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HomeMy WebLinkAbout2003-148 .. 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. . , - --- -- - . . 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. :yJ(~ hn MUtton # ~8'1(t>.~ ~~,~~~_/AJx. H :\LEASES\LET -0 F-UN OERST AN 01 NG-ST -MARYS-2003,doc