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HomeMy WebLinkAboutKIN 78 4150 PL agreement . . . . THE CORPORATION OF THE TOWN OF KINCARD~E BY-LAW NO. 4150 i A By-law authorizing the Corporation ofj the Town of Kincardine to enter into an Agreement with Her Majesty the Queen i~ Right of Ontario as represented by the , Ministry of Housing. . WHEREAS the Municipality has carried out studi~s to determine the need for redevelopment in the municipality,i and has selected and designated an area as a redevelopment area:¡ AND WHEREAS the Municiplaity, having made an a~plication to the Minister for financial assistance in preparing ia redevelopment plan for the area, the Minister, subject to th~ terms of an agreement and subject to the approval of the L~eutenant Governor in Council, has agreed to contribute twenty-fi~e percent (25%) of the cost of the preparation of such redevel~pment Plan pursuant to Section 24 of The Planning Act; AND WHEREAS under an Agreement entered into by ¡the Minister and Central Mortgage and Housing Corporation under !date of September 13, 1977, as comptemplated by Part 111.1 of th~ National Housing Act, the Municipality eligible to receive cont~ibutions and loans from Central Mortgage and Housing Corporation ~pecified in the aforementioned Part 111.1; i 1. The Corporation of the Town of Kincar~ine is hereby i authorized to enter into an agreement ,in the form ! annexed hereto as Schedule A, with He~ Majesty the Queen in Right of Ontario as represen~ed by the Minister of Housing. . The Mayor and the Clerk be and they a~e hereby I authorized to execute the said agreem~t, a copy of which is attached hereto, as Sched~e A, and any other documents necessary to carr~ out the intention of the parties. : 2. READ a FIRST and SECOND time this 18th day ¡of Mav , 1978 . ~ - ~ C?µ,:. yo ít~~ -c er ¡ , READ a THIRD time and FINALLY PASSED this - 18 h day of- May:.,.!> ,1978. :':;'-, /' .-' - ~4~_~ YOI1 ,/ . ;;:-- ~ '. " ! . . . . . ., . Kincardine "incaxdine. Town of " eement. 'Planning Agr t Area edevelopmen '~outh R t made in This Agreemen . 9th day 0 duplicate thlS MaY A.D. 1978., BET WEE N: HER MAJESTY THE QUEEN IN RIGHT represente by the Minister ~ (hereinaftp.r called "the Mim.s F ONTARIO ousing er") OF THE FIRST PART and THE CORPORATION OF THE TOWN OF KINCARDINE cipa ity") OF THE SECOND P RT WHEREAS the Municipality has carried out studies to determine the need for redevelopment in the Municipality, and has selected and designated an area as a redevelopment area (which area is shown outlined in r d on the plan attached hereto and is hereinafter ref rred to as "the area") , AND WHEREAS the Municipality, having ade application to \ the Minister for financial assistance in preparing a redevelopment plan for the area, the inister, subject to the terms of this Agreement and subj ct to the approval of the Lieutenant Governor in Council, as agreed to contribute twenty-five percent (25%) of th~ cost of the preparation of such redevelopment p an (hereinafter referred to as "the Redevelopment Plan") pur uant,to Section 24 of The Planning Act, ~ c:-:--~'- -----...,- ~-::~~~ ~ I' \ . . . I. , . - 2 - AND WHEREAS under an Agreement (hereinafter referre to as "the Enabling Agreement") entered into by the Minis er and Central Mortgage and Housing Corporation (hereinaft r referred to as CMHC), under date of Sept. 13,1977, s contemplated by Part 111.1 of the National Housing ct, the Municipality has been selected as a municipalit eligible to receive contributions and loans from CM C for the purposes specified in the aforementioned Part I I.I, NOW THEREFORE THIS AGREEtŒNT WITNESSETH THAT, in con idera- tion of the mutual covenants hereinafter contained, he parties hereto do covenant and agree each with the 0 her as follows: 1. The Municipality will prepare the Redevelopment Ian in accordance with the application made by the Muni ipality to the Minister and as approved by him subsequen to the execution of this Agreement and it is estimated at such plan will be prepared by the month of August , 1978. 2. The Province of Ontario will pay to the Municipal"ty twenty-five percent (25%) of the cost of preparin the Redevelopment Plan which cost is estimated at $20 000.00 but in no event will the provincial payment excee $5,000.00. 3. (l) Payment of ,the provincial share of the cost eferred to in clause 2, and payment over to the Municipality of the funds provided by CMHC in respect of s ch cost, including the paymcnt of any advance [u ds to the Municipality, shall be made in accordance with, (a) the procedures contained in a brochure e titled "Neighbourhood Improvement Program- Admi istra- tion Guide" (hereinafter referred to as he "Guide) issued by the Ministry of Housin "~~~-':.;¿~~ -~I/ifI"> , · · · · " ,\: c . - 3 - under date of March, 1978 (b) the provisions of the Enabling Agreern nt; and (c) the information provided in the Munic·pality's application as approved by the Minist r. (2) The Municipality hereby acknowledges having received a copy of the Guide and a copy of the Enabl'ng Agreemen t. 4. (l) The Municipality agrees to adhere to the pr visions of the Guide and Enabling Agreement and mor particularly agrees to do all such things a may be required to enable the Minister to comply terms and conditions of the including, without limiting the generality of the foregoing, the provision of such data, vouch rs, : documents, information, statements, records nd accounts as the Minister may require. The Municipality agrees to retain and preserve a I documents, vouchers, records and accounts th t relate to the work done under this agreement for a period of seven (7) years from their date of processing. (2) The Municipality agrees to permit access to s ch of its records and accounts as are relevant to t e work done under this agreement by duly author'zed representatives of the Minister or of CMHC. (3) The Municipality further agrees that any cont act entered into in respect of the work done unde this agreement will be as a consequence of a publi tender unless the Minister in writing waives he requirement of a public tender. ~¿--:--,:.~~ _. ,. "-,,-"~+r~- ~ ~ . . . . . ! ~ 4- 5. The Minister may print.. publish or otherwis reproduce in whole or in part any report, 'p an, document, or other material prepared pursua this agreement, or distribute any of the sa to any person, persons, corporations, firms or associations, or otherwise use same in any m which the Minister may, in his absolute disc etion determine. IN WITNESS WHEREOF this Agreement has been executed y the parties hereto. : HER I1AJESTY THE QUEEN IN RIGHT OF ONTA~I represented by the M~n~ster of Hous~ng THE CORPORATION OF THE TOWN OF KINCARDIN ,,,"'.............:,...;.,"'../.../ - "'.' ..' , ...-'- .::.: - -J...../ /",----=.- , ,---"" 'l.ÿ- .~ ..', -'.';:"-:::" ......... - . ~ ~- 0~ .... :. --/..... -::-= 2Z_~ :.=::::: '-~ --- -,-'- ~: ;::-........:::- ::-,~ ,'::/.~ "'-" - - " ;/¡-k .:::.. -..",,,~ .': ,v~.. ~~....._..._-- r' - ~.. :\<). .,' 4J( ?1/t...~ , Clerk '¡.. ;~, <~:~ -~ ~.tì.'~ , ~.; .---' ,.,'"