HomeMy WebLinkAbout23 029 Knox Presbyterian Church Agreement Amendment (1) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2023 - 029
Being a By-law to Authorize Amend an Agreement with
the Board of Managers of the Tiverton Knox Presbyterian Church
Whereas pursuant to the said Municipal Act, 2001, Section 8 (1) and 9 provide that the
powers of a municipality under this or any other Act shall be interpreted broadly so as to
confer broad authority on the municipality to enable the municipality to govern its affairs
as it considers appropriate and to enhance the municipality’s ability to respond to
municipal issues and has the capacity, rights, powers and privileges of a natural person
for the purpose of exercising its authority under this or any other Act; and
Whereas the former Village of Tiverton entered into an Agreement with the Board of
Managers of the Tiverton Knox Presbyterian Church on June 24, 1975, to allow portion
of the land located between the Whitney Crawford Community Centre and the Church to
be used as a parking area for both parties, for the term of fifty years, computed from the
24th day of June, 1975 and ending on the 24th day of June, 2025; and
Whereas The Corporation of the Municipality of Kincardine is the owner of the land now
known as Part 4 of 3R-2317, Municipality of Kincardine; and
Whereas the Board of Managers of the Tiverton Knox Presbyterian Church wishes to
amend this Agreement, to allow the Church to have the first right of refusal for
purchasing Part 4, 3R-2317, if the Municipality sells the land prior to the end of the
Agreement; and
Whereas The Corporation of the Municipality of Kincardine confirms that if the sale of
the Whitney Crawford Community Centre land were to occur, Council would exempt the
Tiverton Knox Presbyterian Church from the Disposition of Land By-law No. 2008 – 141
to purchase Part 4 of Plan 3R-2317; and
Whereas The Council of The Corporation of the Municipality of Kincardine deems it
appropriate to amend the Agreement; now therefore be it
Resolved that the Council of The Corporation of the Municipality of Kincardine
ENACTS as follows:
1. That the Agreement with the Board of Managers of the Tiverton Knox
Presbyterian Church be amended to allow the Church First Right of Refusal for
purchasing Part 4 3R-2317 should the Municipality sell the land, and be exempt
from the Disposition of Land By-law No. 2008-141.
2. That Schedule “A” attached hereto is the original Agreement, signed on June
24th, 1975.
3. That the Mayor and Chief Administrative Officer be authorized to sign and
execute, on behalf of The Corporation of the Municipality of Kincardine, the
Amending Agreement attached to this By-law as Schedule “B”.
4. This By-law shall come into full force and effect upon its final passage.
5. This By-law may be cited as the “Knox Presbyterian Church Agreement
Amendment (1) By-law”.
Read a First and Second Time this 22nd day of February 22nd, 2023.
Read a Third Time and Finally Passed this 22nd day of February, 2023.
Deputy Mayor Deputy Clerk
Schedule ‘A’
To By-law 2023 - 029
Schedule `B'
To By-law 2023 - 029
AMENDING AGREEMENT
This Amending Agreement dated the 22nd day of February, 2023.
BETWEEN
The Corporation of the Municipality of Kincardine
Hereinafter called Party "A"
and
The Board of Managers of the Tiverton Knox Presbyterian Church
Hereinafter called Party "B"
Whereas the former Village of Tiverton entered into an Agreement with the Board of
Managers of the Tiverton Knox Presbyterian Church on June 24, 1975, to allow portion
of the land located between the Whitney Crawford Community Centre and the Church to
be used as a parking area for both parties, for the term of fifty years, computed from the
24t" day of June, 1975 and ending on the 24t" day of June, 2025; and
Whereas The Council of The Corporation of the Municipality of Kincardine deems it
appropriate to amend the Agreement;
Now Therefore the following section to be added to the Agreement with the Board of
Mangers of the Tiverton Knox Presbyterian Church as follows:
That Party "A" covenants with Party "B" and Party "B" covenants with Party "A"
That Party "A" permits Party "B" to have the first right of refusal for purchasing Part
4 3R 2317, if Party "A" was to declare Part 4 of Plan 3R-2317 surplus during the
term of the Agreement.
The Amending Agreement expires on the date of the original Agreement expires, being
the 24t" day of June, 2025.
Party "B" Party "A"
The Board of Managers of the Tiverton Knox The Corporation of the Municipality of
Presbyterian Church Kincardine
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Andrea Clarke, Deputy Mayor
Jillene Bellchamber-Glazier
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Jillene Bellchamber-Glazier, CAO
We have authority to bind the Corporation We have authority to bind the Corporation