HomeMy WebLinkAboutKIN 92 001 Agree-Acme Tire Rec
THE CORPORATION OF THE TOWN OF KINCARDINE
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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.
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Mayor ~
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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.
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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
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