HomeMy WebLinkAbout08 034 Hodgson Sign Agreement (2008)
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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" .
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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.
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Clerk ~
READ a THIRD time and FINALLY PASSED this 19th day of March, 2008.
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ayor
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Clerk~
This AGREEMENT made this
This is Schedule ,~ " to By-LaW
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No. o?,tt passed the -LL- day
of j-iARc':t+ 200.8'
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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.
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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
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per: .
-ukn~PAa~~~II~i~ .
John deRosenroll, CAD
Witness
Date
per: Cl (4u ,~"'-
Paul Alfred Hodgson
iZ~vJL~
Witness ~
Ulr-Jut
Date
per:
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/Sharon J odgson -