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HomeMy Public PortalAboutBYLAW 2010-54 AMEND ISF AGRMNT (ST ALPHONSE IMPROV)THE CORPORATION OF THE TOWN OF TECUMSEH BY LAW NUMBER 2010-54 Being a by-law to authorize the execution of an Addendum to the Infrastructure Stimulus Fund Contribution Agreement between The Corporation of the Town of Tecumseh and Her Majesty the Queen in Right of Ontario as represented by the Minister of Energy and Infrastructure and the Minister of Agriculture, Food and Rural Affairs ("OMAFRA"). WHEREAS the Government of Canada has established a $4 billion Infrastructure Stimulus Fund (ISF) under Canada's Economic Plan to mitigate against the impacts of the global economic recession by increasing the total amount of construction activity to projects that can start and be substantially completed in fiscal years 2009-2010 and 2010-2011; AND WHEREAS the Government of Ontario also recognizes the impacts of the global economic recession on the Province of Ontario and is actively mitigating against those impacts by increasing the total amount of construction activity to projects that can start and be substantially completed in fiscal years 2009-2010 and 2010-2011; AND WHEREAS the purpose of the Infrastructure Stimulus Fund Contribution Agreement ("Agreement") is directed at capital projects that involve moveable or non -moveable assets, constructed, rehabilitated, or improved, in whole or in part; AND WHEREAS this Agreement defines the terms and conditions of a financial contribution from the Government of Canada and the Government of Ontario to assist with projects under ISF which. is being administered by the Government of Ontario; AND WHEREAS the Council of The Corporation of the Town of Tecumseh entered into an Agreement with the Government of Canada for contribution funding under the Infrastructure Stimulus Fund of the St. Alphonse Avenue Reconstruction Project, on September 22, 2009; AND WHEREAS the Council of The Corporation of the Town of Tecumseh is desirous of entering into an Addendum to the Agreement with the Government of Canada relating to the scope of the St. Alphonse Avenue Reconstruction Project AND WHEREAS under Section 5 of the Municipal Act 2001, S.O. 2001 c.25, the powers of a municipality shall be exercised by its Council by by-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF TECUMSEH HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk be and they are hereby authorized and empowered on behalf of The Corporation of the Town of Tecumseh, to execute an Addendum to the Infrastructure Stimulus Fund Contribution Agreement between The Corporation of the Town of Tecumseh and Her Majesty the Queen in Right of Ontario as represented by the Minister of Energy and Infrastructure and. the Minister of Agriculture, Food and Rural Affairs ("OMAFRA"), dated the 10th day of August, 2010, a copy of which Addendum is attached hereto and forms part of this by-law and to do such further and other acts which may be necessary to implement the said Addendum to the Infrastructure Stimulus Fund Contribution Agreement. 2. THAT this by-law shall come into force and take effect upon on the date of the third and final reading thereof. READ a first, second and third time and finally passed this 10th day of August, 2010. "SEAL" f �-iy McNamara, Mayor Infrastructure Stimulus Fund — Contribution Agreement Addendum ADDENDUM This Addendum made as of the io day of �/ ur 2010.. BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, as represented by the Minister of Energy and Infrastructure and the Minister of Agriculture, Food and Rural Affairs (referred to herein jointly as "Ontario" and as "OMAFRA" in the latter case) AND: THE CORPORATION OF THE TOWN OF TECUMSEH WHEREAS an Agreement dated September 9, 2009, was executed by The Corporation of the Town of Tecumseh and Her Majesty the Queen in Right of Ontario as represented by the Minister of Energy and Infrastructure and the Minister of Agriculture, Food and Rural Affairs; AND WHEREAS it has become necessary to amend certain Schedules of the Agreement; NOW THEREFORE the parties agree to amend the Agreement as follows: 1. Schedule B is repealed and Schedule "B", as attached, is substituted. 2. All other terms and conditions of the Agreement will remain in effect. IN WITNESS WHEREOF the parties have executed this Addendum. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of-EweFqy ai;d-Infrastructure by: Name: The Honourable Title: Minister of Infrastructure and by the Minister of Agriculture, Food and Rural Affairs by: IDCT 2 e ilio Date J Infrastructure Stimulus Fund — Contribution Agreement Addendum Name: The Honourable Carol Mitchell Date Title: Minister of Agriculture, Food andRural Affairs RECIPIENT'S NAME: THE CORPORATION OF THE TOWN OF TECUMSEH by: N ry McNamar Date Title: Mayor Affix Corporate Seal Name-/1','p Date Title��i v I/we have authority to bind the Recipient Infrastructure Stimulus Fund — Contribution Agreement Addendum SCHEDULE "B" DESCRIPTION OF THE PROJECT(S) FILE NUMBER PROJECT TITLE PROJECT DESCRIPTION PROJECT CONSTRUCTION START DATE ABORIGINAL CONSULTATION SCHEDULE L 1748 St. Alphonse The Town of Tecumseh 08/04/2009 L1 Avenue proposes the Reconstruction reconstruction of St. Alphonse Avenue. The project includes the reconstruction of the existing roadway to a two-lane road including curb and gutter with dedicated bicycle lanes (both sides). This project includes the construction of a storm sewer, sanitary sewer repairs, concrete sidewalk and decorative streetlighting. The project will also include the reconstruction of a portion of South Pacific - Ave. and will include the paving and construction of pathways, tree planting and screening for pathways, play set removal and restoration, the installation of a barrier free playset, lighting fortwo. diamonds and associated utility buildings, and tennis court construction.