Loading...
3461 To enter into an amending agreement with Her Majesty The Queen In Right Of Canada.THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3461 A BY-LAW to entE,.r into an amending agreement with Her Majesty The Queen In Right Of Canada. WHEREAS The Town of Tillsonburg is desirous of entering into Amending Agreement #2 with Her Majesty The Queen In Right Of Canada represented by the Minister responsible for the Federal Economic Development Agency for Southern Ontario in order to receive Community Adjustment Funding to upgrade Tillsonburg Municipal Airport for the purposes of extending the completion date of the project. THEREFORE the council of the Town of Tillsonburg enacts as follows: 1. THAT the amending agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 8th DAY OF November, 2010. READ A THIRD AND FINAL TIME AND PASSED THIS 8th DAY OF November, 2010. Clerk - Donna Hemeryck COMMUNITY ADJUSTMENT FUND AMENDING AGREEMENT #2 Project #347 / CMIS#505142 This Amendino; Agreement made on October 6, 2010 Amending; Between- HER MAJESTY THE QUEEN IN RIGHT OF CANADA, ("Her Majesty") hereby represented by the Minister responsible for the Federal Economic Development Agency for Southern Ontario ("Minister") And: THE CORPORATION OF THE TOWN OF TILLSONBURG ("Recipient"), a corporation duly incorporated under the laws of Ontario (Collectively referred to as the "Parties") WHEREAS the Minister and the Recipient entered into a contribution agreement dated the 15"' of March 27010, Linder the Community Adjustment Fund as amended by an Amending Agreement 41 dated April 12, 2010 collectively, the ("Contribution Agreement") whereby the Minister agreed to make a contribution to the Recipient in the maximum amount of $2,133,.,000, arid, WHEREAS the Parties wish to amend the Contribution Agreement in order to extend the Completion Date for the Project, NOW THEREFORE in consideration of their respective obligations contained herein, the Parties agree to the following: 1. Interp etation All capitalized terms used and not otherwise defined herein will have the meanings given to them in the (2ontribution Agreement. 2. Execution This Amending Agreement must be executed by the Recipient and received by the Minister within thirty (30) days of its signature on behalf of the Minister, failing which it will be null and void. 3. Amendment 3.1 In section 21 of the Contribution Agreement, the Completion Date of "June 30, 2010" is deleted and replaced by "July 31, 2010 3.2 In section 3.2 of the Contribution Agreement, the date of "June 30, 2010" is deleted and replaced by "July 31, 2010". 3.3 In section 3.4 of the Contribution Agreement,, the portion of the sentence following "$'.2,1313',000" is hereby deleted. 3.4 In section 5.4(b) of the Contribution Agreement, the date of "September 30, 2010" is deleted and i-eplaced by "October 31, 2010 3.5 In section 12.1(a) of the Contribution Agreement, the date of "June 30, 2010" is deleted and ret)laced by -July 3 ) 1, 2010". 3.6 In section 16. 10 of the Contribution Agreement, the date of "June 30, 2010" is deleted and replaced by "July 31, 2010". 3.7 In the Contribution Agreement, Annex 1, the date of "June 30, 2010" is deleted and replaced by "J Lily 31, 2010". 3.8 In the Contribution Agreement, Annex la, the date of "June 30, 2010" is deleted and replaced by "July 31, 2010". 3.9 In the Contribution Agreement, at Annex 3 subsections 1.1(e) and (f) and section 1.2 the date of "June 30, 2010" is deleted and replaced by "July 31, 2010". 3. 10 In the Contribution Agreement, at Annex 5 the date of "June 30, 2010" is deleted and replaced by ",I Lily 31, 2010',. 4. General 4.1 The Contribution Agreement and this Amending Agreement will henceforth be read together and will have the effect as if all the provision of such agreements were contained in one instrument. 4.2 Except for the amendments expressly set forth in this Amending Agreement, the other terms and provisions of the Contribution Agreement remain unchanged. 4.3 This Amending Agreement is governed by the laws of the Province of Ontario. 4.4 This Amending Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered is an original but all of which taken together constitutes one and the same instrument. IN WITNESS WHEREOF the Parties hereto have executed this Amending Agreement through duly authorized representatives. HER MAJESTY THE QUEEN IN RIGHT OF CANADA, THE CORPOJZATION qf' THE TOWN OF TILLSONBURG Name & Title 4 Date f .. .r � ,d .moi j r '�„P»,• Date