HomeMy WebLinkAboutSOLIC-#4-00
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: Council File # Luc{ f] t___
Date: Monday, July 10, 2000 Res. #C,' x}.25 -~%C~
Report #: Solic-#4-00 By-law # ~~cC -- ~ y
Subject: FURTHER EXTENSION OF "UNWINDING DATE" PROVIDED IN THE
PRINCIPLES OF UNDERSTANDING BETWEEN BLUE CII2CLE CANADA INC.
("BLUE CIRCLE") AND THE MUNICIPALITY OF CLARINGTON DATED
NOVEMBER 3, 1997, AS AMENDED (the "PRINCIPLES")
1.0 Recommendations:
THAT this report be received.
2. THAT a by-law be passed authorizing the Mayor and Clerk on behalf of the Municipality
of Clarington to execute an agreement with Blue Circle Canada Inc. to amend the Principles
of Understanding between Blue Circle Canada Inc. and the Municipality of Clarington dated
November 3, 1997, as amended by the First, Second, Third and Fourth Amending
Agreements by deleting the date "July 31, 2000" and replacing it with the date "September
15, 2000".
2.0 BACKGROUND
2.1 The Fourth Amending Agreement to the Principles was approved by Council at the mee5ng
on June 19, 2000 as was recommended in Report Solic #-3-00. As discussed in paragraph
6.7 of that Report, paragraph 1(a)(m) of the Fourth Amending Agreement amended
paragraph 24 of the Principles to provide for an extension of the Unwinding Date by
agreement of the solicitors for the parties to a date not later than July 31, 2000.
2.2 The "Closing Date" provided in the Principles will occur when certain actions have been
taken and documents executed by the parties to them. The documents include the
Maintenance and Monitoring Agreement which is to be executed by Blue Circle, the
Municipality and the Central Lake Ontario Conservation Authority, and the Hydro One
Easement Agreement which is to be executed by Ontario Hydro One Networks Inc., Blue
Circle and the Municipality. It now appears that there may be some delay in having these
Agreements executed by the parties to them other than the Municipality. Given the summer
Report Solic-#4-00
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July, 1Q 2000
recess it would be prudent to provide more flexibility with respect to the "Unwinding Date"
in the Principles by permitting it to be extended by agreement of the solicitors for the parties
to a date not later than September 15, 2000. The next regular meeting of Council after July
10, 2000 is scheduled for September 12, 2000.
3.0 CONCLUSION
3.1 It is recommended that Council authorize the execution of an agreement with Blue Circle to
provide that the date of July 31, 2000 now set out in paragraph 24 of the Principles be
deleted and the date September 15, 2000 be substituted for it.
Respectfully submitted
Denni Hefferon
Solicitor
Received by
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Franklin Wu
Chief Administrative Officer