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Home My WebLink About11 047 RinC Amending Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE - KBT /_tL�i1 y `l • ,t iifl ` WC NUNN R BY-LAW NO. 2011 — 047 BEING A BY -LAW TO AMEND BY -LAW NO. 2009- 001 `BEING A BY -LAW TO AUTHORIZE THE SIGNING OF A CONTRIBUTION AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF ENERGY AND INFRASTRUCTURE AND THE MINISTER OF HEALTH PROMOTION (RInC /Ontario REC) • 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 purpose of the Recreational Infrastructure Canada Program in Ontario and Ontario Recreational Program (referred to collectively herein as RInC /Ontario REC) is to rehabilitate and /or repair recreational facilities such as arenas, swimming pools and other recreational facilities; AND WHEREAS with the passage of By -law No. 2009 — 001 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 and the Minister of Health Promotion which set out the terms and • conditions in which the Recipient would receive financial assistance for its project 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 for certain projects will be extended from March 31, 2011 to October 31, 2011; AND WHEREAS the Ministry and the Municipality of Kincardine have agreed to amend the Agreement in the manner set forth in the attached Amending Agreement; NOW THEREFORE the Council of 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 and the Minister of • Health Promotion and Sport for the RInC /Ontario REC Project No. R1878. .../2 Page 2 RInC Amending Agreement By -law By -law No. 2011 - 047 • 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 and the Minister of Health Promotion and Sport, 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 Infrastructure and the Minister of Health Promotion and Sport for the Province of Ontario. 4. This By -law may be cited as the "RInC Amending Agreement By -law ". READ a FIRST and SECOND TIME this 28 day of March, 2011. • di-Mawr / r rr1-ann Clerk READ a THIRD TIME an. INALLY PASSED this 28 day of March, 2011. 2�_ �cz ,e,v,4 ayor Clerk • • v A Amending Agreement for the Ontario REC Contribution Agreement for Infrastructure Projects. RECREATIONAL INFRASTRUCTURE CANADA PROGRAM in ONTARIO ***First Amending Agreement "*". Ontario File Number: SW1064 Rine Project Number(s): R1878 THIS FIRST AMENDING AGREEMENT is effective as of the f day of 7 vnli; , 201. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Infrastructure and the Minister of Health Promotion and Sport (referred to collectively herein as the "Ministry") AND: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (referred to herein as the "Recipient ") WHEREAS the Ministry (then the Ministry of Energy and Infrastructure and the Ministry of Health Promotion) and the Recipient entered into a contribution agreement (the "Agreement ") dated January 20, 2010 hereby funding pursuant to the Recreational Infrastructure Canada Program in Ontario and the Ontario Recreational Program (referred to collectively herein as RInC /Ontario REC) is being provided to the Recipient for the Project described in the Agreement; AND WHEREAS the Government of Canada and the Government of Ontario agreed that the deadline for the Eligible Costs for certain projects will be extended from March 31, 2011 to October 31, 2011; AND WHEREAS the Ministry and the Recipient have agreed to amend the Agreement in the manner set forth in this First Amending Agreement. NOW THEREFORE, pursuant to section 17.10 of the Agreement and in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties covenant and agree as follows: 1. Unless otherwise specified, capitalized words and phrases in this First Amending Agreement have the meaning set out in the Agreement. 2. The following definition is added to section 1.1 of Schedule "A" of the Agreement: "Extended Project" means the following project with the project number R1878 specified in Schedule "B" of the Agreement, provided that the project has incurred Eligible Costs before March 31, 2011. 1 of 4 Amending Agreement for the Ontario REC Contribution Agreement for Infrastructure Projects. 3. In subsection 1.1 of Schedule "A" of the Agreement, the definitions "End of Financial Assistance Date ", "Expiration Date" and "Final Report Date" are intentionally deleted and replaced with the following definitions: "End of Financial Assistance Date" means March 31, 2011 or for an Extended Project it means October 31, 2011. "Expiration Date" means October 31, 2012. "Final Report Date" means June 30, 2011 or for an Extended Project it means January 31, 2012. 4. Subsection 3.2 (f) of Schedule "A" of the Agreement is intentionally deleted and replaced with the following: "(f) have been incurred on or after June 26, 2009 and on or before March 31, 2011 or October 31, 2011 for an Extended Project." 5. The following provision is added to Schedule "A" of the Agreement as follows: 1.8 Terms and Conditions In Agreement Apply to Extended Project. For greater certainty, all terms and conditions that apply to a Project under the Agreement apply, with any and all necessary modifications, to any Extended Project. 6. Subsection C.2.1 (a) of Schedule "C" of the Agreement is intentionally deleted and replaced with the following: "a) costs incurred before June 26, 2009 and after March 31, 2011 or for an Extended Project, after October 31, 2011 ;" 7. Subsection C.2.1 (m) is added to Schedule "C" of the Agreement, as follows: "m) notwithstanding section 3.5 of Schedule "A" of the Agreement, any Eligible Cost that is incurred by the Recipient for an Extended Project prior to March 31, 2011 but not submitted to the Ministry on or before April 30, 2011." 8. That portion of Schedule "J" — Project Timeline included in the Agreement related to an Extended Project is intentionally deleted and replaced with Schedule "J" — Project Timeline attached hereto. 9. Other than as set out above, the Agreement remains unaltered and in full force and effect. 2 of 4 Amending Agreement for the Ontario REC Contribution Agreement for Infrastructure Projects. 10. This First Amending Agreement and the Agreement constitute the entire agreement between the parties. IN WITNESS WHEREOF, the Ministry and the Recipient have respectively executed and delivered this First Amending Agreement effective as of the date set out above. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Infrastructure by: MAY 0fi2011 r Date Name: Bob Chiarelli Title: Minister Authorized Signing Officer HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Health Promotion and Sport JUN 0 7 20ff by: / /, im e Date Name: Margarett Best Title: Minister Authorized Signing Officer THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE by: . - March au rap' I asp- . - Date N e: Kraemer Title: MQ9 fP - J Manr.h ,QR .gnu z ,�� -X �`?� Date ame: MIN-Ns dc2n Title: 0140 Uwe have authority to bind the Recipient 3 of 4 Amending Agreement for the Ontario REC Contribution Agreement for Infrastructure Projects. SCHEDULE "J" PROJECT TIMELINE R1878 Expansion of Davidson Centre Arena Project Construction Start Date: 2010 -04 -06 Anticipated Project End Date: 2011 -06 -03 1. Pre - Construction Planning and Design Oct 2009 — May 2010 2. Permits and Approvals Obtained May 2010 — June 2010 3. Ground Breaking June 2010 4. Construction /Major Work June 2010 — June 2011 4a. Mobilization, site work, establish signage and June — August 2010 safety, prepare new parking lot area, strip curb and asphalt, excavation of materials, install catch basin and storm work, backfill footings and wall, shop drawings, layout — build and pour footings and strip footings, and waterproofing. 4b. Floor slab, foundation wall — excavate, drill Sept — Dec 2010 rebar, form grade beam, place and retie rebar, structural steel work — install columns, beams, concrete core slab, seating and stairs, as well as block work. 4c. Work on HVAC, electrical, fire systems, Jan — Mar 2011 drywall systems, install doors and frames, pour floor, install insulated panels, install roofing materials and insulation, blockwork and insulated exterior walls. 4d. Install hardware, install joists, finish plumbing, April — June 2011 prepare parking lot and pave, millwork, lockers, flooring, and painting. 5. Cleanup and Warranties July 2011 6. Substantial Completion June 2011 4 of 4