HomeMy WebLinkAboutBy-law 948/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 948/79
Being a By-Law to authorize the execution
of an Agreement between the Corporation
of the Town of Pickering and J.D.S. Invest-
ments Limited respecting the enforcement
of fire route regulations at Sheridan Mall.
WHEREAS, the Council of the Corporation
Pickering enacted By-Law 851/78 on July 10th,
By-Law includes certain provisions respecting
of parking in fire routes; and
WHEREAS a fire route has been designated
owned by J.D.S. Investments Limited and known
Mall; and
Df the Town of
1978, which
the regulation
on property
as the Sheridan
WHEREAS J.D.S. Investments Limited has offered its ser-
vices to the Town for the purpose of assisting the Town in
enforcing the said fire route parking regulations on those
lands;
NOW THEREFORE, the Council of the Corporation of the
Town of Pickering HEREBY ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute
an Agreement in the form attached hereto as Schedule
"A" between the Corporation of the Town of Pickering
and J.D.S. Investments Limited respecting the provi-
sion of assistance to the Town by J.D.S. Investments
Limited in the enforcement of the Town's fire route
parkingregulations on the lands known as the Sheridan
Mall.
BY-LAW read a first, second and third time and finally passed
this 22nd day of January , 1979.
t r „? 1
SCHEDULE "A" TO BY-LAW 948 /79
THIS AGREEMENT made this day of
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter referred to as the "Town"
OF THE FIRST PART,
- and -
J.D.S. INVESTMENTS LIMITED
hereinafter referred to as the "Company"
OF THE SECOND PART.
, 1978.
WHEREAS the Company is the owner of certain lands and
premises in the Town of Pickering, being part of Lots 21 and
22, Concession 1, and known as Sheridan Mall;
AND WHEREAS the Town has designated certain portions of
the private roadway located on the said lands as a fire route;
AND WHEREAS the Company has offered its services to the
Town for the purpose of assisting the Town in enforcing the
Town's fire route parking prohibitions on the said lands;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consid-
eration of the sum of Ten Dollars ($10.00) now paid by the
Town to the Company, receipt of which by the Company is
hereby acknowledged, the Company hereby agrees with the Town
as follows:
1. The Company shall assist the Town in the enforcement
of the Town's fire route parking prohibitions, enac-
ted pursuant to the provisions of paragraph 45a of
subsection 1 of section 354 of The Municipal Act,
R.S.O. 1970, chapter 284, pursuant to the terms and
conditions hereinafter set forth.
2. The Company shall designate one or more of its employ-
ees to assist the Municipal Law Enforcement Officer
of the Town in the enforcement of clause (c) of sub-
section (6) of section 3 of By-Law 851/78, or any
assignor thereof, which employee or employees may, in
the discretion of the Town, be appointed by the Town
as Special By-Law Enforcement Officers for this pur-
pose.
3. (a) Any person designated by the Company pursuant
to subsection 2 and appointed by the Town pur-
suant to subsection 2 shall remain an employee
of the Company and at no time shall be consid-
ered an employee of the Town.
- 2 -
(b) Notwithstanding the provisions of subsection
1, any employee designated by the Company pur-
suant to section 2 and appointed by the Town
pursuant to section 2, shall be responsible
insofar as the enforcement of the Town's fire
route parking regulations is concerned, to the
Town Clerk through the Town's Municipal Law
Enforcement Officer.
4. The Company hereby agrees to save harmless and to indem-
nify the Town from and against all claims, demands, dam-
ages, losses, costs, charges and expenses which the Town
may sustain or incur or be liable for in consequence of
any act or omission of any person designated by the Com-
pany pursuant to section 2 and appointed by the Town pur-
suant to section 2, save and except any act or omission
occurring as a direct result of instructions given by
the Town Clerk or the Town Municipal Law Enforcement
officer.
5. The Company acknowledges and agrees that nothing in this
Agreement shall affect the rights, duties and obligations
of the Town or the Durham Regional Police Force to enter
upon the Company's lands for the purpose of enforcing the
Town's fire route parking regulations.
6. (a) This Agreement may be terminated by either party
upon two day's written notice to the other which
notice shall be sufficiently given if delivered
as follows:
(i) for notice by the Town to the Company,
personal delivery to the Manager or
person in charge at Sheridan mall,
1355 Kingston Road, Pickering;
(ii) for notice by the Company to the Town,
personal delivery to the Town Manager
or the Town Clerk at the Town's Muni-
cipal Offices, 1710 Kingston Road,
Pickering.
(b) Unless previously terminated pursuant to the pro-
visions of subsection 1, this Agreement shall ex-
pire at midnight on December 31st, 1979.
(c) The Company agrees that, if possible, that follow-
ing the termination or expiry of this Agreement,
the persons designated by it pursuant to section
2 and appointed by the Town pursuant to section 2
will attend, as required, at any court hearing
respecting the prosecution of violations of the
Town's fire route parking regulations.
- 3 -
IN WITNESS WHEREOF the parties hereto have hereunto
affixed their corporate seals duly attested by their proper
authorized officers.
SIGNED, SEALED and DELIVERED
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
J.D.S. INVESTMENTS LIMITED
Per:
Per:
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