HomeMy WebLinkAboutCOD-043-04
REPORT 1/9
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REPORT
CORPORATE SERVICES DEPARTMENT
Meeting:
COUNCIL
Date: June 28th, 2004
Report #: COD-043-04
File#_
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By-law #
Subject:
Canadian Waste Services Inc, 2nd Lease Amending Agreement
Recommendations:
It is respectfully recommended to Council the following:
1. THAT Report COD-043-04 be received;
2. THAT the 2nd lease amending agreement with Canadian Waste Services Inc. be
approved; and
3. THAT the attached By-law marked Schedule "A" authorizing the Mayor and the Clerk to
execute the necessary agreement be approved.
Submitted by:
~
arie Marano, H.B.Sc., C.M.O.
Director of Corporate Services
Reviewed bY:()~~ ,
Franklin Wu,
Chief Administrative Officer
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Fre rick Horvath, RDMR, RRFA,
Director of Operations
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REPORT NO.: COD-043~4
PAGE 2
BACKGROUND AND COMMENT
The Municipality of Clarington entered into a lease agreement with Canadian Waste Services
Inc. January 2, 1998 which was amended February 25, 2002.
The second lease amending agreement provides for the following changes:
1) Term to expire amended from January 1, 2004 to December 31,2004, with further
option to extend up to March 31, 2005, pending 90 days advance written
notification.
2) Tenant to be responsible for cost of structural repairs to and upgrading of the dome
components damaged by vehicles or by deterioration, forthwith after written notice,
including cost of consultant to prepare drawings and specifications.
3) Tenant shall pay to Landlord an amount which shall not exceed 40% of the
reasonable costs of re-shingling the dome forthwith after notice. Funds have been
provided for in the Operations Department's 2004 Capital Budget.
4) Tenant is responsible for the inspection of site conditions at the end of the lease.
Canadian Waste Services Inc. is in the process of relocating to the Courtice site.
The municipality's solicitor and the Director of Operations are 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)623-4169
~
Schedule "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2004-
Being a By-law to authorize a second lease amending
agreement between the Corporation of the Municipality of
Clarington and Canadian Waste Services Inc.
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
second lease amending agreement between Canadian Waste Services Inc. and
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 day of
,2004.
By-law read a third time and finally passed this
day of
,2004.
John Mutton, Mayor
Patti L. Barrie, Municipal Clerk
THIS SECOND LEASE AMENDING AGREEMENT made as ofthe 28th day of June,
2004.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF
CLARINGTON
(hereinafter called the "Landlord")
OF THE FIRST PART
-and-
CANADIAN WASTE SERVICES INC.
(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. 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 Second Amending Agreement.
D. The execution ofthe Second Lease Amending Agreement by the Mayor and the
Municipal Clerk of the Landlord on behalf ofthe Landlord is authorized by By-law No. 2004-
_ passed by the Landlord's Council on June 28,2004.
-.
-2-
NOW THEREFORE THIS SECOND 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
may give written notice to the Landlord ninety (90) days in advance of December
31, 2004 to extend the lease up to no later than March 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. Paragraph 14 ofthe Lease As Amended is amended by renumbering paragraph 14 to be
paragraph 14(a) and by adding a new paragraphs 14(b), 14(c) and 14(d) as follows:
"14(b) Notwithstanding any other provision of the Lease As Amended except for and
without derogating from paragraph 14(a), prior to the termination ofthe Term,
after first giving twenty-four (24) hours written notice to the Tenant of its
intention to do so, the Landlord and its consultants may enter on the Premises for
the purpose of undertaking an examination of the structure ofthe Premises at the
expense of the Tenant. Prior to the termination of the Term, at the expense of the
Tenant the Landlord will cause to be prepared drawings and specifications of the
structural repairs including without limitation the repair and strengthening ofthe
canopies of the customer drop-off and the compactor which are recommended by
its consultant, and shall give a copy of the drawings and specifications and any
written report thereon prepared by the Landlord's consultant, to the Tenant. The
Tenant agrees to reimburse the Landlord for its reasonable costs of investigating
the structure ofthe Premises, preparing the aforesaid drawings and specifications
and consultant's report, and effecting the structural repairs identified by the
Landlord's consultant and shown on the aforesaid drawings and specifications,
forthwith after written notice requiring payment is given by the Landlord to the
Tenant.
(c) Without derogating from paragraphs 14(a) and 14(b), the Tenant acknowledges
and agrees that it is exclusively responsible for and shall reimburse the Landlord
for the cost of structural repairs to and the upgrading of the dome components
damaged by vehicles or by deterioration forthwith after written notice requiring
payment is given by the Landlord to the Tenant.
(d) The Tenant shall also pay to the Landlord an amount which shall not exceed forty
(40%) per cent of the reasonable costs to the Landlord ofreshinglingthe dome
forthwith after written notice requiring payment is given by the Landlord to the
Tenant."
,
"
- 3 -
3.
All covenants and conditions contained in the Lease As Amended as further amended by
this Second Lease Amending Agreement continue in full force and effect, and time shall
continue to be of its essence.
4.
This Second 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.
CANADIAN WASTE SERVICES INC.
By:
Name:
Title:
By:
Name:
Title:
We have authority to bind the corporation.