CORPORATION OF THE TOWN OF BRACEBRIDGE BY-LAW NO

Transcription

1 CORPORATION OF THE TOWN OF BRACEBRIDGE BY-LAW NO BEING A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF BRACEBRIDGE AND ONTARIO LIMITED WHEREAS pursuant to the Municipal Act, S.O. 2001, c.25, Sections 8 and 9, a municipality has the rights and privileges of a natural person for the purpose of exercising its authority and to enable municipalities to govern affairs as they consider appropriate; AND WHEREAS the broad authority described above includes the authority to execute agreements for municipal purposes; AND WHEREAS it is deemed expedient to enter into an agreement under the Fayade Improvement Program (File No. FIS ) with Ontario Limited ; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF BRACEBRIDGE ENACTS AS FOLLOWS: 1. The Town of Bracebridge and Ontario Limited enter into a Fayade Improvement Loan & Grant of Financial Assistance Agreement for 3 Manitoba Street valued at $ (50% grant) as it meets the program requirements of the Business Improvement Area Community Improvement Plan, June 1, 2005 and complies with the Fayade Design Guidelines approved by Council. 2. The Mayor and Clerk are authorized to execute the Agreement attached to, and forming part of this By-law. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 24TH DAY OF MAY Mayor ~~ v Deputy Clerk

2 THE CORPORATION OF THE TOWN OF BRACEBRIDGE Signage Grant Financial Assistance Agreement An Agreement Made Pursuant to the Provisions of Section 107 of The Municipal Act, S.O. 2001, c. 25, as amended BETWEEN: ONTARIO LIMITED Tenant: Maureen Wylie - andhereinafter called the "APPLICANT", OF THE FIRST PART, THE CORPORATION OF THE TOWN OF BRACEBRIDGE hereinafter called the "TOWN", OF THE SECOND PART. WHEREAS the APPLICANT has applied to the TOWN, pursuant to the provisions of The Municipal Act, S.O. 2001, c. 25, as amended, for a grant for commercial signage improvement located at 3 Manitoba Street, Suite 3, (The Property), within the Bracebridge Business Improvement Area Community Improvement Project Area in the Town of Bracebridge, District Municipality of Muskoka, more particularly described in Schedule "A" appended hereto. AND WHEREAS the signage grant for The Property was approved by the TOWN on the 24th day of May, 2006, subject to certain conditions. NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto covenant and agree as follows: SECTION I - LANDS SUBJECT TO THIS AGREEMENT I) The lands to be bound by the terms and conditions of this Agreement are located at 3 Manitoba Street, Suite 3 in the TOWN of Bracebridge, District Municipality of Muskoka, and are more particularly described in Schedule "A" annexed hereto. SECTION II - COMPONENTS OF THE AGREEMENT I) The text, consisting of Sections I through III inclusive and the following Schedules, which are annexed hereto, constitute the components of this Agreement: SECTION III - GENERAL Schedule "A" - Legal Description of Lands Affected by this Agreement Schedule "B" - Approved Costs Schedule "C" - Grant Payment 1) The TOWN agrees that the amount of this grant (Principal Sum) is $ payable to the APPLICANT in three (3) installments over a two (2) year period. The TOWN, upon notice of completion by the APPLICANT and subsequent approval by the TOWN, shall pay one third of the grant, as the first installment. The TOWN shall pay the balance of the grant on the anniversary of completion and approval of the work over two (2) years in two equal installments. Page 1

3 2) On the happening of any of the following events of default, the TOWN shall cease to pay the balance ofthe remaining Principal Sum commencing on the date of default: a. In the event that the APPLICANT has, in respect of this application, failed to fully disclose a relevant fact or has intentionally or negligently misrepresented any fact; b. In the event that the APPLICANT should suspend or fail to carry on and continuously conduct business advertised by this sign at this address; or, c. In the event that real property taxes on the property are not paid as they become due from time to time, or such other sums as may be lawfully collected as municipal taxes or in a like manner as municipal taxes. 3) This agreement shall be governed in accordance with the laws of the Province of Ontario and shall be binding on all heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF the TOWN has affixed its Corporate Seal attested by the hands of its duly authorized officers. D'~Z7~ 7 ~ THE CORPORATION OF THE Mayor Date: May 29, 2006 ~ Jl\~ Clerk IN WITNESS WHEREOF the OWNER has affixed its hand and seal, and in the case of the corporate OWNER, its Corporate Seal, attested by the hands of its duly authorized officers. Date: Jl.I..... e ~!,,~ Owner or Tenant /'\ , la "(je;. Prin' N=, I'1~Q >tf e Witness: ~ ' V"" ~- Page 2

4 Tenant Authorization by Property Owner to become APPLICANT I, Ontario Limited. Att: Cynthia Watson, am the owner of the land that is subject of this agreement for a Signage Improvement Grant under the Town of Bracebridge Business Improvement Area Community Improvement Plan and I authorize Maureen Wylie, to act as an APPLICANT as my tenant and to install new signage on my property. Date: :::r... e... ~ /0" Si",",""ofO~cr '~J2? Grant Payment Cheques are payable to: Name: The.. CO... ""E!... C... b;ne.t Address: 3-3 M... ",;+oba... S-trE.e.t 6.. O\.c:..e.b,..;d",e ON PIt.. 15L.j -::T-~-----J Telephone #: Co L.{- S - ~ 2i { 0 Fax#: L-:,L.{-S - ;2.2/0 Address:C<:)rl.\eyo(..o..b@>)yI~k<.k G\ (..0 yy\. Page 3

5 SCHEDULE "A" To a Signage Grant Financial Assistance Agreement between Maureen Wylie (Tenant) and the Corporation of the Town of Bracebridge Legal Description: Part Lot 12 N of River EMR, 13 N of River EMR, Plan 6 Bracebridge as in DM95793; SIT DM307257; Bracebridge, The District Municipality of Muskoka Page 4

6 SCHEDULE "B" To a Signage Grant Financial Assistance Agreement between Maureen Wylie (Tenant) and the Corporation of the Town of Bracebridge Approved Cost: $ plus GST Page 5

7 SCHEDULE "C" To a Signage Grant Financial Assistance Agreement between Maureen Wylie (Tenant) and the Corporation of the Town of Bracebridge Grant Apportionment: Approved Cost:... $ Amount Date GROUND FLOOR Principal Sum (Max. $1,500 per property)... $ First Grant Payment (1/3 rd of Principal Sum)... $ Second Grant Payment (1/3 rd of Principal Sum)... $ Final Grant Payment (113 rd of Principal Sum)... $ completion date 1 yr. from completion 2 yrs. from completion Page 6