HomeMy WebLinkAbout02 048 agree SCTP SuperBuild
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TIlE CORPORATION OF TIlE MUNICIPALITY OF KlNC4DINE
BY-LAW
NO. 2002 - 48
A BY·LAW TO AUTHORIZE THE SIGNIN OF
AN AGREEMENT WITH HER MAJESTY THE QUEE IN RIGHT OF
ONTARIO REPRESENTED BY THE MINISTER 0 TOURISM,
CULTURE AND RECREATION (SUPERBUILD SPO TS, CULTURE
AND TOURISM PARTNERSHIPS INFRASTRUCTU INITIATIVE)
WHEREAS the Council for The Municipality of Kincardine dee s it advisable to
enter into an Agreement with Her Majesty the Queen in Ri ht of Ontario as
represented by the Minister of Tourism, Culture and Recreat n as part of its
participation in the Ontario SuperBuild Corporation's new Sp rts, Culture and
Tourism Partnerships (SCTP) Infrastructure initiative;
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AND WHEREAS the Minister of Tourism, Culture and Recreatiþn is prepared to
provide to the Corporation of the Municipality of Kincardine finanFial assistance in
the sum of $179,550.00 under the SuperBuild SCTP Infrastructure initiative;
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NOW THEREFORE the Council for The Corporation of th, Municipality of
Kincardine ENACTS as follows: I
1. That the Corporation of the Municipality of Kincardine enter i to an agreement
with Her Majesty the Queen in Right of Ontario as represent d by the Minister
of Tourism, Culture and Recreation.
2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation
of the Municipality of Kincardine, the Agreement with Her M ~esty the Queen
in Right of .Ontario as represented by the Minister of Tou sm, Culture and
Recreation, attached to this by-law as Schedule "A" and to a IX the corporate
seal as and when required.
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3. This By-law shall come into full force and effect upon its final passage.
4. This By-law may be cited as the "SuperBuild Infrastructure Agreement By-
law".
READ a FIRST, SECOND and THIRD time and DEEMED TO E PASSED this
24th day of April, 2002.
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[Final Version: December S, 200])
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ONTARIO'S SPORTS, CULTURE AND TOURISM J;'ARTNERSHIPS INITIATIVE
Round I
FUNDING AGREEMENT FOR INFRÁSTRUCTÜ:R£P~OJECTS
Ministry of Tourism, Culture and Recreation File Number: . 200 IISHCOO22 .
THIS AGREEMENT made in triplicate as of the :l ~ ~ay of ry t~
BETWEEN:
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HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minister of Tourism, Culture and Recreation
referred to herein as the "Ministry"
AND:
. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
referred to herein as the "Recipient"
WHEREAS the Government of Ontario through its Ontario SuperBuild Corporation ("SuperBuild") is investing in
Ontario's infrastructure;
AND WHEREAS the purpose of Super Build's new Sports, Culture and Tourism Partnerships initiative (the "SCTP
Initiative") is to build, renew, enhance, improve and expand municipally-owned or endorsed local sport, recreation,
culture and tourism facilities across the Province of Ontario and major cultural and tourist attractions owned by
provincial agencies and not-for-profit organizations;
AND WHEREAS SuperBuild's objectives for the SCTP Initiative include encouraging local and regional economic
development, improving the condition and quality of local sport, recreation, cultural and tourism facilities,
improving the quality and market position of Ontario's major cultural and tourist attractions, finding new and better
ways to finance and deliver infrastructure, inc1¡¡ding greater use of public-private initiatives and improving
infrastructure planning and management;
AND WHEREAS the purpose of the Canada-Ontario Infrastructure Program is to improve urban and rural
municipal infrastructure in Canada and Ontario through investments that enhance the quality of Canada's
environment, support long-term economic growth, improve community infrastructure and build 21 a century
infrastructure through best technologies, new approaches and best practices;
AND WHEREAS the SCTP Initiative is being administered by the Ministry;
AND WHEREAS the Recipient has made an application for financial assistance for the Project hereinafter defmed
which has been accepted for fmancial assistance by the Ministry;
AND WHEREAS this Agreement defines the terms and conditions of a financial contribution to assist with the
Project.
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NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good
and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties covenant and
agree as follows:
This Agreement, including:
Schedule nA"_
Schedule "B" -
Schedule "C" -
Schedule "D"-
Schedule "E" -
Schedule "F"-
Schedule "G"-
Schedule "H"-
Schedule "1"-
Schedule "J"-
Schedule "K"·
General Terms and Conditions
Description of the Project
Budget
Project Schedule
Financial Assistance
Other Funding
Federal Requirements
Additional Provisions
Form of Certificate of Title
Form ofLegal Opinion
Communications Requirements
constitutes the entire agreement between the parties with respect to the subject matter contained in this Agreement
and supersedes all prior oral or written representations and agreements,
IN WITNESS WHEREOF, the Ministry and the Recipienthave respectively executed and delivered this
Agreement as of the date set out above.
HER MAJESTY THE QUEEN IN RIGHT
OF ONTARIO as represented by the Minister
of Tourism and RecreationlMinister of Culture
by:
N~¿~
Title: Director, Acting
Investment and Development Officer
Authorized Signing Officer
. THE CORPORATION OF THE MUNICIPALITY OF
KINCARDINE
by:
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Name:
Title: M or
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Nãiï;¡(: John deRosenroll
Title: Chief Administrative Officer
¡¡we have authority to bind the Recipient
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SCHEDULE " A"
GENERAL TERMS AND CONDITIONS
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ARTICLE I
DEFINITIONS AND INTERPRETATION
I. Definitions. When used in this Agreement (including the cover and execution pages and all of
the schedules), the following tenns shall have the meanings ascribed to them below unless there
is something in the subject matter or context inconsistent therewith: ..
(a) "90% of Maximum Financial Assistance" has the meaning set out in Schedule "E" hereto,
(b) "Adjust the Financial Assistance" means adjust the amount of the Financial Assistance on
the Project or the amount of financial assistance for any other project(s) of the Recipient
under any round of the SCTP Initiative, or any other provincial program(s) (either current or
future), and/or require repayment of some or all of the Financial Assistance of the Project in
an amount to be detennined by the Ministry and within the period specified by the Ministry,
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(c) "Agreement" means this agreement, including the cover and execution pages and all of the
schedules hereto, and all amendments made hereto in accordance with the provisions hereof.
(d) "Allowable Financial Assistance" has the meaning given to it in Section 43.
(e) "Alternative Funds" has the meaning given to it in Schedule "F" hereto.
(f) "Budget" means the Project budget set out in Schedule "C" hereto,
(g) "Business Day" means any day on which Government of Ontario offices generally are open
for business in the Province of Ontario.
(h) "Communications Requirements" means the communications requirements set out in
Schedule "K" hereto, or as directed by the Ministry from time to time,
(i) "Consultant" means any consultant, engineer, contractor, project manager, architect or other
service provider, as the case may be, retained by the Recipient to undertake any part of the
work related to the Project.
G) "Crown Agency" means a crown agency as defined in the Crown Agency Act (Ontario),
· (k) "Eligible Cost" has the meaning given to it in Section 8.
(I) "End of Financial Assistance Date" means March 31, 2007,
(m)"Environmental Contaminant" means any hazardous or toxic substance or material
including, without limitation, products of waste, contaminants, pollutants, dangerous
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substances, noxious substances, toxic substances, hazardous wastes and flammable, explosive
or improperly handled friable materials,
(n) "Environmental Laws" means all applicable federal, provincial or municipal laws,
regulations, by-laws, orders, rules, policies or guidelines respecting the protection of the
natural environment, public or occupational health or safety, and the manufacture,
importation, handling, transportation, storage, disposal and treatment of Environmental
Contaminants and include, without limitation, the Environmental Protection Act (Ontario),
the Ontario Water Resources Act, the Environmental Assessment Act (Ontario), the Canadian
Environmental Protection Act 1999. the Canadian Environmental Assessment Act, the
Fisheries Act (Canada) and the Navigable Waters Protection Act (Canada).
(0) "Event of Default" has the meaning given to it in Section 65,
(p) "Expiration Date" means March 31, 2007.
(q) "Facility" means any fixed capital asset constructed or improved for which Financial
Assistance is provided pursuant to this Agreement.
(r) "Federal Maximum Financial Assistance" has the meaning set out in Schedule "E" hereto.
· (s) "Federal Share" has the meaning set out in Schedule "E" hereto,
(t) "Final Reporf' has the meaning given to it in Section 39.
(u) "Final Report Date" means October 31, 2006.
(v) "Financial Assistance" means the funds to be advanced by the Ministry to the Recipient
pursuant to this Agreement.
(w) "First Nation" means a band as defined in the Indian Act (Canada),
(x) "Generally Accepted Accounting Principles" means Canadian Generally Accepted
Accounting Principles as adopted by the Canadian Institute of Chartered Accountants
applicable as at the date on which such calculation is made or required to be made in
accordance with Generally Accepted Accounting Principles.
(y) "Licensed Marks" has the meaning given to it in Section 58 of Schedule "A" and Section 7
of Schedule "G" (where applicable).
· (z) "Mandatory Other Funds" means 95% of the Total Other Funds.
(aa)"Maximum Financial Assistance" has the meaning set out in Schedule "E" hereto.
(bb) "Ministry" has the meaning given to it on the first page of this Agreement.
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(cc)"Municipality" means a municipality as defined in the Planning Act (Ontario) and also
includes local services boards as defined in the Northern Services Boards Act (Ontario) and
other appropriate local authorities in unorganized areas.
(dd) "Ontario Maximum Financial Assistance" has the meaning set out in Schedule "E"
hereto,
(ee)"Ontario Share" has the meaning set out in Schedule "E" hereto.
(ff) "Other Funds" means the funding set out in Schedule "F" hereto.
(gg) "Payment Certifier" means a payment certifier as defined in the Construction Lien Act
(Ontario).
(hh) "Procurement Policies" means the Ontario Government policies and directives in effect
from time to time respecting the procurement of equipment, services and supplies, including
construction, applicable to Ontario Government ministries and Crown Agencies and the
Broader Public Sector (as defined from time to time in the procurement policies).
(ii) "Progress Report" has the meaning given to it in Section 38.
. OJ) "Project" means the project described in Schedule "B" hereto.
(kk) "Project Schedule" means the schedule set out in Schedule "D" hereto.
(11) "Recipienf' has the meaning given to it on the first page of this Agreement.
(mm)"Reserve Lands" means a reserve as defined in the Indian Act (Canada).
(nn) "SCTP Initiative" has the meaning given to it on the first page of this Agreement.
(00) "Senior Government Share" has the meaning set out in Schedule "E" hereto.
(pp) "Substantially Performed" has the meaning set out in and shall be determined in
accordance with subsection 2(1) of the Construction Lien Act (Ontario).
(qq) "SuperBuild" has the meaning given to it on the first page of this Agreement.
(IT) "Total Eligible Costs" has the meaning set out in Schedule "E" hereto.
. (ss) "Total Other Funds" has the meaning set out in Schedule "F" hereto.
(tt) "Trade Agreements" means the Agreement on Internal Trade and the Agreement on the
Opening of Public Procurement for Ontario and Quebec, and all amendments to those
agreements.
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2. Herein, etc. The words "herein", "hereof' and "hereunder" and other words of similar import
refer to this Agreement as a whole and not to any particular schedule, article, section, paragraph
or other subdivision of this Agreement.
3. Currency. Any reference to currency is to Canadian currency and any amount advanced, paid or
calculated is to be advanced, paid or calculated in Canadian currency.
4. Statutes. Any reference to a statute is to such statute and to the regulations made pursuant to
such statute as such statute and regulations may at any time be amended or modified and in effect
and to any statute or regulations that may be passed that have the effect of supplementing or
superseding such statute or regulations.
5. Gender, singular, etc. Words importing the masculine gender include the feminine or neuter
gender and words in the singular include the plural, and vice versa.
ARTICLE ß
TERM OF AGREEMENT
6. Term. Subject to any extension or tennination of this Agreement or the survival of any of the
provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall be
in effect from the date set out on the first page of this Agreement, up to and including the
. Expiration Date,
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7, End of Financial Assistance Date. Notwithstanding anything else in this Agreement and no
matter what the state of completion of the Project, the Ministry shall not be obligated to provide
Financial Assistance under this Agreement after the End of Financial Assistance Date.
ARTICLE m
ELIGffiLE COSTS
8, Eligible Costs. In order for a cost or expenditure to be eligible for Financial Assistance (an
"Eligible Cost") pursuant to this Agreement. the cost or expenditure must:
(a) be reasonable;
(b) be directly related to the Project;
(c) be specifically identified in the Budget;
(d) be a cost or expenditure that would not otherwise have been incurred by the Recipient;
(e) have been incurred after April 12, 2001 and no later than March 31, 2006; and
(f) be an actual cash outlay to third parties acting at ann's length that can be documented
through paid invoices or receipts,
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9. Retention of Receipts. The Recipient shall retain all evidence (such as invoices, receipts, etc.) of
payment related to Eligible Costs and such supporting documentation must be made available to
· the Ministry when requested and maintained by the Recipient for audit purposes.
10. Possible Eligible Costs. Without limitation and provided that the criteria of Section 8 above are
met, Eligible Costs include the following:
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(a) capital,costs (as defined by Generally Accepted Accounting Principles) of acquiring,
constructing or renovating a fixed capital asset, including all applicable taxes but excluding
any tax rebates for which the Recipient is eligible and except a specifically excluded by
Section 11 below;
(b) project planning and management costs;
(c) professional fees of ann's length consultants (including, but not limited to, design,
engineering and legal);
(d) transportation and delivery costs;
(e) installation and renovation costs;
(f) specialized training costs (e.g. training on new equipment);
(g) architectural, engineering and heritage studies related to the Project;
(h) risk assessment and technical studies;
(i) environmental site assessments;
G) communications costs insofar as they relate to the Communications Requirements and only to
the extent allowed by the Communications Requirements;
(k) official opening ceremony costs insofar as they relate to the Communications Requirements
and only to the extent aUowed by the Communications Requirements;
(I) off-site services costs as they may be approved by the Ministry and provided that they are
necessary for the Project's completion, are reasonable in nature and in distance and are for
the Project's principal use;
(m) the cost of insurance required pursuant to this Agreement; and
(n) special purpose equipment necessary for the operation of the Facility and of a type and nature
ordinarily capitalized.
11. Ineligible Costs. Notwithstanding anything else contained herein, the following costs and
expenditures are not eligible for Financial Assistance pursuant to this Agreement:
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(a) costs of developing the business case for the purposes of applying for Financial Assistance
pursuant to the SCTP Initiative;
(b) costs related to the operation and maintenance of capital assets;
(c) costs associated with obtaining necessary approvals, licenses or penn its where the Recipient
is the entity providing the approval, license or penn it;
(d) land acquisition costs;
(e) costs associated with leasing land, buildings, equipment (except equipment described in
Section 10(n) above) or other facilities;
(f) costs associated with general feasibility or planning studies;
(g) costs associated with fundraising campaigns, capital project financing or operating lea,ses;
(h) costs associated with services or work nonnally provided by the Recipient or any agency of
the Recipient;
(i) the salaries and other employment benefits of any employees, overhead costs as well as other
direct or indirect operating or administrative costs of the Recipient and more specifically
these costs as related to planning, engineering, architecture, supervision, management and
other services provided by the Recipient's pennanent staff except as may be approved in
advance by the Ministry;
0) contributions or commitments in kind;
(k) costs associated with furniture, fixtures, decorations, fitting-up supplies, etc.;
(I) costs associated with Recipient travel; and
(m) any other costs as determined by the Ministry, from time to time and in its sole discretion,
12. Deemed ineligible. The Recipient acknowledges that the Ministry's fiscal year ends on March 31
in each year, and that should an Eligible Cost not be submitted by the Recipient for payment of
Financial Assistance before March 31 of the year following the fiscal year in which it was
incurred, such Eligible Cost shall be deemed ineligible for Financial Assistance,
13. Clarification. For clarity, the Recipient hereby expressly acknowledges that the inclusion of an
item in the Budget does not necessarily mean that such item is an Eligible Cost. Where there is a
· conflict between the Budget and this Article, the provisions of this Article shall prevail.
ARTICLE IV
FINANCIAL ASSISTANCE
14. Use of Financial Assistance. The Financial AssÎstance)s intended for and shall be used only for
Eligible Costs.
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IS. Basis of pay-out of Financial Assistance. The Financial Assistance will be provided by the
Ministry to the Recipient on the basis set out in Schedule "E".
16. Funds advanced. If Financial Assistance is provided by the Ministry prior to the Ministry
receiving evidence that the associated Eligible Costs have already been paid by the Recipient,
then such Financial Assistance, including all interest earned thereon, remains the property of the
Ministry and must be held by the Recipient in an interest bearing account pending payment of
Eligible Costs. Without limitation, any payment of Financial Assistance that is made to the
Recipient without the requirement of the Recipient first providing the Ministïy with either a
Progress Report or a Final Report must meet the requirements of this Section.
17, Maximum Financial Assistance. The total amount of Financial Assistance provided to the
Recipient shall in any event be no greater than the Maximum Financial Assistance.
18. Excessfunds. Where actual costs are lower or appear likely to be lower than the total eligible
expenditures identified in the Budget, the Recipient shall immediately notify the Ministry and the
Ministry may, in its sole discretion, Adjust the Financial Assistance.
19. Interdependent projects. Where implementation of the Project is dependent on completion of a
project by others and the interdependent project is not completed by others in whole or in part,
the Ministry may, in its sole discretion, Adjust the Financial Assistance,
20. Recipient not carrying out Project. The Recipient shall immediately notify the Ministry if it
does not intend to carry out the Project in whole or in part as specified in Schedule "B" in which
case the Ministry may, in its sole discretion, Adjust the Financial Assistance,
21. New Information. In the event of new information, errOrs, omissions or other circumstances
affecting the determination of the amount of Financial Assistance under this Agreement, the
Ministry may, in its sole discretion, Adjust the Financial Assistance,
22, GST. The Financial Assistance is based on the net amount of goods and services tax to be paid
by the Recipient pursuant to the Excise Tax Act (Canada) net of any applicable rebates.
23. Withholding payment. The Ministry may, in its sole discretion, withhold payment of Financial
Assistance where the Recipient is in default in obtaining any necessary permits, approvals or
licenses applicable to the Project or is in default of compliance with any provisions of this
Agreement or any applicable legislation.
24. InsulJicientfunds provided by the Legislature. If, in the opinion of the Ministry, the Legislative
Assembly of Ontario does not provide sufficient funds to continue the Financial Assistance for
any fiscal year during which this Agreement is in effect, the Ministry may terminate this
Agreement in accordance with the terms specified in Section 69 of this Agreement.
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ARTICLE V
PROJECT AWARD, MANAGEMENT AND COMPLETION
25. Recipientfully responsible. The Recipient shall be fully responsible for the undertaking,
implementation and completion of the Project and shall retain any and all Consultants reasonably
required to undertake a project of the size, scope and complexity of the Project. Where
implementation of the Project is dependent on completion of a project by others, the Recipient
shall be fully responsible for obtaining any assurances that it may require from others in relation
to the implementation of the Project by the Recipient.
26. Ministry not responsible for implementation. The Ministry shall not be responsible in any way
whatsoever for the undertaking, implementation and completion of the Project or any
interdependent project of others.
27. Ministry not responsible for costs. The Ministry shall not be responsible for any costs associated
with the operation, maintenance and repair of the Project. .
28. Behaviour of Recipient. The Recipient shall carry out the Project in an economical and
businesslike manner, in accordance with this Agreement and in particular, but without limitation,
in accordance with the Budget and the Project Schedule subject to any reasonable changes that
the Ministry may agree to or require from time to time in writing,
29. Competitive process. The Recipient shall acquire all equipment, services and supplies required
for the Project through a competitive process that ensures the best value for funds expended. For
equipment, services and supplies the estimated cost of which exceeds $25,000.00 the Recipient
shall obtain at least three written quotes unless:
(a) the expertise the Recipient is purchasing is specialized and is not readily available; or
(b) the Recipient has previously researched the market for a similar purchase and knows
prevailing market costs for the equipment, services or supplies purchased.
30. Competitive tender. Except as otherwise approved by the Ministry. all portions of the
construction component of the Project (including materials and equipment) shall be competitively
and openly tendered, as deemed by the Ministry, to competent contractors capable of completing
the construction component of the Project, and the contract will be awarded to the lowest
qualified bidder or, where the bid price is not the sole specified selection criterion, the highest
ranked bidder,
31. Procurement Policies and Trade Agreements. If the Recipient is subject to the Procurement
Policies, the Trade Agreements or both, it shall comply with the requirements of the Procurement
Policies and the Trade Agreements as applicable. In the event of any conflict between the
requirements of Sections 29 and 30 of this Agreement and the Procurement Policies or the Trade
Agreements, the requirements of the Procurement Policies or the Trade Agreements shall apply.
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32. Long-term capital management plan. The Recipient shall prepare and update annually
thereafter a long-term capital asset management plan which outlines how the Recipient intends to
meet its financial and other commitments for maintaining the Facility on an ongoing basis,
including plans to recover the full operating costs through service charges where appropriate.
Upon request, the Recipient shall provide to the Ministry a copy of the current long-term capital
management plan,
ARTICLE VI
RECORDS AND AUDIT
. 33. Separate records. The Recipient shall maintain separate records and documentation for the
Project and keep all records and documentation for 3 years after the final settlement of accounts
referred to in Section 40 of this Agreement Upon request, the Recipient shall submit all records
and documentation relating to the Project including, but not limited to, work authorizations,
invoices, time sheets, payroll records, estimates and actual cost of the activities carried out
pursuant to this Agreement, together with tenders and proposals, final measurements, pay1Í1ent
certificates, change orders, correspondence, memoranda, contracts and amendments thereto
which shall be maintained in accordance with Generally Accepted Accounting Principles.
34. Provide records to Ministry. The Recipient shall make available and provide, upon request, at
the Recipient's expense (including but not limited to photocopying, electronic media,
transportation and postage, associated staff time, information retrieval and other office expenses)
all records and documentation (including invoice summaries and certified statement of final
costs) of the Recipient and its auditors, contractors, project managers and consultants relating to
the Project or any other project(s) of the Recipient under any round of the SCTP Initiative, or any
other provincial program(s), for the purposes of cost reviews, audits and settlement, as deemed
by the Ministry, of the Project or any other project(s) ofthe Recipient under any round of the
SCTP Initiative, or any other provincial program(s); such material to be provided to the Ministry
and other ministries of the Province of Ontario as may be required from time to time, all in a
form and manner satisfactory to the Ministry and other ministries of the Province of Ontario, as
applicable.
35. External auditor. The Ministry may require the assistance of an external auditor to carry out an
audit of the material referred to in Sections 33 and 34 of this Agreement. If so, the Recipient
shall, upon request, retain an external auditor acceptable to the Ministry. The Recipient shall
ensure that any auditor who conducts an audit pursuant to this Section ofthe Agreement or
otherwise, provides a copy of the audit report to the Ministry for its consideration at the same
time that the audit report is given to the Recipient.
36, Information. The Recipient shall supply, upon request, such information in respect of the
Project and its results, including without limitation all contracts and agreements related to the
Project and all plans and specifications related to the Project, as the Ministry may require. The
Ministry, its agents and employees, including the Provincial Auditor's Office, shall be allowed
access to the Recipient's premises and staff and to the site to (i) inspect the progress and monitor
the Project; (ii) perform cost reviews and audits on the Project; and (iii) confirm the results of the
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Project in terms of resolving the infrastructure problems that cause an immediate and serious
problem for human health or the environment.
37. Information condition precedentfor payment. If, in the opinion of the Ministry, any of the
information requirements of this Article are not met, the Ministry may, in its sole discretion,
require the information as a condition precedent to any payment in relation to the Project or any
other project(s) of the Recipient under any round of the SCTP Initiative, or any other provincial
program(s) (either current or future). In addition, the Ministry may, in its sole discretion, Adjust
the Financial Assistance.
ARTICLE VII
REPORTING REQUIREMENTS
38. Progress Reports. The Recipient shall submit progress reports (a "Progress Report") for
the Project to the Ministry from time to time as required by Schedule "E" hereto, or as
requested by the Ministry, in a form satisfactory to the Ministry and the Recipient shaÍl
follow such administrative procedures as are specified from time to time by the Ministry. All
Progress Reports shall be in a form satisfactory to the Ministry and shall include:
(a) a detailed description of the progress of the Project to the date of the report;
· (b) particulars of how the Communications Requirements have been implemented or applied;
(c) an interim unaudited financial statement showing Project expenditures and revenue prepared
by a qualified person; .
(d) a certificate by a Payment Certifier or the chief financial officer of the Recipient certifying
the percentage of the Project completed;
(e) an invoice summary, in the formes) prescribed by the Ministry;
(f) when requested, all original invoices and receipts for the Project;
(g) details of any variance from the Project, the Budget and/or the Project Schedule; and
(h) any olher information respecting the Project that may be requested by the Ministry,
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39. Final Report. Within three months of the Project becoming Substantially Performed and no later
than the Final Report Date or such longer period as is specified in writing by the Ministry, the
Recipient shaH submit a fina1 report (the "Final Report") for the Project to the Ministry in a
form satisfactory to the Ministry and the Recipient shall follow such administrative
procedures as are specified from time to time by the Ministry. The Final Report shall be in a
form satisfactory to the Ministry and shall include:
(a) a detailed description of the Project as completed, including photographs;
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(b) particulars of how the Communications Requirements have been implemented or applied;
(c) a final unaudited financial statement showing Project expenditures and revenue prepared by a
qualified person;
(d) a certificate by a Payment Certifier or the chief financial officer of the Recipient certifying
that the Project has been Substantially Performed;
(e) an invoice summary, in the form(s) prescribed by the Ministry;
(f) when requested, all original invoices and receipts for the Project;
(g) details of any variance from the Project, the Budget and/or the Project Schedule; and
(h) any other information respecting the Project that may be requested by the Ministry.
including, but not limited to, audited financial statements,
40. Final claims. Upon receipt of the Final Report, the Ministry shall not be obligated to consider
any further claims in relation to the Project.
.41. Fiscalyear-end report. Within 30 days of March 31 of each year in which Eligible Costs are
incurred, the Recipient shall provide to the Ministry an accounting of all Eligible Costs incurred
in the twelve months up until March 31.
42. Subsequent report, Within 18 months and no earlier than 12 months from the Project becoming
Substantially Performed, the Recipient shall provide to the Ministry a report indicating how the
Project's objectives identified in the SCTP Initiative, Round 1 application process have been
achieved.
ARTICLE VIII
OVERPAYMENT
. 43. Allowable Financial Assistance. Funds advanced to the Recipient prior to settlement in
accordance with Section 40 of this Agreement shall not be construed as a final determination of
the amount of Financial Assistance applicable to the Project. Upon conducting a cost review or
audit of the Project, the Ministry will determine the final amount of Financial Assistance on the
Project (the "Allowable Financial Assistance"). The Recipient agrees to repay to the Ministry,
upon receipt of a written demand and within the period specified by the Ministry, that portion of
the total ofthe funds advanced that exceeds the Allowable Financial Assistance applicable to the
Project, as determined by the Ministry, as well as any funds used for a purpose other than that
stated in the terms of this Agreemenl, as determined by the Ministry.
44, Deduction of overpayment. The Ministry may deduct any overpayment of Financial Assistance
pursuant to Section 43 made on the Project from financial assistance payable on any other
project(s) of the Recipient under any round of the SCTP Initiative or other provinciallnitiative(s)
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(either current or future). Any overpayment made on any other project(s) of the Recipient under
any round of the SCTP Initiative or other provincial program(s) (either current or future) may in
. turn be deducted from Financial Assistance owing on the Project.
45, Interest on overpayment. The Ministry reserves the right to demand interest on any
overpayment of Financial Assistance owing by the Recipient under the tenns of this Agreement
at the then-current interest rate charged by the Province of Ontario on accounts receivable. The
Recipient shall pay the amount of interest owing upon receipt of a written demand and within the
period specified by the Ministry,
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ARTICLE IX
INSURANCE AND BONDING
46. Insurance. The Recipient agrees to put in effect and maintain or cause to be put in effect and
maintained for the period during which this Agreement is in effect, with insurers acceptable to
the Ministry, all the necessary insurance that would be considered appropriate for a prudent
Recipient of this type undertaking a project similar to the Project, including, without limitation:
(a) Comprehensive General Liability Insurance, to an inclusive limit of not less than five million
dollars ($5,000,000) per occurrence for property damage, bodily injury and personal injury,
and including, at least, the following policy endorsements:
(i) Her Majesty the Queen in right of Ontario as represented by the Minister of Tourism
and RecreationlMinister of Culture as an additional insured for the purposes of the
Project only;
(ii) Cross Liability;
(iii) Contractual Liability;
(iv) Independent Contractors;
(v) Products and Completed Operations;
(vi) Employer's Liability and Voluntary Compensation;
(vii) 30 day written notice of cancellation;
(viii) Tenants Legal Liability (if applicable); and
(ix) Non owned automobile coverage with blanket conlractual and physical damage
coverage for Hired Automobiles.
(b) Property Insurance to a limit commensurate to the full replacement cost value ofthe Facility
on an "All Risks" basis (including earthquake and flood coverage where the Facility is
located in the designated Ontario earthquake zone), The Policy must include the following:
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(i) Replacement Cost Value;
(ii)
Stated Amount Co-Insurance; and
(iii) Waiver of Subrogation,
(c) ProfessionaVConsultants Errors & Omissions Liability Insurance, insuring liability for errors
and ollJissions in the performance or failure to perform professional services contemplated in
this Agreement, in the amount not less than $2,000,000 per claim and in the annual
aggregate.
47. Certificaies of Insurance. Prior to any scheduled payment of Financial Assistance pursuant to
this Agreement and throughout the term of this Agreement the Recipient shall provide the
Ministry with a valid Certificate ofInsurance which references the Project, confirms the above
requirements and identifies major exclusions in the policy, The Recipient shall provide the
Ministry a copy of the policy and any renewal or replacement certificates as may be neces~ary.
48. Bonding, The Recipient shall put in effect and maintain in full force and effect or cause to be put
into effect and maintained in full force and effect during the term of this Agreement,
(a) a performance bond in the amount of 100% of the contract price for any construction contract
related to the Project and which is for an amount greater than $150,000 covering the
performance of that construction contract and the correction of any deficiencies; and
(b) a labour and material payment bond in the amount of50% of the contract price for any
construction contract related to the Project and which is for an amount greater than $150,000
covering the payment for labour, material or both.
ARTICLE X
INDEMNITY
49. Ministry not liable. In no event shall the Ministry be liable for:
(a) any bodily injury, death or property damage to the Recipient, its employees, agents, or
Consultants or for any claim, demand or action by any third party against the Recipient. its
employees, agents, or Consultants, arising out of or in any way related to this Agreement or
the Project; or
(b) any incidental, indirect, special or consequential damages, or any loss of use, revenue or
profit to the Recipient, its employees, agents, or Consultants arising out of or in any way
related to this Agreement or the Project.
SO, Recipient to indemnify. The Recipient agrees to indemnify and hold harmless Her Majesty the
Queen in Right of Ontario, Her directors, officers, employees and agents from and against all
suits, judgements, claims, demands, expenses, actions, causes of action and losses (including,
without limitation, reasonable legal expenses and any claim for lien made pursuant to the
Construction Lien Act (Ontario» and for any and all liability for damages to property and injury
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to persons (including death) howsoever caused (except if caused by the Ministry's own
negligence or wilful misconduct), as a result of any claim, demand or action arising out of or in
any way related to this Agreement or the Project.
5 I. Further Indemnity. The Recipient further agrees to indemnifY and hold hannless Her Majesty
the Queen in Right of Ontario, Her directors. officers, employees and agents, for any incidental,
indirect, special or consequential damages, or any loss of use, revenue or profit, by any person,
entity or organisation including the Ministry, arising out of or in any way related to this
Agreement or the Project (except if caused by the Ministry's own negligence or wilful
misconduct). ..
ARTICLE XI
TRANSFER OF FACILITY
52. Transfer of ownership. The Recipient shall not transfer the ownership of all or part of the
Facility established with the Financial Assistance from the Ministry prior to March 31, 20~7
unless the Recipient obtains the prior written consent of the Ministry. In giving its consent, the
Ministry may specifY any conditions including the requirement of the Recipient to repay some or
all of the Financial Assistance in an amount to be detennined by the Ministry and within the
period specified by the Ministry, Any transfer of ownership in contravention of this provision
gives the Ministry the right to Adjust the Financial Assistance,
53, Lease, etc. The Recipient shall not lease, license the use of, mortgage, charge or encumber the
Facility or any part thereof without the prior written consent of the Ministry except for the lease
or licensing of retail premises to concessionaires for the sale of services and products customarily
offered for sale in facilities such as the Facility provided that such retail premises do not in the
aggregate exceed 10% of the floor area of the Facility,
54, Deduction from Financial Assistance. The Ministry may deduct the amount of Financial
Assistance to be repaid under Section 52 from financial assistance payable on any other
project(s) of the Recipient under any round of the SCTP Initiative or any other provincial
program(s) (either current or future),
ARTICLE XII
CONFLICT OF INTEREST AND CONFIDENTIALITY
55. No conflict of interest. The Recipient and its Consultants and any of their respective advisors.
partners, directors, officers, employees, agents and volunteers shall not engage in any activity or
provide any services where such activity or the provision of such services creates a conflict of
interest (actually or potentially in the sole opinion of the Ministry) with the provision of services
under this Agreement. The Recipient acknowledges and agrees that it shall be a conflict of
interest for it to use confidential infonnation of the Crown relevant to the Project or otherwise
where the Ministry has not specifically authorized such use.
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56. Disclose potential conflict of interest The Recipient shall disclose to the Ministry without delay
any actual or potential situation that may be reasonably interpreted as either a conflict of interest
· or a potential conflict of interest.
57. Freedom of Information and Protection of Privacy Act. The Recipient acknowledges that the
Ministry is bound by the provisions of the Freedom of Information and Protection of Privacy Act
(Ontario) and regulations thereunder.
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ARTICLE XIII
COMMUNICATIONS AND RECOGNITION
58. Licensed Marks. The Recipient acknowledges that Her Majesty the Queen in right of Ontario as
represented by the Minister of Finance is or will be the owner of certain distinguishing marks
comprised of designs, trademarks and official marks including without limitation "SuperBuild"
and "SuperCroissance" which have come or will come to be associated with the Province of
Ontario and the SuperBuild initiative (all such current and future marks, being the "Licensed
Marks").
59. Acknowledgement in advertising and publicity. The Recipient agrees to acknowledge the
Financial Assistance of the Ministry through the Government of Ontario's SuperBuild initiative
to the Project in all advertising and publicity relating to the Project and in any construction signs
and in any temporary or permanent tributes to Project donors by adhering to the Communications
Requirements,
60. Use of Licensed Marks. In consideration of receiving the Financial Assistance, the Recipient
agrees to use the Licensed Marks as follows:
(a) the Recipient agrees to strictly use the Licensed Marks only as prescribed by the
Communications Requirements and further as prescribed from time to time by the Ministry
and not to use any other mark or trademark in combination with any of the Licensed Marks
without the prior written approval of the Ministry. The Recipient agrees that it will not alter,
modify, dilute or otherwise misuse the Licensed Marks,
(b) the Recipient agrees to submit to the Ministry copies of any advertisements or promotional
materials containing the Licensed Marks for Ministry's approval prior to any use thereof and
to remove therefrom either any reference to the Licensed Marks or any element which the
Ministry may from time to time upon reasonable notice designate.
(c) the Recipient agrees that it will not state or imply, directly or indirectly, that the Recipient or
the Recipient's activities, other than those permitted by this Agreement, are supported,
endorsed, or sponsored by the Ministry and upon the direction of the Ministry shall issue
express disclaimers to that effect.
(d) the Recipient agrees to promptly inform the Ministry of any suspected infringement of any
Licensed Marks by a third party.
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61. Cease using Licensed Marks. Whether or not the Recipient is in breach of this Agreement,
forthwith upon any receipt by the Recipient of a written direction from the Ministry, the
Recipient shall cease using the Licensed Marks, and without limiting the generality of the
foregoing, will remove all signage and remove trom circulation any use or reference to the
Licensed Marks.
62. Indemnity. The Recipient hereby indemnifies the Ministry against any and all claims for death,
illness, personal injury, property damage, improper business practices, or loss of any kind where
such claims are in whole or in part premised upon the Recipient's use of the Licensed Marks.
ARTICLE XIV
COVENANTS, REPRESENTATIONS AND WARRANTIES
63, Covenants, representations and warranties. The Recipient covenants, represents and warrants
to the Ministry that:
(a) it is conducting its business in compliance with all applicable federal, provincial and
municipal laws, and all rules, regulations, by-laws, notices. orders and approvals;
(b) it has authority and any necessary approval to enter into this Agreement and to carry out its
terms, and, where applicable, has passed any required by-law or band council resolution;
(c) it has or will apply for all permits, approvals, and licenses which are required in order to
carry out the Project including, but not limited to, any approvals lawfully required under the
Planning Act (Ontario), the Building Code Act (Ontario), the Highway Traffic Act (Ontario),
the Public Transportation and Highway Improvement Act (Ontario). the Bridges Act
(Ontario) and the Environmental Laws;
(d) it validly exists as a legal entity with full power to perform and observe all the terms and
conditions of this Agreement;
(e) where applicable, it has passed required by-laws to undertake the Project;
(f) it is now and will continue to be compliant with all Environmental Laws;
(g) it owns (or if the Recipient is a First Nation and the Facility is or will be on Reserve Lands,
these Reserve Lands have been set aside for the benefit of the Recipient) or has a long-term
lease (inclusive of any renewals) that expires no earlier than March 31, 2027 for the lands on
which the Facility is or will be located and that it will provide evidence of same in the
prescribed form set out in Schedule "I" hereto (in the case of ownership or Reserve Lands) or
Schedule "J" hereto (in the case ofa long-term lease) to the satisfaction of the Ministry, in its
sole discretion, on or before the date of the first scheduled payment of Financial Assistance
pursuant to this Agreement;
(h) no construction, including, without limitation, site excavation, with respect to the Project
occurred prior to April 12, 200 I;
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(i) if the Recipient is a Municipality, it has obtained or is in the process of obtaining an approval
pursuant to the Ontario Water Resources Act showing that it is compliant with the Drinking
Water Protection Regulation, O. Reg. 459/00, or in the alternative it is part of another
Municipality that has obtained or is in the process of obtaining such approval;
G> provided the Recipient is not a Municipality, a First Nation nor a Crown Agency, it
(i) is not a non-resident of Canada within the meaning of the Income Tax Act (Canada);
(ii) is either a corporation, a partnership or a sole proprietorship validly in existence; and
(iii) is registered and qualified to do business wherever necessary to carry out the Project;
(k) if the Recipient is a Municipality, a First Nation or a Crown Agency, it has the requisite
legislative authority to carry out the Project;
(I) has the experience, financial health and ability to carry out the Project;
(m)the entire Facility is or will be (in the case ofa new Facility) a facility that is used for sport,
recreation, cultural, heritage and/or tourism purposes, that the entire Facility is or will be
open to the public and available for public use throughout the year or the appropriate season
of the year and that such use will continue until at least March 31, 2027;
(n) it will provide or arrange for funds totaling at least as much as the Mandatory Other Funds to
be used for the Project;
(0) other than the Financial Assistance being provided pursuant to this Agreement, the Recipient
has not and will not use any capital funding received from Her Majesty the Queen in right of
Ontario or a Crown Agency towards any aspect of the Project. Notwithstanding the
foregoing, the Recipient may use funds received from the Northern Ontario Heritage Fund
Corporation for the purposes of carrying out the Project; and
(P) all information provided during the SCTP Initiative, Round 1 application process remains
true, correct and complete in every respect except as set out to the contrary herein, Without
limitation, Project, Budget, Project Schedule, Other Funds, Total Other Funds and
Alternative Funds are as set out herein and not as set out in the application material.
64, Representations and warranties true condition precedent/or payment. Upon request, the
Recipient shall provide the Ministry with proof of the matters referred to in this Article. It is
a condition precedent to any payment under this Agreement that the representations and
warranties under this Article are true at the time of payment and that the Recipient is not in
default of compliance with any terms of this Agreement. Where this is not the case, the
Ministry may, in its sole discretion, Adjust the Financial Assistance.
ARTICLE XV
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DEFAULT, ENFORCEMENT AND TERMINATION
· 65. Event of Default. Each and every one ofthe following events is an "Event of Default":
(a) if in the opinion of the Ministry, the Recipient fails to conform or comply with any term or
covenant contained in this Agreement to be performed or complied with by the Recipient;
·
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(b) if in the opinion of the Ministry any representation or warranty made by the Recipient in this
Agreement or any certifica\e delivered to the Ministry pursuant hereto shall be materially
untrue in any respect; ..
(c) if an order shall be made or an effective resolution passed for the winding up, or liquidation
or dissolution of the Recipient or the Recipient is otherwise dissolved or ceases to carry on its
operation;
(d) if the Recipient uses any of the Financial Assistance for a purpose not authorized by tl1is
Agreement without the prior written consent of the Ministry;
(e) if the Recipient admits in writing its inability to pay its debts generally as they become due,
voluntarily suspends transactions of its usual business, becomes insolvent, bankrupt, makes
an assignment for the benefit of its creditors, or a receiver or manager, court appoin\ed or
otherwise, is appointed for its assets or if the Recipient takes the benefit of any statute from
time to time in force relating to bankrupt or insolvent debtors;
(f) if in the opinion of the Ministry a material adverse change occurs such that the viability of
the Recipient as a going concern is threatened in the opinion of the Ministry, acting
reasonably;
(g) ¡fin the opinion of the Ministry the Recipient ceases to operate;
(h) if in the opinion of the Ministry the Recipient has failed to proceed diligently with the Project
or abandons the Project in whole or in part, or the Recipient is otherwise in default in
carrying out any of the terms, conditions or obligations of this Agreement, except where such
failure is due to causes which, in the opinion of the Ministry are beyond the control of the
Recipient;
(i) if the Recipient has submitted false or misleading information to the Ministry; or
G) the Recipient and/or any of its Consultants and/or any oftheir respective advisors, partners,
directors, officers, employees, agents and volun\eers has breached the requirements of Article
XII (Conflict of Interest and Confidentiality).
66. Waiver. The Ministry may, at any time. waive any Event of Default which may have occurred
provided that no such waiver shall extend to, or be taken in any manner whatsoever to affect, any
subsequent Event of Default or the right to remedies resulting therefrom, and that no such waiver
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shall be, or shall be deemed to constitute, a waiver of such Event of Default unless such waiver is
in writing from the Ministry.
67. Remedies on default. Notwithstanding any other rights which the Ministry may have under this
Agreement, if an Event of Default has occurred, the Ministry shall have the following remedies
provided only that in the case of an Event of Default which, in the opinion of the Ministry in its
sole discretion, is curable, the Ministry has first given written notice of the Event of Default to
the Recipient and the Recipient has failed to correct the Event of Default within 10 Business
Days or such longer period of time as the Ministry may consent to in writing:
(a) The Ministry shall have no further obligation to provide any Financial Assistance for the
Project;
(b) The Ministry may, at its option, terminate this Agreement and may, in its sole discretion,
Adjust the Financial Assistance. The total amount of Financial Assistance shall be
immediately due and payable by the Recipient and bear interest at the then current intérest
rate charged by the Province of Ontario on accounts receivable; and
(c) The Ministry may avail itself of any of its legal remedies which it may deem appropriate.
68. Additionai remedies. In addition to the remedies described in Section 67, the Ministry may
commence such legal action or proceedings as it, in its sole discretion, may deem expedient,
without any additional notice under this Agreement. The rights and remedies of the Ministry
hereunder are cumulative and in addition to, and not in substitution for, all other rights or
remedies otherwise available to the Ministry.
69. Termination without cause. Notwithstanding anything else contained herein, the Ministry
reserves the right to terminate this Agreement without cause upon such conditions as the Ministry
may require. with a minimum of seven (7) days written notice to the Recipient. ¡fthe Ministry
terminates this Agreement prior to its expiration, the Ministry, subject to all of the Ministry's
rights under this Agreement, including, without limitation, the Ministry's right to Adjust the
Financial Assistance, shall only be responsible for the payment of Financial Assistance on the
portion of the Project completed and Eligible Costs already incurred and paid at the time of such
termination provided that the Recipient provides a report to the Ministry that meets the
requirements of a Progress Report. Such report must be received by the Ministry within three
months of notice oftermination being given to the Recipient pursuant to this Section.
ARTICLE XVI
NOTICE
70. Notice. Any demand, notice or communication to be made or given hereunder shall be in writing
and may be made or given by personal delivery or mailed by first class registered mail, postage
prepaid or by transmittal by facsimile, telecopy or other electronic means of communication
addressed to the respective parties and at the addresses set out in Schedule "H" attached hereto or
to such other person, address or facsimile number or telecopy number as either party may from
time to time notify the other in accordance with this Section, Any demand, notice or
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communication made or given by personal delivery shall be conclusively deemed to have been
given on the day of actual delivery thereof. Any demand, notice or communication made or
given by facsimile or other electronic means of communication, if made or given at a time when
it would be received by the recipient during its normal business hours on a Business Day, shall be
deemed to be received at the time it is sent; otherwise, such electronic communication shall be
deemed to be received on the first Business Day following the transmittal thereof. Any demand,
notice or communication mailed by registered mail shall be deemed to have been received on the
third Business Day following the day on which it was mailed.
71. Representatives. The individuals identified pursuant to Section 70 above wilt, in the first
instance, act as the Ministry's or the Recipient's, as the case may be, representative for the
purpose of implementing this Agreement.
ARTICLE xvn
MISCELLANEOUS
72. Terms binding. The Recipient shall take reasonable measures to ensure that its officers,
directors, partners, employees, agents and Consultants shall be bound to observe all the terms and
conditions of this Agreement, including. but not limited to all covenants, representations and
warranties set out herein. The Recipient shall include in any contract terms and conditions
similar to and not less favourable to the Ministry than the terms and conditions of this Agreement
to the extent that they are applicable to the work subcontracted, including but not limited to the
requirements of Section 36 of this Agreement.
73, Time of the essence. In the performance and observance of the terms and conditions of this
Agreement, time is of the essence and no extension or variation of this Agreement shall operate
as a waiver of this provision, .
74. Successors and assigns. This Agreement shall enure to the benefit of and be binding upon the
parties hereto and their respective heirs, executors, administrators, successors and permitted
assigns.
75. Severability. The validity or enforceability of any provision of this Agreement shall not affect
the validity or enforceability of any other provisions hereof and such invalid or unenforceable
provisions shall be deemed to be severable.
76. No waiver. The failure by the Ministry to insist in one or more instances on performance by the
Recipient ohny of the terms or conditions of this Agreement shall not be construed as a waiver
of the Ministry's right to require further performance ohny such terms or conditions, and the
obligations of the Recipient with respect to such performance shall continue in full force and
effect.
77. Division of Agreement. The division of this Agreement into schedules, articles, sections,
clauses, paragraphs and the insertion of headings are for the convenience of reference only and
shall not affect the construction or interpretation of this Agreement.
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78. Governing law. This Agreement shall be governed by and construed in accordance with the laws
of the Province of Ontario and the laws of Canada applicable in Ontario.
79. SurvivaL Articles IV (Financial Assistance), VI (Records and Audit), VII (Reporting
Requirements), VIII (Overpayment), X (Indemnity), XI (Transfef of Facility), XII (Conflict of
Interest and Confidentiality), XIII (Communications and Recognition), XIV (Representations and
Warranties), XV (Default, Enforcement and Termination) and XVII (Miscellaneous) and
Sections 32 (Long-term capital management plan) shall survive the expiration or early
termination of this Agreement until March 31, 2027.
80. No assignment. This Agreement shall not be assigned by the Recipient.
81. No Amendment. This Agreement shall not be varied, except by a document in writing. dated and
signed on behalf of the Ministry and the Recipient.
82. Interest. The Ministry reserves the right to demand interest on any repayment of Financial
Assistance owing by the Recipient under the terms of this Agreement at the then-current interest
rate charged by the Province of Ontario on accounts receivable, The Recipient shall pay the
amount of interest owing upon receipt of a written demand and within the period specified by the
Ministry.
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83. Ministry and Recipient independent. Nothing in this Agreement shall be deemed to constitute
the Recipient an employee, servant, agent, partner of or in joint venture with the Ministry for any
purpose whatsoever.
84. Recipient cannot represent the Ministry. The provision of Financial Assistance to the Recipient
pursuant to this Agreement is for the sole purpose of, and is limited to, carrying out the Project.
The Recipient warrants and agrees that under no circumstances shall it enter into any contract or
commitment in the name of or on behalf of the Ministry and the Recipient acknowledges that it is
not by the terms of this Agreement or otherwise, granted any right or authority to assume or
create any obligation or responsibility, express or implied, on behalf of or in the name ofthe
Ministry Of to bind the Ministry in any manner whatsoever other than as specifically provided in
this Agreement.
85. Consultants. The Ministry acknowledges that, in connection with carrying out the Project, the
Recipient may engage one or more Consultants. The Ministry acknowledges and agrees that the
Recipient shall have the sole authority and responsibility for such employees, agents or
Consultants, including their hiring and termination. The Recipient acknowledges and agrees that
the Recipient shall be responsible for all acts and actions of the Recipient's employees, agents
and Consultants and that all such acts and actions shall be treated as actions of the Recipient for
the purposes of this Agreement.
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86. Cooperation. The Ministry and the Recipient agree to cooperate with one another and will be
frank, candid and timely when dealing with one another and will endeavor to facilitate the
implementation of this Agreement.
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87. Joint and SeveraL Where the Recipient is made up of two or more entities, each such entity
shall be jointly and severally liable (each completely and individually liable) to the Ministry for
. the fulfillment of the obligations of the Recipient under this Agreement.
- END OF GENERAL TERMS AND CONDmONS·
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SCHEDULE "B"
DESCRIPTION OF THE PROJECT
To renew, enhance and improve the Davidson Recreation Centre for the citizens of Kincardine. The
project will include upgrading the air handling units, repairing the roof structure, replacing the arena
boards, glass and condenser, upgrading the mechanical components in the facility, adding an elevator
and an outdoor ramp for seniors. This facility with a pool, fitness centre, arena and seniors club is the
focal point of social, recreational, sport and cultural activities in the community.
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SCHEDULE "C"-BUDGET
3.000
1 00
224,000
15,000
aBte sheet
S 0.00
415,300
414300
15,300
\r.:.;%.,:!; ·.'t·:~i·~~'1J'Sl~:'~\~,:
45 $179,550
22.5 $89,775
~
SCHEDULE"D"
PROJECT SCHEDULE
.
Project Start Date: May 1,2002
Project Completion Date: May 31, 2003
. .'. ", P· R· 0,- ··JE·"·-·-C~T.:·;:i '.'~ ~.,: :;~.;}'.~..~~: ':~~.. ~:r~:":·~-~",;::; ;-: '-:-...",:;: '--:..:,",-:" '." :~:'~'~f '~$'/ ~"..\..\!~:,.'~';,J~':;".';":..;;!'~~.~'''' .....
. -.- ,- .' --.,' '-'LOCATIONS " ".. . ,.... '.", ,d.. ....., .,..... ."
.. ,_..", ~,'" oG.'¡, ...-. .",. . J. '..' , .. . ¡ ..... ,,' _. d,",.. .. . ~
ILESTONES·"-'·..' ,;,:";;',:,....,.... "". ..:,-- ':;"ì":';'~',rtIMEt"INES"":';'
"".... .... -".;,::>'.", ,.:.:·,O·Cb· L'dl d" '.' t) ~¡. :"~..::'j,....-..;. . ...~1f:.,.. "'.:'.'...
. ~AC' TIVITJ' ES'·,>!::·~ ,,,¡;",\l,' ...un. ~ ..p~~Jec. ::.. ¡~·~'::··N,~.."."···'''''~·.,,····,,:.,'...'· ..'
..' ,; "" "" ,: .~. :... ~"' :. ':". I'. .. _ ... ,"'I'"" -:".: t":,~~':;' ,". I..: R,
Replace air handling Davidson Centre May - August 2002
units
Re air roof
Install shock absorbent
boards and lass
Re air arena condensor
Re lace exit doors
Repair Boiler
refracto
Install elevator
Construct outdoor
ramp for seuiors
accessibili
Create accessible
washrooms
1.
2.
3.
4,
5.
6.
7.
8,
.
9,
10,
11.
12,
Davidsou Centre
Davidson Centre
Ma - Au ust 2002
May - August 2002
Davidsou Ceutre
Davidson Centre
Davidson Centre
Davidson Centre
Davidson Centre
June - Au ust 2003
May - August 2002
Davidson Centre
May - August 2002
.
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SCHEDULE "En
FINANCIAL ASSISTANCE
Total Eligible Costs: $399,000.
Senior Government Share: 45%.
Ontario Share:
22.5%.
Federal Share:
22.5%.
Maximum Financiai Assistance:
5179,550.
Ontario Maximum Financial Assistance: 589,775.
Federal Maximum Financial Assistance: 589,775,
90% of Maximum Financial Assistance: 5161,595.
Subject to the provisions of this Agreement, and in particular but without limitation Section 17 of
Schedule "An to this Agreement and Section 1 (if any) of Schedule "G" of this Agreement, the
Ministry shaH provide the Financial Assistance to the Recipient in the following instaHments:
(a) 10% of the Ontario Maximum Financial Assistance within 30 days of the date of this
Agreement, or such other time as detennined by the Ministry in its sole discretion provided
that the Recipient has provided evidence satisfactory to the Ministry in its sole discretion that
any approvals required under the Planning Act (Ontario) or pennits required under the
Building Code Act (Ontario) have been obtained, the Ministry has received the certificate of
insurance as required by Section 47 of Schedule "A" of this Agreement and the Ministry has
received the certificate or opinion that is required pursuant to Section 63(g) of Schedule "A"
of this Agreement.
(b) Following receipt and approval by the Ministry of the Recipient's first Progress Report
detailing the progress and status of the Project and substantiating that not less than thirty
percent ofthe Project has been completed, the Ministry will provide Financial Assistance in
the amount equal to the Senior Government Share of what the Ministry deems Eligible Costs
identified iuthe Progress Report, less the amount advanced in (a) above. Such report must
contain the infonnation required in a Progress Report as set out in Section 38 of Schedule
"A" of this Agreement.
(c) Following receipt and approval by the Ministry of the Recipient's second Progress Report
detailing the progress and status of the Project and substantiating that not less than sixty
percent of the Project has been completed, the Ministry will provide Financial Assistance in
the amount equal to the Senior Government Share of what the Ministry deems Eligible Costs
28
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identified in the Progress Report. Such report must contain the information required in a
Progress Report as set out in Section 38 of Schedule "A" of this Agreement.
(d) Following receipt and approval by the Ministry of the Recipient's third Progress Report
detailing the progress and status of the Project and substantiating that not less than ninety
percent of the Project has been completed, the Ministry will provide Financial Assistance in
the amount equal to the Senior Government Share of what the Ministry deems Eligible Costs
identified in the Progress Report, Such report must contain the infonnation required in a
Progress Report as set out in Section 38 of Schedule "A" of this Agreement.
(e) In no event will the total oCthe Financial Assistance provided pursuant (a), (b), (c) and (d)
above exceed 90"10 of Maximum Financial Assistance.
(f) Following receipt and approval by the Ministry oCthe Recipient's Fina] Report detailing the
progress and status of the Project and substantiating that the Project has been Substantially
Perfonned, the Ministry will provide Financial Assistance in the amount equal to the Senior
Government Share of the what the Ministry deems Eligible Costs identified in the Pinal
Report Such report must contain the information required in the Final Report as set out in
Section 39 of Schedule "A" of this Agreement.
29
·
·
SCHEDULE "F"
OTHER FUNDING
The Other Funds are as follows:
Applicant contribution
220,000
220,000
·
, TO~~I. ~:t~e: .~~d.<-~ I
220,000
The Recipient has arranged the following alternative sources of funding (the "Alternative Funds")
as a precaution with respect to the Other Funds which are anticipated:
::t~.~tf~~J~~îil~~~~iíiI4i1ilìlr'""¡i
·
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SCHEDULE "G"
FEDERAL REQUIREMENTS
The Ministry and the Recipient agree to the following Federal Requirements:
1. The Recipient acknowledges and agrees that the amount of Financial Assistance being provided
by the Ministry is dependent on the Ministry receiving funds for the Project from Her Majesty
the Queen in right of Canada (the "Federal Governmenf'). Should the Ministry not receive the
funds it expects to receive in relation to the Project from the Federal Government, the Ministry
may, in its sole discretion, adjust the amount of Financial Assistance being provided to the
Recipient pursuant to this Agreement (including, without limitation, requiring repayment of
Financial Assistance already paid to the Recipient).
2, The Recipient represents and warrants to the Federal Government that other than the Financial
Assistance being provided pursuant to this Agreement, the Recipient has not and will not úse any
other funding received from the Federal Government towards any aspect of the Project.
3. The Recipient agrees to indemnifY and hold hannless the Federal Government, its directors,
officers, employees and agents from and against all suits, judgements, claims, demands,
expenses, actions, causes of action and losses (including, without limitation, reasonable legal
expenses and any claim for lien made pursuant to the Construction Lien Act (Ontario» and for
any and all liability for damages to property and injury to persons (including death) howsoever
caused (except if caused by the Federal Government's own negligence or wilful misconduct), as
a result of any claim, demand or action arising out of or in any way related to this Agreement or
the Project.
4. The Recipient further agrees to indemnifY and hold harmless the Federal Government, its
directors, officers, employees and agents, for any incidental. indirect, special or consequential
damages, or any loss of use, revenue or profit, by any person, entity or organisation including the
Federal Government, arising out of or in any way related to this Agreement or the Project (except
if caused by the Federal Govemment's own negligence or wilful misconduct).
5. For the purposes of the Communications Requirements, the Recipient shall follow the Canada-
Ontario Infrastructure Program ("COIF") requirements as well as the SuperBuild requirements.
6. The Recipient acknowledges that the Federal Government is bound by the provisions of the
Access to Information Act (Canada) and the Privacy Act (Canada) and the regulations thereunder.
7. The Recipient acknowledges that the Federal Government is or will be the owner of certain
distinguishing marks comprised of designs, trademarks and official marks in relation to COIP
(the "Federal Licensed Marks") and the Recipient is subject to the requirements of Article XIII
(Communications and Recognition) of Schedule "A" of this Agreement, with appropriate
changes, in relation to the Federal Licensed Marks.
31
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8. No member of the House of Commons or of the Senate of Canada shall be admitted to any share
or part of any contract, agreement or commission made pursuant to this Agreement or to any
· benefit arising therefrom.
9. Notwithstanding any provisions of this Agreement, all obligations of Canada incurred by virtue
of this Agreement shall be subject to the Financial Administration Act (Canada),
·
·
to. All of the provisions of this Schedule "G" shall survive the expiration or early termination of this
Agreement.
,
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SCHEDULE "H"
ADDITIONAL PROVISIONS
The Ministry and the Recipient agree to the following additional provisions:
1. Furtherto Section 70 of Schedule "A" hereto, notice can be given at the following addresses:
(a) If to the Ministry:
Ministry of Tourism and RecreationlMinlstry of Culture
Sports, Culture and Tourism Partnersbips Secretariat
40 Duke Street W., Suite 405
Kitcbener, Ontario
N2H 3W5
Fax: 519-578-1632
Attention: Rick Antaya, Consultant
(b) If to the Recipient:
. THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
. Director of Recreation
Fax:. 519-396-4937
Attention: . Ronald Boulton
2. Other provisions:
(a) Pursuant to the requirements of the Canadian Environmental Assessment Act, the
Recipient will follow the general enviromnental mitigation measures outlined in the
document entitled "Screening under the Canadian Environmental Assessment Act" and
any Project-specific enviromnental mitigation measures as communicated to the
Recipient by the Federal Govemment.
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CERTIFICATE OF TITLE
Ministry of Tourism, Culture and Recreation File No. 20011SHC0022
SOLICITOR'S CERTIFICATE OF TITLE
RE:
AND RE:
Superbuild Sports, Culture and Tourism Partnerships ("SCTP") Initiative, Round 1
The Corporation of the Municipality of Kincardine application for financial
assistance under the SCTP Initiative, Round 1
AND RE':
Recipient's Title to Property detailed in Paragraph 1 below
TO:
Ministry of Tourism, Culture and Recreation (the "Ministry")
Sports, Culture and Tourism Partnerships Secretariat
This is to certify to the Ministry in connection with the Recipient's application for financial
assistance for improvements to the Property under the SCTP Initiative, Round 1 that, as of that date
of this Certificate:
I. The Recipient is the registered owner in fee simple with good and marketable title to:
(a) All that Part of Lot 23, North side of Durham Street, Town of Kincardine (now
Municipality of Kincardine), County of Bruce lying east of the north branch of the
Penetangore River by a by-law registered on May 12, 1977 in the Land Registry
Office for the Land TitleslLand Registry Division of Bruce (No.3) as Instrument No,
146367, a true copy of which is attached.
(b) Lots 24, 25 and 26, North side of Durham Street, Town of Kincardine (now
Municipality of Kincardine ), County ofBruce SAVE AND EXCEPT that part of said
Lots 24 and 25 now shown as Part 6 on Reference Plan 3R-1202 by a deed registered
on July 20, 1976 in the Land Registry Office for the Land TitleslLand Registry
Division of Bruce (No.3) as Instrument No. 138130, a true copy of which is
attached.
(c)
Lot 27, North side of Durham Street, Town of Kincardine (now Municipality of
Kincardine), County of Bruce by a deed registered on November 27, 1974 in the
Land Registry Office for the Land TitleslLand Registry Division of Bruce (No.3)
as Instrument No.121124.
(d) Lot P, East side of Mill Street, Plan 61, Town of Kincardine (now Municipality of
Kincardine), County of Bruce by a deeds registered on June 12, 1897 in the Land
Registry Office for the Land TitleslLand Registry Division of Bruce (No, 3) as
.
.
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.
,
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Instrument No. 5897 and on November 27, 1974 as Instrument No. 121124, true
copies of which are attached.
(e)
Lot S, East side of Mill Street, Plan 61, Town of Kincardine (now Municipality of
Kincardine), County of Bruce by a deed registered on November 27, 1974 in the
Land Registry Office for the Land Titles/Land Registry Division of Bruce (No, 3)
as Instrument No. 121124, a true copy of which is attached..
(f) Block C, Plan M-33, Town of Kincardine (now Municipality of Kincardine), County
of Bruce by a deed registered on March 16, 1976 in the Land Registry Office for the
Land Titles/Land Registry Division of Bruce (No.3) as Instrument No. 1908, a true
copy of which is attached.
(g) Lot R, South side of South Street, Plan 61, Town of Kincardine (now Municipality
of Kincardine), County of Bruce by a deed registered on November 27, 1974 in the
Land Registry Office for the Land Titles/Land Registry Division of Bruce (No.3)
as Instrument No, 121123 and Instrument No. 121124, true copies of which are
attached..
(h)
Part Lots 40, 41 and 42, South side of Broadway Street East, Plan 4, Town of
Kincardine (now Municipality of Kincardine), County of Bruce designated as Part
2 on Reference Plan 3R-3679 and Part Lots 43 and 44, South side of Broadway
Street East, Plan 4, Town of Kincardine (now Municipality of Kincardine), County
of Bruce designated as Part 1 on Reference Plan 3R-3679 by a deed registered on
March 21, 1985 in the Land Registry Office for the Land Titles/Land Registry
Division of Bruce (No.3) as Instrument No. 215713, a true copy of which is
attached.
(i) Lots 45, 46, 47 and 48, South side of Broadway Street East, Plan 4, Town of
Kincardine (now Municipality of Kincardine), County of Bruce,
SAVE AND EXCEPT that part of said Lots 45, 46, 47, and 48 shown on Plan 548
and SAVE AND EXCEPT those parts of said Lot 48 shown on Plans 549 and 561,
by a deed registered on November 27, 1974 in the Land Registry Office for the Land
Titles/Land Registry Division of Bruce (No.3) as Instrument No. 121126, a true
copy of which is attached,
G)
Hamlin Street, Plan 61, Town of Kincardine (now Municipality of Kincardine),
County of Bruce pursuant to Section 261 of the Municipal Act, R.S.O, 1990,
Chapter M-45.
(k) Part of Mill Street and part of South Street, Plan 4, Town of Kincardine (now
Municipality of Kincardine), County of Bruce pursuant to Section 261 of the
Municipal Act, R.S,O. 1990, Chapter M-45,
(I) Lots ° & T, West side of Hamlin Street, Plan 61, Town of Kincardine (now
Municipality of Kincardine), County of Bruce, SAVE AND EXCEPT that part of
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said Lot 0 shown on Plan 561, by dèed registered on November 27, 1974 in the Land
Registry Office for the Land TitlesfLand Registry Division of Bruce (No.3) as
Instrument No.121126 and on August 20, 1997 as Instrument No. 328994, a true
copy of which is attached.
(m)
Lot Q, West side of Mill Street, North side of South Street, Plan 61, Town of
Kincardine (now Municipality of Kincardine), County of Bruce by deed registered
on November 27, 1974 in the Land Registry Office for the Land Titles/Land Registry
Division of Bruce (No.3) as Instrument No. 121125, a true copy of which is
attached.
2.
There are no mortgages, liens, easements, agreements or any other restrictions or
encumbrances that prevent the construction, occupation and use of the improvements to the
Property.
/
3. There are no outstanding arrears of property taxes, local improvement charges or any special
assessments or rates against the Property.
4. I am a member in good standing of the Law Society of Upper Canada.
DATED at the Municipality of Kincardine, County of Bruce, this 12th day of July, 2002.
J'.hJ~ [~'
Graham E. Mahood
Mahood & Darcy
313 Lambton Street
Kincardine, Ontario
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IIUIde In duplicate the 13th day of July
one thouøand nine hundred and seventy-six
JII ......au, of tl r &lJørt .ørmø of Q!ollufuaaufØ !ut:
IrtUtrra
D. HUGH GALB, of the City of Columbus, in
the State of Ohio, one of the United States of
America, and ,
VBRNA M. GALB, his wife, of the same place,
hereinafter called the Grantor of the FIRST PART
THB CORPORATION OF THB TOWN OF KINCARDINB
hereinafter called the Grantee of the SECOND PART
'WiflJPiißi~XHJtIwtD1I:Rnvm I
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.ttnrøørtlr that In eoD8lderatlon of
other good and valuable
consideration and the sua of TWO------------------------------
" _ _ _ _ _. __ _ _ __ -- -- -- -.- ($2. 00) ---- - - - - -- - - -- - - - - - - - - -- -- dollars of
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I GRANT unto the said grantee in fee simple
ALL and Singular that certain plll'l:el or tract of land and premises, situate, lying and
being, all of Lots 24, 25. and 26, on the North side of Durhaa
Street~~' in the Town of Kincardine, in the County of
Bruce, and Province of Ontario.
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A...·WAYI'I· All 'IV AUt: AN ) MAkl'l'AI. II'I'A'I'UII
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D. Hugh Gale and Verna M. Gale
City of Columbus
State of Ohio
..u _tit ..... 187'
When . we executed the .ttaehed Inonment,
JlIXWB were
.t leut alahteen 7ftn old.
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W. held tile Iud .. Joint T......taXMM~.
We owned no abutting lands.
.
(SJlJVBItALLY) SWORN befon me .t the ]
Town of Kincardine, in the
County of Bruce
tIoJe \'is..... cia,. of July 111 76
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ahhis Jjndtnturt
made in duplicate the 23rd day of October
one thousand nine hundred and seventy-four
Ja PurllUllac, øf tl r &l ørt "ønu øf CIIØ_Ulac,. Art:
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MALCOLM RAINEY, of the Town of Kincardine,
in the County of Bruce,
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hereinafter called the Grantor of the FIRS'l' PART
THE CORPORATION OF THE TOWN OF KINCARDINE,
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hereinafter called the Grantee of the SECOND PART
ELIZABETH MAY RAINEY"
Wife of the Grantor of the THIRD PAIrr
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il JlitnrBBttlJ that in consideration of
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other good and valuable
consideration and the sum of TWO-----------------------------~
----------------($2.00)------------------------_______ .dWbœs of
lawful money of Canada, now paid by the said grantee to the said grantor (the receipt
whereof is hereby by him acknowledged) he the said grantor DO TH
GRANT unto the said grantee in fee simple
ALL and Singular that certain parcel or tract of land and premiøeø, situate, lying and
being
FIRSTLY:
the Borth .ida of - "_t, a_ -9
Town of Kincardine, County of Bruce and pro~:;a:
II ,J ~t 27, on
6 , in the
ntario.
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Lots P I1Pd S,on the East side of Mill Street, according to
Plan :4:;""'in the 'l'own of Kincardine, county of Bruce, and
Province of ontario, containing by admeasurement eleyen and
one-quarter aores of land more or less, savi~g and ëxcepti~9
thereout that portion of Lot P whioh is more particularly
described as follows:
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COHMBNCING at the intersection of the Northerly boundary of
said Lot P with the Easterly li~t of Mill Street;
TlfENCE South 59 degrees 26 minutes East a distance of 281.16 fee I
alo~g the Northerly limit of said Lot to a point;
THENCE South 67 degrees and 42 minutes West a distance of 462
feet to a point on the Easterly limit of Mill Street;
THENCE North 30 degrees 34 minutes, East along the Easterly
limit of Mill Street a distance of 363 feet more or less to the
place of beginning according to a survey thereof made by NelsaD
T. Ritchie~ O.L.S. .
THIRDLY;
,
ALL AND SINGULAR that certain parcel or tract of land and
premises si tuate lying and being in the said Town of Kincardine
containing by admeasurement Eight Hundred and Ninèty-six one
thousandths of an acre be the' sallie more o~ less, and being p&.AoJ
composed of .the »asterly portion of Lot R SIl~taBR· S SIIE'I....y of. v1
Ifilll.._lsll"~ ~n' the said Town of Kincardine and which is more
particularly described as follows;
COMMENCING at the intersection of the Easterly limit of Mill
Street with the Southerly limit of South Street,
THENCE South 30 degrees 34 minutes West a distance of 184.80
feet to the Southeast ~gle of the said Lot;
THENCE North 59 degrees 26 minutes West along the Southerly
boundary of said Lot a distance of 247.50 feet to a point;
THENCE North 47 degrees 45 minutes East a distance of 198 feet
to a point on the Southerly limit of South Street;
THENCE South 59 degrees 26 minutes East along the said Southerly
boundary of South Street a distance of .174.90 feet IIIOrè'or less
to the place of b~ginning according to the survey thereof made
by Nelson T. Ritchie, O.L.S.
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Malcolm Rainey and Elizabeth May Rainey
Town of Kincardine
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County of Bruce
make oelh aDd 18)':
WIleD we
executed the .tt,~1oad ~.
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We were lIW'ried to each other.
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We were residents á Canada in accordance with The Income Tax Act.
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(SEVERALLY) SWORN befON IDa at the
Town of Kincardine II. the
County of Bruce
tbla ..),2,-d.y of ';;- /.--.,.., ..~.t4<117 4
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A CON",..IOHU .0. "A..... ....DAVl,... .,.c.
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.I'Œ'I tI. þ(j .:DU. COMMloeIONIIR. ETC.
BRUCE courn\". FOR "Ol\tM^N A. &IIEPIIERD.
ElARRIGTIZR. EXPlltCS 6ILf'rU.IL"CR ~"'. '·~7ø.
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SOUTH BRUCE DEVELOPMENT CORPORATION (KINCARDINE) LIMITBD,
a corporation incorporated under the laws of the Province
of Ontario,
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the registered owner of the freehold
Registry Office for the Land Tjtles Divjsion of
as Parcel Plan-l Section M-33
in the register for ~e '!'own of Kincardine
land registered in the Laud
Bruce (No.3)
in consideration of the sum of Two
-----------------------------
DoUars'
---------------- ,($2.00) -----------------------------
paid to it
OF KINCARDINE
TRANSFER to THE CORPORATION OF THB TOWN
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the land herejnafter particularly described namely
ALL AND SINGULAR those certain parcels or tracts of .
land and premises situate, lying and being in the Town
of Kincardine, in the County of Bruce and Province of
Ontario, and being composed of the whole of Blocks C,
E, H, I, J, T, U, v; W~nd X according to a plan regis~ered
in the Land Registry Office for the Land Titles Division
of Bruce (No_ 3) as No. M- 33
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When executed the attached Instnanent,
I/WE at Ieut eighteen years old.
I was married/divorced/widower.
~ my wife/ busbfacJ,
W. __ muried to each ~.
We held the land as Joint T_ts/1"roI-./PNtnenhIp r.~.
¡ (SEVERALLY) SWORN before .... at the
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day of
A co............ .0. I'A..... UnDAWT.. .TO.
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CONV.I
6621.2
215713
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THIS INDENTURE
made in triplicate the 30th day of January
one thousand nine hundred and eighty-five
IN PURSUANCE OF THE SHORT FORHS OF CONVEYANCES ACT I
BETWEEN
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HER MAJESTY THE QUEEN,
in Right of the Province of Ontario,
represented by the Minister of Transportation
and Communications,
for the Province of Ontario,
hereinafter called the -Grantor-
OF THE FIRST PART
and
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the -Grante.-
OF THE SECOND PART
WITNESSETH that in consideration of the sum of Five
Hundred ...............($500.00)...............Dollars
now paid by the Grantee to the Grantor, the receipt whereof
is hereby acknowledged, the Grantor grants to the Grantee ir
fee simple ~,
.
THOSE lands and premises located in the following
municipality namely, in the Town of Kincardine, in the
COunty of Bruce, in the Geographic Township of Kincardine,
in the Province of Ontario, shown on a Ministry of
Transportation and communications Plan of Survey P-2023-35
being a Reference Plan deposited in the Land Registry OfficE
for the Registry Division of Bruce as Plan 3R-3679 more
particularly described as follows I
FirstlVI
that portion of Lots 43 and 44, South Side of
Broadway Street East, Registered Plan 4, for
the !Own of Kincardine, designate~ as Part I
on said Plan 3R-3679.
that portion of Lots 40, 41 and 42, South Side
of Broadway street East, Registered Plan 4,
for the Town of Kincardine, designated as Part
2 on said Plan 3R-3679.,
secondly I
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Legal I,
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APPROVEQ'
CONV.2
Revise
Jan. 81'
6621.3
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TO HAVE AND TO HOLD unto the said Grantee, his heirs,
executors, administrators and assigns or its successors and
assigns, as the case may be, to and for their sole and only
use forever.
SUBJECT NEVERTHELESS to
provisoes and conditions
thereof from the crown.
the reservations, limitations,
expressed in the original grant
The said Grantor COVENANTS with the,said Grantee that he has
the right to convey the said lands to the said Grantee
notwithstanding any act of the said Grantor.
AND that the said Grantee shall have quiet possession of the
said lands free from all encumbrances.
AND the said Grantor COVENANTS with the said Grantee that he
will execute such further assurances of the said lands as
may be requisite.
AND the said Grantor COVENANTS with the said Grantee tbat he
has done no act to encumber the said lands.
AND tbe said Grantor RELEASES to tbe said Grantee ALL his
claims upon tbe said lands.
PROVIDED that in construing tbese presents tbe words
"Grantor" and "Grantee" and the pronouns "be", "bis" or
"him" relating thereto and used therewith sball be rea~ and
construed as "Grantor" or "Grantors", "Grantee" or
"Grantees", and "be", "sbe", "it" or "they", "his", "her",
"its" or "their", or "him", "her", "it" or them",
respecti vely as the number and gender of tbe party or
parties referred to in eacb case require, and the number of
the verb agreeing tberewith shall be construed as agreeing
with the said word or pronoun so substituted.
'.
IN WITNESS WHEREOF the Minister of Transportation and
Communications, for the Province of Ontario, on behalf of
the Grantor of the First Part, has hereunto subscribed his
signature and cauBed to be impressed the Seal of the
Ministry of Transportation and Communications, Ontario.
AND
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made In duplicate the 1st
one thousand nine hundred aDd seventy-four
JII .......ntt of tip &/ført IørIIIII Ør CløllÞtJIIIllrrø Art:
Ittutttn
day of November
LYNN THOMAS FARRBLL, of the Township of
Kincardine, in the County of Bruce, Farmer,
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hereinafter called the Grantor of the FIRST PART 1/
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'1'HE CORPORATION OF 'l'HE TOWN OF KINCARDINE,
hereinafter called the Grantee
of the SECOND PART
MARJORIE CAROLINE FARRBLL
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of the THIRD PAR'!' II
Wife of the Grantor
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'SS,., that in consideration of other good and valuable I'
consideration and the sum of TWO---------------------------------
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dollar s of
lawful money of Canada nnw paid by the eaid grantee to the eald grantor (the receipt
whereof i8 hereby by him acknowledged) he the said grantor DO
GRANT unto the said grantee in fee 8imple
ALL and Singular that certain parcel or tract of land and premiøeø, 8ituate, lying and
being in the Town of Kinoardine, in the County of Bruoe and f'LAeJ I
Province of Ontario, and being oomposed of Lots letters 0 and '1'
on the West side of Hamlin Street, and Lots Number 45, 46, 47, "
and 48, on the South side of Broadway Street in that part of
the said Town of Kinoardine, known as Williamsburgh, Plan 4,
said Lots 46, 47 and 48 are now oombined into one piece of land
and is known as Lot Number 46 on the South side of Broadway in
that part of the said Town of Kinoardine known as Wil1iamsb~g.
SAVE AND EXCEPT that part of said Lot 46 on the South side of
Broadway Street expropriated by the Department of H~ghways ,by
):/ Plan registered on the 23rd day of May, 1962 as No. 548 and by
I Plan registered on the 28th day of May, 1962 as No. 549 and that
,¡ part ot said Lot 46 on the South side of Broadway Street and that
,I part of Lot 0 on the" West side of Hamlin Street as expropriated
by Department of Hiqhways by Plan No. 561 regis~red on the 13th ;¡
day of July, 1962. . ':
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AFFIDAVIT AS '1'0 AGE AND MAIUTAL STATUS
. .
Thomas Farrell and Marjorie Caroline Farrell
Township of Kincardine
In tile County of Bruce
..... 08110 and ""7'
When we
ex_led the attached ...tnment.
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(SEVERALLY)SWORNbefOremeetlloethe )~ ~." / ._A H //
Town of Kincardine, in ~~ ~~
County of Bruce
11018 22nd da)'ol November 1974 0; . . ¿1' ~ c L¿17
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./ ·"-':-L,O~'" FO" TAICING AF...DAVIT.. ftC.
WIŒCI' a. en:DU, tmMMISC1!!NI!R. EI'Ø.
BRUCE COUNTY. FOR NORMAN A.. SHEPHUIf.
IlARRISTBR. EXPIRES SEPTEMHER 24. '878.
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Transfer/Deed of Land
AtlM'ttded NOW. .",
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Fonn t - ....... IIe IIIndIon Refonn Act
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(1) ........, !g
L.... T.... : J (2) PIIge 1 01 3 pages a
03289911
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Block
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ã CIRTIFlCATE or RECISTRATlOII
,.BRUCE (3) WAUERTON
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TWO----------------------- ~qn$ 2.00
(51 Ducr"IAn ThIe I..: Property 0 property 0
OMolon ConeoIIdatIon
Parts Lots "0" and "T", West of Hamlin Street"'"
own of Kincardine, 'County of Bruce~~pgether
ith an Basement over part Lot "T".anð~rcel
Plan-2, Section M-33
o s described in schedule attached at page 2
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¡ DelcrlplIon 0
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Together with an easement
¡t, T....IIIIIN(e) The trano/eIoI her8by ..........1IIe _ to the ........... .... ___ Ihet IIIe t~ Is at '-at eIgI...... _ old .... lllel
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nar".Ley "a son, ",anager/,", " ,.-r" ('.1',,' "
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)F.1'HBI.TOWN..oF. .KINCAJU1INB......,.......... ...,......,.....,........ 0 ~....'t. r·o c>. .~.. ·\J·"t ,~
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lIT 81
385 Queen Street, Kincardine, Ontario N2Z 2R4
Data at 8....
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INCAR~INE ¡ ¡ I
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lor 707 Queen Street, Kincardine, Ontario N2Z 1Z9
113) T~ The lranIIaror VIIrifiea IhalIo 1118 basi 011118 translefor'. knowIadga and beIiaI,lhia DnsIer does not contravene aecIion 50 0/ 1118 Planning Ad,
, Date at SlGnalure Data 01 Signa.....
t Y MO, Y Mf 0
;tgnoIura. .:. . . . . . . , , . . . . . . . , . . , . . ,I. , . . , .I. .. . . . SIgna......o......,........... 0 . . . , , .!. , . . . .i. . . .. , , '
lollcltor lof T.....arorc.' I have axpIeInad lhe effect oIaecIion 50 0/ "'1'I8rw*Ig Ad 10'" 11'''-''' .... I have mede inquiries 0I1IIe tranoll!l'or 10
!alar...... ,*Ihia ..... doas not contravene Ihet aecIion and '-d 0<11118 ilbmalloo. auppIIad by ...Ir..-.... to'" basi 01 my knc~" ¥....
1IIaI. .... ........ does not C:""h"lIlhoI aecIion, I em .. 0nI00b aoIcIIat In good 1InIIng. Data of Slane.....
tWM.... ' , y Iii. 0
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SaIIcIIar : sagn.ture. . . . . . . . . . . . 0 . 0 . . 0 . 0 0 . 0 . . . 0" . . . . . 0 . . ,þ. . .
114) _or lor Tranale-C.ll haVIIInvesIiøaIad 1118 ilia 10 .. 11m and 10 abuIing 11m _a ralavant .... I em saIIsIiad thai 1118 ... records
I IWIIII no contrevention 88 set DUlin UIdiuoa 50 (22) (c II "'Ihe PlannIng Ad iInd lhello 1118 basi '" my kr.o..ladge and baIeIlhia 11'....
.... not ""'*-MI18Ction 50 011118 I'Iarri1g AcLI ect """4.AIi' 01... aai:IIor b Ihe ........(II and I em.. 01IIñi soIciIor In good 1IInIk1g.
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SIgnIture. . . . . . . 0 . . . . . . . 0 . . . 0 . . . . . . .10 . 0 . . . t . . j. . 0 0
of
MunIcIpal
Rail N.........
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41 22 000 003'104011
(17) 0--11.... ad IIr:
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Fees _ Tal
It ass~gned
MAHOOD & DARCY
Barristers & Solicitors
313 Lambton Street, Box 388
Kincardine, Ontario N2Z 2Y8
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Page 2
SCHEDULE
~tlon:
FIRSTLY:
Parts Lots "0" and "T", West of HamlIn Street, Plan 61, Town of Kincardine,
County of Bruce, now shown as Part 3 on Reference Plan 3R-3680.
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Part Lot "0", West of HamlIn Street,1Town of Kincardine, County of Bruce, now
shown as Part 1 on Reference Plan 3R-3885.
TOGETHER WITH AN EASEMENT for the installation, maintenance, repair and
repJacement of water mains and appurtenants and related electrical equipment
and Unes over and in the 1ands more parUcularJy described as fonows:
.. Firstly: Part of Parcel Plan-2, Section M-33, Town or Kincardine County or
Bruce, now shown as Part 1 on Reference Plan 3R-3829. (JdI:N 6 ;l....-r Q; BJ..Þ:-,,¿ c.
fl.l¡t-J "" '73
pl$.J ItJ
Secondly: Part of said Lot "T", Town of KincardineI' County of Bruce, now
shown as Part 2 on Reference Plan SR-3680, W¿$'y *,,,¿ llio~ IdN s:;..-
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made In duplicate the 7th
one thoueand nine hundred and seventy-four
~~~~~~.~~~øM
.f1Þffn
day of November
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GRACE' RAINEY, of the Town of Kincardine,
in the County of Bruce,
Hereinafter called the Grantor
,
OF THE FIRST PART
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THE CORPORATION OF THE TOWN OF KINCARDINE,
Hereinafter called the Grantee
OF THE SECOND PART
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BttnføørtfJ that In eGII8Ideratlon of OTHER GOOD AND VALUABLE
CONSIDERATION AND THE SUM OF !WO-----------------------------
______________($2.00)--------------------------------- ~8
lawful money of Canada now paid by the said ,",ntlle to the said grantor (the reœ
whereof 18 hereby by her acknowledged) s he the..1d grantor DOrJI
GRANT unto the said graDtee In fee simple
ALL and SIquIar that certaID parcel 01' tI'Iet of land and ........,."'. IItwlte, I,.... ·
beIDa, in the Town of Kincardine, in the County of Bruce, and
Province of ontario, ,and bei~q composed of all of Lot le~r (
West side of Mill Street, in the said Town of Kincardine". ¡'UN
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Al'nDA VlT All TO 04.08 AND IL\BITAL BTATU8
Grace Rainey
TOIID of Kincardine
I. tho County of Bruce
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SCHEDULE "K"
COMMUNICATIONS REQUIREMENTS
Unless specified otherwise in Schedule "0", for the purposes of this Schedule "K" the Recipient
shall follow the SuperBuild requirements and not the Canada-Ontario Infrastructure Program
("COIP") requirements.
Purpose orScbedule
This Schedule describes the Recipient's responsibilities and financial obligations involved in
producing, installing and maintaining signs and plaques as well as in arranging announcements and
ceremonies for the Project.
General PrinciDles
The Recipient will work with the Ministry's officials and other partners to undertake communication
activities ensuring equal recognition of all parties making a significant financial contribution to the
Project.
All ceremonies, events, signs and plaques will follow these Communications Requirements and any
other requirements that may be specified by the Ministry, from time to time,
All parties making a significant financial contribution to the Project shaH receive equal recognition
and prominence when logos, symbols, flags and other types of identification are incorporated into
announcements, ceremonies, signs and plaques unless the Ministry provides otherwise.
All announcements and ceremonies will be organized jointly with equal participation from all parties
making a significant financial contribution to the Project.
Both official languages will be used for public information, signs and plaques in accordance with the
French language services standards for Ontario in the case of SuperBuild and/or Canada in the case
of COIP,
Sil!ns and Plaaues
If the Project has more than six months to completion (fTom the date of this Agreement), the
Recipient is to display one of two types of signs - a SuperBuild capital project sign or, as
appropriate, a Canada-Ontario Infrastructure Program sign in a prominent location related to the
Project.
The Recipient must comply with the SuperBuild Visual Identity Manual when designing all signs and
plaques and, as appropriate, the COIP style guide as set out below:
· SuperBuild's Manual and digital templates in a variety of formats are available from
SuperBuild's password-protected Partner Centre on its Web site at
www.SuDerBuild.20v.on.ca. For passwords and other information, please contact the
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SuperBuild Standards Advisor by phone at 416-325-0424, fax at 416-325-8440 or e-mail
at Standards.AdvisorapSuDerBuild.!Zov.on.ca.
. COIP style guide and digital templates are available from the COIP Web site at
www.ic.E!c.calcoip-Dico. For information please contact the Industry Canada Standards
Advisor by phone at 416-954-6652, fax at 416-954-6654 or e-mail
schmitt.comelia@ic.gc.ca,
The Recipient will ensure that proofs of all SuperBuild, or, when applicable, COIP capital project
signs and plaques are reviewed by the Ministry before installation.
Responsibilities
The Recipient is responsible for erecting SuperBuild or, when applicable, COIP capital project signs
indicating all Senior Government (for the purposes of this Schedule, "Senior Government" means
the Ministry in the case of a SuperBuild only Project and both the Ministry and the Federal
Government in the case of a COIP Project) Financial Assistance and any municipal contributión
toward the Project at all sites, facilities, etc. where the Financial Assistance is being used.
The Recipient shall erect signs and install plaques as directed by this Schedule. The relevant
standards and procedures are outlined in the following paragraphs.
· External Project Signs (Temporary)
· External Project Signs (at least 120cm high x 240cm wide / four feet high by eight feet wide) are
required where the Maximum Financial Assistance exceeds $50,000, the Project is underway and
where the duration of the Project is longer than six months. Larger signs (240cm high x 360cm
or 480cm wide / eight feet high by twelve feet or sixteen feet wide) are required where the
Maximum Financial Assistance exceeds $2,500,000, where the Project is underway and where
the duration of the Project is longer than one year.
· External Project signs shall follow the approved design and guidelines outlined in the SuperBuild
Visual Identity Manual and, as appropriate, the COIP style guide. These guidelines provide
specifications such as the required positioning of government logos and those of its public and/or
private-sector partners, as appropriate.
· Both official languages will be used for public information, signs and plaques in accordance with
the French language services standards for Ontario in the case of SuperBuild and/or Canada in
the case ofCOIP.
· The Recipient will submit proofs via e-mail or fax of the external project signs to the person
directed by the Ministry for approval.
· The Recipient will oversee the manufacture of the sign and ensure that the selected location of
the sign does not restrict accessibility, pose any hazard or interfere with facilities and services
(e.g. electrical systems, drainage, etc.).
· The Recipient shall ensure that the Project signs are erected in prominent locations at the Project
site as soon as possible after the execution of this Agreement and no later than 30 days afteithe
start of construction. Erected signs should be maintained for up to 60 days following Project
·
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completion. The Recipient will arrange for sign removal and re-cycling following the 60-day
period.
· Signs should be freestanding, securely assembled and erected, away from other distracting signs,
No other sign, including those of design and/or engineering firms and/or contractors involved
with the Project, should be attached to the Project sign.
· The Recipient is responsible for sending to the person directed by the Ministry, within 45 days of
receipt of the Ministry's approval of design proofs, a photograph (digital orothelWise) which
portrays the erected sign in relation to the Project.
· Where the Maximum Financial Assistance does not exceed $50,000, the Recipient may, at its
option, install a sign (following the requirements of this Schedule) and the costs associated with
so doing will be an Eligible Cost in accordance with this Schedule,
Plaaues (Permanent)
Upon completion of a Project where the Maximum Financial Assistance exceeds $500,000, the
Recipient will install a permanent plaque.
Permanent plaques may follow the design outlined in the SuperBuild Visual Identity Manual or
the COIP style guide or use a style suited to the building, provided all governments and partner
logos are included,
Costs for plaques shall be part of the Project's Eligible Costs in accordance with this Schedule,
The Recipient will submit proofs of the plaques to the Ministry for approval.
Both official languages will be used for public information, signs and plaques in accordance with
the French language services standards for Ontario in the case of Super Build and/or Canada in
the case ofCOIP.
· Upon completion of a Project where the Maximum Financial Assistance does not exceed
$500,000, the Recipient may, at its option, install a permanent plaque (following the
requirements of this Schedule) and the costs associated with so doing will be an Eligible Cost in
accordance with this Schedule.
Elil!:ible Costs
External Project Signs (I'emporary)
Small sign: 120 cm high x 240 cm wide/4 feet by 8 feet
Production - $1,250
Installation - 1.000
TOTAL 52.250
Large sign: 240 cm high x360cm widel8 feet by 12 feet
Production - $2,250
Installation - 2.000
TOTAL 54.250
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Plaques (permanent)
Plaque: 60 cm high x 90 cm wide12 feet by 3 feet
Cast Bronze $2,500
Stainless Steel $1,200
Aluminum $1,900
Acrylic $800
Announcements and Ceremonies
All governments must be equally represented at events.
When asked by elected representatives or designated officials from the Senior Government, th,!=
Recipient will coordinate a mutually agreeable venue. date and time for the event in light of the
availability of the all government participants from all levels of government.
The Recipient may invite other elected officials and members of council. The Recipient should also
invite local interested parties, such as contractors, architects, labour groups, and community leaders.
After the participants, date and location have been determined, the Recipient should send out
invitations to all guests.
When appropriate. the Recipient should invite the general public by posting notices in public areas,
such as post office and libraries or by placing public service announcements in the local media,
All written communications (invitations, public service announcements, posters, etc,) must indicate
that the Project received Financial Assistance from SuperBuild, or, when applicable, COIP.
The Recipient could arrange for light refreshments to be served after the event, for example coffee,
tea, juice and donuts.
The Recipient will have an opportunity to provide input into the agenda, media advisory, news
release, etc, and will receive final copies in advance of the event,
Depending on the size of the event site, a specially designed program backdrop, banner and/or lectern
sign will be provided to the Recipient. Federal, provincial and municipal flags should also be on
display at all COIP events.
Responsibilities
The Recipient will:
· make all local arrangements (e.g., podium, flags as appropriate, seating for speakers, shovels for
ground-breaking ceremonies or ribbon for opening ceremonies, etc.) if required;
. produce invitation and guest list and distribute invitatic;ms; ,
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o display Project material (could include information on other SCTP Initiative projects in the
municipality);
o choose a Master of Ceremonies, if required;
o arrange for refreshments if desired; and,
o arrange for a public address system if appropriate.
Eligible Costs
The Senior Government will fund a portion ofa recommended event (sod tuminS, plaque unveiling,
ribbon-cutting, official opening) in accordance with this Agreement. In order for a cost to be
considered an Eligible Cost for the purposes of this Schedule, the Ministry must pre-approve the
budget related to the event. No more than $750 of Eligible Costs will be considered by the Senior
Government.
Only costs associated with events recommended by the Senior Government will be considereq
Eligible Costs,
The Project may be of such regional or provincial significance that it warrants a major event (such
determination to be made by the Ministry, in its sole discretion). If this is the case, specific Project
budgets above $750 in Eligible Costs may be permitted with the prior approval of the Ministry.
For the purposes of announcements and ceremonies, Eligible Costs include the following:
o Printing and mailing invitations
o Refreshments.
o Draping for plaque unveiling
o Project material for display and/or media kit
o Temporary signage
o Rentals such as:
o flagpoles
· stage
· chairs
· podium
· P A system
·Only light refreshments such as coffee, tea, donuts, muffins will be considered Eligible Costs.
The cost of certain items such as alcoholic beverages, china, tents, waiters, guest mileage or
transportation, wine glasses, lamps, tea wagons, plants, photographers and gifts are not Eligible
Costs.
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THE CORPORATION OF TIlE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2002 - 48
A BY-LAW TO AUTHORIZE THE SIGNING OF
AN AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO REPRESENTED BY THE MINISTER OF TOURISM,
CULTURE AND RECREATION (SUPERBUILD SPORTS, CULTURE
AND TOURISM PARTNERSHIPS INFRASTRUCTURE INITIATIVE)
WHEREAS the Council for The Municipality of Kincardine deems it advisable to
enter into an Agreement with Her Majesty the Queen in Right of Ontario as
represented by the Minister of Tourism, Culture and Recreation as part of its
participation in the Ontario SuperBuild Corporation's new Sports, Culture and
Tourism Partnershjps (SCTP) Infrastructure initiative;
AND WHEREAS the Minister of Tourism, Culture and Recreation is prepared to
provide to the Corporation of the Municipality of Kincardine financial assistance in
the sum of $179,550.00 under the SuperBuild SCTP Infrastructure initiative;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Corporation of the Municipality of Kincardine enter into an agreement
with Her Majesty the Queen in Right of Ontario as represented by the Minister
of Tourism, Culture and Recreation.
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CERTlFICA'TE OF INJURANCE
In consideration of an additional premium of $1.00 (receipt or whi<:h Is hereby acknowledged) !he
IOSUnlr(s) signatory hereto, hereby recognize Ine Certific:ilt8 Holder as an Additionallnsurvd under
the pclicy to the extent of the Insurance Applicable. as idenlified herein. The ineurer(s) funner
declare lhat such ìnsuranœ will not be canceled or changed In such a menner as to '''ect ttle
protection given by this Cerilflcate to the Certificate Holder wittlOut less than thirty (30) days prior
notice to I/'Ie Certificate Holder by penaonøl delivery or by registered mail and. If by regicle~ mail,
such notice shaM oomrnenœ to run from Ihe day following receipt or the regi8tered letter at the
post office to which it Is addressed. The insurance afForded to the Certificate Holder Is SUbject 10
the terms, conditions and exclusions of \he undar-noted pollcy(s).
NAMED INSUREO
..
Corporation of tll. Town of KincardIne
PERIOD OF INSURANce
TYPE OF POLICIES:
From Januuy 1, 2002 To January 1, 2003
Both dates at 12:01 AM Standard Time in Toronto. ON
Bodily l'1iury, Property Darnage. Personal Injury, Products and
Completed Operations Liability, Emplo)'ers Liability. Voluntary
CompensaVon. Non-owned Automobile Uability. InCluding
damage to hired autos and conlrëlctual liability end Tenants
Legal Liability for all premise& and operations including Cross
Uability, Contradual Liability Bnd Independent Contractors
Subject to the Limit of Liability idenfJfied herein and
Property Insurance - all rilk. including Flood & Earthquake. on
a Replacament Cost basis, with No Coinsurance subjQct to the
exclusions. conditions and other terms of the policy and
PublIC Officials Liability subject to the Limit of Uability Iden~fled
herein
CERTIFICATE HOLDER I
ADDITIONAL INSURED:
Her Majesty the Queen, in r1gh1 of Ontario. as represented by
the Ministry Of Tourism, Culture and Recreation
COVERAGE I
LIMIT
Ceneral L.lability
$5,000,000
Property. All Risk
$42.247,000
Blanket Limit
Public Officials
Liability
$5,000,000
but only with respect 10 liability arisIng out of tne OPÐr.ltlons of
the Named Insured In rcspect to the SUpeRBUILD initiative
and only to the extent that the Named Insured ia obligated by
written contract to provide the above described InsUr.lnce for
the protection of the Certificate Holder.
IHSURER(S) & POLICY NO.
AUTHORIZED ftEPRlii8ENTATlVE
Zurich Canada
Policy No, 8501437-
02PC002
Zurich C"nada
PoRcy No. 8501437-
02PC002
Zurich Canada
Policy No. 8501431 -
02PC002
Jardine OME Division of
Jardine Lloyd Thompson Canada LId.
(\}~
Box 3. Suite 100,55 U"iverslty Avenue, Toronto, ON MSJ :i!H7
Telephone 410-941-9551 or 1-e00-268.9189 Facsimile 418-941-9323
form.IOOpclllOl> 01FebOO (Isouo D~fo 15-Apr-2002)