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HomeMy WebLinkAbout2000-141 MUNICIPALITY OF CLARINGTON BY-LAW 2000-141 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 10th day of July 2000. By-law read a third and finally passed this 10th day of July 2000. MAYOR e- P CLERK D Y a R THIS FIFTH AMENDING AGREEMENT TO THE PRINCIPLES OF UNDERSTANDING made as of this 10th day of July, 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 WHEREAS: A. Paragraph 24 of the Principles of Understanding ("Principles") between the Parties dated November 3, 1997 provides 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. -2- C. By the Second Amending Agreement to the Principles of Understanding dated February 21, 2000 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from February 29, 2000 to April 30, 2000 on the terms set out therein. D. By the Third Amending Agreement to the Principles of Understanding dated April 25th,2000 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from April 30, 2000 to a date not later than June 30, 2000 on the terms set out therein. E. By the Fourth Amending Agreement to the Principles of Understanding dated June 26,2000, the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from June 30, 2000 to July 31, 2000 on the terms set out therein. F. The Parties have agreed to further amend the Principles as 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 Party 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 of Understanding dated November 3, 1997 between Blue Circle and the Municipality as amended by the First Amending Agreement, the Second Amending Agreement, the Third Amending Agreement and the Fourth Amending Agreement is further amended by deleting the date"July 31, 2000" and by replacing it with the date "September 15, 2000. 2. All other terms and conditions of the Principles of Understanding, as amended, shall remain the same and time shall be of the essence. -3- 3. This Fifth Amending Agreement to the Principles of Understanding may be executed 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. SIGNED, SEALED AND ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DELIVERED ) in the presence of ) Mayor DEPUTY Cl ) ) BLUE CIRCLE CANADA INC. Per: Name: Title: Per: Name: Title: Q:\HEFFERON\CLARING\BLUECIRC\AGREES\AMEND5.DRI THIS FIFTH AMENDING AGREEMENT TO THE PRINCIPLES OF UNDERSTANDING made as of this 10th day of July, 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 WHEREAS: A. Paragraph 24 of the Principles of Understanding ("Principles") between the Parties dated November 3, 1997 provides 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. -2- C. By the Second Amending Agreement to the Principles of Understanding dated February 21, 2000 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from February 29,2000 to April 30,2000 on the terms set out therein. D. By the Third Amending Agreement to the Principles of Understanding dated April 25th,2000 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from April 30, 2000 to a date not later than June 30, 2000 on the terms set out therein. E. By the Fourth Amending Agreement to the Principles of Understanding dated June 26,2000, the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from June 30, 2000 to July 31, 2000 on the terms set out therein. F. The Parties have agreed to further amend the Principles as 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 Party 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 of Understanding dated November 3, 1997 between Blue Circle and the Municipality as amended by the First Amending Agreement, the Second Amending Agreement, the Third Amending Agreement and the Fourth Amending Agreement is further amended by deleting the date"July 31, 2000" and by replacing it with the date "September 15, 2000. 2. All other terms and conditions of the Principles of Understanding,as amended, shall remain the same and time shall be of the essence. -3- 3. This Fifth Amending Agreement to the Principles of Understanding may be executed 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. SIGNED, SEALED AND ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DELIVERED ) in the presence of ) Mayor Clerk BLUE CIRCLE CANADA INC. 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