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Home My WebLink About11 041 BCF-CC Intake 2 Amending Agreement Project ID#28079 By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE v KBT e - � J , urcmK BY-LAW NO. 2011 — 041 BEING A BY -LAW TO AMEND BY -LAW NO. 2009 -127 `BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF ENERGY AND INFRASTRUCTURE (BUILDING CANADA FUND INTAKE 2) • WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provide 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 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 Building Canada Fund — Communities Component (BCF - CC) was created to improve and renew public infrastructure in Ontario's communities with populations of less than 100,000 people; AND WHEREAS with the passage of By -law No. 2009 — 127 The Corporation of the Municipality of Kincardine entered into an agreement with her Majesty the Queen in Right of Ontario as represented by the Ministry of Energy and Infrastructure which set out the terms and conditions in which the Recipient would receive financial assistance for its project under the CC -Top Up portion of • the BCF -CC including the requirements that the Recipient substantially complete the Project by March 31, 2011; AND WHEREAS the Government of Canada and the Government of Ontario agreed that the deadline for the Eligible Costs of extended projects will be extended from March 31, 2011 to October 31, 2011 under the CC -Top Up portion of the BCF -CC; AND WHEREAS the parties wish to amend certain provisions of the agreement as set forth in this amending agreement to reflect the changes that have occurred since the original agreement was signed; 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 Amending Agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of Energy and Infrastructure for the Building • Canada Fund — Communities Component Intake 2 for Infrastructure Projects. .../2 Page 2 BCF -CC Intake 2 Amending Agreement (Project ID #28079) By -law By -law No. 2011 - 041 • 2. That the Mayor and Chief Administrative Officer be authorized and directed to sign and execute, on behalf of The Corporation of the Municipality of Kincardine, the Amending Agreement with Her Majesty the Queen in Right of Ontario as represented by the Minister of Energy and Infrastructure, attached hereto as Schedule "A ". 3. That this By -law shall come into full force and effect upon receipt by the Municipality of Kincardine of a duly signed copy of the Amending Agreement with the Minister of Energy and Infrastructure for the Province of Ontario. 4. This By -law may be cited as the "BCF-CC Intake 2 Amending Agreement (Project ID #28079) By- law ". READ a FIRST and SECOND TIME this 16 day of March, 2011. • U Mayor Clerk READ a THIRD TIME and FINALLY PASSED this 16 day of March, 2011. (-] "2— ayor Clerk v 0 • • AMENDING AGREEMENT BCF-CC Project ID# 28079 BUILDING CANADA FUND — COMMUNITIES COMPONENT (BCF -CC) CONTRIBUTION AGREEMENT FOR INFRASTRUCTURE PROJECTS — INTAKE 2 Between HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Infrastructure and the Minister of Agriculture, Food and Rural Affairs (jointly "Ontario" and as "OMAFRA" in the latter case) And THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (the "Recipient ") WHEREAS the Govemment of Canada and the Government of Ontario entered into an agreement dated August 26, 2008 ( "BCF Agreement ") that set out the rights, obligations and requirements with respect to contributions for projects to be funded under the Communities Component ( "CC ") of the Build Canada Fund ( "BCF "); AND WHEREAS the Govemment of Canada and the Govemment of Ontario amended the BCF Agreement on August 14, 2009 to reflect changes in terms and conditions in the CC under the BCF, especially the expansion in funding available under the CC ( "CC - Top Up ") for projects that could be Substantially Completed by March 31, 2011; AND WHEREAS the purpose of the Building Canada Fund — Communities Component ( "BCF- CC ") was (and is) to improve and renew public infrastructure in Ontario's communities with populations less than 100,000 people; AND WHEREAS investments under the BCF -CC focus on projects in smaller communities to advance federal and provincial objectives of economic growth, cleaner environment and strong and prosperous communities; AND WHEREAS Ontario and the Recipient (the "Parties ") recognized that investments in public infrastructure are fundamental to the quality of life of Ontarians and necessary to ensure continued economic growth; AND WHEREAS the Recipient applied for funding under the CC-Top Up portion of the BCF -CC; AND WHEREAS the Parties entered into the Building Canada Fund — Communities Component (BCF- CC)Contribution Agreement for Infrastructure Projects— Intake 2 Agreement on October 29, 2009 (the "Agreement") that set out the terms and conditions in which the Recipient would receive Financial Assistance for its Project(s) under the CC-Top Up portion of the BCF -CC, Page 1 of 4 AMENDING AGREEMENT BCF-CC Project ID# 28079 including the requirement that the Recipient Substantially Complete the Project(s) by March 31, 2011; AND WHEREAS the Government of Canada and the Government of Ontario agreed that the deadline for the Eligible Costs of extended projects will be extended from March 31, 2011 to October 31, 2011 under the CC-Top Up portion of the BCF -CC; AND WHEREAS the Parties wish to amend certain provisions of the Agreement as set forth in this amending agreement ( "Amendment ") to reflect the changes that have occurred since the Agreement was originally signed; NOW THEREFORE, pursuant to section 17.1 of the Agreement and in accordance with the principles set out above and the mutual covenants and agreements herein, the sufficiency of which is acknowledged, the Parties hereby agree as follows: 1. Amendments to Section 1 of Schedule "A" of the Agreement. The following terms of Section 1 of Schedule "A" of the Agreement are amended as follows: (a) "End of Financial Assistance Date" This definition is revoked and replaced with: "End of Financial Assistance Date" means October 31, 2011. (b) "Expiration Date" This definition is revoked and replaced with: "Expiration Date" means March 31, 2013. (c) "Final Report Date ". This definition is revoked and replaced with: "Final Report Date" means December 15, 2011. (d) "Project Completion Date ". This definition is revoked and replaced with: "Project Completion Date" means October 31, 2011. 2. Addition of Section 3.6 to Schedule "A" of the Agreement. Section 3.6 is added to Schedule "A" of the Agreement as follows: 3.6 Deemed ineligible Costs. Notwithstanding anything else contained in the Agreement, any cost invoiced by March 31, 2011 that the Recipient fails to submit to OMAFRA for the payment of Financial Assistance by April 30, 2011 shall be deemed to be an Ineligible Cost. 3. Addition of Section 4.17 to Schedule "A" of the Agreement. Section 4.17 is added to Schedule "A" of the Agreement as follows: 4.17 Adjust Financial Assistance Being Provided By the Government of Canada. If, in the sole and absolute discretion of Ontario, Ontario is of the opinion that the Govemment of Canada has, for whatever reason, reduced or ceased its funding for the Project, Ontario may Adjust the Financial Assistance in order to account for Page 2 of 4 AMENDING AGREEMENT BCF-CC Project ID# 28079 the reduction or cessation of funding for the Project from the Government of ,Canada. 4. Condition Precedent For Amendment That Project Must Have Incurred Eligible Costs By March 31, 2011. It is a condition precedent for this Amendment that the Recipient's Project must have incurred Eligible Costs by March 31, 2011. Notwithstanding anything else contained herein, this Amendment or any part thereof may be deemed null and void at Ontario's sole discretion if the Recipient's Project has not incurred Eligible Costs by March 31, 2011. 5. Defined Terns. Any capitalized term used in this Amendment but not defined herein shall have the same meaning given to it in the Agreement. 6. Amendment May Be Signed in Counterparts. The Parties agree that this Amendment may be signed in counterparts. 7. Amendment Comes Into Effect When Recipient Signs. This Amendment comes into effect on the day that the Recipient signs the Amendment. 8. The Agreement. The Parties acknowledge and agree that the Agreement continues as a valid and binding agreement, subject only to this Amendment, and that all other terms and conditions of the Agreement apply motet's rnutandis. [Rest of Page Intentionally Left Blank] • Page 3 of 4 •- 1 J AMENDING AGREEMENT BCF-CC Project ID# 28079 IN WITNESS WHEREOF Ontario and the Recipient have respectively executed this Amendment as of the dates indicated below. • HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Infrastructure MAY 06 2011 Name: The Honourable Bob Chiarelii Date Title: Minister of Infrastructure and by the Minister of Agriculture, Food and Rural Affairs by: /I/1 414 2 h Name: The Honourable Carol Mitch 1I Date Title: Minister of Agriculture, Food and Rural Affairs RECIPIENTS NAME: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE by: Nil or 1 {o / 2.011 Name qv Ut?mfr Date Title: R Btyor Affix Corporate Seal Z. �= - a a2c , e.,, Mnr 2011 Name: Jt n clekosen col\ Date Title: co p 1/We have authority to bind the Recipient. Page 4 of 4