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HomeMy WebLinkAbout2005-024 , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2005 - 024 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 "A" 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. ~ " THIS THIRD LEASE AMENDING AGREEMENT made as of the 28th day of February 2005. BET WEE N: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Landlord") OF THE FIRST PART -a nd- 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 Agreements are 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- 024 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. - -~ ",- . / -..--.- ~ ::-. . .~ We have authority to bind the corporation. WASTE MANAGEMENT OF CANADA CORPORATION By: '/K~1--t ,J...,t,c Name:J<osc...r tn>'O Title: /),!i.(aol.. ".,c GP(A;477ctJc, By: Name: Title: We have authority to bind the corporation. 12/01/2004 10:15 4168647404 DENNIS HEFFERON LAW I-'A<.:it. ~:L!~':< , ReceIpted as DR324481 on 20040930 at 15:02 LRO # 40 Notiea Under 5.71 Of Tho Land Titles Act The applicant(s) hereby applies to the Land Registrer. I Properties PIN yyyy mm dd Page 1 of 16 Description 26606 - 0001 L T Estate/Qualifier Fee Simple Ll Conversion Oualified PT LT 25 CON BROKEN FRONTOARUNGTON; PT LT 26 CON BROKEN FRONT DARLINGTON PTS 1 & 2, 10R513, & AS IN 0397581; srr INTEREST IN N58265: srr DN16029E; CLARINGTON CLARINGTON Address I Consideration Consideration $ 0.00 I Applicant(s) The notice Is based on or affects a valid and existing estate, right, interest or equity In land Name THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Address for Service 40 Temperance Street Sowmanville, ON L 1 C 3A6 This document is not authorized under Power of Attorney by this party. This document is being authorized by a municipal corporaUon by The Corporation of the Municipality of Clarington by John Mullon, Mayor and Patti L. 8arrle, Municipal Clerk. I Party To(s) Capacity Share Name Address for Service WASTE MANAGEMENT OF CANADA CORPORATION 5045 South Service Road Suite 300, Burlington, ON L7L 5Y7 Beneficial Owner I, Donald P. Wright, Vice-President, have the authortty to bind the corporation This document is not authorized under Power of Attorney by this party. I Statements This notice is for an indeterminate period Schedule: See Schedules This document relates to registration no.(s)L T1001674 I Signed By 8arbara~Ann Gale 2600-200 Bay St., Royal Bank Plaza, South Tower Toronto M5J 2J4 acting for Applicant(s) Signed 2004 09 30 Tel 416-864-7385 Fax 4168647404 I Submitted By DENNIS HEFFERON LAW OFFICE 2600-200 Bay St.. Royal Bank Plaza, South Tower Toronto M5J 2J4 2004 Og 30 Tel 416-864-7385 Fax 4168647404 I FeeslTaxes/Payment statutory Registration Fee $60.00 Total Paid $60.00 1~/01/2004 10:15 4158547404 ,. , . '. LRO 1/ 40 Notice Under S.71 Of The Land Titles Act The applicant(s) hereby applies to the Lane! Registrar. 1 File Number Applicant Client File Number: #7721, SPA 2003-054 DENNIS HEFFERON LAW r'Al:it:. ~.:I/~.:I RllClIlpted as DR324481 on 20040930 at 15:02 yyyy mm dd Page 2 of 16