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HomeMy WebLinkAbout2001-040 t ` Y THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2001-040 being a by-law to extend the existing Agreement between the Corporation of the Municipality of Clarington and the Clarington Board of Trade 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 with the Corporation Seal, an amendment to the Agreement between the Clarington Board of Trade and the said Corporation. By-law read a first and second time this 26th day of February 2001 , By-law read a third time and finally passed this 26th day of February 2001 , MAYOR L"ICPAI CLERK THIS FIRST AMENDING AGREEMENT to the BOARD OF TRADE AGREEMENT is made as of this 26th day of February, 2001. BETWEEN: THE CLARINGTON BOARD OF TRADE (hereinafter called the "Board of Trade") OF THE FIRST PART THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Municipality") OF THE SECOND PART FIRST AMENDING AGREEMENT WHEREAS: A. The Municipality and the Board of Trade made an Agreement as of April 12, 1999 respecting,among other matters,the delivery of services in the area of Economic Development in the Municipality. The"Initial Term"of this Agreement commenced on April 12, 1999 and expired on December 31, 2000 (the`Board of Trade Agreement"); B. By its adoption of Report #ADMIN-01-01 dated February 19, 2001 at its meeting on February 26,2001,the Council of the Municipality approved an extension of the Term of the Board of Trade Agreement from December 31, 2000 to December 31, 2003 at an annual payment by the Municipality to the Board of Trade of Seventy-Five Thousand($75,000.00)Dollars in return for the continuation by the Board of Trade of the function of Economic Development in the Municipality; and C. The execution of this First Amending Agreement to the Board of Trade Agreement by the Mayor and Clerk on behalf of the Municipality is authorized by By-Law No. 2001-040 which was passed on February 26, 2001, NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed,and the sum of two($2.00)dollars of lawful motley 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 1.1 of the Board of Trade Agreement is hereby amended to,:xtend the Term from December 31,2000 to December 31,2003 on the same terms and conditions as aj-e set out in the Board of Trade Agreement. 2. Paragraph 2.1.3 of the Board of Trade Agreement is amended by deleting the punctuation at the end of the penultimate sentence and by adding the following punctuation and figures: `; 2001, 2002 and 2003." -2- 3. Paragraph 3.1.2 of the Board of Trade Agreement is deleted and replaced with the following: "Without derogating from section 3.1.1 in any way,not later than six(6)months after the date of this Agreement and thereafter not later than March 31 st of each year during the Term and any extension or renewal thereof,the Board of Trade shall file with the Municipality's Treasurer an audit report prepared in accordance with proper accounting and audit principles and standards by a qualified auditor respecting the financial affairs of the Board of Trade for the preceding period. The first reporting period shall commence on the date of incorporation of the Board of Trade." 4. Except as otherwise provided in this First Amending Agreement to the Board of Trade Agreement, the Board of Trade Agreement shall be deemed to continue in full force and effect from December 31, 2000 to December 31, 2003. Time shall continue to be of the essence of the Board of Trade Agreement. Time shall also be of the essence of this First Amending Agreement to the Board of Trade Agreement. 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 ) By: In the presence of: ) Mayor, Jo utton By: C1eyYc, a 'e THE CLARINGTON BOARD OF TRADE By: N Tit By: Nam d¢ Title: DICE N 7 R:UMMRONICT.AR INC,%BRDTRADL\AMEND.1.AG2