HomeMy WebLinkAbout89-64
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW
89 - 64
A By-law to authorize the execution of
an Agreement with Durham Recycling Centre Inc.
for the collection of unwanted newspapers,
glass and cans.
NOW THEREFORE the council of the Corporation of the Town of
Newcastle enacts as folows:
1. That the Corporation of the TOwn of Newcastle do enter into
that certain agreement dated the day of , 1989
between the Corporation and Durham Recycling Centre Inc.
upon and subject to the terms and conditions set forth in
the agreement hereto attached and marked Schedule "A".
2. That the Mayor and Clerk be and they are hereby authorized
to execute the said agreement and to affix thereto the
Corporate Seal of the Municipality.
By-law read a first and second time this 10 day of Apri 1 1989.
By-law read a third time and finally passed this 10 day of Apri 1 1989.
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THIS AGREEMENT made in duplicate this
BE'IWEEN:
day of
, 1989
THE CORPORATION OF THE TOWN OF NEWCASTLE
hereinafter referred to as the "Town."
OF THE FIRST PART
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DURHAM RECYCLING CENTRE INC.
hereinafter referred to as the "D.R.C.I."
OF THE SECOND PART
WHEREAS the parties hereto are desirous of entering into an Agreement to
provide for the collection of unwanted recyclables from residential
neighbourhoods in the Town of Newcastle; and
WHEREAS THE D.R.C.I. has assured the Town that it is able to provide such
a service on a regular weekly basis for the duration of this Agreement,
and further, that it is a non-profit incorporated organization.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of these
presents and the covenants and promises herein contained, and subject
to the terms and conditions hereinafter set out, the parties agree as
follows:
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1. The Town agrees to permit D.R.C.I. to provide regular Monday to
Friday curbside collection of recyclables from residential
neighbourhoods. Recyclables shall include, but are not limited to,
unwanted newspapers, glass, tin and aluminum materials.
2. D.R.C.I. agrees that the Town shall have the right to collect
recyclables should D.R.C.I. fail to do so on the day or days
designated, and furthermore, that the Town shall retain such
recyclables so collected as its own.
3. D.R.C.I. shall indemnify, protect, and save harmless the Town
from any and all loss that the Town may suffer as a result of any
negligent act or omission of the part of D.R.C.I. or by reason of
its fallure to collect recyclables pursuant to this Agreement.
4. D.R.C.I. shall provide and maintain such pUblic liability and
property damage insurance as will protect the Town and all its
respective officers, servants, employees, and agents from loss,
damage, costs, or other charges for damage to property or ~nJury,
including death, to any person or persons arising directly or
indirectly out of or attributable to the discharge by D.R.C.I. or
any of its employees or agents of any of its duties hereunder.
The minimum acceptable amount of insurance coverage will be ten
million dollars ($10,000,000.00)
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5.
The parties agree that the term of this Agreement will commence
on February 15, 1989, and will continue until notice of termination
is given. Either party has the right to terminate this Agreement
at any time and for any reason, by providing sixty days notice
in writing to the other party, such notice to be addressed to the
TOwn at 40 Temperance street, sowmanville, LlC 3A6 and to the
D.R.C.I. at 4600 Garrard Road, Whitby, LlN SS6.
6.
If any term of this Agreement shall be found to be ultra vires
of the town, or otherwise unlawful, such term shall be deemed to be
severable and the remainder of the Agreement shall be and remain
in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement under
their respective corporate seals under the hands of their proper
officers duly authorized in that behalf.
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