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HomeMy WebLinkAbout2001-066 MUNICIPALITY OF CLARINGTON BY-LAW NO. 2001- 066 being a by-law to authorize the execution of an Agreement to amend the Principles of Understanding between Blue Circle Canada Inc., and the Municipality of Clarington THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS; 1 . THAT the Mayor and Municipal Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporation Seal, an Agreement to amend the Principles of Understanding between Blue Circle Canada Inc. and the Municipality of Clarington. By-law read a first and second time this 17th day of April 2001 . By-law read a third time and finally passed this 17th day of April 2001 . John on, ayor PtL. r ie, nicipal Clerk Telephone (416) 360-3326 Facsimile (416) 868-0306 DENNIS C. HEFFERON BARRISTER & SOLICITOR Suite 2500 130 Adelaide Street West Toronto, Ontario M5H 2M2 TDX Box 38 18 April 2001 BY COURIER Ms. Patti L. Barrie Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 Dear Ms. Barrie: Re: Sixth Amending Agreement dated April 17, 2001 to the Principles of Understanding between the Municipality of Clarington and Blue Circle Canada Inc. I enclose herewith two executed copies of the Sixth Amending Agreement to the Principles of Understanding executed in counterpart by Blue Circle Canada Inc. for your records. Yours very truly, / DCH:bg Dennis C. Hefferon Enclosure c. Mr. Stephen Vokes THIS SIXTH AMENDING AGREEMENT TO THE PRINCIPLES OF UNDERSTANDING made as of this 17th day of April, 2001. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("Municipality") OF THE FIRST PART -and- BLUE CIRCLE CANADA INC. ('Blue Circle") OF THE SECOND PART WHEREAS: A. Paragraph 24 of the Principles of Understanding ("Principles") between the Parties dated November 3, 1997 provides for the Principles to terminate and have no force and effect in the event that any of the conditions referred to in paragraph 1 and paragraph 23 or any of the events listed in paragraph 8(b) of the Principles is not satisfied prior to December 31, 1999 ("Unwinding Date"). B. By the First Amending Agreement to the Principles of Understanding dated December 13, 1999 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from December 31, 1999 to February 29, 2000 on the terms set out therein. C. By the Second Amending Agreement to the Principles of Understanding dated February 21, 2000 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from February 29, 2000 to April 30, 2000 on the terms set out therein. -2- D. By the Third Amending Agreement to the Principles of Understanding dated April 25th,2000 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from April 30, 2000 to a date not later than June 30, 2000 on the terms set out therein. E. By the Fourth Amending Agreement to the Principles of Understanding dated June 26,2000, the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from June 30, 2000 to July 31, 2000 on the terms set out therein. F. By the Fifth Amending Agreement to the Principles of Understanding dated July 10th,2000, the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from July 31,2000 to September 15, 2000. G. The Parties have agreed to further amend the Principles as set out below. NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed,and the sum of two($2.00)dollars of lawful money of Canada,now paid by each Party to the others (the receipt whereof by each Parry is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. Schedule"J" is amended by: (i) under the heading"Commencement Date",deleting"Spring 2001"and replacing it with"Spring 2002"; (ii) under the heading"Schedule of Work",deleting"Spring 2001"and replacing it with "Spring 2002"; and -3- (iii) under the heading"Completion Date",deleting"Winter 2004"and replacing it with "Winter, 2005. 2. All other terms and conditions of the Principles of Understanding,as amended,shall remain the same and time shall be of the essence. 3. This Sixth Amending Agreement to the Principles of Understanding may be executed in counterpart. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DELIVERED ) in the presence of ) Mayor Clerk BLUE CIRCLE CANADA INC. Per: Name: Title: V Per: Name: Title: R:\BEFFERON\CLARING\BLUECIRC\AGREES\AMEND6.DRI L THIS SIXTH AMENDING AGREEMENT TO THE PRINCIPLES OF UNDERSTANDING made as of this 17th day of April, 2001. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("Municipality") OF THE FIRST PART - and- BLUE CIRCLE CANADA INC. ('Blue Circle") OF THE SECOND PART WHEREAS: A. Paragraph 24 of the Principles of Understanding ("Principles") between the Parties dated November 3, 1997 provides for the Principles to terminate and have no force and effect in the event that any of the conditions referred to in paragraph 1 and paragraph 23 or any of the events listed in paragraph 8(b) of the Principles is not satisfied prior to December 31, 1999 ("Unwinding Date"). B. By the First Amending Agreement to the Principles of Understanding dated December 13, 1999 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from December 31, 1999 to February 29,2000 on the terms set out therein. C. By the Second Amending Agreement to the Principles of Understanding dated February 21, 2000 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from February 29, 2000 to April 30, 2000 on the terms set out therein. l _2_ D. By the Third Amending Agreement to the Principles of Understanding dated April 25th,2000 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from April 30, 2000 to a date not later than June 30, 2000 on the terms set out therein. E. By the Fourth Amending Agreement to the Principles of Understanding dated June 26,2000, the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from June 30, 2000 to July 31, 2000 on the terms set out therein. F. By the Fifth Amending Agreement to the Principles of Understanding dated July 10th,2000, the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from July 31,2000 to September 15, 2000. G. The Parties have agreed to further amend the Principles as set out below. NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed,and the sum of two($2.00)dollars of lawful money of Canada,now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. Schedule"J" is amended by: (i) under the heading"Commencement Date", deleting"Spring 2001"and replacing it with"Spring 2002"; (ii) under the heading"Schedule of Work",deleting"Spring 2001"and replacing it with "Spring 2002"; and -3- (iii) under the heading"Completion Date",deleting"Winter 2004"and replacing it with "Winter,2005. 2. All other terms and conditions of the Principles of Understanding,as amended,shall remain the same and time shall be of the essence. 3. This Sixth Amending Agreement to the Principles of Understanding may be executed in counterpart. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DELIVERED ) in the presence of ) Mayor Clerk BLUE CIRCLE CANADA INC. Per: 6;2 Name: , M Title: p ) Per: Name: Title: R:\HEFFERONi CLARING\BLUECIRC\AGREES\AMEND6.DR1 Telephone (416) 360-3326 Facsimile (416) 868-0306 DENNIS C. HEFFERON BARRISTER & SOLICITOR Suite 2500 130 Adelaide Street West Toronto, Ontario M5H 2M2 TDX Box 38 22 June 2000 BY COURIER Mr. Alec Clute Weir & Foulds Barristers and Solicitors Exchange Tower, Suite 1600 130 King Street West Toronto, ON M5X 1 J5 Dear Mr. Clute: Re: Fourth Amending Agreement to the Principles of Understanding Between The Municipality of Clarington and Blue Circle Canada Inc. I enclose herewith two copies of the Fourth Amending Agreement to the Principles of Understanding for execution by your client in counterpart. Please forward one executed copy to me. I will send you a counterpart copy executed by the Mayor and Clerk following the meeting of Council on June 26, 2000. Yours/sexy truly, I DCH:bg Dennis C. Hefferon Encl. C. Mr. F. Wu Mr. S. Vokes Mrs. P. Barrie Mrs. M. Marano x THIS SIXTH AMENDING AGREEMENT TO THE PRINCIPLES OF UNDERSTANDING made as of this 17th day of April, 2001. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("Municipality") OF THE FIRST PART - and- BLUE CIRCLE CANADA INC. ('Blue Circle") OF THE SECOND PART WHEREAS: A. Paragraph 24 of the Principles of Understanding ("Principles") between the Parties dated November 3, 1997 provides for the Principles to terminate and have no force and effect in the event that any of the conditions referred to in paragraph 1 and paragraph 23 or any of the events listed in paragraph 8(b) of the Principles is not satisfied prior to December 31, 1999 ("Unwinding Date"). B. By the First Amending Agreement to the Principles of Understanding dated December 13, 1999 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from December 31, 1999 to February 29, 2000 on the terms set out therein. C. By the Second Amending Agreement to the Principles of Understanding dated February 21, 2000 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from February 29, 2000 to April 30, 2000 on the terms set out therein. -2- D. By the Third Amending Agreement to the Principles of Understanding dated April 25th,2000 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from April 30, 2000 to a date not later than June 30, 2000 on the terms set out therein. E. By the Fourth Amending Agreement to the Principles of Understanding dated June 26,2000, the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from June 30, 2000 to July 31, 2000 on the terms set out therein. F. By the Fifth Amending Agreement to the Principles of Understanding dated July 10th,2000, the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from July 31,2000 to September 15, 2000. G. The Parties have agreed to further amend the Principles as set out below. NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed,and the sum of two($2.00)dollars of lawful money of Canada,now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. Schedule "J" is amended by: (i) under the heading "Commencement Date", deleting"Spring 2001" and replacing it with "Spring 2002"; (ii) under the heading"Schedule of Work",deleting"Spring 2001" and replacing it with "Spring 2002"; and -3- (iii) under the heading"Completion Date",deleting"Winter 2004"and replacing it with "Winter, 2005. 2. All other terms and conditions of the Principles of Understanding,as amended, shall remain the same and time shall be of the essence. 3. This Sixth Amending Agreement to the Principles of Understanding may be executed in counterpart. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND ) THE CORPORATION OF THE MUNI L TY OF CLARINGTON DELIVERED ) in the presence of ) Mayo 1 Clerk BLUE CIRCLE CANADA INC. Per: Name: Title: Per: Name: Title: R:\HEFFERON\CLARING\BLUECIRC\AGREES\AMEND6.DR1 T . M THIS SIXTH AMENDING AGREEMENT TO THE PRINCIPLES OF UNDERSTANDING made as of this 17th day of April, 2001. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ("Municipality") OF THE FIRST PART - and- BLUE CIRCLE CANADA INC. ('Blue Circle") OF THE SECOND PART WHEREAS: A. Paragraph 24 of the Principles of Understanding ("Principles") between the Parties dated November 3, 1997 provides for the Principles to terminate and have no force and effect in the event that any of the conditions referred to in paragraph 1 and paragraph 23 or any of the events listed in paragraph 8(b) of the Principles is not satisfied prior to December 31, 1999 ("Unwinding Date"). B. By the First Amending Agreement to the Principles of Understanding dated December 13, 1999 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from December 31, 1999 to February 29, 2000 on the terms set out therein. C. By the Second Amending Agreement to the Principles of Understanding dated February 21, 2000 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from February 29, 2000 to April 30, 2000 on the terms set out therein. -2- D. By the Third Amending Agreement to the Principles of Understanding dated April 25th,2000 the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from April 30, 2000 to a date not later than June 30, 2000 on the terms set out therein. E. By the Fourth Amending Agreement to the Principles of Understanding dated June 26,2000, the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from June 30, 2000 to July 31, 2000 on the terms set out therein. F. By the Fifth Amending Agreement to the Principles of Understanding dated July 10th,2000, the Parties amended paragraph 24 of the Principles to extend the Unwinding Date from July 31,2000 to September 15, 2000. G. The Parties have agreed to further amend the Principles as set out below. NOW THEREFORE WITNESSETH THAT in consideration of the premises and the covenants hereinafter expressed,and the sum of two($2.00)dollars of lawful money of Canada,now paid by each Party to the others (the receipt whereof by each Party is hereby acknowledged), the Parties hereto covenant and agree to and with each other as follows: 1. Schedule "J" is amended by: (i) under the heading "Commencement Date", deleting"Spring 2001" and replacing it with "Spring 2002"; (ii) under the heading"Schedule of Work",deleting"Spring 2001" and replacing it with "Spring 2002"; and -3- (iii) under the heading"Completion Date",deleting"Winter 2004"and replacing it with "Winter, 2005. 2. All other terms and conditions of the Principles of Understanding,as amended,shall remain the same and time shall be of the essence. 3. This Sixth Amending Agreement to the Principles of Understanding may be executed in counterpart. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written and the Parties hereto have hereunto affixed their corporate seals by the hands of their proper officers duly authorized in that behalf. SIGNED, SEALED AND ) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON DELIVERED ) in the presence of ) Mayor ) Clerl/,/ BLUE CIRCLE CANADA INC. Per: Name: Title: Per: Name: Title: R:\HEFTERON\CLARNG\BLUECIRC\AGREES\AMEND6.DR 1