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HomeMy WebLinkAbout12 077 The Quinn Plaza Limnited Agreement By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT • maK BY-LAW NO. 2012 - 077 BEING A BY -LAW TO ENTER INTO AN AGREEMENT WITH THE QUINN PLAZA 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 heritage and culture of the Kincardine Pipe Band and The Quinn Plaza Limited is willing to provide space on their west facing wall (Queen Street facing) 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 Quinn Plaza Limited to install signage promoting the heritage and culture of the Kincardine Pipe Band; 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 Quinn Plaza Limited to install signage promoting the • heritage and culture of the Kincardine Pipe Band 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 Quinn Plaza Limited 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 Quinn Plaza Limited Agreement By -law ". READ a FIRST and SECOND time this 20 day of June, 2012. M DqD lerc • READ a THIRD time and FINALLY PASSED this 20 day of June, 2012. ayor L�w�f ler c ; _ ' THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" -and- The Quinn Plaza Limited, 929 Queen Street, P.O. Box 369 STN Main, Kincardine, Ontario N2Z 2Y8 c/o Susan Catto Hereinafter called "Quinn Plaza" WHEREAS the Municipality wishes to promote the heritage and culture of the Kincardine Pipe Band. AND WHEREAS Quinn Plaza is willing to provide space on their west facing wall (Queen Street facing) 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 the existing New Orleans and My Wraps signs (see attached example). 2. The message on the sign shall be approved by Quinn Plaza prior to installation. 3. The Municipality is solely responsible for the installation, maintenance, upkeep, removal and permit(s), if required. 4. The painted mural shall be attached to the wall, not painted directly on the wall. 5. Quinn Plaza 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 maybe 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. IN WITNESS WHEREOF the Municipality has hereto signed by the C.A.O. this 1;�, day of .��, 2012 and Susan Catto, President of Quinn Plaza located at 929 Queen Street in Kincardine, Ontario has hereunto set their hand this 1,2 day of 2012. SIGNED, AND DELIVERED In the presence of THE CORPORATION OF THE MUNICPALITY OF KINCARDINE Per: l `tea Murray Clarke, C.A.O. Per: Stephen a The Quinn Plaza Limited Per: Per Date Date Please note the attached draft sketch of the proposed sign /mural. Susan Catto, President Date