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2006/04/24COUNCIL MEETING Monday, April 24, 2006 Order of Business and Agenda Package PRAYER: Alderman Selina Volpatti ADOPTION OF MINUTES: Council Minutes of April 3, 2006 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Vineyard Cycle Tour Dawn McInnis, Fund Development Manager and Karen Stearne, Executive Director from Heart Niagara will be making a presentation to Council regarding the 7th Annual Vineyard Cycle Tour on Sunday, May 28, 2006. Marijuana Grow Operations Fire Chief Patrick Burke and Jim Jessop, Fire Prevention Officer will make a presentation on the City's efforts to combat grow operations. -AND- COUNCIL MEETING April 24. 2006 DEPUTATIONS /PRESENTATIONS 1. Chief Administrative Officer F- 2006 -04 Marijuana Grow Operations PLANNING MATTERS Public Meeting Zoning Bylaw Amendment Application, AM- 07/2006 4733 Zimmerman Avenue 4228 Huron Street Applicants: Tony Anna D'Amico Proposed Vacation Rental Dwellings (Cottage Rental Dwellings) Background Material: Recommendation Report: PD- 2006 -37 -AND- Correspondence from Niagara Region, Planning and Development Correspondence from Niagara Region, Public Works Department MAYOR'S REPORTS. ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Ontario Association of Speech- Language Pathologists and Audiologists requesting that May be proclaimed as "Better Speech, Language and Hearing Month" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 2. Child Find Ontario requesting that the month of May be proclaimed as "Green Ribbon of Hope month and May 25 as "National Missing Children's Day" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council 3. Doctor Appreciation Week request that April 24 to April 28, 2006 be proclaimed as "Doctor Appreciation Week" in the City of Niagara Falls. RECOMMENDATION: For the Approval of Council LEGAL MATTERS 1. Chief Administrative Officer 2. Chief Administrative Officer 3. Chief Administrative Officer 4. Chief Administrative Officer 3 4. Guy Ungaro is requesting to address Council regarding Norm Puttick and the Niagara Transit Commission. RECOMMENDATION: For the Consideration of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS His Worship Mayor Salci will request whether there is anyone present that has an interest in the property being sold. RATIFICATION OF COMMUNITY SERVICES (Alderman Selina Volpatti, Chair) RATIFICATION OF "IN CAMERA" ACTIONS L- 2006 -21 Dorchester Road Land Exchange Vincor /Loblaws L- 2006 -09 Permanently Close Portion of Gladstone Avenue (Liberty Street) L- 2006 -17 Declare Surplus and Offer for Sale Land Adjacent to 8833 Willoughby Drive Parts 1,3 and 4 on Reference Plan 59R- 12941. File No. 2005 -151 L- 2006 -19 Declare Surplus and Offer for Sale Parts 2, 3 and 11 on Reference Plan 59R- 11438. File No. 2005 -229 4 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2006 -21 Major Receivables Quarterly Report PD- 2006 -36 Amendment to By -law No. 98 -151, as amended, Respecting the Conveyance of Land for Park Purposes, AM- 25/2004, Cuviello Construction Limited PD- 2006 -39 Draft Plan of Condominium, 6350 Dorchester Road (former Dorchester Manor Nursing Home), File: 26CD -11- 2006 -01. Owner: Mountainview Construction Inc. MW- 2006 -44 Tender for the Supply of Materials and Services for Pavement Markings, Contract #2005 -06 (On- Street Application), Contract #2005 -07 (Parking Lots &Other City Owned Lands) MW- 2006 -46 Dorchester Road Reconstruction and Underground Services Utility Relocations and Project Update MW- 2006 -51 Contract 2006 -03, 2006 Asphalt Overlay Phase 1 City Wide CD- 2006 -05 Niagara Falls Hydro Board of Directors 2005 Remuneration BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2006 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. 2006 -71 A by -law to establish Part 4 on Reference Plan 59R -13043 as a public highway, to be known as and to form part of Hodgson Avenue. 5 2006 -72 A by -law to authorize the execution of an Agreement with James Walker and Virginia Walker with respect to conditions imposed by the Committee of Adjustment by decision dated November 22, 2005 under File No. B40/2005/NF. 2006 -73 A by -law to amend By -law No. 98 -275, which amended By -law No. 98 -151, being a by -law respecting the conveyance of land for park purposes. 2006 -74 A by -law to authorize the execution of a Subdivision Agreement with Walker Community Development Corporation respecting Block 49- Neighbourhoods of St. David's Subdivision. (Handout) 2006 -75 A by -law to authorize an agreement with Loblaw Properties Limited (Loblaw) and B.W. Nomineeco Inc. (Vincor) for an exchange of lands. 2006 -76 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 24 day of April, 2006. NEW BUSINESS Allied Health Centre 5673 North Street, First Floor Niagara Falls, ON L2G IJ4 March 28, 2006 Mr. Dean Iorfida Office of the Clerk City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Mr. Iorfida; Dawn McInnis Fund Development Manager /encl. cc. Karen Stearne, Executive Director Heartrikkk NIAGARA w ww heartniagara.com Phone 905- 358 -5552 Fax 905- 358 -6033 Email: info @heartniagara.com Heart Niagara is requesting to make a deputation before Niagara Falls City Council regarding our 7 Annual Vineyard Cycle Tour on Sunday, May 28, 2006. Depending on Council's Agenda, we are available either Monday, April 24 or Monday, May 1, 2006. As you know, this event is one of the premier fundraising activities of the spring. The entry fee of $400 per team (maximum of 10, $40 per each additional rider) and $45 for individuals includes a cycle tour of 25 km, 50 km or 75 km through scenic Niagara -on- the -Lake, a picnic lunch and wine tasting (age of majority required), as well as a commemorative T -shirt and ballot prizes. A disposable camera is given to each team entry to record the day's memories. All net proceeds from this event go to the Niagara Schools' Healthy Heart Program Thank you for your assistance in this matter. I have enclosed a copy of our brochure for your information. Please feel free to contact me if you require further information. Providing cardiac services in the Niagara Region for over 27 years, Charitable Registration Number 107473316RR0001 905- 358 -5552 www.heartniagara.com Heats NIAGARA ARA m T 0 P O pc o m m m 3 G T X m CM i1 N CD 0 0 _2 ti o m N 0 C N co D W p 6 m T a 10 o m w 3 o m m o 0 o S o O 74 m m Z`L m d so o m n m c Y 4 m 0 m a= v -c G m m m m 2 m m C O o I. 2 m O O Q c o W m a g m m S m a m q P 7 n A y$ a 0.P T. n 11.11 'ail p a n n 5,a• P M y 0. a n G n O C E n c n C, W x z `G S rn 1. n i n� 0 :1P 4 5- t i a Lin E r P 4 9- P R 1 o n• Lin G a' o n� n n P '2 z n 'O o s r P,' P o G i b o L 0 y o P- (.PG'ij P G O a- r o 1 (s(s o n n n R. p' S o o a S a n ry ❑j r_ r 5- 7 O Q 1 rti P I m y P O t I a 5* ,p a„ 0.7 p+ g`08 217 I Fe 0. g. e p o Pr w o n 5 gill n c S 2 o-z EH. r� v F i t ttI 1 tlry 0 n L t c p y. G y P Crl ag L a a y g Y mm u 1 h t m p p ki mmgl z m ea c a rn °y '2" tz L N s Y y m ti n S m co I m v m ii 1 a M g. I. I. ai m a ea M co y m O a Sm mn m m m n y 3 V d o: o c W J CL 71 CD I W m W m 'm o 0 m m O N R -O 0 CO N 0. b O rt O an O W 0 N N• 0 0 as y C 0 o m T3' c W 0 3 m o m So N 2. 0 m m E m F 0 3 O 0 z W e. e .5 c e 0 o v 0 0 .0 0 p W'a 0 .n y p D 1 7 O a H 3 a a al s R 3 -0 V o", n x 1 co' N a n m z°- s r A m m m z Z m ti z n o Z m D o C] P. N a 0 crt r CD et cite Iw m v -I -I O --4 y nl K m C p C m 3 m m <-4 C I 3 m z S K y N W U. m O 3 0 .J. W I d N O o i+° a m y n m n m 3 3 c y m e c I cat, N I n a 'm Gf p K 2 3 zl m KT 1 O a Z 4 F 0 m 0 0 N m rn m 0 z O O The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Community Services Department FS- 2006 -04 Fire Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E -mail: pburke @city.niagarafalls.on.ca Re: FS- 2006 -04 Marijuana Grow Operations For the information of Council April 24, 2006 Patrick Burke Fire Chief BACKGROUND: In 2002 Fire Services responded to a house fire on Beaverdams Road. In the course of firefighting operations, one of the firefighters became disoriented in the basement of the house but was eventually able to find the way out. In the preliminary investigation it was determined that the house was being used as a marijuana grow operation and that the basement had been altered by the erection of flimsy false walls and wires for lights and appliances were running throughout the basement creating an entanglement danger for firefighters. Over the next several months members of the Fire Prevention Division initiated discussions with the NRP Morality and Street Crime units about marijuana grow operations within the city of Niagara Falls NRP agreed to notify Fire Services of locations that could present hazards to firefighters engaged in firefighting operations. Early in 2004 Fire Services, through the Fire Prevention Division, began laying Fire Code charges against the owners, as well as the "gardener" occupants, of buildings used as marijuana grow operations. The Fire Prevention Division began assisting the NRP with dismantling and mitigating hazards connected to every marijuana grow operation in Niagara Falls. Later that same year Fire Services sent two members, one Fire Prevention Officer and the Training Division Captain who is a Hazardous Materials specialist, to Calgary to participate in a seminar on marijuana grow operations. At the time, the city of Calgary Fire Department had one of the most comprehensive programs in the country related to marijuana grow operations. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services April 24, 2006 -2- FS- 2006 -04 Upon returning from Calgary, the two members developed operational protocols for fire personnel when entering occupancies being used as marijuana grow operations. Because of the pervasive presence of mold and mold spores in these occupancies respiratory protection became mandatory for all fire personnel, whether there was a fire or not. The science of the day indicated that there could be respiratory health hazards connected to the presence and proliferation of mold in these occupancies. As a result, Fire Services notified the real estate community in Niagara Falls that representatives for purchasers should be asking questions about the use of a building as a marijuana grow operation. Some owners had been merely "slapping on a coat of paint" and superficially covering the aftermath of grow operations and pawning the property off on unsuspecting buyers. Once again drawing on the experience in Calgary, the Fire Prevention Division consulted with the Director of Building and By -Law Services (the Chief Building Official under the OBC) about the possibility and the practicality of posting buildings used in marijuana grow operations as hazardous occupancies and prohibiting occupancy. The Director of Building and By -Law Services concurred with this approach and, under his auspices as the Chief Building Official, every marijuana grow operation in Niagara Falls that is taken down by NRP with the assistance of Fire Services is posted as hazardous and occupancy is prohibited. Both orders are registered on the title of the property. At this point in time, Niagara Falls is the only fire service in Ontario that has adopted this approach. To assist municipalities in prosecuting the safety related offences found regularly in marijuana grow operations, the Ontario government introduced and enacted Bill 128 which amended the penalties and enforcement powers in marijuana grow operations, among other unlawful activities. Fines for Fire Code violations in this regard were doubled when the legislation became effective on December 15, 2005. In total, Fire Services has laid charges in 33 marijuana grow operations in the city. From January 1 this year Fire Services has been involved with NRP in 17 buildings where warrants have been executed in connection with marijuana grow operations in the city of Niagara Falls and Fire Code charges have been laid.. There are currently 57 individuals being prosecuted for Fire Code violations involving marijuana grow operations in the city. In March of this year the first conviction in Canada for Fire Code violations related to marijuana grow operations was registered out of a Niagara Falls Fire Services prosecution. The owner of the building was fined $15,000. For the first time in Ontario, in a Niagara Falls Fire Services initiated prosecution, a court accepted a Fire Prevention Officer, FPO Jim Jessop, as an expert witness for fire service issues related to marijuana grow operations. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services April 24, 2006 Niagara Falls Fire Services were recently highlighted by CTV in Toronto for the approach taken to protect citizens in Niagara Falls from the hazards related to buildings used in marijuana grow operations, in particular, the re -sale of a residential home without remediation. This approach is quickly becoming a model that other communities are interested in emulating. Calls are received every day from municipalities across the province and the country inquiring about our process for marijuana grow operations. The Niagara Falls Fire Services process for marijuana grow operations can be summarized as: assist NRP with dismantling and mitigating hazards in execution of warrant conduct inspection of property for Fire Code violations under the authority of CBO, issue and post Unsafe Building Order under the authority of CBO, issue and post Order Prohibiting Occupancy register both orders on title for the property prepare for and proceed with prosecution It has taken a lot of time, effort and dedication to get to the point that Fire Services is at today. All of those involved are to be commended for effort. The Region's prosecutor for provincial offences and the members of the NRP have been invaluable in educating members of Niagara Falls Fire Services in these matters. The experience with marijuana grow operations and their prosecution Niagara Falls is certainly an example of what can be accomplished through inter agency teamwork and cooperation. The Ontario Fire Marshal has recently commented on his support for the actions being taken by Niagara Falls Fire Services and has plans for an article in The Ontario Fire Service Messenger, the official publication of the Office of the Fire Marshal with distribution throughout Ontario. To meet the demand of requests for information Niagara Falls Fire Services is in the process of preparing to host a fire service seminar related to Fire Code prosecutions and marijuana grow operations. Respectfully submitted for the information of Council. Report on activities for Fire Services for 2005 in each of the Divisions. ended by: Respectfully submitted: Patrick Burke Fire Chief -3- FS- 2006 -04 John MacDonald Chief Administrative Officer Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning @niagarafalls.ca April 24, 2006 Re: PD 2006 37, Cottage Rental Dwelling Study and Zoning By -law Amendment Application AM- 07/2006, 4733 Zimmerman Avenue 4228 Huron Street Applicants: Tony Anna D'Amico Proposed Cottage Rental Dwellings PD- 2006 -37 Doug Darbyson Director RECOMMENDATION: It is recommended that Council: 1) receive this report for information purposes; and 2) approve the Zoning By -law amendment application to permit the two dwellings on the subject lands to be used as cottage rental dwellings. BACKGROUND: Cottage Rental Dwelling Study On August 29, 2005, Council directed staff to undertake a study on cottage rental dwellings and the possible need for locational criteria or licensing provisions. Cottage rental dwellings are a relatively new form of tourist accommodation in the City. Although they can be similar in scale and form to a bed and breakfast accommodation, cottage rental dwellings differ in function as the entire dwelling is rented out to the traveling public. The City has been considering cottage rental dwellings on a site -by -site basis through Zoning By -law amendment applications and to date has permitted five such dwellings in the City. Council directed that a study be conducted on possible licensing and locational criteria for cottage rental dwellings for the following reasons: Visitors to the cottage rental dwelling could be noisy and disruptive to the area without a supervising owner. The impacts of a large concentration of cottage rental dwellings in a particular neighbourhood are unknown. In general, the approved cottage rental dwellings do not appear to have been disruptive to the neighbourhood and currently there are no active complaints with respect to cottage rental dwelling uses. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 24, 2006 2 PD- 2006 -37 Cottage rental dwellings are required to be licensed by the City under the definition of a motel. An applicant is required to operate a cottage rental dwelling in compliance with the City's Licensing By -law other relevant by -laws (i.e., the Noise By -law) and is subject to legal action if these by -laws are contravened. The City's Official Plan Policies The predominate use of lands designated Residential is for residential dwellings. Cottage rental dwellings have been permitted where they would be compatible with the surrounding residential development. Bed and breakfasts are also allowed in Residentially designated areas as ancillary uses. The City permits them as of right in the River Road Satellite Tourist District, bounded by River Road on the east, the former Michigan Central Rail Line on the west, Newman Hill on the south and Morrison Street to the north (immediately south of the subject lands). In other Residential areas they are permitted by Zoning By -law amendment where they are considered compatible with the residential neighbourhood. Other Municipalities Cottage rental dwellings are a relatively new phenomenon and it appears only a few municipalities regulate them. Often they are grouped with bed and breakfast establishments and are addressed by the same policies and zoning provisions due to their similarities. The following is how some municipalities regulate these uses: The Town of Niagara -on- the -Lake permits bed and breakfasts and cottage rental dwellings with up to 3 bedrooms and 10 persons capacity as of right within single- detached dwellings regulated under the Licensing By -law. Violations of the licence or any Town regulation (i.e., excessive noise or disruptive behaviour) are subject to a hearing before Council and possible revocation of a licence. The City of Sarnia requires bed and breakfasts to be separated 100 metres (328 ft.) from another located on the same street, under the Official Plan and the Zoning By -law. A maximum of 3 guest rooms, consisting of a maximum of 25% of a floor area of a dwelling unit can be provided. The residential character of the dwelling is to be maintained. The City has no regulations for cottage rental dwellings. The Town of the Blue Mountains considers cottage rental dwellings and bed and breakfasts as commercial uses rather than conventional rental dwellings. However, they are permitted in residential areas as ancillary uses, through site specific zoning, provided any conflicts with surrounding land uses are mitigated. Mitigation measures, such as noise control, buffering, setbacks, servicing and on -site parking are to be implemented as appropriate. The City of Stratford permits cottage rental dwellings and bed and breakfasts as of right in single detached dwellings by zoning and regulates them through the Licensing By -law. Council or a Committee can revoke a licence for breach of any City regulation or outstanding taxes and where Council or a Committee believes it is in the public interest to do so. Summary of Findings The following are the conclusions of the cottage rental dwelling study: Policing cottage rental dwellings is best done under the Licensing By -law and the Noise By -law. These by -laws provide measures to protect surrounding uses from noise or disruptive behaviour and allow the City to charge the licencee if the provisions of these by -laws are contravened. April 24, 2006 Most cottage rental dwellings have located close to River Road, close to other accommodations such as bed and breakfasts and hotels. This area is close to major tourist attractions and affords visitors easy access to the Niagara Parkway. Other than the River Road area existing bed and breakfasts and cottage rental dwellings are sparsely spread out in residential areas of the City close to tourist districts without any significant concentrations. These uses retain the appearance of a single family residence and do not alter the character of the neighbourhood. Cottage rental dwellings should be restricted to single- detached dwellings. If located in a multiple unit dwelling there is less control over the extent of the use. All cottages approved in the City so far have located in single- detached dwellings and this is the typical practice in other municipalities. The current practice of considering requests for cottage rental dwellings on a site -by -site basis addresses the above noted land use matters and appears to be adequate in protecting the character and integrity of residential neighbourhoods. No changes to this practice are recommended at this time. Cottage rental dwellings (and bed and breakfasts outside the River Road area) have only been permitted on a site -by -site basis by Zoning By -law amendment. As such, Council has had the opportunity to consider the merits of each request. In evaluating compatibility with the neighbourhood and conformity to the Official Plan, such matters as the appropriateness of the location of the cottage rental dwelling, if the residential character of the property will be maintained, the provision of adequate buffering and amenity space and the appropriate siting of parking are assessed. The current Licensing and Noise By -law provisions appear to be sufficient for policing cottage rental dwellings. Should such a use result in noise and disruptive behaviour the City can, upon investigation and collection of sufficient evidence, press charges or revoke the licence of the operation. No changes to the Licensing By -law are recommended at this time. Proposed Zoning By -law Amendment 3 PD- 2006 -37 Tony and Anna D'Amico have requested an amendment to Zoning By -law No. 79 -200 for two properties known as 4733 Zimmerman Avenue and 4228 Huron Street, totaling 812 square metres (8,750 sq. ft.), as shown on Schedule 1. The applicants propose to use the two dwellings on the land as cottage rental dwellings (rented to tourists for accommodation on a daily or weekly basis). Refer to Schedule 2 for the details of the development. The lands are currently zoned Deferred Commercial (DC). The lands are requested to be rezoned to a site specific Residential Single Family and Two Family (R2) zone to permit the two dwellings on the lands to be used as cottage rental dwellings. Surrounding Land Uses The lands are surrounded by mainly low density dwellings. A bed and breakfast establishment, one of several in the area, lies to the south. The Niagara Parkway is a block to the east. Lands further west and north are part of the City's Central Business District. Circulation Comments Regional Municipality of Niagara The proposed change should not affect any Regional or Provincial planning interests. Regional Planning staff is not opposed to the proposed rezoning. April 24, 2006 4 PD- 2006 -37 Municipal Works No objections. Fire Services No objections. Fire safety concems can be addressed during the licence inspection. Parks, Recreation Culture No comments. City Clerk Planning Review The applicant has a current licence for a nearby property to operate a bed and breakfast. The cottage rental dwellings will need to be licensed as a motel pursuant to the definition under the City's Licensing By -law No. 2001- 031. The use of these dwellings for cottage rental dwellings is in keeping with the City's planning program and complies with the Official Plan with respect to ancillary uses in residential areas. The following is a summary of Planning staff's analysis of the application. 1. The proposal complies with the intent and the purpose of the Official Plan. The lands are designated Residential in the Official Plan. Residential dwellings are intended to be the predominant use. As discussed above, cottage rental dwellings are permitted as an ancillary use provided they are compatible with the surrounding neighbourhood. The proposed cottage rental dwellings conform to the Official Plan as follows: The owner will maintain the dwellings as single- detached residences. The only difference is that the occupancy will be of a short duration. No changes to the dwellings or site works are proposed. The new use will maintain the residential character of the property and keep it compatible with nearby residences. A cottagerental dwelling is an alternative form of accommodation similar in scale to a bed and breakfast as contemplated in the Official Plan and existing in the area without any noted impacts. To ensure the cottages are used in a manner compatible with surrounding development, a maximum occupancy of 10 persons per cottage (similar to regulations in Niagara -on- the -Lake) should be established. The subject lands are adjacent to the Central Business District, are easily accessible from the Niagara Parkway and are close to major tourist attractions. Despite the fact there is already a concentration of tourist accommodations in the area this is an appropriate area for a modest concentration of such uses, due to its location, and the residential character of the area has not been altered. 2. The requested zoning amendment is appropriate. A site specific R2 zoning, similar to the zoning granted by Council to Robert Craig for 5225 Ontario Avenue last year, is being sought to permit the cottage rental dwellings. The amending by -law will restrict the use of each dwelling to a single cottage rental dwelling with a maximum of 10 persons occupancy and will control the time period of the rental. April 24, 2006 3. The proposed use will be compatible with adjacent development. CONCLUSION: 1. A study conducted by staff on cottage rental dwellings indicates that existing Official Plan policies and Licensing and Noise By -law provisions appear to be sufficient in regulating these uses. No changes to these policies and provisions are recommended at this time. 2. The requested amendment to permit two cottage rental dwellings within two existing dwellings can be supported for the following reasons: Prepared by: Andrew Bryce Planner 2 Cottage rental dwellings are an appropriate form of land use for this area as they will function as independent dwelling units, the physical appearance of the buildings and properties will be unaltered and the buildings could revert back to a residential use at any time. As the owners reside next door, they will be able to supervise the use of the dwellings and better ensure the properties are properly maintained. The immediate area is a mix of single- detached, semi- detached and duplex dwellings, bed and breakfast establishments and institutional uses. The cottage rental dwellings are intended to be physically maintained as single- detached dwellings. The existing dwellings are compatible with other nearby dwellings and no alterations are proposed. Each property provides a sufficient amount of amenity space for guests and to buffer adjacent properties. To ensure the single detached dwelling character of the properties is maintained, the second westerly driveway on 4228 Huron Street should be removed. The use complies with the Official Plan as it is an appropriate ancillary use for a residential area. The sites are appropriately located close to tourist attractions and are easily accessible from the Niagara Parkway. The residential character of the properties and of the surrounding neighbourhood will not be altered. Recommended by: Doug Darbyson Director of Planning Development AB:gd Attach. S:\PDR\2006\PD2006 -37, AM -07 -06, D'Amico, 4733 Zimmerman 4228 Huron.wpd 5 PD- 2006 -37 proved by: Ravenda Executive Director of Corporate Services Respectfully submitted: ohn MacDonald Chief Administrative Officer Subject Land n m QUEEN ST Location: 4733 Zimmerman Avenue 4228 Huron Street Applicant: Tony and Anna D'Amico k1GIS_Rgryests\2006\Sche&Oes ZoningAM\AM -07\,nappingmap SCHEDULE 1 LOCATION MAP HURON ST az va MORRISON ST m 1 Amending Zoning By -law No. 79 -200 I:NTS AM- 07/2006 March 2006 SITE SUMMARY (4228 Huron 5t.) 1 %Gt6t %SELL I U+ 00E9) W[ Lit 9WW 92.79 sin (1031 0) ({tpzot) WC 0609[ (.t.9i)W MY KI9 ugy6p traJV WWI go,.Wo comime vary 6us6capuri atRaasupone e{rsuW,3say egPFntl 0 0 0 k01 1F ff., G3 cc? 1 3210" To I 16' L any ...otuaatuuqz 30 )11 1 1 340 .1 0 50' 4'6" 1 6 0 w w 11 1 1 1 t0 W Z Z 2 0- 00 2 0 C 2 —I CO L.L1 J> Q,flJ 0 SCHEDULE 2 2uu6 3A.M i;ES;3NAL PLANNING No. 521/ P. 1 Niagara If Region PLANNING AND DEVELOPMENT March 17, 2006 File: D.10.M.1123 Mr. Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Re: Zoning By-law Amendment Application Rental Cottage Dwellings Huron Street and Zimmerman Avenue City of Niagara Falls Your File No. AM 4712006 Yours truly, David J. Farley Director of Planning Services c: Councillor W. Smeaton, Regional Municipality of Niagara Mr. W. Stevens, Regional Public Works hwZBLA- ZGnmaman Rental Cettages-NF Building Community-Bullding Lives. The Regional Municipality of Niagara 3550 Schmon Parkway. P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905 984 -3630 Fax: 905-641-5208 E -mail: plan ©regional.niagara.on.ca This application proposes a zoning amendment to permit two existing dwellings on two abutting Tots to be used as cottage rental dwellings (to be rented to tourists for accommodation on a daily or weekly basis). These lands are located within the Regional Urban Areas Boundaries and are designated "Residential" by the Niagara Falls Official Plan. The Official Plan policies and the current residential zoning would permit bed and breakfast accommodation where the operator resides in the dwelling. However, a zoning amendment Is required for a rental cottage where the owner /operator does not live on site. The proposed change in use should not affect any Regional or Provincial planning interests although there may be some local issues. On this basis, Regional Planning staff am not opposed to the proposed rezoning. RECEIVED MAR 17 2006 PLANNING DEVELOPMENT :.sNNiNG.. DATE: March 29, 2006 Willis Stevens, C.E.T. Development Approvals Manager Public Works Department Operational Support Services Division Niagara Region Feudriets de transmission parWlicopieer Dale MEMOR Post•Ir Fax Note „B 4 TO: Tom Whitelaw Planner Planning and Development Department [W V1 1 F rim toe Ca/ Cie Phca i *pd. fit Fav /M ee K4avpar M de YL Jr Pyre -i.,rq �j MAR 3 1 2006 Reglonat Municipality C o ATRIA S tilt* FROM: William J. Stevens, C.E.T. Development Approvals Manager SUBJECT: Zoning By -law Amendment Application Owner /Applicant: Tony and Anna D'Amico Proposal: Use the dwelling on each property as a cottage rental dwelling for tourists Location: 4733 Zimmerman Avenue City File: Am- 07/2006 Our File: D.18.04.66.643280227 (4933) Regional Niagara Public Works Department has reviewed the above referenced Zoning By -law Amendment Application and advise that we have no objection to this proposal. WJS/cm L:\Engineering- Planning- and Development \Vetrone•Calmen\Niagara Falls \CORRESPONDENCE 2 Goo 1008.T. W h itel aw.doc No. 5416 F. 1 J I p.yy /Ad.pgee Sincerely, Beth Ann Kenny, Executive Director enclosure: Sample Proclamation No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.385 Virus Database: 268.3.2/293 Release Date: 26/03/2006 Page 1 of 1 Dear Sir or Madam, Your help is needed to communicate the importance of speech and hearing to the residents of Niagara Falls. May is "Better Speech, Language and Hearing Month and we would encourage you to consider a proclamation to help us share important messages about healthy communication. Today, an estimated 1 in 10 Canadians have some type of communication disorder, many of which can be treated or better handled with appropriate support. In addition to social and psychological effects of communication disorders on families and communities, economic costs continue to rise due to lost work productivity, special education, and medical treatment. Awareness is the key to beginning achieving better speech, language and hearing. Members of OSLA, the Ontario Association of Speech- Language Pathologists and Audiologists the professionals who specialize in the identification and treatment of communication disorders make a special effort during the month of May to inform and educate people about speech, language and hearing disorders. With proper and timely treatment, most people with communication disorders can lead full and productive lives. Unfortunately, many people with communication disorders are unaware that the treatment to remedy or minimize the impact of their condition is available. Our goal as professionals is to educate the public that help is available. I hope we can count on your support. On behalf of OSLA members and the many who live with communication disorders, I encourage you to help raise awareness about these critical issues and help those in need by issuing a proclamation in May, "Better Speech, Language and Hearing Month For your convenience, I enclose suggested text for this year's message. We thank you in advance for your help and continued concern for the cause of better speech, language and hearing. file: /C:\ Documents% 20and% 20Settings\ Administrator\Local %20Setti.ngs \Temp \GW 00001.H... 4/13/2006 Proclamation "Better Speech, Language and Hearing Month" May 2006 Whereas: And Whereas: And Whereas: And Whereas: And Whereas: Therefore: Over one million Ontarians of all ages suffer from communication disorders relating to Speech, Language and /or Hearing There is a growing need for awareness of the profound developmental, economic and social consequences that communication disorders have on people and their families Persons with communication problems require access to the professional services of audiologists and speech language pathologists who provide treatments to improve and enhance quality of life Effective treatment of communication disorders benefits all of society by allowing otherwise disadvantaged persons to achieve their academic and vocational potentials Investments in treatments for communication disorders pays economic dividends in reduced reliance on other social services In conjunction with the Ontario Association of Speech- Language Pathologists and Audiologists, the City of Niagara Falls proclaims May 2006 as "Better Speech, Language and Hearing Month" Office of the Mayor Inter Department Memorandum TO: Dean Iorfida FROM: Kristine Speck Ext. 4205 RE: Council Information Hello Dean: DATE: March 8, 2006 Would you please have the attached letter from Child Find Ontario regarding the 15` Annual green ribbon of Hope Campaign directed to council. Thanks, s Kristine March 2, 2006 His Worship, Mayor Ted Salci Mayor of the City of Niagara Falls P.O. Box 1023, 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Ted Salci: O N T A R I O I am writing to seek your assistance and support for our 15 Annual Green Ribbon of HopeTM Campaign, including National Missing Children's Day on May 25 The concept of the Green Ribbon of Hope Campaign was developed by the students of Holy Cross Secondary School in St. Catharines and is a result of the abduction and subsequent murder of 15 year old Kristen French on April 16, 1992. The Green Ribbon is now a symbol of recognition for the many children who go missing every year. The colour green embodies a sign of hope for those children who have gone missing. Each year, more than 60,000 children are reported as missing in Canada, with Ontario alone registering over 20,000 These children and teenagers are classified as runaways, wandered off, or the victims of parental or stranger abduction. Thankfully, over 90% of missing children are recovered. We can play a vital role in publicizing this issue to our citizens, as well as promoting child safety, by supporting the 15 Annual Green Ribbon of Hope Campaign. Child Find Ontario Inc. is a registered non profit, charitable children's organization whose mandate is to educate children and adults about child safety as well as to assist in the search for missing children and teenagers. Since 1984, we have been working for the safe return of missing children and educating families and communities about child safety. We would be honored if you would play a key role in our efforts to safeguard our children by lending us the support of your office and elected colleagues for our Annual Green Ribbon of Hope Campaign. Attached are samples of proclamations that we encourage you to provide in support of our efforts. The proclamations are to support both our Green Ribbon of Hope Campaign in the month of May and for National Missing Children's Day on the 25 of May. We would also be glad to provide you Green Ribbons to wear and fliers to post. Just complete the attached order form and fax it back to (905) 712 -3462. Provincial Head Office 440A Britannia Rd. E. Mississauga, Ontario Canada 1AZ 1X9 Tel: 905- 712 -3463 Fax: 905- 712 -3462 Toll Free: 1- 800 447-6047 National Toll Free: 1- 800 -387 -7962 E -mail: mail@childfindontario.ca www.ontario.childfind.ca On behalf of the families whose children are missing, Child Find Ontario would appreciate the support of your office during the month of May to help bring the message of missing children to the forefront. For further information on Child Find Ontario or the Green Ribbon of Hope Campaign, please visit our website at www.ontario.childfind.ca or contact us at 1- 866 -KID -TIPS (543- 8477). Our Provincial Office mailing address is 440A Britannia Road East, Mississauga, Ontario, L4Z IX9 Durant sociate Executive Director Efairnhca, 0 N T A T A R Provincial Head Office 440A Britannia ltd. E. Mississauga, Ontario Canada L4Z IX9 Tel: 905 -712 -3463 Fax: 905- 712 -3462 Toll Free: 1 -800- 447 -6047 National Toll Free: 1-800-387-7962 E -mail: mail@childfindontario.ca www.ontario.childfind.ca ON TA R 10 Proclamation National Missing Children's Day May 25 2006 WHEREAS over 67,000 children were reported missing last year in Canada and thousands more are the victims of exploitation; and WHEREAS children and families in Ontario are victims of this tragedy; and WHEREAS increased awareness of the problem is needed to help reduce the incidence of missing children and teenagers, as well as to help locate missing children; and WHEREAS this a community issue, not just a family one; and WHEREAS remember that "Some things can't be replaced"; and WHEREAS this month is set aside to rekindle new hope in the search for all missing children; and WHEREAS this month also supports National Missing Children's Day on May 25 NOW THEREFORE BE IT KNOWN THAT I, DO HEREBY PROCLAIM that May 25 2006 is National Missing Children's Day MISSING CHILDREN'S MONTH IN [MUNICIPALITY] and join Child Find Ontario and all law enforcement agencies in urging citizens in Ontario to remain vigilant in our common desire to protect and nurture the youth of Ontario. eildf O N T A R I O Proclamation Green Ribbon of Hope Month WHEREAS over 67,000 children were reported missing last year in Canada and thousands more are the victims of exploitation; and WHEREAS children and families in Ontario are victims of this tragedy; and WHEREAS increased awareness of the problem is needed to help reduce the incidence of missing children and teenagers, as well as to help locate missing children; and WHEREAS this a community issue, not just a family one; and WHEREAS a Missing Child is Everyone's Responsibility; and WHEREAS this month is set aside to rekindle new hope in the search for all missing children; and WHEREAS this month also supports National Missing Children's Day on May 25 NOW THEREFORE BE IT KNOWN THAT I, do hereby proclaim the month of May 2006 as MISSING CHILDREN'S MONTH IN [MUNICIPALITY[ and join Child Find Ontario and all law enforcement agencies in urging citizens in Ontario to remain vigilant in our common desire to protect and nurture the youth of Ontario. Package Request Quantity Ordered Quantity Shipped Pre -cut pinned Green Ribbons No Charge Green Ribbon Stickers No Charge Collection Boxes, complete with tray to hold Stickers or Ribbons —No Charge Green Ribbon Posters —No Charge Green Ribbon "Spirit of Hope" Wrist Band $2.00 each NAME/ TITLE: CITY/TOWN ADDRESS: 15 Annual Green Ribbon of HopeTM Campaign Month of May 2006 Chairawi ON TA R 10 Order Form YES, We would like to raise funds to help reduce the incidence of missing children PLEASE PRINT CLEARLY POSTAL CODE: PHONE FAX EMAIL ADDRESS: To receive your order before May, please reply by fax before April f Please fax this sheet to 9115-712-3462 or email me at lohn@` cblldfindontarlo sa. If you have any questions ant feel free Is watt twat 905 712 -111(0 (3463) or 1- 300 543 -9411 Child fled Ontada, 440A eritamda Rd. E, Mississauga, 0n,1411119 Teresa Fabbro Fwd: Proclamation From: Dean Iorfida To: Teresa Fabbro Date: 4/16/2006 3:05 PM Subject: Fwd: Proclamation Hi Dean, I am so sorry!!! I forgot to provide this to you earlier. Is it still possible to include this proclamation for Doctor Appreciation Week on the agenda for the April 24th meeting? Doctor Appreciation Week is from April 24th to the 28th. I apologize for any inconvenience! Dale Page 1 of 1 file: /C:\ Documents% 20and% 20Settings \Administrator\Local %20Settings \Temp \G W 00001.H... 4/19/2006 Proclamation Whereas the City Niagara Falls is fortunate to have a distinguished group of highly skilled and caring physicians providing health care in this community and Whereas we appreciate their dedication to the community, and their commitment to healing the sick while offering compassionate care for their patients and Whereas Doctor Appreciation Week provides an opportunity to reflect upon just how much these talented men and women do for us... and how much they mean to our community. Now therefore, I, Ted Salci, Mayor of the City of Niagara Falls, on behalf of Niagara Falls City Council do hereby proclaim that April 24 to April 28, 2006 be observed as "Doctor Appreciation Week" in Niagara Falls. I further encourage all citizens to take the time to express their appreciation to their personal physicians during this week. Clerk's Department Inter Departmental Memorandum To: Mayor Ted Salci Date: April 13, 2006 Members of Council From: Dean Iorfida City Clerk Ext. 4271 The City of Niagara Falb Canad� Subject: Request for Deputation re: Norman Puttick and the Niagara Transit Commission Attached please find a letter from Mr. Guy Ungaro, representing Mr. Norm Puttick, requesting a deputation before Council. Mr. Ungaro feels Mr. Puttick has had "extreme difficulty in attempting to fulfill his functions" as a Commission member and would like to address this with Council. Staff has some reservations regarding this deputation request. In the least, such a request should only occur if the Transit Commission is given an opportunity to make representations. Nonetheless, if Council sees a value in dealing with this matter in a public forum, staff will schedule the matter in Community Services at the next date available to Mr. Ungaro and the representatives of the Commission. Working Together to Serve Our Community rr 16/2006 THU 10;23 FAX 905 357 9677 Guy Ungaro Law Office 2001 /001 April 6, 2006 VIA FAX NO. (905) 356 -9083 City of Niagara Falls Canada City Hall Legal Department 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Office of the City Clerk Dear Sir or Madame: Re: Norman Puttick and The Greater Niagara Transit Commission Please be advised that I am instructed to act on behalf of Norman Puttick in this matter. Mr. Puttick was recently appointed as a Commissioner for the Niagara Falls Transit Commission. He has had extreme difficulty in attempting to fulfill his functions and wishes to address City Council through his solicitor, namely the writer. I also wish to bring to your attention that in as much as Mayor Ted Salci is a member of the Commission and has endorsed a number of resolutions which form the subject matter of the difficulties, it is my belief that he should not participate in any discussion or vote with respect to the Niagara Transit Commission. There are a number of deficiencies present in the conduct of the Commission over the past number of years which Mr. Puttick has sought to look Into and many of which will provide substantial cost savings to the residents of Niagara. I understand that April 24, 2006 is a regular meeting of Council and I am requesting that we be allowed to present our case to the Council on that day. Yours truly, Un Ai. Guy Ungaro, LL.B. GU /kt cc: Norman Puttick Dictated but not read. Guy Ungaro, LL.B. Barrister Selicrtor 3486 Portage Road, Suite 101, Niagara Falls, Ontario L21 21C4 Tel.: (905) 351-5310 Fax: (905) 357.9677 The City of Niagara Fall Canada Members: RECOMMENDATION: Corporate Services Department L- 2006 -21 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 371-2892 E -mail: kkelly @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 24, 2006 Re: L- 2006 -21 Exchange of Lands between City of Niagara Falls, B.W. Nomineeco Inc. (Vincor) and Loblaw Properties Limited (Loblaw), Dorchester Road and Dawson Street, in the City of Niagara Falls Our File: 2004 -244 Karen I. Kelly City Solicitor That Council declares as surplus the lands described in items (i) and (ii) of page 2 of this report and directs the sale thereof to Loblaw and Vincor. BACKGROUND: In order to facilitate the reconstruction of Dorchester Road pursuant to the approved Class Environmental Assessment (EA), the City has negotiated a land exchange agreement with the above noted parties for the lands hereinafter described, on the west side of Dorchester Road in the vicinity of Dawson Street. The land exchange will also assist in facilitating the appropriate and orderly development of the lands upon which the new warehouse facility of Vincor is located and the lands upon which the proposed new Loblaw "Super Store approved by Council, is to be located. The City's intention to declare the lands set out in items (i) and (ii) below as surplus and to sell the same, was circulated to all City departments as part of the EA process, the result of which was that Staff had no objections to the land being declared surplus and sold subject to the exchanges outlined in items (iii), (iv) and (v) below. As such, it is our recommendation that the lands set out in items (i) and (ii) below be declared surplus and offered for sale as part of a land exchange. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development The land exchange will include the following transactions which are shown on the Plan attached to this report: i. The City will sell to Loblaw Part 3 on Reference Plan 59R -12990 (containing 936.2 square metres) for $57,833.76. These lands are surplus to the City's needs. ii. The City will sell to Vincor Parts 1 and 2 on Reference Plan 59R -12724 (containing 601.2 square metres) for $37,139.13. These lands are also surplus to the City's needs. iii. The City will acquire from Loblaw Parts 4 and 5 on Reference Plan 59R -12990 at no charge. iv. The City will purchase from Vincor Parts 2 and 5 on Reference Plan 59R -12953 (containing 2426.8 square metres) for $149,915.57. v. The City will acquire from Vincor Part 3 on Reference Plan 59R -12953 at no charge. As a result of these transactions, the City will be a net purchaser of 889.4 square metres of land. The cost to the City will be $54,942.68 and funds for this have been allocated in the 2006 Capital Budget. The City has obtained an appraisal prepared by Ronald Ellens Appraisals dated April 19, 2006 for the lands involved in this land exchange valuing the lands at $250,000 per acre. The lands being conveyed to the City by Loblaws and Vincor at no charge (items iii and v above) are being conveyed as conditions of site plan approval and severance respectively. Notice of this land exchange has been given to the public by publication in the Niagara Falls Review on Saturday, April 15, 2006. Recommended by: Karen I. Kelly City Solicitor Approved by: ,etacei T. Ravenda Executive Director of Corporate Services 2 L 2006 21 Respectfully submitted: John MacDonald Chief Administrative Officer The City of Niagara Fall Canada Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L- 2006 -09 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 371 -2892 E -mail: kkelly @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 24, 2006 Re: L- 2006 -09 Permanently Close Portion of Gladstone Avenue (Liberty Street) Our File No.: 2006 -81 Karen I. Kelly City Solicitor That Council authorize staff to proceed to permanently close a portion of Liberty Street (also known as Gladstone Avenue) being that portion of Liberty Street located between Stamford Street and Highway 420. Liberty Street as shown on Plan 35 (also known as Gladstone Avenue) is a small strip of land road allowance located between two private properties, neither of which is used as a `road', as shown hatched on Appendix "A" attached. This road allowance runs from Stamford Avenue to Highway 420 and is 42.672 metres or 140 feet in length and approximately 521 square metres in total size. Legal Services has received requests to permanently close the road allowance and convey it from both of the abutting land owners. The road allowance is currently subject to a Licence Agreement with Vann Outdoor Advertising dated January 14, 1994 for the purpose of erecting a sign and is attached as Appendix `B This Licence Agreement which is without an expiry date provides for the right by the City to terminate it on 30 days written notice. No notice to terminate has as yet been issued with respect to that Licence Agreement, however there is ample time prior to the completion of any sale within which to provide such notice. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 24, 2006 2 L- 2006 -09 These requests have been received since February 20, 2006, and have been circulated to all City departments, the result of which was that Staff had no objections to the road allowance being permanently closed, declared surplus and conveyed. The first step in proceeding to sale, given that this is an open road allowance, is to permanently close the road, with any declaration of surplus or sale to follow the registration of that closure. As such, it is our recommendation that the subject lands be permanently closed. Recommended by: ien I. Kelly City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services KK/lb Respectfully submitted: 1e i k hn MacDonald hief Administrative Officer 0 ILI Acc TEruZNT Feb 22, 2006 Teraview` a 34 68 lox 136 rya 201 .rtes w ±r Protected by Copyright. May not be reproduced without penntsslon. This map was mopped using plans and doaxnents g recorded In the Land Registry System and has been prepared for property Indexing purposes only. Ths is not a plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Only major easements are shown. Tenant Customer Service Centre: 1-800-208-5263 (Toronto: 416- 360 -1190) THIS LICENCE AGREEMENT made this 14th day of January, 1994. BETWEEN: tat. CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City 842672 ONTARIO LIMITED, a company incorporated under the laws of the Province of Ontario, c.o.b. as Vann Outdoor Advertising Hereinafter called the "Licensee WHEREAS that part of Gladstone Avenue described in Schedule 'A" attached hereto (herein referred to as the subject lands owned by the City, is not required by the City at the present time for highway purposes; AND WHEREAS the Licensee is the Into, of the land described in Schedule "B" attached hereto and has requested the City's permission to place one advertising sign on the subject lands and also use it as a parking lot in connection with the Licericee's business until the subject lands are needed for highway purposes; AND WHEREAS the City has agreed to grant the Licensee permission to do so upon the terms hereinafter contained; NOW THEREFORE THIS AGREEMENT WITNESSETH as follows: 1 The City insofar as it has authority to do so, hereby agrees that the licensee may use the subject lands for the purpose of a parking lot used in conjunction with the Licensee's of the FIRST PART; Of the SECOND PART; business. 2. This licence shall terminate upon default of one month in any annual payment herein provided without any notice of such default required to be given by the City to the Licence. 3. The Licensee hereby aclmowledges that it has no right to use the subject lands except by the licence of the City and that the City does not warrant any authority to grant the exclusive right to the use of the City's land to the Licensee and the Licensee accepts this licence subject to such limitations. 4. No transfer or assignment of the licence or of any rights hereunder shall be made by the Licencee without the written consent thereto of the City. 5, Licencee shall be entitled to erect one advertising sign on the said subject lands in a location approved by the sign inspector for the City and which sign complies with the requirements of the sign by law. 6. No building, structure, fence or other fixture save and except for a sign hereto fore described in paragraph 5 shalt be erected on the subject lands and all supply and placing of stone and any other improvements required to make the subject lands suitable for the purpose of the Licence shall be undertaken and carried out at the sole cost and expense of the Licencee and shall be entirely at the risk of the Licencee in respect of loss, damage, destruction or accident from whatsoever cause arising. 7. Either party may terminate this licence at any time upon 30 days notice given in writing to that effect to the other party and the Licencee shall, forthwith upon the termination of this licence, surrender possession of the subject lands and any signage erected by the Licencee shall be removed forthwith upon the termination of this licence at the sole cost and expense of the Licencee. 8. The Licencee covenants and agrees with the City to cut the grass and keep down the weeds on the City's land and generally to maintain the same in a condition acceptable to the City. 9. The Licencee acknowledges that the City shall not be responsible for any loss, costs, damage or injury (including death) to persons or property of the Licencee or of any other person or persons using the subject lands. 10. In consideration of the permission hereby given, the Licencee shall, on or before the execution of this agreement by the City, pay to the City the sum of $500.00 to cover the costs of this agreement and thereafter shall pay to the City annually, in advance, on or before the 1st day of July in each and every year during the subsistence of this licence an annual licence fee equivalent to the amount of municipal and business taxes that are levied on the City's land, the first of such payments to be made on or before the 1st day of July, 1994. The City shall notify the Licencee on or before the 15th day of June in each year of the amount of such annual payment. 3 11. The Licencee shall acquire and maintain insurance to protect itself from and against claims for personal injury or property damage relating to the subject lands and for this purpose shall take out commercial general liability insurance of not less than ONE MILLION (51,000,010.00) DOLLARS inclusive for personal injury (including death) and damage to property including loss of use thereof and shall name the City as an additional insured. The Licencee shall provide the City with a Certificate of Insurance in a form acceptable to the City Solicitor. 12. This licence agreement is conditional upon the lease agreement between the Licencee and Niagara Plumbing Supply Company, Limited for the premises known as 5605 Stamford Street. 13. Any notice to be given pursuant to this agreement may be delivered or sent by Prepaid First Class Mail or Facsimile Transmission to the Licencee and the City as follows: 842672 Ontario Limited, c.o.b. as Vann Outdoor Advertising, 5605 Stamford Street, Niagara Falls, Ontario, L2E 1N7. Telephone No.: Fax No.: (416) 354 -8569 The Corporation of the City of Niagara Fails, Attention: S. Daniels, Legal Assistant, Property Manager 4310 Queen Street, P.O. Box 1023, Niagara Falls, Ontario, L2E 6X5. Telephone No.: Fax No.: (416) 356 -7521 (416) 356 -2354 Any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 14. The Licencee shall indemnify, save, defend and keep harmless from time to time and at all times, the City of, from and against all actions, causes of action, interest, claims, demands, costs, charges, damages, expenses and Toss which the City may at any time bear, incur, be liable for, sustain or be put unto for any reason or on account of or by reason of or in consequence of the City entering into this agreement. 15. Wherever the singular or masculine is used in this agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require, and the rest of the sentence shall be construed as if the grammatical and terminological changes thereto rendered necessary had been made and all covenants herein contained shall be construed to be several as well as joint. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals duly attested by the hands of the proper signing officers in that behalf and the said signing officers certify that they have authority to bind their corporation. 842672 ONTARIO LIMITED, c.o.b. as Vann Outdoor Advertising Name: Title: Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: ne omson Title: Mayor Name: E. C. Wagg Title: Clerk PRPS.to f•.T SCHEDULE "A" to a Licence Agreement dated the 14th day of January, 1994 between 842672 ONTARIO LIMITED, c.o.b. as Vann Outdoor Advertising and THE CORPORATION OF THE CITY OF NIAGARA FALLS ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara, formerly in the Township of Stamford, in the County of Welland and being composed of that part of Gladstone Avenue (formerly Liberty Street) according to Registered Plan No. 35 for the former Township of Stamford, which said part may be more particularly described as follows: COMMENCING at the northeasterly corner of Lot 15 according to said Plan No. 35; THENCE southerly in the easterly limit of said Lot 15, being the westerly limit of Gladstone Avenue, 140 feet to the southeasterly corner of said Lot 15; THENCE easterly in a straight line 40 feet to the southwesterly corner of Lot 16 according to said Plan No. 35; THENCE northerly in the westerly limit of said Lot 16, being the easterly limit of Gladstone Avenue, 140 feet to the northwesterly corner of said Lot 16; THENCE westerly in a straight line 40 feet to the point of commencement. SCHEDULE "B" to a Licence Agreement dated the 14th day of January, 1994 between 842672 ONTARIO LIMITED, c.o.b. as Vann Outdoor Advertising and THE CORPORATION OF THE CITY OF NIAGARA FALLS ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara, formerly in the Township of Stamford, in the County of Welland, and being composed of: FIRSTLY; Part of Township Lot No. 113 of the former Township of Stamford which may be more particularly described as follows: COMMENCING at an iron stake planted at the northwesterly angle of the herein described parcel, which said point is located as follows: COMMENCING at an iron stake planted at the point of intersection of the southerly limit of Valley Way with the easterly limit of Portage Road, which said iron bar is shown on a plan of Portage Road filed in the Land Registry Office for the Registry Division of Niagara South as Deposit Number 3163; THENCE north 78 degrees and 16 minutes east astronomic in the southerly limit of Valley Way, 610,47 feet to said iron stake at the northwesterly angle of the herein described parcel, the point of commencement aforesaid; THENCE south 2 degrees and 41 minutes east, 158.69 feet to an iron stake; THENCE north 87 degrees and 26 minutes cast 90 feet to an iron bar; THENCE north 2 degrees and 41 minutes west to and along the westerly limit of the lands hereinafter described as parcel 4, a total distance of 173.2 feet to an iron bar planted in the southerly limit of Valley Way; THENCE south 78 degrees and 16 minutes west in the southerly limit of Valley Way 91.13 to the place of beginning. SECONDLY; Part of Township Lot No. 113 of the former Township of Stamford which may be more particularly described as follows: COMMENCING at the northwesterly angle of the herein described parcel, which said point is 2 located as follows: COMMENCING at an iron bar marking the point of intersection of the southerly limit of Valley Way with the easterly limit of Portage Road according to survey of Portage Road on file in the Land Registry Office for the Registry Division of Niagara South as Deposit No. 3163; THENCE north 78 degrees and 16 minutes east in the southerly limit of Valley Way 610.47 feet to an iron stake; THENCE south 2 degrees and 41 minutes east 158.69 feet to an iron stake at the northwesterly angle of the herein described parcel, the point of commencement aforesaid; THENCE north 87 degrees and 26 minutes east in the southerly limit of the lands hereinfirstly described, 90.0 feet to an iron bar; THENCE north 86 degrees and 22 minutes east 80.1 feet to an iron stake; THENCE south 2 degrees and 29 minutes east in the westerly limit of the lands of Ontario Hydro formerly The Hydro Electric Power Commission of Ontario), 324.80 feet to an iron stake in the southerly limit of said Lot No. 113, said stake being also distant south 88 degrees and 25 minutes west, 600.00 feet from the southeasterly angle of the said Lot No. 113; THENCE south 88 degrees and 25 minutes west in the southerly limit of said Lot No. 113, 168.94 feet to an iron stake; THENCE north 2 degrees and 41 minutes west 319.85 feet to the place of beginning, containing by admeasurement 1.25 acres. THIRDLY; Part of Township Lot No. 126 of the former Township of Stamford, and being a one foot strip of land lying between Stamford Street, as shown on Registered Plan 35 for the Township of Stamford and the northerly limit of said Township Lot No. 126, and commencing at an iron post planted in the northerly limit of said one foot strip at a point 600 feet westerly from the westerly limit of Stanley Avenue and extending 168.94 feet westerly from the point of commencement the said one foot strip lying immediately easterly of the lands conveyed by The Corporation of the Township of Stamford to the Joseph Aluminium Corporation of Canada Limited by deed dated 4th February, 1953 and which said parcel of land forms part of the lands conveyed to River Realty Development Limited by Albert Harry Rushton, and Mary Linsay Rushton, by registered instrument no. 71155 and lying immediately south of the lands herein secondly described. 3 FOURTHLY- Part of Township Lot No. 113 of the former Township of Stamford which may be more particularly described as follows: COMMENCING at a point in the interior of said Lot 113, and in the southern limit of Valley Way, which point may be located as follows: BEGINNING at the southeast angle of said Lot 113; THENCE northerly along the eastern limit of Lot 113 aforesaid, 683.50 feet to the said southern limit of Valley Way; THENCE south 71 degrees, 52 minutes and 30 seconds west along the said southern limit 605.40 feet; THENCE south 79 degrees 29 minutes and 30 seconds west still along said southern limit 17.50 feet to the said point of commencement; THENCE south 2 degrees 28 minutes and 30 seconds east 182 91 feet; THENCE south 86 degrees 26 minutes and 30 seconds west to and along the northerly limit of the lands described in parcel 2, 80.50 feet to a point; THENCE north 2 degrees and 34 minutes west along the easterly limit of the lands described in parcel 1, 173.00 feet to the aforesaid southern limit of Valley Way; THENCE north 79 degrees, 29 minutes and 30 seconds east along the said southern limit 81.74 feet more or less to the point of commencement. The City of Niagara Falls Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L- 2006 -17 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 371 -2892 E -mail: kkelly @city.niagarafalls.on.ca April 24, 2006 Re: L- 2006 -17 Declare Surplus and Offer for Sale Land Adjacent to 8833 Willoughby Drive Parts 1, 3 and 4 on Reference Plan 59R -12941 Our File No.: 2005 -151 Karen Kelly City Solicitor 1. That Parts 1, 3 and 4 on Reference Plan 59R- 12941, be declared surplus and offered for sale and that any proposed purchaser pay for all costs associated with the sale, including the cost of an appraisal, reference plan and all notices. 2. That Council direct that Parts 1, 3 and 4 on Reference Plan 59R -12941 should proceed to sale, by way of direct sale. Legal Services received a request from Arduino Pizzicarola, the only abutting land owner, to Parts 1, 3 and 4 on Reference Plan 59R-12941 ("subject lands regarding the purchase of this City-owned property. The subject lands comprise a long, narrow strip of land located at the north -east comer of Willoughby Drive and Weinbrenner Road, have approximately 5.24 feet of frontage along Willoughby Drive, a flankage of 127.07 feet along Weinbrenner Road with the total area calculated to be plus or minus 0.063 acres or 2,759 square feet. The City of Niagara Falls Sale of Lands By -law No. 2003 -16 section 4, provides for six (6) options for the sale of lands, which are: Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 24, 2005 2 L- 2006 -17 (a) direct sale; (b) public tender; (c) land exchange; (d) public auction; (e) listing with a real estate agent; (t) call for proposal; or by any combination of the above. In the within case, given that Mr. Pizzicarola is the only landowner with lands that abut the subject lands, is the only benefiting party to any such purchase, that he wishes to purchase so that he can improve the streetscaping of his own property, we would recommend option (a) direct sale as the preferred method for sale. This request, received in mid 2005, was subsequently circulated to all City departments the result of which was that Staff had no objections to the land being declared surplus and sold, save and except that a 4.5 x 4.5 metre daylighting triangle be retained, to be used for traffic purposes. As such, it is our recommendation that the subject lands be declared surplus and offered for sale. Recommended by: $espectfully submitted: Karen Kelly City Solicitor Approved by: 1,r T Rave Executive Director of Corporate Services KK/lb John MacDonald Chief Administrative Officer The City of Niagara Falls Canada r Members: RECOMMENDATION: BACKGROUND: Corporate Services Department L- 2006 -19 Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 371-2892 E -mail: kkelly @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 24, 2006 Re: L- 2006 -19 Declare Surplus and Offer for Sale Vacant Land between 6372 and 6398 Montrose Road Parts 2, 3 and 11 on Reference Plan 59R -11438 Our File No.: 2005 -229 Karen I. Kelly City Solicitor That Parts 2, 3 and 11 on Reference Plan 59R- 11438, be declared surplus and the City proceed to service it as a building lot and offer it for sale thereafter and that any proposed purchaser pay for all costs associated with the sale, including the cost of an appraisal, reference plan and all notices. Parts 2, 3, and 11 on Reference Plan 59R -11438 are left -over portions of the former Graham Street road allowance that was closed on August 6, 1998 as part of a reconfiguration of Graham Street as shown hatched on Appendix "A" attached. The subject lands have approximately 66 feet of frontage on Montrose Road, including a small Bell Canada easement on Part 11 on 59R 11438. Together the parts form a potential building lot, which can be serviced by the City and sold at a premium. Two requests to purchase these lands have been received since mid 2005, those requests were subsequently circulated to all City departments with a second circulation to the Region being done after the first was completed and as a result of comments received. The result of both circulations being that Staff and the Region have no objections to the land being declared surplus and sold. There has been a recommendation by Municipal Works that these lands be serviced by the City prior to sale in order to obtain a maximum value on their sale. The cost of servicing is estimated to be Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 24, 2006 between $4,000.00 to $6,000.00 which costs would be funded from a Municipal Works account. As such, it is our recommendation that the subject lands be declared surplus, be serviced and thereafter be offered for sale. Recommended by: pectfully submitted: Karen I. Kelly City Solicitor Approved by: T. Ravenda Executive Director of Corporate Services KK/lb A r- 2 L- 2006 -19 !r` j ohn MacDonald Chief Administrative Officer 64362012 64362014 TAD ST 643620129 64362013 64362013 64362013 643620133 64362013 643620135 64362013 643620137 6436003 643600375 6436003 64360 64360 6436003 6436003 ,I 643600 64360039 6436003 6436003 643600 6436003 64360 6436003 643600391 6436003 643408 rn 643600389 64 64 643600 643600 6436004 GR7 A1 §T 643600 643600 6487200 2 I TERANT Teraview• 0 11 22 33 44 55 66 rtes Nov 22, 2005 Protected by Copyright May not be reproduced widout permission. This map was compiled using plans and documents recorded in the Land Regisby System and has been prepared for properly indexing purposes only. This is not a Plan of Survey. For actual dimensions of properly boundaries, see ,eluded plans and documents. Only major easements are shown. Teranet Customer Service Centre: 1- 800 -208 -5263 (Toronto: 416 360 -1190) W ±E Y s The City of Niagara Fall Canada Finance Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Corporate Services Department F- 2006 -21 Tel: (905) 356-7521 Fax: (905) 356-2016 E -mail: kburden @city.niagarafalls.on.ca April 24, 2006 Re: F-2006-21 Major Receivables Quarterly Report RECOMMENDATION: For the information of Council. BACKGROUND: The following is the quarterly report of Tax and Sundry Receivables to March 31, 2006. 1. Tax Receivables Current Taxes 2006 2005 Percentage Collected 50% 49% Levy to Date 68,335,159. 67,571,839. Penalties Charged 104,070. 109,693. Collections 34,300,075. 33,413,580. Balance 34,139,154. 34,267,952. Tax Arrears 2006 2005 Percentage Collected 18% 16% Opening Balance 14,461,355. 16,815,838. Penalties Charged 595,167. 667,798. Collection 2,739,830. 2,876,919. Balance 12,316,692. 14,606,717. Total Unpaid Taxes 46,455,847. 48,874,669. Kenneth E. Burden Director Working Together to Serve Our Community Clerk's Finance Human Resources Information Systems Legal Planning Development April 24 2006 2 F- 2006 -21 Finance staff's increased focus on tax collections, and an improved local economy, have resulted in an improvement in the collection percentage of tax accounts in arrears. 2. Other Receivables Sundry Receivables 2006 2005 Accounts Receivables 1,516,353. 1,282,104. Finance staff follows a collection procedure to ensure that accounts are collected in a timely manner. All overdue accounts are charged penalty/interest of 1 -1/4% per month. Prepared by: T. W. Harrison Manager of Finance Recommended by: K.E. Burden Director of Finance la/FE \WFFILES\ Committee \F- 200621 Major Receivables First Quarter.wpd Approved by Ravenda Executive Director of Corporate Services Respectfully submitted: a fri ohn MacDonald Chief Administrative Officer The City of Niagara Falls Canali Members: His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: planning @niagarafalls.ca April 24, 2006 Re: PD- 2006 -36, Amendment to By -law No. 98 -151, as amended Respecting the Conveyance of Land for Park Purposes AM- 25/2004, Cuviello Construction Limited PD- 2006 -36 Doug Darbyson Director It is recommended that Council pass the by -law on tonight's agenda to require the conveyance of land for park purposes as a result of the development of approximately 23 ha (57 ac.) of tourist commercial land on the northeast corner of Lyon's Creek Road and Montrose Road. In 2005, Council approved an application (AM- 25/2004) by Cuviello Construction Limited to amend the Official Plan and Zoning By -law for approximately 23 ha (57 ac.) of land on the northeast comer of Lyon's Creek Road and Montrose Road. The amendments were requested to facilitate future tourist commercial development on the land. Official Plan Amendment No. 63, which changed the designation of the land from Industrial to Tourist Commercial, was adopted by City Council on November 21, 2005 and approved by the Region on February 14, 2006. Zoning By -law No. 2006 -045, which changed the zoning of the land from Rural and Highway Commercial to a site specific Tourist Commercial zone with Holding provisions (TC -H -739), was passed on February 20, 2006 and is now in effect. Since the adoption of the City's Tourism Policies (OPA No. 26) and the passage of By -law No. 98- 151, it has been Council's policy to require new developments and redevelopments in the City's tourism districts to contribute 2% of the land or a payment of money in lieu thereof for park purposes. The conveyance of land or the payment of money is required to be made prior to the issuance of building permits. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development April 24, 2006 A by -law is included in tonight's agenda to add the subject lands to the City's by -law which requires a contribution of land or money for park purposes. Passage of the by -law will ensure that the City obtains its desired parkland dedication when the lands are developed. Prepared by: Respectfully submitted: Ken Mech Manager of Current Planning Recommended by: Doug Darbyson Director of Planning Development Approved by: Ravenda di -2- Executive Director of Corporate Services KM:gd S:'PDR\2006\PD2006 -36, AM -25 -2004 Conveyance of Land for Park Purposes.wpd rl John MacDonald Chief Administrative Officer PD- 2006 -36 Niagara Falls Cary of s Canad� Members: RECOMMENDATION: It is recommended that: BACKGROUND: Planning Process Corporate Services Department Planning Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.niagarafalls.ca Tel: (905) 356 -7521 Fax: (905) 356-2354 E -mail: planning @niagarafalls.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 24, 2006 Re: PD- 2006 -39, Draft Plan of Condominium 6350 Dorchester Road (former Dorchester Manor Nursing Home) File: 26CD -11- 2006 -01 Owner: Mountainview Construction Inc. PD- 2006 -39 Doug Darbyson Director 1) the proposed plan of condominium be draft approved subject to the conditions in the attached Appendix; 2) the Mayor or designate be authorized to sign the draft plans as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged; and 3) draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and, subject to review, granted by Council. The development is located on the east side of Dorchester Road, south of Stokes Street, as shown on Schedule 1. Internal renovations to the former nursing home on the property to create 37 apartment units were initiated earlier this year. The site layout is shown on Schedule 2. The application for plan of condominium subdivision will permit the individual ownership of each unit in the development with the common elements (e.g., open space, hallways, driveways) shared by the condominium corporation. This development has proceeded through various planning approvals and consultation with the public. The project has been designed for compatibility with surrounding land uses, contributes to the mix of available dwelling types in the area and has the potential to provide affordable housing. The property was subject to a rezoning application (AM- 36/2003) approved in principle in December Working Together to Serve Our Community Clerks Finance Human Resources information Systems Legal Planning Development April 24, 2006 2 PD- 2006 -39 2003. A neighbourhood meeting was held in May 2004 regarding design details of the project. Council adopted By -law No. 2004 -96 on May 17, 2004 to zone the land Residential Apartment 5A Density (RSA) with special provisions to recognize the location of the existing building. The by -law permits a maximum of 40 units. The Site Plan Agreement for the development includes specific fencing and landscaping requirements and was registered on title January 26, 2006. Conditions of Approval Standard requirements for all subdivision developments are applied to plans of condominium including payment of cash -in -lieu of parkland dedication as permitted by the Planning Act. The majority of issues have been addressed through the rezoning and site plan approvals. Construction has not been completed and a condition is included respecting confirmation of zoning by -law and site plan compliance when the project is finished. The Region promotes the redevelopment of such non residential properties to residential use which is consistent with "smart growth" principles. The Regional Public Works Department requests a condition relating to a private contractor providing the waste collection service. CONCLUSION The apartment development has received the appropriate zoning and site plan approvals. The proposed Draft Plan of Condominium will allow the separate ownership of the units. The conditions of approval are listed in the Appendix. Prepared by: Respectfully submitted: Richard Wilson Planner 2 Recommended by: ffi Doug Darbyson Director of Planning Development Approved by: Tony Ravenda 7 Executive Director of Corporate Services RW:gd Attach. S:\PDR\2006\PD2006 -39, Draft Plan of Condo-6350 Dorchester Mountainview Construction.wpd John MacDonald Chief Administrative Officer April 24, 2006 -3 APPENDIX Conditions of Draft Plan of Condominium Approval PD 2006 39 1. Approval applies to the 6350 Dorchester Road Draft Plan of Condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Limited, dated February 9, 2006 showing an apartment dwelling with 37 units. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3. The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4. The developer provide information to Planning Development to confirm compliance with the provisions of the Zoning By -law and Site Plan Agreement. 5. The developer pay the City cash -in -lieu of parkland dedication (5% of the appraised raw value of the land if vacant). 6. The developer provide five copies of the pre registration plan to Planning Development and a Letter stating how all the conditions imposed have been or are to be fulfilled. 7. The condominium agreement include a clause indicating that waste collection will be provided by a private contractor arranged by the developer or the condominium corporation. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied: Regional Niagara Public Works Department for Condition 7 Proposed Plan of Condominium 6350 Dorchester Road 26CD -11- 2006 -01 Subject Land r KAGIS Requests\ 20061 4eheAdes \Condos\6350_Dorchestermap SCHEDULE 1 Location Map N s 1:NTS April 2006 SCHEDULE Niagara Wit Region PLANNING AND DEVELOPMENT March 30, 2006 File: D.11.M.11.24 Mr. Richard Wilson, Planner 2 City of Niagara Falls 4310 Queen St., 2n Floor Niagara Falls, ON L2E 6X5 Dear Mr. Wilson: Re: Draft Plan of Condominium 6350 Dorchester Road File No: 26CD -11- 2006 -01 Dorchester Road, south of Stokes St. City of Niagara Falls The applicant is currently converting an existing building that was formerly used as a nursing home (former Dorchester Manor) into 37 apartment units. The above application would establish a condominium corporation and separate ownership for each apartment unit so that the units can be sold individually. Regional Planning staff support the approval of the condominium application because it will facilitate the creative re -use of an existing building and will provide housing that should be affordable. As the conversion will involve primarily internal renovations of the existing building and as a site plan to address the standard planning details was previously approved, the plan of condominium should not compromise any Regional or Provincial planning interests. Therefore, no conditions of draft approval are necessary to address our planning interests. The Regional Public Works Department in its attached comments advises that it is not opposed to the proposal on the understanding that waste collection for the complex will be provided by a private contractor. Therefore, as a condition of draft approval, the condominium agreement should include a clause indicating that waste collection will be provided by a private contractor arranged by the developer or the condominium corporation. The wording of the clause should be satisfactory to the Regional Public Works Department. Yours truly, David J. Farley Director of Planning-8 ices Attachment c: Councillor W. Smeaton, Regional Municipality of Niagara D. Darbyson, MCIP, RPP, Director of Planning, City of Niagara Falls Mr. W. Stevens, Regional Public Works tw /DraftCondoDorchester Manor -NF Building Community. Building Lives. The Regional Municipality of Niagara 3550 Schmon Parkway, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905-984-3630 Fax: 905 641 5208 E mail: plan©regional.niagara.on.ca Planning Sca I Alt l,L/ RECEIVED APR 0 3 2036 PLANNING DEVELOPMENT Niagara Region March 22, 2006 Doug Darbyson Director of Planning and Development City of Niagara Falls Dear Mr. Darbyson: Circulation of Draft Plan of Condominium Applicant/Owner: Mountainview Construction Inc. Proposal: 37 Apartment Units (renovation of the former Dorchester Manor Nursing Home) Location: 6350 Dorchester Road In the City of Niagara Falls City File: 26CD- 11- 2006 -01 Our File: D.11.04.66.643580036 (ID #4895) Regional Niagara Public Works Department has reviewed the above referenced Draft Plan of Condominium and advise that we have no objection to this proposal; however, we would note that our approval is based upon the understanding that any waste collection for this development will be provided by a private collector to be arranged by the developer. Yours truly, PUBLIC WORKS Operational Support Services 2201 St. David's Road, P.O. Box 1042, Thorold, ON 12V 417 Tel: 905 685 -1571 Toll -free: 1 -800- 263 -7215 Fax: 905 -687 -8056 www.reglonal:niagara.on.ca 1.1 9 MAR 2 3 2006 Reglonar Munir:!pallty of 1-.: mra PLANTING Williar((J. Stevens, C.E.T. Development Approvals Manager WS/cm L:\Engineering- Planni nq and Development \vetrone-Carmen\Nlagara Falls\ CORRESPONDENCE 2006 \10974.D.Darbyson.City of Niagara Falls.doc c: Tom Whitelaw, Planner, Planning and Development Department Catherine Habermebl, Manager Waste Collection Diversion Operations Building Community. Building Lives. The City of Niagara Fall Canad� RECOMMENDATION: It is recommended that: BACKGROUND: Community Services Department MW- 2006 -44 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: edujlovi @city.niagarafalls.on:ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 24, 2006 Members: RE: MW- 2006 -44 Tender for the Supply of Materials and Services for Pavement Markings Contract #2006 -06 (On- Street Application) Contract #2006 -07 (Parking Lots Other City Owned Lands) 1. Provincial Maintenance be awarded the tender for Contract 2006 -06 (On- Street Pavement Markings), and that staff be directed to negotiate a service agreement for those works; and, 2. Sealer Works be awarded the tender for Contract 2006 -07 (Parking Lots and other City Owned Lands), and that staff be directed to negotiate a service agreement for those works. In the presence of the Manager of Supplies and Services, the following tenders for the Supply of Materials and Services for Pavement Marking were opened on Thursday, March 30, 2006. 1. Contract 2006 -06 Pavement Markings On- Street 2. Contract 2006 -07 Pavement Markings in Parking Lots and other City Owned Land For Contract 2006 -06, two (2) bids were received, however one (1) bid was incomplete. The completed bid from Provincial Maintenance is $144,400.00 (excluding tax). Taking into consideration the increased paint quantities for 2006, this bid represents an increase of approximately 5% over the previous years bid. The contract was performed by Provincial Maintenance in 2005. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services April 24, 2006 2 MW- 2006 -44 A total of five (5) bids were received for Contract 2006 -07, which is of a 2 year duration. Four of the bids received were for alkyd paint and one bid for water -borne paint. The summary of bids (excluding tax) is shown below: Contractor 2006 Bid 2007 Bid Total Bid Sealer Works (alkyd) Tarman Inc. (alkyd) Tarman Inc. (water) Al Asphalt Maintenance (alkyd) BP Pavement Marking (alkyd) Financing: 14,080.00 16,010.00 16,690.00 17,094.80 17,730.00 14,930.00 16,411.80 17,131.88 17,094.80 18,360.00 The low bid was received from Sealer Works of Niagara Falls for the use of alkyd paint. The average for the 2 -year bid of 29,010.00 ($14,505.00 annually) from Sealer Works represents a 5% decrease over last years tender award. Sealer Works had previously carried out pavement markings for the City of Niagara Falls in 2005. Based on the successful completion of the previous years contract by Provincial Maintenance and Sealer Works, and given that both companies had submitted either the low or only bid, it is recommended that Provincial Maintenance be awarded Contract 2006 -06 and Sealer Works be awarded Contract 2006 -07. Contract 2006 -06 The estimated cost was $150,000.00 The project cost is $154,508.00 Contract 2006 -07 The 2006 estimated cost was $25,000.00 The 2006 project cost is $14,100.00 Funding: Account 11 -3- 342010- 040000 150,000.00 Account 11 -3- 341000 040001 16,000.00 Council's concurrence with the recommendation outlined in this report would be appreciated. Prepared by: Karl Dren, C.E.T. /John MacDonald Manager of Traffic Parking Services Approved by; Ed Dujlovic, P.Eng. Director of Municipal Works 29,010.00 32,421.80 33,821.88 34,189.60 36,090.00 Respectfully submitted: Chief Administrative Officer M.Canick S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports \2006 Council\04 April 24\MW- 2006 -44 Pavement Marking Contnct.wpd The City of Niagara Fall Canad� Members. His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -46 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -2354 E -mail: edujlovi @city.niagarafalls.on.ca April 24, 2006 Re: MW- 2006 -46 Dorchester Road Reconstruction and Underground Services Utility Relocations and Project Update It is recommended that staff be authorized to proceed with the utility relocations and the relocations be funded from the 2006 Capital Budget, Dorchester Road Environmental Assessment and Reconstruction, be approved. The final design for Dorchester Road reconstruction from HWY 420 to Morrison Street including the Morrison Street intersection and the Dawson Street extension has been completed. To proceed with the reconstruction, Niagara Falls Hydro, Bell and Enbridge must relocate a portion of their existing infrastructure, to accommodate the proposed road cross- section, as approved in the Dorchester Road and Morrison Street Environmental Assessment. The utility relocations will proceed in accordance with the utility franchise agreements where the City pays a portion of the relocation cost, a maximum of 50% of the relocation cost. The utility relocations are expected to commence on May 1, 2006 and be completed by June 30, 2006. The road reconstruction, storm sewer construction, watermain replacement and new traffic signal installations are being tendered. The contract award report will be on the May 8, 2006, Council's agenda. Construction on the underground services and road reconstruction is to commence on May 23, 2006 with completion by September 1, 2006 except for the widening across the CNR tracks. The CNR Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services track crossing will be reconstructed in the spring of 2007. The earliest CNR can install the new rail, road crossing, train signals and gates. During this period, Dorchester Road will be narrowed to two lanes across the CNR tracks similar to the Montrose Road at the CNR crossing. A separate report is on the Council agenda to acquire the necessary property from HWY 420 to the CNR for the reconstruction. On Dorchester Road from the CNR to Morrison Street, additional property is required. A report is expected to be on the May 8, 2006 Council agenda, with respect to these properties. As approved in Council Report MW- 2005 -92, "Dorchester Road Environmental Assessment and Design," the design for the construction of the curb on the west side of Dorchester Road, north of Thorold Stone Road, has been completed. This construction is to be included in a separate contract, containing similar work, several cul -de -sac reconstruction projects. This contract will be tendered in May, Council award May 29 or June 12, with construction on Dorchester Road scheduled for July 2006. Financing: Utility Relocation Costs: Niagara Falls Hydro $142,000.00 Bell 35,000.00 Enbridge 90,000.00 TOTAL $267,000.00 Funding: 2006 Municipal Works Capital Projects Budget Dorchester Road Environmental Assessment and Reconstruction TOTAL $267,000.00 Account #12 -3- 310016- 030000 Development Charges Debentures Council's concurrence with the recommendation would be appreciated. Prepared by: Respectfully submitted: Bob Darrall Project Manager Approved by: 2 MW- 2006 -46 John MacDonald Chief Administrative Officer Ed Dujlovic Director of Municipal Works S:\REPORTS\2006 Reports \M W- 2006-46 Dorchester Road Reconstruction and Underground Services Utility Relocations Update Report.wpd The City of Niagara Fall Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members. RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -51 Municipal Works Ed Dujlovic 4310 Queen Street Director P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356-2354 E -mail: edujlovi @city.niagarafalls.on.ca Re: MW- 2006 -51- Contract 2006 -03 2006 Asphalt Overlay Phase #1 City Wide 2. Rankin Construction (St. Catharines 3. Steed and Evans (Thorold) 4. Hard Rock Paving Co. (Port Colborne) April 24, 2006 It is recommended that the contractor (Norjohn Contracting Limited) be retained to perform the works for the 2006 Asphalt Overlay Phase #1 for the amount shown below and that Council authorizes the Mayor and City Clerk to sign an agreement with Norjohn Contracting Ltd.. The Tender Opening Committee, in the presence of the City Clerk, opened tenders on Tuesday, April 18, 2006 at 1:30 p. m. for the above noted contract. Tender documents were picked up by five (5) contractors and four (4) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the four (4) contractors. 1. Norjohn Contracting Thorold) 766,000.00 778,434.10 781,494.84 794,058.80 Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services April 24, 2006 MW- 2006 -51 The lowest tender was received from Norjohn Contracting in the amount of $766,000.00. This Contractor has previously performed similar type projects for the City. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. The lowest tender has been submitted at a cost approximately 17% higher than the estimated cost for the contract. A review was completed to establish some reasoning for the escalated prices over prices that were being paid last fall. Due to the rising cost of oil, asphalt and PVC product prices have escalated this year which would account for approximately 10% of the price increase. There are also a great number of large to medium size projects under construction throughout the Region. The large amount of projects that are being performed throughout the Region have caused prices to increase moderately which would account for the remainder of the escalation. The current contract will now serve as a benchmark for the range of costs that can be expected throughout the 2006 year. Financing: The Engineer's estimate for this contract was 650,000.00. Project Costs: Awarded Contract 766,000.00 TOTAL 766,000.00 Funding: TOTAL Council's concurrence with this recommendation would be appreciated. Prepared by: Frank Tassone, A.Sc.T. oim MacDonald Project Manager Chief Administrative Officer 2006 Capital Budget G/L 12 -3- 310024- 030000 Ed Dujlovic, P Eng Director of Municipal Works 766,000.00 Respectfully submitted- 44i The City of Niagara Falls( Members: RECOMMENDATION: For the information of Council. BACKGROUND: Corporate Services Department CD- 2006 -05 Clerk's Division 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: (905) 356 -7521 Fax: (905) 356 -7404 E mail: diorfida @city.niagarafalls.on.ca His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario April 24, 2006 Re: CD 2006 05 Niagara Falls Hydro Board of Directors 2005 Remuneration Dean lorfida City Clerk On the March 20' Council agenda was the Annual Statement of Remuneration and Expenses (F- 2006-19). Relatedly, Council passed the following motion: ORDERED on the motion of Alderman Volpatti, seconded by Alderman Diodati that a report come back on remuneration for the Niagara Falls Hydro Inc. Board. Carried Unanimously The Niagara Falls Hydro Board provided the 2005 figures and they have been placed in a format similar to F- 2006 -19. The Hydro Board also forwarded a copy of their Report on Director Compensation. This report had been previously provided to Council. It will be e- mailed to Council as part of an upcoming Council Information e-mail package. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Member Remuneration Meeting Fees Spec Business Devpmt Proj Pen West Merger Total Campbell, B. $2,000.00 $3,600.00 $5,600.00 Campbell, W. 2,000.00 3,000.00 5,000.00 Haskin, B. 2,000.00 3,000.00 $1,050.00 6,050.00 Ioannoni, C. 2,000.00 3,300.00 5,300.00 Morocco, J. 2,000.00 2,700.00 4,700.00 Palmer, J. 2,500.00 3,150.00 3,450.00 9,100.00 Panko, A. 2,000.00 2,700.00 4,700.00 Salci, T. 2,000.00 1,350.00 3,350.00 TOTAL $16,500.00 $22,800.00 $4,500.00 $43,800.00 April 24, 2006 2 2005 STATEMENT OF REMUNERATION AND EXPENSES NIAGARA FALLS HYDRO INC BOARD OF DIRECTORS CD- 2006 -05 As noted during the ratification of March 20 minutes, an error appeared in F- 2006 -19. The chart from the aforementioned report has been corrected and appears on the following page. Alderman Remuneratio n Travel/ Contingency Expenses* Expense Allowanc e Total Campbell, W. $18,497.22 $383.72 $2,377.30 $500.00 $21,758.24 Diodati, J. 18,497.22 109.722 245.46 40.00 20,892.40 Ioannoni, C. 18,497.22 128.723 611.33 55.00 22,292.27 Kerrio, V. 18,497.22 18,497.22 Morocco, J. 18,497.22 581.722 295.01 422.10 21,796.05 Pietrangelo, V. 18,497.22 109.721466.34 136.30 20,409.58 Salci, T. 75,927.50 13,295.00 4,503.14 93,725.64 Volpatti, S. 18,497.22 109.722 191.60 415.00 21,213.54 Wing, J. 18,497.22 577.20 40.00 19,114.42 TOTAL $223,905.26 $14,718.32 $19,467.38 $1,608.40 $259,699.36 April 24, 2006 3 CD- 2006 -05 2005 STATEMENT OF REMUNERATION AND EXPENSES Recommended by: Dean Iorfda City Clerk Approved by: NIAGARA FALLS CITY COUNCIL(REVISED) Ravenda xecutive Director of Corporate Services includes Internet cell phone expense Respectfully submitted: ohn MacDonald Chief Administrative Officer A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "D 1" and Schedule "Dl" attached hereto shall be inserted in lieu thereof. Passed this twenty- fourth day of April, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 24, 2006. April 24, 2006. April 24, 2006. CITY OF NIAGARA FALLS By -law No. 2006 SCHEDULE "Dl" FACTORY ONE OUTLET MALL 1. Parking By -law Enforcement Officers on private property: Steve Bourassa Richard Budd Shirley Clair Charles Coffman Sarah Convery Eli Hoffmann Travis Willick CITY OF NIAGARA FALLS By -law No. 2006 A by -law to establish Part 4 on Reference Plan 59R -13043 as a public highway, to be known as and to form part of Hodgson Avenue. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: I. That Part Lot 47 Plan 87 Stamford, designated as Part 4 on Reference Plan 59R- 13043, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 4 on Reference Plan 59R -13043 hereby established as a public highway, be known as and form part of Hodgson Avenue. Passed this twenty-fourth day of April, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 24, 2006. April 24, 2006. April 24, 2006. A by -law to authorize the execution of an Agreement with James Walker and Virginia Walker with respect to conditions imposed by the Committee of Adjustment by decision dated November 22, 2005 under File No. B40 /2005/NF. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement, in the form attached hereto, made between James Walker and Virginia Walker as Owners and The Corporation of the City of Niagara Falls as City, respecting the terms and conditions imposed by the Committee of Adjustment by decision dated November 22, 2005 under File No. B40 /2005/NF, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty-fourth day of April, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 24, 2006. April 24, 2006. April 24, 2006. CITY OF NIAGARA FALLS By -law No. 2006 BETWEEN: JAMES WALKER and VIRGINIA WALKER Hereinafter referred to as the "Owners" and THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "City" OF THE FIRST PART; OF THE SECOND PART. WIIEREAS the owners have applied to the Committee of Adjustment of the City of Niagara Falls for consent to convey the land by way of the application for consent to that Committee bearing the number B40 /2005/NF; AND WHEREAS this Agreement constitutes a condition to a provisional consent to convey land granted by the Committee ofAdjustment of the City of Niagara Falls pursuant to delegated authority under Section 53 of the Planning Act R.S.O. 1990 s. P.13, as amended. The party of the first part and the party of the second part agree as follows: For the purposes of this Agreement: 1. a) The "City" shall mean The Corporation of the City of Niagara Falls. b) "Decommission" shall mean: c) The "land" shall mean part 1 on a sketch prepared by Allan J. Heywood O.L.S. dated November 11, 2002 and numbered L.L.N. 36093A. i) in the case of water service, the disconnection and permanent capping of any well. ii) in the case ofa septic system, the disconnection and removal of any septic tank and bed. -2- d) "Municipal services" shall mean piped water, storm and sanitary sewer services installed by the actions of and operated by a municipality or a delegate or contractor of or to a municipality. e) The "owners" shall mean James and Virginia Walker and any heir to, assignee of or successor to both or either of James and Virginia Walker to the title to the land. 2. The owners agree that they will connect the land to a municipal service or services within 60 days of receiving a notice from the City requiring that the service or services specified in the notice to be connected to the land. 3. In the event that the municipal service that is to be connected to the land is a sanitary sewer, the owners agree to decommission any septic tank and bed from the land. 4. In the event that the municipal service that is to be connected to the land is piped water, the owner will decommission in any well upon the land. 5. The owners acknowledge and agree that, in the event that the owners fail to commence work to connect the lands to any municipal service or any of the municipal services within 60 days of receiving the notice described in paragraph 2 above, the City, its employees, contractors and agents may enter the land and connect the land to the municipal services or service as the case may be and decommission any well or septic tank found on the land. 5. In the event that the City exercises its right to enter the land and connect the land to any municipal service or municipal services and decommission any well or septic tank found of the land, the City shall be entitled to add the amount by which that cost exceeds the value of the Letter of Credit to the tax roll entry for the land to be collected in the same manner as taxes. 7. It is acknowledged and agreed that notice of this Agreement shall be registered upon the title to the land and that this Agreement shall run with the title to the land. 8. It is acknowledged and agreed that all of the work required to connect the land to the municipal services or any one of the municipal services shall be performed to the satisfaction of the Director of Engineering of the City acting reasonably. 9. It is acknowledged and agreed that the notice described in paragraph 2 will not be served at a time when the required work cannot be performed due to frozen ground. 10. Service under this Agreement shall be deemed to be sufficient if sent by registered mail to the address for the owner listed on the assessment roll entry for the land. SIGNED, SEAL D AND DELIVERED in the 'res:sce -3- 11. It is acknowledged and agreed that the recitals to this Agreement shall form a part of this Agreement. mes Walker /71 A-net- Virgini Valker THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: R. T. (Ted) Saki, Mayor Dean Iorfida, City Clerk CITY OF NIAGARA FALLS By -law No. 2006 A by -law to amend By -law No. 98 -275, which amended By -law No. 98 -151, being a by -law respecting the conveyance of land for park purposes. WHEREAS Section 42 of the Planning Act authorizes the council of a local municipality to pass by -laws respecting the conveyance of land to a municipality or the payment of money instead of conveyance for park or other public recreational purposes as a condition of development or redevelopment of land; AND WHEREAS City Council has passed By -law No. 98 -151 respecting the conveyance of land or the payment of money instead of conveyance for park or other recreational purposes; AND WHEREAS City Council has passed By -law No. 98 -275, which amended By -law No. 98 -151; AND WHEREAS City Council has passed By -law Nos. 2000 -245 and 2001 -06, which amended By -law No. 98 -275; AND WHEREAS City Council has passed By -law No. 2006 -045 placing a site specific Tourist Commercial zone on land on the northeast corner of Lyons Creek Road and Montrose Road. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 98 -275, as amended by By -law Nos. 2000 -245 and 2001 -06, is further amended by deleting Schedule A and Schedule A attached hereto shall be inserted in lieu thereof. 2. By -law Nos. 2000 -245 and 2001 -06 are repealed. Passed this twenty- fourth day of April, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 24, 2006 April 24, 2006 April 24, 2006 SCHEDULE A i— O .1 wr:. 114.4 �r1V 1111... Affected Lands Schedule to By -law No.1998 -275 K1GI5 Requests l2004\ Schedules \ZoningAMXAM -25VSchedule&map AM- 25/2004 Apnl 2006 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize an agreement with Loblaw Properties Limited (Loblaw) and B W Nomineeco Inc. (Vincor) for an exchange of lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An agreement dated April 24, 2006 between the Corporation of the City of Niagara Falls and Loblaw Properties Limited (Loblaw) and B.W. Nomineeco Inc. (Vincor), in the form attached hereto (the agreement), providing for an exchange of lands in connection with the reconstruction of Dorchester Road, in the vicinity of Dawson Street, in the City of Niagara Falls, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the agreement and the Clerk is hereby authorized to affix the corporate seal thereto and deliver the agreement. 3. The City Solicitor is hereby authorized to take all necessary steps to carry out the intent of this by -law. 4. This by -law will come into force when the agreement has been properly executed by Loblaw and Vincor. Passed this twenty fourth day of April, 2006 DEAN IORFIDA, CITY CLERK R. TED SALCI, MAYOR First Reading: Second Reading: Third Reading: April 24, 2006 April 24, 2006 April 24, 2006 THIS AGREEMENT made the 24th day of April, A.D. 2006 BETWEEN: The Corporation of the City of Niagara Falls Hereinafter called the "City and Loblaw Properties Limited Hereinafter referred to as Loblaw" and B.W. Nomineeco Inc. Hereinafter referred to as "Vincor" of the FIRST PART; of the SECOND PART of the THIRD PART WHEREAS the City is the registered owner of the lands firstly and secondly described in Schedule "A attached hereto; and WHEREAS Loblaw is the registered owner of the lands thirdly described in Schedule "A attached hereto; and WHEREAS Vincor is the registered owner of the lands fourthly and fifthly described in Schedule "A attached hereto; and WHEREAS the parties wish to exchange lands as hereinafter set forth, subject to the terms of this agreement, for the purpose of facilitating the widening of parts of Dorchester Road in the City of Niagara Falls and the development of lands owned by Loblaw and Vincor. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the amounts referred to herein and the mutual terms and conditions set forth, the Parties agree as follows: 1. The Parties agree that the recitals in this agreement are true and accurate and shall form part of the agreement. 3. The Parties agree to the following exchanges of lands: i. The City agrees to sell and Loblaw agrees to buy the lands firstly described in Schedule "A" for the sum of $57,833.76; and ii. The City agrees to sell and Vincor agrees to buy the lands secondly described in Schedule "A" for the amount of $37,139.13; and iii. Loblaw agrees to convey to the City at no charge the lands thirdly described in Schedule "A and iv. Vincor agrees to sell and the City agrees to buy the lands fourthly described in Schedule "A" for the amount of $149,915.57. v. Vincor agrees to convey to the City at no charge the lands fifthly described in Schedule "A 4. The following terms and conditions shall apply to each of the exchanges of lands described in paragraph 3 with the understanding that the term "Vendor" shall refer to the Party selling or conveying lands, as the case may be, and the term "Purchaser" refers to the Party buying or acquiring the lands, as the case may be: i. The Purchaser agrees to pay the Vendor the balance of the Purchase Price, by certified cheque, subject to the usual adjustments, on the closing of this transaction. ii. The Vendor agrees to obtain and register, on or before closing, valid discharge(s) of any existing mortgages, liens or encumbrances on the real property, at its own expense. iii. The Purchaser shall not call for the production of any title deeds, abstract, survey or evidence of title except such as are in the possession or control of the Vendor. completed by the Purchaser, be prepared in a registerable form by the Vendor. v. The Purchaser shall be allowed up to 10 days prior to the date of closing, to examine title to the property, at its own expense, and to satisfy itself that there are no outstanding work orders affecting the property. If within that time any valid objection to title is made in writing to the Vendor, or its Solicitor, which the Vendor shall be unable or unwilling to remove and which the Purchaser will not waive, the contract arising out of the acceptance of this Offer shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and all monies shall be returned by the Vendor without interest and it shall not be liable for any damages or costs. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the real property. vi. This agreement shall be completed 30 days after the agreement is executed by all parties or sooner if mutually agreed upon. vii. Provided that the title to the property is good and free from all encumbrances except as aforesaid and except for any registered restrictions or covenants that run with the land providing that such are complied with and except for any minor easements to public utilities required for the supply of domestic utility services to the property. If within the time allowed for examining the title any valid objection to title, or to any outstanding work order, or to the fact the said present use may not lawfully be as to any valid objection so made by such day and except for any objection going to the root of title, the Purchaser shall be conclusively deemed to have accepted the Vendor's title to the property. viii. On the closing of this transaction, the Vendor shall convey the said lands to the Purchaser by a good and sufficient deed thereof in fee simple, free and clear of all encumbrances, except as to any restrictions or covenants and except for any easements or unless otherwise provided herein and shall deliver vacant possession of the said lands to the Purchaser free of all tenancies. ix. Taxes, local improvements, water and assessment rates shall be apportioned and allowed to the date of completion (the day itself to be apportioned to the Purchaser). x. This agreement and its acceptance is to be read with all changes of gender or number required by the context. xi. Any tender of documents or money hereunder may be made upon the Vendor or Purchaser or their respective solicitors acting for either party from whom tender is desired on the day set for completion of the Agreement. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. xii. The Vendor and Purchaser acknowledge that the Purchaser shall self- assess and remit all Goods and Services Tax (GST) payable in connection with the transfer and shall tender on closing a Certificate and Indemnity including verification of its registration number issued by Revenue Canada under the Excise Tax Act (Canada) to the Vendor. xiv. The Vendor is not now and shall not on the Closing Date be a non resident of Canada within the meaning ascribed thereto in the Income Tax Act (Canada). IN WITNESS WHEREOF the parties have caused this agreement to be executed by affixing their corporate seals attested by the signature of their proper officers duly authorized in that behalf. Dated at the City of Niagara Falls, in the Regional Municipality of Niagara, this day of 2006 THE CORPORATION OF THE CITY OF NIAGARA FALLS Ted Salci, Mayor Dean Iorfida, City Clerk We have the authority to bind the corporation Loblaw Properties Limited Per Per We have the authority to bind the corporation B.W. Nomineeco Inc. Schedule "A" to an agreement dated the 24t day of April 2006 between the Corporation of the City of Niagara Falls, Loblaw Properties Limited and B.W. Nomineeco Inc. ALL and singular those certain parcels or tracts of land situate, lying and being in the City of Niagara Falls in the Regional Municipality of Niagara and more particularly described as follows: FIRSTLY (The City lands): SECONDLY (The City lands): THIRDLY (Loblaw Holdings Limited lands): FOURTHLY (B.W. Nomineeco lands): FIFTHLY (B.W. Nomineeco lands): Part 3 on Plan 59R -12990 Parts 1 and 2 on Plan 59R -12724 Parts 4 and 5 on Plan 59R -12990 Parts 2 and 5 on Plan 59R -12953 Part 3 on Plan 59R -12953 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 20" day of April, 2006. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 24t day of April, 2006 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls Passed this twenty fourth day of April, 2006. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 24, 2006. April 24, 2006. April 24, 2006. Council ADDITIONS TO COUNCIL, MONDAY, APRIL 24, 2006 1. Letter from Guy Ungaro, requesting that the matter dealing with Norm Puttick and The Greater Niagara Transit Commission be brought to the May 8th Council meeting. 2. Letter from Mountainview Homes, requesting deferral of PD- 2006 -39, Draft Plan of Condominium, 6350 Dorchester Road former Dorchester Manor Nursing Home). By -law 1. 2006 -74 A by -law to authorize the execution of a Subdivision Agreement with Walker Community Development Corporation respecting Block 49- Neighbourhoods of St. David's Subdivision. 04/24/2006 MON 14:44 FAX 905 357 9677 Guy Ungaro Law Office R001 /002 April 19, 2006 VIA PAX NO. (905) 356 9083 City of Niagara Falls Canada City Hall Legal Department 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Dean •lorfida City Clerk Dear Sir or Madame: Re: Norman Puttick and The Greater Niagara Transit Commission Thank you for your letter of April 13, 2006. I wish to clear up any misconceptions that Mr. Puttick merely wishes to air his gripes. The reason I wish to address Council is that there appears to be no rules or procedures in place to outline the authority of the Commissioners and to enable them to ensure that the public money is being properly spent. We are requesting that Council make positive changes to enable Mr. Puttick to fulfill his commitment. As you are aware, we can always have recourse in the courts to compel the production of information. It is our intention to avoid court costs by attempting to resolve this matter through the proper forum, which in my view, is the function of City Council. I again reiterate that those persons who have a conflict should not take part in the Council decision. I am now requesting that the matter go to the May 8, 2006 Council meeting. Yours Guy Ungaro, LL.B. GLi /kt cc: Norman Puttick HI AG. FILLS CLERKS '06 0424 1442 Guy Ungaro, LL.B. Barrister Solicitor 3486 Portage Road, Suite 101, Niagara Falls, Ontario 1212K4 Tel.: (905) 357 -5310 Fax: (905) 357-9677 axmD 17 i, APR -21 -2006 10:14 MOUNTAINVIEW HOMES April 21, 2006 City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Dean Iortide Re: PD- 2006 -39, Draft Plan of Condominium 6350 Dorchester Road (former Dorchester Manor Nursing Home) Your File: 260 -11- 2006 -01 Please accept our request for the deferral of our hearing until the Council meeting of May 8` 2006 to allow us time to review the proposed conditions of our Draft Plan of Condominium Approval application. Should you have any questions or concerns please do not hesitate to contact the undersigned- Respectfully, Jon Whyte Development Coordinator Mountainview Construction MOUNTAINVIEW HOMES www. mountalnvlow.con, RECEIVED APR 21 2006 PLANNING DEVELOPMENT N.02 /U'2 3350 MOrrhtvlhe Highway, Unit 09. T6oro16. ON I-2V 4Y0 Tel: 905 -66o -9100 Ilex: 905- 6tl0-5624 L -mall• NOmec QeMeientalnvlew.mm TOTAL P.02 CITY OF NIAGARA FALLS By -law No. 2006 A by -law to authorize the execution of a Subdivision Agreement with Walker Community Development Corporation respecting Block 49 Neighbourhoods of St. Davids Subdivision. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Subdivision Agreement dated the 6' day of February, 2006 and made between Walker Community Development Corporation and The Corporation of the City of Niagara Falls with respect to the lands comprised of Part of Township Lots 16 and 25 Stamford being Block 49 on Registered Plan 59M -251, in the City of Niagara Falls, in the Regional Municipality of Niagara subject to the terms and conditions as described in the Subdivision Agreement, an excerpt of the first page attached as Appendix "A" and shown on the proposed Plan of Subdivision attached as Appendix `B" and providing for the payment by the Subdivider of Municipal Works Items as described in Schedule "C a copy of which Schedule is attached as Appendix "C" and further providing for the costs of development charges as described in Schedule "F" attached as Appendix "D" is hereby approved and authorized. 2. The acquisition by and acceptance of a conveyance or conveyances to The Corporation of the City of Niagara Falls of all required reserve blocks shown on the Plan of Subdivision and all required road widenings, easements and park lands described in Schedules "G" and "H copies of which Schedules are attached as Appendices "E" and "F" are hereby approved and authorized. 3. The Mayor and Clerk are hereby authorized to execute the said Subdivision Agreement, grants to The Corporation of the City of Niagara Falls of any easement required by it and such other conveyances, agreements and documents which the City Solicitor deems necessary to carry out the intent of this by -law and the said Subdivision Agreement and to permit registration of the proposed Plan of Development, and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Subdivision Agreement, grants of easements, conveyances and other agreements and documents. Passed this 24 day of April, 2006. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: April 24, 2006. April 24, 2006. April 24, 2006. THIS AGREEMENT made this 6 day of February, 2006 BETWEEN: Schedule page 5 WALKER COMMUNITY DEVELOPMENT CORPORATION Hereinafter called the "Subdivider and THE CORPORATION OF THE CITY OF NIAGARA FALLS, of the FIRST PART; Hereinafter called the "City", of the SECOND PART; WHEREAS the Subdivider has applied to The Corporation of the City of Niagara Falls pursuant to section 51 of the Planning Act, R.S.O. 1990, for approval of a plan of subdivision (hereinafter called "the Plan") attached hereto as Schedule "A" and entitled BLOCK 49 NIEGHBOURHOODS OF ST. DAVIDS SUBDIVISION, being lands comprising Part of Township Lots 16 and 25 formerly in the Township of Stamford being Block 49 on Registered Plan 59M -251, now in the City of Niagara Falls, and more particularly described in Schedule "B" attached hereto, hereinafter called "the lands AND WHEREAS in accordance with the conditions imposed by the City, the Subdivider is required to enter into this agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City's approval and acceptance of the said plan of subdivision, after compliance with all the requirements hereinafter set forth, of the roads and streets laid out as public highways on the said plan of subdivision and the mutual covenants and agreements to be observed and performed by each of the parties hereto, the Subdivider and the City hereby covenant and agree each with the other as follows: 0 w 0 0 Schedule A Block 49 Neighbourhoods of St. Davids Subdivision Schedule Page This is not a Plan of Survey WE Scale I:NTS K:OIS_Requests2006\ Schedules\ Subdivisimialock49 _st_davidAmapping.map January 2006 OM t X 0 w V O O y V L U N w s to p 2 0 3 ;a o a) RU oO cn r N o E 'a O h O L a1 to j 0 0 a cC o C 3 c u O y E co r O 0 O. m 0 L N 0 d A v u m0' d E C'-• Z O 1- W 8a FW 0 bs 4 in i o CO V1 In nr es EA- 69 8 0 a 0 0 0 a w N N g w c. o g v o O en 0 69 O 0 0 dna •V X 0 z w 0 to Of) a(3 c m U o Z h y O a. U C N N vi E J d o 0 o d VI 0 m Q E m W 0 V 0 C 0 (0 y v .0 Z b N w E Q) (n O O 0 G a) es U O cn w N O E 0 s L 0 .0 L Q) Z b 00 mS 0) E �m O o 0 0 rn o o 0 r 0 69 4 1 5 O 69 N 0 0 69 0 0 V 0 0 00 b 69 a (1) 00 e '99 as a to c a o o L. 0 E m d 6 z z U m E m N 3 111 0 O C 0 0 0 u Z Uto r y E H O 7 0 a+ o 'O O 0 a) co U co U G 4- O E O y b O CS f_ O 0 0 O 0 y CO it SD Z 0 y W Z 1 m 2 O so o O 0 m Ear 'z a 3 Nola 6 E F. 6 o M co N N M N a CO N O M c} OO M 69 foci 69 N N m a 2 i 5 N O q 0O 0 F V, x o i U 2 .0 N g Tst M O N 0 v 41) OD a a U G O in g U 0 C G O g '5' N i fi d C Y ti3 11 V M O W C O z IL Q) N y N U 0) 0 O 0 0 Z 0 .0 s a) 0 Z 0 0 0 0 w b F O z z A X 0 w 0 t Schedule Page Schedule "G" Neighbourhood of St. David's Subdivision Block 49 Cash in Lieu of Parkland Dedication: Parkland requirements satisfied through original subdivision plan (59M -251, Neighbourhood of St. David's). S\ I. SUNiwuW0oS337 Black 49NN4*cj ood of StD.vNflcbehjI,Gwptl elm Ld X 0 Z w 6 1 Schedule Page Schedule "H" Neighbourhood of St. David's Subdivision Block 49 Easements and Lands to be Deeded to the City of Niagara Falls: 1. Easements To be granted to the City within the lands of the subdivision through the part lot control process. S \I. Subtlir iomHWilll Block 49 Neishbo od ofS X 0 By -law No. 2006 -75 A by -law to authorize an agreement with Loblaw Properties Limited (Loblaw) and B.W. Nomineeco Inc. (Vincor) for an exchange of lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An agreement dated April 24, 2006 between the Corporation of the City of Niagara Falls and Loblaw Properties Limited (Loblaw) and B.W. Nomineeco Inc. Vincor), in the form attached hereto (the agreement), providing for an exchange of lands in connection with the reconstruction of Dorchester Road, in the vicinity of Dawson Street, in the City of Niagara Falls, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the agreement and the Clerk is hereby authorized to affix the corporate seal thereto and deliver the agreement. 3. The City Solicitor is hereby authorized to take all necessary steps to carry out the intent of this by -law. 4. This by -law will come into force when the agreement has been properly executed by Loblaw and Vincor. Passed this twenty -fourth day of April, 2006 C (T r ii4_ ‘SU DEAN IORFI A, JY CLERK R. TED SALCI, MAYOR First Reading: Second Reading: Third Reading: CITY OF NIAGARA FALLS April 24, 2006 April 24, 2006 April 24, 2006 THIS AGREEMENT made the 24th day of April, A.D. 2006 BETWEEN: The Corporation of the City of Niagara Falls Hereinafter called the "City and Loblaw Properties Limited Hereinafter referred to as "Loblaw" and B.W. Nomineeco Inc. Hereinafter referred to as "Vincor" of the FIRST PART; of the SECOND PART of the THIRD PART WHEREAS the City is the registered owner of the lands firstly and secondly described in Schedule "A attached hereto; and WHEREAS Loblaw is the registered owner of the lands thirdly described in Schedule "A attached hereto; and WHEREAS Vincor is the registered owner of the lands fourthly and fifthly described in Schedule "A attached hereto; and WHEREAS the parties wish to exchange lands as hereinafter set forth, subject to the terms of this agreement, for the purpose of facilitating the widening of parts of Dorchester Road in the City of Niagara Falls and the development of lands owned by Loblaw and Vincor. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the amounts referred to herein and the mutual terms and conditions set forth, the Parties agree as follows: 1. The Parties agree that the recitals in this agreement are true and accurate and shall form part of the agreement. 2. The lands affected by this agreement are described in Schedule "A attached hereto, and are hereinafter referred to as the "lands 3. The Parties agree to the following exchanges of lands: i. The City agrees to sell and Loblaw agrees to buy the lands firstly described in Schedule "A" for the sum of $57,833.76; and ii. The City agrees to sell and Vincor agrees to buy the lands secondly described in Schedule "A" for the amount of $37,139.13; and iii. Loblaw agrees to convey to the City at no charge the lands thirdly described in Schedule "A and iv. Vincor agrees to sell and the City agrees to buy the lands fourthly described in Schedule "A" for the amount of $149,915.57. v. Vincor agrees to convey to the City at no charge the lands fifthly described in Schedule "A 4. The following terms and conditions shall apply to each of the exchanges of lands described in paragraph 3 with the understanding that the term "Vendor" shall refer to the Party selling or conveying lands, as the case may be, and the term "Purchaser" refers to the Party buying or acquiring the lands, as the case may be: i. The Purchaser agrees to pay the Vendor the balance of the Purchase Price, by certified cheque, subject to the usual adjustments, on the closing of this transaction. ii. The Vendor agrees to obtain and register, on or before closing, valid discharge(s) of any existing mortgages, liens or encumbrances on the real property, at its own expense. iii. The Purchaser shall not call for the production of any title deeds, abstract, survey or evidence of title except such as are in the possession or control of the Vendor. The Vendor agrees that, if requested by the Purchaser, he will deliver any existing survey, in its possession or within its control, to the Purchaser as soon as possible and prior to the last day allowed by examining title. iv. The deed or transfer shall, save and except for the Land Transfer Tax Affidavit, which shall be prepared and completed by the Purchaser, be prepared in a registerable form by the Vendor. v. The Purchaser shall be allowed up to 10 days prior to the date of closing, to examine title to the property, at its own expense, and to satisfy itself that there are no outstanding work orders affecting the property. If within that time any valid objection to title is made in writing to the Vendor, or its Solicitor, which the Vendor shall be unable or unwilling to remove and which the Purchaser will not waive, the contract arising out of the acceptance of this Offer shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and all monies shall be returned by the Vendor without interest and it shall not be liable for any damages or costs. Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the real property. vi. This agreement shall be completed 30 days after the agreement is executed by all parties or sooner if mutually agreed upon. vii. Provided that the title to the property is good and free from all encumbrances except as aforesaid and except for any registered restrictions or covenants that run with the land providing that such are complied with and except for any minor easements to public utilities required for the supply of domestic utility services to the property. If within the time allowed for examining the title any valid objection to title, or to any outstanding work order, or to the fact the said present use may not lawfully be continued, is made in writing to the Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement, notwithstanding any immediate acts or negotiations in respect of such objections, shall be at an end and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of title, the Purchaser shall be conclusively deemed to have accepted the Vendor's title to the property. viii. On the closing of this transaction, the Vendor shall convey the said lands to the Purchaser by a good and sufficient deed thereof in fee simple, free and clear of all encumbrances, except as to any restrictions or covenants and except for any easements or unless otherwise provided herein and shall deliver vacant possession of the said lands to the Purchaser free of all tenancies. ix. Taxes, local improvements, water and assessment rates shall be apportioned and allowed to the date of completion (the day itself to be apportioned to the Purchaser). x. This agreement and its acceptance is to be read with all changes of gender or number required by the context. xi. Any tender of documents or money hereunder may be made upon the Vendor or Purchaser or their respective solicitors acting for either party from whom tender is desired on the day set for completion of the Agreement. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. xii. It is understood and agreed that Goods and Services Tax "GST shall be the sole responsibility of the Purchaser. In this context: (a) The Purchaser shall be registered under subdivision d of Division V of the Part IX of the Excise Tax Act (Canada) (the "Act for the collection and remittance of GST; (b) The Purchaser shall be liable, shall self- assess and remit to the appropriate governmental authority all GST which is payable under the Act in connection with the transfer of the Real Property made pursuant to the Agreement, all in accordance with the Act; (c) The Vendor shall not collect GST on Closing and shall allow the Purchaser to self- assess and remit GST to the Receiver General in accordance with the Act; (d) The Purchaser shall indemnify and save harmless the Vendor from and against any all GST, penalties, costs and /or interest which may become payable by or assessed against the Vendor as a result of any inaccuracy, misstatement or misrepresentation made by the Purchaser on the Closing Date in connection with any matter raised in this paragraph or contained in any declaration referred to herein; and (e) The Purchaser shall tender on closing a certificate and indemnity including verification of its registration number issued by Revenue Canada under the Act. xiii. Time shall in all respects be of the essence of this Agreement, which shall ensure to the benefit of and be binding upon the Parties hereto and their respective heirs, executors, administrators, successors and assigns. xiv. The Vendor covenants, represents and warrants to the Purchaser that the Vendor is not now and shall not on the Closing Date, be a non resident of Canada within the meaning ascribed thereto in the Income Tax Act (Canada)." xv. Any tender of documents (other than the Transfer /Deed of Land) or money hereunder may be made upon the Vendor or the Purchaser, or upon their respective solicitors on the Closing Date. If the electronic registration system (the "Teraview Electronic Registration System" or "TERS") is operative on a mandatory or optional basis in the applicable Land Titles Office in which the Real Property is registered, the following provisions shall prevail: (a) Each of the Purchaser and Vendor shall be obliged to retain a solicitor who is both an authorized TERS user and in good standing with the Law Society of Upper Canada, and who are hereby authorized by the parties hereto to enter into a document registration agreement in the form adopted by the Joint LSUC -CBAO Committee on Electronic Registration of Title Documents on September 19, 2000 or any successor version thereto (the "Document Registration Agreement" or "DRA together with the additional requirement that the registering solicitor shall also be obliged to provide the non- registering solicitor with a copy of the registration report printed by TEAS upon the registration thereof, within one (1) business day of the Closing Date. It is understood and agreed that the DRA shall outline or establish the procedures and timing for completing this transaction electronically and shall be executed by both the Vendor's solicitor and the Purchaser's solicitor and exchanged by courier or fax between such solicitors (such that each solicitor has a photocopy of telefaxed copy of the DRA duly executed by both solicitors) by no later than five (5) days before the Closing Date; (b) The delivery and exchange of documents, monies and keys to the Real Property and the release of them to the Vendor and Purchaser, as the case may be: (i) Shall not occur contemporaneously with the registration of the Transfer /Deed of Land; and (ii) Shall be governed by the DRA, pursuant to which the solicitor receiving any documents, keys and /or certified funds will be required to hold them in escrow, and will not be entitled to release them except in strict accordance with the provisions of the DRA. (c) Each of the parties hereto agrees that the delivery of any documents not intended for registration on title to the Real Property may be delivered to the other party's solicitor by fax transmission (or by a similar system reproducing the original), provided that all documents so transmitted have been duly and properly executed by the appropriate parties /signatories thereto. The party transmitting any such documents shall also deliver the originals of same to the recipient party's solicitor within two (2) business days after the Closing Date, if delivery of the originals has been so requested by the recipient party or by its solicitor. (d) Notwithstanding anything contained in this Agreement or in the DRA to the contrary, it is expressly understood and agreed by the parties hereto that an effective tender shall be deemed to have been validly made by either party (in this paragraph called the "Tendering Party upon the other party (in this paragraph called the "Receiving Party when the solicitor for the Tendering Party has: (i) Delivered all applicable closing documents, keys and funds to the Receiving Party's solicitor in accordance with the provisions of the DRA; (ii) Advised the solicitor for the Receiving Party, in writing, that the Tendering Party is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement; and (iii) Completed all steps required by TEAS to complete this transaction that can be performed or undertaken by the Tendering Party's solicitor without the cooperation or participation of the Receiving Party's solicitor, and specifically when the Tendering Party's solicitor has electronically "signed" the Transfer /Deed for completeness and granted "access" to the Receiving Party's solicitor (but without the Tendering Party's solicitor releasing them for registration by the Receiving Party's solicitor), without the necessity of personally attending upon the Receiving Party or the Receiving Party's solicitor with the documents, keys and /or funds, and without any requirements to have an independent witness evidencing the foregoing. IN WITNESS WHEREOF the parties have caused this agreement to be executed by affixing their corporate seals attested by the signature of their proper officers duly authorized in that behalf. Dated at the City of Niagara Falls, in the Regional Municipality of Niagara, this day of 2006 THE CORPORATION OF THE CITY OF NIAGARA FALLS R. Ted Salci, Mayor Dean Iorfida, City Clerk We have the authority to bind the corporation Loblaw Properties Limited Per Per We have the authority to bind the corporation B.W. Nomineeco Inc. Per Per We have the authority to bind the corporation Schedule "A" to an agreement dated the 24 day of April 2006 between the Corporation of the City of Niagara Falls, Loblaw Properties Limited and B.W. Nomineeco Inc. ALL and singular those certain parcels or tracts of land situate, lying and being in the City of Niagara Falls in the Regional Municipality of Niagara and more particularly described as follows: FIRSTLY (The City lands): Part 3 on Plan 59R -12990 SECONDLY (The City lands): Parts 1 and 2 on Plan 59R -12724 THIRDLY (Loblaw Holdings Limited lands): Parts 4 and 5 on Plan 59R -12990 FOURTHLY (B.W. Nomineeco lands): Parts 2 and 5 on Plan 59R -12953 FIFTHLY (B.W. Nomineeco lands) Part 3 on Plan 59R -12953