HomeMy WebLinkAbout12 076 The New Seasons Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2012 - 076
BEING A BY -LAW TO ENTER INTO AN AGREEMENT WITH
THE NEW SEASONS LIMITED
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 Municipality wishes to promote the brand and entrance to
Lakeside Downtown Kincardine and The New Season Limited is willing to
provide space on their south facing wall for this purpose;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to enter into an agreement with The New Season Limited to
install signage promoting Lakeside Downtown Kincardine;
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
agreement with The New Season to install signage promoting Lakeside
• Downtown Kincardine attached hereto as Schedule 'A' and forming part of
this by -law.
2. That the Mayor and Chief Administrative Officer be authorized and
directed to execute, on behalf of The Corporation of the Municipality of
Kincardine, the Agreement with The New Season attached hereto as
Schedule 'A'.
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 "The New Seasons Agreement By-
law".
READ a FIRST and SECOND time this 20 day of June, 2012. - --
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• READ a THIRD time and FINALLY PASSED this 20 day of June, 2W_
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.yor Clerk
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality"
-and -
The New Seasons Limited 722 Queen Street, Kincardine, Ontario, N2Z 128
c/o Stephen Quon
Hereinafter called "The New Seasons"
WHEREAS the Municipality wishes to promote the brand and entrance to Lakeside Downtown
Kincardine.
AND WHEREAS The New Seasons is willing to provide space on their south facing wall for this
purpose.
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 the space between existing windows to promote the
branding efforts of the Business Improvement Area of Lakeside Downtown Kincardine at
722 Queen Street.
2. The Municipality shall paint the majority of the visible south wall to accommodate a
fresh look for the sign prior to installation only, with The New Seasons providing $500
towards the painting of the wall.
3. The message on the sign shall be approved by The New Seasons prior to installation.
4. The Municipality is solely responsible for the installation, maintenance, removal and
permit(s), if required.
5. The New Seasons shall not obstruct the visibility of the sign.
6. This Agreement shall be to the benefit of and be binding on the respective owners,
administrators and assigns of the parties hereto.
7. This contract may be terminated within 90 days written notice by either party.
8. The Municipality will provide property coverage insurance for the signs and will add the
owners as additional insurers on the Municipal liability policy.
S - i f
IN WITNESS WHEREOF the Municipality has hereto signed by the C.A.O. this
20 day of June , 2012 and Stephen Quon, owner of The New Seasons
Restaurant located at 722 Queen Street in Kincardine, Ontario has hereunto set their
hand this 1 ' J day of , 1 un e , 2012.
SIGNED, AND DELIVERED
In the presence of
THE CORPORATION OF THE MUNICPALITY OF KINCARDINE
Per: 1 ^ �
Murray Clarke, C.A.O. Date ; = - - Z
Per: aS/l7,
Stephen Murray fitness ) Date
NEW SEASONS RESTAURANT
Per: -- 5 - vnt_ 1 /t
Stephen Quon, Owner - { Date
Per: `07 ( (� a n /
fitness Date
Please note the attached draft sketch of the proposed sign.
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