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HomeMy WebLinkAboutCOD-043-04 REPORT 1/9 Cl~-!!Jgton REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: June 28th, 2004 Report #: COD-043-04 File#_ /1 k{'~; (:- :"S5-c"-{ 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 M~~~ r-'- r^<" \~"'.t'lI Fre rick Horvath, RDMR, RRFA, Director of Operations MM\FH\LAB\km 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.