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2007/06/25
COUNCIL MEETING Monday, June 25, 2007 Order of Business and Agenda Package a PRAYER: Councillor Thomson COUNCIL MEETING June 25. 2007 ADOPTION OF MINUTES: Council Minutes of June 11, 2007 Millennium Scholarship Foundation Ontario Heritage Trust Awards DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS/ PRESENTATIONS Regional Niagara "Think and Drive" Safety Campaign Sergeant Todd McKinnon, from the Niagara Regional Police and Linda Beyer, from Niagara Region Public Health will make a presentation to introduce the upcoming region wide road safety campaign. Emily Gadula an A.N. Myer Secondary student and Marta Szatkowski, a Saint Paul High School student will be recognized for receiving the prestigious Millennium Scholarship Foundation Entrance Award. Awards will be presented to Frances Corfield for the Lieutenant Governor's Award, Sherman Zavitz for the Cultural Heritage Award for historical writing, Glennis Les Elliott, Mel Grunstein, John Harkness, Pat McRoberts, Barry Joan Martin, Janice Wing, Frances Corfield and, posthumously, Joan Beardmore and Jean Simons for the Friends of Lundy's Lane Battlefield Board from 1991 -2001, for their fundraising efforts for the Restoration of the Battle Ground Hotel Museum. 2 Internet Payment of Parking Tickets Staff will demonstrate the new internet payment option for parking tickets. -and- MW- 2007 -75 Internet Payment Launch Background Material: Recommendation Report PD- 2007 -46 PLANNING MATTERS PUBLIC MEETINGS Public Meeting 26T -96001 (Revised) 26T -11- 2006 -02, Warren Woods Plan of Subdivision Kalar Road (West Side), Between McLeod Road and Brown Road Owner: Warren Woods Land Corporation 617567 NB Inc. MISCELLANEOUS PLANNING MATTERS 1. Chief Administrative Officer PD- 2007 -44 Request to Extend the Historic Drummondville Community Improvement Project Area Boundary 5982 Culp Street 2. Chief Administrative Officer PD- 2007 -48, Application for Revitalization Program, RGP- 01/2006 for Joedy Burdett (Niagara Tinting) 3. Chief Administrative Officer PD- 2007 -47 PLC 03/2007, Request for Removal of Part Lot Control Lots 1 to 18 Lots 26 to 29 and Blocks 33 to 41, Registered Plan 59M -340, Silverstar Court Upper Canada Drive, Garner Village Subdivision; Applicant: Mountainview Homes 1. Chief Administrative Officer 2. Chief Administrative Officer 1. Chief Administrative Officer -3 ARENA MATTERS R- 2007 -17 4 Pad Arena Complex Project Update L- 2007 -19 Execution of an Agreement with Cytec Canada Inc. "Cytec and Falls Community Development Inc. "FCDI MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Canadian Forces Recruiting Request permission to fly a CF -18 Canadian Fighter aircraft for the Niagara Falls 2007 Canada Day celebrations. RECOMMENDATION: For the approval of Council. 2. Victoria Centre BIA Request to approve their 2007 Budget. RECOMMENDATION: For the approval of Council. 3. Fallsview BIA Request to approve their 2007 Budget. RECOMMENDATION: For the approval of Council. 4. Lundy's Lane BIA Request to approve their 2007 Budget. RECOMMENDATION: For the approval of Council Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS CLERKS MATTERS CD- 2007 -14 Granting of an Official Coat of Arms 4 RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" ACTIONS 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- 2007 -23 2006 Reserves and Reserve Funds F- 2007 -24 2006 Development Charges F- 2007 -25 2006 Capital Accounts F- 2007 -26 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 IS- 2007 -03 Trans Canada Agreement L- 2007 -27 Release of Easement, Part Township Lot 88, File No. 2007 -123 MW- 2007 -20 Hunter Street, Kitchener Street, Union Avenue, Victoria Avenue Parking Traffic By -law Update MW- 2007 -54 Amendment to By -law 89 -2000 Schedule 209.11 MW- 2007 -55 Stop Signs at Railway Crossings MW- 2007 -65 Consultant Appointment, Baldwin Avenue /Mulhern Street Watermain Replacement MW- 2007 -69 Policy Development Traffic Calming Review MW- 2007 -72 Tender #2007 -03 Asphalt Overlay Phase #2 MW- 2007 -73 Tender #2007 157-07 Don Murie Cul -De -Sac Construction 5 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2007 -127 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 2007 -128 A by -law to permanently close part of a highway (Grassy Brook and Crowland Roads) 2007 -129 A by -law to establish Part 1 on Reference Plan 59R -13413 as a public highway, to be known as and to form part of Buchanan Avenue 2007 -130 A by -law to amend By -law No. 79-200, being a by -law to permit the existing one family detached dwelling to be used as a cottage rental dwelling. (AM- 43/2006) 2007 -131 2007 -132 2007 -133 A by -law to designate Lots 1 to 18 (inclusive), Lots 26 to 29 (inclusive) and Blocks 33 to 41 (inclusive), Registered Plan 59M -340, not to be subject to part lot control (Garner Village) A by -law to authorize the execution of an Agreement with Cytec Canada Inc. and Falls Community Development Inc., respecting the donation of certain lands to the City to be used for the construction and development of a public arena and related facilities A by -law to amend by -law 2007 -112 being a by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2007 2007 -134 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25` day of June, 2007 NEW BUSINESS (5/15/2007) Anna Morocco Request to present at Municipal Council -June 25 -07 From: "Beyer, Linda" linda .beyer ©regional.niagara.on.ca> To: <diorfida ©niagarafalls.ca> Date: 5/15/2007 4:04 PM Subject: Request to present at Municipal Council -June 25 -07 Mr. lorfida, The Regional Niagara Road Safety Committee (RNRSC) have been given direction by John MacDonald and Karl Dren that a presentation to Municipal Council is the most appropriate way to introduce our upcoming region -wide road safety campaign to the Niagara Falls community. We would like to do a 10 minute PowerPoint presentation at Niagara Falls Municipal Council on Monday June 25th. Our Executive Committee is made up of representatives from CM Niagara (Bruno lafrate; Board Vice Chair), Niagara Regional Police Service (Chief Southall; Chief of Police), Niagara Region Public Health (Dr. Robin Williams; Medical Officer of Health) and Niagara Region Public Works (Joe Cousins; Director of Transportation Services). Our Working Committee is made up from representatives from each of these agencies. The presentation will be about the Niagara "Think and Drive" Road Safety Campaign. Please confirm this meeting date (June 25th) with me. I will be able to send you the names of those who will be doing the presentation within the next week or so, unless you would prefer to keep it as "Regional Niagara Road Safety Committee" on your agenda. Please let me know of any other details regarding the meeting, including equipment we may need to bring to support the PowerPoint presentation, set up times, etc. Thanks very much, Linda Beyer Health Promoter Chronic Disease Prevention Division Niagara Region Public Health Department 2201 St. David's Road, Campbell East Thorold, ON L2V 4T7 (545/2007) Anna Morocco Request to present at Municipal Council -June 25 -07 Page 2Y Tel: 905 688 -8248 ext. 7360 Toll free: 1- 888 505 -6074 linda .Beyer @regional.niagara.on.ca Mailing Address: Niagara Region Public Health Department P.O. Box 1052, Station Main Thorold, ON L2V 0A2 Building Community. Building Lives. The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. (6/7/2007) Anna Morocco Campaignback rounderwcontact May25- 07 doc P e Niagara Region Road Safety Campaign Backgrounder Make Niagara's Roads Safer The Niagara Region has one of the highest numbers of fatal and serious injury motor vehicle collisions per capita compared to other Ontario regions. The Regional Niagara Road Safety Committee (RNRSC) has determined that speed, driver error and impairment are the main causes of these serious collisions with most occurring on rural roads (58 The RNRSC, with representatives from CAA Niagara, Niagara Region Public Health Department (NRPHD), Niagara Region Public Works Department (NRPWD), and Niagara Regional Police Service (NRPS), was formed in 2003 to address Niagara road safety issues. The committee developed a five -year (2004 -2008) strategic plan to reduce fatal and serious injury motor vehicle collisions in Niagara by 10 The plan uses a comprehensive injury prevention approach to road safety that includes: education, enforcement, engineering and advocacy. The "Think and Drive" road safety campaign, targeted to drivers and road users, is one part of the overall RNRSC road safety strategy. The RNRSC piloted the "Think and Drive" road safety campaign in Niagara -on- the -Lake (NOTL) in 2006. Evaluation results showed that the campaign made respondents more aware of the road safety problem in Niagara, more knowledgeable about how they could improve road safety, and increased their intentions to change their driving attitudes and behaviours. The interest, support and participation of the NOTL community were integral to the campaign's success. The RNRSC is now expanding the "Think and Drive" road safety campaign across the Niagara region in 2007 -2008 based on the pilot project. Community partners are invited to get involved in the campaign to encourage road safety in their local communities. With the help of Regional and Municipal Councils and services, local media, business associations, employers, schools, community groups, individuals and other stakeholders to support, implement and promote the "Think and Drive" road safety campaign, we can all help make Niagara's roads safer by taking personal responsibility for road safety. For more information, please contact Linda Beyer; Chair, Regional Niagara Road Safety Committee at 905 688 -8248 ext. 7360 or linda.bever( regional.niagara.on.ca. (67/2007)_ Anna Morocco Fwd Re: Two Niagara Falls students win Millennium Scholarship Foundation Entrance AwardPage 1 From: Carey Campbell To: Dean Iorfida Date: 6/6/2007 1:28 PM Subject: Fwd: Re: Two Niagara Fails students win Millennium Scholarship Foundation Entrance Award Attachments: Re: Two Niagara Falls students win Millennium Scholarship Foundation Entran ce Award Dean, We received a request to make a presentation at Council to the two Niagara Falls student recipients of the "Milienium Scholarship Foundation Entrance Award." Please see correspondence attached. Can we please get a presentation to these two gals on the nearest Council agenda possible? Thank you. Carey Executive Assistant Office of the Mayor City of Niagara Falls 905 356 7521 x 4206 fax 905 374 3557 ccampbell @niaga rafalls.ca Anna Morocco Re: Two Niagara Falls students win Millennium Scholarship Foundation Entrance Award From: To: Date: Subject: CC: Attachments: Good Afternoon Ms. Campbell, Hope all is well and apologies for not getting back to you sooner. Our company is The Impact Group and we handle media relations for Canada Millennium Scholarship Foundation. If you would like further information about our company, please visit the website: www.impactg corn. I've also attached the National Press Release sent out by the foundation last week to give you a little backgrounder on the awards. Below are the names of winners and a brief biography about them: Emily Gadula A.N. Myer Secondary, Niagara Falls, ON (Local) Energetic and dedicated, Emily is proud to represent her community of Niagara Falls as co -chair of the Niagara Falls Mayor's Youth Advisory Committee. In this role, Emily has brought numerous benefits to the youth in her community. In an effort to increase student use of the transit system, Emily and the other members of the Youth Transit sub committee proposed that Niagara Transit hold "25 Cent Weeks" during student breaks. Due to the more affordable cost of public transit, student use increase a whopping 500% during these periods! A driving force behind the MYAC, Emily has rallied her team to provide assistance with a number of charitable programs such as Out of the Cold, which provides the less fortunate with warm meals during the long Canadian winter and has organized her school's annual Battle of the Bands and student art show for several years. Emily will certainly be a valued and respected leader in her future career in international relations. Marta Szatkowski Saint Paul High School, Niagara Falls, ON (Local) Voted as one of Ontario's top students by the U.S. magazine Next Step, Marta Szatkowski is definitely on her way to success. Hoping to be a diplomat, an immigration lawyer or a United Nations translator, Marta has a passion for travel, different cultures and foreign languages. In addition to maintaining an average of 90 per cent and over, Marta also finds time to volunteer for her school's newspaper and yearbook, to participate in the model United Nations, the math club and the pastoral team, to name but a few of her many activities. She also contributes greatly to her community, volunteering as a high school leader for Sparks Canada, where she works with girls aged five to six. Marta plays with the girls, helps them with various activities and acts as a positive role model in the hopes that they will also grow up to be active and constructive volunteers. Marta is also responsible for putting together a team of students for the Breast Cancer Run for the Cause and for involving her school in the nation -wide event "Lights out Canada," which encourages schools to put out their lights on a specific day to help fight global warming. Sincerely yours, Anton Anton Ajon The Impact Group 78 Sullivan Street Toronto, On M5T 1C1 Phone: (416) 481 -7070 ext. 33 Fax:(416)481 -7120 Email: anton@impactg.com www.impactg.com Carey Campbell wrote: Dear Anton, millennium <millennium @impactg.com> Carey Campbell <campbell @niagarafalls.ca> 5/28/2007 6:05 PM Re: Two Niagara Falls students win Millennium Scholarship Foundation Entrance Award Anton Ajon <anton @impactg.com> EA -07 National Press release_EN (JF) -3.pdf Page 1 of 3 file: /C: \Documents and Settings \am253 \Local Settings\ Temp \XPgrpwise14666B689Domai... 6/7/2007 Your email has been forwarded to me by Mayor Ted Salci. I was wondering if you would be so kind as to provide some more information that we might be able to respond to your request to honour millennium scholarship winners Please provide the names of the students being honoured and more information on the millennium scholarship foundation entrance award (ie. the criteria to be selected) The Mayor is happy to acknowledge the young scholarship recipients, but we would need some more information in order to bring them to Council to present them with a certificate Thank you, Carey Campbell Executive Assistant Office of the Mayor City of Niagara Falls 905 356 7521 x 4206 fax 905 374 3557 ccampbell @niagarafalls.ca Dear Mayor Salci, Sincerely yours, (416) 481 -7070 ext. 33 (416) 481 -7120 Janet Sandor Director of Communications 78 Sullivan Street Toronto, ON M5T 1C1 Canada (416) 481 -7070 ext. 25 (416) 481 -7120 The Impact Group of Companies: The Impact Group millennium <millennium @impactq.com> 5/28/2007 11:47 AM Two young people in your community were awarded a prestigious Millennium Scholarship Foundation Entrance Award. We will be coordinating media coverage of the winners across Ontario and will be issuing press releases in the coming days. If you would like to invite any of these exceptional young people to be honoured at one of your June Council meetings, we would be happy to provide your staff with the necessary information for sending invitations and printing laureates* names on a certificate or honour roll. In preparation, it would help us in our planning if you could let us know if you would like to pursue this plan, and if so, what dates you might consider honouring the laureates. We would also encourage you to congratulate these outstanding members of your community in your own publication. Anton Ajon Communications /Research Assistant 78 Sullivan Street Toronto, ON M5T 1C1 Canada Page 2 of 3 file: /C: \Documents and Settings \am253 \Local Settings\ Temp\XPgrpwise \4666B689Domai... 6/7/2007 Millennium Scholarships CANADA DLAR AT I #t Les bourses du millenaire For immediate release Canadians recognized for their role in making communities better Montreal, May 23, 2007 —The Canada Millennium Scholarship Foundation is proud to salute the 1,052 recipients of its 2007 millennium excellence awards (entrance). They were selected from some 9,600 applicants, in a nationwide competition, on the basis of their outstanding achievements in leadership, innovation, academic performance, and, moreover, community service. This year's entrance award laureates are uniquely accomplished in an almost endless variety of areas, and they include individuals who have developed a presentation on the environment for the 2006 World Urban Forum in Vancouver, led an international solidarity project from Quebec to Cuba and co- founded an Aboriginal Student Association to support the development of Aboriginal youth in their community. "An investment in the education of these outstanding citizens is an investment in the future of our society," said Norman Riddell, executive director and CEO of the Canada Millennium Scholarship Foundation. "These young, and sometimes not so young, individuals have already demonstrated their ability to change the world around them they know how to make a difference. The Foundation is pleased to recognize their past successes, but above all is proud to help them reach their future goals." There are three levels of entrance awards: National 100 awards of $5,000, renewable to a maximum of $20,000. Provincial/Territorial 241 awards of $4,000, renewable to a maximum of $16,000. Local 711 one -time awards of $4,000. Local and regional awards are distributed in each province and territory based on their share of the Canadian population, while national awards are allocated to the most exceptional applicants across the country, regardless of provincial and territorial quotas. Page 1 of 2 In British Columbia and the Yukon: Claire Monroe (604) 684 -6655 NATIONAL Public Relations In Alberta: Cory Huhn (403) 266 -4710 (ext 243): Fleishman Hillard In the Prairies, NWT, Nunavut: Kathy Hollands (306) 955 -4571 Hollands Communications In Ontario: Janet Sandor (416) 481 -7070 (ext. 25) The Impact Group In Quebec: Manon Gauthier /Caroline Martel (514) 845 -2257, Cohn Wolfe In Atlantic provinces: Carolyn Townsend (902) 722- 3206 Colour The regional breakdown for the 2007 entrance awards is as follows: Province/Territory British Columbia Saskatchewan Ontario New Brunswick Prince Edward Island Nunavut Yukon Total National Awards 17 2 39 3 1 100 Provincial Awards 31 8 89 6 2 1 Local Awards 93 23 268 18 4 1 of Canada's o ulation 13.02 3.26 38.02 2.43 0.45 0.09 1 241 1 711 0.10 100 Since 2000, the Foundation has delivered 800,000 bursaries and scholarships, worth $2.3 billion, to students across Canada. For a complete list of this year's laureates and more information about the Foundation and its programs, visit www.millenniumscholarships.ca. -30- Information: Gisela Belanger Communications Advisor Canada Millennium Scholarship Foundation (514) 284-7241 Page 2 of 2 (6 13 2007) Dean lorfida Re: Ontario Herita e Trust Awards to be iven at Council Pa e1 From: To: Date: Subject: Peggy Boyle Dean Iorfida 6/13/2007 12:35 PM Re: Ontario Heritage Trust Awards to be given at Council Dean: I have the nomination information which I will get to you. The award recipients are: Frances Corfleld, Lieutenant Governor's Award; Sherman Zavltz, Cultural Heritage Award for historical writing; Friends of Lundy's Lane Battlefield Board from 1999 -2001 (group of 9 individuals) who fund raised for the Restoration of the Battle Ground Hotel Museum. Glennis Les Elliott, Mel Grunstein, John Harkness; Pat McRoberts; Barry Joan Martin, Janice Wing and Frances Corfield. 2 other members have since passed away (Joan Beardmore Jean Simons) If you need anything else, please let me know. Peggy Dean Iorfida 6/13/2007 12:19 PM Peggy: We will definitely go on June 25th so you can advise the Province of that. Who are the people that will be honoured re: the Battle Ground Museum. Also, it would be helpful if someone could provide me with a background blurb on why the recipients qualified and received the award. Thanks Dean Peggy Boyle 6/13/2007 11:53 AM If you recall I let you know that these awards were to be given out at Council on Monday June 25th. The Ontario Heritage Trust has asked that they be Informed when we plan to give out the awards so that they might send someone to be present. I have contacted Kathryn Dixon of the Ontario Heritage Trust and will wait to hear back from her if someone will be attending. I thought I would let you know of that possibility and will confirm with you when I hear for certain that someone will be attending. Peggy Parking Ticket Value Pay Pal Fee Convenience Fee Difference 10.00 0.94 $1.50 0.56 15.00 1.13 $1.50 0.37 20.00 1.33 $1.50 0.17 40.00 2.11 $1.50 0.61) 75.00 3.48 $1.50 1.98) $300.00 $12.25 $1.50 ($10.75) June 25, 2007 MW- 2007 -75 His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Niagaraflalls CANADA Members: Re: MW- 2007 -75 Internet Payment Parking Tickets RECOMMENDATION: That the following report be received for the information of Council. BACKGROUND: Last summer, new software was implemented to administrate parking ticket infractions and parking permits. The final step in the implementation process is to accept on line parking ticket payments. Staff receive many requests regarding internet payments. This new process will not only expedite payment processes, but will provide better service to the public. As of June 26, 2007 the City of Niagara Falls will be able to accept parking ticket payments on line directly from our web site. There will be a $1.50 convenience fee for each payment transaction. This fee will go directly to cover costs through Paypal, the service provider. PayPal will charge the municipality 3.9% on the dollar value of each transaction as well as a flat rate of .55 per transaction. For example: Working Together to Serve Our Community 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Community Services Department Municipal Works June 25, 2007 2 Currently the majority of tickets paid are at the $15.00 $20.00 level. Staff will review the $1.50 convenience fees after 3 months to determine if it should be adjusted to cover lower or higher municipal costs. Recommended by: Approved by: MW- 2007 -75 Karl Dre n Direc, Ed Dujlovic, Eutive Director of Community Services Respectfully submitted John MacDonald, Chief Administrative Officer S. VVheeler S:1TPSITPS 1.00 Administration\TPS 1.06 Reporta12007 Councill06 June 25 MW- 2007 -75 Internet Parking Ticket Payment Launch.wpd June 25, 2007 PD- 2007 -46 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagara falls CANADA Re: PD- 2007 -46 26T -96001 (Revised) 26T -11- 2006 -02, Public Meeting Warren Woods Draft Plan of Subdivision Kalar Road (West Side), Between McLeod Road and Brown Road Owner: Warren Woods Land Corporation 617567 NB Inc. RECOMMENDATION: That Council consider input received at the Public Meeting and refer all matters to staff for review of the Warren Woods Draft Plan of Subdivision. BACKGROUND: The purpose of this Public Meeting is to receive information and provide an opportunity for the public to comment on the proposed subdivision. Planning Development will consider all comments received from the public, Region, agencies and City divisions and prepare a recommendation report to Council at a future meeting. Notice of the Public Meeting was given in accordance with the requirements of the Planning Act. The applicant has been invited to attend this Public Meeting to provide an overview of the subdivision proposal and answer any questions. No decision is to be made with respect to approval of the subdivision at tonight's meeting. Proposal The applicant proposes to develop a 17.235 hectare (42.59 acre) site for a residential plan of subdivision containing a mix of dwelling types and a total of 297 units. The property is located on the west side of Kalar Road, between McLeod Road and Brown Road (see Schedule 1). The east portion of the subject land was granted draft plan approval with detailed conditions in 1998 and is proposed to be modified (File 26T -96001 Revised). The west section of the subject land was also draft approved in conceptual form at the same time, subject to further review and conditions. A new subdivision application has been submitted (File 26T -11- 2006 -0 for the west section of the subject land to implement the earlier approval. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development June 25, 2007 2 PD- 2007 -46 Schedule 2 illustrates the submitted subdivision layout. The street pattern includes connections to Kalar Road and to the abutting land to the north for future development (a possible street extension to the south is also provided). The plan proposes 153 lots for single- detached dwellings, 15 lots for semi detached dwellings (30 units), 22 blocks of land for 114 on- street townhouse dwelling units and blocks of land for a park, walkway /open space and a watercourse channel. A temporary stormwater management area is proposed at the south limit of the plan. There is a temporary emergency access located in the northeast area of the plan through additional land to the north owned by the applicant. The City's Official Plan designates the majority of the property Residential which permits a variety of housing types. The floodplains of existing watercourses on the site are designated Environmental Protection Area in the Official Plan. The east portion of the site is currently zoned Residential Single Family 1D Density (R1 D), Residential Single Family 1F Density (R1 F), Residential Mixed (R3) and Hazard Land (HL) through Zoning By -law No. 79 -200. These zoning categories correspond to the existing draft approved subdivision. The west section of the subject land is zoned Development Holding (DH) also through Zoning By -law No. 79 -200. This zoning needs to be changed to accommodate the submitted development. The related zoning by -law amendment application (AM- 42/2006) will be subject to a Public Meeting at a later date when proposed zoning standards have been determined. Additional land of the applicant is located to the south and shown on Schedule 1. A large scale mixed use development is proposed on this land. The applicant has submitted an Official Plan amendment application (File AM- 31/2005) to change the designation of this land from Industrial and Environmental Protection Area to Residential and Environmental Protection Area. This Official Plan amendment proposal will be subject to a future Public Meeting. The submitted draft plan of subdivision is intended to function independently at this point but allow options for integration with the land to the south if the Official Plan is amended to permit residential development. Preliminary Review Based on a preliminary staff review, the following outlines some of the issues for consideration in the future decision on the proposed subdivision: The Warren Creek Environmental Assessment (EA) is nearing the final stages regarding recommendations for the realignment of the creek and stormwater management design for the area. The subdivision layout includes a drainage channel and reflects the EA recommendations anticipated by the applicant. The existing 1998 draft approved plan needs to be revised to address current environmental requirements. In addition, the applicant wishes to revise and expand the subdivision to meet with their overall housing and design concept for the area. Mitigation measures with respect to the surrounding existing industrial uses and designated land must be incorporated in the subdivision design and possibly including warning clauses. The applicant has recently submitted a rezoning application (AM- 19/2007) for a multiple residential use on their abutting land to the north occupied by a legal non conforming automotive recycling operation. June 25, 2007 3 PD- 2007 -46 CONCLUSION: The Public Meeting is an important part of the consultation and input process in the review of development applications. This meeting satisfies the requirements of the Planning Act. Comments received will be considered in preparing the recommendation report on the proposed subdivision. Recommended by: Approved by: Respectfully submitted R.Wilson:gd Attach. A detailed design and architectural package for the subdivision and broader proposed community has been submitted for staff review. The zoning by -law standards for built form and appropriate zoning categories are to be determined. Doug Darbyson, Director of Planning Development S:1PDR120071PD- 2007 -48, Warren Woods Draft Plan of Subdivision.wpd Ed Dujlovic, Execu ve Director of Community Services John MacDonald, Chief Administrative Officer Proposed Modifications Proposed Plan of Subdivision Warren Woods 26T -96001 (Revised) 26T -11- 2006 -02 Subject Land K: GIS Requests\ 2007\ Schedules\ Subdro fsIon \WarrenWoods \WarrenWaods.map SCHEDULE 1 Location Map w inaaieri® ADDITIONAL LAND OF APPLICANT (FUTURE PHASE) ADDMONAL LAND OF APPLICANT ADDITIONAL LAND OF APPLICANT ;Y 111 nuati∎? iUIflIflIllIll����.m.... E Scale 1:NTS June 2007 SCHEDULE 2 z 0 PI IIt m (yam Ail! ti'li 1 1 1 1 June 25, 2007 PD- 2007 -44 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraf1alls CANADA Re: PD- 2007 -44 Request to Extend the Historic Drummondville Community Improvement Project Area Boundary 5982 Culp Street RECOMMENDATION: That Council not support the extension of the Historic Drummondville CIP Boundary. BACKGROUND: At the April 30, 2007 Council Meeting, Councillor Wing presented an e-mail that was referred to staff concerning City and Regional development charges that would apply to a potential bed and breakfast operation in close proximity to the Historic Drummondville CIP project boundary. The property (5982 Culp Street) contains a large attractive older Victorian style home that the owner intends to convert into a bed and breakfast operation within the next couple of years. Appendix I of this report provides a location map of the property. The purpose of community improvement plans is to assist those areas that have experienced economic decline. The focus of such plans is on commercial areas where there are vacant and poorly maintained stores or lower order commercial uses. Financial incentive programs within CIP areas encourage improvements to buildings and store fronts, as well as, new residential development in vacant space above stores. In regard to development charges, the Historic Drummondville CIP does exempt commercial type uses which include bed and breakfast operations from 75% of the required City and Regional development charge. The development charge is calculated on the amount of floor space used in association with the bed and breakfast and a total City and Regional development charge would likely be in the order of $8,000. The question was raised as to whether or not the CIP boundary could be extended to include the subject property. When the Historic Drummondville CIP was being prepared a couple of years ago, the consultant and City staff conducted an extensive evaluation to determine the most appropriate CIP Project Boundary. A detailed inspection of the residential area west of Main Street along Culp Stree carried out It was determined that the homes within this area were in relatively `ysical condition and appearance. Therefore, it was not 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development June 25, 2007 2 PD- 2007 -44 recommended that this residential area be included in the CIP project area. Contact has been made with the Culp Street property owner and he has been advised of the rationale behind determining the CIP boundary for Historical Drummondville. It is the opinion of staff that it would be difficult to justify an extension of the CIP boundary to include the subject Culp Street property. If a boundary expansion is entertained, it would involve a planning process similar to what is carried out for an official plan amendment with a required notice in the newspaper, circulation to agencies, holding of a public meeting, preparation of a report and amending documents. A boundary change in this case could also set a precedent where other property owners may wish the CIP boundary changed to include their property. The Council has approved limited funds for the revitalization of Historic Drummondville and those funds should be directed to assist properties within the current CIP area. There has been considerable interest in the incentive programs since the CIP was approved and it is expected that the Council approved funding for 2007 will be fully allocated over the next few months. This interest has occurred without the establishment of an active marketing or promotional program. The process for establishing the CIP Project Boundary was similar to one carried out for the Downtown CIP in which the residential areas along Zimmerman Avenue and Huron Street, which include bed and breakfast operations, were not included in the CIP Project Boundary. In the past, the City has entertained requests to exempt new development from development charges. Such requests can no longer be entertained as a result of changes to the Development Charges Act. The owner of 5987 Culp Street also owns 6161 Main Street which is being renovated for bed and breakfast use. This property on Main Street is located within the Historic Drummondville CIP Project Boundary. The owner has applied for and is eligible for assistance under the Commercial Building and Facade Improvement Program. The owner will also be eligible for 75% exemption to the City and Regional development charge for the Main Street property. CONCLUSION: Based upon the good condition of residential homes in the Culp Street area, staff cannot support the extension of the CIP project area boundary to include the subject Culp Street property. Recommended by: Approved by: Respectfully submitted: B.Bolibruck:tc Attachment S:1PDR120071PD- 2007 -44 Development Charge Exemption Inquiry.wpd Doug Darbyson, Di p for of Planning Development Ed Dujlov xec Director of Community Services o•( John MacDonald, Chief Administrative Officer APPENDIX I Location Map 5982 Culp Street lingl11110111111111171Pmm niiiiiiiiiiiii I■Jillatillitiliiiiiiii witintIllt sitoittivisill 5982 Culp Street Historic Drummondville Community Improvement Project Area KAGIS_RequestA20060storAIntemaNftnInglanistorle_Drummondville.map June 25, 2007 PD -2007- 48 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagara,1alls CANADA Re: PD -2007- 48 Application for Revitalization Grant Program Downtown CIP RGP- 0112006 for Joedy Burdett (Niagara Tinting) 1. That City Council approve the application for a Revitalization Grant subject to the application meeting the program requirements including the entering into an agreement with the City. 2. That the Mayor and Clerk be authorized to execute the Revitalization Grant Agreement, attached as Appendix II to this report. The City received an application for a Revitalization Grant last year from Joedy Burdett for a property located at 4480 Bridge Street which is within the Downtown Community Improvement Project Area. Mr. Burdett wishes to construct a multi level addition (approximately 37 feet) to an existing single storey building that contains an automobile tinting operation. The proposed development is for residential use and the tinting operation will continue to operate on the existing floor. The rear accessory building will be used for storage in association with the tinting operation. A survey plan of the property is attached as Appendix I. This application was received in September of 2006. There were a few matters that needed to be resolved including satisfying the zoning requirements of City Zoning By -law 79 -200. The applicant recently received approval from the City's Committee of Adjustment for relief for an .increase in building height and floor area. The size of the proposed addition is quite large. If the building is converted to multiple family in the future, the owner will be required to satisfy the City's parking requirements for such a use. The current property has wooden scaffolding around the existing building. It is hopeful that with the approval of the Revitalization Grant and satisfying other requirements, such as a required site plan control and building permit, that construction will commence within the next couple of months. Th .toposed development will help improve the overall appearance of the prope a estimated cost of the redevelopment is more than $111,000.00 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Planning Development June 25, 2007 2 PD- 2007 -48 A revitalization grant is intended to reduce the large tax increase that can result when a property is redeveloped in the downtown area. Only those projects that result in an increase in property assessment and property taxes will be eligible for funding under this program. All improvements made to buildings and properties will require a building permit and be constructed in accordance with the Ontario Building Code. If the application is approved, the Grant Agreement will be executed and registered on title. With an approved site plan and building permit, construction of the works could then commence. Once the reconstruction is complete and property revalued by the Municipal Property Assessment Corporation (MPAC), the City staff will calculate the grant amount. The applicant is required to pay the revised property tax the first year and the grant will be issued in subsequent years. CONCLUSION: The Revitalization Grant for the subject property will assist in the redevelopment and improve the appearance of the site. Based upon the above, it is recommended that the Revitalization Grant Application be approved. Recommended by: Approved by: Respectfully submitted: BBolibruck:tc Attachment Doug Darbyson, Director of Planning Development Ed Dujlovic, Executive Director of Community Services S:1PDR120071PD- 2007 -48, Downtown Revitalization Grant Burdette.wpd J. John MacDonald, Chief Administrative Officer LOT Rq.6 LOT REGIONAL ROAD NO.-43 (BY BY-LAW NO. 2804 -81 ORDER -IN- COUNCIL O.C. 1643/82) Bridge (AS SHOWN ON PUN 999 1000) Street PIN 64327 -0015 I N87o1011 p1.r..N. eN.Rg W DOW 64 326 -0040 1 1 41.47 1 (M I867e N...} 1+a a•.O E deserlbcd '13 Ne 510827) 3. ROE OD ON WIDE Dent. aIM ON MU bum PIN 643284012(R INST. 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RA Nab 18:02 1100 605114181 l OMd 3* 4Mahn, MGR 127 316 Ras 1111628133D C Pecked A.N. 35892 [F7e 2002 -170 Revitalization Grant Agreement JOEDY BURDETT (hereinafter referred to as the "Owner APPENDIX II BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as the "City and WHEREAS the Owner is the registered Owner of the lands described in Schedule "A" attached to this Agreement "the Subject Lands which are situated within the Downtown Community Improvement Project Area and has applied to the City for a Revitalization Grant "Grant under the City's Revitalization Grant Program "Program and the City has agreed to make such a Grant pursuant to Section 28 of the Planning Act and under By -law No. 2004 -224; AND WHEREAS as a condition of approval of such a Grant, the Owner is required by the City to enter into this Agreement; NOW THEREFORE IN CONSIDERATION of the City making this Grant in the maximum amount of $11,521.87 to the Owner, the Owner and the City hereby agree as follows: 1 INFORMATION ON SUBJECT LANDS 1.1 The Grant shall apply to the subject lands as set out in Schedule A attached. 1.2 The subject lands are not designated under the Ontario Heritage Act. 2 GRANT ELIGIBILITY 2.1 To be eligible for the Grant, the subject lands with proposed rehabilitation works, improvements, construction, developments or redevelopments (hereinafter referred to as "rehabilitation shall have such rehabilitation conform to and fulfill: a) the objectives and Program requirements of the Revitalization Grant Program and the Downtown Niagara Falls Community Improvement Plan "CIP b) City policies and procedures for the Identification Remediation of Potentially Contaminated Sites under the Planning Act Application Review Process; and, c) any other requirements as specified by the City. 1 2.2 The Owner acknowledges that it has received and read a copy of the City's Revitalization Grant Program Guide (the "Guide and the City's CIP, and the Owner covenants with the City that the subject lands shall be rehabilitated and the Grant provided for in this Agreement shall be applied in accordance with the City' s objectives, policies and program requirements set out in the Guide and the CIP. 3 GRANT CALCULATION 3.1 Definitions: "Pre- project assessed value" the assessed value of the subject lands as determined by the Municipal Property Assessment Corporation "MPAC the day before rehabilitation works commence. "Post- project assessed value" the assessed value of the subject lands as determined by the MPAC when the rehabilitation works are complete. "City pre project property taxes" City of Niagara Falls property taxes the day before rehabilitation works commence. "Regional pre- project property taxes" Regional Municipality of Niagara property taxes the day before rehabilitation works commence. "Municipal pre- project property taxes" the total of Regional and City of Niagara Falls property taxes the day before rehabilitation works continence. "City post- project property taxes" City ofNiagara Falls property taxes based on the assessed value of the subject lands as determined by the MPAC when the rehabilitation works are complete. "Regional post project property taxes" Regional Municipality of Niagara property taxes based on the assessed value of the subject lands as determined by the MPAC when the rehabilitation works are complete. "Municipal post- project property taxes" the total of Regional and City of Niagara Falls property taxes based on the assessed value of the subject lands as determined by the MPAC when the rehabilitation works are complete. 3.2 The annual Grant will be equivalent to 80% of the increase in municipal property taxes in years 1 to 5 after the rehabilitation is complete, 60% in years 6 and 7, 40% in year 8, and 20% in years 9 and 10. Grant payments will cease on the earlier of: a) the date when the total of all annual Grant payments equals the total costs of rehabilitation of the subject lands; or b) 10 years after the date of completion of the rehabilitation of the subject lands. 2 Year (N) (1) Grant Factor (2) Municipal post- project property taxes in Year N Municipal pre project property taxes Grant (2 *3) 1 80% 1,920.31 1,536.25 2 80% 1,920.31 1,536.25 3 80% 1,920.31 1,536.25 4 80% 1,920.31 1,536.25 5 80% 1,920.31 1,536.25 6 60% 1,920.31 1,152.19 7 60% 1,920.31 1,152.19 8 40% 1,920.31 768.12 9 20% 1,920.31 384.06 10 20% 1,920.31 384.06 3.3 The amount of the grant payments is calculated according to the formulas set out below. Some of the figures set out below are estimates only. The actual grant payment amounts will be based on the actual post project assessed value (AV) as determined by the MPAC: Estimated Cost of Rehabilitation Pre- project AV: Municipal Pre project property taxes: (as shown below) 111,256.00 87,000.00 2,080.58 Date: January 1, 2005 CVA City pre project property taxes (Pre project AV City Tax Rate) Clawback/ -Cap other charges Regional pre project property taxes (Pre- project AV Regional Tax Rate) Clawback/- Cap other charges Municipal pre project property taxes City pre project property taxes Regional pre project property taxes Post project AV (estimated) 175,000.00 Date: June 13, 2007 Post project AV (actual provided by MPAC) Date: Calculation of Estimated Initial Grant "Initial Grant" (Estimated Municipal post project property taxes Municipal pre project property taxes) *0.80 Actual "Initial Grant" after property has been revalued by MPAC, a new or supplemental property tax bill has been issued, and property taxes have been paid in full (Actual Municipal post project property taxes Municipal pre project property taxes) *0.80 GRANT CALCULATION SCHEDULE Please note: Actual Grant amount to be determined by MPAC based on assessment values resulting from the project completion. This chart is an estimate and is not binding on the City of Niagara Falls. 06/13/07 3 3.4 The total value of the sum of the annual Grant payments that may be provided under the Revitalization Grant Program shall not exceed the total costs of rehabilitation that have been accepted by the City, which costs are estimated, as of the date of this agreement, at $111,256.00. 3.5 Where the actual costs of rehabilitation are, in the opinion of the City, less than the estimated costs of rehabilitation ($111,256.00), the maximum permitted amount of the total annual grant payments shall be reduced. 3.6 Where at any time after the original rehabilitation of the subject lands, new construction is added to the subject lands that is not part of the original Program Application, the Grant payment will be calculated only in respect ofthe original rehabilitation contained in the original application, based on the property taxes levied in the last year before revaluation by MPAC as a result of the new construction added to the subject lands. 3.7 The annual Grant payment shall be calculated by the City based upon, and provided the City is satisfied in its discretion that: a) rehabilitation of the property was completed and took place in accordance with the proposed rehabilitation as specified in the Program Application and this Agreement; b) there was and remains during each year of the Grant payment, an increase in net municipal property taxes as a result of an increase in the assessed value attributable to the completion of the rehabilitation; c) annual Grant payments after the first Grant payment are adjusted downwards in the event the tax increase in any subsequent year has been reduced. 3.8 The estimated Grant payments calculated as set out in Paragraph 3.3 above in this Agreement are based on preliminary estimates of post project assessed value and post project tax rates. Accordingly, the amount of the Grant program shall be recalculated by the municipality based on actual value as determined by MPAC and actual post project tax rates prior to payment of the Grant. 4 GRANT PAYMENT 4.1 The City shall review all cost estimates submitted in support of the Application in evaluating the estimated rehabilitation costs eligible for the Grant, which costs, when designated by the City shall constitute the maximum amount of the total grant payments to be paid out over a maximum of 10 years. In the event the City is not satisfied with said cost estimates, the City may substitute their opinion of such amounts for purposes of calculating the eligible rehabilitation costs for the Grant. If the City is not in receipt of sufficient information satisfactory to the City to determine rehabilitation costs and the amount of the Grant, the application will not be processed and the application file will be closed. The decision of the City regarding the total amount of rehabilitation costs, the calculation of the total estimated maximum Grant and the calculation of the actual Grant payments is final, absolute and within the City's sole descretion. 4.2 The Grant is not payable by the City until such time as additional assessment eligible for a Grant has been added to the assessment roll by the MPAC, all taxes eligible for a grant have been billed by the City, and taxes have been paid in full for at least one year by the Owner. The 4 Grant will not be issued if there is an outstanding tax payment. If at any time after the execution of this Agreement, property taxes are owing on a property for more than one full year, the City will have the option, upon notice to the Applicant, and at its sole discretion, to terminate all future grant payments. 4.3 The Grant is not payable by the City, until such time as all assessment appeals relating to the value of the subject lands before the additional assessment or as to the additional assessment have been filed and finally determined. 4.4 The Owner shall not commence any works that are the subject of a Grant Application prior to receiving approval of the Grant Application and execution and registration on title of this Agreement. 4.5 In the event that construction and completion of the rehabilitation in the original Program Application is not commenced within five (5) years and completed within seven (7) years of the signing of this agreement, this Grant approval shall be at an end, no Grant payments shall be paid to the Owner, and this Agreement shall be terminated. The City's decision as to when such rehabilitation is commenced and completed is final and absolute. 4.6 Annual grant payments are not payable by the City until each of the following conditions are fulfilled in a manner satisfactory to the City: a) this Grant Agreement has been signed, executed and registered on title; b) the Owner has satisfied the City that the rehabilitation of the subject property has been fully completed; c) the Owner has supplied the City with evidence satisfactory to the City as to the amount of rehabilitation costs incurred by the Owner; d) the Owner has satisfied the City that the total rehabilitation costs incurred have been paid in full and that there are no liens, claims or litigation in respect of the Owner's obligation to pay these costs; e) the Owner has satisfied the City that there are no outstanding work orders and/or orders or requests to comply from any City or Regional department or other regulatory authority in respect of the redevelopment, the property and the business of the Owner conducted on the subject lands; f) the Owner has satisfied the City that as of the date of the proposed first Grant payment, the Owner, its rehabilitation project and property are in full compliance with: i) any agreement(s) relating to the property in favour of the City or Region, including any Agreement relating to: subdivision, modified subdivision, service, site plan approval, encroachment, joint sewer and water use, easement or other Agreement; and, ii) by -laws of the City, Region, provincial or federal legislation and their regulations. g) the Owner has satisfied the City that the post project assessed value of the subject property has increased as a result of the said rehabilitation; h) the Owner or the City has not appealed the post- project assessed value and there exists no other pending appeal which has not been settled completely in respect of the post project assessed value; 5 i) the Owner has satisfied the City that the property taxes for the year during which property taxes were calculated pursuant to the said increased assessment and for each of the preceding years, have been paid in full, have not been deferred and there are, at the time of payment of the annual Grant, no instalments of property taxes for the current year remaining to be invoiced and paid; j) the Owner has satisfied the City that the Owner, as of the date of the proposed Grant payment, has paid in full and not deferred all other charges (where applicable) against the property in favour of the City or the Region, including but not limited to: Development Charges, parkland dedication fees, special assessments, building permit fees and local improvement charges. 5 CORPORATE STATUS 5.1 The Owner warrants and represents to the City that: a) the Owner has been duly incorporated as a corporation and is in good standing under the Business Corporations Act and is in compliance with all laws that may affect it and will remain so throughout the term of this Agreement; b) the Owner has the corporate capacity to enter into this Agreement and to perform and meet any and all duties, liabilities and obligations as may be required of it under this Agreement; c) the Owner is a resident of Canada as of the date of this Agreement and that in the event the Owner ceases to be a resident of Canada, the Owner shall immediately notify the City, and it is agreed, the City may deduct for any or all annual Grant payments, such sum(s) as may be required by the Canada Customs and Revenue Agency in order to meet the City's obligations as a payor and the Owner's obligations under the Income Tax Act (Canada) and other applicable laws; d) to the best of its knowledge and belief, there are no actions, suits or proceedings pending or threatened against or adversely affecting the Owner in any court or before or by any federal, provincial, municipal or other governmental department, commission, board, bureau or agency, Canadian or foreign, which might materially affect the financial condition of the Owner or title to the subject lands or assets; e) the Owner shall notify the City immediately of any material change in the conditions set out in paragraphs (a) -(d) above. 6 PROVISIONS RELATING TO THE OWNER 6.1 At the time of application for the Program, the Owner shall have submitted to the City for its review and acceptance, the Owner's plans for the rehabilitation and supporting documentation, including the Owner's proposed residential and non residential uses for the redevelopment. 6.2 The Owner will complete all eligible works as specified in the approved Grant application, and in documentation submitted in support of the Grant application, including but not limited to the architectural/design drawings, specifications, contracts and cost estimates. As the City is relying upon this information, if the information in this Agreement, the associated application, and/or any supporting documentation submitted to the City is, in the opinion of the City, incomplete, false, inaccurate or misleading, the Grant may be reduced and/or delayed, and/or cancelled, and where part or all of the Grant has already been paid by the City, such payments shall be repaid by the Owner as required by the City. 6 6.3 Upon request, the Owner shall supply to the satisfaction of the City prior to issuance of any and all grant payments, environmental reports and documentation showing that the subject lands have been remediated to the appropriate levels for the proposed use. This includes, where required by the City, proof of acknowledgement of a signed Record of Site Condition (RSC). by the Ministry of Environment (MOE) for the subject lands. 6.4 The Owner shall not commence any works that are the subject of a Grant Application prior to receiving approval of the Grant Application, approval of this Agreement, and execution and registration on title of this Agreement. 6.5 The Owner agrees that the rehabilitation shall be made in compliance with all required Building Permits, and constructed in accordance with the Ontario Building Code and all applicable zoning by -law requirements, municipal requirements and other approvals required at law. 6.6 The Owner agrees and covenants to the City that if the building(s) and improvements that are the subject of this Agreement are demolished, in whole or in part, or any of the heritage features of the property are altered in any way that would compromise the reasons for designation, prior to the expiration of the term of this Agreement, all subsequent Grant payments shall cease, and all Grant payments already paid by the City to the Owner shall be repaid to the City. 6.7 Upon completion of the project, the Owner shall provide the City with documentation satisfactory to the City as to the amount of the actual costs of rehabilitation incurred by the Owner and the City shall, in its discretion designate this cost as the total maximum amount of the Grant. 6.8 The Owner will provide to the City, upon request, a rehabilitation status report signed by the Owner to confurn the status and completion of the approved rehabilitation; a detailed progress report of the status of the rehabilitation, including, but not limited to, the rehabilitation schedule, the existence and extent of any faults or defects, the value of the work done under any contract, the amount owing to any contractor and the amounts paid or retained by the Owners on any contract. 6.9 The Owner shall ensure there are no liens or other claims outstanding in respect of the subject lands, including its redevelopment, and all accounts for work and materials which could give rise to any claim for a construction lien against the subject lands have been paid. 6.10 The Owner shall ensure that they are in compliance with the Construction Lien Act, including its holdback provisions and is not aware of any potential or unresolved Lien claim in respect of the redevelopment. 6.11 The Owner agrees to comply with all outstanding work orders and/or orders or requests to comply from any and all City departments prior to or as a condition of Grant approval. 6.12 The Owner shall ensure that the property is maintained in its rehabilitated condition during the term of the Grant. 7 6.13 The Owner covenants to the City that where the ownership of part or all of the subject lands ceases for any reason to be in the Owner's name by sale, assignment or otherwise, prior to the advance of all of the Grant payments, the Owner will notify the City in writing of said pending ownership change at least 30 days prior to the ownership change taking place. 6.14 If ownership of the subject lands does not change, the Owner may assign the Grant approved under this Agreement to an assignee, provided that the Owner is not in default of any of the terms and conditions of this Agreement. 6.15 In the event that after this Agreement is executed, the ownership of part or all of the subject lands ceases for any reason to be in the Owner's name by sale, assignment or otherwise while Grant payments remain to be paid, the Grant ceases completely, unless: a) where the Owner wishes to retain the remaining Grant payments, (to continue receiving the Grant payments while the Owner is no longer on title as an owner), the Owner notifies the City of a pending ownership change at least 30 days prior to that ownership change taking place and the City, entirely at its own discretion and to its satisfaction, may require or may enter into an agreement with the new owner that permits the City to continue to provide grant payments to the Owner, subject to the new owner: paying property taxes; and, assuming any of the Owner's obligations and maintenance conditions under this Agreement which have not been fulfilled; b) where the Owner wishes to assign the remaining Grant payments to an assignee, the Owner notifies the City of a pending ownership change at least 30 days prior to that ownership change taking place and the City, entirely at its own discretion and to its satisfaction, may require or may enter into an agreement with the assignee that permits the Owner to assign the remaining Grant payments to the assignee, provided the assignee: (i) (ii) receives the right to receive the remaining Grant payments; and, assumes the Owner's obligations and maintenance conditions under this Agreement or the owner continues to fulfil the Owner's obligations and maintenance conditions under this Agreement. 6.16 The Owner will be responsible for ensuring that they can be contacted by the City for the purpose of delivering Grant cheques. (i) (ii) 6.17 The Owner acknowledges that without limiting the generality of the other provisions of this Agreement: a) the onus and responsibility is upon the Owner at all times to assume all costs of rehabilitation of the subject lands and to apply for and obtain, at the Owner's expense, all approvals required from the City and all other agencies for the rehabilitation of the subject lands, including but not limited to all Official Plan Amendments, rezoning by- laws, minor variances, and site plan approval; 8 b) nothing in this Agreement limits or fetters the City in exercising its statutory jurisdiction under the Planning Act or under any other legislative authority or by -law and that in the event the City decides to deny or oppose or appeal any such decision, that such action by the City is not in any manner limited by reason of the City entering into this Agreement; c) the Owner releases the City from any liability in respect of the City's reviews, decisions, inspections or absence of inspections regarding this rehabilitation and the Owner agrees that it is its responsibility at all times to prepare and implement its rehabilitation as would a careful and prudent landowner; d) nothing in this Agreement is intended to impose or shall impose upon the City any duty or obligation to inspect or examine the land for compliance or non compliance or to provide an opinion or view respecting any condition of development; and, e) nothing in this Agreement is intended to be or shall be construed to be a representation by the City regarding compliance of the land with: (1) applicable environmental laws, regulations, policies, standards, permits or approvals, or, (2) other by -laws and policies of the City. 6.18 The Owner agrees that if after it has received Grant payment(s) from the City, it successfully appeals the post- project assessed value on which that Grant payment(s) is based, and as a result, there is a retroactive decrease in the assessed value, the City may deduct the amount of any resulting Grant overpayment from future Grant payments and/or add any Grant overpayment to municipal property taxes payable on the property. 6.19 If the City determines in its sole discretion that any of the conditions of this Agreement are not fulfilled, the City may at its sole discretion cease or delay the Grant payments, and the Owner agrees that notwithstanding any costs or expenses incurred by the Owner, the Owner shall not have any claim for compensation or reimbursement of these costs and expenses against the City and that the City is not liable to the Owner for losses, damages, interest, or claims which the Owner may bear as a result of the lapse of time (if any) where the City is exercising its rights herein to either delay a Grant payment pending the Owners' compliance with this Agreement, or to terminate this Agreement. 6.20 The Owner shall indemnify and save harmless from time to time and at all times, the City, its officers, employees, and agents from and against all claims, actions, causes of action, interest, demands, costs, charges, damages, expenses and loss made by any person arising directly or indirectly from: a) the City entering into this Agreement; and b) any failure by the Owner to fulfil its obligation under this Agreement. This indemnification shall, in respect of any matter arising prior to the termination of this Agreement, remain in force following termination or expiry of this Agreement. 6.21 The Owner is bound by this Agreement, unless, prior to the Owner receiving the Initial Grant payment, the Owner gives notice in writing to the City, that the Owner has decided not to accept the Grant contemplated by this Agreement, in which case, the Agreement is terminated. 9 7 PROVISIONS RELATING TO THE CITY 7.1 The City agrees to provide a grant to the Owner to be paid out over a maximum of ten (10) years, to be used toward the costs of rehabilitation of the subject lands, subject to and in accordance with the terms and conditions set out in this Agreement, provided that the total of such grants shall not exceed the total costs of rehabilitation designated and accepted by the City, estimated as of the date of this agreement, in the amount of $111,256.00. 7.2 Upon revaluation ofthe subject lands by MPAC, the City shall calculate the actual post project municipal property taxes and the initial Grant. 7.3 On an annual basis, the City, upon being satisfied that the Owner is in compliance with this Agreement and has met all and any other requirements of the City, shall pay the annual Grant payment. 7.4 The City reserves the right to require a third party review or independent audit, at the Owner's expense, of all documentation submitted in support of the Application or during the administration of the initial or subsequent annual Grant payments, including, but not limited to: a) estimates and actual costs of all rehabilitation works; and b) environmental reports and documentation. 7.5 The City, its employees and agents are entitled to inspect the subject lands and all fixtures and improvements upon the subject lands at any time during usual business hours for the purpose of their condition or state or repair or for the purpose of verifying compliance with the provisions of this Agreement. 7.6 If the Owner cannot be reached over a protracted period (more than 2 years), the City will have the option, without notice and at its own discretion, of terminating all future Grant payments to the Owner. 7.7 If, in the opinion of the City, the subject lands are not maintained in their rehabilitated condition, the City may at its own discretion, terminate all future Grant payments and require repayment of all Grant payments already paid out by the City to the Owner. 7.8 The City retains the right at all times not to make any or all Grant payments or to delay payment where the City deems that there is non compliance by the Owner with this Agreement. In particular, without limiting the generality of the foregoing, the Grant is conditional upon periodic reviews satisfactory to the City to there being no adverse change in the rehabilitation and to there being compliance on the part of the Owner with all other requirements contained in this Agreement. 7.9 Except where expressly stated in this Agreement, all conditions in this Agreement are for the benefit of the City and may only be waived by the City. No waiver is effective unless in writing. 10 8 DEFAULT AND REMEDIES 8.1 On the occurrence of default under this Agreement, the City shall be entitled to its remedies to enforce the terms of this Agreement, including: a) delaying or ceasing payment of the Grant; b) requiring repayment of the Grant; and/or c) terminating this Agreement. 8.2 Default shall be deemed to occur upon any default of the Owner in complying with the terms set out in this Agreement, including but not limited to the following: a) the as constructed works do not comply with the description of the works as provided in the Application Form and Required Documents; b) the works are not undertaken in conformity with the Ontario Building Code and all applicable zoning requirements and planning approvals; c) the Owner sells, transfers or otherwise disposes of the property without advising the City; d) the building for which a Grant was provided is demolished or designated heritage features of that building are altered during the term of the Grant; e) the building is damaged by fire or otherwise, and repair or reconstruction is not commenced within 90 days; f) the Owner is in property tax arrears with respect to the property for more than 90 days; g) any representation or warranty made by the Owner is incorrect in any material respect; h) failure to perform or comply with any of the obligations contained in this Agreement or contained in any other Agreement entered into between the Owner and the City; i) the Owner makes an assignment for the benefit or creditors, or assigns in bankruptcy or takes the advantage in respect of their own affairs of any statute for relief in bankruptcy, moratorium, settlement with creditors, or similar relief of bankrupt or insolvent debtors, or if a receiving order is made against the Owner, or if the Owner is adjudged bankrupt or insolvent, or if a liquidator or receiver is appointed by reason of any actual or alleged insolvency, or any default of the Owner under any mortgage or other obligation, or if the subject lands or interest of the Owner in the subject lands becomes liable to be taken or sold by any creditors or under any writ of execution or other like process; j) construction ceases for a period of 60 days due to the Owner's default (strikes and Acts of God excepted) and/or the Owner abandons the property or project; k) the Owner is in default of the terms and conditions of the construction financing secured by the first mortgage; 1) this Agreement is forfeited or is terminated by any other provision contained in it. 8.3 The City may, at its sole discretion, provide the Owner with an opportunity to remedy any default. 9 ADDITIONAL PROVISIONS 9.1 This Agreement shall remain in effect from the date of its registration on title to the earlier of: a) the Owner informing the City in writing prior to the initial grant payment, that the Owner has decided not to accept the Grant; 11 b) the City informs the Owner in writing that due to the non fulfilment or non compliance with a required condition or due to default, this Agreement is at an end; c) the total amount of the Grant paid out to the Owner equals the total costs of rehabilitation; d) ten years from the date of completion of the rehabilitation. 9.2 Time shall be of the essence with respect to all covenants, Agreements and matters contained in this Agreement. 9.3 Schedule "A" attached to this Agreement forms part of this Agreement. 10 NOTICES 10.1 Where this Agreement requires notice to be delivered by one party to the other, such notice shall be in writing and delivered either personally, by email, by fax or by prepaid registered first class post, by party wishing to give such notice, to the other party at the address noted below: a) in the case of personal delivery, on the date of delivery; b) in the case of email or fax, on the date of transmission provided it is received before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation Act, failing which it shall be deemed to have been received the next day, provided the next day is not a holiday; and, c) in the case of registered post, on the third ay, which is not a holiday, following posting. Notice shall be given: to the Owner at: Telephone No.: 905- 353 -8468 Fax No.: n/a Email: ntinting @iqw.on.ca to the City at: City of Niagara Falls City Hall Telephone No.: 905- 356 -7521, ext. 4298 Fax No.: 905- 356 -2354 Email: bbolibruck @niagarafalls.ca 12 IN WITNESS WHEREOF the parties hereto have hereunto affixed his hand and corporate seal duly witnessed and 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. SIGNED, SEALED AND DELIVERED In the presence of THE CORPORATION OF THE CITY OF NIAGARA FALLS R. T. (TED) SALCI, MAYOR DEAN IORFIDA, CITY CLERK BUSINESS NAME: NIAGARA TINTING Name: JOEDY BURDETT Title: OWNER 13 SCHEDULE "A" of a Grant Agreement between the City and the Owner named in this Agreement. Legal Description of Owner's Land Plan 275, Part Lot 601, Plan 1002, Part Lot 8, Part Blk EE Plan 35, Part Lot 8, Blk EE, NP 1002 14 June 25, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: NiagaraJ7alls CANADA Working Together to Serve Our Community PD- 2007 -47 Re: PD- 2007 -47 PLC 03/2007, Request for Removal of Part Lot Control Lots 1 to 18, Lots 26 to 29 and Blocks 33 to 41, Registered Plan 59M -340 Silverstar Court Upper Canada Drive, Garner Village Subdivision Applicant: Mountainview Homes 1. That Council approve the request and pass the by -law included in tonight's agenda to designate Lots 1 to 18, Lots 26 to 29 and Blocks 33 to 41, Registered Plan 59M- 340, as exempt from Part Lot Control. 2. That the applicant be given five years to create the individual parcels and notify the City when the separate deeds have been registered. Mountainview Homes has submitted a request to remove property on Silverstar Court and Upper Canada Drive from Part Lot Control (see attached letter and Schedule 1). This process enables the division of Tots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision lots or the separation of semi detached or on- street townhouse units. The subject land is within the Garner Village plan of subdivision (59M -340) that was registered in January 2006. This subdivision was approved with a mix of single- detached dwellings, semi detached dwellings and on- street townhouses. Lots 1 to 18 (inclusive) and Lots 26 to 29 (inclusive) are the 22 lots within the subdivision designed for semi detached housing (44 units). Blocks 33 to 41 (inclusive) provide for on- street townhouse dwellings in the plan (30 units). The balance of the subdivision is for single- detached dwellings. The required servicing easements were obtained over the lots and blocks in the plan at the subdivision registration stage. Building permits were issued in November 2006 for an on- street townhouse dwelling on Block 41 and the attached Reference Plan 59R -13325 (Schedule 2) indicates the pr• ®f property configuration and structure foundations. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 wwwniagarafalls.ca Community Services Department Planning Development June 25, 2007 2 PD- 2007 -47 The land is currently zoned Residential Mixed (R3 -709) through site specific Zoning By -law No. 2005 -84. This zoning category permits the proposed semi detached dwellings and on- street townhouse dwelling units. Approval of a Part Lot Control by -law is required so that property lines can be created between the dwelling units to allow their sale with each unit having a separate deed. Applying a Part Lot Control by -law to all of the lots and blocks at this time provides flexibility for the developer during the construction of dwellings and scheduling of real estate sales. The building permit review process will ensure compliance with all zoning requirements. A by -law time limit of five years has been requested to allow for the servicing, construction and market absorption of the units. This time period is acceptable given the amount of new residential development in the area. CONCLUSION: The removal of Part Lot Control will permit the division of the subject land to allow separate ownership of each semi detached and on- street townhouse dwelling unit. The use of this Planning Act mechanism is appropriate. The applicant should advise the City when the land transactions described in this report have been completed. The by -law to designate the lands as exempt from Part Lot Control is included in tonight's Council agenda. Recommended by: Approved by: Respectfully submitted 0r` John Mac Chief Administrative Officer R.Wilson :gd Attach. S:1PDR120071PD- 2007 -47, PLC -03 -2007, Mountainvlew Homes, Garner Village.wpd Doug Darbyson, Director of Planning Development Ed Dujlovic, Exec tive Director of Community Services Dona d C June 6, 2007 City of Niagara Falls Planning and Development P.O. Box 1023 4310 Queen Street Niagara Falls, ON L2E 6X5 Attention: Rick Wilson Re: Removal of Part Lot Control Garner Village (59M -340) Please accept this statement of intent as our application to have Part Lot Control removed for the multiple Tots within the above referenced subdivision. Although only one townhouse block has yet been erected in the subdivision, we wish to remove Part Lot Control over Blocks 33 thru 41 inclusive for the distinct purpose of constructing freehold townhouse units on these lands. Enclosed is reference plan 59R- 13325 for the existing townhouse block on Block 41. Further, we wish for Lots 1 thru 18 inclusive, as well as 26 thru 29 inclusive to undergo Part Lot Control removal in order to facilitate the construction and subsequent transfer of ownership for the semi detached dwellings to be constructed on them. Lastly, we hope to construct and transfer these units as quickly as possible; however, we would appreciate the created By -Law to be valid for a period of no Tess than 5 years in the event that it takes us longer to sell these units than we anticipate. Please find enclosed herewith a copy of 59R -13325 and a cheque in the amount of $250.00 to meet the City's administrative costs. Should the City have any questions or concerns, please contact the undersigned. We appreciate all efforts to expedite this application. Respectfully, Jon Whyte www.mountainview.com RECEIVED MAY 242007 PLANNING DEVELOPMENT Fill; Ci c .i u ok--- 3350 Merrlttville Highway, Unit #9, Thorold, ON L2V 4Y6 Tel: 905 688 -3100 Fax: 905- 688 -5524 E -mall: homes ©mountainvlew.com Removal of Part Lot Control Lots 1 to 18, Lots 26 to 29 and Blocks 33 to 41 Registered Plan 59M -340 (Garner Village) Silverstar Court Upper Canada Drive Subject Land K :\GIS_ Requests\ 2007 Schedules\ PL i% SCHEDULE 1 Location Map EDGEWOOD ESTATES DRAFT PLAN GIRLS HOME FOR SOCCER KATE S. DURDAN/ LORETTO ELEMENTARY SCHOOL wE$rPoRT OR 1111 WO a l MI MI MN ���1111111 Min OM MI HEIKOOP CRES �11 1111111111111::.... 110111111 MI MI Mil MN EENFIELD CRE MI 111.I we rod Ii CR E�\1111► a CRT -�r'1� a% 11111/* MCGARRY DR t' Iketi eat/ 111. all1111111 5 111111= G :1111111: 1111 it Scale 1:NTS June 2007 PLAN OF SURVEY OF BLOCK 41 REGISTERED PLAN 59M -340 CITY OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA 9m METRIC DISTANCES SHOWN ON THIS P 8Y DB DINS(. IN B METRES 'V 0.. AND SCALE 1 230 WILLIAM A. MASCOE ONTARIO LAND SURVEYOR RE� IStEREO RIM* SOUROVERY CORNER EEGIS PLAN 49 5951 -340 0 TON NwwOB'OD"E 16 N66'09'0 LOT 30 PJ.H. 6 0.64 -1294 S UPPER CANADA DRIVE ..I.N. 64264 -1 (REFERENCE BEARING) W (N 9 DND PAM 25 PLAN 590- 129E9. SUBJECT e (50) TO EASEMENT AS 51990 (WIC IN SNT07926 LOT 29 P.I.N. 4 426 4 -12 3 60.052 SCHEDULE PART BLOCK PLAN P.I.N. AREA (m) 2 3 4 5 6 7 6 9 10 41 PARTS E 4, 6, 6 AND ID. SUBJECT TO EASEMENT AS IN 59107925. PARTS b 10. 6 IM1 In61uaN4. SUBJECT TO EASEMENT FOR ENTRY AS IN 59110032. Se 1495 t; (6408) (1489) 598 -340 1 9 ALL OF PIN 1275(17) 5 444 453 S15 313 316 315 315 26.5 446 42.9 S in 1 REQUIRE THIS PLAN TO BE DEPOSITED UNDER 71/2 LAND TITLES ACT. JANUARY 15, 2007 DATE M.(416646. PC VerPMEM WILLIAM A. MASCOE ONTARIO LAND SURVEYOR SURVEYORS CERTIFICATE 1 CERTIFY THAT: 1. THIS SURVEY AND PLAN ARE CORRECT AND M ACCORDANCE WITH THE SURVEYS ACT. THE SURVEYORS ACT, THE LAN. TITLES ACT AND THE REGULATIONS MADE UNDER THEM. 2. THE SURVEY WAS COMPLETED ON THE 15731 DAY OF JANUARY, 2007. JANUARY 15. 2007 'F(i AT, WF.ner LEGEND DAZE WILLIAM A. MASCOE ONTARIO LAND SURVEYOR BEARING NOTE BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE NORTHERLY LIMN OF BLOCK 41 AS SHOWN ON REGISTERED PUN 59M -340 HAVING A BEARING OF N66 "E SIB DENOTES STANDARD IRON BAR IB DENOTES IRON BAR N GENOTE5 IRON TUBE 4 DENOTES SURVEY MONUMENT SET DENOTES SURVEY MONUMENT FOUND 0.U. DENOTES ORIDIN UNKNOWN 1490 DEN0TE4 P. 0. RE)1S84 0.2.0. WIT DENOTES WITNESS PLAN 59R- /3325 R1211 DEPOSITED .1JE DE P. OR LAN THE LAND FOR TITLES THE D *8* 9 O(VISION OF N OI4NIAGARA A 01ffN(Ne39) WILLIAM A. MASCOE SURVEYING LTD. 96 CHURCH STREET ST.CATHARINES, ONTARIO PHONE:905- 641 -1007 FAX:905 -641 -4424 EMAIL: moscoe.surveying 0 on.oibn.com DATE JANUARY 15, 2007 1 FILE8468 June 25, 2007 R- 2007 -17 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls CANADA Re: R- 2007 -17 4 -Pad Arena Complex Project Update RECOMMENDATION: 1. That the 4 -Pad Arena Complex Project Update report be received. 2. That the members of the Arena Users Stakeholders Group be approved, and that a member of Council be appointed to this Group. BACKGROUND: With the approval by Council, on May 7, 2007, to develop the 4 -Pad Arena Complex, staff, the project management consultant and the architects, Barry-Bryan Associates (BBA) have been developing, revising, and updating the facility inclusions for this new premier community arena facility. The collaborative approach that has characterized this project has resulted in creative working partnerships with community organization and arena user groups. This commitment has been fundamental to this project design. Critical to the design plans was an evaluation of whether the requests of these organizations could be supported within the approved budget and facility size of approximately 196,600 square feet. On June 6, 2007, updated draft designs were presented by staff, the project consultant, and BBA to the following community ice users organizations: Niagara Falls Junior B. Canucks Hockey Club, Chippewa O.H.A. Junior C Hockey Club, Niagara Falls Minor Hockey Association, Stamford Skating Club, Niagara Falls Girls Hockey Association, and Niagara Falls Ringette. A separate meeting was scheduled on June 14, 2007, for Recreational Minor Hockey. 7150 Montrose Road, Unit 1, Niagara Falls ON, Canada L2H 3N3 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture June 25, 2007 2 R- 2007 -17 Some of the key design inclusions reviewed by the arena users were space assignments for dedicated administrative offices, storage space, and shared community meeting room spaces. The user groups' offices were expanded to include one for Niagara Falls Ringette. Some of the expanded facility features that were presented included a 'dry floor training area' of approximately 1000 square feet, large Memorial Community Room (approximately 4000 square feet) with direct access to one of the ice pads, the addition of a pro shop, enhanced community meeting room spaces, and enhanced areas for concessions, food and beverage services including dedicated space with seating overlooking the main pad. Additionally, a central element of the facility design was having the main 2000 seat pad (with standing room for 300) serving as the home ice for both Junior B's and the Junior C's, and their respective administrations in close proximity to one another, with some shared spaces reviewed. Each of the three community ice pads includes 250 bench seats per pad. Overall, the feedback provided by all the community ice user groups from the June 6, 2007, meeting was exceptionally positive. There is tremendous excitement regarding the project, particularly the opportunity for the organizations to host newtournaments and competitions in Niagara Falls in this new facility. The incorporation of comments and feedback from this meeting are reflected in the updated facility design plans (attached). Staff, the project management consultant, and the architectural team met with the Mayor's Disability Committee on June 21, 2007, to review the plans. The process has emphasized excellence in facility design and functions to serve the needs of those in the community with disabilities. Staff anticipates meeting with the Sports Wall of Fame Committee by late July 2007, and the Arts Culture Committee in September 2007. Continued consultation with the community facility users is a central component of the project. Each organization listed below has agreed to serve as a member of the Arena Users Stakeholder Group. Formalization of the representation (in addition to City Staff, the project management firm (UEM) and the architect (BBA) is recommended: Niagara Falls Junior B. Canucks Hockey Club Chippawa O.H.A. Jr. C Hockey Club Niagara Falls Minor Hockey Association Stamford Skating Club Niagara Falls Girls Hockey Association Niagara Falls Ringette Association Recreational Minor Hockey Recreation Committee Arena Community Fundraising Campaign Terry Masterson Mick Wolfe and Fred Sacco Butch Sacco Laurie Primeau Paul Burns Mike Glazier Johnna Blanchfield Don Jackson, Chair Mick Wolfe, Chair June 25, 2007 3 R- 2007 -17 In order to meet the opening target date of September 2009, an aggressive schedule for the project must be met. The following is a general summary of schedule milestones for the completion of the 4 -Pad Arena Complex: June /July 2007 Revised Site Plan submission and approvals process; July 2007 issue of Expression of Interest for private sector retail and lease opportunities in areas of food beverage, pro shop services, and advertising; August 2007 to January 2008 consultation with Building Department, application for and issuance of a building permit; September /October 2007- Public Open House to review facility design and community features; September /October 2007 Kick -off of the capital campaign for the arena complex; September to November 2007 Site preparation construction contraction; September 2007 to January 2008 Pre qualification of building contractors, issue competitive tender and award contract to general contractor; January 2008 to September 2009 construction of 4 -Pad Arena Complex; May /June 2008 Public Open House to update community about facility development; September 2009 Grand opening of the new Niagara Falls 4 -Pad Arena Complex. Recommended by: 11 h Dense Morriss ctor of Parks, Recreation Culture Approved by: DM /das Attachment S: \Council\Council 20071R- 2007 -17 Arena 4 Pad Protect Update.wpd Ed Dujlovic, Executive Director of Community Services Respectfully submitted: 6 John MacDonald, Chief Administrative Officer June 25, 2007 L- 2007 -19 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagarapalls CANADA Re: L- 2007 -19 Execution of an Agreement with Cytec Canada Inc. "Cytec and Falls Community Development Inc. "FCDI in respect of a donation of certain lands to the City to be used for the construction and development of a public arena and related facilities RECOMMENDATION: That Council pass the Execution By -law listed under the by -law section of the agenda and proceeds with formal execution of the Agreement. BACKGROUND: November 7/05: After much public consultation and analysis of potential sites, Council approves recommendation report R- 2005 -57, Selection of the Preferred Site for the Arena Complex. The report recommends that the preferred site for the Arena Complex located within the former Cytec industrial property (4001 Fourth Avenue) (the "Cytec Lands The approved report recommends that a satisfactory agreement be executed by the City and the relevant parties. The approved report indicates that a Record of Site Condition, declaring the Preferred Site as environmentally suitable for the proposed arena development, be relied upon. November 7/05 Council approves recommendation report PD- 2005 -83, Green Municipal Fund "GMF for Brownfields Development. The report recommends that Council support an application to the Federation of Canadian Municipalities "FCM for funding under the GMF to allow for the remediation of the Cytec lands at Thorold Stone Road and Stanley Avenue and, on the granting of such application, authorizin• staff to negotiate and enter into an agreement. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services June 25, 2007 2 L- 2007 -19 March 20/06 Council approves recommendation report PD- 2006 -21, Final Report on Brownfield Community Improvement Plan. The report recommends that Council pass a by -law to designate the Brownfield Community Improvement Project Area as the Urban Area in the Niagara Falls Official Plan, as amended from time to time, and as contained in the Brownfield Community Improvement Plan (February 2006); and pass a by -law to adopt the Brownfield Community Improvement Plan "CIP (February 2006) and that the Plan be forwarded to the Ministry of Municipal Affairs and Housing for approval. The rehabilitation of the Cytec property is a major component of Brownfield redevelopment as part of the CIP. March 22/06 The City receives word of approval of GMF for $1.892 million from FCM. July 10/06 July 17/06 March 19/07 April 11/07 May 7/07 Council passes a motion that staff continue to work with MOE and peer review consultants to ensure the safety of all the residents of Niagara Falls. The City receives word of approval of the Brownfield CIP from the Ministry of Municipal Affairs and Housing. Council passes a motion, that the by -law, to authorize the execution of an Agreement with Cytec Canada Inc. and Falls Community Development Inc., respecting the donation of certain lands to the City to be used for the construction and development of a public arena and related facilities, be deferred until a staff report is brought to Council providing background on the agreement. This evening's report provides such background. A Special Council meeting is held outlining the remediation efforts undertaken on the Cytec lands. The meeting is similar to an information workshop held in October 2006. At a Special Council Meeting, Council approves recommendation report R- 2007 -07. Among the recommendations is that Council approve the development of an Arena Complex with 2000 seats in the main arena pad. Obtaining the Preferred Site, pursuing the FCM application and completing the Arena Complex are key elements in the City's efforts to promote remediation of Brownfields throughout the city and in the pilot project area in particular. Council has further underscored the importance of Brownfields remediation to the future of the City by enacting the Brownfields Community Improvement Plan. With this background in mind, Staff commenced to negotiate and settle the agreements necessary to obtain the Preferred Site so that the other important initiatives concerning Brownfields rehabilitation and completion of the Arena Complex could move forward. June 25, 2007 Preconditions 3 L- 2007 -19 A precondition of acceptance of the Preferred Site by the City is that the land is remediated to the provincial standard acceptable for use as a public arena and acceptable to the City's environmental consultants. Another precondition of acceptance of the Preferred Site by the City is that the land is donated to the City free of charge. The donation of the land will come directly from Cytec as it is the registered owner of the Preferred Site. Falls Community Development Inc. "FCDI must consent to the donation as it is the tenant of an unregistered lease with Cytec for the Cytec Lands and has an option to purchase the Cytec Lands. Cytec was prepared to enter into discussions of making the donation of the Preferred Site to the City on two conditions: 1. that it would not incur greater liability after having made the donation and conveyance of the Preferred Site to the City, than it would incur if it retained ownership of the Preferred Site and left the Preferred Site as vacant land. 2. that FCDI's written intentions concerning the GMF application and development of the remainder of the Cytec Lands be acknowledged in any land transfer agreement. The City and Cytec were able to quickly settle draft language in the Agreement concerning the donation and conveyance of the Preferred Site on the preconditions and terms noted above. Some time was required for Cytec and FCDI to come to terms between themselves in respect of matters concerning the amendment of their lease for the Cytec Lands. The Agreement represents the best option for: 1. proceeding with the Arena Complex on the Preferred Site; 2. assisting with the rehabilitation of this important brownfield redevelopment within the City and in accordance with the Community Improvement Plan; and 3. obtaining the donation of the Preferred Site at no cost to the City and on terms acceptable to all of the parties. Summary of Agreement: The Agreement can be summarized as follows: 1. Donation and Conveyance The Preferred Site is to be donated by Cytec to the City without cost to the City. An appraisal prepared by D.J. Penwarden Appraisals Limited indicates that the fair market value of the Preferred Site is $415,156.00 based upon a Record of Site Condition having been acknowledged by the Director of the Ministry of the Environment permitting community use as an arena. June 25, 2007 4 L- 2007 -19 2. Conditions in favour of the City Acceptance of the donation and conveyance of the Preferred Site by the City is subject to satisfaction of two conditions: a. that the City is satisfied that all due diligence with respect of the Preferred Site has been performed and completed; and b. that a Record of Site Condition permitting the intended use of the Preferred Site as an arena shall have been filed in the Environmental Site Registry and acknowledged by the Director of the Ministry of the Environment "MOE 3. Donation Cytec would not give any covenants or warranties with respect to the Preferred Site and the City, if it accepts the conveyance, does so on an "as is, where is" basis and on the condition that for 15 years following closing, the Preferred Site may only be used for a sports arena and related facilities. This prohibition on change of use was required by Cytec as Cytec was insistent on prohibiting a more sensitive ecological use on the Preferred Site. Although Council members may question the "as is" donation, it should be noted that Cytec has gone to great expense through their consultants to study the land and identify environmental factors, as outlined in the October workshop and April 11' Special Council meeting. The environmental testing performed by scientists for Cytec in support of Cytec's application for the Record of Site Condition has been independently reviewed by the City's environmental consultants. Once acknowledged by the Director of the MOE, the Record of Site Condition represents the statutory threshold for disclosure of environmental conditions in real property in Ontario at the present time. Arguably, few brownfield sites have been as studied and analyzed as the Cytec lands. On a statutory basis, there is nothing further that the City can obtain from Cytec respecting the environmental suitability of the Preferred Site for use as a community arena. Similarly, the reliance on the Record of Site Conditions by all parties negated the request from Cytec of an environmental indemnification from the City: 4. City Covenants The City covenants that: a. if it has not commenced construction of a public arena and related facilities within five years from the date of transfer of the Preferred Site, it shall convey the Preferred Site to the then current owner of the Cytec Lands; and June 25, 2007 5 L- 2007 -19 b. it will use reasonable commercial efforts to obtain receipt of the GMF funds and, to the extent that GMF funds are received, to distribute those funds to the eligible party in conformity with the terms, conditions and guidelines specified by FCM from time to time. 5. Release of Cytec Upon the conveyance of the Preferred Site, the City releases Cytec for any claims the City may have in respect of the Preferred Site. Cytec would not agree to the conveyance and donation of the Preferred Site to the City except on an "as is" basis coupled with a full release. The onus of being satisfied with the Preferred Site rests with the City prior to accepting the donation. As previously noted, the City will only accept the donation upon issuance by the Director of the MOE of the Record of Site Condition. It is understandable from their perspective that Cytec would not wish to expose itself to greater liability after having made the conveyance than it would face if it did not make the conveyance and donation. That being said, the release does not absolve Cytec of third party liability. The legal risk being assumed by the City as owner of the Preferred Site can never be removed in its entirety, however, all available information indicates that the extent of the City's exposure is acceptable to those with a specialized knowledge of environmental matters. The combination of the City's actions in following the regulatory regime of the MOE and insisting upon an independent peer review of the environmental reports would support a strong due diligence defence in respect of any claim made against the City in tort, nuisance and negligence for selecting the Preferred Site for use an Arena Complex. 6. Obligations of FCDI FCDI agrees that, upon the conveyance of the Preferred Site to the City, its option to purchase the Preferred Site contained within its lease with Cytec shall be terminated. FCDI consents to the conveyance of the Preferred Site to the City and agrees to execute such further documents as Cytec or the City may require in respect of the Agreement. FCDI has other obligations in relation to use of GMF funds and the remainder of the Cytec lands (i.e., the property not being used for the four pad arena complex). 7. Obligations of Cytec Upon satisfaction by the City of the conditions in its favour, Cytec is obligated to convey the land to the City on the terms set out in the Agreement. June 25, 2007 6 1- 2007 -19 Green Fund As indicated, the City applied for and received approval for a Green Municipal Fund (GMF) loan through the Canadian Federation of Municipalities. The program is the only national fund that specifically addresses the needs of municipal governments and their partners. Loans are provided to the City for private developers at a fixed rate interest rate. The low interest loan provides a significant jump start to brownfield redevelopment. The municipality administers the loan, only releasing monies when invoices proving remediation and clean up are provided. The loan repayment begins when municipal tax increments resulting from increased property assessments are realized once the site is remediated and redeveloped. The Green Municipal Fund assumes the risk associated with the loan. Timing The agreement needs to be executed by July 15, 2007 or an extension between the parties would have to be negotiated. What is more important, a failure to execute the agreement at this time will jeopardize the proposed September 2009 opening date for the four -pad Arena Complex. CONCLUSION: If the City wishes to develop the Arena Complex on the Preferred Site, the Agreement must be executed in its current form. The Agreement is the result of extensive negotiations between the parties, and Staff believes the Agreement represents the final position of Cytec and FCDI in respect of the donation and conveyance of the Preferred Site. Few properties have been as environmentally studied and analyzed as the Cytec lands. Reports and peer reviews have been prepared to the highest possible standard. By following the only regulatory regime in existence in Ontario, the City will be able to rely upon a Record of Site Condition which indicates that the Preferred Site is acceptable for the intended arena use. The benefits to the City of proceeding with the Arena Complex at the Preferred Site are that the land is being donated for free, the Arena Complex will be the cornerstone for redevelopment of the largest Brownfield site in the City, commercial recreational and employment opportunities will be realized, the development satisfies the Region's Smart Growth Strategy and the redevelopment is likely to have a positive impact on Downtown redevelopment. Not proceeding on the Preferred Site will undermine the Brownfield CIP and, in essence, sterilize a large expanse of land in the centre of the City. Recommended by: Approved by: Kenneth L. Beaman, Acting City Solicitor K. E. Burden, Acting Executive Director of Corporate Services Respectfully submitted: 6 y c John MacDonald, hief Administrative Officer Dean Iorfida June 25th Niagara Falls City Council meeting From Dean Iorfida To: ekg @cunningham- gillespie.com Date: 6/19/2007 2:27 PM Subject: June 25th Niagara Falls City Council meeting Mr. Gillespie: Page 1 of 1 On June 25th, Niagara Falls City Council will consider a report regarding the Execution of an Agreement with Cytec Canada Inc. "Cytec and Falls Community Development Inc. "FCDI I should be able to e-mail you a copy of the report by Thursday. As per the comments at the April 11th Special Council meeting, you will be provided an opportunity to speak, should you wish, regarding the matter noted above. If you do wish to speak, send me an e-mail reply. Also, on April 11th, you had a power point presentation prepared. If you intend on doing a power point, I'd be greatly appreciative if you could e-mail it to me by Friday afternoon or Monday morning, at the latest As I am sure you can appreciate, it makes things a lot easier for me to have the power point loaded on the computer ready to go, rather than having to arrange the technology on the fly at the Council meeting. If you have any questions, feel free to contact me. Dean Dean Iorfida, City Clerk Niagara Falls 905 356 -7521, Ext. 4271 905 356 -9083 (Fax) file: /C:\Documents and Settings \di202\Local Settings \Temp\XPGrpWise \4677E7C3Doma... 6/19/2007 Corporate Services Department Clerk's Division Inter Department Memorandum f Niagara TO: Mayor Ted Salci DATE: June 25, 2007 Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Jet Fighter for Canada Day As always, Community Development Coordinator, Vito Scaringi, is working diligently to finalize Canada Day festivities and make the event better than ever. Vito has made tentative arrangements for a fly over by a Canadian Fighter plane. The Canadian Forces would like a letter of authorization from the City. Because Niagara Falls is restricted air space, the Canadian Forces will inform Transport Canada of the fly over. The fly over may create noise offensive to some residents, however, the discomfort should only last approximately six minutes; therefore, the small inconvenience should be tolerated in light of the special event. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development I*1 National Defense TF Defence nationele Canadian Forces recruiting Centre Hamilton 55 Bay Street North Hamilton ON L8R 3P7 5673 -1 (UAO) l June 2007 Mr. Ted Salci Mayor City of Niagara Falls 4310 Queen Street Niagara Falls ON L2E 6X5 Dear Mayor Salci, NIAG. FALLS CLERKS 1 07 0612 15149 The Canadian Forces Recruiting Centre is requesting 1 x CF -18 Canadian Fighter aircraft to fly past the Niagara Falls 2007 Canada Day celebration at the conclusion of your address and the singing of 0 Canada. In order to achieve this, we require a letter from you acknowledging this request and granting authorization to, specifically, over fly the airspace of the city of Niagara Falls, at an altitude of 500 feet above the highest obstacle within 2000 feet of Optimist Park. If you require further information, please contact Sgt Bill Durrant at 1- 800 856 -8488 ext 2431 or cell (905) 902 -8322. Sincerely, D.B Majo Co Canada" cer www.recruiting.forces i. ttg a r ut ment.forces.gc.ca 1 800 856 -8488 RCRFIINS ri„ CANADIAN FORCES RECRUTEMENT FORCES CANADIENNES Victoria Centre BIA 2007 Budget marketing advertising 50,000.00 office expenses 5,000.00 conventions meetings 2,500.00 assocation memberships 1,000.00 bank charges 100.00 fireworks 10,000.00 sponsorship (ie: WFOL) 20,000.00 loan payments (sidewalk expansion) 10,000.00 professional fees 10,000.00 salary 24,000.00 miscellaneous 27,400.00 convention centre committee 100,000.00 investment 40,000.00 beautification 20,000.00 320,000.00 Fallsview BIA 2007 Budget marketing advertising 300,000.00 office expenses 5,000.00 conventions meetings 2,500.00 assocation memberships 1,250.00 bank charges 100.00 fireworks 35,000.00 sponsorship (ie: WFOL) 25,000.00 insurance 1,700.00 professional fees 30,000.00 salary 24,000.00 miscellaneous 25,450.00 convention centre commitment 1,000,000.00 investment 20,000.00 beautification 30,000.00 1,500,000.00 06/19/2007 10:04 9053564779 Lundy's'Lane BIA Income Statement Comparison of Actual to Budget for Fiscal End 2007 REVENUE Income Tax Levy from City 280,000.00 Interest Received 0.00 Total Income 280,000.00 TOTAL REVENUE 280,000.00 EXPENSE MARKETING LL VISITORS GUI.. Expense Artwork Design Costs Expense Distribution Expense Printing Income Advertising Sales Total MARKETING LL VISITOR... MARKETING Other Billboard Advertiisng CAA/AAA Tour Books Call Centre Festival of Lights Advertising Marketing Co- ordinator Fees Misc. Advertising Promotion Cont. Niagara Golf Trail Ad Niagara Seasons Magazine NFT Dining Shopping Guide NFT Tourism Guide Niagara NFT Destination Tour Planners Niagara The Visitor Magazine The Review Retail Ads Tods (Canadian) Signage Ont.HWY Web Site Links Total MARKETING Other Lundy's Lane Improvements Banners all seasons Summer Baskets New Streetscaping /Planters Total LUNDY'S LANE IMPROVE... BW CAIRN CROFT PAGE 02 Actual to 4/30/2007 NItG, FALLS CLERKS tfaitg 141 0.00 0.00 0.00 9250.00 -9250.00 8,183,00 0.00 0.00 0.00 1,250.00 0.00 OAO 0.00 0.00 0.00 0.00 0.00 0.00 0.00 150.00 8,783.00 0.00 0.00 0.00 0.00 280,000.00 1 000.00 281,000 QQ 281,000.00 14,200.00 0.00 0.00 0.00 14,200.00 16,000.00 18,000.00 4,000.00 0.00 5,000.00 500.00 0.00 8,000.00 2,400.00 1,200.00 3,200.00 5,700.00 2,000.00 5,000.00 20,000.00 91,000.00 Events Candy Cane Lane Advertising 0.00 9,121.00 Brochures Distriubtion 0.00 0.00 Draw Prize Supplies 0.00 0.00 Illuminated Candy Canes 10,241.37 35,654.00 Power -Candy Cane Display 0.00 0.00 Sponsorship WFOL 0.00 10,000.00 Total CANDY CANE LANE 10,241.37 54,775.00 9,500.00 40,000.00 5,500.00 55,000.00 Administration General Expen... Audit Expense 0.00 1,300.00 Bad Debts 0.00 500.00 Bank Charges Interest 44.57 150.00 Bookkeeping 0.00 2,500.00 Donations 0.00 0.00 Legal Expense 0.00 Page 1 06/19/2007 10:04 9053564779 Lundy's( Lane BIA Income Statement Comparison of Actual to Mall Box Rental Membership Dues Miscellaneous OBIA Annual Conference Printing Postage Total ADMINISTRATION Casino Shuttle Shuttle Expense Total CASINO SHUTTLE Reserves For Capital Projects Battlefield Archway General Reserves Montrose at Lundys Lane Project Total CAPITAL PROJECT EXPE... TOTAL EXPENSE NET INCOME Budget for Fiscal End 2007 Actual to 4/30/2007 BW CAIRN CROFT PAGE 03 118.00 0.00 0.00 0.00 773.17 935.74 0.00 0.00 0.00 0.00 0.00 0.00 4,855.89 284,855.89 Budget 110,00 1,315.00 3,798,00 1,250.00 102.00 11,925.00 4.000,00 4,000.00 17,000.00 17,000.00 17.000.00 51.000.00 281,000.00 0.00 Page 2 June 25, 2007 CD- 2007 -14 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2007 -14 Granting of an Official Coat of Arms RECOMMENDATION: BACKGROUND: Crest Logo Niagaraflalls CANADA That staff be directed to establish guidelines for the use of the city's new coat of arms, the existing crest and to update the guidelines for the use of the city's logo. The city's crest came into being in 1939 and is still widely used today. A look back through the minutes of council meetings revealed that in 1938 the City Clerk wrote a report to council recommending the consideration of a new city crest. Submissions were accepted from city residents as part of a competition. In January of 1939 the design by Mr. C. H. Williams was chosen. This design is still used today and can be found in numerous locations including the facade of City Hall, Council Chambers, the city flag, Mayor's Chain of Office, Mayor's C.A.O.'s Office letterhead, city gifts, and numerous plaques representing the City of Niagara Falls. It is easily identifiable with the city and it is anticipated that it will be used by the corporation for years to come. The current city logo was adopted by council by way of by -law in April of 2005 after a Centennial Logo Contest was held. The entry by Courtois Mather Creative Inc. was selected. Niagaraflalls CANA The use of the logo as the city's graphic symbol is a functional unit not to be confused with the cr- ;Its prime function is to identify city properties, vehicles, buildings, the city's web erhead and functions not covered by the city crest. Coat of Arms 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Clerks June 25, 2007 2 CD- 2007 -14 On May 31, 2004, Council approved the proposal by Official Town Crier, Mr. Derek Tidd that a coat of arms be developed for the City of Niagara Falls. Mr. Tidd raised the necessary funds to finance the project. It should be noted that a municipality does not develop a coat of arms. The Canadian Heraldic Authority determines what should be illustrated using the rules of heraldry. Extensive research was conducted by Mr. Bruce Patterson, Saguenay Herald, with the aid of staff from the Clerk's Division. There was full consultation during the process between the Heraldry of Canada, City Staff and Mr. Tidd. A design for the coat of arms was prepared. Although not as pictorial as the. City's Crest, the Coat of Arms does contain many elements that are individually defined and related to the history of the city. A descriptive interpretation of all of the elements of the coat of arms has been included for Council's information. In 2006, the Canadian Heraldic Authority, namely, the Chief Herald of Canada, Robert Douglas Watt, granted the Municipal Corporation of the City of Niagara Falls Ontario, "armorial bearings known as a Coat of Arms under the authority vested in Her Excellency the Right Honourable Michaelle Jean, Governor General of Canada, as exercised by the armorial prerogative of Her Majesty the Queen of Canada. The City is now in possession of the original, hand painted, and framed Coat of Arms, referred to as the Letter's Patent, and is now faced with the need to adopt appropriate guidelines for its use within the corporation. It would also be fitting for an official unveiling to be planned. According to The Canadian Heraldic Authority, there is no specific protocol for unveiling these armorial bearings. An official unveiling could entail a simple presentation in Council Chambers to a more elaborate affair with invitations being sent out to various dignitaries, ranging from local politicians to the Chief Herald and Her Excellency the Right Honourable Michaelle Jean, Governor General of Canada, to name a few. The unveiling of such a prestigious document may be fitting of its own ceremony or it could be incorporated in an existing civic event. Guidelines In recognizing the need for guidelines on the use of the Coat of Arms it was discovered that guidelines do not exist with the use of the crest, although it has been understood that the crest is for the exclusive use of the Chief Executive and Administrative Officers of the Corporation (Mayor and C.A.O.). Also, the guidelines for the use of the city's logo have not been updated since the former logo was adopted in 1998. It would be appropriate for guidelines of all three city identifiers to be in place before, or in conjunction with, the official unveiling of the coat of arms. June 25, 2007 3 CD- 2007 -14 CONCLUSION: With Council's input, Staff will continue to work toward an appropriate official unveiling of the city's new coat of arms. In order to prepare for such use of the coat of arms, city crest and city logo, staff should be directed to draft guidelines for the anticipated uses for all three corporate symbols, so that their respective uses will be distinct and recognizable throughout the corporation. Recommended by: Approved by: Attachments &Matson V.\2007000NCIL10706251CD -2007- 14.wpd Dean lorfida, Bur Ken B en Acting Executive Director of Corporate Services Respectfully submitted: 6 John MacDonald, Chief Administrative Officer CREST (Above the Shield); Upon a helmet mantled Azure (Blue) doubted Argent (Silver), wthln a wreath of these colours, this Crest; Issuant (coming out of) from a mural (masoned) crown Azure (Blue) set with maple leaves and mullets (stars) Argent (Silver) e thunderbold Or (Gold). The :mural" c; is a traditional symbol of Inanicipal authority. The maple leaves and stars indicate r'iagara Falls' status as a border city, joined with the city of the same nan7e in Yow York State The l? inderl7o/t is a Symbol r iyed ft0r77 classical .trzoiagy. it ai/udes to th.'' ze Wiagara thought to san "thunder of water' in r^ ,ahr;rdo/rjai 'le +,tra1 ■'?g.uage, Zt a1•0 reinforces e idea of electrical power 35 in the lightning /he supporters. ARMS (Shield): Argent (Silver) three pallets wavy Azure Blue) on a chief (shield) enarcted three pallets c ounterchanged The design is a syrnbohc representation of the Canadian, or Horseshoe Falls the CiC famous lit .feature and ode of the natural warders rld. The top part indicate_ the flowing water of the ;'l r River, the division line the shape of the Horses we .r and the lower part the tur,blinq water as it goes ever the Falls. 'TRe T1-116 SSWWCri MOTTO: TREAD THE SMOOT }I}: Chosen by the He:aildy and falcon t;Dr7 poem byt., _i viewed on t t)i Project we,bsfte. l houg tc 11e appropriate for a I r, ry 1 ?R d ir, e.7 bat tles OFFICIAL COAT OF ARMS as established by THE CANADIAN HERALDIC AUT}iORIlY at Rideau Hall 1 Sussex Drive, OTTAWA, ON With ;pi<;nit:jrr dotes added by City (08r:317ti1P.515; Of L?o /d ft.aiir,.5. SUPPORTERS; Two Ion, rampant (attacking) O (Gold) each holding a lightning bolt Argent (Silver) and standing on a rocky mound proper (natural colour), The lion supporters havo been used SinCe i 939 with the Cr es City, and the u, bolts refer to the importance ofhyr io electric power q err by th /ion:. a! 1Roy.o. 7.> a, and made also allude to is important rein i. Niagara region piaysLl the defence of C r during the War of 181 2, such as at the Bartle o% Lundy's Lane in what %s now Niaga: a Fat s, TI: rocky ground on lv, t caw. s d L j_ tt 0 le he Niagara Gorge, v,> t; y June 25, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario RESERVES 1. Reserve for working funds NiagaraJalls CANADA Working Together to Serve Our Community F- 2007 -23 Members: Re: F- 2007 -23 2006 Reserves and Reserve Funds RECOMMENDATION: That City Council review and approve the 2006 transfers to reserves and reserve funds. BACKGROUND: Reserves and reserve funds are authorized by City Council via The Municipal Act and other legislation. Reserves and reserve funds are designated by Council approval for a variety of operating and capital uses. This designation process enables Staff to plan the implementation of services and capital projects using reserves and reserve funds as a source of funding in future years. The following is a brief explanation of the kinds of reserves and reserve funds. When reserves are created, the amounts are appropriated from net revenue in the same year and then used for those same purposes in a subsequent year. While reserves may be established for any municipal purpose, the most common is as follows: In most municipalities, accounts have to be paid before taxes, grants and other revenues become available, including revenues still to be collected for the previous year. A municipality can obtain a short -term loan to meet this need, but borrowing incurs interest charges. In order to reduce and, if possible, avoid short -term borrowing, a working fund reserve is one financial management technique that can be helpful. It is also a cash management device to enhance cash flow. 4310 Queen Street, R0, Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls,ca Corporate Services Department Finance F- 2007 -23 2 June 25, 2007 2. Reserve for contingencies Such a reserve is established in anticipation of unknown expenditures or liabilities such as emergency repairs, damage claims, etc. If a reserve for contingencies is not created, it could have a significant effect on the future tax levy of the municipality should the liability actually materialize. 3. Reserve for equipment replacement Major items of equipment have to be replaced on a regular basis. In a municipality, such a reserve eliminates the need to levy for the full cost of the equipment in the year of acquisition. This avoids the resulting fluctuation in the tax levy from year to year. RESERVE FUNDS A reserve fund differs from a reserve in that reserve fund assets are segregated and restricted to meet the purpose of the reserve fund. There are two types of reserve funds: obligatory reserve funds and discretionary reserve funds. Obligatory reserve funds are to be used solely for the purpose prescribed for them by Statute. Park Purpose Municipal Parking Development Charges Discretionary reserve funds may be used for a number of different purposes. Some examples of these are: Future expenditures for capital projects Debt retirement Levy or user fee stabilization Promotion of special projects Attached is a copy of the reserves and reserve funds for 2006 showing the balances at January 1, 2006, the amounts added, the amounts used in 2006, and the balances at December 31, 2006. Recommended by: Approved by: Respectfully submitted: C. Luey Todd Hams. n, Acting birector of Financial Services K. E. Burden, Acting Executive Director of Corporate Services John MacDonald, Chief Administrative Officer RESERVES Special Purposes 11,843,755.29 3,259,102.14 (2,360)44.03) (204,099.98) (2,564,144.01) 12,688,713.42 Working Capital 265,000.00 265,000.00 Watermain Improvements 9,000.00 (9,000.00) (9,000.00) Metering Program 42,763.00 (42,763.00) (42,763.00) TOTAL RESERVES 12,160,518.29 3,409,102.14 (2,411,807.03) (204,099.98) (2,615,907.01) 12,953,713.42 CAPITAL HOLDING RESERVE 18,527,508.59 13,174,500.00 (6,729,208.74) (6,729,208.74) 24,972,799.85 RESERVE FUNDS (Set aside by Council) 2006 CITY OF NIAGARA FALLS RESERVES AND RESERVE FUNDS OPENING TOTAL OPERATING CAPITAL TOTAL CLOSING JAN.1 /06 CONTRIBUTIONS USES USES USES DEC. 31/06 Development Charges 314,519.84 12,385.90 326,905.74 Development Charges bylaw 99 -144 16,142,039.85 2,055,352.65 (52,034.97) (587,868.51) (639,903.48) 17,557,489.02 Heritage Week Niag. Committee 54,442.85 3,532.67 (4,022.01) (4,022.01) 53,953.51 Collins/Toby Debenture 98 -2001 47,329.81 2,060.53 (6,026.47) (6,026.47) 43,363.87 Erwin/Barnett 40 yr licence agreement 19,959.06 1,003.18 (1,863.84) (1,883.84) 19,098.40 Long -40 yr licence agreement 15,077.17 508.45 (1,383.76) (1,383.76) 14,201.86 Terrio 40 yr licence agreement 15,120.23 767.82 (487.60) (487.60) 15,400.45 Sick Leave Liability 998,615.67 38,398.05 (3,185.98) (3,185.98) 1,033,827.74 G.N.S.C.A. Building Fund 5,836.49 227.51 (6,064.00) (6,064.00) G.N.S.C.A. Trip Account 344.20 4.81 (349.01) (349.01) L.L. Battlefield Debenture 98 -2001 70,921.52 3,523.85 (10,081.14) (10,081.14) 64,364.23 Workers Compensation 1,163,666.76 46,151.30 (5,867.56) (5,867.56) 1,203,950.50 Fire Stn #5 Willoughby Mtg fund 111,519.89 5,684.93 (16,987.93) (16,987.93) 100,216.89 NF Hydro Debenture #8416 -96 212,528.50 6,909.19 (136,788.71) (136,788.71) 82,648.98 Recreation Trail Development 47,827.94 3,436.13 51,264.07 2% Prklnd Dedictn River Road 2,594.76 97.99 2,692.75 2% Prklnd Dedictn Lundy's Lane 70,498.28 25,958.97 96,457.25 2% Prklnd Dedictn Fallsview 338,911.77 98,187.05 (995.06) (995.06) 436,103.76 2% Prklnd Dedictn Clifton Hill 237,328.94 10,942.13 (779.33) (779.33) 247,491.74 Capital/Operating Fund 410,213.96 5,812,862.84 (556.62) (556.62) 6,222,520.18 Tree Planting Developers 10,716.09 4,987.47 15,703.56 Park Development 127,235.82 7,575.80 (254.47) (15,937.56) (16,192.03) 118,619.59 Sewer and Water Impost 1,113,218.52 52,792.75 (4,127.54) (4,127.54) 1,161,883.73 Expansion and Renewal 199,123.64 8,869.61 (555.68) (555.68) 207,437.57 Conrail Drainage 532,656.20 25,687.65 (1,797.48) (1,797.48) 556,546.37 Prepaid Subdivision Work 172,086.45 7,788.14 (478.14) (478.14) 179,394.45 Sidewalk Construction 250,280.25 11,472.67 (749.52) (749.52) 261,003.40 Future Municipal Works 692,125.27 32,692.13 (2,499.32) (2,499.32) 722,318.08 Lot Drainage 139,293.97 6,113.42 (316.62) (316.62) 145,090.77 Library Special Projects 273,409.51 9,367.35 282,776.86 Library Property Maintenance 125,623.04 62,049.56 187,672.60 Library Automation Fund 297,229.58 37,940.35 (85,603.09) (85,603.09) 249,566.84 Sanitary (Recycling Surplus) 332,324.66 15,369.84 (1,072.60) (1,072.60) 346,621.90 Sports Fnd new equip /program 4,374.58 170.12 4,544.70 Profs Special Needs' Children 13,772.81 534.06 14,306.87 Coat of Arms 2,830.94 99.72 (845.64) (845.64) 2,085.02 Transit Gas Tax Rebate 68,217.24 1,157,081.54 (439,529.72) (439,529.72) 785,769.06 Niagara Tunnel Comm'ty Imprvmt 1,546,000.00 59,608.47 (319,790.47) (319,790.47r 1,285,818.00 Federal Gas Tax Rebate Infrastructure 768421.22 805,981.33 1,574,402.55 Federal Gas Tax Rebate Transit 268,136.16 268,136.16 OPG Agreement 208,573.61 208,573.61 Water Patrol Boat 25,000.00 25,000.00 Branscombe Family Grant 14,580.00 14,580.00 RESERVE FUNDS (Set aside by Legislation) Public Purpose (Planning Act) 432,354.07 415,054.19 (995.06) (995.06) 846,413.20 Municipal Parking 1,225,455.82 171,765.41 (18,009.37) (486,553.15) (504,562.52) 892,658.71 TOTAL RESERVE FUNDS 28,606,047.17 11,537,285.30 (1,038,495.62) (1,175,962.31) (2,214,457.93) 37,928,874.54 TOTAL OF ALL RESERVES RESERVE FUNDS 59,294 074.05 28 ,120 887.44 3 450 302.65 8,109 271.03 11,559 573.68 75 855 387.81 June 25, 2007 F- 2007 -24 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2007 -24 Development Charges 2006 Financial Information RECOMMENDATION: Niagaraj7alIs CANADA That City Council receive and file the attached financial statements regarding Development Charges for the 2006 fiscal year. BACKGROUND: It is a requirement of the Development Charges Act to file with Council a statement disclosing the receipt and application of all development charges collected under the authority of Part I I of the Development Charges Act, 1997. The required content for this financial reporting is as follows: Balance as of January 1 The development charges reserve fund balances as reported on the audited financial statements for the preceding year. Development Charges Received or Receivable These development charges are to be allocated to the specific service to which they are to be applied. Development Charges Refunded The total of all refunds of development charges, including the interest on the refund calculated on the basis of the provisions of section 13 of Ontario Regulation 725/89. The total refunded amount is to be credited to the specific service to which the original charges �o been applied. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance June 25, 2007 2 F- 2007 -24 Accrued Interest The total interest earned on all reserve fund investments shall be shown, as well as the apportionment of such interest earnings among the various services. Transfers to Capital Fund The total of all amounts transferred to the capital fund including all interest earned on such funds as at the date the amounts are transferred. The total of the amounts transferred are to be credited to the specific service to which the original charges had been applied. Amounts Allocated to Other Services Indicate the amounts which Council has determined are to be transferred from the service originally allocated to another service. Balance at Year's End The development charge reserve fund balance or balances as reported on the audited financial statements of the current year. A summary of the financial statement follows: Balance as at January 1, 2006 $16,456,560 Received Development Charges 1,347,564 Refunded Development Charges (13,368) Interest Earned 714,145 Transfer to Capital Projects (587,869) Transfer to Operating (32.637) Balance as at December 31, 2006 $17.884.395 As required by the development charges legislation, capital projects that receive funding from development charges are required to report the other sources of funding. A summary of the sources for this total funding is as follows: New Development Charges By -law $557,040 Ontario Grant 1,836,741 Operating Revenue Fund 2,380,000 Reserve Fund 85,603 Special Purpose Reserve 0 Capital Liability Accounts 10,371 Debenture 13,188,000 Outside Billings 857,011 Total Funding $18,914.766 June 25, 2007 Recommended by: Approved by: 3 C Todd Harri$on, Acti Director of Financial Services Acting Executive Director of Corporate Services L Respectfully submitted: 60 MacDonald, Chief Administrative Officer F- 2007 -24 DEVELOPMENT CHARGES RESERVE FUNDS Sub Account Purpose /Service CITY WIDE SERVICES Administration Roads Transit Parks Recreation Library City Wide Services Total URBAN SERVICES OTC Water Sanitary Sewerage Storm Water Managment Fire Urban Services OTC Total TOURIST CORE SERVICES Water Sanitary Sewerage Storm Water Managment Fire Tourist Core Services Total SUBTOTAL RESERVE FUNDS GRAND TOTAL BANK BALANCE (Account #411 -14) BANK BALANCE (Account #63 -19) RECEIVABLES GST rebate INVESTMENTS (as at Dec. 31/05) DUE (TO)FROM REVENUE FUND (not proofed) TOTAL Opening Balance Jan1 /06 GENERAL SERVICES INELIGIBLE (s.s.2.4; s.s.5.3) Government 169,537 Municipal Works 144,983 General Services Total 314,520 273,039 3,512,635 144,412 1,167,731 714,236 5,812,053 861,355 1,499,708 2,456,338 707,980 5,525,382 Add: Received Development Charges 48,155 552,153 93,727 367,524 135,257 1,196,815 753 3,543 5,156 87,347 96,799 197,895 1,264 408,696 2,611 3,695,468 23,605 502,547 26,470 4,804,605 53,949 16,142,040 1,347,564 16,456,560 1,347,564 CITY OF NIAGARA FALLS DEVELOPMENT CHARGES FINANCIAL STATEMENT OF CONTINUITY FOR THE PERIOD JAN 1 TO DEC. 31, 2006 0 0 0 Subtract: Add: Refunded Interest Development Eamed Charges 0 0 0 (458) (5,334) (720) (3,949) (1,492) (11,955) 0 0 0 (765) (765) (15) (31) (284) (318) (648) 6,677 5,709 12,386 12,033 157,792 693 48,446 27,739 246,703 39,519 67,564 111,021 20,648 238,753 9,090 18,774 169,754 18,685 216,303 (13,368) 701,759 (13,368) 714,145 Subtract: Transfers To Capital Projects 0 0 0 0 0 0 (79,448) (508,421) (587,869) Subtract: Allocation: Transfers Transfers To Between Operating Services 0 0 0 (5,763) 0 (2,015) 0 (7,778) O (2,419) O (4,050) 0 (6,680) O 0 O (13,149) 0 (539) O (1,113) 0 (10,059) O 0 O (11,711) (587,869) (32,637) (587,869) (32,637) Closing Balance Dec. 31/06 0 176,214 O 150,692 0 326,906 0 332,769 O 4,211,483 0 238,112 O 1,498,288 O 367,319 0 6,647,971 0 899,208 O 1,566,765 O 2,565,836 O 815,210 0 5,847,020 0 207,695 O 428,936 0 3,878,484 O 547,384 O 5,062,499 O 17,557,489 O 17,884,395 326,906 6,095,912 1,062 10,393,237 1,067,278 17,884,395 June 25, 2007 F- 2007 -25 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2007 -25 2006 Capital Accounts RECOMMENDATION: For the information of the City Council. BACKGROUND: Attached is a copy of the capital account summary by department for 2006. These capital projects are carryovers from previous years and new projects started in 2006. Approval for the projects is from the annually- approved Capital Projects Budget and from Council approvals during the year. Opening Balance Niagarajlalls C A N A D A In the opening balance column, the bracketed amounts had outstanding costs as at the end of 2005 and the non bracketed amounts required funding as at the end of 2005. Revenue for 2006 Revenue for 2006 came from the following sources: Operating Accounts Reserve and Reserve Funds Grants Donations Outside Agencies Debt $4,193,370 8,092,421 1,932,798 1,376,381 21,922,000 $37,516,970 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance June 25, 2007 2 F- 2007 -25 Expenses for 2006 The expenses are authorized and approved invoices submitted to accounts payable for payment. Closing Balance The credit balance column totalling $3,677,463 reflects funded projects that still have outstanding expenditures. The debit balance column totalling $36,729,349 reflects unfunded projects. The funding sources for these are: Debentures 3,958,557 Reserves 18,429,166 Outside Agencies 7,867,318 Operating Accounts 6.474,308 $36,729,349 This report is intended to provide general information for the 2006 capital account activity. Recommended by: Approved by: C. Luey Todd Harrison, Actir(g Directo Ken Burden, Acting Executive Director of Corporate Services Financial Services Respectfully submitted: 6 o-1 John MacDonald,, hi fAdministrative Officer CATEGORIES H: \VVPFILES \Committee12007 Committee \F 2007 -25 Attachment.qpw CITY OF NIAGARA FALLS Summary of Capital Account Activity for the Year Ending December 31, 2006 Opening Closing balance 2006 2006 balance Jan. 01 revenue expense unfunded (funded) Dec. 31/06 debit credit balance balance unfunded unexpended 469,185.35 (1,339.75) 1,125,866.40 (1,149,183.00) 9,320,035.91 (2,242,186.94) 113,436.46 0.00 52,777.68 0.00 484,870.44 0.00 296,729.85 0.00 0.00 0.00 772,803.45 0.00 19,003,038.84 0.00 1,061,391.35 (34,303.20) 0.00 (163,694.76) 17,953.55 (33,674.77) 519,426.60 (39,894.85) 3,428,310.99 0.00 24,955.90 (3,049.87) 38,566.66 (10,135.48) 36,729,349.43 (3,677,462.62) #100000 General Govemment 7,816.61 76,712.60 536,741.59 467,845.60 #210000 Fire Services 385,511.72 2,077,551.52 1,668,723.20 (23,316.60) #310000 Roadways 2,070,018.12 9,088,571.93 14,096,402.78 7,077,848.97 #330000 Transit Services 521,140.72 1,495,119.00 1,087,414.74 113,436.46 #340000 Parking Services 0.00 611,953.15 664,730.83 52,777.68 #370000 Transportation Srvs 982.40 1,084,620.44 1,568,508.48 484,870.44 #380000 Buidling Property Srvs 155,567.28 0.00 141,162.57 296,729.85 #390000 Other Transportation Services 0.00 0.00 0.00 0.00 #410000 Sanitary Sewer Services 382,144.09 0.00 390,659.36 772,803.45 #420000 Storm Sewer Systems 4,893,199.02 4,554,046.07 18,663,885.89 19,003,038.84 #430000 Waterworks Systems 23,858.47 1,253,685.52 2,256,915.20 1,027,088.15 #450000 Waste Disposal Services (163,694.76) 0.00 0.00 (163,694.76) #540000 Cemetery Services (19,167.97) 24,000.00 27,446.75 (15,721.22) #710000 Parks Services 82,131.92 255,195.28 652,595.11 479,531.75 #730000 Recreational Facility Services 18,226,405.79 16,251,491.11 1,453,396.31 3,428,310.99 #820000 Commercial Industrial Services 42,938.72 60,000.00 38,967.31 21,906.03 #740000 Library Services 354,230.74 684,023.69 358,224.13 28,431.18 26,963,082.87 37,516,970.31 43,605,774.25 33,051,886.81 Balance in Capital Holding Rsv (24,972,799.85) 15- Jun -07, cjb June 25, 2007 F- 2007 -26 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Recommended by: Approved by: A. Felicetfi Niagaraflalls CANADA Re: F- 2007 -26 Cancellation, Reduction or Refund of Taxes Under Section 357 and 358 of The Municipal Act, 2001 That the cancellation, reduction or refund of taxes on the various accounts per the attached summary be approved and granted to the property owners listed. Section 357 and 358 of The Municipal Act, 2001 provides for the cancellation, reduction or refund of taxes for persons who were overcharged by reason of any gross or manifest error in the preparation of the Assessment Roll. Appeals have been received and the Applicants have been notified that the respective matters will be considered by City Council this evening. The Municipal Property Assessment Corporation has confirmed that the subject properties were assessed incorrectly in that these properties: had structures that had been demolished or removed, were damaged or razed by fire, have ceased to be liable at the rate it was taxed, became exempt, or a transposition, typographical, or clerical error was made. Todd H. rriso ting Director of Financial Services Ken Burden, Acting Executive Director of Corporate Services Respectfully submitted: o c y( John MacDonad, Chief Administrative Officer 4310 Queen Street, PO. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Finance Appl. Name and Address of Applicant Taxation Year Reason for Application Reduction Amount 2006 -86 Sundhar, Sangar 4538 Bridge St, Niagara Falls, ON L2E 2R7 2006 Damaged by fire, demolition or otherwise $7.83 2007 -1 Sundhar, Sangar 4538 Bridge St Niagara Falls, ON L2E 2R7 2007 Damaged by fire, demolition or otherwise $148.17 2007 -50A 2071507 Ontario Inc 2155 Leanne Blvd, Mississauga, ON L5K 2K8 2005 Repairs/renovations preventing normal use for a period of 3 months $1,819.19 2007 -50B 2071507 Ontario Inc 2155 Leanne Blvd, Mississauga, ON L5K 2K8 2006 Repairs/renovations preventing normal use for a period of 3 months $3,057.79 2006 -25 Pugliese, Chiara 5612 Ellen Ave, Niagara Falls, ON L2G 7V5 2006 Damaged by fire, demolition or otherwise $0.00 2006 -84 Tanfara, Niko David 5090 McRae St, Niagara Falls, ON L2E 1P5 2006 Damaged by fire, demolition or otherwise $83.49 2007 -5 Tanfara, Niko David 5090 McRae St, Niagara Falls, ON L2E 1P5 2007 Damaged by fire, demolition or otherwise $1,153.94 2007 -6 Kemo Corporation c/o The Oakes Inn Fallsview, 6546 Fallsview Blvd, Niagara Falls, ON L2G 3W2 2007 Ceased to be liable to be taxed at rate it was taxed $0.00 2006 -51 576576 Ontario Inc 5992 Cabot Drive, Niagara Falls, ON L2E 5E5 2006 Damaged by fire, demolition or otherwise $1,041.03 2007 -8 Siskinds Law Firm (In Trust) 680 Waterloo St, London, ON NBA 3V8 (TRAN) 2007 Damaged by fire, demolition or otherwise $1,584.75 2006 -73 1609652 Ontario Limited 1387 Line 3, Niagara-on- the -Lake, ON LOS 1.10 2008 Damaged by fire, demolition or otherwise $452.32 2007 -49 1609652 Ontario Limited 1387 Line 3, Niagara-on-the-Lake, ON LOS 1J0 2007 Damaged by fire, demolition or otherwise $2,446.36 2006 -53 Vince Patti 3950 Portage Rd, Niagara Falls, ON L2E 6S5 2006 Ceased to be liable to be taxed at rate it was taxed $0.00 2007 -9 Wedgewood Builders of Niagara 2125 Fruitbelt Parkway, Niagara Falls, ON L2H 2L2 2007 Damaged by fire, demolition or otherwise $1,430.89 2006 -68 Stamford United Church Trustees 3855 St Peter Ave, Niagara Falls, ON L2J 2N7 2006 Became exempt $1,354.37 2006 -90 Church of Christ Trustees c/o Henry Boland, 5904 Atlas St, Niagara Falls, ON L2J 1 S8 2006 Became exempt $31.97 2007 -10 Church of Christ Trustees c/o Henry Boland, 5904 Atlas St, Niagara Falls, ON L2J 168 2007 Damaged by fire, demolition or otherwise $381.56 2006 -112 Roman Catholic Episcopal Corporation St Catharines, PO Box 875, St Catharines, ON L2R 6Y3 2006 Became exempt $0.00 2007 -11 Roman Catholic Episcopal Corporation St Catharines, PO Box 875, St. Catharines, ON L2R 6Y3 2007 Became exempt $0.00 2007 -12 1006057 Ontario Limited 3672 Matthews Drive, Niagara Falls, ON L2H 2Y9 2007 Damaged by fire, demolition or otherwise $60.53 2007 -91 Pettingil, Robert Donna 5500 Glenholme Ave, Niagara Falls, ON L2G 4X9 2006 Became exempt $50.56 2007 -13 Pettingil, Robert Donna 5500 Glenholme Ave, Niagara Falls, ON L2G 4X9 2007 Became exempt $258.48 i 2007 -47 Resmor Trust Company 400, 555 Fourth Ave, Calgary, AB T2P 3E7 (NGUYEN) 2007 Damaged by fire, demolition or otherwise $885.01 2006-56 YUM! Brands Canada Management Holding Inc 101 Exchange Ave, Vaughan, ON L4K 5R6 2006 Damaged by fire, demolition or otherwise $2,937.03 2007 -17 Newell, Tom Susan, 6277 Clare Cres, Niagara Falls, ON L2G 2C9 2007 Damaged by fire, demolition or otherwise $45.78 2007 -18 Sardella, Antonio 81 Dorwood Crt, Woodbridge, ON L4L 1M9 2007 Gross or manifest clerical error $7,277.53 2006 -59 DiPaolo Investments Inc 2129 Portage Rd, Niagara Falls, ON L2E 664 2006 Ceased to be liable to be taxed at rate it was taxed $13,112.39 2006 -19 City of Niagara Falls PO Box 1023, 4310 Queen St, Niagara Falls, ON L2E 6X5 2007 Became exempt $923.16 2006 -94 Niagara Falls City 4310 Queen St, PO Box 1023, Niagara Falls, ON L2E 6X5 2006 Became exempt $0.00 2007 -21 Niagara Falls City 4310 Queen St, PO Box 1023, Niagara Falls, ON L2E 6X5 2007 Became exempt $276.95 2006 -98 Huggins, Gerald and Julie 6347 Montrose Rd, Niagara Falls, ON L2H 1L8 2006 Damaged by fire, demolition or otherwise $471.66 2006 -99 1473869 Ontario Inc 6000 Progress St, Niagara Falls, ON L2E 6X8 2006 Damaged by fire, demolition or otherwise $156.67 2007 -23 1473869 Ontario Inc 6000 Progress St, Niagara Falls, ON L2E 6X8 2007 Damaged by tire, demolition or otherwise $1,538.59 2006 -100 Hydro One Networks Inc Assessment Taxation, P.O. Box 4300, Markham, ON L3R 5Z5 2006 Damaged by fire, demolition or otherwise $317 2007 -25B Mussari, Tommaso 2095 Stanley Ave, Niagara Falls, ON L2E 6S4 2007 Gross or manifest clerical error $1,358.37 2007 -25 Mussari, Tommaso 2095 Stanley Ave, Niagara Falls, ON L2E 654 2006 Gross or manifest clerical error $1,206.47 2007 -101 DiRienzo, Angeline Maria 7266 Casey St, Niagara Falls, ON L2J 3R3 2006 Damaged by fire, demolition or otherwise $361.07 2007 -26 DiRienzo, Angeline Maria 7266 Casey St, Niagara Falls, ON L2J 3R3 2007 Damaged by fire, demolition or otherwise $2,172.85 2007 -33 River Realty Development (1976) Inc PO Box 576, Niagara Falls, ON L2E 6V2 2007 Gross or manifest clerical error $15,254.02 2007 -67 Women's Place of South Niagara P.O. Box 184, Welland, ON L3B 5P4 2007 Became exempt $1,642.33 2007-34 City of Niagara Falls PO Box 1023, 4310 Queen St, Niagara Falls, ON L2E 6X5 2007 Became exempt $1,230.87 2007 -35 City of Niagara Falls PO Box 1023, 4310 Queen St, Niagara Falls, ON L2E 6X5 2007 Became exempt $76.93 2007 -38B 1314488 Ontario Limited PO Box 688, Niagara Falls, ON L2E 6V5 2006 Mobile unit removed $110.95 2007 -38 1314488 Ontario Limited PO Box 688, Niagara Falls, ON L2E 6V5 2007 Mobile unit removed $353.88 2007 -396 Pensford Developments Inc 4125 Upper Middle Rd, Unit 2, Burlington, ON L7M 4G4 2006 Gross or manifest clerical error $0.00 2007 -39 Pensford Developments Inc 4125 Upper Middle Rd, Unit 2, Burlington, ON L7M 4G4 2007 Gross or manifest clerical error $0.00 2006 -19 Anderson, Darrell Karen 8778 Champlain Drive, Niagara Falls, ON L2G 6Y6 2006 Damaged by fire, demolition or otherwise $54.92 2008 -108 McMillan, Timothy Robert 9458 Willoughby Dr, RR 3, Niagara Falls, ON L2E 6S6 2006 Damaged by fire, demolition or otherwise $304.92 2007 -43 McMillan, Timothy Robert 9458 Willoughby Dr, RR 3, Niagara Falls, ON L2E 6S6 2007 Damaged by fire, demolition or otherwise $1,387.40 APPLICATION FOR CANCELLATION, REDUCTION OR REFUND OF TAXES (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her/his records. Page 1 Assessment Region NIAGARA Appl. Name and Address of Applicant Taxation Year Reason r App ication Reduction Amount 2007 -44 1546952 Ontario Limited 8921 Sodom Rd, Niagara Falls, ON L2E 656 2007 Gross or manifest clerical error $719.39 TOTAL $69,517.83 APPROVED this 25 th day of June, 2007 APPLICATION FOR CANCELLATION, REDUCTION OR REFUND OF TAXES (Pursuant to Section 358 and 357 (1) (a), (b), (c), (d), (e), and (g) of the Municipal Act) Municipality CITY OF NIAGARA FALLS Page 2 Assessment Region NIAGARA I hereby apply for the cancellation, reduction or refund of taxes as set out below and certify that the Regional Assessment Commissioner has verified that the information contained in this application is in accordance with her /his records. REPORT NO. F- 2007 -26 June 25, 2007 IS- 2007 -03 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagarajlalls CANADA Re: IS- 2007 -03 Trans Canada Confidentiality Agreement 1) That the City of Niagara Falls enter into a Confidentiality Agreement with Trans Canada Pipelines Ltd; and 2) That the Mayor and Clerk be authorized to sign the agreement. BACKGROUND: "The Corporation of the City of Niagara Falls wishes to enter into a confidentiality agreement with "Trans Canada Pipelines Ltd." in order to receive digital information depicting the pipelines location within the municipal boundary of Niagara Falls. The purpose of this legal agreement is to establish a method by which the City of Niagara Falls can obtain digital data, from Trans Canada Pipelines Ltd., and establish acceptable guidelines for it's use. In the past, the City has entered into a number of different legal agreements in order to obtain digital data products from outside agencies. This practice allows staff to streamline the data entry process and to improve the accuracy of information by having it provided directly from it's originating source. By signing this agreement with Trans Canada Pipelines Ltd., and including "Schedule A" for clarification, the City may use the data for any planning related purposes including Official Plan and Zoning schedules, displays at public meetings, hard copies to land owners developers and consultants. The main purpose of the agreement is to prohibit the municipality from sharing the data files in a digital format, which the City has no intention of doing in any event. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca This agreement is at no e City and will be for a term of Five years. Working Together to Serve Our Community Corporate Services Department Information Systems June 25, 2007 Recommended by: Approved by: `6•/�PiI�� Respectfully submitted: k John MacDo ministrative Officer 2 Lynn ect• of I •r ation System Working Together to Serve Our Community IS- 2007 -03 Council's concurrence of the recommendation an agreement to authorize the Mayor and Clerk to sign the agreement uld be appreciat K. E. Burden, Acting Executive Director of Corporate Services nald hief Ad Corporate Services Department Information Systems Schedule A Trans Canada Pipelines Ltd. Confidentiality Agreement From: "Darlene Truax" <darlene@meridianplan.ca> To: "'Janet Kuipers'" <janet@niagarafalls.ca> Date: 5/16/2007 2:34 PM Subject: RE: Fwd: TransCanada Confidentiality Agreement Hi Janet, The Planning Authority may use the TransCanada data for any planning related purposes including OP Zoning Schedules, for display at public meetings, hard copies to landowners, developers etc. The confidentiality agreement is to prohibit municipalities from sharing the digital data files with the public. And yes, other municipalities have signed the agreement. Let me know if you require further clarification. Thank you, Darlene Original Message From: Janet Kuipers [mailto:janet @niagarafalls.ca] Sent: Tuesday, May 15, 2007 1:57 PM To: darlene@meridianplan.ca Subject: Re: Fwd: TransCanada Confidentiality Agreement Darlene: My name is Janet Kuipers and I am the Manager of GIS Services for the City of Niagara Falls On I am not quite sure why the City is being asked to sign a confidentiality agreement of this nature before receiving the location of your pipeline in a digital format. This agreement depicts "everything" as Confidential and only transferable to the Planning Authority, 'however we are the Planning Authority so how does that work? All we are asking for is locational information confirming where the pipeline cuts through our municipal boundary. Our city mapping already depicts this location in hard copy form and on our Internet site so that others can be made aware of the pipeline location and to be sensitive to its existence. This also allows us to ensure any development in the area takes the pipeline into consideration. The entire purpose of getting up -to -date information of the proper location of the pipeline is to disclose the information through Public process. We are quite willing to ensure the data is recognized as your data and we are also agreeable to posting disclaimers if necessary but if we cannot display the information at public meetings etc. it really is of no use. Are other municipalities signing this agreement? Could you please clarify this process for me so I can bring the issue back to our Legal division for review. Thanks Janet "Darlene Truax" <darlene@meridianplan.ca> 4/3/07 3:44 PM Please see attached Agreement for your review. If you have any questions, give me a call or an email. Thank you, Darlene Truax, Planning Coordinator Meridian Planning Consultants 113 Collier St. Barrie, On L4M 1H2 Ph. 1- 866 737 -4512 Fax 705- 737 -5078 June 25, 2007 L- 2007 -27 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: L- 2007 -27 Release of Easement Part Township Lot 196 Plan 245 Our File No.: 2007 -123 RECOMMENDATION: NiagaraJalls CANADA That a Grant of Easement for the purpose of a temporary ditch to handle storm water flows registered on title to part of Township Lot 196 on Plan 245 be released, at no cost to the City. BACKGROUND: In 1968 The Corporation of the City of Niagara Falls (the "City entered into a Grant of Easement with N.P.H.B. Developments Limited "NPHB over part of Township Lot 196 on Plan 245 and as more particularly shown in yellow on Attachment "1". The Grant of Easement served to handle storm water flows until such time as a permanent storm sewer could be constructed, with a provision that the Grant of Easement terminates upon the completion of certain conditions. The Solicitor acting on behalf of the current owner of the property has requested that the Grant of Easement be released from the title to the property. The request was circulated to City Staff and there were no objections to the release. Municipal Works has further advised that the conditions of the Grant of Easement have been fulfilled to the City's satisfaction. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services June 25, 2007 2 The release from title of the Grant of Easement over the subject lands is therefore recommended, which release would be registered on title at no cost to the City. Recommended by: Approved by: K. Beaman /L. Banks Kenneth L. Beaman, Acting City Solicitor L- 2007 -27 K. E. Burden, Acting Executive Director of Corporate Services Respectfully submitted: John MacDonald, Chief Administrative Officer TERANET 20 40 60 80 100 120 metres Jun 11, 2007 Protected by Copyright. May not be reproduced without permission. This map was compiled using plans and documents recorded in the Land Registry System and has been prepared for property indexing purposes only. This is not a Plan of Survey. For actual dimensions of property boundaries, see recorded plans and documents. Teranet Customer Service Centre: 1- 800 208 -5263 (Toronto: 416 360 -1190) June 25, 2007 MW- 2007 -20 His Worship Mayor Ted Salci and Members of Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -20 Hunter Street, Kitchener Street, Union Avenue, Victoria Avenue Parking and Traffic By -law Update RECOMMENDATIONS: Kitchener Street 1. That a "no parking, tow away zone" restriction be implemented on the south side of Kitchener Street between Victoria Avenue and a point 65 metres west of Victoria Avenue; 2. that the metered parking zone on the south side of Kitchener Street be shifted westerly and be situated between a point 65 metres west of Victoria Avenue and a point 100 metres west of Victoria Avenue; Hunter Street NiagaraFallsA CANADA 3. that the "no parking, tow away zone" restriction on the northeast side of Hunter Street between Union Avenue and a point 12 metres southeast of Union Avenue be removed; 4. that the metered parking zone on the northeast side of Hunter Street be extended northwesterly by 35 metres to a point 125 metres northwest of Victoria Avenue; 5. that the existing "no parking, tow away zone" restriction on the southwest side of Hunter Street between Victoria Avenue and a point 66 metres northwest of Victoria Avenue be extended northwesterly to a point 15 metres northwest of Union Avenue; 6. that the existing "no parking, except by permit" restriction on the southwest side of Hunter Street betweep Kitchener Street and a point 66 metres west of Victoria Avenue be reduced a' a noint 15 metres northwest of Union Avenue; 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services June 25, 2007 Victoria Avenue 2 MW- 2007 -20 7. that the existing "no stopping" restriction on the west side of Victoria Avenue between a point 30 metres north of Kitchener Street and a point 50 metres south of Kitchener Street be amended to include a "tow away zone"; 8. that the existing "no stopping, except Sundays, 9:00 a.m. to 1:00 p.m." restriction on the west side of Victoria Avenue between a point 50 metres south of Kitchener Street and a point 15 metres north of Bender Street be amended to include a "tow away zone"; 9. that the existing "no stopping" restriction on the west side of Victoria Avenue between a point 15 metres north of Bender Street and a point 25 metres south of Hunter Street be amended to include a "tow away zone"; and, Union Avenue 10. that all schedules in parking and traffic by -law 89 -2000 referencing Union Avenue be annulled or amended as necessary. BACKGROUND: A site plan application was recently approved for the redevelopment of a hotel on the west side of Victoria Avenue opposite of Bender Street. The site has frontages on four streets Hunter Street, Kitchener Street, Union Avenue, and Victoria Avenue. In April of this year, City Council approved the closure and conveyance of Union Avenue to the developer. All parking and traffic by -laws referencing Union Avenue need to be removed or revised accordingly. The redevelopment modified the location of several driveways to the site. As a result, a number of parking by -law modifications are necessary to comply with the amended site conditions. The signs on Victoria Avenue will be replaced to include a "tow away zone" tab, which is common in the tourist districts as the existing signs are currently in need of replacement. The permanent closure of Union Avenue allows the opportunity to expand the metered parking zone. Staff is recommending that the metered parking zone on Kitchener Street will be shifted west to the former west curb line of Union Avenue. Likewise, the metered parking zone on Hunter Street is recommended to be extended northwesterly to the existing permit zone. The developer is aware that all abandoned curb depressions, curb cuts and boulevards abutting the site must be reinstated back to municipal standards at their expense. The developer will be responsible for the cost to remove and /or relocate parking meter equipment on Kitchener Street and Hunter Avenue and all signing and pavement marking modifications necessary on City property as a result of the modified accesses. The metered parking zone that is currently present on the south side of Kitchener Street will be entirely removed as a result of the relocated driveway. During site measurements, it was noted that residences 4864, 4870 and 4874 Hunter Street, across the street from the study area, have been demolished. The parking lot June 25, 2007 3 MW- 2007 -20 for the Hampton Inn has been expanded into these properties. An adjustment to the permit parking zone limits is required, as permit areas abut residential properties only. Recommended by: Karl Dren, Director of Transportation Services Approved by: Respectfully submitted: Ed Dujlovic, Executive Director of Community Services John MacDontd, Chief Administrative Officer J. Grubich S:1TPS \TPS 1.00 Administration \TPS 1.06 Reports\2007 Counci1106 June 25\MW- 2007 -20 Hunter St, Kitchener St, Union Ave Victoria Ave Parking By- law.wpd Residential is Ili im ilik7iomparceiniiimismaa mosii ii Tony's Place; Secondary Restaurant Driveway 1111.1•1•1•1•1•1•1111 No Parking, Tow Away Zone No Stopping, Tow Away Zone No Stopping, Except Sundays, 9:00 a.m. to 1:00 p.m., Tow Away Zone No Parking, Except by Permit, Tow Away Zone 11111111111 1 Metered Parking COMMUNITY SERVICES DEPT. iagarapalls TRANSPORTATION SERVICES Hunter Street, Kitchener Street, Union Avenue, Victoria Avenue Parking By -law Update June 11, 2007 John Grubich June 25, 2007 MW- 2007 -54 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -54 Amendment to By -law 89 -2000 Section 209.11- Parking Meter Exemptions RECOMMENDATION: Niagaraflalls CANADA It is recommended that Section 209.11 of By -law 89 -2000 regulating parking and traffic on City roads be updated to state the following: A privately owned vehicle, identified by an official handicapped permit displayed in the windshield or a valid government issued `Veterans" license plate for up to two hours or the maximum period of time indicated on the face of the meter, whichever is Tess, as identified in Schedule "G". BACKGROUND: At its November 21, 2005 meeting, Niagara Falls City Council passed a motion to exempt vehicles displaying specialized Veteran License Plate from parking fees at on- street parking meter and parking ticket dispensing machine locations for their duration of operation on a year round basis. To make this motion valid and legal, the text in Section 209.11 of By -law 89 -2000 is recommended to be updated as stated above. Recommended by: Approved by: Karl Dren, Director of Transportation Services Ed Dujlovic, Executive Director of Community Services Respectfully submitted: 6or John MacDonald, Chief Administrative Officer 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Tim Burshteln S: \TPSITPS 1.00 Administratlon \TPS 1.08 Reports12r.iF:% i 806 June 251MW- 2007 -54 Amendment to By-law 89.2000 parking meter exemptions.wpd Working Together to Serve Our Community Community Services Department Transportation Services June 25, 2007 MW- 2007 -55 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario NiagaraJalls CANADA Members: Re: MW- 2007 -55 Stop Signs at Railway Crossings RECOMMENDATIONS: It is recommended that this report be received by council for information. BACKGROUND: Staff has investigated the possibility of installing stop signs at railway crossings not protected by safety devices such as an automated gate and flashing lights and where advisory signs had previously been installed forewarning motorists to "be prepared to stop" and /or "stop before crossing" due to limited visibility. Previously, the Highway Traffic Act did not allow stop signs to be installed at railway crossings. A 2002 amendment to the Act that commenced Jan 1, 2006, states that every driver of a vehicle approaching a stop sign at a railway crossing shall stop the vehicle unless otherwise directed by a flag man. Three at -grade rail crossings in rural Niagara Falls are currently unprotected and have advisory signs as a result of limited visibility. These locations also have installed the standard cross bucks (X) sign. Due to overgrown vegetation on private property surrounding the rail /highway crossing and due to the skew of the railway tracks, drivers are unable to see approaching trains unless the vehicle is at/near the crossing. Therefore a stop sign will be installed at the following three locations: 1) Lincoln Street at the Railway Crossing facing eastbound and westbound motorists 2) Yokom Road at the Railway Crossing facing eastbound and westbound motorists 3) Morris Road at the Railway Crossing facing northbound and southbound motorists. Staff has also met with CN and, Transport Canada representatives and has requested the trimming of the shrubb ongside the tracks to improve visibility. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services Recommended by: Approved by: 2 Parking and traffic by -law 89 -2000 requires an amendment for legal enforcement of the stop signs. Therefore, By -law 89 -2000 regulating parking and traffic on City roads will be amended to add a new section 402.02 stating The City of Niagara Falls shall erect stop signs on the highways, at railway crossings set out in Columns 1 and 2 of Schedule "P1" of this by -law, facing traffic proceeding the direction set out in column 3 of the said schedule and a new schedule "P1" for stop signs at railway crossings. Karl Dren, Director of Transportation Services Ed Dujlovic, Executive Director of Community Services Respectfully submitted: L 6.r John Mac onald, Chief Administrative Officer Tim Burshtein S:1TPSITPS 1.00 Adminlstration\TPS 1.06 Reports12007 Counc11106 June 251MW- 2007 -55 Stop Signs at Railway Crossings.wpd June 25, 2007 MW- 2007 -55 Schisler Road Lincoln Street NORTH Proposed Stop Signs at Railway Crossings t NOT TO SCALE June 25, 2007 MW- 2007 -65 Niagara CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -65 Consultant Appointment Baldwin Avenue /Mulhern Street Watermain Replacement RECOMMENDATION: 1) That the City of Niagara Falls, in accordance with the City's Consultant Selection Policy, enter into a Consulting Services Agreement with Matthews, Cameron, Heywood Kerry T. Howe Surveying Limited for the Engineering Survey component of a watermain replacement project on Mulhern Street from Paddock Trail Drive to Montrose Road, and on Baldwin Avenue from Mulhern Street extending 200 metres to the north to a newer existing PVC watermain, 2) that the upset limit of project is $14,102.00, excluding GST and, 3) that the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: In 2006, staff determined that the watermains on Mulhern Street from Paddock Trail Drive to Montrose Road, and on Baldwin Avenue from Mulhern Street extending 200 metres to the north to a newer existing PVC watermain required replacement to provide an increased service to the residents and surrounding businesses. The existing cast iron watermains are in excess of 50 years old have a history of frequent breakages. The watermain replacement design is intended to be completed by In -house staff. However, in order to meet the intended construction schedule for completion this year, staff is of the opinion that a consultant be retained to complete the Engineering Survey phase of the project. As per the City's Consultant Selection Policy, direct appointment for consultants up to $60,000.00, Matthews, Cameron, Heywood Kerry T. Howe Surveying Limited has been selected to complete this work. This consultant has previously performed similar type of work for the City of Niagara Falls, and is well familiar with City policies, procedures and standards for Engineering Surveys. We, therefore, are of the opinion that this consultant is capable of successfully undertaking this project. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works June 25, 2007 2 MW- 2007 -65 The design and completion of the subject project will provide an increased level of service to the local residents in both potable water and firefighting flows as well as improving the City's conveyance system. The project design will be completed through the summer of 2007 with a fall of 2007 target for construction. The funding source for this project is identified in the 2007 Capital Budget as part of the annual watermain replacement program. Funding: Watermain Replacement Program G/L #12 -3- 430003 030000 Council's concurrence with this report would be appreciated. Recommended by: Approved by: Geoff Holman, Director of Municipal Works Ed Dujlovic, Executive Director of Community Services Respectfully submitted: 6o(John MacDonaid, Chief Administrative Officer K. Schachowskoj S:\REPORTS12007 Reports \MW 2007 -65 Baldwin Mulhem Watermain Replacement.wpd 14,102.00 MAY -29 -2007 May 29, 2007 16:20 City of Niagara Falls 4310 Queen St. P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: Mr, Kent Schachowskoj, P.Eng. Matthews ,Cameron ,Heywood MATTHEWS, CAMERON, HEYWOOD KERRY T. HOWE SURVEYING LTD, ONTARIO LAND SURVEYORS PROFESSIONAL ENGINEE Offices at Niagara Falls, St. Catharines Lindsay Norms &RemrpaorL Blake Mobs, OL,S„ Pans, Robert H FuSik 0 L S. P Pea., 'Moroi*. CaMll, O L 5233 Stanley Avenm Unit tit, Nipara Fans, Onsano L2E 7C2 Phone(905)3583693 Fax (9 wwW.t esurveyonon Andrew Cameron, O.L.S., P,Eng, H immglbegher, O.L.S. C.L.S. Allan J. Heywood, 0.L.S. Gerald Mama, O L 3 k idol Mee Math RaNnatdJ, Mlnhew4 O.L.s. MA) RE: Request for Proposal Engineering Survey File No. 191-07 Work Schedule 9053586224 Day 6 to 16: Complete field survey and verify data collection and field accuracies (Quality Control) on a daily basis. P.01 /02 Dear Mr. Schachowskoj: Thank you for the opportunity to provide this proposal. We have contacted Bob Darrel in the not too distant past, probably a few months, about getting up-to -date layering information and coding. At that time he did not want to provide information because the City and Region were working together to combine standard requirements. I would anticipate some time will be required to implement the new requirements in our system to provide information to the City in their desired format. We will make every effort to please the City with both our product and timing of this project. We would be able to commence work on this project within 5 working days of your authorization to proceed. Day 1 &2: Research office records for information including horizontal and vertical control information to be utilized. Review and organize City information ready for field. Meet with City official to confirm data pickup format. D4y3 &4: Field locate all maintenance holes and valve boxes and provide plan to City indicating address of valve boxes that cannot be found. Wait for City response to locate information. Day 5: Field pick up of information for approval by City official. (Test run). Wait for City response to continue. Continued/ 2 A MAY -29 -2007 16 :20 Dav 17 to 20 Of verification and field inspection of data collected including data connectivity checks. Provide final returns to City. Somewhat depending on the City response times to items requested before work can commence, I would expect the project to be completed within 1 month. licheduk of Fees 2 man field crew and equipment $115.00 hour Senior CAD operator /calculator 68.00 hour O.L.S. Supervision fee $110.00 hour Office components: Estimated fee for service (includes supervision fees) 2,512.00 Field com..nents: Estimate fee for fieldwork 11,040.00 Total Fees Out -of- Pocket Disbursements 13,650.00 650.00 Total 14,102.00 GST Sbould you have any questions or wish to discuss the project further please do not hesitate to contact myself or Andy Cameron, P.Eng., OLS of our office. Thank you. Yours truly, MATTHEWS, CAMERON, HEYWOOD KERRY T. HOWE SURVEYING LTD. Allan I. Heywood, O.L.S. AH/ddb Enclosures Matthews +Cameron ,Heywood 9053586224 P.02 /02 TOTAL P.02 June 25, 2007 MW- 2007 -69 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Niagaraj'alls CANADA Re: MW- 2007 -69 Policy Development Traffic Calming Review RECOMMENDATION: It is recommended that: 1. Delcan be hired to complete the Traffic Calming Review for Preakness Street Beaver Valley Subdivision, Callan Lamont and update the City policies related to Speed Hump and Traffic Calming installations; and, that the Mayor and Clerk be authorized to execute the necessary agreements at a cost of $54,325.00 excluding GST. A review of traffic calming devices and their need for installation is required to be carried out at three locations in response to previous commitments. 1. Resulting from the construction of the Shoppers Drug Mart on Montrose Road Preakness Street, residents have requested traffic calming on Preakness Street to deter cut through traffic as well as curtail motorists speeds. The developer has provided a $10,000.00 financial contribution towards this initiative. 2. Further to report MW- 2006 -45 Beaver Glen Drive Beaverton Boulevard (Intersection Control Review) and the installation of stop signs as recommended in the report, staff was directed to carry out a traffic calming assessment for the subdivision. 3. Further to report MW- 2006 -132, Callan Street Lamont Avenue, staff was requested to review the installation of the all -way stop after 6- months and assess the feasibility of traffic calming devices. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services June 25, 2007 MW- 2007.69 2 Thus, in order to assess whether traffic calming devices are warranted at these locations, an update to the current policies is required to ensure that regulations and the most up to date practices are fulfilled. Therefore, staff is recommending that Delcan be hired to complete the process for the traffic calming initiatives and policy update. Delcan has previously carried out traffic calming initiatives within the city when the process was mandated through the Municipal Class Environmental Assessment. Delcan Corporation has submitted a proposal in the amount of $54,325.00 to complete the works. The works have been budgeted for in the 2007 Capital Budget for Traffic Calming Initiatives. Financing: The project cost is $54,325.00 excluding GST Funding: 2007 Capital Works Traffic Calming $80,000.00 Developer Contribution $10,000.00 Recommended by: Approved by: Respectfully submitted: L2 Karl Dren, Director of Transportation Services Ed Dujlovic, Executive Director of Community Services John MacDonald, Chief Administrative Officer M.Carrick S: \TPS\TPS 1.00 AdrnlnIstration \TPS 1.06 Reports12007 Cound1106 June 26 \MW- 2007 -69 Traffic Calming Polley Development.wpd June 25, 2007 MW- 2007 -72 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2007 -72 Contract 2007 -03 Phase #2 Asphalt Overlay Phase #2 RECOMMENDATION: That the unit prices submitted by the lowest tenderer Norjohn Contracting and Paving be accepted and; that approval be granted for the contract amount from the 2007 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: NiagaraFalls CANADA The Tender Opening Committee, in the presence of the City's Clerk, Mr. Dean lorfida, opened tenders on Tuesday, June 12 2007 at 1:30 p.m. for the above noted contract. Tender documents were picked up by seven (7) Contractors and seven (7) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the Contractors. Along with the corrected bids( 1. Norjohn Contracting 2. Economy Paving 3. Hard Rock Construction 4. Rankin Construction 5. A -1 Asphalt Maintenance 6. Circle P. Paving 7. Steed Evans Niagara Falls 207,431.85 Niagara Falls 235,000.00 Port Colborne 235,500.00 St Catharines 237,420.00 Burlington 239,609.04 239,089.24 Stevensville 248,829.00 248,729.00 Thorold 267,985.30 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Departmr Municipal Works June 25, 2007 The lowest tender was received from Norjohn Contracting Paving in the amount of 207,431.85 This contractor has performed similar type projects for the City. We are of the opinion, that this contractor is capable of successfully undertaking this project. The engineer's estimate for this contract was 220,000.00 Project Costs: Awarded Contract (excluding GST) Funding: Recommended by: Approved by: 2 MW-2007-72 207,431.85 Total 207,431.85 2007 Asphalt Overlay Road Rehabilitation Program (Account No. 12 -3- 310024 030000) 207,431.85 Total 207,431.85 This project is scheduled to commence construction July 23, 2007 and all work is to carry through up to the scheduled 30 working days. Council's concurrence with the recommendation made would be appreciated. Geoff Holman, Direcor of Municipal Works Ed Dujlovic, Exe tive Director of Community Services al Respectfully submitted: t er( John Ma cDo d, Chief Administrative Officer F. Tassone S:IREPORTS12007 Reports MW-2007-72- Contract 2007 -03 Asphalt overlay Phase 2.wpd June 25, 2007 MW- 2007 -73 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraj1alls CANADA Re: MW- 2007 -73 Contract 2007 157 -05 Don Murie Street CuI -De -Sac Construction RECOMMENDATION: That the unit prices submitted by the lowest tenderer Rankin Construction be accepted and; that approval be granted for the contract amount from the 2007 Capital Budget and; that the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: The Tender Opening Committee, in the presence of the City's Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, June 19 2007 at 1:30 p.m. for the above noted contract. Tender documents were picked up by eight (8) Contractors and seven (7) bids were received. Listed below is a summary of the totalled tendered prices, excluding GST, received from the Contractors. 1. Rankin Construction St. Catharines 238,994.00 2. Alfidome Construction Niagara Falls 254,810.00 3. Stevensville Lawn Service Stevensville 282,672.00 4. Economy Paving Niagara Falls 283,500.00 5. Steed Evans Thorold 283,995.00 6. Circle P. Paving Stevensville 294,765.00 7. Peters Excavating Fort Erie 300,810.50 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Departmt Municipal Works June 25, 2007 2 MW- 2007 -73 The lowest tender was received from Rankin Construction in the amount of $238,994.00 This contractor has performed similar type projects for the City. We are of the opinion, that this contractor is capable of successfully undertaking this project. The engineer's estimate for this contract was 215,000.00 Project Costs: Awarded Contract (excluding GST) Funding: 238,994.00 Total 238,994.00 Don Murie Street Cul -De -Sac (Account No. 12 -3- 310054 030000) 220,000.00 2007 Asphalt Overlay Road Rehabilitation Program (Account No. 12 -3- 310024 030000) 18,994.00 Total 238,994.00 This project is scheduled to commence construction July 30, 2007 and all work is to carry through up to the scheduled 30 working days. Council's concurrence with the recommendation made would be appreciated. Recommended by: Approved by: Respectfully submitted: Geoff Holman, Director of Municipal Works Ed Dujlovic, Executive 'rector of Community Services 6w John MacDonald, Chief Administrative Officer F. Tassone S:IREPORTS12007 Reports\MW- 2007 -73- Contract 2007 157 -05 Don Murie Cul -De -Sac .wpd CITY OF NIAGARA FALLS By -law No. 2007 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 "C" and Schedule "C" attached hereto shall be inserted in lieu thereof. 2. By -law No. 2002 -081 is amended by deleting Schedule "D1" and Schedule "DI" attached hereto shall be inserted in lieu thereof. 3. By -law No: 2002 -081 is amended by deleting Schedule "D4" and Schedule "D4" attached hereto shall be inserted in lieu thereof. Passed this twenty -fifth day of June, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 25, 2007. June 25, 2007. June 25, 2007. 1. Parking By -law Enforcement Officers: Sam Arnold Charles Arsenault James Edward Bird Gordon Boardman Gabe Bogucki Robert Bunn Bob Bunston Bill Crowder Alex DeGaust Raymond Devitt Larry Downing John Formica Hanya Goforth William Graham Brian Green Steve Hamilton Kevin Howe Les Jarvis Norm Leonard David Lewis Jason MacLean Rob McDonald Edward Allan McDonnell John McLeod John McPherson Shawna McSporran Al Poisson Jim Reggler Stewart Rodgers David Smith Gary Statchura Jana Vermeulen Sue Wheeler Brenda Wylie SCHEDULE "C" SCHEDULE "Dl" FACTORY ONE OUTLET MALL 1. Parking By -law Enforcement Officers on private property: Charles Coffman Richard Cooper Nick Galotta Eli Hoffmann Terry Loiselle SCHEDULE "D4" HOCO LIMITED 1. Parking By -law Enforcement Officers on private property: Keith Bennett Tyler Berketa Mike Bourdon Blair Cottage Dean Murray Mike Van Maarren Jason White Jason Young CITY OF NIAGARA FALLS By -law No. 2007 A by -law to permanently close part of a highway. WHEREAS Section 34 of the Municipal Act, provides, in part, that the council of every municipality may pass by -laws to permanently close any highway; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Part of Lot 5 Concession Broken Front Crowland; Part of Lot 6 Concession Broken Front Crowland being a forced road lying through between Grassy Brook Road (formerly Creek Road) designated as Parts 3 and 4 on Reference Plan 59R- 13238; in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 2. Part of Lot 3 Concession Broken Front Crowland; Part of Lot 4 Concession Broken Front Crowland being a forced road lying through being Grassy Brook Road (formerly Creek Road) designated as Parts 2, 5, 6 and 7 on Reference Plan 59R 13238; in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 3. Road allowance between Lots 4 and 5 Concession Broken Front Crowland being Crowland Road (formerly Argyle Road) designated as Part 1 on Reference Plan 59R 13238; in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby permanently closed. 4. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this twenty-fifth day of June, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 25, 2007. June 25, 2007. June 25, 2007. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to establish Part 1 on Reference Plan 59R -13413 as a public highway, to be known as and to form part of Buchanan 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: 1. That Part 1 on Reference Plan 59R- 13413, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part 1 on Reference Plan 59R -13413 that is hereby established as a public highway, be known as and form part of Buchanan Avenue. Passed this twenty-fifth day of June, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: June 25, 2007. Second Reading: June 25, 2007. Third Reading: June 25, 2007. CITY OF NIAGARA FALLS By -law No. 2007 A by -law to amend By -law No. 79 -200, being a by -law to permit the existing one family detached dwelling to be used as a cottage rental dwelling THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet A5 of Schedule "A" to By-law No. 79 -200 is amended by numbering 787, the land on the south side of Lundy's Lane, west of Garner Road, being Part of Township Lot 138, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara and shown hatched and designated A and numbered 787 on the plan Schedule 1, attached to and forming part of this by -law. 2. None of the provisions of section 12.1 of By -law No. 79 -200 shall apply to prevent the use of the land described in section 1 of this by -law and shown hatched and designated A and numbered 787 on the plan Schedule 1 attached hereto, or the use of the existing one family detached dwelling thereon, for the purpose of a cottage rental dwelling, except in compliance with the following regulation: (a) Maximum number of bedrooms in the 4 cottage rental dwelling 3. For the purpose of this by -law, "cottage rental dwelling" means a one family detached dwelling that is rented in its entirety to one group of travellers at a time for a period of less than 28 days at one time. 4. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.787 None of the provisions of section 12.1 of By -law No. 79 -200 shall apply to prevent the use of the land on the south side of Lundy's Lane, west of Garner Road, designated A and numbered 787 on Sheet A5 of Schedule "A or the use of the existing one family detached dwelling thereon, for the purpose of a cottage rental dwelling, except in compliance with By- lawNo. 2007- Passed this twenty -fifth day of June, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 25, 2007 June 25, 2007 June 25, 2007 Subject Land SCHEDULE 1 TO BY -LAW No. 2007 Description: Applicant: Assessment 272510000604500 Amending Zoning By -law No. 79 -200 Part of Township Lot 138, in the former Township of Stamford, now in the City of Niagara Falls, in the Regional Municipality of Niagara Kenneth Moore 1:NTS AM- 43/2006 K: \GIS_Requests\ 2006\ Schedules \zoningAt4 M- 43 \mapping.map May 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to designate Lots 1 to 18 (inclusive), Lots 26 to 29 (inclusive) and Blocks 33 to 41 (inclusive), Registered Plan 59M -340, not be subject to part-lot control. WHEREAS subsection 50(7) of the Planning Act, R.S 1990, provides, in part, that the council of a local municipality may by by -law designate lands that would otherwise be subject to part-lot control, not be subject to such part-lot control; AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be approved by the appropriate approval authority, that being The Regional Municipality of Niagara as per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by Regional Municipality of Niagara By -law No. 8819 -97; AND WHEREAS the owner of the said land intends to construct semi detached dwellings on Lots 1 to 18 (inclusive) and Lots 26 to 29 (inclusive), and construct on- street townhouse dwellings on Blocks 33 to 41 (inclusive), all in accordance with the provisions of By -law No. 2005 -84; AND WHEREAS the owner of the said land wishes to create property lines between the semi- detached dwelling units and the on- street townhouse dwelling units in order to permit each unit to be sold separately; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to designate that the said land not be subject to part-lot control. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That subsection 50(5) ofthe Planning Act, R.S .0. 1990, not apply to Lots 1 to 18 (inclusive), Lots 26 to 29 (inclusive) and Blocks 33 to 41 (inclusive), Registered Plan 59M -340, in the City of Niagara Falls, in the Regional Municipality of Niagara. 2. This by -law shall remain in full force and effect for five years from the date of passage of this by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect. Passed this twenty-fifth day of June, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 25, 2007 June 25, 2007 June 25, 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the execution of an Agreement with Cytec Canada Inc. and Falls Community Development Inc., respecting the donation of certain lands to the City to be used for the construction and development of a public arena and related facilities. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated March 15, 2007 and made between Cytec Canada Inc. as Donor, The Corporation of the City of Niagara Falls as City and Falls Community Development Inc. as Tenant, respecting the donation of certain lands by the Donor to the City to be used by the City for the construction and development of a public arena and related facilities, and certain other agreements among the parties in connection therewith, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this twenty -fifth day of June, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 25, 2007 June 25, 2007 June 25, 2007 BETWEEN: RECITALS: THIS AGREEMENT is made as of the 15 day of March, 2007 CYTEC CANADA INC., a corporation incorporated pursuant to the laws of the Province of Ontario "Donor (the "City "Tenant and h:\wpdocs \ptd \city of niagara falls \twin pad development project\agreement with cityv2.doc OF THE FIRST PART THE CORPORATION OF THE CITY OF NIAGARA FALLS, a municipal corporation under the Municipal Act of the Province of Ontario OF THE SECOND PART FALLS COMMUNITY DEVELOPMENT INC., a corporation incorporated pursuant to the laws of the Province of Ontario OF THE THIRD PART A. Donor is the owner of land in the City of Niagara Falls, Ontario, known municipally as 4001 Fourth Avenue, Niagara Falls, Ontario which land is more particularly described on Schedule "A" to this Agreement (the "Land B. Pursuant to an unregistered lease dated December, 1998 made between Donor, as Landlord, and Tenant, (the "Lease Donor leased the Land to Tenant and granted to Tenant an option to purchase the Land on the terms and conditions set out in the Lease; C. Donor is prepared to donate to the City the portion of the Land more particularly described on Schedule "B" for the construction of an arena complex (the "Arena Lands on the terms and conditions hereinafter set out; 2 D. Each Party acknowledges that portions of the Land, including the Arena Lands, formerly were the location of industrial operations, including the manufacture of fertilizers and industrial chemicals and may require environmental site assessment, risk assessment, remediation and risk management. NOW, THEREFORE, THIS AGREEMENT WITNESSES that, in consideration of the mutual covenants hereinafter expressed and other good and valuable consideration (the receipt and sufficiency of which are acknowledged by each of them), the Parties hereby agree as follows: ARTICLE 1 DEFINITIONS 1.1 Defined Terms. In this Agreement, the following capitalized terms shall have the meanings herein ascribed to them: (a) "Access Agreement" means the agreement made as of the 24 day of May, 2006 between the Donor and the City and entitled "Access Agreement; (b) "Action" means any manner of action, suit, proceeding, claim, demand, order or investigation (whether civil, criminal, administrative or otherwise and whether made by any person, firm, corporation, government, or by any governmental department, body, commission, board, bureau, agency or instrumentality, including, without limitation, any and all appeals); (c) "Adjustments" means the adjustments provided for and determined pursuant to Section 2.2; (d) "Arena Lands" has the meaning ascribed thereto in Recital C; (e) "Business Day" means any day other day than Saturday, Sunday or a statutory holiday in Ontario; (0 "Certificate of Property Use" means that instrument issued pursuant to the EPA obligating the owner of property to undertake certain specified risk management measures; (g) "City Solicitor" means the City Solicitor for the City of Niagara Falls; (h) "City's solicitors" means McLean Kerr LLP; (i) "Closing" means the completion of the transaction contemplated by this Agreement; (j) "Closing Date" means ten (10) Business Days after the City has waived the conditions in Section 7.1 hereof or such other date or dates as the Donor and the City may agree; h:lwpdocslptd\city of niagara falls\twin pad development project\agreement with city- v2.doc (k) "Condition Date" means the earlier of July 15, 2007 or twenty (20) Business Days after the Record of Site Condition for the Arena Lands has been acknowledged by the Director of the MOE; (1) Cytec Parties" means Cytec Canada Inc. and Cyanamid of Canada Inc. and, with respect to each of the foregoing, their parents, subsidiaries, affiliates, employees, officers, directors, principals, attorneys, representatives and agent and their respective heirs, successors and assigns; (m) "Donor's Solicitors" means Davis Company LLP; (n) "Environmental Site Registry" has the meaning provided in the EPA; (o) "EPA" means the Environmental Protection Act, R. S. O. 1990, as amended; (p) "GMF Funds" means the proceeds of the approved Federation of Canadian Municipalities Green Municipal Fund loan to the City relating to the brownfield remediation of the Land; (q) 3 "Hazardous or Regulated Substances" means, collectively, any contaminant (as defined in the EPA), toxic substances (as defined in the Canadian Environmental Protection Act, R. S. C. 1985, as amended), dangerous goods (as defined in the Transportation of Dangerous Goods Act, R. S. O. 1990, as amended) and any pollutant or any other substance which when released into the natural environment is likely to cause, at some immediate or future time, an adverse effect (as defined in the EPA). on the natural environment or a material risk to human health; (r) "Existing Environmental Conditions" means those Hazardous or Regulated Substances which are at, on, or emanating from the Land or which have the potential to emanate from the Land, or from conditions on the Land created by the presence of such substances described in any documents or reports prepared for and/or submitted to, or in the possession of Donor as of the Closing Date; (s) "Land" has the meaning ascribed thereto in Recital A; (t) "Lease" has the meaning ascribed thereto in Recital B; (u) "Liabilities" means any and all claims, damages, obligations, liabilities, losses, fines, penalties, actions, judgments, suits, costs, expenses and disbursements of any nature of kind whatsoever, regardless of when or how they arise, whether now accrued or hereafter accruing, including without limitation all fees, charges and disbursements for the services of any experts, all legal fees, charges and disbursement on a solicitor and client basis and any amount paid to settle any actions or to satisfy any judgment; h: \wpdocs\ptd\city of niagara falls\twin pad development project\ agreement with city- v2.doc 4 (v) "MOE" means the Ministry of the Environment of the Province of Ontario; (w) "Proposal" means the proposal for a Green Municipal Fund Brownfield Remediation Low Interest Rate Loan dated November 28, 2005 submitted by the City of Niagara Falls to the Federation of Canadian Municipalities (FCM) and approved by the FCM in the approval letter dated March 22, 2006 and such guidelines and terms determined by FCM, from time to time; (x) "Qualified Person" has the meaning provided in the EPA; (y) "Record of Site Condition" shall mean the document described in Section 168.4(2) of the EPA; (z) "Remediation" means those eligible works approved by FCM for a Remediation Low Interest Loan necessary to render the Land suitable for "community use," "commercial use" and /or "industrial use" as defined by Ontario Reg. 153/04 (or successor requirements) and such conditions that may be imposed by any governmental entity having jurisdiction over environmental matters or contamination of the Land; but shall not include any activity necessary to render the Land suitable for any uses other than "community use," "commercial use," or "industrial use;" (aa) "Donor's Solicitors" means Davis Company LLP. ARTICLE 2 DONATION AND CONVEYANCE 2.1 Subject to the terms and conditions hereinafter set out, the Donor shall donate and convey the Arena Lands to the to the City free of charge, subject to the usual adjustments to be paid on closing by certified cheque, money order or bank draft. This Agreement shall be completed on the Closing Date at the offices of the Donor's solicitors or at such other place as the Parties may mutually agree, subject to real property registrations being electronically effected in the appropriate land registry office. 2.2 There shall be adjusted on Closing all items usual in transactions of this nature including, without limitation, the following items (collectively, the "Adjustments (i) realty taxes and local improvement rates and charges; and (ii) all other items reasonably capable and, subject to the provisions of this Agreement, properly the subject of adjustment in connection with the ownership and operation of the Arena Lands as reasonably agreed between City and Donor. h: \wpdocs \ptd \city of niagara falls\twin pad development project\agreement with city- v2.doc 5 2.3 A statement of adjustments showing a breakdown of the Adjustments for the Arena Lands to which there will be annexed details of the calculations made thereon shall be delivered to the City by the Donor at least five (5) Business Days prior to Closing. 2.4 Adjustments shall be made as of Closing on an accrual basis. From and after Closing, the City shall be responsible for all expenses and shall be entitled to all revenues from the Arena Lands. The Donor shall be responsible for all expenses and entitled to all revenues from the Arena Lands for the period prior to Closing. 2.5 If the final cost or amount of an item which is to be adjusted cannot be determined at Closing, then an initial adjustment for such item shall be made at Closing, such amount to be estimated by the Parties hereto acting reasonably as of the Closing Date on the basis of the best evidence available at the Closing as to what the final cost or amount of such item will be. In each case when such cost or amount is determined, the Donor or City, as the case may be, shall, within 30 days of determination, provide a complete statement thereof to the other and within 30 days thereafter the Parties shall make a final adjustment as of the Closing Date for the item in question. Notwithstanding the foregoing, all adjustments or revisions thereto must be requested within the twelve (12) month period following Closing, after which time neither Party shall have any right to request readjustments. 2.6 In the event there are realty tax appeals for the 2006 or 2007 calendar year(s), the Donor shall be entitled to continue such appeals and shall be entitled to receive any payments resulting therefrom provided all costs for such appeals are borne exclusively by the Donor. Similarly, if the applicable governmental authority reassesses the Arena Lands for the period prior to Closing, all supplementary or omitted tax bills relating to additional taxes relating to such reassessment shall be borne exclusively by the Donor and be paid forthwith to the appropriate taxing authority and the Donor agrees to indemnify and save the City harmless with respect thereto, which indemnity shall survive Closing. ARTICLE 3 DONOR'S DELIVERIES 3.1 The Donor shall deliver to the City: (a) within five (5) business days following execution of this Agreement, copies of all environmental tests and reports relevant to the Arena Lands that are in the possession or control of the Donor; (b) within five (5) business days following execution of this Agreement, any survey of the Arena Lands in the Donor's possession; and (c) from time to time prior to closing, copies of all additional tests, reports, documents and information of the type referred to in section (a), promptly after the Donor obtains possession or control of same. h:lwpdocslptchcity of niagara fallsltwin pad development project agreement with city- v2.doo 6 Donor makes no representations or warranties whatsoever, and expressly disclaims any representations and warranties, regarding the accuracy or completeness of any such materials or any of the information contained therein, and City acknowledges and agrees that City shall have no recourse whatsoever against the Donor or Donor's contractors or agents with respect to or in connection with any materials or information supplied by the Donor to City. If the Agreement is terminated, the City promptly shall return to the Donor the items delivered under section 3.1. ARTICLE 4 ACKNOWLEDGEMENTS 4.1 The Parties hereto acknowledge and confirm that: (a) the Recitals are true and correct; (b) the Arena Lands have a fair market value of $415,156. The City agrees that it will deliver a letter from the City treasurer confirming the value of the donation of the Arena Lands in the form prescribed by the Income Tax Act of Canada to enable Donor to realize any tax benefits that may arise from the donation and transfer of the Arena Lands to the City. ARTICLE 5 DONOR'S REPRESENTATIONS AND WARRANTIES 5.1 The Donor represents and warrants to and in favour of the City that, as of the date hereof (unless otherwise specified) that: (a) the Donor is not, and will not be on the Closing Date, a non resident of Canada within the meaning of section 116 of the Income Tax Act (Canada); (b) the Donor is a corporation validly subsisting under the laws of the Province of Ontario and has the corporate capacity and authority to own the Land and to enter into, execute and deliver this Agreement and complete the transaction contemplated hereby; and (c) the Land has not been ordinarily occupied by any officer, director or shareholder of the Donor or by any of their spouses as their family residence. ARTICLE 6 DONOR'S COVENANTS 6.1 The Donor covenants on or before Closing: (a) (b) to deliver vacant possession of the Arena Lands to the City on Closing; not to conduct any business activities on the Arena Lands save for testing, inspection and remediation work; and h:\wpdocs \ptd\eity of niagara falls \twin pad development project\agreement with city- t2.doc 7. The donation and conveyance of the Arena Lands to the City are subject to the following conditions unless waived by the City on or before the Condition Date: (a) On or before the Condition Date, the City is satisfied, in its sole, absolute and subjective discretion with the results of tests, audits, inspections and investigations performed pursuant to the Access Agreement, the results of any Risk Assessment, and of the City's search of title to the Arena Lands and the City's off -title due diligence; and On or before the Condition Date, a Record of Site Condition for the Arena Lands that permits the intended use as an arena development, certified by a Qualified Person pursuant to the requirements set out in Ontario Regulation 153/04 made under the EPA, has been filed in the Environmental Site Registry and acknowledged by the Director of the MOE. The City may, by notice in writing, notify the Donor that the foregoing conditions are satisfied or that it is waiving same. If no such notice is delivered on or before the Condition Date, the City will be deemed not to have satisfied itself and this Agreement shall thereupon terminate and be null and void and none of the Parties shall thereafter be liable to any other Party for any costs or damages suffered or incurred as a result of this Agreement or the termination thereof. (b) 7.2 The conditions in Section 7.1 are inserted for the sole benefit of the City and may be waived by the City in whole or in part at its sole option at any time on or before the Condition Date. ARTICLE 8 CITY'S ACKNOWLEDGEMENTS 8.1 Subject to the terms and conditions of this Agreement, City acknowledges and confirms the following: (a) Subject to satisfaction of the conditions in Section 7.1, and having inspected the Arena Lands, examined the title thereto and conducted all such inspections and investigations as it deems necessary, it will accept a transfer and take ownership of the Arena Lands on an as -is, where -is basis as provided in this Agreement both as to the physical condition thereof and the title thereto; it will take title to the Arena Lands subject to the provisions of the Record of Site Condition delivered pursuant to Section 7.1(b) and the Certificate of Property Use; (b) 7 (c) not to enter into any lease or agreement to lease or license of the Arena Lands or any part or part hereof. ARTICLE 7 CONDITIONS h:\wpdooslptdlcity ofniagara falls\twin pad development project\agreement with city- v2.doc 8 (c) for period of fifteen (15) years following the Closing, the Arena Lands may only be used for a sports arena and related facilities and title may be subject to a restrictive covenant to this effect; (d) Donor has not made and does not make any warranty or representation oral or written, express or implied, with respect (i) the nature, condition or status of the Arena Lands, including without limitation, the existence or non existence of any environmental condition on the Arena Lands, or the merchantability or fitness for a particular purpose of the Arena Lands, (ii) the nature and extent of any matter affecting title to the Arena Lands, including without limitation any easement, right -of -way, possession, lien, encumbrance, license, restriction or reservation affecting, burdening or benefiting the Arena Lands, (iii) the compliance of the Arena Lands with any laws, ordinances, rules or regulations of any governmental or other body, including without limitation any laws, ordinances, rules, or regulations relating to (a) the environment or the impairment thereof or (b) zoning or land use matters, (c) leases or other agreements, written or oral, regarding the use, occupancy or possession of the Arena Lands or any portion thereof, other than the Lease, (d) the manner, quality, state of repair or lack of repair of the Arena Lands or (vii) any other matters with respect to the Arena Lands; and (e) Donor shall have no liability or obligation to the City with respect to the value, state, or condition of the Arena Lands, environmental or otherwise, whether or not it is within the knowledge or imputed knowledge of Donor, its officers, directors, employees, agents or contractors. ARTICLE 9 CITY'S REPRESENTATIONS AND WARRAN'1iES 9.1 The City hereby represents and warrants to and in favour of the Donor that, as of the date hereof and as of Closing, it has all necessary right, power and authority to enter into, execute and deliver this Agreement and to complete the transaction contemplated hereby, all of which has been authorized and approved by all necessary action on the part of the City. ARTICLE 10 CITY'S COVENANTS 10.1 The City covenants as follows: (a) following transfer of the land required for the Arena to it, to proceed expeditiously with the construction of an public arena and related facilities within five (5) years from the date of transfer, failing such commencement of construction within five (5) years, the Arena Lands shall be conveyed by the City to the then current owner of the remainder of the Land; and (b) The City will cooperate with Donor and Tenant, take such lawful acts, and use reasonable commercial efforts to 1) obtain receipt of GMF Funds for use in Remediation of the Land, 2) enter into such reasonable agreements, extensions and commitments satisfactory to the City Solicitor necessary to do so; 3) keep Donor and Tenant and apprised of the City's efforts to do so, and, 4) to the extent h: \wpdocs\ptd \city of niagara falls \twin pad development project\agreement with city- v2.doc 9 GMF Funds are received by the City, distribute GMF Funds to the eligible party or parties as contemplated in the Proposal and in conformity with the terms, conditions and guidelines as specified by FCM from time to time. ARTICLE 11- TENANT'S REPRESENTATIONS AND WARRANTIES 11.1 The Tenant represents and warrants as follows: (a) The Tenant has all necessary right, power, and authority to enter into, execute and deliver this Agreement and to perform its obligations hereunder. The entry into, execution and delivery of this Agreement and the performance by the Tenant of its obligations hereunder has been duly authorized and approved by all necessary action on the part of the Tenant; and (b) The Lease is in good standing and neither the Donor nor the Tenant is in default thereof, Tenant has the full power and authority to surrender the Lease as against the Arena Lands, Tenant has not done any act whereby any part of its right, title, and interest as tenant under the Lease, in the premises demised by the Lease, and the unexpired residue of the term of the Lease is, has been, or may be in any way assigned, transferred, charged, encumbered or otherwise disposed of in whole or in part. ARTICLE 12 TENANT'S COVENANTS 12.1 Tenant covenants and agrees that: (a) immediately upon the execution of this Agreement by all of the Parties hereto, the option to purchase the Arena Lands contained in the Lease shall and does hereby terminate and be at an end; (b) immediately upon the transfer of the Arena Lands to the City, the Lease shall terminate and be at an end with respect to the Arena Lands and Tenant will forthwith surrender possession of the Arena Lands; (c) Tenant will execute all such documentation as Donor or City may reasonably require to evidence such terminations; and (d) Within thirty (30) days following Closing, Tenant shall erect and maintain fencing on the Land adjacent to the Arena Lands adequate to prevent the entry of trespassers and the general public onto the remainder of the Land from the Arena Lands. h: \wpdocs\ptd \city of niagara falls \twin pad development proj ect\agreement with cityv2.doc (i) 10 ARTICLE 13 COVENANTS OF TENANT CONCERNING THE REMEDIATION OF LANDS 13.1 Tenant covenants and agrees that: (a) Tenant will cooperate with Donor and the City, take such lawful acts, and use reasonable commercial efforts: 1) to ensure the receipt of GMF Funds to pay for eligible costs incurred for the Remediation of Existing Environmental Conditions; 2) to enter into such agreements, extensions and commitments necessary to do so; and, 3) provided that the Tenant has secured commercially viable proposals for the development of the Land or portions thereof, to take such steps and to enter into such agreements to develop the remainder of the Land; (b) Following Closing, and only to the extent GMF Funds become available to Tenant for such purposes, Tenant shall use the GMF Funds to pay for Remediation of Existing Environmental Conditions (for the avoidance of doubt, Tenant makes no assumption of liability herein for Remediation beyond that which is funded by the GMF Funds); (c) When performing the Remediation, Tenant shall use the lowest -cost methods permitted under governmental requirements to render the Land suitable for community use, commercial use or industrial use and shall: undertake no action with respect to the Remediation without the prior written consent of the Donor; (ii) jointly engage an environmental consulting firm selected by Donor to assist Tenant in conducting the Remediation; (iii) notify Donor of all Remediation activities and afford Donor the opportunity to participate in all decisions relating to the scope and performance of the Remediation; and (iv) permit Donor or its representative to observe Remediation activities. ARTICLE 14 CLOSING CONDITIONS 14.1 This Agreement is subject to the following conditions to be satisfied on or before the Closing Date: (a) The Agreement shall be effective to create an interest in the Land only if the subdivision control provisions of the Planning Act R. S.O. 1990, are complied with by Donor on or before closing. Donor covenants to proceed promptly and diligently at its own expense to obtain any consents or other approvals necessary to comply with section 50 of the Planning Act on or before closing including, without limitation, the satisfaction at its own expense of any conditions imposed with respect thereto. Donor shall keep the City fully informed with respect to Donor's progress in obtaining any required consent or approval. h:\wpdocslptdlcity of niagara falls\twin pad development project\agreement with city- v2.doc (b) the subject matter of the representations and warranties set out in section 5.1 and Article 9 hereof being accurate in every respect at all times prior to Closing with the same force and effect as if made at and as of the time of Closing; (c) compliance by the Donor with the covenants set out in section 6.1 hereof; (d) the Donor will have delivered the instruments listed in section16.3; (e) the Tenant will have delivered the instruments listed in section 16.5; (f) no material adverse change shall have occurred with respect to the Arena Lands, including its physical or environmental condition, or any charge, lien or other encumbrance shall have been registered against or otherwise affect the Arena Lands between the date of this Agreement and the Closing Date. The conditions set out in subsections (b) through (f) are inserted for the benefit of the City and may be waived by it by notice in writing to the Donor. Failing such waiver or satisfaction of these conditions on or before the Closing Date, the Agreement shall be null and void. ARTICLE 15 RELEASE 15.1 The City fully releases the Cytec Parties, said release to become automatically effective at the Closing without the necessity of any further documentation, from any and all Liabilities arising from or in any way related to the Arena Lands. ARTICLE 16 CLOSING 16.1 The within transaction shall be completed on the Closing Date. 16.2 The Closing will be completed not later than 4:00 p.m. (local time) on Closing. Closing will take place at the offices of the Donor's solicitors or at such other place as the Parties may mutually agree. 16.3 On the Closing, the Donor shall deliver to the City the following: (a) a duly executed, registerable transfer /deed transferring the Arena Lands to the City in accordance with this Agreement; (b) a certificate pursuant to section 116 of the Income Tax Act confirming that the Donor is not a non resident of Canada; (c) a certificate as to the truth and accuracy of the representations of Donor and confirming that the Arena Lands does not constitute all or substantially all of the assets of the Donor or, if it does, confirming that the shareholders of the Donor have approved the sale as evidenced by a resolution appended thereto; h: \wpdocs\ptd\city of niagara falls \twin pad development projectlagreement with cityV2.doc 12 (d) an undertaking to readjust all Adjustments as necessary in accordance with Section 2.5; (f) a certificate and indemnity relating to the Construction Lien Act in form and content satisfactory to the City; (g) a surrender of the Lease in respect to the Arena Lands executed by the Donor in a form satisfactory to the City's Solicitor, acting reasonably; and (h) any instruments, reports or other documents affecting the Arena Lands in the possession of the Donor and any other documentation relative to the completion of the transactions contemplated herein as may reasonably be required by the City to transfer title to the Arena Lands to the City. 16.4 On Closing, the City shall deliver to the Donor the following: (a) an undertaking to readjust all Adjustments as necessary in accordance with Section 2.5; and (b) the statutory declaration in accordance with section 17.1. 16.5 On Closing, the Tenant shall deliver to the City the following; (a) a certificate as to the truth and accuracy of the representations and warranties of the Tenant; (b) a surrender of the Lease executed by the Tenant in respect of the Arena Lands in a form satisfactory to the City's Solicitor, acting reasonably; and (c) a release and quit claim in favour of the City in a form satisfactory to the City solicitor. ARTICLE 17 GOODS AND SERVICES TAX 17.1 The City shall pay the federal goods and services tax "GST if any, which is exigible with respect to the within transaction under the Excise Tax Act (Canada) (the "Act The City shall be permitted to self assess the payment of GST and accordingly shall not be required to make any payment on account of GST to the Donor on Closing. The City shall deliver to the Donor, on or before Closing, a statutory declaration of a senior officer of the City declaring that the City is a registrant for GST purposes under the Act and that it is entitled to self- assess the payment of the GST in accordance with the Act. Such declaration shall set out the City's GST registration number. h: \wpdocs \ptdlcity ofniagata falls \twin pad development project\agreement with city- v2.doc (i) 13 ARTICLE 18 MISCELLANEOUS 18.1 The transfer /deed, save for the land transfer tax affidavit, shall be prepared in registerable form by the Donor at its own expense. 18.2 If electronic registration of documents at the applicable Land Registry Office is mandatory on the Closing Date, or is optional and is requested by the City, the following terms shall form part of this Agreement: (a) The Donor, City and Tenant shall be obliged to each retain a lawyer in good standing with the Law Society of Upper Canada to represent them in connection with the completion of this transaction, and shall each authorize and instruct such lawyer to enter into an escrow closing agreement in the form mandated by the Law Society of Upper Canada, subject to such reasonable amendments a such lawyers or the circumstances of the subject transaction may require, establishing the procedures and timing for completion of the transaction contemplated by this Agreement (the "Document Registration Agreement (b) The delivery and exchange of documents and funds and the release thereof to the Donor and City, as the case may be: shall not occur contemporaneously with the registration of the Transfer/Deed; and (ii) shall be governed by the Document Registration Agreement, pursuant to which the lawyer receiving the documents and/or funds will be required to hold the same in escrow, and will not be entitled to release the same except in accordance with the provisions of the Document Registration Agreement. 18.3 On Closing, City shall be credited towards the Purchase Price with the amount, if any, necessary for City to pay to the Canada Revenue Agency to satisfy City's liability in respect of tax payable by Donor under the non residency provisions of the Income Tax act by reason of this sale. City shall not claim such credit if Donor delivers on closing the prescribed certificate or a statutory declaration that the Donor is not then a non resident of Canada. 18.4 Time shall in all respects be of the essence of the Agreement, provided that the time for doing or completing of any matter may be extended or abridged by an agreement in writing signed by the Donor and the City or by their respective solicitors who are hereby expressly authorized in this regard. 18.5 The provisions of Articles 5, 8, 9, 11, 13 and 15 shall not merge on Closing but shall survive and continue in full force and effect. h: \wpdocs \ptd \city ofniagara falls \twin pad development projectlagreement with city- v2.doc 14 18.6 If, prior to Closing, the Donor receives any notice of any proposed or pending action to take, by expropriation or condemnation of any part of the Land, Donor shall immediately notify City of such fact "Donor's Notice The Donor's Notice shall specify any taking of any portion of the Land. If the taking materially and adversely affects the value of the Land and /or City's intended use and /or development of the Land, then City shall thereupon have the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to Donor given not later than five (5) business days after receipt of Donor's Notice describing the extent and nature of the proposed taking. If this Agreement is terminated there shall be returned documents delivered by any party to the other or to any other party and none of the parties shall have any further rights or obligations hereunder. If City does not exercise this option to terminate this Agreement, no other party shall have the right to terminate this Agreement as a result of the foregoing, but the Donor shall assign and turn over, and the City shall be entitled to receive and keep, all awards and rights thereto for the taking by eminent domain which accrue to Donor and the parties shall proceed to the Closing pursuant to the terms hereof, without modification of the terms of this Agreement. Unless or until this Agreement is terminated, Donor shall take no action with respect to any expropriation proceeding without the prior written consent of City, which consent shall not be unreasonably withheld. 18.7 Any tender of documents or money hereunder may be made upon the Donor or City or their respective solicitors on the Closing Date. Money may be tendered by cash, certified cheque or money order of a Canadian chartered bank or Canadian trust company or a bank draft of a Canadian chartered bank. 18.8 The Arena Lands shall remain at the risk and for the benefit of the Donor pending Closing. Should loss or damage occur, the City may, at its option, agree to complete the conveyance of the Arena Lands to it or terminate this Agreement. Upon written notice of termination of this Agreement by the City, the Agreement shall terminate and be null and void and none of the Parties thereafter shall be liable to any other Party for any costs or damages suffered or incurred as a result of this Agreement or the termination thereof. 18.9 In the Agreement, words importing the singular include the plural and vice versa, words importing gender include all genders and words importing persons include corporations and vice- versa. 18.10 Any reference to a section or schedule in the Agreement shall be deemed a reference to the applicable section or schedule contained in this Agreement and to no other agreement or document unless specific reference is made to such other agreement or document. 18.11 Any reference to a statute in the Agreement includes a reference to all regulations made pursuant to such statute, all amendments made to such statute and regulations in force from time to time and to any statute or regulation which may be passed and which has the effect of supplementing or superseding such statute or regulations. h: \wpdocs\ptd \city of niagara falls\twin pad development project\agreement with city- v2.doc 15 18.12 The Agreement shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract. Each of the parties irrevocably attorns to the jurisdiction of the courts of the Province of Ontario. 18.13 Unless otherwise expressly provided, all dollar amounts referred to in the Agreement are stated and shall be paid in Canadian currency. 18.14 The Agreement has been negotiated and approved by the parties and, notwithstanding any rule or maxim of law or construction to the contrary, any ambiguity or uncertainty will not be construed against either of the parties by reason of the authorship of any of the provisions of the Agreement. 18.15 The Land shall be and remain at the Donor's risk until closing. The Donor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their respective interest may appear pending closing. 18.16 Any notice or other communication required or permitted to be given by the Agreement shall be in writing and shall be effectively given if: (i) delivered personally; (ii) sent by prepaid courier service; or (iii) sent by prepaid telecopier, telex or other similar means of electronic communication. in the case of notice to: the Donor, at: Cytec Canada Inc. c/o Cytec Industries Inc. 5 Garret Mountain Plaza Garret Mountain, New Jersey 07424 U.S.A. Attention: Corporate Secretary Telecopier: 973.357.3058 h:lwpdocslptdlcity of niagara falls\twin pad development project\agreement with city- v2.doc with a copy to: 16 Davis Company LLP Barristers and Solicitors 1 First Canadian Place, Suite 5600 P.O. Box 367, 100 King Street West Toronto, Ontario M5X 1E2 Attention: Richard R. Neville Telecopier: 416.777.7422 the City, at: City of Niagara Falls Corporate Services Department Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Ken Beaman, Assistant City Solicitor, Telecopier: 905.371.2892 with a copy to: McLean Kerr LLP Barristers Solicitors Suite 2800 130 Adelaide Street West Toronto, Ontario M5H 3P5 Attenion: P. Todd Davidson Telecopier: 416.3 66.8571 h: \wpdocs\ptd\city of niagara falls \twin pad development project\agreement with city- v2.doc the Tenant, at: 17 c/o Daniel Partners LLP Barristers Solicitors P.O. Box 24022 39 Queen Street St. Catharines, Ontario L2R 7P7 Attention: Donald C. DeLorenzo Telecopier: 905.688.5747 or at such other address as the party to whom such notice or other communication is to be given shall have advised the party giving same in the manner provided in this section. Any notice or other communication delivered personally or by prepaid courier service shall be deemed to have been given and received on the day it is so delivered at such address, provided that if such day is not a business day such notice or other communication shall be deemed to have been given and received on the next following business day. Any notice or other communication transmitted by telecopier, telex or other similar form of an electronic communication shall be deemed given and received on the day of its transmission provided that such transmission is completed before 5:00 p.m on a business day, failing which such notice or other communication shall be deemed to have been given and received on the first business day after its transmission. 18.17 The parties represent and warrant that they have had no dealings with any real estate broker or agents in connection with the negotiation of this Agreement. Each party agrees to indemnify and hold the other harmless from any cost, expense or liability arising from a breach of this representation and warranty. 18.18 The Agreement shall be binding upon and enure to be benefit of the parties hereto and their respective successors and assigns. 18.19 The Agreement may be executed in any number of counterparts and by different parties in separate counterparts and each of such counterparts shall be deemed to be an original document and such counterparts, taken together, shall constitute one and the same document. 18.20 To evidence the fact that it has executed the Agreement, any party may send a copy of its executed counterpart to all other parties by facsimile transmission. Such party shall be deemed to have executed and delivered the Agreement on the date it sent such facsimile transmission. An original executed copy of the Agreement shall be forwarded to the other parties hereto forthwith after the facsimile copy is transmitted. h; \wpdocs \ptdlcity of niagara falls \twin pad development project\agreement with city- v2.doc 18.21 The Agreement with the Access Agreement constitute the entire agreement between the parties hereto with respect to the Arena Lands. The Donor and City acknowledge that there is no representation, warranty, collateral agreement or condition affecting the Agreement other than as expressed herein in writing. IN WITNESS WHEREOF each of the Parties, has duly executed this Agreement. CYTEC CANADA INC. Per: Name: 1. 0; ‘Ay Title: i- f 0-t/rA Name: Title: I/We have authority to bind the corporation. FALLS COMMUNITY DEVELOPMENT INC. Per: Name: R y Ari't Title: rest i 1 Name: Title: I/We have authority to bind the corporation. 18 Name: Dean Iorfida Title: Clerk h: \wpdocs\ptd \city of niagara falls\twin pad development projedlagreement with city- v2.doc THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name R.T. (Ted) Salci Title: Mayor I/We have authority to bind the corporation. SCHEDULE "A" LAND Parcel 1 (PIN 64269 -0127) Part Township Lot 59, Stamford designated as Parts 3, 4 5 on Plan 59R -3255 (Surface Rights Only); Part Township Lot 74, Stamford designated as Parts 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20 21, Plan 59R -3255 (Surface Rights Only); Part Township Lot 76, Stamford as in RO696084 (Parcel 2); Part of the Road Allowance between Lots 73 and 74, Stamford (as closed by unregistered by -law #2) designated as Part 18 on Plan 59R -3255 Elevation as in R0694052; Part of the Road Allowance between Lots 74 and 76, Stamford (as closed by By -Law ST19864) designated as Part 3 on Plan 59R -8858 S/T R0694052, R0359853 RO361764; Niagara Falls. Parcel 2 (PIN 64269-0131) Part Township Lot 59, Stamford, designated as Part 1 on Plan 59R -8858; Part Township Lot 74, Stamford, designated as Parts 1 2 Plan 59R -8858; Part Township Lot 76, Stamford, designated as Part 2 Plan 59R -8858; Part of the Road Allowance between Lots 74 76, Stamford (as closed by By -Law ST16882) S/T RO696084 S/T RO556446E Niagara Falls h:lwpdocslptd\city of niagara falls\twin pad development projectlagreement with city- v2.doc SCHEDULE "B" ARENA LANDS Part of PIN 64269 0131 (LT) Part of Township Lot 76, Stamford designated as Parts 1, 2, 3, 4, 5, 6, 7 and 8 on Reference Plan 59R -13210 City of Niagara Falls, Regional Municipality of Niagara. h: wpdocs \ptd \city of niagara falls \twin pad development project\agreement with city- v2.doc Passed this twenty -fifth day of June, 2007. First Reading: June 25, 2007 Second Reading: June 25, 2007 Third Reading: June 25, 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to amend by -law 2007 -112 being a by -law to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2007. WHEREAS the City of Niagara Falls has passed By -law No. 2007 -112 to set and levy the rates of taxation for City purposes, for Regional purposes, and for Education purposes for the year 2007; AND WHEREAS Ontario Regulation 275/07 made on June 15, 2007 under the Education Act amending O.Reg. 400/98 set Tax Rates for Education Purposes for 2007 for property in the industrial property class; AND WHEREAS it is necessary to amend By-law 2007-112 to amend the Industrial Property Class Education Tax Rates for 2007 to match the rates approved in O.Reg. 275/07. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS HEREBY ENACTS AS FOLLOWS: 1. Section 2, sub section (a) (ii) is deleted and replaced with the following: (ii) for public and separate school board purposes the sum of $43,333,730.00; 2. Schedule A referred to in section 3 and section 8 is deleted and replaced with the attached Schedule A. 3. That in all other aspects the said By -law 2007 -112 shall remain in full force and effect. 4. That this by -law shall come into force and take effect on the date upon which it is passed. DEAN IORFIDA, CITY CLERK R.(TED) SALCI, MAYOR. Assessment General Rates Urban Service Urban Service Area Total Property Class Code City Waste Mgmt. Region Schools Total Area Residential /Farm RT 0.440087% 0.072611% 0.691166% 0.264000% 1.467864% 0.070402% 1.538266% Multi residential MT 0.906580% 0.149579% 1.423801% 0.264000% 2.743960% 0.145028% 2.888988% New Multi residential 0.440087% 0.072611% 0.691166% 0.264000% 1.467864% 0.070402% 1.538266% Commercial Occupied CT /ST /DT 0.773937% 0.127694% 1.215481% 1.592891% 3.710003% 0.123809% 3.833812% Vacant Unit CU /SU /DU 0.541756% 0.089386% 0.850837% 1.115024% 2.597003% 0.086666% 2.683669% Vacant Land CX 0,541756% 0.089386% 0.850837% 1.115024% 2.597003% 0.086666% 2.683669% Industrial F- 7 X Occupied 1.157429% 0.190967% 1.817765% 2.586498% 5.752659% 0.185158% 5.937817% Vacant Unit 0.752329% 0.124129% 1.181547% 1.681224% 3.739229% 0.120353% 3.859582% Vacant Land 0.752329% 0.124129% 1.181547% 1.681224% 3.739229% 0.120353% 3.859582% Large industrial Occupied LT 1.157429% 0.190967% 1.817765% 2.586498% 5.752659% 0.185158% 6.937817% Vacant LU 0.752329% 0.124129% 1.181547% 1.681224% 3.739229% 0.120353% 3.859582% Pipelines PT 0.718838% 0.118603% 1.128948% 1.532030 3.498419% 0.114995% 3.613414% Farmlands FT 0.110022% 0.018153% 0.172791% 0.066000% 0.366966% 0.017601% 0.384567% Managed Forests TT 0.110022% 0.018153% 0.172791% 0.066000% 0.366966% 0.017601% 0.384567% Farmland Awaiting 0.330065% 0.054458% 0.518374% 0.198000% 1.100897% 0.052802% 1.153699% Development I Farmland Awaiting 0.440087% 0.072611% 0.691166% 0.264000% 1.467864% 0.070402% 1.538266% Development II -2- CITY OF NIAGARA FALLS 2007 Tax Rates Schedule "A" CITY OF NIAGARA FALLS By -law No. 2007 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 25 day of June, 2007. 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 1 day of June, 2007 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 -fifth day of June, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: June 25, 2007. June 25, 2007. June 25, 2007.