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HomeMy WebLinkAbout21 068 Huron Terrace Forcemain Borrowing By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2021 - 068 BEING A BY-LAW TO AUTHORIZETHE SUBMISSION OF AN APPLICATION TO 65:)81615.8)9:8;+:;8-)5,3)5,9+68768):165W613+X FOR THE FINANCING OF CERTAIN ONGOING CAPITAL WORK(S) OF THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE:0-W4;51+17)31:>X ;TO AUTHORIZE TEMPORARY BORROWING FROM OILC TO MEET EXPENDITURES IN CONNECTION WITH SUCH CAPITAL WORK(S); AND TO AUTHORIZE LONG-TERM BORROWING FOR SUCH CAPITAL WORK(S) THROUGH THE ISSUE OF DEBENTURES TO OILC WHEREAS the Municipal Act, 2001(Ontario), FXFRJSIJI" YMJa Act b!UWT\[NIJXYMFYF municipal power shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; AND WHEREAS the Council of the Municipality has passed the by-law(s) enumerated in column (1) of SchedZQJa2bFYYFHMJIMJWJYo and forming part of this By-QF\\ a Schedule W)X!FZYMTWN_NSLYMJHFUNYFQ\\TWP X!IJXHWNGJINSHTQZRS (!TKAHMJIZQJa2b a Capital Work(s)b!NSYMJFRTZSYTKYMJWJXUJHYN\[JJXYNRFYJIJ\]UJSINYZWJXJYTZYNSHTQZRS )!TK AHMJIZQJa2b, subject in each case to approval by OILC of the financing for such Capital Work(s) requested by the Municipality in the Application as hereinafter defined; AND WHEREAS before the Council of the Municipality approved the Capital Work(s) in accordance with section 4 of Ontario @JLZQFYNTS*&)%&( YMJa Regulation b!"YMJ4TZSHNQ of the Municipality had its Treasurer calculate an updated limit in respect of its then most recent annual debt and financial obligation limit received from the Ministry of Municipal Affairs and Housing (as XTZUIFYJI"YMJa;NC@QDC3HKHQX), and, on the basis of the authorized estimated expenditure for the Capital Work or each Capital Work, as the case may be, as set out in column )!TKAHMJIZQJa2b YMJa Authorized Expenditure bKTWFS^ such Capital Work), the Treasurer calculated the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, and determined that the estimated annual amount payable in respect of the Capital Work or each Capital Work, as the case may be, did not cause the Municipality to exceed the Updated Limit, and accordingly the approval of the Local Planning Appeal Tribunal pursuant to the Regulation, was not required before any such Capital Work was authorized by the Council of the Municipality; AND WHEREAS subsection 405 (1) of the Act provides, amongst other things, that a municipality may authorize temporary borrowing to meet expenditures made in connection with a work to be financed in whole or in part by the issue of debentures if, the municipality is an upper-tier municipality, a lower-tier municipality in a county or a single-tier municipality and it has approved the issue of debentures for the work; AND WHEREAS subsection 401(1) of the Act provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures and prescribed financial instruments and enter prescribed financial agreements for or in relation to the debt; Page 2 of 4 Huron Terrace Forcemain Borrowing By-law By-law No. 2021 - 068  AND WHEREAS the Act also provides that a municipality shall authorize long-term borrowing by the issue of debentures or through another municipality under section 403 or 404 of the Act; AND WHEREAS OILC has invited Ontario municipalities desirous of obtaining temporary and long-term debt financing in order to meet capital expenditures incurred on or after the year that is five years prior to the year of an application in connection with eligible capital works to make application to OILC for such financing by completing and submitting an application in the form provided by OILC; AND WHEREAS the Municipality has completed and submittedor is in the process of submitting an application to OILC, as the case may be YMJa Application b!YTWJVZJXY financing for the Capital Work(s) by way of long-termborrowing through the issue of debentures to OILC and by way oftemporary borrowing from OILC pending the issue of such debentures; AND WHEREAS OILC has accepted and has approved or will notify the Municipality only if it accepts and approvesthe Application, as the case may be; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ENACTS AS FOLLOWS: 1. The Council of the Municipality hereby confirms, ratifies and approves the execution by the Treasurer of the Application and the submission by such authorized official of the Application, duly executed by such authorized official, to OILC for the financing of the Capital Work(s) in the maximum aggregate principal amount of $8,629,030 XZGXYFSYNFQQ^NSYMJKTWRTKAHMJIZQJa3bMJWeto and forming part of this By-law, with such changes thereon as such authorized official may hereafter, approve such execution and delivery to be conclusive evidence of such approval. 2. The Mayor and the Treasurer are hereby authorized to negotiate and enter into, execute and deliver for and on behalf of the Municipality a financing agreement (a a Financing Agreement b!\\NYM>9;4YMFYUWT\[NIJXKTWYJRUorary and long-term borrowing from OILC under the authority of this By-lawin respect of the Capital Work(s) on such terms and conditions as such authorized officials may approve, such execution and delivery to be conclusive evidence of such approval. 3. The Mayor and/or the Treasurer are hereby authorized, pending the substantial completion of the Capital Work or of each Capital Work, as the case may be, or as otherwise agreed with OILC, to make temporary borrowings pursuant to section 405 of the Act in respect of the Capital Work or of each Capital Work, as the case may be, on the terms and conditions provided in the Financing Agreement which Financing Agreement provides that the information contained in the Record, as defined in the Financing Agreement, in respect of such temporary borrowings shall be deemed final, conclusive and binding on the Municipality, and on such other  Page 3of 4 Huron Terrace Forcemain Borrowing By-law By-law No. 2021 - 068 terms and conditions as such authorized officials may agree; and the Treasurer is authorized to sign such certifications as OILC may require in connection with such borrowings in respect of the Capital Work(s); provided that the amount of borrowings allocated to the Capital Work or of each Capital Work, as the case may be, does not exceed the Authorized Expenditure for such Capital Work and does STYJ\]HJJIYMJWJQFYJIQTFSFRTZSYXJYTZYNSHTQZRS *!TKAHMJIZQJa2bNSWJXUJHY of such Capital Work. 4. Subject to the terms and conditions of the Financing Agreement and such other terms and conditions as OILC may otherwise require, theMayorand the Treasurer are hereby authorized to long-term borrow for the Capital Work(s) and to issue debentures to OILC on the terms and conditions provided in the Financing Agreement and on such other terms and conditions as such authorized officials may FLWJJ YMJa Debentures b!1UWT\[NIJIYMFYYMJUWNSHNUFQFRTZSYTKYMJ Debentures issued in respect of the Capital Work or of each Capital Work, as the case may be, does not exceed the Authorized Expenditure for such Capital Work and does not exceed the related loan amount set out in column (4) of Schedule a2bNSWJXUJHYTKXZHM4FUNYFQDTWP$ 5. In accordance with the provisions of section 25 of the Ontario Infrastructure and Lands Corporation Act, 2011, as amended from time to time hereafter, the Municipality is hereby authorized to agree in writing with OILC that the Minister of Finance is entitled, without notice to the Municipality, to deduct from money appropriated by the Legislative Assembly of Ontario for payment to the Municipality, amounts not exceeding the amounts that the Municipality fails to pay to OILC on account of any unpaid indebtedness of the Municipality to OILC under any outstanding temporary borrowing and/or the Debentures, as the case may be YMJa Obligations b! and to pay such amounts to OILC from the Consolidated Revenue Fund. 6. For the purposes of meeting the Obligations, the Municipality shall provide for raising in each year as part of the general levy, the amounts of principal and interest payable in each year under any outstanding temporary borrowing and/or any Debenture outstanding pursuant to the Financing Agreement, to the extent that the amounts have not been provided for by any other available source including other taxes or fees or charges imposed on persons or property by a by- law of any municipality. 7. (a) The Mayor and the Treasurer are hereby authorized to enter into, execute and deliver the Financing Agreement, and to issue the Debentures, one or more of the Clerk and the Treasurer are hereby authorized to generally do all things and to execute all other documents and papers in the name of the Municipality in order to perform the Obligations of the Municipality under the Financing Agreement, to request and receive any temporary borrowing and to issue the Debentures, and the Treasurer is authorized to affix the <ZSNHNUFQNY^`XRZSNHNUFQXJFQYTFS^XZHMITHZRJSYXFSIUFUJWX$ Page 4 of 4 Huron Terrace Forcemain Borrowing By-law By-law No. 2021 - 068  (b) The money realized in respect of any temporary borrowing for the Capital Work(s) and the Debentures, including any premium, and any earnings derived from the investment of that money, after providing for the expenses related to any such temporary borrowing and to the issue of the Debentures, if any, shall be apportioned and applied to the respective Capital Work and to no other purpose except as permitted by the Act. 8. This By-law takes effect on the day of passing. 9. That this By-QF\\RF^GJHNYJIFXYMJa8ZWTSBJWWFHJ7TWHJRFin Borrowing By- QF\\b$ th READ a FIRST and SECOND TIME this 12 day of April, 2021. th READ a THIRD TIME and FINALLY PASSED this 12 day of April, 2021. Sboez!Spqqfm Kfoojgfs!Mbxsjf Tjhofe!xjui!DpotjhoP!Dmpve!)313201502:* Tjhofe!xjui!DpotjhoP!Dmpve!)3132015033* Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/ Wfsjgz!xjui!DpotjhoP!ps!Bepcf!Sfbefs/ Deputy Mayor Clerk  9BGDCRJDW)X to By-Law No. 2021 - 068 (Ongoing Capital Work(s)) (1) (2) (3) (4) Estimated By-Law NumberDescription of Capital Work Loan Amount Expenditure Huron Terrace Forcemain 2020-015$8,914,030 $8,629,030 Replacement 9BGDCRJDW*X to By-Law Number No. 2021 - 068 7JD@PDHLPDOQQGD613+)NNJHB@QHMLHLQM9BGDCRJDW*X" Ejhjubmmz!tjhofe!cz!Hfpshf! Tlbsjbi! Hfpshf!Tlbsjbi Ebuf;!3132/16/35!32;1:;4:! .15(11( Ejhjubmmz!tjhofe!cz! Spo! Spo!Ibsnpo! Ebuf;!3132/16/32! Ibsnpo 25;13;61!.15(11( Ejhjubmmz!tjhofe!cz!Spybob!Cbvnboo! EO;!do>Spybob!Cbvnboo-!p-!pv-! Spybob!Cbvnboo fnbjm>scbvnbooAljodbsejof/ofu-!d>DB! Ebuf;!3132/16/2:!1:;58;36!.15(11( SpybobCbvnboo Usfbtvsfs0EjsfdupspgDpsqpsbufTfswjdft Tjhofe!cz!Hfssz!Hmpwfs!)313201602:* Wfsjgz!xjui!wfsjgjp/dpn!ps!Bepcf!Sfbefs/ Hfssz!Hmpwfs Nbzps Ejhjubmmz!tjhofe!cz! Spo! Spo!Ibsnpo! Ebuf;!3132/16/32! Ibsnpo 25;15;51!.15(11( Ejhjubmmz!tjhofe!cz!Spybob!Cbvnboo! EO;!do>Spybob!Cbvnboo-!p-!pv-! fnbjm>scbvnbooAljodbsejof/ofu-!d>DB! Spybob!Cbvnboo Ebuf;!3132/16/2:!1:;59;2:!.15(11( Nbz2:-3132 Tjhofe!cz!Hfssz!Hmpwfs!)313201602:* Wfsjgz!xjui!wfsjgjp/dpn!ps!Bepcf!Sfbefs/ Nbz!2:-!3132 4/26/2021 Infrastructure Ontario-Signature Page ONTARIO INFRASTRUCTURE a ri o AND LANDS CORPORATION (OILC) LOAN APPLICATION SIGNATURE PAGE Infrastructure Ontario Application Printed Date: 04/26/2021 ID: 593 Application 04/26/2021 Submit Date: I/We acknowledge that a Loan Application has been submitted to Ontario Infrastructure and Lands Corporation (OILC) containing the following information. Eligible Category Loan Amount Sewage Treatment Infrastructure $8,629,030.00 ---------------- Total $8,629,030.00 Name of Name of Kincardine, The Corporation of The Treasurer's Roxana Baumann Borrower: Municipality of (or equivalent): Telephone 519-396-3468 x.7107 Address: 1475 Concession 5 N2Z2X6 ON Number: 41020 ID: The undersigned certifies that he/she has read the OILC loan program guidelines and all information provided to OILC is accurate and complete. The undersigned acknowledges that some information provided may be shared with the line ministries to provide technical expertise to OILC. Applicant agrees to provide OILC with additional information as required in order to process the loan. Digitally signed by Roxana Baumann Treasurer's Roxana Baumann eemal�-ReumanBaumann,o,ou, n@k!nc b @kincardine.net—CA (or Date:2021.41612:19:05-04'00' April 26, 2021 equivalent) Date: Signature: https://webloans.infrastructureontario.ca/LoanApplication/Signature/593 1/1 Document #A1.i. (TB-General) TREASURER'S CERTIFICATE RE LITIGATION Single-tier/County/Region's purposes Loan Application No.593 Program Year:2021 CERTIFICATE OF TREASURER REGARDING LITIGATION (TEMPORARY BORROWING) IN THE MATTER OF an application of THE CORPORATION OF THE MUNICIPALITY OF (the "Municipality") No. 593 (the "Application") to Ontario Infrastructure and Lands Corporation ("OILC") for temporary and long term project financing in the maximum aggregate principal amount of $8,629,030 in respect of the capital work(s) more particularly described in the Application (individually a "Capital Work" and collectively the "Capital Works") TO: OI LC This Certificate is delivered as an attachment to the Application under paragraph H of the Application. I, Roxana Baumann, the Treasurer of the Municipality, certify for and on behalf of the Municipality as follows: 1. Except as summarized in Exhibit "A" hereto, there is no litigation or judicial or administrative proceeding of any kind now existing, pending or threatened that in any way seeks to restrain, enjoin, delay or otherwise adversely affect the commencement or completion of [any of] [the] Capital Works[s] or that would adversely affect or substantially impair the Municipality's ability to meet its debt obligations as they generally come due or that in any manner questions the proceedings and authority under which the Capital Work[s] or the borrowings applied for in the Application have been or will be authorized, or the capacity of the officers of the Municipality authorized in that behalf thereunder. 2. The Municipality is not now subject to any restructuring order under Part V of the Municipal Act, 2001; accordingly, no approval of the Capital Work[s], the Application or the borrowings applied for in the Application is required to be given by any transition board or commission appointed in respect of the restructuring of the Municipality. Digitally signed by Roxana Baumann DATED April 26, 2021. Roxana Baumann eemall-rbaumannn@kncardi—Roxana Baumann,one.net,c--CA Date:2021.04.26 12:24:32-04'00' Roxana Baumann, Treasurer The Corporation of the Municipality of Kincardine [Affix Municipality's Corporate Seal] EXHIBIT "A" PENDING LITIGATION None Single Tier Treasurer's Certificate for Drawdowns Financing Agreement No. 1611 Program Year:2021/2022 CERTIFICATE OF TREASURER REGARDING TEMPORARY FINANCING IN THE MATTER OF an issue of debentures (the "Debentures") of The Corporation of The Municipality of Kincardine (the "Municipality") in the aggregate principal amount of $8,629,030.00 (Eight Million Six Hundred Twenty Nine Thousand Thirty Dollars) as authorized by the Municipality by the relevant authorizing by-law(s) of the Municipality (the "Authorizing By- law(s)"), which Debentures are to be issued to the Ontario Infrastructure and Lands Corporation ("OILC") to finance the work(s) described in column (2) of Schedule "A" and Schedule "B" (if applicable) to the Authorizing By- Law (individually a "Capital Work" and collectively the "Capital Works") AND IN THE MATTER OF temporary financing to be obtained from OILC to meet expenditures made in connection with the Capital Work(s), as authorized by the Authorizing By-law, pending the issue of the Debentures TO: OILC This Certificate is issued pursuant to the financing agreement between OILC and the Municipality effective the 10th day of May, 2021 (the "Financing Agreement'). Capitalized terms used herein and defined in the Financing Agreement have the meanings ascribed to them in the Financing Agreement. I, Roxana Baumann, the treasurer of the Municipality, hereby request that OILC make an Advance to the Municipality on the 15th day of October 2021 (the "Advance Date") in the principal amount of $2,400,000.00, said principal amount as calculated using Schedule "A"to this Treasurer's Certificate, as authorized by the Authorizing By-law and as contemplated by the Financing Agreement (the "Requested Advance"), such Requested Advance to be evidenced by an entry in the Record as provided in the Financing Agreement. I agree on behalf of the Municipality that the Requested Advance shall bear interest at the rate per annum equal to the Advance Interest Rate determined in accordance with the Financing Agreement as at the date hereof and that the Requested Advance shall be repayable out of the proceeds of the Debentures and otherwise at the time or times and in the manner set out in the Financing Agreement. I hereby certify for and on behalf of the Municipality as follows; 1. The Authorizing By-law(s)has/have been passed by the Council of the Municipality in full compliance with the Municipal Act, 2001 (Ontario), as amended, (the "Act") and the regulations made thereunder. 2. Forthwith after the passage of the Authorizing By-law(s), the same was/were signed by the Head of the Council and the Clerk and sealed with the municipal seal of the Municipality. 3. No application has been made or action brought to quash, set aside or declare invalid the Authorizing By-law(s) nor has/have the same been in any way repealed, altered or amended and the Authorizing By-laws) is/are now in full force and effect. 4. All of the recitals contained in the Authorizing By-law(s) are true in substance and fact. 5. Since the date of the last Advance, if any, the Municipality has expended funds on Capital Work(s), as noted on the attached Schedule A, (excluding financing costs) (each, a "Capital Work Expenditure") and all amounts entered on such Schedule "A" are true and correct. 6. The principal amount of the Requested Advance has been calculated using Schedule "A" to this Treasurer's Certificate and all amounts used in such calculation are true and correct. 7. The amount of the Requested Advance, when added to the aggregate amount of Advances now outstanding in respect of a Capital Work does not exceed the expenditures for that Capital Work as approved by the Authorizing By-law. 8. The amount of the Requested Advance when added to the aggregate amount of all Advances then outstanding in respect of a Capital Work, does not exceed the Committed Amount for that Capital Work. 9. The proceeds of the Requested Advance will be applied to one or more of the Capital Work(s) and will not be applied to any other purposes. 10. To the extent that the public notice provisions of the Act are applicable in respect of the Capital Work(s), the Municipality has fully complied with such public notice provisions. 11. The Authorizing By-law(s) and the transactions contemplated thereby do not conflict with, or result in a breach or violation of any statutory provisions which apply to the Municipality or any agreement to which the Municipality is a party or under which the Municipality or any of its property is or may be bound, or, to the best of my knowledge, violate any order, award, judgment, determination, writ, injunction or decree applicable to the Municipality of any regulatory, administrative or other government or public body or authority, arbitrator or court. 12. The representations and warranties of the Municipality set out in paragraph 2 of the Financing Agreement are true and correct as at the date hereof. 13. Any issues that were raised in any audit conducted under paragraph 16 (a) of the Financing Agreement have been resolved to the satisfaction of OILC in its sole discretion and/or OILC has not required an audit under paragraph 16 (a) of the Financing Agreement or no such audit is ongoing. 14. The Municipality is not in material default of any of its obligations under the Financing Agreement as at the date hereof and none of the events described in paragraph 12(c) of the Financing Agreement has occurred and is continuing. 15. The Municipality has not reached or exceeded its updated debt and financial obligation limit as at the date hereof. 16. No litigation or proceedings of any nature are now pending or threatened, attacking or in any way attempting to restrain or enjoin the temporary borrowing of the Municipality by way of the Requested Advance, or in any manner questioning the proceedings and authority under which such borrowing will be made, or the capacity of the officers of the Municipality authorized thereunder to make such borrowing, and no authority or proceedings for such borrowing or any part of it has been repealed, revoked or rescinded in whole or in part. 17. The Municipality is not now subject to any restructuring order under Part V of the Act or other statutory authority; accordingly, no approval of the Authorizing By-law, the Financing Agreement, or the transactions contemplated thereby, or any Advance is required to be given by any transition board or commission appointed in respect of the restructuring of the Municipality. DATED October 15, 2021 Roxana Baumann, Treasurer The Corporation of The Municipality of Kincardine U) C 0 cmro E cD cV CV C) 0 0 6 C5 0 CD 0 C) cu - - o > 0 0 0 o ql It cq C\i C14 64 60- L6 C%4 0 co C14 iT- CD L>1 U-)T LO. (0 (0 0 C6 cl� CL Q) 0 CD 4- 0 0 C� 0 '0 ca C� SLR C C) 0 0 x (6 (6 U9- 6c� CL 0 CD� 0 C) Q m co 0 0 -E E CD 0 C5 6 < 40i C6 0 0 04 N C) C) 0 co CD� CD 00 6q V> C\j (N 69- 619, 0 CD (D E CU Cam} .2 E 0 C6 C6C c1YCU 0 o E > 0 a) a) C: L- u m :3 X 0' (n a) E cu m " m F- o w E cu (D 0 E (cu r 0 X o " 0 0 LL E cn m I- r- Q.1 a: =3 0 0 > u 0 Crud E E 0 < Single Tier Treasurer's Certificate for Drawdowns Financing Agreement No. 1611 Program Year:2021/2022 CERTIFICATE OF TREASURER REGARDING TEMPORARY FINANCING IN THE MATTER OF an issue of debentures (the "Debentures") of The Corporation of The Municipality of Kincardine (the "Municipality") in the aggregate principal amount of $8,629,030.00 (Eight Million Six Hundred Twenty Nine Thousand Thirty Dollars) as authorized by the Municipality by the relevant authorizing by-law(s) of the Municipality (the "Authorizing By- law(s)"), which Debentures are to be issued to the Ontario Infrastructure and Lands Corporation ("OILC") to finance the work(s) described in column (2) of Schedule "A" and Schedule "B" (if applicable) to the Authorizing By- Law (individually a "Capital Work" and collectively the "Capital Works") AND IN THE MATTER OF temporary financing to be obtained from OILC to meet expenditures made in connection with the Capital Work(s), as authorized by the Authorizing By-law, pending the issue of the Debentures TO: OILC This Certificate is issued pursuant to the financing agreement between OILC and the Municipality effective the 10th day of May, 2021 (the "Financing Agreement"). Capitalized terms used herein and defined in the Financing Agreement have the meanings ascribed to them in the Financing Agreement. I, Roxana Baumann, the treasurer of the Municipality, hereby request that OILC make an Advance to the Municipality on the 15th day of March, 2022 (the "Advance Date") in the principal amount of$1,625,000.00, said principal amount as calculated using Schedule "A"to this Treasurer's Certificate, as authorized by the Authorizing By-law and as contemplated by the Financing Agreement (the "Requested Advance"), such Requested Advance to be evidenced by an entry in the Record as provided in the Financing Agreement. I agree on behalf of the Municipality that the Requested Advance shall bear interest at the rate per annum equal to the Advance Interest Rate determined in accordance with the Financing Agreement as at the date hereof and that the Requested Advance shall be repayable out of the proceeds of the Debentures and otherwise at the time or times and in the manner set out in the Financing Agreement. I hereby certify for and on behalf of the Municipality as follows: 1. The Authorizing By-law(s) has/have been passed by the Council of the Municipality in full compliance with the Municipal Act, 2001 (Ontario), as amended, (the "Act") and the regulations made thereunder. 2. Forthwith after the passage of the Authorizing By-law(s), the same was/were signed by the Head of the Council and the Clerk and sealed with the municipal seal of the Municipality. 3. No application has been made or action brought to quash, set aside or declare invalid the Authorizing By-law(s) nor has/have the same been in any way repealed, altered or amended and the Authorizing By-law(s) is/are now in full force and effect. 4. All of the recitals contained in the Authorizing By-law(s) are true in substance and fact. 5. Since the date of the last Advance, if any, the Municipality has expended funds on Capital Work(s), as noted on the attached Schedule A, (excluding financing costs) (each, a "Capital Work Expenditure") and all amounts entered on such Schedule "A" are true and correct. 6. The principal amount of the Requested Advance has been calculated using Schedule "A" to this Treasurer's Certificate and all amounts used in such calculation are true and correct. 7. The amount of the Requested Advance, when added to the aggregate amount of Advances now outstanding in respect of a Capital Work does not exceed the expenditures for that Capital Work as approved by the Authorizing By-law. 8. The amount of the Requested Advance when added to the aggregate amount of all Advances then outstanding in respect of a Capital Work, does not exceed the Committed Amount for that Capital Work. 9. The proceeds of the Requested Advance will be applied to one or more of the Capital Work(s) and will not be applied to any other purposes. 10. To the extent that the public notice provisions of the Act are applicable in respect of the Capital Work(s), the Municipality has fully complied with such public notice provisions. 11. The Authorizing By-law(s) and the transactions contemplated thereby do not conflict with, or result in a breach or violation of any statutory provisions which apply to the Municipality or any agreement to which the Municipality is a party or under which the Municipality or any of its property is or may be bound, or, to the best of my knowledge, violate any order, award, judgment, determination, writ, injunction or decree applicable to the Municipality of any regulatory, administrative or other government or public body or authority, arbitrator or court. 12. The representations and warranties of the Municipality set out in paragraph 2 of the Financing Agreement are true and correct as at the date hereof. 13. Any issues that were raised in any audit conducted under paragraph 16 (a) of the Financing Agreement have been resolved to the satisfaction of OILC in its sole discretion and/or OILC has not required an audit under paragraph 16 (a) of the Financing Agreement or no such audit is ongoing. 14. The Municipality is not in material default of any of its obligations under the Financing Agreement as at the date hereof and none of the events described in paragraph 12(c) of the Financing Agreement has occurred and is continuing. 15. The Municipality has not reached or exceeded its updated debt and financial obligation limit as at the date hereof. 16. No litigation or proceedings of any nature are now pending or threatened, attacking or in any way attempting to restrain or enjoin the temporary borrowing of the Municipality by way of the Requested Advance, or in any manner questioning the proceedings and authority under which such borrowing will be made, or the capacity of the officers of the Municipality authorized thereunder to make such borrowing, and no authority or proceedings for such borrowing or any part of it has been repealed, revoked or rescinded in whole or in part. 17. The Municipality is not now subject to any restructuring order under Part V of the Act or other statutory authority; accordingly, no approval of the Authorizing By-law, the Financing Agreement, or the transactions contemplated thereby, or any Advance is required to be given by any transition board or commission appointed in respect of the restructuring of the Municipality. DATED March 15, 2022 u� Roxana Baumann, Treasurer The Corporation of The Municipality of Kincardine o O O O to dl 0 O Q L L Q (D CO 64 69 O O � o 0 0 0 mm a m N N N I Q Q cD C4 O r I..: N aC9 T t4 6'3 CD •0 N C r CDO r b 4G O O U O C Q) d O O .Q v +O+ O O Q i 7 ❑ O O O U E 4 >- LL. Q 6g fA N O _0 F- N O O O Q C Q C H O 0 J O O O .O L fp vj *+ O O m W ti ti Q1 (C CQ i N ti 7 L O W ff} 64 Q i ya N Q = O O � �? 00 O O O O C E co co O O C � O O Q Oj 6i O O O N N 0 LO d a) cQ CD N N w O 00 oD CO CO 0 !t O 6ci O O O N ++ O O a} U m C o Q M Mce) � 0 N U o o c E U N r .x y,� r r r_ (D (6 L O rn C c6 U E H LPL p c v ai U � a N axi E 0 c a i O m m 'm � H o Z a) E a) E ca "~ (D +'' �' a) U X Q U i N O O C a , OOQ E �, C C N C O LL 0) _ N D N ' LL 2 R3 Z3 O 0 > g1 L co CB .0 O E {� Uj D � Q I— N ¢ , (Z