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HomeMy WebLinkAbout2000-28 s MUNICIPALITY OF CLARINGTON BY-LAW 2000- 28 Being a by-law to authorize the execution of an Agreement to amend the Principles of Understanding between Blue Circle Canada Inc., and the Municipality of Clarington dated November 3, 1997 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Municipal Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the corporate seal, an Agreement to amend the Principles of Understanding between Blue Circle Canada Inc. and said Corporation; and 2. THAT the Agreement attached hereto as Schedule "A"form part of this By-law. By-law read a first and second time this 21 St day of February 2000. By-law read a third and finally passed this 21St day of February 2000. MAY _* CIPAL CLERK THIS SECOND AMENDING AGREEMENT TO THE PRINCIPLES OF UNDERSTANDING made as of this 21 st day of February,2000. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("Municipality") OF THE FIRST PART - and- BLUE CIRCLE CANADA INC. ("Blue Circle") OF THE SECOND PART PRINCIPLES OF UNDERSTANDING WHEREAS: A. Paragraph 24 of the Principles of Understanding ("Principles") between the Parties dated November 3, 1997 provide for the Principles to terminate and have no force and effect in the event that any of the conditions referred to in paragraph 1 and paragraph 23 or any of the events listed in paragraph 8(b)of the Principles is not satisfied prior to December 31, 1999 ("Unwinding Date"). B. By the First Amending Agreement to the Principles of Understanding dated December 13, 1999 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from December 31, 1999 to February 29, 2000 on the terms set out therein. t -2- C. The Parties have agreed to amend paragraph 24 of the Principles to extend the Unwinding Date from February 29, 2000 to April 30, 2000 on the terms set out below. NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed,and the sum of two($2.00)dollars of lawful money of Canada,now paid by each Parry to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. Paragraph 24 of the Principles is hereby amended to extend the Unwinding Date provided for therein from February 29,2000 to April 30, 2000 with all other terms and conditions of the Principles to remain the same and time to remain of the essence. 2. This Second Amending Agreement to the Principles of Understanding may be executed by the Parties in counterpart. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. s -3- SIGNED, SEALED AND ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DELIVERED ) in the presence of ) Mayor Cle BLUE CIRCLE CANADA INC. Per: Name: Title: Per: Name: Title: Q:\HEFFERON\CLARING\COVE.RD\BLUECIR.AM2