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HomeMy WebLinkAbout84-109 . THE CORPORATION OF THE TOWN Of NEWCASTLE BY-LAW 84- 109 being a by-law to authorize the entering into of an Agreement with Durham Recycling Centre Inc., and the Corporation of the Town of Newcastle THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation1s Seal, an Agreement between Durham Recycling Centre Inc. Limited, and the said Corporation, dated this 17 III day of 5;;~ 'fE./'f~ER 1984" in the form attached hereto as Schedule "X". 2. THAT Schedule "X" attached hereto forms part of this by-law. By-law read a first and second time this 10th day of September 1984. By-law read a third time and finally passed this 10th day of September 1984. ~ ./tr7<<<" k~ __ _ , ~.. ITerk '; ] {, fj. . -~--..-, .. "-",,,,,,,,,, I FIle NO._._.~J4.-----,-_._---- - " THIS AGREEMENT made in duplicate this 11 ~h BETWEEN: day of ~t.?- I~......., 1984. The Corporation of the Town of Newcastle i.., hereinafter referred to as the "Town" OF THE FIRST PART -and- Durham Recycling Centre Inc. hereinafter referred to as the "D.R.C." OF THE SECOND PART WHEREAS the parties hereto are desirous of entering into an Agreement to provide for the collection of unwanted newspapers from residential neighbourhoods in the Town of Newcastle (former Town of Bowmanvil1e); and, WHEREAS the D.R.C. has assured the Town that the D.R.C. is able to provide such a service on a regular weekly basis for the duration of this Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of these presents and the convenants and promises herein contained, and subject to the terms and conditions hereinafter set out, the parties agree as foll ows: 1. D.R.C. represents that it is a non-profit incorporated organization and, accordingly, any profits which it does realize from the collection and sale of unwanted newspapers pursuant to this Agreement shall be used by the D.R.C. to establish further recycling programs and public information services all within the Town of Newcastle. 2. The parties agree that the terms of this Agreement will be for a period to commence at the date of the signing of this Agreement and to terminate on December 31, 1987. Either party has the right to terminate this Agreement at any time, by providing sixty days I notice in writing to the other party, such notice to be addressed to the Town at 40 Temperance Street, Bowmanvi11e, L1C 3A6 and to the D.R.C. at Unit 4, 717 Wilson Road South, Oshawa L1H 6E9. This agreement may be terminated for any reason whatsoever. I By-lawN.. t~ -/0'1 :11 File No._....t.l2L.~_L......__._..J . 3. The Town agrees to permit D.R.C. to provide regular Monday to Friday curbside collection of unwanted newspapers from residential neighbourhoods, subject to suitable scheduling arrangements being made with the Public Works Department. 4. The Town shall have full and open access to the books, accounts, records and statements of D.R.C. at any time and from time to time. In addition D.R.C. agrees to complete a data sheet on forms provided by the Town and further to forward the data sheets to the Town on a quarterly basis. 5. D.R.C. is fully responsible for the issuing of notices to the public in the collection area regarding the purposes, scheduling and operation of their unwanted newspaper collection at no cost to the Town. 6. D.R.C. agrees that the Town shall have the right to collect unwanted newspapers should D.R.C. fail to do so on the day or days designated for the D.R.C. collection of unwanted newspapers, and furthermore that the Town shall maintain the newspapers so collected as its own. 7. D.R.C. 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 on the part of D.R.C., or by reason of its failure to collect unwanted newspapers pursuant to this Agreement. 8. D.R.C. 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, liens, demands, costs or other charges for damage to property or injury, including death, to any person or persons arising directly or indirectly out of or attributable to the discharge by D.R.C. or any of its employees or agents of any of its duties hereunder. The minimum acceptable amount of insurance coverage will be five hundred thousand dollars ($500,000.00). ~ # 9. So long as this Agreement remains in effect, the Town agrees not to enter into the same or any similar arrangements to provide for the collection of unwanted newspapers with any other persons, firm, or corporation in those areas of the Town where D.R.C. provides regular weekly curbside collection service, if the said Agreement would take effect during the currency of this Agreement, provided, however, that this Clause shall not be read to restrict in any way either the performance of the Townls own responsibility to collect refuse of all types within the Town of Newcastle (former Town of Bowmanvi1le) or the Saturday collection of activities of the Newcastle Environment Watchers or any collections scheduled by Scouts Canada. 10. 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. THE CORPORATION OF THE TOWN OF NEWCASTLE if ' ~ ~ . LERK DURHAM RECYCLING CENTRE INC. ~~~..~~~ MANAGER ~c;~ MANAGER MANAGER