3552 To enter into an amendment agreement - Minister of Agriculture, Food and Rural Affairs - Rural Connections Broadband ProgramTHE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3552
A BY-LAW to enter into an amendment to the agreement with Her Majesty The Queen
In Right Of Ontario.
WHEREAS the Ministry and the Recipient (the "Parties") entered into an Agreement
dated April 1, 2011 whereby the Ministry agreed to provide funding to the Recipient to
assist the Recipient in building modern, efficient and reliable telecommunications
systems;
AND WHEREAS the Parties wish to amend certain provisions of the Agreement as set
forth in this amending agreement ("Amendment");
WHEREAS The Town of Tillsonburg is desirous of entering into an amendment
agreement with Her Majesty The Queen In Right Of Ontario.
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
1. THAT the amendment agreement attached hereto forms part of this by-law;
2. THAT the Mayor and Clerk be hereby authorized to execute the attached
amendment agreement on behalf of the Corporation of the Town of Tillsonburg.
READ A FIRST AND SECOND TIME THIS 14th DAY OF November, 2011.
READ A THIRD AND FINAL TIME AND PASSED THIS 14th DAY OF November
2011.
Maydf-
Clerk - Donna Wilson
Rural Connections Broadband Program
F/LE 38075
AMENDMENT
RURAL CONNECTIONS BROADBAND PROGRAM
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO(as represented by the Minister of Agriculture, Food and Rural Affairs)
("Ministry")
AND
THE CORPORATION OF THE TOWN OF TILLSONBURG
(the "Recipient")
AND WHEREAS the Ministry established the Rural Connections Broadband Program (the"Program") to address barriers to economic growth, and ensure that Ontario's rural communities
remain viable, healthy and vibrant places in which to live, work and invest;
WHEREAS the Ministry and the Recipient (the "Parties") entered into an Agreement dated April 1,
2011 whereby the Ministry agreed to provide funding to the Recipient to assist the Recipient in
building modern, efficient and reliable telecommunications systems;
AND WHEREAS the Parties wish to amend certain provisions of the Agreement as set forth in this
amending agreement ("Amendment");
NOW THEREFORE, in accordance with the principles set out above and the mutual covenants
and agreements herein, the sufficiency of which is acknowledged, the Parties hereby agree as
follows:
1. Amendments to Section 1 of the Agreement. The following terms in section 1 of theAgreement are amended as follows:
A. Revocation of Definition of "End of Financial Assistance Date". The definitionfor "End of Financial Assistance Date" in section 1.1 (g) of the Agreement is revokedand replaced with:
(g) "End of Financial Assistance" means October 31, 2012;
B. Revocation of Definition of "Expiration Date". The definition for "Expiration
Date" in section 1.1(j) of the Agreement is revoked and replaced with:
(j) "Expiration Date" means March 31,2013;
C. Revocation of Definition of "Final Report Date". The definition for "Final Report
Date" in section 1.1(j) of the Agreement is revoked and replaced with:
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Rural Connections Broadband Program
FILE 38075
(j) "Final Report Date" means December 31, 2012;
2. Amendment to Section 4.1 of the Agreement Section 4.1 of the Agreement is revoked
and replaced with the following:
4.1 The Recipient shall be responsible for ensuring the undertaking, implementation andcompletion of the Project is substantially in accordance with the description of theProject attached as Schedule "A" and Schedule "B" by October 31, 2012.
3. Amendment to Section 6.4(a)(iv) of the Agreement Section 6.4(a)(iv) of the Agreement
is revoked and replaced with the following:
(iv) subject to Section 3.4, have been incurred on or after May 1, 2010, but no later than
October 31, 2012;
4. Amendments to Schedule "D" of the Agreement Schedule "D" of the Agreement is
amended as follows:
A. Paragraph c) Under Heading "Eligible expenditures are direct cash costs that
are:" in Schedule "D" of the Agreement Paragraph c) under the heading "Eligibleexpenditures are direct cash costs that are:" of Schedule "D" of the Agreement is
revoked and replaced with the following:
c) incurred on or after May 1, 2010 and incurred on or by October 31, 2012.
6. Paragraph on Maximum Eligible Costs of Plaque under Heading "Thefollowing cots are considered eligible for funding purposes:" In Schedule "D"
of the Agreement The Paragraph on the maximum eligible costs of a plaque underthe heading "The following costs are considered eligible for funding purposes:" of
Schedule "D" of the agreement is revoked and replaced with the following:
The maximum eligible cost of the plaque shall not exceed $100r not includinginstallation, and is eligible for one-third reimbursement to be incurred by October 31,
2012.
5. Defined Terms. Any capitalized term used in this Amendment but not defined herein shallhave the meaning given to it in the Agreement.
6. Amendment May Be Signed in Counterparts. This Amendment may be signed in
counterparts.
7. Amendment Comes Into Effect When Recipient Signs. This Amendment comes into
effect on the day that the Recipient signs the Amendment.
8. The Agreement. The Parties acknowledge and agree that the Agreement continues as a
valid and binding agreement, subject only to this Amendment, and that ail other terms and
conditions of the Agreement apply mutatis mutandis.
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Rural Connections Broadband Program
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IN WITNESS WHEREOF the Ministry and the Recipient have respectively executed this
Amendment as of the dates indicated below.
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minister of Agriculture, Food and Rural Affairs
Name: Martin Boh! Date
Title: Director, Rural Community Development BranchMinistry of Agriculture, Food and Rural Affairs
THE CORPORATION OF THE TOWN OF TILLSONBURG
by:
0
Nan6e: Johh Le&£if7 DateTitleN *^— ' ij
AffixCorporateSeal
Name: Donna Wilson DateTitle: Clerk
I/We have authority to bind the Recipient.
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