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
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