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HomeMy WebLinkAbout08 034 Hodgson Sign Agreement (2008) e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2008 - 034 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH PAUL ALFRED HODGSON AND SHARON JOYCE HODGSON FOR THE PROVISION OF BILLBOARD SPACE WHEREAS Section 8 (1) of the Municipal Act, 2001, S.D. 2001, c. 25, as amended, provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Council for The Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with Paul Alfred Hodgson and Sharon Joyce Hodgson for the provision of billboard space for a sign promoting the Municipality; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Corporation of the Municipality of Kincardine enter into an agreement with Paul Alfred Hodgson and Sharon Joyce Hodgson for the provision of billboard space for a sign, promoting the Municipality, on the Hodgson's property located in the Municipality of Kincardine, and more commonly known as Concession 1 NDR, East Part of Lot 23, Lot 24 (former Township of Kincardine), in accordance with terms and conditions outlined in the agreement attached hereto as Schedule 'A' and forming part of this by-law. 2. That the Mayor and CAD be authorized to sign, on behalf of The Corporation of the Municipality of Kincardine, the Agreement with Paul Alfred Hodgson and Sharon Joyce Hodgson attached to this by-law and to affix the corporate seal as and when required. 3. That this by-law shall come into full force and effect upon its final passage. 4. That this by-law may be cited as the "Hodgson Sign Agreement (2008) By-law" . .../2 Page 2 Hodgson Sign Agreement (2008) By-law By-law No. 2008 - 034 e READ a FIRST and SECOND time this 19th day of March, 2008. e e e ~ 1\.u.. ~o.lQ Clerk ~ READ a THIRD time and FINALLY PASSED this 19th day of March, 2008. r:-10/? ayor ~ ~Du..>.aoJ1) Clerk~ This AGREEMENT made this This is Schedule ,~ " to By-LaW ~- ,OtJ.- No. o?,tt passed the -LL- day of j-iARc':t+ 200.8' ~~77 ~'t>o~ lot'f'l-; day of Hmrh ~008 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" of the First Part. -and- Paul Alfred Hodgson and Sharon Joyce Hodgson Hereinafter called the "Hodgson" of the Second Part. WHEREAS the Municipality wishes to advertise its presence using field signage; AND WHEREAS Hodgson is willing to provide billboard space for a sign promoting the Municipality: NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the premises and mutual promises and covenants hereinafter contained. the parties hereby agree as follows: 1. The Municipality shall make use of a billboard type sign located on Hodgson's property located in the Municipality of Kincardine, and more commonly known as Concession 1 NDR, East Part of Lot 23, Lot 24 (former Township of Kincardine). 2. The Municipality agrees to pay $500.00 per year plus G.S.T. for continued use of the billboard type sign. 3. This Contract may be terminated within 90 days written notice by either party. 4. Hodgson shall not obstruct the visibility of the sign. 5. Hodgson shall maintain the area surrounding the sign. 6. The Municipality shall be responsible for the sign's maintenance, upkeep, and M.T.a. permit(s), if required. 7. This Agreement shall ensure to the benefit of and be binding on the respective heirs, executors, administrators, successors and assigns of the parties hereto. .../2 . Hodgson Agreement Page 2 of 2 IN WITNESS WHEREOF the Municipality has hereto affixed its corporate seal attested by the hands of its mayor and clerk this 1~ day of \-J..fl A~ h , 2008 and Paul Alfred Hodgson and Sharon Joyce Hodgson has hereunto set their hand this \qtl- day of -M {)l h,{' ,h , 2008. SIGNED, SEALED AND DELIVERED in the presence of THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE :/c raemer, Mayor ~. ~ per: . -ukn~PAa~~~II~i~ . John deRosenroll, CAD Witness Date per: Cl (4u ,~"'- Paul Alfred Hodgson iZ~vJL~ Witness ~ Ulr-Jut Date per: ~&'( 'ffHt /Sharon J odgson -