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2007-11-19_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaire City of Saint John Common Council Meeting Monday, November 19,2007 Supplemental Agenda Re : 5.14 Replacement of page 1 of Contract 225 Prince William Street City of Saint John Seance du conseil communal Le lundi 19 November 2007 l'ordre du jour supplementaire Alim~a 5.14 Remplacement de la premiere page du contrat relatif a la rue 225 Prince William rJ' I / Lynda D. Farrell Direct Line: 506.658.4096 Fax No.: 506.649.7939 Email: lynda.farrell@saintjohn.ca City Solicitor's Office ,..) Bureau de l'avocat municipal \ ! \ www.saintjohn.ca P.O. Box/C.P. 1971 Saint John, NB/N.-B. Canada E2L 4L1 r,\ , The City of Saint John November 19, 2007 Elizabeth A. Gormley Assistant Common Clerk 8th Floor, City Hall Dear Elizabeth: Re: Agenda Item 5.14 Ellerdale Properties Ltd. - 225 Prince William Street Please substitute the attached "revised" first page of the contract document referred to in Item 5.14 on the Agenda for tonight's Common Council Meeting. Yours truly, 4^'~ Lynda D. Farrell Solicitor Attachment "Substitute 1st paf!e of Contract attached to Item 5.14 (225 Prince William Street)" THIS AGREEMENT made this day of November, 2007. BY AND BETWEEN: THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter the "City" OF THE FIRST PART - and - ELLERDALE PROPERTIES L TD, hereinafter the "Company" OF THE SECOND PART WHEREAS the City is the owner oflands designated by Service New Brunswick as PID 00006676 (the "Lands"); and WHEREAS the Company seeks access to the Lands to carry out inspections, surveys and testing; and WHEREAS by resolution adopted at a meeting of the Common Council of the City of Saint John held November 19,2007 gives to the Company access to the Lands to carry out inspections, surveys and testing upon such terms and conditions as are hereinafter set out; 1. The Company, by its authorized representatives, with such equipment as may be necessary has a right of access to, in and upon the Lands at any time provided such right is exercised with as little disturbance as possible to the City and does not unduly interfere with the City's use of the Lands at such times and for such purposes hereinafter set out: a) the right of access is to allow the Company to carry out such inspections, surveys, testings and environmental audits as the Company shall deem necessary; b) the right of access to, in and upon the Lands shall terminate at 11 :59 p.m. local time on the 30th day of June, 2008;