HomeMy WebLinkAboutKIN 82 4462 Agree - RIC Program
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THE CORPORATION OF THE TOWN OF KINCARDINE
By-law No. 4462
A By-law to authorize the execution of an agreemwnt with Her
Majesty the Queen in Right of Ontario as represented by the Minister
of Citzenship and Culture for the Province of Ontario in the
Designated Property Grants segment of the Building Rehabilitation
and Improvement Campaign.
THE CORPORATION OF THE TOWN OF KINCARDINE BY THE MUNICIPAL
COUNCIL THEREOF 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 Her Majesty the
Queen in Right of Ontario as represented by the Minister
of Citzenship and Culture for the Province of Ontario, upon
the same terms or upon terms substantially the same as are
contained in the Agreement forming Schedule "A" in this By-
law. and to affix the Seal of the Corporation to such Agreement.
READ a FIRST and SECOND time this
24th
day of
June
, 1982.
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Clerk
Mayor
READ a THIRD time and FINALLY PASSED this 7th day of
July,
1982.
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THIS AGREEMENT made as of the 7 day of July ,19g2.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO as represented by the
Minister of Citizenship and Culture
for the Province of Ontario,
(hereinafter called the "Ministry")
OF THE FIRST PART;
-and-
THE CORPORATION OF THE TOWN
OF KINCARDINE
(hereinafter called the "Municipality")
OF THE SECOND PART.
WHEREAS the Ministry wishes to contribute financially to
the conservation of buildings of historical or architectural significance in the
Province of Ontario;
AND WHEREAS the Municipality desires to aid the Ministry
in furthering the above-mentioned goal;
AND WHEREAS the Ministry has established the Designated
Property Grants Program of the Building Rehabilitation and Improvement
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Campaign, the purpose of which is to reimburse municipalities for the amount of
certain grams made under the authority of sections 39 or 45 of the Ontario
Herita¡:e Act, R.S.O. 1980, c. 337;
NOW THEREFORE THIS AGREEMENT WITNESSETH that in
consideration of the premises and covenants contained herein, the parties agree as
follows:
1.1
Upon compliance by the Municipality with the terms of this
Agreement, the Ministry hereby agrees to pay the Municipality the amount
determined in parasraph 13.
2.1
The Municipality hereby agrees to abide by the terms of this
Agreement and perform the duties mentioned herein in good faith and in a
professional manner.
APPLICATIONS
3.1
The Municipality shall, upon the request of an owner of land
within the Municipality or of a tenant of land acting with the written consent of
the owner, provide and process applications for grants in respect of eligible
properties.
4.1
For the purposes of this Agreement, "eligible property"
means land within the Municipality which:
(a) is owned or occupied by the applicant; and
(b) is designated property under either Part IV or Part V of the
Ontario Herita¡:e Act; and
(c) is property which has not previously been the subject of a
grant under this Agreement within the calender year in
which the application is made.
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5.1
An application provided µnder paragraph 3 shall be in a form
substantially similar to that attached as Appendix "CIt to this Agreement.
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PROCESSING AND DISPOSITION OF APPLICATIONS
6.1
The Municipality will process all applications received by
the Municipality within a reasonable time.
7.1
Where the Municipality has appointed a Local Architectural
Conservation Advisory Committee under section 23 of the Ontario Heritage Act,
the Municipality shall refer all applications to the Local Architectural
Conservation Advisory Committee for comments and a recommendation.
7.2
A recommendation of a Local Architectural Conservation
Advisory Committee made under subparagraph 7.1 is not binding on the
Municipality.
3.1
The council of the Municipality, or a committee of council,
shall dispose of every application received under this program and may approve an
application only if,
(a)
(b)
(c)
the application is made in respect of an eligible property;
the application is made in respect of an eligible project;
the application is supported by such photographs, sketches,
blueprints, plans or other documentation as the council
requires to judge the merits of the application; and
the application is made in respect of a project which haS not
yet been commenced.
(d)
3.2
The council of the Municipality or the committee of council
shall not approve any application that does not meet the requirements listed in
subparagraph 8.1.
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8.3
An approval granted under subparagraph 8.1 may be
qualified by limiting the amount of the grant payable in respect of the project.
PROJECTS
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An eligible project is an eligible project as provided for in
the Designated Property Grants Program Guidelines as provided from time to time
by the Ministry.
10.1
For the purposes of administering the program, the
Municipality shall refer to the Designated Property Grants Program Guidelines, but
in the event of a conflict between a term of this Agreement and the Program
Guidelines, the provisions of this Agreement shall govern.
11.1
,Where there is any dispute between the Ministry and the
Municipality as to whether a project is an eligible project, the decision of the
Ministry is final and binding on the parties.
INSPECTION OF PROJECT, PAYMENT OF GRANT BY
MUNICIPALITY
12.1
Subject to subparagraphs 12.2 and 12.3, where the
Municipality has inspected a project and is satisfied that it has been completed in a
satisfactory manner, and where a claim for the payment of a grant has been
submitted by the applicant, the Municipality may pay to the applicant any amount
if deems reasonable, but the Province will reimburse the Municipality only the
amount stipulated in subparagraph 13.1.
12.2
No payment shall be made under subparagraph 12.1 unless
the claim for such payment is accompanied by invoices for expenses.
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12.3
No payment shall be made under subparagraph 12.1 unless
the Municipality is satisfied that the application, the project and the claim for
expenses are in conformity with this Agreement.
12.4
"Expenses" means legitimate costs incurred in the course of
the project but does not include the value represented by voluntary contributions of
time,labour, materials or other such things.
REIMBURSEMENT BY THE PROVINCE
13.1
Where the Ministry is satisfied that the Municipality has
processed an applicapon and made a grant in accordance with this Agreement, it
shall reimburse the Municipality an amount equal to the lesser of:
( I) the amount of the applicant's claim to a maximum of 5096 of
the total amount of the invoices submitted under
subparagraph 12.2, or
(II) $2,000.00,
together with 1096 of the amount to offset the administrative costs of the
Municipality.
14.1
No reimbursement shall be made under paragraph 13.1 in
respect of a project unless,
(a)
the Municipality has complied with each and every provision
of this Agreement with respect to that project; and
the Municipality has completed and submitted claim Forms
'N and '8' attached hereto as Appendices 'N and 'B'
respectively, or forms that are substantially similar thereto,
in respect of that project; and
the Municipality has submitted a colour photograph
accurately depicting the completed project.
(b)
(c)
1.5.1
Notwithstanding section 14.1, the Ministry may, in its
absolute discretion, reimburse the Municipality where it considers that such
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reimbursement would be in keeping with ,the objectives of the Building
Rehabilitation and Improvement Campaign.
15.2 A reimbursement made under subparagraph 15.1 shaU not
exceed the amount the Municipality would have received but for its non-
compliance with this Agreement.
16.1 Municipal claims may be submitted to the Ministry in
January and July only of each year.
16.2 The Ministry will endeavour to make payments to
municipalities within 90 days of receipt by the Ministry of the completed claim.
, GENERAL PROVISIONS
17.1 The Municipality agrees to keep and maintain all records,
invoices and other documents relating to the Building Rehabilitation and
Improvement Campaign in a manner consistent with generally accepted accounting
principles and clerical practices.
17.2 The Municipality agrees that the Ministry and its agents
have the right, at any reasonable time, to inspect any documents In the provision or
under the control of the Municipality and which relate to the Building
Rehabilitation and Improvement Campaign.
17.3 The right of inspection under subparagraph 17.1 includes the
right to perform a fuU or partial audit.
13.l
The Municipality agrees to publicize the availability of
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grants under thi~ Agreement.
18.2
Publicity by the Municipality pursuant to subparagraph 18.1
shall refer to the grant as one made pursuant to the Building Rehabilitation and
Improvement Campaign, which will be identified as a provincially funded program.
1'.1
This Agreement may be terminated by either party upon two
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months notice in writing being given to the other party.
IN WITNESS WHEREOF the parties hereto have hereunto set
their hands and seals.
SIGNED, SEALED and DELIVERED
in the presence of:
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HER MAJESTY THE QUEEN
IN RIGHT OF ONTARIO
as represented by:
Minister of Citizenship and
Culture for the Province
of Ontario
THE CORPORATION OF THE TOWN
OF KINCARDINE .
Per:
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Approved for signature of the Minister
of Citizenship and Culture by:
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