BY-LAW NO A BY-LAW TO AUTHORIZE AND DIRECT THE MAYOR AND CLERK TO EXECUTE ON BEHALF OF THE CITY OF KINGSTON THE

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1 Clause 2, Report No 108, 1991 BY-LAW NO A BY-LAW TO AUTHORZE AND DRECT THE MAYOR AND CLERK TO EXECUTE ON BEHALF OF THE CTY OF KNGSTON THE PROVNCAL/MUNCPAL AGREEMENT FOR PRDE 3-1 ( ) (CLAUSE 2, REPORT NO 108) PASSED: August 27, 1991 The Councl of The Corporaton of the Cty of Kngston hereby enacts as follows: The Agreement between The Corporaton of the Cty of Kngston and The Mnstry of Muncpal Affars for the PRDE 3-1 ( ) Program s hereby authorzed and confrmed The Mayor and Cty Clerk are hereby authorzed to sgn the sad Agreement on behalf of The Corporaton, whch Agreement s attached hereto as Schedule "A" to ths By-Law 2 Ths By-Law shall come nto force and take effect on the date of ts passng GVEN FRST AND SECOND READNGS August 13, 1991 GVEN THRD READNG AND FNALLY PASSED August 27, 1991 MAYOR CTY CLERK

2 m- ~ / SCHEDULE "A" TO BY-LAW NO ) Clause 2, Report No 108, 1991 Cty of Kngston Co~3unty mprovement :!) Project Area mplementaton Agreement - PRDE THS AGREEMENT made n duplcate ths ~ day of 0C~6~] 1991 BETWEEN: HER MAJESTY THE QUEEN N RGHT OF ONTARO, AS REPRESENTED BY THE MNTSTER OF MUNCPAL AFP'ARS (herenafter called the "Mnster") OF THE FRST PART - and - THE CORPORATON OF THE CTY OF KNGSTON (herenafter called the "Hun~cpalty") OF THE SECOND PART WHEREAS the M, mcpalty s enttled to apply for a 5~ contrbuton under the Ontaro Progra~ for Renewal, mprovement, Development and Economc Revtalzaton (PRDE), of the Mnstry of Muncpal Affars; Ah'D WHEREAS the Muncpalty has satsfed certan pre-requstes for such contrbuton as follows: a) Pursuant to Secton 28(2) of the Plannng Act, SO 1983, Ch 1, the Huncpalty, by 9y-law No 88-5 has desgnated as a communty mprovement project area that area shown outlned n red jl

3 l on the map attached as Schedule "A", herenafter called the "Area", b) Pursuant to Secton 28(4) of the Plannng Act, SO 1983, Ch 1, the Muncpalty, wth the approval of the Mnster or the Ontaro ~mcpal Board, as the case may be, has adopted a communty mprovement plan for the Area, herenafter called the "Communty mprovement Plan", c) The Muncpalty has made wrtten applcaton to the Mnster for fnancal assstance, by way of such contrbuton, to assst n the mprovement of the Area n accordance wth the Communty mprovement Plan, ncludng the costs for the preparaton of the Co--unty mprovement Plan ncurred after the date of approval of the allocaton of funds by the Mnster to the Muncpalty under the aforesad Program; AND WHEREAS pursuant to Secton 30 of the Plannng Act, SO 1983, Ch, the Mnster, subject to the terms and covenants of ths Agreement and subject to the approval of the Leutenant Governor-n-Councl, has agreed to make contrbuton to the Muncpalty of up to 50% of the Acttml Costs, as herenafter defned 9 NON THEREFORE THS AGREEMENT WTNESsEs THAT, n consderaton of the mutual covenants herenafter contaned, the Partes hereto covenant, promse and agree each wth the other as follows: DEFNTONS n ths Agreement a) "Accounts" means such nvoces, bllngs, statements, accounts and related documentaton requred by the Mnstry

4 q,, " to satsfy t as to the amount or amounts of Actual Costs; b) "Actual Costs" means the costs ncurred, and pad by the Muncpalty for the work and servces temzed n Schedule "B" attached hereto; c) "Estmated Costs" means the detaled estmates of elgble costs for the work and servces temzed n Schedule "B"; d) "Mnstry" means the Mnstry of Muncpal Affars for the Provnce of Ontaro, ts successors and assgns; e) "Program" means the Ontaro Program for Renewal, mprovement, Development and Economc Revtalzaton (PRDE); f) "Project" means the work and servces temzed n Schedule "B" and shown on the map attached as Schedule "C" 2 COMPLETON DATES The Muncpalty shall: a) Complete that porton of the mplementaton of the Project to whch the frst 33% of the Actual Costs apply and shall submt to the Mnstry all Accounts n relaton thereto not later than the 31st day of Dec 19 91, beng the Frst Completon Date; b) Complete that porton of the mplementaton of the Project to whch the second 33% of the Actual Costs apply and shall submt to the Mnstry all Accounts n relaton thereto not later than the 31st day of Dec 1992, beng the Second

5 ! ; ComplEton Date; c) Complete the balance of the Project and submt to the Mnstry all Accounts n relaton thereto not later than the 31st day of Dec 1997 beng the Fnal Completon Date 3 MNSTRY CONTRBUTON a) The Mnstry's contrbuton wll be by payments to the Muncpalty of funds totallng 50~ of the Actual Costs accepted by the Mnstry~ up to a maxmum total amount of $200,00000 Ths amount s anupset lmt and wll not be ncreased n any event b) The agreement of the Mnstryto make paymentsof funds under ths Agreement s subjec~ to: ) There beng an appropraton by the Provncal Legslature for the Program for the fscal year n whch the payments would be requred under ths Agreement; () The Mnstry'S rght to lmt payments of funds n any gven fscal year as may be necessary due to unforseen Provncal Government fnancal constrants; () The terms and covenants contaned n ths Agreement (c) The Mnstry, n ts sole dscreton~ may reduce the amount of ts contrbuton n the event that the Muncpalty fals to complete the mplementaton of the Project, or any porton thereofj wthn the tmes set out n clauses 2a),

6 Any 2b) or 2c), or fals to submt Accounts acceptable to the Mnstry, n the percentages and wthn the tmes set out n clauses 2a), 2b) or 2c); provded that the amount or amounts of any such reducton, n the Mnstry's sole dscreton, wll be equal to or less than 50~ of the Estmated Costs for the relevant work or servces not mplemented or for whch acceptable Accounts have not been submtted ACCOUNTS AND PAYMENTS a) The Muncpalty shall submt Accounts to the Mnstry not less frequently than quarter-yearly, wth the frst submsson to be made not later than three months after the date of ths Agreement frst above wrtten; b) Subject to satsfactory revew of Accounts by the Mnstry, the Mnstry wll make payments of funds n accordance wth and subject to" the followng provsons: ) All payments from the Mnstry to the Muncpalty wll be made wthn 30 days of recept from the Muncp/lty of acceptable Accounts; ) After completon or other fnalzaton of the Project, the Mnfstry may undertake a fnal accountng and audt of the Actual Costs and approprate adjustments, n accordance wth the Estmated Costs, wll be made by the Partes" m ov'erpayment by the Mnstry, dscovered at any tme, shall be refunded expedtously by the Muncpalty to the Mnstry after demand n wrtng by the Mnstry

7 :! : t~ 6! H '! [:,' l,!!!! :l '! :1 PROJECT REVEW COMMTTEE The Muncpalty and the Mnstry shall establsh a Commttee to be known as the "Project Revew Commttee" The Project Revew 9 Commttee shall consst of two members apponted from tme to tme One member wll be a muncpal staff member apponted by the Muncpaltyand one member wll be a person apponted by the Mnstry The Project Reyew Commttee wll functon under the follo~ng provsons: a) The Project Revew Commttee wll, from tme to tme, revew the progress of the mplementaton of the Project and any revsons thereto; 14 b) The frst meetng of the Project Revew Commttee shall take El!J!l!l,{ place as soon as mutually convenent followng ts establshment Thereafter, the Project Revew Commttee wll meet as often as the Muncpalty and the Mnstry deem necessary; ' u! ~ :! c) The Project Revew Commttee wll cease to exst upon the completon of the Project PROCEDURES, The Muncpalty shall comply wth the procedures for the Program, as establshed by the Mnstry from tme to tme and hereby ncorporated by reference n ths Agreement, and shall submt Accounts n the format and by the method establshed by ~ the Mnstry,!;!!L

8 ! l 7 SEPARATE FNANCAL RECORDS The Huncpalty shall keep separate fnancal accounts and records for Actual Costs and for contrbuton funds receved from the Hnstry pursuant to ths Agreement 8 RECORDS The Huncpalty shall retan and 9 all documents, contracts, records and Accounts that relate to the work and servces done under the Project for a perlod of seven (7) years from the Fnal Completon Date 9 ACCESS TO RECORDS, The Muncpalty shall permt access by duly authorzed representatves of the Mnstry to such of ts documents, contracts, records and Accounts as are relevant to anythng done under or relatng to ths Agreement 0 PUBLC TENDER The Muncpalty shall let all contracts relatng to the mplementaton, of the Project by publc tender unless the Mnstry, n wrtng, waves ths requrement PUBLSHNG The Mnster or the ~'nstry, wthout any oblgaton to make payment to the Muncpalty or any thrd party, may prnt, publsh or otherwse reproduce n wholeor n part, any report, plan, document or other materal prepared for the Project and may dstrbute any of the same to any person a persons, corporatons, frms or assocatons or otherwse use same n any manner whch they may determne n ther absoute dscreton and the Muncpalty shall so provde n all ts contracts wth thrd

9 partes relatng to the Project 12 NDEMNFCATON The Muncpalty, at all tmes, shall ndemnfy and save harmless the Mnster and the Mnstry from any clam or sut to whch they or ether of them may be subjected and whch may arse as a result of the Project beng undertaken or the publcaton of materal pursuant to Paragraph 11 or for any other reason relatng to ths Agreement 13 PROJECT SGN The Muncpalty agrees to nstall a Project sgn n a conspcuous and vsually unobstructed locaton wthn the Project area The nstallaton of the Project sgn shall be carred out at such tme and n the form, and accordng to specfcatons~ as prescrbedby the Mnstry The ~,-~clpalty shall mantan the Project sgn n good condton untl the Project s fully mplemented, at whch tme t may be removed The cost of the Project sgn shall be deemed to be an Actual Cost so as to qualfy for Mnstry contrbuton 14 SCHEDULES schedules "A", "B" and "C" hereto and all provsons contaned theren shall be, and they are hereby, made part of ths Agreement 15 NO NDUCEMENT OR COLLATERAL AGREEMENTS Ths Agreement, ncludng the rectals, schedules "and any other documents ncorporated by reference heren comprse the whole of the Agreement between the Partes and there are no collateral terms or condtons thereof whch are not so contaned or ncorporated No representatons or nducements have been made

10 / J! or gven to" the Muncpalty whch could gve cause for non-performance or rescsson of ths Agreement or any porton thereof by the Muncpalty 16 AMENDMENTS J An amendment to ths Agreement shall not be bndn E unless t s acknowledged n wrtng by both the Muncpalty and the Mnster or Mnstry, whchever s approprate 17 NOTCES Any notces whch may be gven under the provsons of ths Agreement shall be Suffcently gven f maled by regstered mal, postage prepad, and n the case of the Mnstry or the Mnster, addressed to Paul Ross, Manager, Kngston Regonal Offce, Sute 108, 1055 Prncess Street, Kngston Ontaro, K7L 5T3 and n the case of the Muncpalty, addressed" to the Clerk of the Murdcpalty, or at such other address as the Partes my1 from tme to tme, advse by notce n wrtng Any notce so maled shall be deemed conclusvely to have been gven on the second weekday followng the day of malng 18 NTERPRETATON Wherever the sngular andmasculne are used n ths Agreement, the same shall be construed as mea~j-g the plural, femnlne or neuter, where the context so requres 19 HEADNG3 Paragraph headngs are for ease of reference only and do not form part of ths Agreement 0 ~

11 10,: : 20 PARTES Ths Agreement shall be bndng upon and enure to the beneft the Partes hereto, ther successors and ~sslgns of :1,,,!, r! N WTNESS THEREOF, ths Agreement has been executed ] hereto l, by the Partes HER MAJESTY THE QUEEN N RGHT OF ONTARO, AS REPRKSENTED BY THE MNSTER OF MUNCPALAFFARS l!l 0 lj! Bran Douglas Rddell Assstant Deputy Mnster Muncpal Operatons Dvson THE CORPORATON OF THE CTY OF KNGSTON l! d, t:, MAYOR / -_ { < -~~ -'c"- s CTY CLERK

12 : : : :l U ) U l : # )f S C ~ A Map of Communty mprovement Project Area B Estmated Costs C Map of Project Components ~t,! U )l

13 SCHEDULE "A" CTY OF KNGSTON PROVNCAL-MUNCPAL AGREEMENT PRDE MAP OF COMMUNTY MPROVEMENT PROJECT AREA ~, r ", --, O~: KN C /,'J " f ~- ':f/ /" COMMUNTY MPROVEMENT PLAN NO 3 ~~ lrlf,; ~-~ -::--- t ', 1~ r,(,,, ",'T',,",--;,-,;,,l,,'] "~ : AREA LEGEND BOUNDARY - ~ * 9 Lt _, L~ ''-':~,:;: ~::',: ' "-'!:,,!,,, 14"CATKN 9 5 ADu, RATNGS PASTURE t ;'-,~,,'T-T; ---'-~- _r L L~'?'J SCHEDULE 'A' ( 9 ~"r ft ~l ~" ;- ' ~ ~t COMMUNTY MPROVEMENT PROJECT AREA DnAWNG h ! )ATE:MARCH 0,199"0 SCALe 1,2 000 ~ CTY O r KNGSTON P ANNtNG (~PT

14 p APPENDX 4,1 9 TEMZED COST ESTMATES PRDE PR00ECT 3-1 (ggo-ggl ALLCCATC~ No Project Components Cost Estmate Muncpal Share (50%) Provncal Share (50%) Storm sewer nstallaton, sewer separaton, road and sdewalk nstallaton A Plum Street (Cherry Street to Barro Street) $240,000 $]20,000 $120,000 B Cherry Street (York Street to Quebec Street) C Chestnut Street (Prme Street to Cherry Street) 2 ~McBurney Park mprovements ncludng A new walkways B mproved lghtn G 75,000 37,500 37,500 0 H C landscapng 3 Megaffln Stadum ballpark mprovements ncludng A landscapng B mproved dranage system 40,000 20,000" 20,000 ta 0 H H H C general repars to backstop, screens, benches 4 Frendshp Park upgradng ncludng A new playground equpment 15,000 7,500 7,500 X B mproved lghtng Z 5 Rvervew Park upgradng ncludng A new playground equpment 10,000 5,000 5,000 6 Admnstraton (not to exceed 5% of the total project cost) 20,000 0,000 10,000 TOTAL S,00,000 $200,000 $200,000

15 o 9 SCHEDULE "C"' CTY OF KNGSTON PROVNCAL-MUNCPAL PRDE MAP OF PROJECT AGREEMENT COMPONENTS L- [,~ 0'<" K:\'G~;, c,~ /,~,- ~1 COMMUNTY PLAN NO 3 MPROVEMENT ~ LEGEND :, ",:";;:"!':'l''r~! " 1' r "~, r ~, r ~ " ~ cou~u~,,,,upr~ve~cnt PRC:cc: ~ AREA BOUNDARY t_ KATNGS PASTURE McDURNEY PARK UPGRADNG *UPGRADE LGNT~G *RECONSTRUCT WALKWAY$ -TURF MPROVEMs t 9 MCGAFFN STADUM MPROVEMENTS -MPROVE ALLPARK PLATNG FELD CDNDTGNS "AND DRANAGE FRENDStlP PARK MPROVEMENTS - UPGRADE ~LAYGROUNO EQUPMENT - MPROVE EXSTNG LGHTNG RVERVEW PARK MPROVEMENTS 9 ADDTON OF NrW plaltsround EQUPMENT SEWER "SEPARAT ON APPENDX 31 PROJECT / 1991 PROE PROJECT COMPONENTS ORAWlNG l' 440-DO J )ATr, SEPT 25,1990 SCALE t,2 0OO ~ ~ ~ " ~'~J L CTY OF KNGSTON P1ANNNG (~PT 9 "",'!~ :~" "' ";- ; :,,,,, ~;:,2, ;

16 BY-LAW NO A BY-LAW TO AUTHORZE AND DRECT THE MAYOR AND ~ T O E"~'E~CUTE ON BEH~T~ OF THE CTY OF KNGSTON THE PROVNCAL~CPAL AG~~ FOR PRDE 3-1 ( ) (CLAUSE 2, REPORT NO 108) CTY SOLCTOR