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HomeMy WebLinkAboutKIN 94 070 Sp - Dave Small
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1994-70
A BY-LAW TO AUTHORIZE THE SIGNING OF A SITE PLAN AGREEMENT
WITH DAVID SMALL.
WHEREAS the Council for The Corporation of
Kincardine deems it advisable to enter into
agreement with David Small;
the Town of
a site plan
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. That The Corporation of the Town of Kincardine enter into
a site plan agreement with David Small to ensure
appropriate development of those lands described as Lots
54 and 55, east side of Princes Street, Plan 61, Town of
Kincardine.
2. That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with David Small which is attached to this
by-law and to affix the Town's corporate seal as and when
required.
3. This by-law shall come into full force and effect upon
. its final passage.
4. This by-law may be cited as the "David Small Site Plan
Agreement By-law" .
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READ a FIRST and SECOND time this 27th day of October, 1994.
READ a THIRD time and FINALLY PASSED this 27th day of October,
1994.
~~~
~LC~
C erk
Mayor
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SITE PLAN AGREEMENT
This ~ made this 27th day of October, 1994.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
SMALL, DAVID
herinafter called the "owner"
of the Second Part.
WHERBAS the Owner represents that
owner of those lands in the Town of
Bruce, described in Schedule "A"
forming part of this agreement;
AND WHEREAS the parties hereto agree that the lands
affected by this agreement are as set out in Schedule "A"
attached hereto;
he is the registered
Kincardine, county of
attached hereto and
AND WHEREAS the Town
By-law pursuant to
Planning Act, R.S.O.,
has enacted a Site Plan Control
the provisions of Section 41 of
1990, c.P.13, as amended.
Area
the
AND WHEREAS the covenants, agreements, conditions and
understandings herein contained on the part of the Owner
and the Party of the Third Part, if any, shall run with the
land and shall enure to the benefit of and be binding upon
the parties hereto and their heirs, executors,
administrators, successors and assigns, as the case may be,
and shall be appurtenant to the adjoining highways in the
ownership of the Town.
NOW THEREFORE THIS AGREEMEN'l' WITNESSETH THAT in
consideration of the approval of the plans for the
development on subject parcel of land by the Town and the
sum of ONE ($1.00) DOLLAR, the receipt of which is hereby
admitted, the Owner for himself and for all successors in
title, HEREBY AGREES with the Town as follows:
PART A - GENERAL PROVISIONS
1. The parties to this agreement hereby agree that the
Owner as herein stated is the registered owner of
those lands described in Schedule "A" to this
agreement and the lands affected by this agreement are
as described in Schedule "A" to this agreement,
hereinafter called the "subject lands".
2. The Owner hereby releases the Town, its servants,
agents and contractors from any and all liability in
respect of the proper maintenance and operation of the
matters and facilities required by this agreement.
The Owner agrees to allow the Town at its sole expense
and in its sole discretion to register or deposit this
agreement in the Registry Office for the County of
Bruce against the "subject lands".
3.
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4.
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site Plan Agreement
The Owner will at all times indemnify and save
harmless the Town on a solicitor and client basis from
all loss, costs and damages which the Town may suffer,
be at or be put to, for or by reason of the execution
of this agreement. The Party of the Third Part joins
herein to consent hereto and to bind its interest in
the lands hereto.
5. The clauses of this agreement are independent and
severable and the striking down or invalidation of any
one or more of the clauses does not invalidate all or
any of the remaining clauses.
6. Nothing in this agreement shall relieve the Owner from
complying with all applicable municipal requirements.
7 . The owner hereby grants to the Town, its servants,
agents and contractors a license to enter the "subject
lands" for the purpose of inspection of the works and
the "subject lands" or for any other purpose pursuant
to the rights of the Town under this agreement.
PART B - SITE DEVELOPMENT AND MAINTENANCE PROVISIONS
8. The Owner agrees to undertake development on the
"subject lands", at his sole expense, in conformity
with the site plan as detailed in Schedule "B"
attached hereto, which shall hereinafter be referred
to as the "approved site plan".
9. The Owner agrees to provide, install or otherwise
abide by, at his sole expense, the site development
requirements as detailed in Schedule "C" attached
hereto.
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10.
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a) Upon completion of
lands" in conformity
agreement, the Town
compliance.
b) "Certificate of Compliance" shall mean a statement
of the Town as to the substantial completion of the
works, matters and facilities required by this
agreement and shall not be deemed to certify
compliance with any other municipal requirements,
regulations, or by-laws, and the Town shall not be
stopped from pursuing any or all of its rights to
enforce the continuing obligations of the Owner under
this agreement or to enforce any other of the Town's
requirements, regulations or by-laws which relate to
the subject lands.
the development of the "subject
with the provisions of this
shall issue a certificate of
The Owner hereby acknowledges that failure to complete
all required works within the specified time period
shall mean a certificate of compliance will not be
issued until such work necessary to complete the
development is done, and that until such certificate
of compliance has been issued, in the event that the
prescribed time period has lapsed, the Town has the
right to refuse issuance of any permit necessary to
carry out any additional work on the "subject lands".
12. All maintenance and repair of facilities and matters
required by this agreement shall be done by the owner
from time to time at his sole risk and expense and the
owner agrees the "subject lands" will not be issued in
any matter which will impede or prohibit performance
of the maintenance provided for in this agreement.
11.
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page 3
site Plan Agreement
13. The Owner agrees to maintain in good repair and at his
sole expense the "subject lands" in conformity with
the provisions of Schedule "B" (approved site plan)
and Schedule "C" (site development requirements), and
all other requirements pursuant to this agreement, and
all repair or maintenance shall conform with the
requirements of this agreement as it applied to the
original development.
14. The owner agrees that all vaults, container,
collection bins and other facilities which may be
required for the storage of garbage and other waste
material shall be kept within a completely enclosed
building or a completely enclosed container in the
location as shown on Schedule "B".
15. The owner agrees that, at his sole expense, all
parking areas provided on the "subject lands" shall be
reasonably in all circumstances, maintained clear of
snow so as not to prohibit or block or in any way
restrict access along any driveway, walkway for
vehicular and pedestrian traffic or reduce the number
of useable parking spaces below the minimum number of
spaces required by the Town's zoning by-law. The
owner agrees not to store snow on-site such that it
blocks visibility adjacent to a street or drainage
facilities on-site or where adequate drainage
facilities are not provided or where melt water would
adversely affect an abutting property.
16. The owner agrees to maintain at his sole expense and
in good repair to the standards acceptable to the Town
all landscaped open space, private driveways and
complementary facilities, and private approach
sidewalks which are located on untraveled portions of
Town owned road allowances abutting the subject lands.
17. The owner agrees that all facilities and matters
required by this Agreement shall be provided and
maintained at its sole risk and expense and to the
satisfaction of the Town and that in default thereof
and in the sole discretion of the Town, the Town may
perform such requirements at the expense of the owner
and such expense may be recovered by the Town in like
manner as municipal taxes within the meaning of
Section 326 of the Municipal Act, R.S.O., 1990,
c.M.45, as amended.
18. The owner agrees to do the following:
a) subject to The Public Transportation and Highway
Improvement Act, R.S.O. 1990, facilities, to provide
access to and from the lands such as access ramps and
curbings and traffic direction signs;
to dedicate to the Town, free and clear of all
encumbrances, all Easements and lands required by the
Town for the construction, maintenance and improvement
of any existing or newly required watercourses,
ditches, land drainage works and required
watercourses, ditches, land drainage works and
sanitary sewage facilities on the land and, on request
by the Town, to deliver the properly executed
documents in a form that can be registered, to the
Town in order to complete the dedication to the Town
and to pay all costs incurred by the Town in respect
to the aforementioned dedications;
b)
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Page 4
site Plan Agreement
c)
to, where required by Town resolution, dedicate to the
Town widening of highways that abut on the land
described in Schedule "A" attached hereto, free and
clear of all encumbrances.
PART C - DEFINITIONS
19. In this Agreement and the Schedules attached hereto:
i) "Building Area" shall mean the only area upon which
the erection and use of buildings and structures shall
be permitted.
ii) "Landscaped open Space" shall mean the areas of open
space comprised of lawn and ornamental shrubs, flowers
and trees and may include space occupied by paths,
walks, courts, patios but shall not include parking
areas, traffic aisles, driveways and ramps.
iii) "Parking Area" shall mean the areas of open space
other than a street to be used for the parking of
motor vehicles and access ramps and driveways to areas
used for the parking of motor vehicles which shall be
clear of buildings and structures except those
accessory to the operation of the parking area, and
which shall be available and maintained for the
parking of motor 12H vehicles including maneuvering
aisles and other space necessarily incidental to the
parking of vehicles.
iv) "Natural Open Space" shall mean the areas of open
s~7e which are to remain in a natural state with a
~n~mum amount of maintenance, but shall not include
areas of outside storage, parking areas, traffic
aisles, driveways or ramps, or Building Area. Natural
Open Space areas shall be subject to the requirements
of the Maintenance and Occupancy (Property Standards)
By-law as amended from time to time for the Town and
shall be kept clear of all weeds and natural growth
which is prohibited by other Town by-laws. Areas of
Natural Open Space may include areas of Landscaped
Open Space.
1M WITNESS WHEREOF the Town has hereto affixed its
corporate seal attested by the hands of its mayor and clerk
this 27th day of October 1994. The parties have hereunto
set their hands and seals this 27th day of October, 1994.
SIGNED, SEALED AND DELIVERED
in the presence of
)
) THE CORPORATION OF THE TOWN
) OF KINCARDINE
) .
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) DAVID SMALL
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SCHEDULE nA"
All and singular that certain parcel or tract of land,
situate lying and being in the Town of Kincardine, County
of Bruce, and more particularly described as Lots 54 and
55, east side of Princes street, Plan 61, Town of
Kincardine.
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SCHEDULE "B"
SITE PLAN
Lots 54 & 55, Plan 61, 365 Kincardine Ave.
(Small, David)
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"APPROVED SITE PLAN"
4A_//~N" .
CLEPlK ADMINISTRATOR
TOWN OF KINCARDiNE
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DYE a DlINtAM co. INC.-Form No. 1186
Amended NOV. 1112
Document General
f'onn 4 - Land lleglatratlon Ralorm Act
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CERTIFICATE OF REGISTRATION
307789
(1) Reglolry iii
(3) Properly
Id"'-r(I)
Additional:
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(4)N....,.,oIDocument SITE PLAN AGREEMENT R.S.O. 1990
C.P. 13 Sub. Sec 40(4) The Planning Act
La"d TIItao 0 (2) Pogo 1 01 6 pagas
Block Property
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"94 NOV 17 A10 :20
(5) Conofdarallon
I.Md RegInr
N / A Dollars $
(6 Deocrlptfon
Lots 54 and 55, East Side of Princes Street
rl , (1, Town of Kincardine. County of Bruce.
Now Property Idantillers
Additional:
~hedule 0
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(a) Radalcription
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PlanlSkatch
(b) Schadula lor:
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Addllfonal
Deøcriptlon 0 Partlao 0 Other 0
(6) Thlo Document pro¥ldel _ loIloWl:
.Site Plan Agreement Attached as Schedule "A"
Conllnuad on Schadula 0
(9) Thll Docume"t rela"" 10 Inl!rument number(l)
(10) Party(lel) (Set out Stalus or Intarest)
Name(s) Data 01 Signatura
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\..tares. anJ:"..yor - t-~.;..·: l
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(11) Address
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''107 ueen Street
(12) Party(las) (Set out Status or Interest)
Name(s)
Kincardine Ont N2Z 1Z9
Slgnatura(s)
Date of Signature
Y M D
SMALL, David
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(13) Add....
10rSemoo 355 Princes Street, Kincardine, On tario
unlcfpal AddreSl 01 Property (15) Document Prapared by:
355 Princes Street, Maureen A. Couture,
Kincardine, Oritario Town of Kincardine,
N2Z 2T7 707 Queen Street,
KINCARDINE, Ontario
N2Z 1Z9
N2Z 2T7
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SCHEDULE "B II
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1994-69
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A BY-LAW TO AUTHORIZE THE SIGHING OF AN AGREEMENT WITH THE
MIHISTER OF MUNICIPAL AFFAIRS UNDER THE CANADA/ONTARIO
INFRASTRUCTURE WORKS PROGRAM FOR THE CONSTRUCTION OF A FIRE
HALL.
WHEREAS the Council for The Corporation of the
Town of Kincardine deems it advisable to enter into an
agreement with the Minister of Municipal Affairs for a grant
under the Canada/Ontario Infrastructure Works Program for the
construction of a fire hall.
HOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1. That The Corporation of the Town of Kincardine enter into
an agreement with the Minister of Municipal Affairs for a
grant under the Canada/Ontario Infrastructure Works
Program for the construction of a fire hall. .
That the mayor and clerk be authorized to sign, on behalf
of The Corporation of the Town of Kincardine, the
agreement with the Minister of Municipal Affairs which is
attached to this by-law and to affix the Town's corporate
seal as and when required.
3. This by-law shall come into full force and effect upon
its final passage.
2.
4. This by-law may be cited as the "Fire Hall Infrastructure
Grant Agreement By-law".
READ a FIRST, SECOND and THIRD time and finally passed this
27th day of October, 1994.
~~~
. I, Ma.ur~~A,:-.C~'t~e, CI81;}c of The Corporation of
.. theß~-bf Kiñ~i.pe do hèt.eby certify this to be
a ~:-and comple'l;e:;c.opy of By-law No. 1994-69, passed
b¥§~ CotmCil of t1'ìe~ Town of Kincardine at its meeting
he;d=.àn:~ 2Zth dâ.~ of October, 1994.
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. 1. MUNICIPALITY: Corporation of the Town of Kincardine
2. PRoJECT NAME: Construction of Fire Hall
3. PROJECT NUMBER: M4140201
4. PROJECT DESCRIPTION: Construction of a new fire hall with
supporting services, including training
area, drying tower, meeting room, offices,
e.t.c.
5. LocATION OF PROJECT: Hamlin street, Kincardine, N2Z 2X6
6 . ELIGIBLE PROJECT COSTS:
$950,000
As approved and set out in the attached project
Bxpenditureschedule.
. 7. PROJECT START DATE: May/June 1994
8. PRoJECT COMPLETION DATE:
October 31, 1994
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PRUY ~CTa.T...II1JIITC:rPAL DIPRAS'fttUC'1'1JBB 110_11_ .......
~8 AGRa...ør made this 15th day of June, 1994.
BftWBD:
HER MATESTY THE QUEEN, in right of the
Province of Ontario as represented by the
Minister of Municipal Affairs,
referred to below as the "province",
.aJII) :
THE CORPORATION OF THE TOWN OF KINCARDINE
referred to below as the "Municipality",
WRtIRRa. on January 24, 1994, the Province and Canada
entered into the Canada-Ontario Infrastructure Program Agreement,
which is appended to this Agreement as Schedule "A";
.aJII) WRtIRII:a. Canada and the Province are committed to
the renewal and enhancement of Canada's physical infrastructure;
ARD WRRRRa. it is agreed that Canada and the Province
should invest in the renewal and enhancement of infrastructure at
the local community level;
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AØD ~.aA Canada and the. Province agree that sound
investments in infrastructure can promote a competitive and
productive economy, generate valuable short and long-term
employment and accelerate economic recovery;
AØD WRRDwaA the Municipality is also committed to
working toward this shared goal of investing to improve public
infrastructure and the creation of employment;
AØD WRRD.~ the Municipality, by By-law 1994-69
,
dated November 3
, 1994 and appended hereto as Schedule "B"
authorizes the Mayor, ~~~~~ and the Clerk to
tt enter into this Agreement on behalf of the Municipality;
~ the Province and the Municipality agree as
follows:
1. Definitions
1.1 In this Agreement:
(a) "Canada" means Her Majesty the Queen in right of
canada;
tt
(b) "eligible cost;s" means those costs defined in section
4.1 of this Agreement;
(c) "fiscal year" means the period commencing April 1 of
any year and terminating on March 31 of the
immediately following year;
(d) "Management; Commit;t;ee" means the Management Committee
established pursuant to section 3.1 of Schedule "A";
(e) "Minist;er" means Minister of Municipal Affairs;
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(f) "Part;ies" means Canada and the Province; and
(g) "Project" means a project or projects approved by the
Management Committee pursuant to section 3.5 of
Schedule "A" and as further described in Schedule "C"
of this Agreement.
2. ImDlemèntation
2.1 The Municipality shall implement and complete actual
construction of the Project described in Schedule "C" in
accordance with the terms and conditions set out in
Schedule "C" and in the body of this Agreement on or
before March 31, 1997.
2.2 (a)
If at any time after this Agreement is entered into,
the Municipality becomes aware that it is or may be
in default on either the commencement date or the
completion date for the Project or the projected cash
flows for the Project as set out in Schedule "C", the
Municipality shall give written notice immediately to
the Province, by registered mail, of the actual or
possible default.
(b) The notice shall contain the following information:
(1) detailed reasons and justification for the actual
or possible default; and
·
(2) the revised schedule "C" setting out the new
commencement or completion dates, and projected cash
flows.
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(c) The notice, upon receipt by the Province, shall be
deemed to be accepted unless the Province notifies
the Municipality immediately that further Management
Committee approval is required in order for the
Project to continue as a Project under this
Agreement.
The Municipality is solely and fully responsible for the
implementation of the Project including but not limited
to, the capital costs of the Project and the acquisition
of all land and interests in lands that are required for
the implementation of the Project.
2.4 The Municipality shall be responsible for obtaining all
approvals, permits and licences required by all statutes,
regulations and by-laws necessary for the implementation
of the Project.
2.3
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The Municipality shall implement the Project in compliance
with the laws of the Province of Ontario, including but
not limited to, labour, environmental, human rights and
occupational health and safety statutes and regulations.
2.6 Upon completion of the implementation of the Project the
Municipality shall be responsible for all on-going costs
associated with the operation, maintenance and repair of
the Project.
2.5
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3. Tenders
3.1 The Municipality shall let all contracts relating to the
implementation of the Project in accordance with
purchasing policies of the Municipality or as otherwise
approved by the Council of the Municipality.
To the extent permitted by law the Municipality shall
ensure that when selecting a bid or proposal for work to
be done in respect of the implementation of the Project
that a bid or proposal price preference of up to 10
percent on the Canadian content (all values added in
Canada) of the supplies, equipment and services will be
applied when comparing bids and proposals of Fifteen
Thousand ($15,000) or more, with the exception of cement.
3.2
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4. Financial provisions
4.1 For purposes of this Agreement, "eligible costs" means all
direct costs properly and reasonably incurred and paid
solely and specifically in relation to this project and
for greater certainty means:
(a) costs invoiced against a contract for goods and
services necessary for the implementation of the
Project;
(b) any other costs which are incurred and paid in the
course of implementation of the Project that are
recognized and determined as relevant by the
Management Committee;
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(c) the salaries and wages of any employee of the
Municipality and other employment benefits of any
employee engaged solely and specifically for the
purpose of implementing the Project which costs have
been determined and approved by the Management
Committee, including the salaries and other
employment benefits of any municipal employee in
proportion to the employee's time solely and
specifically devoted to the Project;
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(d) costs related to Project sign age;
(e) contributions in kind which are recorded at the
lesser of fair market value or cost; and
(f) any other administrative costs not otherwise covered
in (a), (b), (c), (d) and (e) above, which have been
determined and approved by the Management Committee;
but shall not include costs which are for:
(g) services or works normally provided by the
Municipality or an agency thereof; .and
(h) the cost of any lands or any interest in land.
(a) The Province shall contribute an amount not exceeding
one third (1/3) of the eligible costs of the Project,
and on behalf of Canada, shall contribute an amount
not exceeding a further one third (1/3) of the
eligible costs of the Project, and the final one
third (1/3) of the eligible costs of the Project
shall be contributed by the Municipality.
(b) If the Municipality receives grants or other
funding from Canada in addition to the funding set
out in this Agreement the Municipality may apply
those other funds to the Project however the
aggregate funding received from Canada from all
sources shall not exceed one third (1/3) of the
eligible costs of the Project.
(c) A Project is not eligible for funding under this
Agreement if the Project receives funding from the
Province under any provincial capital program.
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5. pavment provisions
5.1
The Municipality shall submit to the Province its claims
for payment of the eligible costs of the Project which it
has paid or which it has been billed for but has not paid.
In all instances claims for payment shall be submitted on
or before March 31 of the year following the fiscal year
in which the cost was incurred, but no claim for payment
shall be submitted after March 31, 1998.
5.2 Where the Municipality in accordance with section 5.1
submits a claim to the Province for payment of eligible
costs for which it has been Dilled but has not paid, the
Municipality agrees to supply the Province with proof of
payment of that bill within 90 days of submitting the
claim to the Province.
5.3 In the event that the Municipality does not file the proof
of payment required by section 5.2, the Province may
withhold or reduce future payments to the Municipality;
The Province shall not be responsible for the payment of
any costs incurred before January 24, 1994 in relation to
the implementation of the Project regardless of when such
costs are billed to the Municipality.
5.5 The Municipality shall submit its claims for payment of
eligible costs to the Province on claim forms which will
be provided by the Province.
5.4
5.6 Subject to satisfactory review and approval of the claim
by the Province, the Province shall pay to the
Municipality the Parties' share of the eligible costs.
5.7 The Municipality shall submit with its final claim for
payment of eligible costs a Project Completion Report for
the Project and the said Report shall be submitted on
forms which will be provided by the Province.
5.8 In the event that the Municipality does not submit a
Project Completion Report as required by section 5.7, the
Province shall withhold payment of the final claim.
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6. Financial Records
6.1
The Municipality shall keep separate financial records for
all amounts incurred, claimed, paid and received with
respect to the implementation of the Project.
6.2 The Municipality shall retain and preserve all documents,
contracts, records, claims and accounts that relate to the
implementation of the Project until March 31, 1999.
7. Public Information
7.1 The Municipality shall not make any pUblic announcements
with respect to the approved Project without the prior
written consent of the Management Committee;
7.2
The public information described in section 10 of Schedule
"A", public announcements and official ceremonies
concerning the Project shall be developed and organized by
a joint federal-provincial communications committee in
consultation with the Municipality. Costs associated with
the public information, public announcement or official
ceremony shall be shared equally by Canada and the
Province.
7.3(a) At the request of Management Committee the Municipality
shall install at the appropriate location, and maintain
throughout the duration of the Project, one or more signs
indicating that the Project is an Infrastructure Project
undertaken under the auspices of the Canada-Ontario
Infrastructure Program Agreement or bearing any other such
message approved by the Management Committee.
(b) The cost of the signage referred to in paragraph (a) is
considered an eligible cost for the purposes of section
4.1(d) of this Agreement.
7.4(a) At the request of Management Committee the Municipality
shall install, upon completion of the Project, where
feasible, a plaque or permanent sign bearing an
inscription approved by the Management Committee.
(b) The cost of the plaque or permanent sign referred to in
paragraph (a) shall be shared equally by Canada and the
Province.
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All public information material related to calls and
tenders for the Project, including Project signage, shall
clearly and prominently indicate that funding was provided
under the terms of Schedule "A", and non-compliance by the
Municipality may result in the termination of such
funding.
7.6 (a) All public information material approved by the
Management Committee in relation to this Project shall be
in both English and French.
7.5
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(b) Paragraph (a) does not apply to public information
material related to calls and tenders for the Project
unless the Municipality has passed a by-law pursuant to
section 14 of the French Language Services Act R.S.O.
1990, c.F.32, as amended or re-enacted from time to time.
8. Audit and InsDection
8.1
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upon reasonable notice from either or both Parties the
Municipality shall make available to either or both
parties, and their respective auditors, all documents,
contracts, records, claims and accounts associated with
the implementation of this Project, for inspection.
8.2 Each of the Parties may inspect the amounts of all claims
in respect of the implementation of the Project, and all
documents, contracts, records and accounts, related to the
claims.
8.3 After completion of the implementation of the Project, the
Province may undertake a final accounting and audit of the
actual costs and may make appropriate adjustments in
accordance with the permitted eligible costs. The
Municipality shall immediately refund any overpayment upon
the Province's written request regardless of when the
overpayment is discovered.
8.4
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8.5
If the Province, during its inspection of any of the
documents, contracts, records, claims and accounts
determines that any payment made by the Province has been
used by the Municipality for any purpose other than
implementation of the Project the Municipality shall,
immediately upon written request from the Province, remit
the amounts requested to the Province.
Upon written request from the Management Committee, the
Municipality shall provide the Committee with any
information which is available to the Municipality with
respect to the Project and which the Committee requires
for any purpose.
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9. Indemnification
9.1
9.2
10.
10.1
11.
11.1
12.
12.1
The Municipality shall indemnify and save harmless the
Parties, their Ministers, officers, employees and agents
from and against all claims, demands, losses, costs,
damages, actions, suits or other proceedings by whomsoever
made, sustained, brought or prosecuted, in any manner
arising from any wilful or negligent act, or attributable
to anything done or omitted to be done in the
implementation, operation, maintenance and repair of the
Project.
If the Municipality enters into an agreement with a Third
Party for the purpose of implementing the Project, the
Municipality shall ensure that it is a term of that
agreement that the Third Party shall indemnify and save
harmless the Parties, their Ministers, officers, employees
and agents from and against all claims, demands, losses,
damages and costs of any kind based upon any injury or
loss of property arising from any wilful or negligent act,
omission or delay on the part of the Third Party, its
directors, officers, employees or agents in carrying out
the contract.
Insurance
The Municipality shall maintain comprehensive policies of
public liability and property damage insurance, insuring
the Municipality for all sums which the Municipality may
become obliged to pay as damages by reason of injury to
persons (including death) or damage to or destruction of
property in the course of any activity carried out under
this Agreement.
Time is of the Essence
Time is of the essence in this Agreement and any dates or
deadlines are to be strictly adhered to.
Priority
In the event of conflict between the body of this
Agreement and Schedule "A", Schedule "A" shall prevail. In
the .event of a conflict between the body of this agreement
and Schedule "C" this Agreement shall prevail.
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13. Notice
13.1
Any notices, invoices, reports or communications under
this Agreement shall be given by personal delivery or by
regular mail, posted in Canada, delivered or addressed as
follows:
to the Ministry:
MINISTRY OF MUNICIPAL AFFAIRS
CANADA OIlTARIO INFRASTRUCTURE WORKS PRoGRAM OFFICE
(COIW)
13TH FLooR
777 BAY STREET
TORONTO, ONTARIO
M5G 2E5
to the Municipality:
The Corporation of the Town of Kincardine
707 Q.Jeen Street
Kincardine, Ontario
NZZ 1Z9
Attn: Maureen A. Couture, Clerk-Administrator
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14. Schedules
14.1
15.
15.1
16.
16.1
17.
17.1
18.
18.1
18.2
19.
19.1
Schedules "A", "B" and "C" of this Agreement and the
provisions contained in those Schedules form part of this
Agreement.
Alteration or Addition
No change or modification to this Agreement and Schedules
hereto shall be valid unless authorized in writing by both
the Municipality and the Province.
Binding
This Agreement binds the Province and the Municipality to
it and their respective successors and permitted assigns.
Financial Administration Act
Notwithstanding any other provision in this Agreement all
obligations on the part of the Province and the
Municipality are subject to the Financial Admiuistration
~ R.S.O. 1990, c.F.12, as amended or re-enacted from
time to time.
Failure to ComDly
Where, in the opinion of the province, the Municipality
has failed to comply with any of the terms of this
Agreement, the Province shall give the Municipality
written notice, by registered mail, of the Municipality's
failure to comply.
If the Municipality upon receipt of the notice referred to
in section 18.1 fails to comply with the terms of this
Agreement within fourteen (14) days of receiving the
notice, the Province may recommend to the Management
Committee that it revoke the project and where the
approval is revoked, the Province may recover any and all
funds paid to the Municipality under this Agreement.
Dispute Resolution
Any dispute arising out of the Agreement shall be
submitted to and determined by a court having jurisdiction
in ~he Province to hear and determine such dispute.
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IN WITNESS WHERBOF this Agreement has been executed
on behalf of the Province by the Minister of Municipal Affairs,
and on behalf of the Municipality by the Mayor, Reeve, Warden or
Chair and the Clerk.
OBDRIO ~~
.ioioter of Huniei..: At:'::
GOVB1UlMID1T OF T
PROVINCE 01'
,
J;,..I /' , ,feI 'f
Date
THB CORPORATION 01' THB TCXI1N OF KINCARDINE
Witness
~~~
Charles W..cMànñ ..:.. ---~< '..
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OCT 28 199.4
Date
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Witness
OCT 28 1994
Date
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Clerk .....-'"- - -".'
Ma=een A. Couture
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C"~i\rIQ
Extcutiw. CDuncil
. Conseil de..
ministr.¡
SCHEDULE A
O,C,JDécret' 105/94
I hereby certify that the att~ed is a true copy of an Order made on
. .
January 19th. 1994, by His Honour the Honourable Henry Newton·'
Rowell Jackman, B,A., LLB, Ueutenant Governor of the Province of
Ontario in Council.
Dated at Toronto.
January 20, 1994.
// .¿,¿.-'..¿:..,~
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Députy Clerk, Executive Council of Ontario
.. /
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!aÆ
Order in Council
Décret
OntariO
e..cutive Council
Consetl des mlft<reS
.
On the recommendation of the undersigned. the
Lieutenant Governor. by and with the advi<:e,and
concurrence of the Executive Council. orders that:
Sur la recommandation du soussigné, Ie
lieutenant-gouverneur. sur I'avis at avec Ie con-
sentement du Conseil des ministres, décrète ce
qui suit:
WHEREAS the Government of Canada ("Canada") and the Government of the
Province of Ontario ("Ontario") agree that there is a need to renew and enhance Canada·s and
Ontario's physical infrastructure. notably in local communities;
AND WHEREAS Canada and Ontario agree that sound investments in
infrastructure can promote a competitive and productive eC0!l0my. generate valuable shon and long-
term employment and accelerate economic recovery;
AND WHEREAS Canada and Ontario agree that it is opportune to invest in needed
infrastructure in periods of high national or regional unemployment;
AND WHEREAS Canada and Ontario are committed to env ironmentalsustaina bility
and recognize that infrastructure investments can enhance the quality of the environment;
THEREFORE the Minister of Economic Development and Trade and the Minister
of Municipal Affairs are authorized on behalf of Ontario to enter into an agreement with the
Government of Canada in English and in French in substantially the form· of the agreement attached
hereto,
Recommended
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I
Premier and President
of the Council
Concurred
Q~'\!~I~
Chair of binet
Approved
and Ordered
JAN 1 9· 1994
Date
O.C,/Décret 105/94
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CANAClA
C.P. 1993-7/2182
22 décembre 1993
PRIVY COUNCIL. . CONSEIL PRIVt
(Rec. du C.T. 820960)
·
Sur recommandation du ministre de
l'Industrie, des Sciences et de 1a Tecbnoloqie
at du Consei1 du Trésor, il plaIt à Son
Excellence le Gouverneur qénéra1 en conseil
d'approuver que Ie ministre de l' Industrie, des
Sciences et de la Technoloqie et Ie Président
du Conseii du Trésor et ministreresponsable de
l'Infrastructure concluent, au nom du
·
qouvernement du Canada, une entente de
contribution sur l'infrastructure avec 1e
qouvernement de 1a province de l'Ontario,
laquelle entente est conforme en substance au
projet d'entente ci-joint.
·
C;F¡::T,t'ICC TO BE" A 1'RVE CCÞY ... COPIE C¡;;TI~IE:E CON~OR~
\12 2))
CJ>.NADA-ONTARIO
rNVR~STRUCTUR% PROGRAM AGREEMENT
This Agreement maèe this day of January 1994.
BETWEEN
THE GOVERNMENT OF CANADA (herein
referred to as ffCanacialf)
represented by the Minister
responsible for tnfrastructure and
the Kinister of Industry. Science
anà Technology
.
AND
THE GOVERNMENT OF THE PROVINCE OF
ONTAUO (herein referrl'd to as "the
Province") represented by the
Minister of Economic Development
and Trade and the Minister of
Mun1.cipal Affairs. .
.
WHEREAS Canada and the Province agree that there is a
need to renew anà enhance Canada's and ontario's
physical infrastructure. notably in local communities;
AND WHEREAS canada and ontario a9ree that sound
investments in infrastructure can promote a competitive
and productive economy. generate valuable short and
long-term employment and accelerate economic recovery;
AND WHEREAS Canada and ontario agree that it is
opportune to invest in needed tnfrastructure in
periods of high national or regional unemployment;
AND WHEREAS Canada and Ontario agree that such
investments need to be undertaken. in an efficient and
timely manner;
AND WHEREAS Canada and Ontario are committed to
environmental sustainability and recognize th_t
infrastructure investments can enhance the quality of
the environment;
AND WHEREAS the Governor in council by Order in council
P.C.1993-7/2182 dated. December 22. 1993 haa authorized
the Minister of ìnfrastructure together with the
Minister of ìndustry, Science and Technology to execute
t~is Agreement on behalf of canada;
AND WHEREAS the Lieutenant Governor in Council. bY
Order in council of the day of 199 . has
authorized the Minister of Economic Development and
Trade and the Minister of Municipal Affairs to enter
into this Agreement on behalf of the Province of
Ontario I
.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the premises. covenants and agreements
herein contained. the parties hereto covenant and agree
as follows: .
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(n)
"Þrovincia~ Imp~eInentil1g M1n1ster" means the
Minister of Economic Development and Trade
and includes anyone authorized to act on the
Minister's behalf;
"Provincial Minister" means the Minister of
Municipal Affairs and includes anyone
authorized to act on the Minister's behalf;
"Provincial Minister(s)" means the Provincial
Minister and the Provincial Implementing
Minister; and
"ThircS Party'· tneans any person, other than a
Party to this ~reement or a Contributor,
with whom an agreement is signed for the
completion of a project..
~.2 Words in the singular include the plural, and
words in the p~ural include the singular.
2.0 pnpOSB
.,
2.1 The purpose of this Agreement is to enable CANADA
and the Province of ONTARIO. in co-operation,
where and as appropriate, with Contributors to
undertake a program of investment in order to:
renew and enhance the quality of Canada'.
and ontario's infrastructure which is
instrumental in the provision of pub~ic
services, notably in local communities; and,
. provide for timely and effective employment
creation.
.
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3.0 MANAGEMENT AND COORDINATION
~stablishmênt and Internal rules
3.~ A Management Committee shall be established to
administer and manage this Agreement. It shall
consist of four members, two to be jointly
appointed by the Federal Ministers and two to be
appointed by the Provincial Minister (s). In .
addition, the Federal Minister and the Provincial
Minister may each appoint one representative as an
ex-orricio member of the Management Committee.
The Management committee shall continue to exist
and operate ror as long as necessary to mèet the
requirements of the Agreement.
3.2 The Management Committee shall be headed by two
Co-chairs, one fro. the two federal members, to
be known as the rederal Co-chair, and one from the
two provincial meabers, to be known as the
provincial Co-chair. The rederal and provincial
member. not appointed as Co-Chairs shall act, in
absence ot their Co-Chai.r, as the substitute.
3.3 The Kanagement comaittee shall meet on a time~y
basis at SUCh placas and on such dates as may be
agreed by the Co-cbairs. A quorum for all
meetings of the Management Commi.ttee shall be made
or the Canada Co-chair or substi.tute member and
the Provincial Co-chair or substitute member;
3.4 Decisions of the Management Committee can only be
.
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A.dministrii!!lltion
.
3 . 7 The Management Committee ·sha 11 be respons ible for
the administration and management of this
Agreement, and without limiting the generality or
the toregoing, shal~:
Ca)
ensure that the expected completion date of a
project shall not be later than March 31,
1997;
ensur. the implementation of the management
intormation and evaluation provisions of this
Agreement and ensure a free flow ot
intormation between the Parties:
.
(b)
.
adopt such standards, procedures, forms (eg.
Project Authorization form), reports and
guidelines cons~stent with this Agreement as
it deems sxpedient and appropriate to achieve
its purpose;
Cd) establish SUb-Committees as may be required
trom time to time to assist in the management
of this Agreement, delegate to them all
necessary authority to carry out their
mandate and establish all procedures with
respect to its own meetings and those of the
SUb-Committees, including ru~es for the
conduct Of meetings and the making of
decisions where the members are not
physically present; and
Cc)
Ce) carry out any other duties, powers and
tunctions specified elsewhere in this
Agreement or as may be assigned to the
Management Committee by the Ministers to
accomp~i.h the Purpose ot the Agreement.
4.0 %HPLEKENTAT%OH
4.1 Subject to the teras ot this Agreement, the
Province sha~l undertake or shall cause to be
undertaken the imp1ementation ot all projects.
4.2 The review, approval and implementation ot any
projects shall be undertaksn 1n mutual respect ot
applicable tederal and provincial environmental
le9islation.
5.0 CORTRACT paOCBDUREa
.
5.1 All contracts to be entered into by the Province
or by any Contributor with a Third party ror the
due implementation ot a project shall be awarded
and administered in accordance with the
administrative, management and contract procedures
within the ~ovinca.
5.~ All contracts entered into pursuant to Section 5.1
ahall incorporate the relevant provisions of this
Agreement and in particular, that
. any of the ...bera of the Hanagement
COmmittee shall be permitted, at a~l
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(b) Except with the written agreement of the
Federal Minister,
(i)
·
should the federal share of direct costs
referred to in Subsections 7.:1. (a), (b)·,
(c) and (d) that are incurred but not
necessari~y paid for projects approved
account for less than $252.829 million
by March 31, :1.995, the maximum total
contribution by Canada under this
Aqreement sha11 be reduced by the amount
correspondinq to the shortfall; and
(ii) ~o more than $:l.08.356millïon of the
federa1 share of direct costs referred
to in Subsections. 7.1 (a), (b), (c) and
(d) may be incurred after March 3:1.,
1996 which, in any case, shall be
incurred on or before March 31, :1.997.
·
(al The contributiori<by canada from all sources,
includinq this Aqreement, with respect to any
one Project sha:l.1 not exceed one-third (:1./3)
of the total Eliqible Costs approved for that
project, except aa otherwise provided in
subsection 6.2 (bl of this Aqreement.
(b) Canada may, at the request of the Province.
but subject to the agreement of the federal
Co-chair, fund more than one third (1/3) of
the E1iqible costs of a specific Project
provided that Canada's share of Eligible
costs for a~1 projects approved under this
Agreement, àt any given time, by the
Manaqement Committee does not exceed one
third (1/3).
(c) Eligible Costs referred to in Subsec;tion.7.1
Cd) shall be shared equally by the Parties.
7.0 PAYMENT PROCEDURBS
6.2
7.1 F.or the purposes of this Agreement, ··Eligib~e
coats" inc~ud. a~~ direct costa properly and
reasonably incurred and paid solely and
specifically in re1ation to this Agreement that
are:
(c)
(a) invoiced against a contract for qoods and
services nec.ssary for the implementation of
a Project;
(b) any other coats which· are incurred and paid
in the course of implementation of the
Project that are recoqnized and determined as
re~evant by the Hanaqement committee; and
the salaries and other employment benefits of
any emp1oye. of Canada, the Province or the
Contributor enqaqad solely and specifically
for the purpose of implementinq a Project
under this Agreement which costs have ba.n
determined and approved by the Manaqement
Committe..;
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(b) tne Management Committee app~oved, as being
juatiried, the inclusion of the cost
overruns; and
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(c) funds are available to cover said costs
overruns.
8.0
AUD%T AND INS?ZCT%OR
B.1Canada and the province snall ensure tnat proper
and accurate accoun~. and records are maintained
witn respect to eacn Project undertaken pursuant
to this Agreement and shall, upon reasonable
notice, mak. such accounts and records availab~e
ror inspection. . ,.
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B.2 Accounts snall be maintained for a period or three
years beyond March 31, 1996. .
B.3 Each of the Parties may inspect the amounts of a~l
c~aims in respect of any project implemented under
this Agreement and thè accounts and records
related thereto. Any discrepancy between tne
amounts paid by any of the Parties and tbe amount
payable under this Agreement shall be promptly
adjusted between the Parties.
B.4 Eacn of tne Parties hereto will provide to any
membe~ of tne Management Committee on request a~l
information that would indicate that a PrOject
hereunder has been unde~taken or completed and the
costs incurred with respect thereto.
9.0 ?ROGaAK EVALUATION
9.1 The Management committee shall approve a plan and
budget for the evaluation of the program of
Infrastructure within six months of the signing of
the Agreement. costs associated with th,
evaluation shal~ be shared equa~ly by the Parties.
9.2 The evaluation plan shall identify:
responsibilities for evaluation activity and data
collection; evaluation issues; and, the character
and timin9 o~ data collection.
9.3 The Management Committee sha~l approve the terms
of r.~.rence for the evaluation be~ore it is
undertaken.
9.4 The Management committee shall submit to the
Ministers an evaluation report no later than
twelve months after March 31, 1996.
9.S
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Bach ?artywi~l provide the other with all
relevant information as may reasonably be required
for such evaluation.
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11.'1 This Agreement may be amended from time to time on
written agreement of the Federal Ministers and
Provincial Ministers. It is expresslY agreed and·"
under.tood, however, that any amendment to .
Section 2.0 dealing with PURPOSE, to the part of
Subsection 3.5Ca) dealing with the last approval
date, to subsections 6.1 Ca) and 6.2 Ca) dealing
with the financial participation of Canada must be
approved by the GovernOr in Councilor must obtain
any other approval that may be otherwise
statutorily required.
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11.2 No member of the House Of Commons of Canada or of
the Senate of Canada or of the Legis~ative
ASBemb~y of Ontario shall be admitted.to any share
or part of any contract, agreement or commission
made pursuant to this Aqreement or to any benefit
arising therefrom. .
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11.3 Nothing in thi. Agreement is to be construed ae
authorizing one Party or, at the demand of the
Province, any,Contributor to contract for or to
incur any obligation on beh.lf of the other or to
act as agent for the other.
11.4 All property including patents, copyrights and
other intellectual property and any revenue
acquired as a result of the work performed under
any approved projects shall be disposed of,
licensed or otherwise dealt with as the Management
Committee may from time to time determine.
11.5 Notwithstanding any other provision of this·
Agreement, all obligations of Canada incurred by
virtue of this Aqreement shall be subject to the
F1nancialAdministration Act.
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11. 6 Ca)
Any dispute between Canada and Ontario hereto
or any quastion of law or fact arising out of
this Agreement shall be submitted to and
determined by the Federal Court of canada
pursuant to the Federal Court Act of Canada.
Any dispute arising from contracts entered
into pursuant to Section S.l of this
Agreement shall be submitted to and
determined by the court hav1nq jurisdiction
andqoverning said contracts.
Cb)