HomeMy WebLinkAboutKIN 82 4486 Agree -ONIP 1981-82
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 4486
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT WITH THE
MINISTER OF MUNICIPAL AFFAIRS AND HOUSING FOR THE PROVINCE OF
ONTARIO AND THE TOWN OF KINCARDINE.
THEREFORE the Council of the Town of Kincardine ENACTS as follows:
1. THAT the Head of Council and the Clerk be and they are
hereby authorized to execute an Agreement on behalf of
the Corporation of the Town of Kincardine with the Minister
of Municipal Affairs and Housing for the Province of Ontario
upon the terms substantially the same as are contained in the
Agreement forming Schedule "A" to this By-Law, and to affix
the seal of the Corporation to such Agreement.
READ a FIRST AND SECOND time this 18 ro day of
November
, 1982.
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Mayor
READ a THIRD time and FINALLY PASSED this 18 day of November ,
1982.
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TOWN of KINCARDINE
Implementation Agreement
Redevelopment Area
THIS AGREEMENT made in duplicate this
day of
A.D. 19
BETWEEN:
THE MINISTER OF MUNICIPAL AFFAIRS MJD HOUSING
for the Province of Ontario
Hereinafter called the "Minister"
OF THE FIRST PART
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THE CORPORATION OF THE TOWN OF KINCARDINE
Hereinafter called the "Municipality"
OF THE SECOND PART
WHEREAS the Municipality is entitled to apply for a 50%
contribution under the Ontario Neighbourhood Improvement
Program, hereinafter called the "Program", of the Ministry
of Municipal Affairs and Housing;
AND WHEREAS the Municipality has satisfied certain prerequisites
for such contribution as follows:
a) Pursuant to Section 22(2) of the Planning Act, the
Municipality, by by-law No. 4444
, with the approval
of the Minister, has designated as a redevelopment
area that area shown outlined in red on the plan
attached as Schedule "A" hereto, hereinafter called
the "Area";
b) Pursuant to Section 22(5) of the Planning Act, the
Municipality, with the approval of the Minister,
has adopted a redevelopment plan for the Area, hereinafter
called the "Redevelopment Plan";
c)
The Municipality has made written application to the
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Minister for financial assistance, by way of such con-
tribution, to assist in the redevelopment of the Area in
accordance with the Redevelopment Plan, inclüding the
costs already incurred for the preparation of the Redevelopment
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Plan, from the date of allocation of funds by
the Minister to the Municipality under the Program;
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AND WHEREAS pursuant to Section 24 of the Planning Act, the
Minister, subject to the terms of this Agreement and subject
to the approval of the Lieutenant Governor in Council, has
agreed to contribute a sum of up to 50% of the eligible
costs as hereinafter defined.
NOW THEREFORE THIS AGREEMENT WITNESSES THAT, in consideration
of the mutual covenants hereinafter contained, the Parties
hereto covenant and agree each with the other as follows:
1. DEFINITIONS
In this Agreement:
a) "Estimated Costs" means the detailed estimates
of eligible costs for the work and services
itemized in Schedule "B" hereto; provided that
changes may be made to the said detailed estimates
only with the prior written consent of the Ministry;
b) "Eligible Costs" means the actual costs paid or
payable by the Municipality for the work and
services itemized in Schedule "B" not exceeding
in any detail or in total, without the prior written
consent of the Ministry, the Estimated Costs;
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c) "Inspections" means inspections made on behalf of
the Ministry to establish that work for which
payment is claimed is actually in place;
d) "Ministry" means the Ministry of Municipal Affairs
and Housing for the Province of Ontario, its
successors and assigns;
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e) "Project" means tJ,(, work and services or that
portion thereof itemized in Schedule "B" to
which the Eligible Costs are attributable;
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f)
"Accounts" means such invoices, billings,
statements, accounts and related documentation
required by the Ministry to satisfy it as to
the amount(s) of Eligible Costs incurred by the
Municipali ty.
2. IMPLEMENTATION
The Municipality shall not receive any funds under
this Agreement until the Municipality has obtained
all approvals required for the implementation of
the Redevelopment Plan.
3. COMPLETION DATES
The Municipality shall:
a) Complete that portion of the implementation of the
Project to which the first 33% of the Eligible
Costs are attributable and shall deliver to the
Ministry all Accounts in relation thereto not later
than the 31st day of March 1984, being the First
Completion Date;
b) Complete that portion of the implementation of
the Project to which the second 33% of the
Eligible Costs are attributable and shall deliver
to the Ministry all Accounts in relation
thereto not later than the 31st day of March
e
1985, being the Second Completion Date;
c)
Complete the balance of the Project and deliver
to the Ministry all Accounts in relation thereto
not later than the 31st day of March 1986, being
the Final Completion Date.
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ESTIMATE OF CASH FLOW
An estimate of cash flow under this Agreement
is attached as Schedule "c" hereto. Notwithstanding
Schedule "C", which is an estimate only, the
amounts and timing of payments of funds by the
Ministry are subject to the terms and conditions
contained in this Agreement.
MINISTRY CONTRIBUTION
a) The Ministry shall make payments to the Municipality
of funds totalling 50% of the Eligible Costs
accepted by the Ministry, up to a maximum total
amount of $ 200,000 This latter amount
is an upset limit and shall not be increased in
any event.
b) The agreement of the Ministry to make payments
of funds under this Agreement is subject to:
i) There being an appropriation by the Provincial
Legislature for the Program for the fiscal
year in which the payments would be required
under this Agreement;
ii)
The Ministry's right to limit payments of
funds in any given fiscal year as may be
necessary due to unforseen Provincial
Government financial constraints;
Hi)
The terms and conditions contained in this
Agreement.
6. ACCOUNTS AND PAYMENTS
a) The Municipality shall submit Accounts to the
Ministry not less frequently than on a quarter-
yearly basis;
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b) Subject to satisfactory Inspections and review of
Accounts by the Ministry, the Ministry shall make
payments of funds in accordance with and subject
to the following provisions:
i) All payments from the Ministry to the
Municipali ty shall be made wi thin 30 days
of receipt from the Municipa li ty of
acceptable Accounts;
ii) Subject to the Mechanics' Lien Act, upon
receipt from the Ministry of any payment
under this Agreement, the Municipality shall
immediately make payment of the full amount(s)
of the Accounts in relation to which the
Ministry's payment has been paid;
iii)
Upon completion of the Project, a final
accounting shall be taken of the Eligible
Costs and any necessary adjustments shall
be paid in accordance with the provisions
of this Agreement;
iv) In the event of any overpayment by the Ministry,
discovered either during the term of this
Agreement or pursuant to the final accounting,
the Municipality shall reimburse the Ministry
in the amount(s) of such overpayment upon
demand in writing by the Ministry.
PROJECT REVIEW COMMITTEE
The Municipality and the Ministry shall establish a
Committee to be known as the "Project Review Committee"
within two months of the date of the approval of the
Redevelopment Plan by the Minister. The Project Review
Committee shall consist of two members appointed from
time to time, of which one member shall be a municipal
staff member appointed by the Municipality and one
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member shall be a person appointed by the Ministry.
The Project Review Committee shall function under
the following provisions:
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a)
The member appointed by the Municipality shall
act as chairman of the Project Review Committee;
b) Each member may from time to time invite such
other person or persons to attend meetings and
to give advice to the Committee as may be
deemed necessary;
c) The Project Review Committee shall from time to
time:
i) review the progress of the implementation
of the Redevelopment Plan;
ii) review the proposed revisions to the
Redevelopment plan to ensure the eligibility
of the new projects under the Program;
iii) review the semi-annual progress reports;
d) The Chairman shall be responsible for keeping
minutes of the meetings;
e) The Project Review Committee shall decide the form
and content, circulation, number of copies and
other details of the minutes and the procedure
of the Project Review Committee;
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f)
The first meeting of the Project Review Committee
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shall take place no later than one month following
its establishment. Thereafter the project Review
Committee shall meet no less frequently than
once every six months, but shall have the right
to hold additional meetings as deemed necessary;
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g) The Project Review Committee shall cease to
exist upon the Final Completion Date or upon
the completion of the Project, whichever occurs
first.
8.
PROCEDURES
The Municipality shall comply with the procedures for
the Program, as established by the Ministry from
time to time, and which are incorporated by reference
in this Agreement, and shall submit Accounts and
semi-annual progress reports in the forms established
by the Ministry.
9. RECORDS
The Municipality shall retain and preserve all documents,
vouchers, records and accounts that relate to the
work and services done under the Project for a period of
seven (7) years from the Final Completion Date.
10. ACCESS TO RECORDS
The Municipality shall permit access to such of its
records and accounts as are relevant to anything done
under or relating to this Agreement by duly authorized
representatives of the Ministry.
11. PUBLIC TENDER
The Municipality shall let any contract relating
to the implementation of the Project by public
tender unless the Minister in writing waives this
requiremen t.
12. PUBLISHING
The Minister and the Ministry, without any obligation
to mak~ any payment to the Municipality or any third
party, may print, publish or otherwise reproduce in
whole or in part any report, plan, document or other
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material prepared for the Project and may distribute
any of the same to any person, persons, corporations,
firms or associations or otherwise use same in any
manner which they may determine in their absolute
discretion and the Municipality shall so provide in
all its contracts with third parties relating to the
Project.
13. INDEMNIFICATION
The Municipality at all times shall indemnify and save
harmless the Minister and the Ministry from any claim
or suit to which they or either of them may be subjected
and which may arise as a result of the Project being
undertaken or the publication of material pursuant to
Paragraph 12 or for any other reason relating to this
Agreement.
14. SCHEDULES
Schedules "A", "B" and "c" hereto and all provisions
contained therein shall be, and they are hereby, made
part of this Agreement.
15. NO INDUCEMENT OR COLLATERAL AGREEMENTS
This Agreement including the recitals, schedules and
'any other documents incorporated by reference herein
comprise the whole of the Agreement between the
Parties and there are no collateral terms or conditions
thereof which are not so contained or incorporated.
No representations or inducements have been made or
given to the Municipality which could give cause for
non-performance or rescission of this Agreement or
any portion thereof by the Municipality.
16. AMENDMENTS
Any amendment to this Agreement shall not be binding
unless it is acknowledged in writing by both the
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Municipality and the Minister or Ministry, whichever
is appropriate.
NOTICES
Any notices which may be given under the provisions of
this Agreement shall be sufficiently given if mailed
by registered mail postage prepaid and in the case of
the Ministry or the Minister addressed to the Director,
Community Renewal Branch, Ministry of Municipal Affairs
and Housing, 3rd Floor, 56 Wellesley Street West,
Toronto, Ontario, M7A 2K4, and in the case of the
Municipality addressed to it to the Corporation of
the TOWN OF KINCARDINE
Attention: The
Clerk, or at such other address as the Parties may
from time to time advise by notice in writing. Any
notice so mailed shall be deemed conclusively to have
been given on the second weekday following the day
of mailing.
18. INTERPRETATION
Wherever the singular and masculine are used in this
Agreement, the same shall be construed as meaning the
plural, feminine or neuter where the context so requires.
19. HEADINGS
20.
Paragraph headings are for ease of reference only and
do not form part of this Agreement.
PARTIES
This Agreement shall be binding upon and enure to the
benefit of the Parties hereto, their successors
and assigns.
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IN WITNESS THEREOF this Agreement has been executed by
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the Parties hereto.
THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING
For the Province of Ontario
THE CORPORATION OF THE TOWN OF KINCARDINE
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Schedule "A"
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KINCARDINE
TOWNSHIP
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HURON
TOWNSHIP
THE CORPORATION OF THE TOWN OF KINCARDINE
SC'HEDULE 'A' TO BY-LAW NO.4444
-.- REDEVELOPMENT AREA
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P...,d this 8th day of
Mey 1982.
C,W. Me,.,
Mayor
C.R. Menbl
Clerk
!¥XXI 0 10.000 20,000
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Schedule "B"
PROPOSED PROJECTS BY MUNICIPAL AND PROVINCIAL COST ESTIMATE
.ECT
PROVINCIAL
COST
MUNICIPAL
COST
TOTAL COST
ESTIMATE
Sanitary sewage
Pumping Station
(Durham/Victoria
Streets)
$ 65,000.00
$ 65,000.00
$130,000.00
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Renovations to
Public Library
$ 28,000.00
$ 28,000.00
$ 56,000.00
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Watermain
Installation
$ 37,500.00
$ 37,500.00
$ 75,000.00
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Community
Centre
$ 33,414.50
$ 33,414.50
$ 66,829.00
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Park
Development
$ 15,950.00
$ 15,950.00
$ 31,900.00
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O.N.I.P. Plan
Preparation
and Approval
$ 2,500.00
$ 2,500.00
$ 5,000.00
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, Contingency
$ 17,635.50
$ 17,635.50
$ 35,271.00
TOTALS:
$200,000.00
$200,000.00
$400,000.00
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