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HomeMy WebLinkAboutKIN 92 001 Agree-Acme Tire Rec THE CORPORATION OF THE TOWN OF KINCARDINE . BY-LAW BY-LAW NO. 1992-01 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH ACME TIRE RECYCLING, A DIVISION OF ACME WASTE MANAGEMENT SERVICES INC. TO HAUL AND DISPOSE OF USED TIRES FROM THE VALENTINE AVENUE WASTE DISPOSAL AREA. WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into an Agreement with Acme Tire Recycling, A Division of Acme Waste Management Services Incj NOW THEREFORE the Council for The Corporation of the Town of Kincardine ENACTS as follows: 1. That The Corporation of the Town of Kincardine enter into an agreement with Acme Tire Recycling, A Division of Acme Waste Management Services Inc. to haul and dispose of all used tires from the Town's Valentine Avenue waste disposal area. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with Acme Tire Recycling, A Division of Acme Waste Management Services Inc. which is attached to this by-law, and to affix the Town's Corporate seal as and when required. 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Acme Tire Recycling Agreement By-law". READ a FIRST and SECOND time this 19th day of December, 1991. READ a THIRD time and FINALLY PASSED this 2nd day of January, 1992. .~~ Mayor ~ . Ie THIS AGREEMENT made in triplicate this 2nd day of January, 1992. BETWEEN: ACME WASTE MANAGEMENT SERVICES INC. carrying on business under the firm name and style of "Acme Tire Recycling. hereinafter called "ATR" of the First Part, -and- THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" of the Second Part. WHEREAS ATR has agreed with the Town to haul and dispose of all used tires, as hereinafter defined, from the Town's Valentine Ave. waste disposal area, during the term of this Agreement and upon payment of the sum and upon the conditions hereinafter set forth. NOW THEREFORE THIS consideration of the covenants hereinafter as follows: WITNESSETH THAT in mutual promises and parties hereby agree AGREEMENT premises and contained, the 1. The term "per lift" shall mean each twenty (20 lb.) pounds of tires. 2. All containers to be supplied by ATR at their expense except as noted below. 3. This agreement shall be in force from the date of execution until December 31, 1992 provided that, at any time during the said term, either party may cancel the agreement by delivering upon the party of the other part by first class postage, notice of cancellation with 30 days notice. 4. ATR shall pick up tires collected in the container only during the regular operating hours of the Town's landfill site as posted. 5. The Town shall pay to ATR, during the said term of this Agr~em~nt, the sum of $1.85 per lift plus applicable . -'faxes 'Plus ·c·a one...ttme deposit of $200 which shall be refunded to the Town if, during the term of this Agreement, ATR picks up 600 lifts of tires. Such refund shall be made by ATR to the Town by January 31, 1993. 6. ATR shall carry liability insurance coverage of at least two million ($2,000,000) dollars and shall be fully responsible for their actions under normal operating conditions and shall at all times indemnify and save harmless the Town from all loss, costs or damages resulting from their activities, and will be required to provide a certificate of insurance to the reasonable satisfaction of the Town. ~ .. ./2 . . ...~. - . . Landfill Site Tire Container Agreement Page 2 7. ATR shall provide to the Town a copy of the appropriate Ontario Ministry of the Environment license. 8. In the event of default of either party hereto in any of the payments or covenants herein contained, then the other party shall be entitled to give written notice of such default stating that if such default is not remedied within thirty (30) days of the giving of such notice, this agreement shall terminate without further notice. 9. Any notice to be given to ATR hereunder shall be in writing and may be delivered personally or by first class mail postage prepaid to: 380 Albert street, strathroy, ontario. N7G 1W7 10. Any notice to be given to the Town hereunder shall be in writing and may be delivered personally or by mailing by first class mail postage prepaid to: The Corporation of the Town of Kincardine, 707 Queen street, Kincardine, ontario. N2Z 1Z9. Any notice if mailed shall be deemed to have been given or made on any next business day following the day on which it was mailed. 11. This Agreement shall enure to the benefit of and be binding upon the respective parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF the parties have hereunto set their corporate seals attested to by their duly authorized officers . SIGNED, SEALED AND DELIVERED in the .presence of "_.-;///~-"/"'- ~~.,.~;S~:~~#~~.~~ / --~---_ ,,\-~. ~ ~ "'" ~ \~~..~.-..... ". ~" .~ , - -. , ., THE CORPORATION OF ~¡m."'" OF KIN~Ì4fE:. .:"'/, " _:=-_..-_.~~ ~;~~~:%\ - ...\,.::. .. - :w;": == .- - ~~ ::¿ ~ -.~ ~~ .....""1 ~ , - -" -_:~:~~~ ,,-~ ,', a~·.._ " /,.' _.,.~,:~.,.~..:":,",,.~~\''' ~