Document 1

 

BY-LAW NO. 2012-

 

                        A by-law of the City of Ottawa to designate certain lands as a municipal capital facility.

 

                        WHEREAS Section 110 of the Municipal Act, 2001, S.O., c.25, as amended (the “Municipal Act, 2001”) permits a municipality to enter into Agreements for the provision of municipal capital facilities;

 

                        AND WHEREAS Section 110 of the Municipal Act, 2001 permits a Council of a municipality to designate lands within the classes of lands described in Ontario Regulation 603/06 as a municipal capital facility and may exempt the facilities from taxation for municipal and school purposes;

 

                        AND WHEREAS 16 Rowley Avenue is the location of municipal capital facilities, where the property owned by the City is used for cultural purposes, for the purposes of the City and are for public use;

                       

                        AND WHEREAS the City and Nepean Museum have entered into a Municipal Capital Facilities Agreement dated      , 2012 substantially in the form attached as Schedule “B” describing the facilities used for cultural purposes, for the purposes of the City and for public use, to be exempt from taxes for municipal and school purposes;  

           

                        AND WHEREAS City Council, on         , 2012 approved the above Agreement and the passing of a by-law to designate 16 Rowley Avenue as municipal capital facilities;

 

                        THEREFORE the Council of the City of Ottawa enacts as follows:

 

1.                     The Council hereby designates the facilities more particularly described on Schedule “A” (the “Lands”) and all improvements thereto located at 16 Rowley Avenue in the City of Ottawa and as municipal capital facilities for cultural purposes of the City and confirms the Agreement between the City and Nepean Museum, by which such designation is implemented, and which Agreement is attached as Schedule “B” to this by-law.

 

2.                     The municipal capital facilities located on the Lands which are owned by the City and used for the purposes of the City for cultural purposes are hereby exempted from taxation for municipal and school purposes for the period January 1, 2012 to December 31, 2031 or until such time as the City ceases to use the Lands as a municipal capital facility as that term is definite in Ontario Regulation 603/06, whichever occurs first.

 

ENACTED AND PASSED this    day of         , 2012.

 

                        CITY CLERK                                                          MAYOR

 

 

SCHEDULE “A”

 

 

Legal Description of Lands municipally known as 16 Crowley Avenue

 

PIN: 04676-0136

 

LTS 32, 33, 34, 51 & 52, PL 338104; Nepean

 

 

 

Document 2

 

 

MUNICIPAL CAPITAL FACILITY AGREEMENT

 

THIS AGREEMENT dated the     day of              , 2012.

 

BETWEEN:

 

                                   CITY OF OTTAWA

                                   (hereinafter referred to as the “City”)                                                                     

 

AND:

 

                                   NEPEAN MUSEUM

                                   (hereinafter referred to as “Museum”)

 

                                                                                 

            WHEREAS:

 

A.        The City owns the lands known municipally as 16 Rowley Avenue in the City of Ottawa, which lands are more particularly described in Annex “A” hereto (the “Lands”); 

 

B.        The City has entered into a Service Agreement with the Museum to provide for the use of the lands for cultural purposes;

 

C.        The Museum wishes, pursuant to Section 110 of the Municipal Act, 2001, to enter into an Agreement with the City for use of the Lands as municipal capital facilities; and

 

D.        The City wishes, pursuant to Section 110 of the Municipal Act, 2001, to exempt the Lands from taxation for municipal and school purposes;

 

E.        The Lands will be used for municipal cultural purposes, thus qualifying the Lands as cultural purpose class of municipal capital facilities described in Ontario Regulation 603/06;

 

            THEREFORE, in consideration of the making of this Agreement and the mutual covenants contained herein, the parties undertake, covenant and agree as follows:

 

DESIGNATION

 

1.         The City will by by-law (substantially in the form attached as Annex “B”) designate the Lands a municipal capital facilities.

 

TERM

 

2.         The term of this Agreement and the designation of the Lands as municipal capital facilities shall be from January 1, 2012 to the earliest of:

 

(a)       December 31, 2031; and

 

(b)        the day the Museum cease to use the Lands;

 

(c)        the day the City ceases to use the Lands as municipal capital facilities as that term is described in Ontario Regulation 603/06 or amendments thereto.

 

TAX EXEMPTION

 

3.         The City shall, pursuant to subsection 110(6) of the Municipal Act, 2001, exempt the Lands from property taxation for municipal and school purposes.

 

ZONING

 

4.         For the purposes of clarity, the City acknowledges and agrees that neither this Agreement nor the proposed by-law shall in any way affect the zoning of the Lands or the permitted uses of the Lands under applicable laws.

 

REGISTRATION

 

5.         The by-law referred to in section 1 of this Agreement shall be registered by the City on title of the Lands.

 

OBLIGATIONS AS COVENANTS

 

6.         Each obligation expressed in this Agreement, even though not expressed as a covenant, is considered to be a covenant for all purposes.

 

ENTIRE AGREEMENT

 

7.         This Agreement contains all the covenants, Agreements and understandings between the parties concerning its subject matter.

 

ENUREMENT

 

8.         This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

 

 

PARTIAL INVALIDITY

 

9.         If any provision of this Agreement or the application of it to any person or circumstances is held to any extent invalid or unenforceable, the remainder of this Agreement or the application of the provisions to persons or circumstances other than those as to which it is held invalid or unenforceable is not affected.

 

FURTHER ASSURANCES

 

10.       The parties shall do and execute all such further acts, deeds, instruments or things as may be necessary or desirable for the purpose of carrying out the intent of this Agreement.

 

 

IN WITNESS WHEREOF the parties hereto have duly executed this Agreement.

 

 

                                                                        CITY OF OTTAWA

 

 

                                                                        Per:                                                              

                                                                        Name:  Steve Kanellakos

                                                                        Title:    Deputy City Manager,

                                                                                    Community and Protective Services

 

 

                                                                        NEPEAN MUSEUM

 

                                                                        Per:                                                              

                                                                        Name: 

                                                                        Title:  

                                                                        I have authority to bind the Museum.

                                                                       

 

                                     NEPEAN MUSEUM

                                                                       

                                                                        Per:                                                          

                                                                        Name: 

                                                                        Title:

                                                                        I have authority to bind the Museum.