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HomeMy WebLinkAboutKIN 94 070 Sp - Dave Small . . 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" . . 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 .. · · · · 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. .. ./2 ". Page 2 4. · 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. · 10. · 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. · . ../3 , · · · . 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) .. ./4 · · · · 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 ) . ~~~- ) Mayo:-==~;rlesjl. Ma.DIC :_:: ) ---- ~- -~= ~~ ~:- - -= .-=:;.j ) .. -- -', ,- ) - --, -,- ) . '----..-:-::,,:.-,,--'- ) A. -·Co.u: UI'e'" ) ) ) DAVID SMALL ) ~ A-0~/s~ · · · . 1''' 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. . tt! SCHEDULE "B" SITE PLAN Lots 54 & 55, Plan 61, 365 Kincardine Ave. (Small, David) ,~ lit> . "APPROVED SITE PLAN" 4A_//~N" . CLEPlK ADMINISTRATOR TOWN OF KINCARDiNE . ".S·( 1I .\.~~ .~ ì G...."....., ~v..~ ~~ ~~ cJ;j; . ~ ~ ~ .. J~ . "Ii 1: I(""=>s.""",, ---I. ~,+' , ,,\.... B:;,u\9V......." ~o>o'" 'il I ?- ~ ~ . G,~..."....,- '&?- tf ~~ 3$ '" . iP....i:.;~ If ð ð co ~ It ~,."c.r, t! -~.~ '5,4-;' -1._-.- L___ , J 't.u' r -~_~~~_ J. E'<ttiIO>o~ . , ~ -~ Q I ; I c,,,,-' 'Ç'¡....- ..\U>.c.uu.... . ~ ~-'- : ~ - , -' Jl I 'P~'Q..:\(_\"N~ I \~'S.,,""-~ c..;;¡"';::>'f,:o,~ -~~1---~--.. P........"-,"'... 2.':,I'~ ~N'o~ ~\~ ..~nr- c:J1 . ~/l , .....i ~Cf! r- Í';r La-< S'\- '--, s.. ~""""'<a 1 c..~ i~ /.;'/ a , . 1 ß . lot' h-- --1 ,.. e ~ :c ~ B" 11 S$I c.4 ~ ~i ð a'5' - W1 1l ,.... 0- <::> ()c - i : f' 'W ij E ,r; ó' LD.,. '55 /- 1 , :;- > cr" " (¡O !{II Ç>,=-,,,,,--.: 9",,,-,,-\,,,c.~ . ;""'{ 'C\'CZ..'E~ " /<'{,.._oarJ¡,,,,,_ fltld !iJ" . Province 01 . " :t o~o · ~ DYE a DlINtAM co. INC.-Form No. 1186 Amended NOV. 1112 Document General f'onn 4 - Land lleglatratlon Ralorm Act o humber CERTIFICATE OF REGISTRATION 307789 (1) Reglolry iii (3) Properly Id"'-r(I) Additional: ~hedUIe 0 (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 \1 > -' Z o w I/) :::> w () ¡¡: u. o a: o u. "94 NOV 17 A10 :20 (5) Conofdarallon I.Md Reg Inr 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 Additional: See Sohedule o (7) T.... Documant eon..."" (a) Radalcription Naw Easamant PlanlSkatch (b) Schadula lor: o 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 , : . Y M D . -.'. '". , I . .1;~~. ÇO.R.~<?R~:r.l.q~. 9!'. .I:~~. :r.~~~. . . . . . . . .. " . 1. . . . ..'. .. . ::·.~:-~Jt~ . . ! ~.0.i.~? \..tares. anJ:"..yor - t-~.;..·: l OF KINCARDINE - _: . - ¡--..: i · . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . ., . . . . . . . . .~. ....". ... "0" . . ~ ;5.:~ ',' !:.; '.' ¡. . ¡. . . . -. ::: L~-·- 110129 · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . ... ......... '-:: ..../".. . '.-:,".' . ·_1.J::-:-- .;:", . ¡ . . 'r . . Maureen A. Coutuí;e1-,~-Cl_~_D<-·~·i·/ ! ! ~. -'-'. ~ , (11) Address lor Servfce ", ~ -...,~ ~" -'. ,,' ''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 , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . , , , , , .................................,..... ....................... ..........,..... ..... . · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................ . .. .... ............................................ . ..... . (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 ~ Z Registration Fee o ¡¡¡ :::> w () ¡¡: u. o a: Ii Fees and Tax ToIIIl < ~ -. ~. - " i SCHEDULE "B II THE CORPORATION OF THE TOWN OF KINCARDINE ~ "!'f4t.i1 , . BY-LAW BY-LAW NO. 1994-69 ;, -' 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. ~:, ... ...o! - ... . -. '<::'. '....~ ~'-.-....'-..-. - " ''0-. < , , , - 14 - SCRJmm.w "e" . 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: $950,000 As approved and set out in the attached project Bxpenditureschedule. . 7. PROJECT START DATE: May/June 1994 8. PRoJECT COMPLETION DATE: October 31, 1994 '. ~ .. N N i" :.. :.. CD - c ." [ ~i ì ~ ." 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'" W ~~ e> 0 N '" 0 ..... t 0 V1 ~ 0 '" J "'1 "'s t-" ~~ t1 ro t S~ ::r: I II> ~~ ,... ,... ~L (') ! 0 ::J ( ) ... rt ti t1 ¡: en., () '~ ... rt = t-" ,~ - ~~ co ... '0 0.. ""n n...... ...... .. ... " " t¡¡: ., .. - ~ or..... , I I :r~ ! I " ~ L =-r:: I : I =-", "...... rT! S:-~ I I -''''$ I . g- gt - -='£ co -- co I ... I' 00 ...... ; :-: !:l !~ I, II "" ' '::::10 , ",," ~ n n . ...... c.. <- ID Do ~ iI ¡¡:¡¡: II .. ID I - ~ .. ..... .þ- ,... \D ..... N . ..... ..... V1 V1 '" '" If I~i. 'iii " 1 r~ II i ' ,I ~ Ir: § '9 l'~ ! I '!.'ll ~- I '. ·':·1 ~\:~?:~i¡\tl~~ liînl'í 1(O,~"'t1t ~lf!~¡1 \.~l~j1~:!:'~l1;·~ I~B<I~I i3~JI ·""···'··"A1,' '!$'m~$w ····c··f>(···..).··,·) I~~'" :DiZi"'Ì Iii I, I ¡Sme I ~!~~! II r""":ÞSI I 1O,;:OM" ì5c~&jÎ ~i~ I i ~~ ~ ~ i '1,1 I: 3 I,: 1 I~I .CD I; ~ ~Q. !I~ ¡: I .. -- / < ,- · · · """'~.-'---- . '" , 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; fp~ I>f þØ , ~ '":,,ov' ", ~ ~ 1-- 't - 2 - . 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; ."" ". ¿ ,. - 3 - · (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. · (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 -" r .. - 4 - 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 · 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 · 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; · (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; · · · -' r 4.2 - 5 - (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. · · · , , - 6 - 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. · · · , , , - 7 - 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. . , - 8 - 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 · (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 · 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 · 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. · · · . . - 9 - 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. · · · .. - 10 - 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 · · · I " - 11 - 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. · · · '. - 12 - 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 ..:.. ---~< '.. :: ~- - ~..::-- ~- = ::. ~ ~ .::.- - ~ - -- OCT 28 199.4 Date =-- -::: Witness OCT 28 1994 Date - - - ~-~ '" '-"'. -~- -.- ./.....::: ,- Clerk .....-'"- - -".' Ma=een A. Couture - -.... ., , ., -. . t--, , ~tÆ ~. 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. // .¿,¿.-'..¿:..,~ /. "," . -r .J!7--:1"-.,,¿ -. . . .., .-'Y- . Députy Clerk, Executive Council of Ontario .. / ; , . . !aÆ Order in Council Décret OntariO e..cutive Council Consetl des mlft&ltreS . 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 8-v~-z 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 , . '. i -', -' 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: . . , . (0) (p) (q) - 3 - (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. . . 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 . . - 5 - '", t 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 ., - 7 - .. , (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..; · ., - 9 - c (b) tne Management Committee app~oved, as being juatiried, the inclusion of the cost overruns; and · (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. . ,. · 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 . Bach ?artywi~l provide the other with all relevant information as may reasonably be required for such evaluation. · . . . ~ - 11 - , . 11.. 0 G:f:IŒRAl, 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. . 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. . .. 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. . 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)