3220 Authorizing the Town of Tillsonburg to enter into a novation agreement represented by the Minister of Municipal Affairs and HousingTHE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3220
A BY-LAW authorizing the Corporation of the Town of Tillsonburg to enter into a
novation agreement with Her Majesty The Queen in Right of Ontario as Represented by
the Minister of Municipal Affairs and Housing
WHEREAS in 1976 provincial funding was provided through the Ontario Downtown
Revitalization Program (hereinafter called "the Program") to revitalize and upgrade
downtown core areas of municipalities in Ontario;
AND WHEREAS the Minister and the Municipality entered into an agreement as part of
the Program dated the 21 " day of June 1979 (hereinafter called "the Original
Agreement") pursuant to sections 22 and 24 of the Planning Act as it read on that date
(now sections 28 and 30 of the Planning Act, R.S.O. 1990, as amended);
AND WHEREAS the Minister is of the view that the parties have diligently pursued
their obligations under the Program;
AND WHEREAS the Minister now wishes to change the terms of the Program,
including providing for its winding up;
AND WHEREAS the Minister and the Municipality wish now to provide for finality in
terms of their respective obligations under the Original Agreement;
AND WHEREAS the Minister and the Municipality believe that novation of the Original
Agreement is the best means of achieving the finality they seek.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. The Municipality does hereby authorize an agreement, in the form
annexed hereto as Schedule "A" (the "Agreement"), with Her Majesty The
Queen in Right of Ontario as represented by the Minister of Municipal
Affairs and Housing.
2. The Mayor and Clerk be and are hereby authorized to execute the
Agreement and any other documents necessary to give effect to the
Agreement on behalf of the Corporation of the Town of Tillsonburg.
3. This By -Law is passed pursuant to sections 28 and 30 of the Planning Act,
R.S.O. 1990, as amended and shall come into effect upon enactment.
READ A FIRST, SECOND and THIRD AND FINAL TIME THIS 10TH DAY OF July,
2006.
MAYOR -Stephen Molnar
CLERK -Michael Gres
NOVATION AGREEMENT
This .�kgreement is made on the day of , 2006.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRESENTED BY THE MINISTER
OF MUNICIPAL AFFAIRS AND HOUSING
(hereinafter called "the Minister")
OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWN OF
TILLSONBURG
(hereinafter called "the Municipality")
OF THE SECOND PART
WHEREAS in 1976 provincial funding was provided through the Ontario
Downtown Revitalization Program (hereinafter called "the Program") to revitalize and
upgrade downtown core areas of municipalities in Ontario;
AND WHEREAS the Minister and the Municipality entered into an agreement as
part of the Program dated the 21 St day of June, 1979, (hereinafter called "the Original
Agreement") pursuant to sections 22 and 24 of the Planning Act as it read on that date
(now sections 28 and 30 of the Planning Act, R.S.O. 1990, as amended);
AND WHEREAS the Minister is of the view that the parties have diligently
pursued their obligations under the Program;
AND WHEREAS the Minister now wishes to change the terms of the Program,
including providing for its winding up;
AND WHEREAS the Minister and the Municipality wish now to provide for
finality in terms of their respective obligations under the Original Agreement;
AND WHEREAS the Minister and the Municipality believe that novation of the
Original Agreement is the best means of achieving the finality they seek.
NOW THEREFORE in consideration of the mutual covenants herein and the
longstanding commitment of the Municipality to the aims of the Ontario Downtown
Revitalization Program including the efforts of the Municipality under this Agreement as
it read before the date of this Novation Agreement, the parties agree that the Original
Agreement is amended as follows:
1. Sections 7.1, 7.2, 7.3 and 7.4 of the agreement between the Minister and the
Municipality dated the 21St day of June, 1979, as amended (hereinafter called "the ODRP
Agreement"), are hereby struck out and the following substituted:
"7.1 No amounts shall be payable by the Municipality to the Minister or the
Minister of Finance in respect of the loan from the Minister for the Project
on or after of the date of this Novation Agreement.
7.2 For greater certainty, nothing in section 7.1 affects any right, entitlement
or obligation of the Minister, the Municipality, or the Minister of Finance
with respect to any payment made by the Municipality under this
Agreement before the date of this Novation Agreement."
2. Sections 9.1, 9.2 and 9.3 of the ODRP Agreement are hereby struck out.
3. Clause (a) of section 13.1 of the ODRP Agreement is hereby struck out and the
following substituted:
"(a) to the Minister at the Ministry of Municipal Affairs and Housing, 777 Bay
Street, 3rd Floor, Toronto, Ontario, M5G 2E5, to the attention of the
Director, Municipal Programs & Education; and".
4. All terms and conditions of the ODRP Agreement not amended by this Novation
Agreement shall continue.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
HER MAJESTY THE QUEEN IN RIGHT OF
ONTARIO AS REPRENTED BY THE MINITER OF
MUNICIPAL AFFAIRS AND HOUSING
JOHN GERRETSEN
DATE
THE CORPORATION OF THE TOWN OF
TILLSONBUR
LE K
r .
DATV