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HomeMy WebLinkAboutCOD-008-05 Report 112 Cl~-!l1glOn REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: February 28, 2005 Report #: COD-OOS-05 File#: ke..s 4J-. e-- \ oz; -OS' By-law #: OZOOS - D.:2tf Subject: Waste Management of Canada Corporation, 3'd Lease Amending Agreement Recommendations: It is respectfully recommended to Council the following: 1. THAT Report #COD-008-05 be received; 2. THAT the 3rd lease amending agreement with Waste Management of Canada Corporation be approved to extend the agreement on a month to month basis until July 31,2005 and; 3. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. ,? 7 Submitted by: (/~ Marie Marano Director of Corporate Services Reviewed bt.:-' "-e~J.c~i,S7_,,- Franklin Wu Chief Administrative Officer rvath, RDMR, RRFA, Dire or of Operations MM\FH\LAB\cw REPORT NO.: COD-OOS-05 PAGE 2 BACKGROUND AND COMMENT The Municipality of Clarington entered into a 2nd lease amending agreement with Waste Management of Canada Corporation June 28, 2004, which expired December 31,2004. Waste Management of Canada Corporation is in the process of relocating to the Courtice site and has requested an extension of the agreement on a month to month basis until July 31,2005. The Director of Operations is in agreement with this lease amendment. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506 Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005 Being a By-law to authorize a third lease amending agreement between the Corporation of the Municipality of Clarington and Waste Management of Canada Corporation. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a third lease amending agreement between Waste Management of Canada Corporation said Corporation; and 2. THAT the contract attached hereto as Schedule "Au form part of this By-Law. By-law read a first and second time this 28th day of February, 2005. By-law read a third time and finally passed this 28th day of February, 2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk THIS SECOND LEASE AMENDING AGREEMENT made as of the day of February 2005. BET WEE N: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Landlord") OF THE FIRST PART -and- WASTE MANAGEMENT OF CANADA CORPORATION. (hereinafter called the 'Tenant") OF THE SECOND PART WHEREAS: A. By lease dated January 2, 1998 ("Lease"), the Landlord leased the Premises described in Schedule "A" to the lease to the Tenant, subject to the "Easement" described in paragraph 4 of the Lease. B. The Lease was amended by the Lease Amending Agreement between the Landlord and the Tenant dated February 25, 2002 and the 2nd lease amending agreement dated June 28, 2004. The Lease as amended by the Lease Amending Agreement is referred to hereinafter as the "Lease As Amended". C. The Landlord and Tenant have agreed to further amend the Lease As Amended as set out below in this Third Amending Agreement. D. The execution of the Third Lease Amending Agreement by the Mayor and the Municipal Clerk of the Landlord on behalf of the Landlord is authorized by By-law No. 2005- passed by the Landlord's Council on February 28, 2005. -2- NOW THEREFORE THIS THIRD LEASE AMENDING AGREEMENT WITNESSES that in consideration of the covenants and agreements which are hereinafter set out, and the payment of Two ($2.00) Dollars by each of the parties to the other (the receipt whereof is hereby acknowledged by each of them), the parties covenant and agree as follows: 1. Paragraph 2(a) of the Lease As Amended is amended to read as follows: "2(a) The Tenant shall have and hold the Premises as a Tenant for a period commencing from January 2, 1998 and ending December 31, 2004. The Tenant has provided written notice to the Landlord to extend the lease up to no later than July 31 , 2005 whereupon the Term of this Lease shall be extended to the date set out in the notice on the same terms and conditions (the 'Term"). 2. All covenants and conditions contained in the Lease As Amended as further amended by this Second Lease Amending Agreement and 3rd Lease Amending Agreement continue in full force and effect, and time shall continue to be of its essence. 3. This Third Lease Amending Agreement shall enure to the benefit of and be binding on the parties hereto and their respective successor and assigns. IN WITNESS WHEREOF the Parties have duly executed and unconditionally delivered this Second Lease Amending Agreement as of the date first above written. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By: Mayor John Mutton By: Municipal Clerk, Patti L. Barrie We have authority to bind the corporation. WASTE MANAGEMENT OF CANADA CORPORATION By: Name: Title: By: Name: Title: We have authority to bind the corporation.