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3452 To amend By-Law 2997, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg. Location: London St E & Washington Grand AveTHE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3452 A BY-LAW to amend By -Law 2997, being a by-law to regulate traffic and the parking of motor vehicles in the Town of Tillsonburg. WHERAS it is deemed necessary and expedient to amend By -Law 2997. AND WHEREAS The Town of Tillsonburg is desirous of entering into an agreement with the property owners as designated in column 3 below, for the purposes of designating on street parking therof. THEREFORE the (�ouncil of the Town of Tillsonburg enacts as follows: 1. THAT the parking agreements attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached parking agreements on behalf of the Corporation of the Town of Tillsonburg. 3. THAT Schedule 23 hereto forms part of By -Law 2997 as follows: nF_1;TC4NATFD nN -';TRFFT PARKING COLUMN 1 Highway COLUMN 2 Side COLUMN 3 Location COLUMN 5 TIME OR DAYS London Street East south 2 parking spaces adjacent to Anytime 29 London Street East Roll No. 020 020 32600 0000 PIN - 00037 0103 Washington Grand north/west 2 parking spaces adjacent to Anytime Avenue 71 Washington Grand Avenue Roll No. 040 040 44300 0000 PIN - 00033 0045 2. THAT these amendments to By -Law 2997 are hereby declared to be part of that By -Law as if written therein. 3. THAT this By -Law be passed pursuant to the Highway Traffic Act, and shall become effective upon enactment. Read a first and second time this I `)4 _day of 2010. Read a third time, passed, signed, sealed and num r d `4 this [Zday of 0(4--ulDe­ 2010. ayor - Stephen Molnar Clerk - Donna Hemeryck Schedule 23 DESIGNATED ON STREET PARKING COLUMN 1 Highway COLUMN 2 Side COLUMN 3 Location COLUMN 5 TIME OR DAYS London Street south 2 parking spaces adjacent Anytime East to 29 London Street East Roll No. 020 020 32600 0000 PIN - 00037 0103 Washington north/west 2 parking spaces adjacent Anytime Grand Avenue to 71 Washington Grand Avenue Roll No. 040 040 44300 0000 PIN - 00033 0045 PARKING AGREEMENT Made this day of October, 2010 l���i99y V THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the "Town") -and- KEVIN NEIL BRYAN (hereinafter referred to as the "Property Owner") WHEREAS The Property Owner own property municipally described as 29 London Street East. (the "Property"). The Town possesses a municipal road named London Street (the "Street") pursuant to the Highway Traffic Act (the "Act"). The Street contains parking spaces for motor vehicles. The parking spaces on the Street are subject to time restrictions. In accordance with this agreement at the petition of the Property Owner the Town is prepared to designate two parking spaces on London Street East for the dedicated use of the Property Owner. In consideration for the sum of $2.00, the receipt and sufficiency of such is hereby acknowledged, the Parties agree as follows: 1. The Town shall designate two parking spaces on the Street adjacent to the Property (the "Parking Spaces"). 2. The Town shall solely determine the location of the Parking Spaces on the Street. 3. The Town shall place markings on pavement of the Parking Spaces or place a sign on the sidewalk (the "Markings"). The Markings shall by picture or words or combination thereof indicate that the Parking Spaces are reserved. At no time shall the Property Owner or anyone on his behalf place, add or insert any sign, designation or markings on the Parking Space or the sidewalk. 4. The Town shall provide two parking permits (the "Permit") to the Property Owner. The Permit, if displayed, will indicate that the motor vehicle is permitted to park in one of the designated Parking Spaces. The Town acknowledges that the display of the Permit allows such motor vehicle to park in the Parking Space regardless of time of day or length of parking. 5. The Property Owner agrees that the Permit shall not be displayed on an abandoned motor vehicle or motor vehicle that is not operational. At no time shall the Parking Spaces be used for the repair of a motor vehicle. 6. The Property Owner may provide the Permit to any tenant or occupier of the Property but shall not: provide the Permit to any other person that is not an occupier or tenant of the Property. The Property Owner shall not use the Permit other than his or her occupancy at the Property. If the Property Owner does not occupy the Property then he or she shall not use the Permit other than to attend the Property. The Property Owner acknowledges that the Permit can only be used in conjunction with the occupancy of the Property and does not allow the user of the Permit to use any other dedicated or designated parking space in the Town of Tillsonburg including any disabled parking spaces. 7. The Property Owner acknowledges that failure to display the Permit in the windshield of the motor vehicle in such a manner that a peace officer or by-law enforcement officer may view the Permit may result in the ticketing and/or towing of the motor vehicle parked in the Parking Spaces and shall be subject to all fines, levies and charges pursuant to such by-law and/or the Act. 8. The Town shall enforce its parking by-laws and the Act with respect to the Parking Spaces for motor vehicles that do not display the Permit while parked on the Parking Spaces. The Property Owner acknowledges that such enforcement does not: occur twenty four hours a day and only on certain days of the year. If a motor vehicle is parked on the Parking Spaces without a Permit and the by-law enforcement officer is unavailable then the Property Owner agrees that it must contact the Ontario Provincial Police to enforce the terms of this Agreement. The Property Owner acknowledges that the Town is not required by the terms of this Agreement to enforce compliance of the exclusive use of the Parking Spaces at all times. 9. The Property Owner acknowledges that plowing of snow on the Street may result in snow piles surrounding the motor vehicles parked in the Parking Spaces and at no time is the Town required or liable to remove such snow piles. 10. The Property Owner assumes all liability and responsibility to: a. sand and/or salt the larking Spaces; b. inspect the Parking Spaces for snow and/or ice; c. inspect around the Parking Spaces for piles of snow and/or ice; d. remove snow and ice from the Parking Spaces; and, e. remove snow piles that may surround the motor vehicles in the Parking Spaces. 11. The Property Owner shall release, indemnify and save the Town harmless from any and all actions, claims, lawsuits and demands whether in tort, equity or by statute by any person, corporation or entity, including the Property Owner, tenants, invitees and occupiers of the Property, due to any and all bodily injury, loss, damage, injury and/or death whatsoever and howsoever arising as a result of any facts, allegation, pleading or claim including, but not limited to the generality of the following, that the loss, injury, damage or death occurred on, beside, near or adjacent to the Parking Spaces and was caused or contributed as result of: a. any snow and/or ice on the Parking Spaces; b. snow and/or ice beside, near, adjacent to or in the vicinity of the Parking Spaces; c. failure to remove the snow and/or ice on or beside, near, adjacent to or in the vicinity of the Parking Spaces; d. failure to inspect the Parking Spaces and/or the area near, beside, adjacent to or in the vicinity of the Parking Spaces for snow and/or ice, 0) e. improperly removing the snow and/or ice; f. failing to inspect after the removal of snow or ice; g. failure to have a policy or failing to follow a policy of sanding, salting, removal of snow and/or ice; h. failure to sand and/or salt the Parking Spaces and/or the area near, beside, adjacent to or in the vicinity of the Parking Spaces; i. failure to provide adequate lighting to the Parking Spaces; j. negligently sanding and/or salting the Parking Spaces and/or the area near, beside, adjacent to or in the vicinity of the Parking Spaces; k. negligently removing the snow and/or ice from the Parking Spaces and/or the area near, beside, adjacent to or in the vicinity of the Parking Spaces; and/or I. a combination of the aforementioned or similar allegations. The Property Owner agrees that such indemnity shall extend to all legal fees and disbursements on a substantial indemnity basis plus H.S.T. The Property Owner acknowledges that he or she is an occupier of the Parking Spaces pursuant to the Occupiers' Liability Act. 12. The Parties agree that the term of this Agreement shall be for an indefinite period but may be terminated by either party without cause upon ninety (90) days written notice without penalty. The Property Owner acknowledges that the Town's consent to this Agreement was gratuitous and as a result the termination provisions in this Agreement are reasonable. 13. This Agreement constitute the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Agreement shall be binding unless executed in writing by the party to be bound thereby. 14. The terms and provisions of this agreement shall be binding upon and enure to the benefit of the Parties, their respective heirs, executors, administrators, successors and assigns, as applicable. The Parties agree that this Agreement may be registered on title and shall bind the Property Owner' successors, assigns and transferees. 15. In the foregoing paragraph: wherever the context permits the singular shall include the plural and the plural the singular; in the said paragraphs the word Aperson @ shall include firms and corporations and the masculine shall include the feminine and vice -versa. 16. The Parties further covenant and agree that they are not relying upon any representations, conditions, warranties or promises other than contained in this Agreement. 17. In the event that any clause herein should be unenforceable or be declared invalid for any reason whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the remaining portions of the covenants and such unenforceable or invalid portions shall be severable from the remainder of this Agreement. 18. Should any provision of this Agreement require judicial interpretation, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly 3 construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. 19. The Parties agree that the preamble shall form part of this Agreement for the purposes of interpretation. 20. All the terms in this agreement shall have the same meaning as the Act, if the Act contains such definition; with the exception that motor vehicle shall not include any commercial vehicle or any vehicle that has more than two axles. Signed this : 1-7 day of October, 2010 The Corporation of the Town of Tillsonburg Per: even Molnar, Mayor Donna Hemeryck, Clerk We have authority to bind the Corporation. Signed this.. -- day of October, 2010 evin Nifryan Witness 11