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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2003- 148
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and St. Mary's
Cement Company, Ontario, to enter into agreement for the
monitoring of blasting.
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
contract between, St. Mary's Cement Company, and said Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
29th September
By-law read a first and second time this day of , 2003.
29th September
By-law read a third time and finally passed this day of ,2003. .
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LETTER OF UNDERSTANDING
BETWEEN
Corporation of the Municipality of Clarington ("Clarington")
And
St. Mary's Cement Inc.
WHEREAS Clarington, and St. Mary's Cement Inc. have agreed that a blast monitoring
device and related equipment (the "Device") will be installed in the interior space of the
building located at the Baseline Community Centre, 2444 Baseline Road, Bowmanville
Ontario.
WHEREAS it has been further agreed that the Device will be owned and operated by
St. Mary's Cement Inc. while located at the Baseline Community Centre, and that, in
addition to granting the rights of occupation contained herein Clarington shall take all
necessary steps to ensure the St. Mary's Cement Inc. and their respective employees,
authorized agents and contractors have access to the Community Centre and the
Device on a 24 hour a day, 7 day a week basis;
Now by this Letter of Understanding the parties hereto hereby confirm that the above
recitals are true in substance and in fact and agree each with the other as follows:
1. Clarington grants to St. Mary's Cement Inc. in perpetuity, (unless earlier
terminated as provided for herein), the right to use and occupy a portion of
the Baseline Community Centre for the purposes set out in this Letter of
Understanding in connection with the installation, operation and maintenance
of the Device;
2. During the term of this agreement St. Mary's Cement Inc. shall remain
responsible for and shall at its cost repair and maintain the Device in good
order and repair at all times; and
3. During the term of this agreement all charges and costs relating to hydro
services, relating to the Device, shall be paid by St. Mary's Cement Inc..
4. During the term of this agreement St. Mary's Cement Inc. will not do or permit
any act or thing which may make void or voidable an insurance upon any
buildings or part thereof, upon the said premises, or which may cause any
increase or additional premium to be payable for any insurance.
5. St. Mary's Cement Inc. covenants to keep the Municipality of Clarington and
Baseline Community Centre indemnified against all claims and demands
whatsoever by any person, whether in respect of damage to person or
property, arising out of or occasioned by the maintenance, use or occupancy
of the Premises or the subletting or assignment of same or any part thereof.
And St. Mary's Cement Inc. further covenants to indemnify the Municipality of
Clarington with respect to any encumbrance on or damage to the Premises
occasioned by or arising from the act, default, or negligence of the Company,
its officers, agents, servants, employees, contractors, customer, invitees or
licensees.
6. St. Mary's Cement Inc. shall carry insurance naming the Municipality and
Baseline Community Centre also as an insured person insuring against the
risk of damage to the Municipality's property within the Premises caused by
fire or all other perils and the policy shall contain waiver of subrogation and
cross-liability endorsements satisfactory to the Municipality of Clarington's
Director of Finance and provide a certified copy of such policy of insurance
when requested to do so, and
.Letter of Understandinq - St. Mary's Cement Inc.
Paqe 2 of 2
Comprehensive general liability insurance in the amount of Five Million
Dollars ($5,000,000.00) inclusive per occurrence for bodily injury, death and
damage to property including loss of use thereof. An endorsement to provide
the Municipality of Clarington with thirty (30) days written notice of
cancellation, and shall provide the Municipality with a copy of the policy
certified by the insurer.
It has been further agreed that Clarington may terminate this Letter of Understanding
upon providing St. Mary's Cement Inc. with 6 months prior written notice, and upon
receipt of such notice shall at its cost remove the Device prior to the date of termination
of this agreement.
The Letter of Understanding shall ensure to the benefit of and be binding upon the
parties hereto an their respective successors and assigns.
IN WITNESS WHEREOF the parties have executed this Lett~ of Understanding by
their duly authorized representatives as of the 11 day of
Oc:;~o\~/ 2003.
Corporation of the Municipality of Clarington
St. Mary's Cement Inc.
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