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2007/08/13COUNCIL MEETING Monday, August 13, 2007 Order of Business and Agenda Package PRAYER: Councillor loannoni COUNCIL MEETING August 13. 2007 ADOPTION OF MINUTES: Council Minutes of July 23, 2007 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Background Material: DEPUTATIONS/ PRESENTATIONS PLANNING MATTERS PUBLIC MEETINGS Public Meeting AM- 38/2006, Official Plan and Zoning By -law Amendment Application Thundering Waters Village 6000 Marineland Parkway /Drummond Road (East Side) Owner: Fallsview Golf Inc. Proposed Condominium Residential Development Correspondence from Italia Gilberti requesting deferral on behalf of the applicant. Please note: A petition has been submitted by the residents. An excerpt is provided in the Council agenda package. The full package will be reproduced when the matter returns to Council. 2 Public Meeting AM- 15/2007, Official Plan and Zoning By -law Amendment Application 8921 Sodom Road Applicant: 289900 Ontario Limited Agent: Jack Bernadi To Recognize the Existing Betty's Restaurant and Permit an Expansion of the Parking Lot Background Material: Recommendation Report: PD- 2007 -65 -and Correspondence from Regional Niagara Planning Department MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1. Arthritis Society Requesting proclamation designating September as Arthritis Awareness Month and permission for a flag raising. RECOMMENDATION: For the approval of Council. 2. Niagara Falls Big Brothers/ Big Sisters Requesting proclamation designating September as Big Brothers Big Sisters Month and permission for a flag raising. RECOMMENDATION: For the approval of Council. 3. Downtown Board of Management Requesting ratification for a Board appointment. RECOMMENDATION: For the approval of Council. -3- 4. Project S.H.A.R.E. Requesting a waiver of building permit fees. RECOMMENDATION: For the consideration of Council. 5. Guy Ungaro LLB Requesting compensation for client. RECOMMENDATION: For the information of Council. 6. Diane Glen Requesting a curfew for youth. RECOMMENDATION: For the information of Council. 7. Elizabeth Murray Correspondence regarding the state of bus shelters. RECOMMENDATION: For the information of Council. Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS 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, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2007 -30 Municipal Accounts HR- 2007 -06 Benefit Renewal Sun Life Assurance Company of Canada L- 2007 -41 Correction of Fees and Charges By -law MW- 2007 -81 Deerfield Estates Subdivision Agreement Revision due to Relotting MW- 2007 -86 Amendment to the Consulting Services Agreement for the Maple Street Sewer Separation Project MW- 2007 -98 Dorchester Road Reconstruction CNR Standard Warning System and Crossing Reconstruction Agreements MW- 2007 -99 May Avenue Terrace Avenue Sanitary Sewers and Central Pumping Station High Rate Treatment Consultant Fees PD- 2007 -61 Site Plan Control and the Regulation of Appearance of Structures Under Bill 51 His Worship Ted Salci will request whether there is anyone present that has an interest respecting the following Purchase of Lands by -laws: 2007 -166 2007 -167 2007 -168 2007 -169 4 BY -LAWS A by -law to authorize the execution of an Agreement of Purchase and Sale (Operational Land Sales) with Ontario Realty Corporation respecting the purchase by the City of a portion of Hydro lands. A by -law to authorize the execution of an Agreement of Purchase and Sale with Loblaw Properties Limited respecting the purchase of lands being Part 4 on Reference Plan 59R- 13060, in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to authorize the execution of an Agreement of Purchase and Sale with The Optimist Club of Niagara Falls respecting the purchase of lands being Part 3 on Reference Plan 59R -705, in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to authorize the execution of an Agreement of Purchase and Sale with The Butera Group Inc. respecting the purchase of lands being Part 1 on Reference Plan 59R- 13466; in the City of Niagara Falls, in the Regional Municipality of Niagara. The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2007 -170 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs At Intersections) 2007 -171 A by -law to establish Part Road Allowance between Concession 1 and Concession Broken Front Niagara River, Willoughby as a public highway, to be known as and to form part of Bailey Avenue. 2007 -172 A by -law to authorize the payment of $14,192,472.05 for General Purposes. 2007 -173 5 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13' day of August, 2007. NEW BUSINESS 08 -Aug -2007 03:12pm From Broderick Partners 4625 ONTARIO AVE, P.O. BOX 807 NIAGARA FALLS, ON CANADA L2E 6V6 TEL (905) 35641021 FAX (905) 3560904 broderlckpartaors,nom J.J. BILODERICK U.l., LLal. LawSadoty Cor1lled Clvn LIUpadon Bpachtillit W.A. AMA 090 J.B HOPRINS GA, =RuAM I.M. GU,BNRTI Plum In Italian rranat B,. B. BURNS NA, LUSTIG M DIGIROLAMO D. F. MARINELLI (1945.1997) August 8, 2007 City of Niagara Falis 4310 Queen Street P.O. Box 1023 Niagara Falis, Ontario L2E 6X5 Attention: Mr. Dean Iorfida, City Clerk Dear Mr. Iorfida: Re: Fallsview Golf Inc. Our File No.: 060471 We kindly request a deferral of City Council's consideration of our client's Rezoning and Official Plan Amendment Applications, from August 13, 2007 to September 10, 2007. We have scheduled a Neighbourhood Meeting for August 21, 2007 at 7:00 p.m. to meet with the residents and address their concerns. Kindly please advise City Council of our request for deferral in order that we may hold the Neighbourhood Meeting on August 21, 2007. We thank you for your attention herein. Yours very truly, c,c. 905 356 6904 T -035 P.002/003 F -600 Broderick &Partners LLP Effective legal service in Niagara since 1951, Mr. Doug Darbyson Mr, Alex Herlovitch Mr. Nick Matovic Mr. Mario D'Uva Mr. Rick Brady tlIAG, FALLS CLERKS '07 0807 13: t l This is a petition from the residence of Wildrose Crescent and Crimson Drive concerning the zoning by -law AM- 38/2006. We do not want anymore trees behind us taken down or lost to accommodate the development of Thundering Waters Village. Let us all enjoy the natural green space!!! Keep the village on the other side of the trees. NAME ADDRESS Y L if\IC 111 5- .C) PHONE C (kL`1 `1c) 1 V iiii, 66) >7 0 C 55 87 _1 Q2 IC I G18 0-tnn O (t• F0 o,; 3qL -3c2 7 P ed r e,i a C ex P -a& (AX if b 4osL eieES 9 33 1 6 12-111- 71 4 e fete l 1-`----c3S-r-AT77/_.3/ /4 fole-it 6o7o Lc.�:�d c e Cr�.s. 5 goy Y q /6 6 5 gN o o) k V6 V t oSe J c C/ S OS' _72/-/e/C_X IS&k.,41 cw 1 4 t ,ft ,01.0- q �f J IQ AIL(/' Cn4)'5! f..0 //r .Ursa o f 70-5 -4 i Qc,r„ y ai 6 d 90s 22/ /a? PS tlIAG, FALLS CLERKS '07 0807 13: t l This is a petition from the residence of Wildrose Crescent and Crimson Drive concerning the zoning by -law AM- 38/2006. We do not want anymore trees behind us taken down or lost to accommodate the development of Thundering Waters Village. Let us all enjoy the natural green space!!! Keep the village on the other side of the trees. NAME ADDRESS Y L if\IC 111 5- .C) PHONE C (kL`1 `1c) 1 August 13, 2007 PD- 2007 -65 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagara,Falls Re: PD- 2007 -65 AM- 15/2007, Official Plan and Zoning By -law Amendment Application 8921 Sodom Road Applicant: 289900 Ontario Limited Agent: Jack Bernardi To Recognize the Existing Betty's Restaurant and Permit an Expansion of the Parking Lot RECOMMENDATION: That Council approve the Official Plan and Zoning By -law amendment application to recognize the existing restaurant in the Official Plan and the Zoning By -law, and to permit an expansion of the associated parking lot. BACKGROUND: 289900 Ontario Limited (Joseph Miszk) has requested amendments to the Official Plan and the Zoning By -law for land holdings totalling 0.89 hectares (2.2 acres). The property is occupied by Betty's Restaurant. The applicant has been pursuing planning approvals for an expansion of the restaurant and its associated parking lot through a two -step process. In 2005, as the first step, Council approved a Zoning By -law amendment application to permit an expansion of the restaurant to its present size of 1,500 square metres (16,100 square feet). As the land is designated Residential, the only commercial facilities that would be permitted to be developed on the land would be neighbourhood commercial centres up to 929 square metres (10,000 square feet). Although the expansion of the restaurant did not conform to the Residential policies, it was approved under the Non Conforming policies of the Official Plan as the development was being contained to commercially zoned land and there was little potential of impacts off-site. At the time of that approval, it was understood that the second stage of development, the expansion of the associated parking lot, would require an Official Plan amendment. This expansion onto an adjacent lot involves putting additional land under a commercial zone category and therefore cannot beconsidered under the Non Conforming policies. Thus, a site specific special policy th. Ien Official Plan amendment is requested to recognize the existing restaurant an• rporate the additional lands into the development. 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 August 13, 2007 2 PD- 2007 -65 The subject lands are zoned Neighbourhood Commercial -711 (NC- 711), in part, by By -law No. 79 -200 and Rural, in part, by By -law No. 395, 1966. The whole of the lands is requested to be placed under a new site specific NC zone to recognize the existing restaurant and parking lot expansion. Site Conditions and Surrounding Land Uses Betty's Restaurant is situated at the north end of the subject land. The balance of the land including the lot proposed to be added to the development is occupied by the parking lot and associated landscaping for the restaurant, Schedule 2 shows the existing development. Residential uses lie to the north of the land, while Pat Cummings Park lies to the east. A stormwater retention pond and an environmental area (Hunter's Drain) lie to the west. Rural residential and agricultural uses lie to the south. Circulation Comments Regional Municipality of Niagara The subject property is within the Niagara Falls Urban Area Boundary according to the Regional Policy Plan. The requested Official Plan Amendment (OPA) is minor in nature and primarily involves local planning interests. Accordingly, the OPA has received an exemption from Regional approval. The land is adjacent to Hunter's Drain which is a critical fish habitat. However, the parking lot appears to be beyond the 30 metre setback from the watercourse as established by the Ministry of Natural Resources and therefore there are no objections to its development. Municipal Works Expansion of the parking lot is to be subject to site plan control. Fire Services No objections. Fire access is to be maintained in the expansion of the parking lot Building Services Any required Building Permits to be obtained prior to commencement of construction. Parks, Recreation and Culture No objections. Planning Analysis 1. Conformity to Provincial Policies Comments from the Region's Planning Development Department indicate that the proposed development complies with Provincial policies. August 13, 2007 3 PD- 2007 -65 2. Conformity to the Official Plan Applications to amend the Official Plan are evaluated on a set of criteria to ensure the requested change is appropriate. The application conforms to these criteria as noted below: (a) Conformity of the General Objectives of the Plan The land is designated Residential. Neighbourhood commercial facilities up to 929 square metres (10,000 square feet) may be permitted in the Residential designation. Although the size and scale of the restaurant are beyond a neighbourhood commercial centre, the restaurant has been recognized in the zoning by -law under the Non Complying Policies of the Official Plan. An expansion of the neighbourhood commercial zone to permit a larger parking area is appropriate for the following reasons: The proposed change does not intensify or expand the commercial use of the property but provides additional parking for the restaurant. The commercial expansion is directed generally away from residences, which will not be affected due to the buffering offered by the adjacent stormwater pond. The parking area has access onto an arterial road. (b) Suitability of the Site for the Proposed Use, Especially in Relation to Other Sites or Areas of the City The acquisition of the land adjacent to Betty's Restaurant allows for a logical parking lot expansion without impacting on nearby residential area. (c) Compatibility of the Proposed Use with Adjacent Land Use Designations The land is adjacent to lands designated Environmental Protection Area. To ensure this environmental area is not impacted by the parking lot expansion, the applicant undertook an Environmental Impact Study. This study determined that this environmental area would be protected provided the following measures are implemented: Stormwater to be directed away from Hunter's Drain through the provision of storm sewers. Provision of natural vegetation buffers between the parking area and Hunter's Drain (within the existing landscaped areas). No storage of fuels within 100 metres of Hunter's Drain. Through site plan control these measures will be secured. There is a dwelling to the south of the parking lot. To maintain compatibility between this dwelling and the parking lot, the applicant is proposing a large 10 metre (33 foot wide) landscaped buffer with berming and tree planting. This buffer should be secured through the amending zoning by -law and through an amendment to the site plan agreement. August 13, 2007 4 PD- 2007 -65 (d) The Need for the Proposed Use Although the parking lot expansion is not necessary to meet the City's zoning requirements, the applicant is providing the additional parking for tour buses and other patrons. Given the draw of the restaurant, it is logical to provide some additional parking above zoning requirements. (e) The Availability of Adequate Municipal Services and Facilities for the Proposed Use and its Impact on the Transportation Systems, Community Facilities and Natural Environment CONCLUSION: Recommended by: Approved by: The restaurant has connections to the municipal water and sewer system. As the restaurant is not being expanded, there will be no additional impact on these services. Through site plan control, the provision of adequate storm drainage for the additional parking area will be secured. As the restaurant is not being expanded, no additional traffic is expected to be generated. As well, provided the mitigation measures specified earlier are implemented through site plan control, no impacts on the natural environment are expected. 3. The requested Zoning By -law amendment is appropriate. The applicant has requested the whole of the subject lands be put under a new site specific NC zone. This zone will incorporate the site specific standards approved for the restaurant in 2005. In addition, the landscaped area around the parking area, as shown on Schedule 2 and including a 10 metre (33 foot) wide strip along the south property line abutting the adjacent residential property, will be secured in the amending by -law. 1. The requested amendments to the Official Plan and the Zoning By -law to recognize the restaurant and permit the parking lot expansion can be supported for the following reasons: The requested uses are in conformity with the Official Plan criteria for considering land use changes. Provided the recommended measures to mitigate impacts on the neighbouring properties and environmental lands are implemented, the requested parking lot expansion is considered appropriate. Ed Dujlovic Execut Director of Community Services Respectfully submittecj. John MacDonald, Chief Administrative Officer A.Bryce:bs Attach. S: \PDR\2007 \PD- 2007 -65, AM -15 -2007, 8921 Sodom Road, Betty's Restaurant Permit Expansion of Parking Lot.wpd SCHEDULE 1 LOCATION MAP FANNIN On.Sbray NONNI ,2S]OwR IC SODOM P.IR 5I2A W g 0 A D 7 BLOCK 54 w LOT1 3 Q. 1 PLAN: SITE PLAN PART 1. PLAN 59R -9464 TOWNSHIP 'REI NIION POND' OF P.I)L 24254 -4ItO PART 2, PLAN 590 -9464 WILLO UG[Y Ma AI S P501. 24254 -0107 ISSUES! REN&ORS PAIN Addb.& Ai.Nbnf. BET'S RESTAURANT 61 46" Proposed Site Plan VENE2ROVP.PARW ARCHITECT 1 R C a.sa 3 6 3 2r p PIRO 0.I.rm. ara l Niagara f Region PLANNING AND DEVELOPMENT July 4, 2007 Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr. Bryce: Jo Planning Scanned qr. 2 i it The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 417 Telephone: 905 984 -3630 Fax: 905 -641 -5208 E -mail: plan @regional.niagara,on.ca Files: D.10.M.11.21 D.10.M.11.23 Re: Application to Amend the Official Plan and Zoning By -law West Side of Sodom Road (Regional Road 116), south of Lyon's Creek Road Betty's Restaurant City of Niagara Falls This application proposes amendments to the City's Official Plan and Zoning By -law to recognize an existing restaurant (Betty's Restaurant) that serves a market beyond the neighbourhood, as provided in the City's current Residential policies, and to permit an expansion to the existing parking area. A planning report prepared by Jack Bernardi, Planning and Development Consultant, and an Environmental Impact Study prepared by AMEC Earth Environmental accompanied this application. The following comments are provided for your consideration from a Provincial and Regional planning perspective. A response to the request to exempt the Official Plan amendment from Regional approval is also provided. Regional and Provincial Planning Review The subject property is within the Urban Area Boundary for Niagara Falls according to the Regional Policy Plan. A variety of land uses are permitted with full municipal services provided. Provincial policies also support a full range of uses in urban settlement areas to meet community needs. Provincial and Regional policies encourage the intensification of existing uses to secure more efficient and cost effective forms of growth within established urban areas. The Niagara Falls Official Plan designates the site as Residential which permits some commercial uses provided that they generally serve the needs of the neighbourhood and do not exceed 10,000 square feet of floor area. As indicated in the planning report submitted with the application, Betty's Restaurant was established nearly 40 years ago and has successfully grown to serve a market well beyond the community of Chippawa. Several expansions to the building and parking area have been approved over the years; the most recent was in 2005. The building is now nearly 16,000 square feet in floor area and additional parking is required for approximately 30 vehicles and 5 buses to be provided at the south side of the s Building Community. Building Lives. teRECEIVED JUL 0 6 2007 PLANNING DEVELOPMENT 2 The south end of the property is adjacent to the Hunters Drain that is classified as a Critical (Type 1) fish habitat by the Ministry of Natural Resources. Environmental policies have been adopted by Regional Council, in accordance with Regional Policy Plan Amendment 187, that are consistent with and conform to the Provincial Policy Statement and Provincial Greenbelt Plan. The Region's Core Natural Heritage Map designates Hunters Drain as "Fish Habitat Although an Environmental Impact Study (EIS) is normally required for development or site alterations on adjacent lands (as indicated in Table 7 -1), Policy 7.B.1.26 permits the expansion of an existing use without the submission of an EIS where no significant negative impact on the natural feature of its ecological function is determined. According to aerial photography, the planned parking expansion appears to be just beyond the minimum 30 metre setback requirement of the Ministry which provides an appropriate vegetated buffer from the Type 1 fishery resource. It is our understanding that this adjacent natural corridor is intended to be dedicated to the City through conditions of draft approval for the Chippawa West plan of subdivision. Public ownership of these lands will also allow for long- term environmental protection. Upon visiting the site, it was evident that the proposed parking expansion has already been constructed. The Environmental Impact Study submitted with the application was prepared in March 2006 and contains a number of recommendations to be implemented during construction. However, it is not known if any of these mitigation measures were actually undertaken. If the City requires an amendment to the site plan agreement for this development, we would suggest that the outlet for storm drainage be confirmed with any approvals obtained, if necessary, through the Ministry of the Environment or the Niagara Peninsula Conservation Authority to ensure that water quality is protected. Consideration should also be given to construct a chain Zink fence along the west boundary of the property to further protect the adjacent natural area. Additional comments from the Niagara Peninsula Conservation Authority on natural hazards and features should also be regarded. Municipal sanitary and water services have been provided for this development. The Regional Public Works Department has advised there are no concerns with the application. However, an entrance permit is required to be approved for the new entrance on Sodom Road, which is Regional Road 116. As this new driveway has already been built, Public Works staff should be consulted if an amendment to the site plan agreement is required Approval Exemption for Official Plan Amendment The proposal for a local official plan amendment will primarily involve recognizing an existing use with a small scale expansion to the development that is site specific and within the Urban Area. The official plan amendment is considered to be minor in nature and primarily involves local planning interests. In this regard, the amendment can be considered for an exemption from Regional approval. Although we are aware of the applicants' desire for an exemption from Regional approval for this amendment and received the necessary Regional fee, we have not received a written request from the City for the exemption as required in the Region's policy and process manual sent to City Planning staff. We will issue a formal exemption letter once we have received this request and confirmation from the City that the draft amendment submitted by the applicant is satisfactory. Once this has been provided, the written exemption letter from the Regional Planning and Development Department must be included in the amendment to be presented to City Council for adoption. Conclusion Regional Planning staff is not opposed to the application to amend the City's Official Plan and Zoning By -law from a Provincial and Regional planning perspective. However, the Official Plan amendment document should not be presented to City Council until the Region's exemption letter has been forwarded as previously mentioned. If you have any questions, please contact me for assistance. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner 3 c. D. Darbyson, City of Niagara Falls B. Stevens, Regional Public Works P. Bond, Niagara Peninsula Conservation Authority J. Bernardi, Planning Development Consultant, 123 Parkway, Welland, ON L3C 4C5 Councilor W. Smeaton M: \MSWORD \PC\Niagara FaIIsINFopa \SodomRdBettysOPA&2BLA.doc July 9, 2007 Mayor Ted Salci, City of Niagara Falls, P.O. Box 1023, Niagara Falls, ON L2E 6X5 Dear Mayor Salci: Sincerely, Nicole Anger Regional Development Manager The Arthritis Society Ontario Division Niagara Hamilton Arthritis Awareness Month The Arthritis Society September is Arthritis Awareness Month and we would like to make our neighbours aware of this debilitating disease. There are several ways you and council can assist us: You or a member of council ban participate in a flag raising ceremony at city hall during the last week of August or early in September (depending on the Mayor's schedule) to which the media will be invited Proclamation designating September Arthritis Awareness Month A `Casual Friday' to be Dress In Blue and Raise Funds Too for The Arthritis Society or even have a staff barbecue and raise funds for The Arthritis Society. We can supply posters, donation boxes and information on arthritis for the event. There are over 56,000 people in Niagara who suffer from the pain and debilitating effects of the over 100 types of arthritis. Arthritis affects one out of every five Canadians over the age of 15 and is one of this country's most common chronic conditions. Nearly three of every five people with Arthritis of working age (under 65) and two thirds of those affected with arthritis are women. Arthritis can strike anyone at anytime, regardless of age, physical condition or ethnicity. Arthritis can rob a person's life style and dignity to the point they may become totally dependent on others for care. The Arthritis Society services include: physiotherapy, occupational therapy, social work, Arthritis Self- Management Program, osteoarthritis clinics, educational materials, a toll free information line 1- 800 321 1433, our website www.arthritis.ca that has 17,000 pages of information, and the Arthritis. Registry. If you would like more information, please do not hesitate to contact me at 905- 646 -7284 Ext. 224 or nanger@a,on.arthritis.ca. I await your positive response. Dean Iorfida Big Brothers Big Sisters Month From: To: Date: Subject: Attachments: "Jon Braithwaite" <jon @niagarafallsmentors.org> "Dean Iorfida <diorfida @niagarafalls.ca> 8/7/2007 3:20 PM Big Brothers Big Sisters Month PROCLAMATION 2007.doc Jon Braithwaite Executive Director Niagara Falls Big Brothers Big Sisters phone 905 357 -5454 ext. 222 cell 905 650 -6769 fax 905 357 -3759 7150 Montrose Road, Unit 7 Niagara Falls, ON, L2H 3N3 Page 1 of 1 Dear Mr. Iorfida, I am once again in the process of requesting that the City of Niagara Falls consider proclaiming September Big Brothers Big Sisters month in Niagara Falls. As you may be aware, September is the largest recruitment month across the country, with over 200 municipalities proclaiming the month as Big Brothers Big Sisters month. I have attached a copy of the requested proclamation for your perusal, and look forward to hearing from you the next step. Additionally, we would truly value the opportunity to have the City of Niagara Falls raise our flag throughout the month. We would hope to hold a media conference at a flag raising on the morning of September 5th, and would hope that Mayor Salci or a member of council might be available to support this initiative. Thanks for your guidance and support on this key piece of our annual recruitment drive. Jon Help us reach our goal of ensuring that every child in Niagara Falls in need of a mentor, has a mentor. Check out our volunteer opportunities at www.niagarafallsmentors.orq file: /C:\Documents and Settings \di202\Local Settings\ Temp\XPgrpwise \46B88DA9Domai... 8/7/2007 PROCLAMATION Big Brothers Big Sisters Month September 2007 WHEREAS, Niagara Falls Big Brothers Big Sisters is a wonderful service organization committed to matching children and youth with caring, volunteer mentors; AND WHEREAS, evidence -based research has shown that the Big Brothers Big Sisters mentoring model contributes directly to increased academic achievement, better family and peer relationships, a substantially lower reliance on social assistance, reduced criminal behaviour, and a more successful transition from school to work; AND WHEREAS, the future of Niagara Falls Big Brothers Big Sisters depends not only on its past impact, but also on the future impact of its Little Brothers and Little Sisters and the continued commitment to its Big Brothers and Big Sisters; AND WHEREAS, Niagara Falls Big Brothers Big Sisters relies heavily on the strength and dedication of its volunteers who, through their commitment and support, make a profound difference in the lives of children and youth in our community; AND WHEREAS, the agency's goal is to expand its recruitment drive in order to serve more children and youth in our community; NOW THEREFORE, I, Ted Salci, Mayor of Niagara Falls, DO HEREBY PROCLAIM September, 2007 as Big Brother Big Sister Month. I encourage everyone to "Share a Little Magic" by logging onto www.niagarafallsmentors.orq to learn more about the volunteer programs offered by Niagara Falls Big Brothers Big Sisters. Down town NiagaraFall Board of Management July 18, 2007 Mayor R. (Ted) Salci and Members of the Municipal Council City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario P.O. Box 1023 L2E 6X5 Dear Members: P.O. Box 5, Main Station Niagara Falls, Ontario L2E 6S8 On behalf of the Nomination Chairman, please be advised that Downtown Board of Management is assuming that Aaron Lichtman has resigned his board position. Tel.: (905) 354 -0606 Fax: (905) 354 -5541 bia @niagarafallsdowntown.com www.niagarafallsdowntown.com At a recent meeting held July 10, 2007 the Board selected Mordechai Grun, of Historic Niagara Inc, who previously served as a Board member to replace Mr. Lichtman. City Council is being asked to ratify the appointment of this new member to the Board. Respectfully submitted Dorothy Duncan Administrator Downtown Niagara Falls: Where Friends Make the Difference Corporate Services Department Clerk's Division Inter Department Memorandum FROM: Dean Iorfida City Clerk Ext. 4271 RE: Project S.H.A.R.E. Requesting a waiver of building permit fees RECOMMENDATION: For the consideration of Council. Niagara& s (ANAUA TO: His Worship Mayor Ted Salci DATE: August 2, 2007 Members of Council As per the Building Division, the Permit fee is as follows: 49.69m2 x $10.74/m2 $533.67 As with similar requests in the past, Council would have to authorize a grant being given in the amount equal to the building permit fee. AgA- Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development Jul.31. .1:14PM PROJECT SHARE (905) 357 0143 .1( P r d) e o t 4129 Stanley Avenue, Unit 2 Niagara Falls, Ontario L2E 7H3 A Phone: 905,357,5121 Fax: 905.357.01 43 Our Community At Work v Email: info @projectshare.ca Web: www proJectshare.ca BOARD OF DIRECTORS Jim Ferraro Chairman Greg Hunt Vice Chairman John Carter Past Chairman Anna Luciano Joyce Morocco Brian PmIIow Paisley)anvary Pool Brian Thompson Members Elaine Harvey Executive Director Karen Steams Honourary Board Member ADVISORY BOARD Norman E. Armitage A. Douglas Blrreli Ann Louise Branscombe David G. Diston James V Glynn Ron Herkimer Robert Nicholson QC, MP Pamela Verrill Walker Dr. Robin Williams Naafi aFfilk UNITED WAY OF NIAGARA FALLS NIsgaralM Region Budding Community; adding Wu. Chant ible Number: 107861338RR0001 City Clerk City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario July 4, 2007 Sincerely, Jiiii Ferraro Chairperson, Board of Directors No.7765 P. 2 To the Office of the City Clerk, Thank you for your consideration regarding the proposed renovation of our upper floor. In our emergency food program we are seeing over 55 families on average per day who shop in our "store" for provisions. Each year the people we help through our Christmas Program is increasing. We are running out of space to administer these programs and find the proposed addition is necessary for the efficient delivery of the aforementioned programs. We are a non profit agency partially funded by the City of -Niagara Falls and the only people we help are residents of Niagara Falls. A large portion of our operating budget has to be fundraised. We are requesting that the fee for a building permit be waived as we do not have this additional expense factored into our budget. We value the partnership we have with our city hall. Please let us know as soon as possible what your decision is regarding the permit. Thank you. A measure of a community Is how It treats those who are disadvantaged 07/30/2007 MON 10: 00 FAX 905 357 9677 Guy Ungaro Law Office 11JOD l /001 July 30, 2007 VIA FAX NO. (905) 356 -9083 The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: Mayor Ted Saici Members of City Council Dear Sirs and Madames: Re: Front End Cost Sharing Agreement Sanitary Sewer Crossing at QEW Your File: S -50 -7 Barrister Solicitor 3486 Portage Road, Suite 101, Niagara Fails, Ontario L2J 2K4 Tel.: (905) 357 -5310 Fax: (905) 357 -9677 Re: Grassy Brook West Sanitary Servicing Review Municipal Class Environment Assessment Your File: S -70 -28 and S -50 -37 Sanitary Sewer Guy U ngaro, L T: SCLE RKS '070730 10:09 As you know, the City of Niagara Falls closed Montrose Road on May 15, 2007 from Chippewa Creek Road to Lyon's Creek Road supposedly until August, 2007. It appears that various work is being done, but is uncoordinated, resulting in a likely closure until November, 2007. The loss of business has been extreme, particularly since the City of Niagara Falls sold the secondary access to my client's property, namely Grassy Brook Road. My client estimates his loss will be in excess of $20,000.00 for the past two months. We are requesting interim compensation to ease the financial burden caused by this. Several years ago, my client paid for the installation of a twelve inch sewer at a cost of $84,000.00 on the basis that the City would ensure cost sharing by those properties which would be entitled to connect to the sewer. The City prepared a cost sharing calculation which incorrectly calculated the cost at $51,852.12. The City is now undermining my client's ability to recoup his expenses by offering the property owners at 8841 Montrose Road an opportunity to join in to the six inch sewer it is currently installing, I am requesting that the City compensate my client for the cost sharing lost by the actions of the City. Yours truly, Un cA,u, Guy Ungaro, LL.B. GU /kc Dean Iorfida Sams Montrose Inn.pdf From: Geoff Holman To: Dean Iorfida Date: 8/1/2007 1:06 PM Subject: Sams Montrose Inn.pdf CC: Ken Beaman Attachments: Sams Montrose Inn.pdf; MW- 2005 -51 Sam;s Montrose Hotel Front End Cost.wpd Page 1 of 1 Dean, I have reviewed the attached letter from Guy Ungaro dated July 30th, 2007 and have the following information which would help City Council in their consideration of this matter. 1. Claim for Lost Business City staff have received a claim for loss of business and are processing it in accordance with our current policy. 2. Sanitary Sewer The sanitary sewer currently under construction for the Grassy Book West Service area (Contract 2007 -18- 06) will not and cannot provide service to the property at 8841 Montrose Rd. as referenced in the letter. Mr. Ungaro is misinformed in this regard. The matter regarding the cost sharing for the sewer installed by Mr. Ungaro's client was addressed by Council on May 2nd, 2005,(see MW- 2005 -51). The City Solicitor's office has been reviewing this file to determine the best way to handle this Agreement. There are still some outstanding matters to be addressed. Mr. Ungaro should be directed to contact the City Solicitor's office to arrange a meeting to work out the details and apparent discrepancies in the cost shared amount. I would be happy to assist with the technical details if necessary. Geoff Holman, C.E.T. Director of Municipal Works City of Niagara Falls file: /C:\Documents and Settings \di202\Local Settings\ Temp\XPGrpWise \46B0854FDomai... 8/2/2007 The City of Niagara Falls Canada Alderman Selina Volpatti, Chairperson and the Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW- 2005 -51 Q.E.W. Sanitary Sewer Crossing Sam's Montrose Hotel Front End Cost Sharing Agreement RECOMMENDATION: BACKGROUND: Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel.: Fax: E -mail: (905) 356 -7521 (905) 356 -2354 eduj lovi ©city.n iagarafalls.on.ca May 2, 2005 Ed Dujiovic Director The recommendation(s) contained in this report were adopted in committee and ratified by City Council It is recommended that staff proceed with the preparation of a Front Ending Agreement under the authority of the Development Charges Act. In November 1993, the owner of Sam'S Montrose Hotel (8675 Montrose Rd.) petitioned the City to install a sanitary sewer across the Q.E.W. from Oakwood Dr. to the subject property in order to address problems associated with a failed septic system which was ordered to be replaced by the Regional Niagara Health Unit. City Council at its meeting held on January 10, 1994 adopted the recommendations set out in report MW -94 -03 and passed By -Law #94 -12 authorizing the construction of the sewer under section 7 of the Local Improvement Act. The section of sanitary sewer that was installed has capacity and adequate depth to service those properties located to the south of the Hotel as shown on the attached plan. The cost of this sewer was $51,$52.12. The owner has completed his financial obligations for the repayment of the costs and has requested the City to assist in the recovery of his costs should any other property owner in this area derive benefit from the future use of this sewer. The Development Charges Act, (sections 44 to 57) gives municipalities the authority to enter into a "Front- Ending Agreement" that provides for persons who, in the future, develop land within the Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services MW- 2005.51 Municipal Works staff would like to hold a meeting to discuss possible cost sharing formulae and alternatives before the Front Ending Agreement is drafted for Council's consideration. The purpose of this report is to seek Council's direction to initiate this first part of the process. Prepared by: Respectfully submitted: G C.E.T. Manager of Development May 2, 2005 2 MW- 2005 -51 area defined in the agreement to pay an amount to reimburse some part of the costs of the work. The process involves input from the affected property owners and the appeal process is through the Ontario Municipal Board. Approved by Ed Dujlovic, P.Eng. Director of Municipal Works t 5') John MacDonald Chief Administrative Officer Corporate Services Department Clerk's Division Inter Department Memorandum FROM: Dean Iorfida City Clerk Ext. 4271 RE: Curfew for Youth RECOMMENDATION: For the information of Council. NiagaraJG'alls CANADA TO: His Worship Mayor Ted Salci DATE: August 13, 2007 Members of Council Please find a correspondence from a local resident calling for a curfew for the City's youth. In addition, staff has included a newspaper article regarding a curfew in Thompson, Manitoba, which is being challenged in the courts. Council is also reminded that the local tourism industry is very dependent on youth workers, who often have to work past 11:00 p.m. during the summer months. Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development CO Z2)-Lp, t_.J2 6-1 7 (>200 toks, (-/A 7 LC /0 Thompson teen, parents take youth curfew to court Page 1 of 2 Thompson teen, parents take youth curfew to court Last Updated: Tuesday, January 16, 2007 1 8:47 AM CT CBC News Lawyers for two parents and a 17- year -old boy in Thompson, Man., filed a constitutional challenge Monday against the city for a curfew they say discriminates against young people by banning them from city streets at night. The Public Interest Law Centre, which is a service of Legal Aid Manitoba, filed a statement of claim Monday in Court of Queen's Bench on behalf of Lynn Sauve, her 17- year -old son and another mother. It claims that the curfew bylaw, which city council adopted on July 18, 2005 in an effort to curb vandalism, violates the Charter of Rights and Freedoms. The curfew prohibits youth from being alone or unaccompanied by guardians while out in public after certain hours: 10 p.m. for children under 12, 11 p.m. for those 12 to 15 and midnight for 16- and 17- year -olds. The curfew is lifted at 7 a.m. the following morning. Children and youth can be fined up to $500 for not obeying the curfew. Their parents or guardians can also be fined for not making sure their children follow the curfew. Sauve said Monday that the bylaw discriminates against all children and teens, including the ones she sees at the Boys and Girls Club program she runs in Thompson. "If our students are leaving here in the evening, they're going to get picked up. For what? Not drinking and trying to stay out of trouble and utilizing the computers and watching TVs that they don't have at home Sauve said. "It just frustrated me because I've never given my own 17- and 19- year -old a curfew ever." Mayor Tim Johnston said Monday that no child has been charged under the bylaw to date. Rather, he said, police use the bylaw to warn kids seen out late to get home. The city has not yet filed a statement of defence. Johnston had no comment on the lawsuit itself, as the city seeks legal advice. Johnston's predecessor, Bill Comaskey, told CBC News in September that he did not support the curfew, but his council passed it as a way to curb vandalism and crime by local youth. Curfew violates several rights: lawyers Winnipeg lawyer Myfanwy Bowman, who is helping Sauve with several arguments, said Monday their challenge of the curfew will address part of the charter that deals with children's right to equality. Her Thompson counterpart, Ron Dearman, said the curfew violates young people's freedom of association and right to be free from arbitrary detention. "This bylaw would allow a police officer to come and take a child off the street and detain him and then http:// www.cbc.ca/canada/manitoba/story /2007 /01/16 /thompson curfew.html 7/31/2007 Thompson teen, parents take youth curfew to court Page 2 of 2 return him to his parents," Dearman said. "It affects the liberty and rights of each child to be subject to such arbitrary detention." Dearman added that the curfew is unfair because it penalizes all youth, even those who have done nothing wrong. "In Manitoba we have child welfare laws that the police and the child welfare authorities have already to enforce," he said. "But to make it a blanket [law] to pick up any and every child who may be on the street after a certain hour goes way beyond the powers that the city has been given under federal and provincial legislation. Dearman and Bowman had raised the possibility of a legal challenge with the city in May 2006. They had asked the city to amend or rescind the bylaw, but the city never gave them a response. http:// www .cbc.ca/canada/manitoba/story /2007 /01/16 /thompson curfew.html 7/31/2007 ek-• If 01.“e--- ,A) 7 °L--- :;42-• 1 J 1 (el- IrtSaiee: C 1 ctxP G 1 4 "----do U f d- 4 _,7%,e..a.+ 4z_v__ r 7 ...a_ „d_esn.Ai-c-ic-tz_i /..izsiL ..,e—At d zt)-e- I\Le c"--- c"..-aest--At-- IL.__ Zs v 7 3 ..d-12.-- ii/0- -1) e J y c 7 f 0--(`- �s p i y 4,1_c•__. ctoz July 20, 2007 Mrs. Elizabeth Murray Suite 207 7720 Dorchester Rd. Niagara Falls, ON L2G 5W2 Dear Mrs. Murray: NiagaraFalls '07 02315 :08 On behalf of Niagara Transit, thank you for taking the time to convey your concerns in writing. I will address the issues you identified in your letter in the order they were noted. Your initial concern was the cleanliness of our bus shelters. Although the shelters are cleaned at least once per month, our contract with the cleaning provider notes that shelters in need of additional cleaning are to be addressed at Niagara Transit's request. I did notice the cleaning service was washing some shelters today, but am not sure if the shelter(s) in question were on their schedule to be cleaned. You also expressed concern regarding the state of the bus stop benches and lack thereof. At present, all the bus stop benches displaying advertising are the property of the Kiwanis Service Club. In return for the revenue generated from the sale of this space, the Club members are required to provide and maintain an adequate number of benches for our customers. I have some concerns with respect to this program in its present form and am in agreement Niagara Transit has to enhance this amenity for our customers. Your final comment was in reference to buses running late. I can assure you every effort is made to adhere to our posted schedules so connections are maintained. Naturally, inclement weather, construction delays, and heavier summer traffic on some routes can cause schedule adherence issues, but our Transit Supervisors and Bus Operators have been trained to exercise caution and drive safely when faced with such challenges Safety is paramount. ueen t, P.O. Box. 1023, Niagara Fails,: ON, Canada L2E 6X5 905- 356 -7521. www.nia.arafalls.ca Mrs. Murray, Niagara Transit values your opinions and appreciates your business. When you have an opportunity, would you kindly contact me and let me know which shelter(s) were of concern and I will make sure they are suitably cleaned. I can be reached at (905) 356 -1179. Sincerely, David Stuart General Manager, Niagara Transit Copy: Mayor's Office Members of Council Mr.Dean lorfida, City Clerk Mr. Karl Dren, Director of Transportation Services August 13, 2007 F- 2007 -30 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2007 -30 Municipal Accounts RECOMMENDATION: BACKGROUND: Niag arajlalls CANADA That Council approve the municipal accounts totaling $14,192,472.05 for the period June 27, 2007 to July 31, 2007. The accounts have been reviewed by the Acting Director of Financial Services and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by: Todd Harris Act g rector of Financial Services Approved by: Respectfully submitted: N Ken Burden, Acting Executive Director of Corporate Services John MacDonald, Chief Administrative Officer 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 August 13, 2007 HR- 2007 -06 Mayor Ted Salci, Chair Niagaraf1ails and Members of Council CANADA City of Niagara Falls, Ontario Re: HR- 2007 -06 Benefits Renewal Sun Life Assurance Company of Canada RECOMMENDATION: That Council approve the premium renewal of employee benefits with Sun Life Assurance Company, provider of Life, Extended Health, Dental, Long Term Disability and Accidental Death and Dismemberment, for the period of September 1, 2007 to August 31, 2008. BACKGROUND INFORMATION: In 2006, a comprehensive market review was conducted by BHH Benefits on behalf of the City of Niagara Falls. This resulted in the decision to retain Sun Life as the incumbent carrier. At that time, premium rate guarantees were secured for Life Insurance, Long Term Disability and AD &D benefits. Life and AD &D premiums were guaranteed until September 2009, while premium rates for L.T.D. are guaranteed until September, 2008. Administrative expense levels for Health and Dental benefits are guaranteed until September, 2008. Better than anticipated claims activity of the City workforce contributed to a surplus position of approximately $200,000 during the past year. The goal of setting new premium rates, however, is to ensure that premiums are sufficient to prevent a deficit or surplus in the year's operations. New premium rates proposed by Sun Life are expected to achieve that goal. Following renewal rate recommendations and negotiations with Sun Life, the proposed benefit premium renewal is an overall increase of 0.9% for the period of September 1, 2007 to August 31, 2008. This increase is well within our budgeted allowance for this fiscal year. Based on the anticipated claims utilization trends and rating factors, we are confident that the proposed renewal rate (0.9 is reasonable, competi ive and sufficient to achieve a "break- even" position on next year's operations. Recommended by: Approved by: Respectfully submitted: Tr-nt Dark, Director of Human Resources Ken Burden, Acting Executive Director, Corporate Services 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca John MacDonald, Chief Administ Working Together to Serve Our Community tive Officer Corporate Services Department Human Resources August 13, 2007 L- 2007 -41 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Recommended by: Approved by: Respectfully submitted: K. Beaman /sm Niag araj CANADA Re: L- 2007 -41 Correction of Fees and Charges By -law Our File No. 2005 -376 1) That By -law No. 2006 -224 be amended by deleting from page 6 of Schedule "A the fee for Preparation of Discharge of Property Standards Order and by changing the fee indicated on page 15 of Schedule "A" of that by -law for Preparation of Discharge of Property Standards Order to $200.00. That the $200.00 fee described in paragraph 1 of this Recommendation, be distributed within the City administration as a credit of $75.00 to the Legal Services department and $125.00 to the Building By -law Services department. Recent experience has demonstrated that there is a technical flaw in the Fees and Charges by -law relating to the fee for discharging a Property Standards Order. Staff proposes that the by -law be amended to resolve this flaw. The amendment will not increase the fee that the City has been charging for the discharge of a Property Standards Order. The amendment establishes a proper legal foundation for the fee. Ii 1 Ken Beaman, City Solicitor K. E. Burden, Acting Director of Corporate Services acDonald, Chief Administrative Officer 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 Corporate Services Department Legal Services August 13, 2007 MW- 2007 -81 His Worship Mayor Ted Salci and Members of Council City of Niagara Falls, Ontario Re: MW- 2007 -81 Deerfield Estates Subdivision Agreement Amendment Relotting of Multi Family Blocks RECOMMENDATION: Niagaraf1alls CANADA That Council approves the revised subdivision agreement schedules (attached) that reflect the relotting of two multi family blocks recently approved by Council. BACKGROUND: Council has approved the removal from Part Lot Control Blocks 274 and 275 and lots 214,215 and 216 within this plan of subdivision (PLC- 02/2007 attached). This allows the developer to relot these parcels to create single family lots which now necessitate a revision to the current agreement. The developer will be resubmitting site servicing and grading plans to the City for further review and approval. Approved by: Recommended by: Respectfully submitted; Geoff Holman, 1' ector of Municipal Works Ed Dujlovic, Executive 'rector of Community Services John MacDonald, Chief Administrative Officer R.Volpini S: \REPORTS \2007 Reports \MW 2007 -81 Deerfield Estates Relotting.wpd 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 Schedule Page This is not a Plan of Survey Schedule A -1 Deerfield Estates Subdivision W E Scale 1:NTS K 10IS Request312006Wchedules \SubdmswnslDeerfield Estateslm plan map September 2006 a 14 13 12 11 10 9 GIAVCIC DRIVE 28 7 8 15 jr. amsorm 53 52 51 50 49 48 47 46 45 44 43 42 41 40 39 38 37 36 34 29 30 32 8 15 25 \t‘ 11111 1111 29 30 This is not a Plan of Survey KAGIS Requests \2006 SchedulanSubdivunons \Deerfield Estaus\mstaa.map Schedule A 2 Deerfield Estates Subdivision Q 38055 -2 Easements 38055-2 1 Q Existing Property Parcels Schedule Page N S Scale 1:NTS July 2007 In the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272 273, Parts 1 to 53 inclusive (Formerly Lots 214, 215 216 and Blocks 274 275), Block 276 (Multi family), 277 (Woodlot), 278, 279 (Parkland), 280 (School Site), 281 (Kalar Road Widening), 282, 283, 284, 285, 286, 287 288 (0.30m Reserve), and streets namely Parkside Road, Milomir Street, Alina Court, Richard Crescent, Flora Court, Mary Drive, Glavcic Drive, Christopher Crescent, Desanka Avenue, Armelina Crescent, Kelsey Crescent and Forestview Boulevard, according to Registered Plan 59M -354 59R- S U Subdnnwns12005 -338 Deerfield EpNa■Scheduk B wpd Schedule "B" Deerfield Estates Subdivision Schedule Page Items *Does not include City share of cost Cost Estimates Not Tender Prices N/A Not Applicable due to Pre- servicing 1. Watermains Watermains rncludmg water service laterals to the street line on all streets within the subdivision. $683,630 $219,600 2. Sanitary Sewermains Sanitary sewermains including service laterals to the street line on all streets withm the subdivision. 3. Storm Sewermains Storm swermains includmg service laterals and catchbasms on all streets withm the subdivision. 4. Granular Roads Excavation and Granular "A" base of all streets within the subdivision. $871,905 $455,890 S. Base Roads Curb, gutter and base asphalt paving of all streets within the subdivision including the construction of Granular "A" driveway ramps to all lots within the subdivision. $716,825 $302,160 Schedule "C" Deerfield Estates Subdivision Summary Cost of Services Column I Column II Column III Column IV Column V Column VI Column VII Column VIII Column IX Column X Total Total Cash Deposit Estimated Total Cash Deposit Estimated Total Cash Deposit Estimated Estimated Estimated Payable Letter of Credit Estimated Payable Letter of Estimated Payable Letter of Cost Cost When When Cost When Credit When Cost When Credit When Agreement Agreement Agreement Agreement Agreement Agreement Signed Signed Signed Signed Signed Signed Endre Pro act Phase 1 Phase 1 Phase 1 Phase 2 Phase 2 Phase 2 Phase 3 Phase 3 Phase 3 $219,600* N/A $279,100 $772,985 $257,755 $257,755* N/A $319,110 $1,428,930 $505,635 $505,635* N/A $546,950 $455,890* N/A $232,300 $302,160 $232,975 $279,100 $184,930 $319,110 $546,950 $376,345 $232,300 $183,715 Schedule Page $184,930 $196,120 $196,120 $376,345 $183,715 $232,975 $181,690 $181,690 *Does not include City share of cost Cost Estimates Not Tender Prices N/A Not Applicable due to Pre- servicing 6 Finished Roads Items Surface asphalt paving of all streets within the subdivision. 8465,885 $225,230 7. Sidewalks and Fencing a) Sidewalks 1.5 m on both sides of Parkside Road and Forestview Boulevard, south side of Milomir Street, east side of Mary Drive, east and south side of Christopher Crescent, north side of Glavcic Dnve, west and south side of Annelma Crescent, east side of Desanka Avenue, east side of Kelsey Schedule "C" Deerfield Estates Subdivision Summary Cost of Services $225,230* $142,385 Schedule Page Column 1 Column 11 Column 111 Column IV Column V Column VI Column VII Column VIII Column IX Column X Total Total Cash Deposit Estimated Total Cash Deposit Estimated Total Cash Deposit Estimated Estimated Estimated Payable Letter of Credit Estimated Payable Letter of Estimated Payable Letter of Cost Cost When When Cost When Credit When Cost When Credit When Agreement Agreement Agreement Agreement Agreement Agreement Signed Signed Signed Signed Signed Signed Entire Pro ect Phase 1 Phase 1 Phase 1 Phase 2 Phase 2 Phase 2 Phase 3 Phase 3 Phase 3 $142,385 $98,270 $98,270 Crescent. $342,240 8133,760 $133,760* $68,560 b) Fencing Phase 1 chain hnk fence around wood lot. Phase 2 chain hnk fence and wood fence adjacent to Senior's Residence, adjacent to Hydro Comdor and adjacent to Kalar Road. Phase 3 chain hnk fence adjacent to Hydro Comdor. $26,100 $5,900 $5,900 $18,200 $18,200 $2,000 $2,000 868,560 $139,920 $139,920 Items *Does not include City share of cost Cost Estimates Not Tender Prices NIA Not Applicable due to Pre servicing Schedule "C" Deerfield Estates Subdivision Summary Cost of Services Schedule Page Column 1 Column II Column III Column IV Column V Column VI Column VII Column VIII Column IX Column X Total Total Cash Deposit Estimated Total Cash Deposit Estimated Total Cash Deposit Estimated Estimated Estimated Payable Letter of Credit Estimated Payable Letter of Estimated Payable Letter of Cost Cost When When Cost When Credit When Cost When Credit When Agreement Agreement Agreement Agreement Agreement Agreement Signed Signed Signed Signed Signed Signed Entire Pro'ect Phase 1 Phase 1 Phase 1 Phase 2 Phase 2 Phase 2 Phase 3 Phase 3 Phase 3 Street Signs a) Street name signs 58,000 $3,000 53,000 $3,000 $3,000 $2,000 $2,000 b) Regulatory traffic sign/Parking restriction signs $10,140 $10,140 $10,140 9. Street Trees $83,400 $30,400 $30,400 $31,400 $31,400 $21,600 $21,600 10. Street Lighting 5146,000 $54,000 $54,000 $52,000 552,000 $40,000 $40,000 Sub Totals $5,556,040 $2,203,470 $10,140 $754,450 $1,925,980 $0 $1,925,980 $1,426,590 $0 81,426,590 10 Contmgency on Items 1 to 10 $556,040 $220,780 575,445 $192,600 $192,600 $142,660 $142,660 Items *Does not include City share of cost Cost Estimates Not Tender Prices NIA Not Applicable due to Pre servicing 11. Engineering Costs a) City's 3.0% administration fees on Items 1 to 10 inclusive. $166,815 $66,235 $66,235 $57,780 $57,780 $42,800 $42,800 b) Engineering fees 2.5% for inspection works to be constructed under Items 1 to 10 inclusive. $139,015 $55,200 $55,200 $48,150 $48,150 $35,665 $35,665 c) Streethght consultants inspection fee $9,220 $3,420 $3,420 $3,300 $3,300 $2,5O0 $2,500 Total Estimated Costs $6,427,130 52,549,105 5134,995 5829,895 52,227,810 $109,230 52,118,580 51,650,215 $80,965 $1,569,250 12. Lot Grading Performance Deposit $50,000 $50,000 $50,000 S\i SU d omvAOS33Z Deedehl Estate4Schedule cwpd Schedule "C" Deerfield Estates Subdivision Summary Cost of Services Schedule Page Column I Column 11 Column Ili Column IV Column V Column VI Column VII Column VIII Column IX Column X Total Total Cash Deposit Estimated Total Cash Deposit Estimated Total Cash Deposit Estimated Estimated Estimated Payable Letter of Credit Estimated Payable Letter of Estimated Payable Letter of Cost Cost When When Cost When Credit When Cost When Credit When Agreement Agreement Agreement Agreement Agreement Agreement Signed Signed Signed Signed Signed Signed Entire Pro ect Phase 1 Phase 1 Phase 1 Phase 2 Phase 2 Phase 2 Phase 3 Phase 3 Phase 3 Schedule "D" Deerfield Estates Subdivision Cost of Oversized Services: PHASE 1 1. Watermain on Forestview Boulevard and Parkside Road (a) Subdivider share 219,601 68.0 (b) City share 103,454 32.0 (c) Total 323,055 (100.0 2. Sanitary system on Parkside Road Cost share (a) Subdivider share 257,754.40 64.7 (b) City share 140.859.00 35.3 (c) Total 398,613.40 (100.0 3. Storm system on Parkside Road (a) Subdivider share 505,635.80 51.5 (b) City share 476,024.60 48.5 (c) Total 98I,660.40 (100.0 4. Stormwater Management Pond (a) City share (b) Total (a) Subdivider share (b) City share (c) Total 215,663 215,663 5. Granular roads Parkside Road through Hydro Corridor 455,888 9.922 465,810 (100.0 (100.0 97.9 2.1 (100.0 6. Base roads Parkside Road through Hydro Corridor (a) Subdivider share 302,159.50 96.2 (b) City share 11,890.50 3.8 (c) Total 314,050.00 (100.0 7. Finished roads Parkside Road through Hydro Corridor (a) Subdivider share (b) City share (c) Total 8. Sidewalks Parkside Road through Hydro Corridor (a) Subdivider share (b) City share (c) Total Total City share for Items 1 to 8 Add 10% Engineering and 6% GST Total City share 225,229 10.771 236,000 133,760 3.740 137,500 972,324.10 161.405.80 1,133,729.90 say 1,133,730 City share Development charge 1,133,730 316,665 817,065 payment to be made to developer 95.4 4.6 (100.0 97.3 2.7 (100.0 Schedule Page Note: City share in the above items includes 100% cost of constructing the Parkside Road section through the Ontario Hydro Corridor. PHASE 2 STAGE 1 1. Storm sewer for Dorchester Meadows (a) Subdivider share 237,084.00 85.3 (b) City share 40.693.00 14.7 (c) Total 277,777.00 (100.0 PHASE 3 STAGE 1 2. Sanitary system on Milomir Street (a) Subdivider share 53,232.40 84.6 (b) City share 9.725.00 15.4 (c) Total 62,957.40 (100.0 3. Storm sewer on Milomir Street (a) Subdivider share 97,975.40 85.6 (b) City share 16,436.00 14.4 (c) Total 114,411.40 (100.0 City share for Items 1, 2 3 Add 10% Engineering 6% GST Total City share The developer shall receive a credit for the City share towards the development charge in Schedule "F" for the Phase 2 Stage 1 and Phase 3 Stage 1 development phases which are being constructed together. S \I Subdtwrtonsl2003 -338 Deerfield Estatu6Scheduk D wpd Schedule "D" Cont'd Deerfield Estates Subdivision 66,854.00 11,097.76 77,951.76 Schedule Page Services on Existing Roads: None. S VI Subdivisions 2005 -33S Deerfield Bstates{Scheduk B wpd Schedule "E" Deerfield Estates Subdivision Schedule Page Development Charges (By- Law#2004- 138) Phase 1 1, 26-42, 83-97, 113 -152, 228- 93 Lots Smgle $3,405x93 56% Applicable 237,253 -262 Family 87,740 $316,665 Rate Block 276 Townhomes 100% Applicable Phase 2 -Stage 1 217- 227,238- 252, 263273, Single Parts 1 -53 mcl 84 Lots Family 87,740 Phase 2 -Stage 2 Single 153 -185 33 Lots Family Phase 3 Stage 1 2 -25 Amount Amount Amount Amount Amount Amount Amount Amount Amount Amount Payable at Payable at Payable at Payable at Payable at Payable at Payable at Payable at Payable at Payable at Lots/ Category Subdivision Building Permit Subdivision Building Permit Subdivision Building Permit Subdivision Building Permit Subdivision Building Units of Land RateNnit* Agreement Stage Agreement Stage Agreement Stage Agreement Stage Agreement Permit Stage Use Phase 1 Phase 1 Phase 2 Stg 1 Phase 2 Stg 1 Phase 2 Stg 2 Phase 2 Stg 2 Phase 3 Stg 1 Phase 3 Stg 1 Phase 3 Stg 2 Phase 3 Stg 2 Single 24 Lots Family Rate Schedule "F" Schedule Page Deerfield Estates Subdivision $3,405x84 8286,020 56% Applicable Rate Semi- 44% Applicable 56% Applicable 186 -213 28 units Detached Rate Rate $3,405x24 $81,720 56% Applicable Rate Phase 3 -Stage 2 Single 44% hcable 56% Applicable 43 -82, 98-112 55 Lots Family l Rate Rate Totals $316,665 $286,020 581,720 NOTE The subdivider will develop Phase 2, Stage 1 and Phase 3, Stage 1 together next after Phase 1 NOTE The rates and calculation shown reflect the development charges applicable at the time of the agreement as set out m By -law 2004 -138 If the building pertmts are issued after this date, the development charges rate at that date will apply NOTE City's share of services in Phase 2, Stage 1 and Phase 3, Stage 1 (Schedule "D") totals $77,951 76 and will be credited towards the developer's amount payable of 8367,740 for the Phase 2, Stage 1 and Phase 3, Stage 1 phases of development Therefore, the developer shall pay 8289,78825 in development charges at the subdivision agreement stage s ti Subdnmgn02005-335 Deerfield Esdoes\Schdule F apd Cash in Lieu of Parkland Dedication: Schedule "G" Deerfield Estates Subdivision The parkland dedication requirements of the subdivider under the Planning Act are addressed partially through land dedications and the payment of cash -in -lieu of parkland dedication. This land and payment represents the subdivider's responsibility for this subdivision as well as their additional land holdings abutting to the north (future residential plan). Land Dedication Block 278 and Block 279 Cash -In -Lieu of Parkland Dedication 3.88 acres at $100,000.00 per acre $388,000.00 S 11 Subdiwrons12005 -338 Deerfdd Sraeslachedub G wpd Schedule Page Easements and Lands to be Deeded to the City of Niagara Falls: 1. Easements To be granted to the City within the lands of the subdivision. a) For rearyard catchbasins and leads 3.0 m wide for full length centered on either side of lot line between: b) For rearyard catchbasins and leads 3.0 m wide adjacent to rear lot line: i) Lot 26 u) Lot 27 iii) Lot 83 iv) Lot 84 v) Lot 115 vi) Lot 116 vn) Lot 128 c) For rearyard catchbasin and leads 3.0 m wide by 3.0 m long in rearyard: i) Lot 9 u) Lot 177 d) For rearyard catchbasm and leads irregular shape along between: i) Lots 197 198 it) Lots 214 215 2. Blocks To be granted to the City within the lands of the subdivision. a) Block 281 Kalar Road 3.0 m widening b) Block 282 Kalar Road 0.30 m reserve c) Block 283 Kalar Road 0.30 m reserve d) Block 284 Milonur Street 0.30 m reserve e) Block 285 Glavcic Drive 0.30 m reserve f) Block 286 Forestview Boulevard 0.30 m reserve g) Block 287 Kelsey Crescent 0.30 m reserve h) Block 288 Parkside Road 0.30 m reserve i) Block 278 Block 279 Parkland j) Block 277 Woodiot 3. Blocks To be purchased by the City external to the lands of the subdivision. a) For future Parkside Road road allowance traversing the Ontario Hydro Corridor bemg Part 1 59R -13157 S U Subdly on02005.33S Deerfield EsualSeheduk H wpd Schedule "H" Deerfield Estates Subdivision i) Lots 2 3 xvui) Lots 88 89 xxxv) Lots 195 196 u) Lots 5 6 xvix) Lots 91 92 xxxvi) Lots 206 207 in) Lots 12 13 xx) Lots 97 98 xxxvii) Lots 209 210 iv) Lots 14 15 xxi) Lots 100 101 xxxviu) Lots 218 219 v) Lots 15 16 xxu) Lots 103 104 xxxix) Lots 221 222 vi) Lots 18 19 xxttt) Lots 106 107 xl) Lots 224 225 vn) Lots 31 32 xxiv) Lots 110 111 xli) Lots 245 246 viii) Lots 34 35 xxv) Lots 119 120 xii) Lots 248 249 ix) Lots 37 38 xxvi) Lots 121 122 xliu) Lots 263 264 x) Lots 40 41 xxvii) Lots 125 126 xhv) Parts 3 4 xi) Lots 57 58 xxvvu) Lots 130 131 xlv) Parts 10 11 xii) Lots 61 62 xxix) Lots 137 138 xlvi) Parts 18 19 xni) Lots 65 66 xxx) Lots 140 141 xlvu) Parts 26/27 28/29/30 xiv) Lots 76 77 xxxi) Lots 143 144 xlviii) Parts 35 36 xv) Lots 78 79 xxxn) Lots 149 150 xlix) Parts 42 43 xvi) Lots 81 82 xxxiii) Lots 179 180 xlx) Parts 49 50 xvii) Lots 86 87 xxxiv) Lots 182 183 via) Lot 133 ix) Lot 134 x) Lot 189 xi) Lot 228 xii) Lot 229 xm) Lot 230 Schedule Page xiv) Lot 236 xv) Lot 237 xvi) Lot 253 xvn) Lot 254 xviii) Parts 26/27 xvix) Parts 28/29/30 Information Signs, Street Name Signs and Parking Restriction Signs: PHASE 1 1. Regulatory Traffic Signs PHASE 2 (a) Parkside Road and Milomir Street (b) Parkside Road and Flora Court (c) Parkside Road and Glavcic Drive (d) Parkside Road and Forestview Boulevard (e) Forestview Boulevard and Desanka Avenue (f) Forestview Boulevard and Kalar Road 2. Parking Restriction Signs (a) Forestview Boulevard 1. Regulatory Traffic Signs (a) (b) (c) (d) (e) (f) (g) PHASE 3 Schedule "I" Deerfield Estates Subdivision Milomir Street and Mary Drive Mary Drive and Glavcic Drive Christopher Crescent and Glavcic Drive Christopher Crescent and Desanka Avenue Desanka Avenue and Glavcic Drive Glavcic Drive and Armelina Crescent Armelina Crescent and Desanka Avenue 2. Parking Restriction Signs (a) Flora Court 1. Regulatory Traffic Signs (a) Milomir Street and Alina Court (b) Glavcic Drive and Richard Crescent (c) Forestview Boulevard and Kelsey Crescent 2. Parking Restriction Signs (a) Alina Court S \i SubdiWiom12005.338 Deerfield ES tatalchedule t wpd Schedule Page 1 Lots or Blocks Unsuitable for Building: 1. Block 277 Woodlot 2. Block 278 Parkland 3. Block 279 Parkland S \I Subdrcreons\2003.338 Deerfield Selgq\&heduk J wpd Schedule "J" Deerfield Estates Subdivision Schedule Page June 11, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag araJlalls CANADA PIN2007 -37 The recommendation(s) contained in this report were adopted by City Council Re: PO- 2007 -37 PLC -0212007, Request for Removal of Part Lot Control Blocks 274 275 and Lots 214, 215 216, Registered Plan 59M -354 Milomir Street {South Side) Mary Drive (East Side), Deerfield Estates Owner: River Realty Development (1976) 'Inc. 1, That Council approve the request and pass the by -law included in tonight's agenda to designate Blocks 274 275 and Lots 214, 215 216, Registered Plan 59M -354, as exempt from Part Lot Control. 2. That the applicant be required to notify the City when the separate deeds have been registered. River Realty Development (1976) Inc. has submitted a request to remove property on the south side of Milomir Street (east of Parkside Road) and on the east side of Mary Drive from Part Lot Control (see attached letter and Schedule 1). This process enables the division of lots or blocks within a registered plan of subdivision. The general intent of removing Part Lot Control is for the minor redesign of subdivision Tots or the separation of semi detached or on- street townhouse units. The subject land is within the Deerfield Estates plan of.bdivision (59M -354) that was registered in November 2006. This subdivision was apved with a mix of single and semi detached dwellings, on- street townhouses, blockto nhouses, a school site, parkland and a woodiot area. Blocks 274 275 provide for the on- street townhome development while Lots 214 to 216 (inclusive) are three of several lots intended for semi detached dwellings. The applicant proposes a relotting of these parcels to allow the creation of 47 smal[ frontage single- detached Tots (minimum 9.90 metres /32.5 feet of frontage). The attached draft Reference Plan schedule 2) indicates the proposed division of the land. 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 11, 2007 2 PD- 2807 -37 The land is currentlyzoned Residential Mixed (R3 -743) through site specific Zoning By -law No. 2006 -56 (garages are to be constructed with each dwelling unit). This zoning category permits single- detached and semi detached dwellings as well as on- street townhouse dwelling units. The Committee of Adjustment approved a variance application (A- 13/2007) on May 1, 2007 to facilitate the proposed single- detached lots. The approval allowed reductions to minimum requirements for lot area, lot frontage and side yard width and an increase in the provisions for maximum lot coverage and driveway width. Although on- street townhousing is being eliminated in the subdivision, the smaller lot singles provide an alternate lot size and contribute to the mix of available housing types and sizes in the area. The owner and builders feel this lot size will address market demand for a smaller single detached dwelling. Approval of a Part Lot Control by -law is required so that new property lines can be established over the blocks and lots. A by -law time limit of five years has been requested to allow for the servicing, construction and market absorption of the 47 lots. Given the size of the overall subdivision and phasing, this timeframe is acceptable. CONCLUSION: The removal of Part Lot Control will permit the division of the subject land to create small frontage single- detached lots in response to market demand. 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: R.Wflson:gd Attach. Doug Darbyson, Director of Planning Development Ed Dujlovic, Executive Director of Community Services Joh S:iPDR12007WD- 2007.37, PLC- 02.2007, MIiomir- -Mary, Deerfield Estates.wpd cDonald, Chief Administrati a Officer 6265 MORRISON STREET, NIAGARA FALLS, ONTARIO L2E 6V2 P.O. BOX 576 FAX (905) 354 -1816 May 15, 2007 Mr. Rick Wilson City of Niagara Falls 4310 Queen Street, Box 1023 Niagara Falls, Ontario L2E 6X5 Dear Rick: RE: Removal of part lot control Blocks 274, 275 and lots 214, 215 216, Plan 59M -354 Further to our discussion, please accept this letter as our request for the removal of part lot control on the above noted blocks and lots. This request is related to the approvedskoneentAbitgAetE, application which allows for the provision of small lot single family lots. We understand the by -law removing part lot control will go to Council June 11, 2007. We have enclosed 3 full size copies and one —11 x 17. copy of the draft reference plan. Please contact the undersigned if you require any additional information. Yours truly, RIVER REALTY DEVELOPMENT (1976) INC. John Mestek, B.A. Property Manager JM/dm Per: TELEPHONE (905) 354-3853 River Realty Development (1976) Inc. 1 RECEIVED MAY 15 2007 PLANNING EVELOPMENT Removal of Part Lot. Control SCHEDULE 1 Blocks 274 2 75 and Lots 214, 215 216 Registered Plan 59M -354 (Deerfield Estates) Milomir Street (South Side) Mary Drive (East Side) Location Map 011111'111 NMI Imo olov 11111111 uIIII, ;E /11 =Pi Subject Land K:WISJtettuests\ 2007\ Schedules \PLCWeeHield_Estates:map Scale 1:NTS June 2007 SCHEDULE 2 1 11111HU11[IG11!1 1 1 i[1i ioei Vet 10024 a1M IU�1111 11 11111 1 991 161 d1HSN to (140,3NVIS A A .0 i nw 24e24 mu 'Wilt-MI Nlld/ 8 S b R i i b 124 b 41 E W w 'r i :Mt •LKS' M7d LRLIL 1f !NM f wre 1 j; 1#1 #111111 iod 2 r:n' •Lii:'.:1z,`f�i 4 LCf:a.�'T'[:.1I {.Si. 1 CBE -05 NYW 'F NNd August 13, 2007 MW- 2007 -86 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagarafalls Re: MW -2007- 86 Amendment to the Consulting Services Agreement for the Maple Street Sewer Separation Project RECOMMENDATION: That the Consulting Services Agreement with Earth Tech Engineering for the Maple Street Sewer Separation be amended at an increased cost of $10,075.00. BACKGROUND: In June of 2006, City staff requisitioned proposals from four local consultants for the design of the Maple Street sewer separation project. Proposals were received and analyzed by City staff. On July 31, 2006, Council approved staff's recommendation to appoint the detailed design to Earth Tech Engineering for the upset limit of $77,925.00 plus G.S.T. City staff have been working with Earth Tech Engineering over the past several months to complete the design and approvals for the Maple Street sewer separation project. As a result of the recent approval of the four -pad arena location, additional servicing is required to provide the proper water connection and improve the current storm outlet. The servicing required is the replacement of a watermain on Hamilton Street from Third Avenue to Fourth Avenue as well as the reconstruction of the storm sewer on the same street At this time, it would be advantageous to design and construct the watermain and storm sewer as part of the Maple Street works in order to save on the cost of tendering and administration. Earth Tech Engineering has been asked for a cost to add the watermain and storm sewer design to the Maple Street ks that they are currently designing. The cost of the additional engineering w• uld be $10,075.00. plus G.S.T. 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 Departme August 13, 2007 The total cost of the engineering will be funded from COMRIF funding and the watermain rehabilitation program. Recommended by: Approved by: 2 MW- 2007 -86 4e__„ Geoff Holman, Direc)or of Municipal Works Ed Dujlovic, Exe tive Director of Community Services Respectfully submitted: John MacDonald, Chief Administrative Officer F Tassone S:\REPORTS\2007 Reports\MW- 2007 -86 Maple Sewer Separation Update and Additonal Consulting Fees.wpd August 13, 2007 MW- 2007 -98 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: NiagaraJalls CANADA Re: MW- 2007 -98 Dorchester Road Reconstruction CNR Standard Warning System and Crossing Reconstruction Agreements RECOMMENDATION: 1. That staff be authorized to execute, the CNR, Standard Unfunded Crossing Warning System Modification Agreement, Standard Crossing Reconstruction Agreement. 2. Construct a new rail crossing and warning device system at the Dorchester Road crossing at a cost of $204,900.00. 3. That the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: In conjunction with the widening of Dorchester Road from Highway420 to Morrison Street, the CNR must reconstruct the rail crossing to four lanes and install a new warning device system, railway signals and gates, at the Dorchester Road rail crossing. The CNR requires the signing of a Standard Unfunded Crossing Warning System Modification Agreement and Standard Crossing Reconstruction Agreement. Upon execution of these agreements, the reconstruction will be coordinated with CNR and Alfidome Construction to complete the Dorchester Road reconstruction project including the Dorchester /Morrison intersection by early fall 2007. The cost of $204,900.00 for the new rail crossing and warning device system will be funded from the 2007 Municipal Works Capital Projects Budget Dorchester Road Environmental Assessment Account #12 -3- 310016 030000. 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 August 13, 2007 Recommended by: Approved by: 2 Geoff Holman, Director of Municipal Works Ed Dujlovic, Ex utive Director of Community Services Respectfully submitted: (John MacDonald, Chief Administrative Officer S: \REPORTS\2007 Reports \MW 2007 -98 Dorchester Road CNR Warning System Reconstruction Agreements.wpd MW- 2007 -98 August 13, 2007 MW- 2007 -99 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag araFalls CANADA Re: MW- 2007 -99 May Avenue Terrace Avenue Sanitary Sewers and Central Pumping Station High Rate Treatment Consultant Fees That the additional sanitary sewers on May Avenue and Terrace Avenue be constructed and the additional engineering consultant fees for Associated Engineering (Ont.) Ltd. to complete additional design and construction on the Central Pumping Station and Combined Sewer Overflow High Rate Treatment Facility, be approved. During the construction of the sanitary sewers and forcemains for the Central Pumping Station and High Rate Treatment facility, it was determined that the properties on May Avenue, Terrace Avenue and Buttrey Street were directly connected to the old Muddy Run sewer that will be converted to the storm sewer outlet for the new High Rate Treatment facility. To remove these houses from this sewer, a new sanitary sewer must be constructed on portions of May Avenue and Terrace Avenue. Also, the houses on Buttrey Street must be connected to a new sanitary sewer that is proposed on Buttrey Street. The cost to complete this additional construction by Gibbons Contracting is $360,387.60. This construction will be completed in the fall of 2007. The Central Pumping Station and Combined Sewer Overflow High Rate Treatment Facility completion date was May 1, 2007. The project is estimated to be behind schedule by four to seven months due to additional design, construction requests, issues and modifications that have occurred during the construction time frame. The approved budget for consulting engineering, Associated Engineering, for this project to May 1, 2007 was $1,728,000.00 with 40% as the City of Niagara Falls portion. In order to complete the construction, the City's portion of the additional consulting fee is estimated at $200,000 for additional work related to design, contract administration, inspection, commissioning, record drawn operations manuals, training, and maintenance issues. 4310 Queen Street, P0. 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 August 13, 2007 Financing: Project Costs: Sanitary Sewers May Avenue and Terrace Avenue V. Gibbons Contracting Ltd. Central Pumping Station High Rate Treatment Project Additional Consulting Fees Funding: 2006 Municipal Works Capital Projects Budget May Avenue, Terrace Avenue, Buttrey Street Special Purpose Reserve Sewer Rate Stabilization SPR #160 Recommended by: Approved by: 2 MW- 2007 -99 TOTAL $360,387.60 $200,000.00 $560,387.60 $370,000.00 $200,000.00 $570,000.00 Staff recommends approval of construction of these sanitary sewers and additional consultant fees as requested in order to facilitate completion of this important project. c Geoff H 'man, ire or of Municipal Works Ed Dujlovic, Eve Director of Community Services Respectfully submitted: 'John MacDonald, Chief Administrative Officer S: \REPORTS \2007 Reports \MW 2007 -99 Central P.S. HRT May, Terrace Additional Consultant Fees.wpd August 13, 2007 PD- 2007 -61 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagaraf1alls Re: PD- 2007 -61 Site Plan Control and the Regulation of Appearance of Structures Under Bill 51 RECOMMENDATION: That Council receive this report for information. BACKGROUND: City Council passed a motion at its meeting of June 11, 2007 that staff report back on new information granting Council authority to regulate the appearance and design features of buildings. The changes referred to in this motion deal with recent changes made to the Planning Act. The Planning and Conservation Land Statue Law Amendment Act, 2006 (Bill 51) received Royal Assent on October 19, 2006. It makes numerous amendments to the Planning Act that affect the land use planning process by providing additional tools for implementation of provincial policies and giving further support to sustainable development, intensification and brownfield redevelopment. Bill 51 and Site Plan Control Previously under the Planning Act, municipalities were limited in what could be required through the site plan process. The City could only use site plan control to show massing, relationship of the building to adjacent buildings and public space, ground cover, garbage storage, lighting, grading, fencing and interior walkways which have public access. Changes made under Bill 51 now allow the City to include matters relating to exterior design and appearance as part of the site plan process but only if there are provisions in the City's Official Plan and Site Plan Control Area By -law. Matters relating to exterior design include: character, scale, appearance and design features of buildings but do not include the colour, texture and type of materials, window detail, construction details, architectural detail and interior gn. The Official Plan and Site Plan Control Area By -law 2001 -103 must be revise. k these provisions before using these tools. 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 August 13, 2007 2 PD- 2007 -61 The use of the site plan process to regulate exterior design and appearance would be especially beneficial for areas such as the Downtown or Drummondville to encourage quality design and revitalization. The guidelines could also be used to ensure compatible, streetscape sensitive designs in all parts of the City. Updates Underway Planning staff has drafted changes to the Official Plan to address Bill 51 and are in the process of receiving agency comments on potential amendments. It is expected staff will be forwarding a report to Council with draft amendments in late summer. Also, Planning and Legal staff are currently undertaking a review of the City's Site Plan Control Area By -law 2001 -103 that will incorporate the provisions of Bill 51 including exterior design and appearance. Recommended by: Approved by: F.Berardi:gd Attach. S: \PDR12007 \PD- 2007 -61, Site Plan Control Appearance Of Structures- B11151.wpd Doug Darbyson, Direct of Planning Development Ed Dujlovic, Exec ve Director of Community Services Respectfully submitted: John MacDonald, Chief Administrative Officer A by -law to authorize the execution of an Agreement of Purchase and Sale (Operational Land Sales) with Ontario Realty Corporation respecting the purchase by the City of a portion of Hydro lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale between Ontario Realty Corporation acting as agent on behalf of Her Majesty The Queen In Right Of Ontario As Represented By The Minister Of Public Infrastructure Renewal and The Corporation of the City of Niagara Falls for Part of Township of Stamford Lots 155 and 164 lying west of Part 1, 59R -13157 designated as Part 1 on Reference Plan 59R- 13158; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto as Schedule "A is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of August, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 13, 2007. August 13, 2007. August 13, 2007. CITY OF NIAGARA FALLS By -law No. 2007 BETWEEN: RECITALS: AGREEMENT OF PURCHASE AND SALE OPERATIONAL LAND SALES TO MUNICIPALITIES ONTARIO REALTY CORPORATION acting as agent on behalf of HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL THE CITY OF NIAGARA FALLS (hereinafter called the "Vendor") and (hereinafter called the "Purchaser Her Majesty the Queen in Right of Ontario as represented by the Minister of Public Infrastructure Renewal (the "Owner is the owner in fee simple of the property defined as the "Property" in Article 1.1(v) of this Agreement. Ontario Realty Corporation "ORC confirms that it is the designated agent of the Owner and has the authority to exercise all rights of the Owner and that both the Owner and ORC are and shall be bound by all the Vendor's covenants, representations and warranties as provided herein. The Property consists of corridor land transferred to Her Majesty the Queen in Right of Ontario pursuant to section 114.2 of the Electricity Act, 1998, S.O. 1998, c.15, Sched. A as amended (the "Act and is subject to the statutory right provided by section 114.5 of the Act. The Purchaser has offered to purchase the Property from the Vendor and the Vendor has agreed to sell the Property to the Purchaser on the terms and conditions hereinafter set forth. NOW THEREFOR in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the parties hereto agree as follows: ARTICLE 1 DEFINITIONS 1.1 As used in this Agreement, the following terms shall have the following meanings: 2 (a) "Agreement" means this agreement, all Schedules attached hereto and every properly executed instrument which by its terms amends, modifies or supplements this agreement. (b) "As Ts Where Is" has the meaning ascribed to it in Section 5.1 of this Agreement. (c) "Authority" means any governmental authority, quasi governmental authority, agency, body or department whether federal, provincial or municipal, having jurisdiction over, or having any interest in, the Property as defined herein, or the use thereof. (d) "Buildings" means any existing structure(s), fixtures (save and except tenants' fixtures, and fittings) and facilities located on the Lands, including all heating, ventilation, plumbing, electrical and mechanical systems and related components and equipment comprising a part thereof. (e) "Business Day" means any day on which the Government of Ontario normally conducts business. (f) "Class EA" means the Class Environmental Assessment Process for ORC Realty Activities as approved, amended, or renewed from time to time by the Minister of the Environment pursuant to section 14 of the Environmental Assessment Act, R.S.O. 1990, c.E. 18. (g) (m) "Contaminant" has, for the purposes of this Agreement, the same meaning as that contained in the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended, and shall include the requirements of any and all guidelines and/or policies issued by the Ontario Ministry of the Environment and/or the Ministry of Labour. (h) "Date of Acceptance" means the date that ORC approves and accepts this Agreement. (i) "Date of Closing" means the day which is fifteen (15) Business Days following (i) the earlier of (A) the date that the Purchaser waives or satisfies its condition(s) contained in Article 5 of this Agreement and (B) the expiry of the Inspection Period if this Agreement has not otherwise been terminated in accordance with Article 5, or (ii) the date that the Vendor fulfills its condition(s) contained in Article 6 of this Agreement, whichever date is the later date or any extension thereof pursuant to the terms of this Agreement. "Deposit" means the deposit provided for in Section 2.1(a) of this Agreement. "Environmental Law" includes, but is not limited to all applicable federal and provincial statutes, municipal and local laws, common law, and deed restrictions, all statutes, by -laws, regulations, codes, licences, permits, orders, directors, guidelines, decisions rendered by any Authority relating to the protection of the environment, natural resources, occupational health and safety or the manufacture, processing, distribution, use, treatment, storage, disposal, packaging, transport, handling, containment, clean -up or other remediation or corrective action of any Hazardous Substance. (1) "G.S.T." has the meaning ascribed to it in Section 3.1 of this Agreement. "Hazardous Substance" includes, but is not limited to any hazardous or toxic chemical, waste, by- product, pollutant, contaminant, compound, product or substance, including without limitation, any Contaminant, asbestos, 3 polychlorinated biphenyls, petroleum and its derivatives, by- products or other hydrocarbons and any other liquid, solid or gaseous material the exposure to, or manufacture, possession, presence, use, generation, storage, transportation, treatment, release, disposal, abatement, cleanup, removal, remediation or handling of, which is prohibited, controlled or regulated by any and is defined in or pursuant to any Environmental Law. (n) "Information Package" means any package provided by ORC to the Purchaser containing copies of the Property Documents and other information relating to the Property. (o) "Inspection Period" means that period of time which is thirty (30) days following the later of the Date of Acceptance or the date the Vendor notifies the Purchaser that the approval of the Lieutenant Governor in Council has been obtained as provided for in Section 6.2(a) of this Agreement. (p) "Lands" means the land(s) described in Schedule "A" to this Agreement. (q) "Land Use Regulations" means any land use policies, regulations, by -laws, or plans of any Authority that apply to the use of the Property including the existing Official Plans, zoning by -laws and zoning orders. (r) "Municipality" means the municipality (or municipalities) where the Property is located. (s) "ORC" means Ontario Realty Corporation. (t) "Owner" means Her Majesty the Queen in Right of Ontario as represented by the Minister of Public Infrastructure Renewal. (u) "Permitted Encumbrances" means the statutory right applicable to corridor land pursuant to section 114.5 of the Act, the pre- existing rights or interests in the corridor land pursuant to section 114.4 of the said Act, the rights of Hydro One Telecom Inc. pursuant to a Transfer and Grant of Easement Agreement dated April 1, 1999 and the encumbrances listed in Schedule `B" to this Agreement. (v) "Property" means collectively the Lands and the Property Documents but excludes Buildings and any other improvements on the Lands. Property Documents" means documents in ORC's current possession, to the best of its knowledge, related to the Property and may include: (i) Plans, specifications and drawings for the Buildings, including architectural, structural and mechanical drawings, plans, specifications, test results from engineers, architects and others relating to the Lands and related materials; (w) (ii) Executed copies of any Tenancy Agreements, assignable service contracts, operating agreements and management agreements; (iii) Copies of assignable guarantees and warranties of materials, workmanship, labour and materials relating to the Property that are still in effect; (iv) Copies of building inspection reports, environmental reports, heritage reports and archaeological reports; and (v) Any plan of survey of the boundaries of the Lands. "Purchase Price" means the total amount as set out in Section 2.1 that shall be paid by the Purchaser to the Vendor for the Property, exclusive of G.S.T. and subject to the adjustments specified in this Agreement. "Vendor" means the Owner and/or ORC. 4 ARTICLE 2 PAYMENT OF PURCHASE PRICE 2.1 Under this Agreement, the Vendor agrees to sell to the Purchaser and the Purchaser agrees to purchase from the Vendor the Property for the Purchase Price of Twenty One Thousand ($21,000.00) Canadian dollars, payable by the Purchaser to the Vendor's solicitor in trust, by certified cheque or bank draft as follows: (a) a sum equal to $2,100.00 (the "Deposit upon the submission of this offer to purchase, as a deposit to be credited towards the Purchase Price on the Date of Closing; and (b) the balance of the Purchase Price, subject to the adjustments set out herein on the Date of Closing. ARTICLE 3 GOODS AND SERVICES TAX 3.1 The Purchase Price of the Property does not include the federal Goods and Services Tax "G.S.T. payable by the Purchaser in respect of the purchase of the Property pursuant to the Excise Tax Act, R.S. 1985, c.E. 15 (Canada) (the "ETA Subject to Section 3.2 below, the Purchaser agrees to pay to the Vendor, on the Date of Closing, as a condition of closing of this transaction by certified cheque or bank draft, all G.S.T. payable as a result of this transaction in accordance with the certified ETA. 3.2 Notwithstanding Section 3.1 above, the Vendor shall not collect G.S.T. from the Purchaser in this transaction if the Purchaser is registered under the ETA and in that event, the Purchaser shall file returns and remit such G.S.T. to the Receiver General for Canada when and to the extent required by the ETA. The Purchaser shall provide to the Vendor, prior to the Date of Closing, a statutory declaration confirming that the Purchaser is registered under the ETA for the purposes of collecting and remitting G.S.T., and confirming its G.S.T. registration number under the Act, together with an indemnity in favour of the Vendor for any costs or expenses payable by the Vendor as a result of the Vendor's failure to collect G.S.T. from the Purchaser on the Date of Closing, such statutory declaration and indemnity to be in a form satisfactory to the Vendor's solicitor, acting reasonably. 3.3 The Purchaser's obligations under this Article 3 shall survive closing. ARTICLE 4 LAND TRANSFER TAX AND FEES 4.1 The Purchaser shall be responsible for the payment of Land Transfer Tax and registration fees and any other taxes and fees payable in connection with the registration of the transfer /deed of the Lands. ARTICLE 5 PURCHASER'S CONDITION, INSPECTION PERIOD, "AS IS WHERE IS" CONDITION AND INDEMNITY 5.1 The Purchaser shall accept, assume and take title to the Property in an "As Is Where Is" condition. The term "As Is Where Is" means in its condition or state on the date of this Agreement without any agreement, representation or warranty of any kind, either express or implied on the part of the Vendor, as to the state of title, the condition of the soil, the subsoil, the ground and surface water or any other environmental matters, the condition of the Lands or any other matter respecting the Property whatsoever, including without limitation, compliance with all laws including but not limited to Environmental Law, the existence of any Hazardous Substance or Contaminant, the use to which the Property may be put and its zoning. Without limiting the foregoing, it is understood that the Purchaser accepts, assumes and takes title to the Property subject to the land uses currently permitted on the Property by the applicable Land Use Regulations and the Purchaser shall not make and is not authorized by the Vendor to make, prior to Closing of this transaction, any applications to the Municipality or any Authority for changes or variances to the uses currently permitted on the Property including, without limitation, changes or variances to official plans and/or zoning by -laws applicable to the Property. 5 5.2 During the Inspection Period, the Purchaser shall conduct whatever investigations tests and inquiries it deems advisable with respect to the Property and its proposed use thereof including, without limitation, the condition and state of repair of any other matters of interest to the Purchaser with respect to the Property and shall satisfy itself with the result of all such investigations, tests and inquiries. If the Purchaser is not satisfied with any such matters, it shall have the right to terminate this Agreement by written notice at any time within the Inspection Period in which event the Deposit shall be returned to the Purchaser without deduction. 5.3 The Vendor grants to the Purchaser the right to enter upon the Property during the Inspection Period at its own risk and to conduct such investigations, tests and inquiries at its own expense as the Purchaser deems necessary in this regard, provided the Purchaser takes all reasonable care in the conduct of such investigations, tests and inquiries. The Vendor assumes no responsibility for and the Purchaser shall indemnify and save harmless the Vendor and Hydro One Networks Inc. from and against any and all claims, demands, costs, damages, expenses and liabilities whatsoever arising from its /their and/or its /their agents' or consultants' presence on the Property or its /their and/or its /their agents' or consultants' activities on or in connection with the Property. 5.4 In the event that the Vendor has provided the Purchaser with any report regarding the condition of the Property, it is agreed that the Vendor makes no representations or warranties with respect to the completeness or accuracy of such report(s) and shall not be liable to the Purchaser, its agents, employees or lending institution in any way for any omission or inaccuracy contained therein. The Purchaser covenants and agrees that any and all reports provided by the Vendor or obtained by the Purchaser and the information contained therein are strictly confidential and the Purchaser represents and warrants that neither the Purchaser, its employees, agents, consultants, or lending institution, all of whom shall be bound by the same confidentiality obligations, will release the report(s) or any of the information contained therein to any other individual, or corporation or to any other Authority, other than such disclosure as is necessary to permit proper evaluation of the Property by the Purchaser's lending institution, without the express written consent of the Vendor, and the Purchaser shall refuse all requests for such report(s) or information in the absence of the Vendor's express written consent, unless compelled to do so by any competent judicial or administrative Authority. If this Agreement is terminated for any reason, the Purchaser will return to the Vendor all reports and Property Documents without keeping copies. The Purchaser shall deliver to the Vendor forthwith following receipt, copies of any and all environmental or other reports the Purchaser commissions or obtains during the course of its investigations. 5.5 In the event of this Agreement not being terminated as herein provided the Purchaser shall be conclusively deemed to have waived all requisitions concerning any matters relating to the Property, save for any valid requisition on title made within the Inspection Period, and the Purchaser shall accept full responsibility for all conditions related to the Property, and the Purchaser shall comply with all orders relating to the condition of the Property issued by any competent government Authority, court or administrative tribunal, including any order issued against the Vendor including without limitation, any non- compliance with Environmental Law or relating to the existence of any Hazardous Substance or Contaminant. 5.6 The Purchaser shall be responsible for and hereby indemnifies and saves harmless the Vendor and its employees, directors, officers, appointees and agents from any costs, including legal and witness costs, claims, demands, civil actions, prosecutions, or administrative hearings, fines, judgments, awards, including awards of costs, that may arise as a result of (a) the condition of the Property, (b) any order issued by any Authority in connection with the condition of the Property, or (c) any loss, damage, or injury caused either directly or indirectly as a result of the condition of the Property including, without limitation, non compliance with Environmental Law or the existence of any Hazardous Substance or Contaminant or (d) any order, award, direction, payment, cost or other expense loss or liability constituting incremental costs as such term is used in Part IX.1 of the Electricity Act, 1998 as amended from time to time, and (e) the Purchaser's failure to comply with any obligations of the owner of the Property as contained in the Permitted Encumbrances. 6 5.7 This Article 5 shall not merge but shall survive the Date of Closing and shall be a continuing obligation of the Purchaser. ARTICLE 6 VENDOR'S CONDITIONS 6.1 (a) This Agreement is subject to the conditions set forth in Sections 6.2 and 6.3 hereof which have been inserted for the sole benefit of the Vendor and may be waived by the Vendor in its sole discretion, or by its solicitors on its behalf. The conditions are conditions precedent to the obligation of the Vendor to complete this Agreement on the Date of Closing. (b) If a condition is not fulfilled within the applicable time period, if any, and the Vendor fails to notify the Purchaser or the Purchaser's solicitors that such condition has been waived or the time period for compliance has been extended within the applicable time period allowed, if any, this Agreement shall be null and void, notwithstanding any intermediate act or negotiations, and, neither the Vendor nor the Purchaser shall be liable to the other for any loss, costs or damages, and the Deposit shall be returned to the Purchaser without deduction. 6.2 (a) It is a condition of this Agreement that the Vendor shall have obtained the approval of the Lieutenant Governor -in- Council pursuant to subsection 8(5) of the Ministry of Government Services Act, R.S.O. 1990, c.M. 25 for the sale of the Property to the Purchaser, which approval the Purchaser acknowledges may be arbitrarily and unreasonably withheld and the Vendor shall notify the Purchaser if and when such approval is obtained. (b) The Purchaser agrees that should the Vendor be unable to satisfy this condition within 9 months from the Date of Acceptance, subject to any agreement between the parties, this Agreement shall automatically be terminated and the Deposit shall be returned to the Purchaser without deduction. 6.3 The Vendor shall undertake or has undertaken such actions and measures as it deems necessary to comply with the requirements of the Environmental Assessment Act, R.S.O. 1990, c.E. 18 and the Class EA in each such case as they apply to the Property and the transaction contemplated by this Agreement (collectively, the "Environmental Requirements 6.4 Notwithstanding any other provision of this Agreement, the closing of such transaction is subject to continuing compliance to the Date of Closing with all such Environmental Requirements and in the event that prior to the Date of Closing: (a) any Authority makes or issues any order or directive pursuant to the Environmental Requirements that necessitates that the Vendor, in addition to the actions and measures taken aforesaid, take other or different actions or measures to comply with the Environmental Requirements (including, without limitation, an order or directive requiring the Vendor to comply with Part II of the Environmental Assessment Act); or the Vendor receives any notice or communication from any such governmental or public authority that it is considering whether to make or issue any such order or directive; or (b) (c) a written request has been made to the Minister of the Environment, of which the Vendor has notice, that other or different measures be taken to comply with the Environmental Requirements; then the Vendor may, at its option and in its sole discretion, extend the Date of Closing for up to an additional thirty (30) days by notice in writing to the Purchaser during which time the Vendor shall: (d) determine if the request in Section 6.4(c) above has been satisfied or has been refused; (b) 7 (e) comply with such order or directive (as the same may be modified or withdrawn) at its own expense, in which event it may extend the Date of Closing up to (but no more than) three times, for a further thirty (30) days each (for a maximum of ninety (90) days in the aggregate); or (f) terminate this Agreement by written notice to the Purchaser, in which case this Agreement shall be null and void and of no further force or effect and the Deposit shall be returned to the Purchaser without deduction, and neither party shall be further liable to the other pursuant to this Agreement. ARTICLE 7 RISK 7.1 Until closing of this Agreement on the Date of Closing, the Property shall be and remain at the risk of the Vendor, except as otherwise provided in Article 5. The Purchaser acknowledges that the Vendor, in respect of damage to the Property, is self insured. In the event of damage to the Property on or before the Date of Closing, the Vendor may elect (a) to repair the Property to the same state and condition as it was in at the time this Agreement was entered into in which event the Purchaser will complete the transaction without an abatement in the Purchase Price; or to reduce the Purchase Price by an amount equal to the cost required to complete the repair as estimated by an independent qualified architect or engineer retained y the Vendor acting reasonably and at arms length in which event the Purchaser will complete the transaction and accept a price reduction equal to such cost, or (c) to terminate this Agreement in which case the Deposit shall be immediately returned to the Purchaser, without deduction, and neither party shall have any further rights or obligations hereunder. ARTICLE 8 VENDOR'S WARRANTIES, REPRESENTATIONS AND COVENANTS 8.1 The Vendor warrants and represents to the Purchaser that the Vendor is not a non- resident of Canada within the meaning and intended purpose of section 116 of the Income Tax Act, R.S.C. 1970, c.I. 5 (Canada). 8.2 The Information Package, if any, provided by the Vendor or its agents, and any comments made by the Vendor, its employees, officers, directors, appointees, agents or consultants are for the assistance of the Purchaser in allowing it to make its own inquiries. The Vendor makes no representations or warranties as to, and takes no responsibility for, the accuracy or completeness of any of the information it has provided to the Purchaser. ARTICLE 9 PURCHASER'S WARRANTIES, REPRESENTATIONS AND COVENANTS 9.1 The Purchaser warrants and represents to the Vendor and hereby declares that the Purchaser does not have a conflict of interest with the Owner or ORC or with any of their respective directors, officers, appointees, employees or agents. The Purchaser agrees to provide a Statutory Declaration in the form attached hereto as Schedule "C" at the time of execution by the Purchaser of this Agreement. The Purchaser acknowledges that in the event that the information upon which the Statutory Declaration was provided has changed, the Purchaser shall inform the Vendor of such change up to and including the Date of Closing. 9.2 The Vendor shall deliver and the Purchaser shall accept vacant possession of the Property on the Date of Closing in an As Is Where Is condition, subject to the Permitted Encumbrances. 9.3 As of the Date of Closing, the Purchaser shall assume and be responsible as owner for the management and administration of the Property and the Vendor shall have no further responsibility whatsoever therefor. 8 9.4 Without limiting the generality of the foregoing, the Purchaser shall comply with the terms of and assume the obligations of the Owner under the Permitted Encumbrances as they relate to the Property, any agreement entered into by the Vendor with any Authority relating to the Property, all other agreements relating to public utilities and municipal services, the Land Use Regulations, all relevant municipal by -laws and all registered restrictions. The Purchaser further agrees and acknowledges that it shall assume and be bound by any contractual or other obligations which the Vendor, or any prior owner, may have entered into concerning the Property prior to the Date of Closing. 9.5 On the Date of Closing, the Purchaser will execute and deliver an Assignment, Assumption and Indemnity in the Vendor's standard form accepting, assuming and indemnifying the Vendor with respect to all such matters referred to in this Article 9. ARTICLE 10 PLANNING ACT 10.1 This Agreement is subject to compliance with the subdivision control provisions of the Planning Act, a consent for which shall be obtained by the Purchaser at its sole expense. 10.2 The Purchaser acknowledges that although the Vendor is entitled to rely on the Provincial Crown exemption in section 50(3)(c) of the Planning Act from the requirement to obtain a consent, the Vendor will not exercise its right to use such exemption unless requested to do so by the local municipal corporation in the absence of which the Vendor will be required to proceed by way of obtaining a consent pursuant to the Planning Act from the relevant Municipality. If necessary, the Vendor shall proceed with diligence to obtain such consent at the sole cost and expense of the Purchaser, which cost shall include all application fees, legal fees and disbursements, and all costs and expenses in connection with satisfying and/or complying with any conditions imposed as a condition of consent (the "Conditions If so requested by the Vendor, the Purchaser shall co- operate with the Vendor in the application for consent by revealing its proposed plans for the Property, attending at any hearings and making submissions and/or executing any documents required as a condition of obtaining such consent. 10.3 Notwithstanding the foregoing, if, after preliminary discussions with the Planning and Building Department of the relevant Municipality, the Vendor is of the opinion it will not be requested to use its Provincial Crown exemption or that the consent would not be granted, the Vendor shall be entitled to terminate this Agreement and the Deposit shall be returned to the Purchaser without deduction and neither party shall have any further obligation to the other respecting this Agreement. 10.4 If approval by the appropriate body is not given or, if approval is given but Conditions are attached which the Vendor in its absolute discretion is not prepared to satisfy, or if approval is given, but is appealed and the Vendor is not prepared to defend such appeal, then the Vendor may, by notice in writing to the Purchaser, terminate this Agreement, and the Deposit shall be returned to the Purchaser without deduction and neither party shall have any further obligation to the other respecting this Agreement. 10.5 In the absence of delivery of notice of termination by the Vendor as described in Sections 10.3 or 10.4, this Agreement shall be completed on the later of: (a) the Date of Closing; (b) five (5) days after notice is given by the Vendor to the Purchaser that the consent is final and binding, if no Conditions have been imposed and is not subject to further appeal; or (c) five (5) days after notice is given by the Vendor to the Purchaser that the Conditions have been satisfied, if Conditions have been imposed, and is not subject to further appeal. 10.6 Notwithstanding the foregoing, this Agreement may be terminated by the Vendor if the consent is not final and binding, or if any Conditions which have been imposed have not been satisfied, within one hundred and eighty (180) days after the Date of Acceptance (the "Initial Period If the consent is not final and binding, or if any Conditions imposed have not been satisfied, by such date, the Vendor may, at any time up to ten (10) 9 days following the expiration of the Initial Period, or each extended time period, as the case may be, extend the time on one or more occasions to obtain the consent in final and binding form, or to satisfy any Conditions imposed, as the case may be, for further periods of time chosen by the Vendor, provided that the total number of days of extension do not exceed three hundred and sixty -five (365) days after the Date of Acceptance (the "Extended Period upon notice to the Purchaser. If the consent is not final and binding, or if all Conditions have not been satisfied by the expiration of the Extended Period, this Agreement shall automatically be terminated and the Deposit shall be returned to the Purchaser without deduction and neither party shall have any further obligation to the other respecting this Agreement. 10.7 The parties acknowledge that the Vendor shall not be obligated to appeal any refusal to grant the consent to the severance, or any Conditions imposed, by the Committee of Adjustment or Land Division Committee, or to defend any appeal to the Ontario Municipal Board of an approval but may, in its sole and unfettered discretion, be entitled to do so. 10.8 Request to exercise its Provincial Crown exemption pursuant to section 10.2 shall be in the form of: (a) a letter from the Municipality's Planning and Building Department requesting the Vendor to exercise its Provincial Crown exemption set out in subsection 50(3)(c) of the Planning Act; or (b) a resolution of the Council of the Municipality requesting that the Vendor exercise its Provincial Crown exemption set out in subsection 50(3)(c) of the Planning Act. ARTICLE 11 REFERENCE PLAN 11.1 The Purchaser shall have prepared and deposit, at its own expense, in the appropriate Land Registry Office, a reference plan of survey of the Lands, if required. ARTICLE 12 TITLE 12.1 The Purchaser shall have the Inspection Period to investigate title to the Property at the Purchaser's expense. The Purchaser agrees not to call for the production of any title deed, abstract, survey or other evidence of title to the Lands except such as are, to the best of the Vendor's knowledge, in the possession of the Vendor. 12.2 On the Date of Closing, the Purchaser shall accept title to the Property in an As Is Where Is condition subject to the following: (a) all registered and unregistered agreements, easements, rights, covenants and/or restrictions in favour of municipalities, publicly or privately regulated utilities or adjoining owners, or that otherwise run with the Lands; (b) any encroachments that are shown on existing surveys or as may be revealed by an up -to -date survey; (c) the Land Use Regulations; (d) all other Permitted Encumbrances. 12.3 The Purchaser agrees to satisfy itself with respect to compliance with all such agreements, easements, restrictions or covenants, encumbrances and regulations referred to herein and agrees that the Vendor shall not be required to provide any evidence of compliance with same. 12.4 If, during the Inspection Period, the Purchaser furnishes the Vendor in writing with a valid objection to title which the Vendor is unwilling or unable to remove, remedy and satisfy and which the Purchaser will not waive, this Agreement shall be terminated notwithstanding any intermediate acts or negotiations with respect to such objection, the 10 Deposit shall be returned to the Purchaser without deduction and the Vendor shall not be liable for any costs or damages suffered by the Purchaser arising out of such termination or otherwise out of this Agreement. ARTICLE 13 NO ASSIGNMENT 13.1 The Purchaser shall not assign or register this Agreement, or any assignment of this Agreement, or any part of either, or register a caution in relation thereto. ARTICLE 14 PREPARATION OF TRANSFER/DEED DOCUMENTS AND LEGAL FEES 14.1 The Transfer/Deed of the Lands will be prepared by the Vendor, except for the Affidavit of Residence and Value of the Consideration "Land Transfer Tax Affidavit which will be prepared by the Purchaser. The Purchaser shall pay its own legal costs, registration costs, and all land transfer tax payable. 14.2 All reasonable legal costs incurred by the Vendor, inclusive of disbursements as they pertain to this Agreement and completion of the transaction of purchase and sale, shall be paid by the Purchaser. Such costs shall be treated as an adjustment to the Purchase Price in accordance with this Agreement. ARTICLE 15 TENDER 15.1 Any tender of money or documents pursuant to this Agreement may be made on the Vendor or the Purchaser or their respective solicitors. Money must be tendered in Canadian funds by certified cheque or bank draft. ARTICLE 16 ADJUSTMENTS 16.1 Adjustments between the Vendor and the Purchaser shall be made on the Date of Closing for taxes, local improvement rates, utility costs, rents, legal costs and disbursements, any other costs or expenses payable by the Purchaser hereunder, and other matters or items which are ordinarily the subject of adjustment. Such adjustments shall be made on the basis that the Date of Closing shall be for the Vendor's account. 16.2 Any adjustments that cannot be determined on the Date of Closing shall be determined by the parties as soon after the Date of Closing as is reasonably possible. Any amounts payable by one party to the other, as determined by the parties, acting reasonably, shall be paid within ten (10) days of the request for such payment. Upon completion, the Vendor and the Purchaser shall exchange undertakings to re- adjust the foregoing items, if necessary. ARTICLE 17 CLOSING DELIVERABLES 17.1 The Vendor shall deliver to the Purchaser on or before the Date of Closing, the following: (a) possession of the Property, in an As Is Where Is condition, subject to the Permitted Encumbrances; (b) an executed Transfer/Deed of Land in registerable form duly executed by the Vendor in favour of the Purchaser (save for any Land Transfer Tax Affidavit) or if applicable, such documents as are required to convey title in the electronic registration system; (c) an undertaking to re- adjust the statement of adjustments upon written demand, if necessary; (d) a direction regarding the payment of funds, if necessary; (e) statement of adjustments; and (f) such other deeds, conveyances or documents as the Purchaser or its solicitors may reasonably require in order to implement the intent of this Agreement. 17.2 The Purchaser shall deliver to the Vendor on or before the Date of Closing: (a) payment of the balance of the Purchase Price subject to adjustments; (b) if applicable, such documents as are required to convey title in the electronic registration system; (c) a direction as to title, if necessary; (d) an undertaking to re- adjust the statement of adjustments upon written demand, if necessary; (e) G.S.T. Declaration and Indemnity; (f) Statutory Declaration referred to in Schedule "C (g) an Assignment, Assumption and Indemnity pursuant to Section 9.5 in the form prepared by the Vendor's solicitor; and (h) such other deeds, conveyances, resolutions and other documents as the Vendor or its solicitors may reasonably require in order to implement the intent of this Agreement. ARTICLE 18 NOTICE 18.1 Any notice under this Agreement is sufficiently given if delivered personally or if sent by ordinary prepaid mail or prepaid courier or electronic facsimile machine addressed to the Purchaser at: The City of Niagara Falls P.O. Box 1023 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Attention: Geoff Holman Telephone: (905)356- 7521x4219 Facsimile: (905)356 -2354 and to the Vendor at: c/o Ontario Realty Corporation Real Estate Marketing 11th Floor, Ferguson Block 77 Wellesley Street West Toronto, Ontario, M7A 2G3 Attention: Patrick Grace Telephone: (416) 327 -2959 Facsimile: (416) 327 -3942 12 or at such other addresses as the Vendor and the Purchaser may designate from time to time. Any such notice shall be conclusively deemed to have been given and received upon the same day if personally delivered or sent by facsimile or, if mailed, three (3) Business Days after the same is mailed. Any party may, at any time by notice given in writing to the other party, change the address for service of notice on it. ARTICLE 19 GENERAL 19.1 Time shall in all respects be of the essence of this Agreement, provided that the time for doing or completing any matter provided for in this Agreement may be extended or abridged by an agreement in writing, signed by the Vendor and the Purchaser or by an agreement between their respective solicitors who are hereby expressly authorized in this regard. 19.2 This Agreement shall be binding upon, and enure to the benefit of, the Vendor and the Purchaser and their respective successors and permitted assigns. The Vendor and the Purchaser acknowledge and agree that the representations, covenants, agreements, rights and obligations of the Vendor and the Purchaser under this Agreement (collectively, the "Obligations shall not merge on the closing of this transaction, but shall survive closing and remain in full force and effect and binding upon the parties, save and except as may be otherwise expressly provided for in this Agreement. 19.3 Whenever the singular is used in this Agreement, it shall mean and include the plural and whenever the masculine gender is used in this Agreement it shall mean and include the feminine gender if the context so requires. 19.4 This Agreement constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the Property. 19.5 This Agreement and the rights and obligations of the Vendor and the Purchaser shall be determined in accordance with the laws of the Province of Ontario. 19.6 The Vendor and Purchaser agree to take all necessary precautions to maintain the confidentiality of the terms and conditions contained herein. The parties acknowledge that this Agreement and any information or documents that are provided hereunder may be released pursuant to the provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F. 31, as amended and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended, respectively. This acknowledgment shall not be construed as a waiver of any right to object to the release of this Agreement or of any information or documents. 19.7 The Purchaser agrees to ensure that the Purchaser, its partners, directors, officers, employees, agents, sub- contractors, volunteers and its financial institution shall maintain the confidentiality and security of all material and information which is the property of the Vendor and in the possession or under the control of the Purchaser pursuant to this Agreement. The Purchaser agrees to ensure that the Purchaser, its partners, directors, employees, agents, sub contractors, volunteers and financial institution shall not directly or indirectly disclose or use, either during or following the term of this Agreement, except where required by law, any material or information belonging to the Vendor pursuant to this Agreement, without first obtaining the written consent of the Vendor for such disclosure or use and in the event of termination of this Agreement, the Purchaser will be responsible for returning all such documentation and information to the Vendor without making copies. ARTICLE 20 IRREVOCABLE PERIOD 20.1 Signature of this Agreement by the Purchaser and the submission thereof to the Vendor constitutes an offer under seal, which is irrevocable for thirty (30) days from the date it is submitted to ORC and open for acceptance by the Vendor and, if necessary, by the Board of Directors of ORC during said thirty (30) day period, subject to an extension for a further period up to thirty (30) days at the sole discretion of the Vendor. This offer, once accepted on the Date of Acceptance, constitutes a binding contract of purchase and sale. This offer may be made and accepted by facsimile transmission, including facsimile signature provided that the original hard copy, with original signatures is received by both parties within seven (7) days of the facsimile acceptance. The Purchaser, in submitting this offer, acknowledges that there has been no promise or representation or assurance given to the Purchaser that any of the terms and conditions in this offer are or will be acceptable to the Board of Directors of ORC. ARTICLE 21 PARTICIPATION AGREEMENT [DIRECT DEALS ONLY/ 21.1 It is the express intention of the Vendor and the Purchaser that there shall be no speculation with respect to all or any portion of the Property. In the event of a bona fide arms length sale or proposed sale of the Property by the Purchaser or any affiliated company of the Purchaser as that term is defined in the Business Corporations Act, R.S.O. 1990, c.B. 16, at any time within five (5) years from the Date of Closing at the option of the Vendor, the Vendor shall have the right to 100% of any Profit as defined below shall be paid to the Vendor and the amount of such Profit shall be a charge on the Property in favour of the Vendor until paid. 21.2 "Base Amount" means the Purchase Price. 21.3 "Sale Price" means: The value in lawful money of Canada of all consideration and benefit paid or agreed to be paid for the Property by a bona fide purchaser dealing at arm's length with the Purchaser (or the Purchaser's heirs, administrators, successors or assigns including the value of all chattels situate thereon which are then owned by the Purchaser and which are intended to pass on such sale transaction and the value of any encumbrances or mortgages assumed by the purchaser or taken back as part of the consideration for such sale transaction, less the aggregate of the following: (a) the cumulative total of any and all capital improvements to the Property (as determined in accordance with generally accepted accounting principles) made by the Purchaser to the Property from and after the Date of Closing; any real estate commission payable by the Purchaser in disposing of the Property to such a bona fide purchaser in an amount not to exceed the then current industry practice; and (b) 13 (c) reasonable legal and accounting fees payable by the Purchaser in disposing of the Property. 21.4 "Profit" means the amount by which the Sale Price exceeds the Base Amount. OFFERED BY the Purchaser this day of 200_. THE CITY OF NIAGARA FALLS Per: Name: Title: Per: Name: Title: I/We have the authority to bind the Corporation 14 ACCEPTED BY the Vendor this day of 200_. ONTARIO REALTY CORPORATION acting as agent on behalf of HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL Per: Name: Title: Authorized Signing Officer I have the authority to bind the Corporation. 15 Schedule "A" LEGAL DESCRIPTION OF LANDS Part of Lots 155 and 164 Geographic Township of Stamford Now in the City of Niagara Falls, Regional Municipality of Niagara Designated as Part 1, Plan 59R -13158 16 Schedule "B" ADDITIONAL PERMITTED ENCUMBRANCES General Encumbrances: (a) the Lease, if any. (b) the Tenancy Agreements, if any, (for greater certainty including expired leases registered against title to the Property) and any notices of such leases registered on title to the Property, including all easements, rights of way, restrictions, restrictive covenants, servitudes and other similar rights in land contained in the leases, which exist as of the Date of Closing and any leasehold mortgages or security interests relating to tenants or the tenants' interest in respect thereof and which do not encumber the interest of the landlord thereunder; (c) Liens for real property taxes (which term includes charges, rates and assessments) or charges for electricity, power, gas, water and other services and utilities in connection with the Property or for construction in connection with the Property for amounts the payment of which is not yet due or delinquent; (d) easements, rights of way, restrictions, building schemes, licences, restrictive covenants and servitudes, rights of access or user, airport zoning regulations and other similar rights in land (including, without limitation, rights of way and servitudes for sewers, drains, gas and water mains, electrical power, telephone and cable conduits, poles, wires or cables) granted to, reserved or taken by any person which do not, in the aggregate, materially and adversely impair the use or marketability of any of the Property for the purposes for which it is presently held, and any rights reserved or vested in any Authority or public or private utility by the terms of any lease, licence, sub licence, franchise, grant, agreement or permit, subdivision, development, servicing, encroachment, site plan, parking or other similar agreement with any Authority or public or private utility; (e) title defects or irregularities which do not, in the aggregate, materially and adversely impair the use or marketability of the Property for the purpose for which it is presently held; (1) cost sharing, common use, reciprocal or other similar agreements relating to the use and/or operation of the Property and/or adjoining properties and all security given by the parties thereto to each other to secure their respective obligations thereunder; (g) any subsisting reservations, limitations, provisos, conditions or exceptions, including royalties, contained in the original grant of the Property from the Crown; (h) any rights of expropriation, access or use, or any other right conferred or reserved by or in any statute of Canada or the Province of Ontario; (i) the provisions of all applicable law including by -laws, regulations, ordinances, land use contracts, development agreements and similar instruments relating (without limitation) to development, use and zoning; (j) encroachments by any improvements on the Property over adjoining lands and easements or rights of way and/or any improvements on adjoining lands encroaching on the Property which do not materially and adversely affect the use or marketability of the Property; (k) any claim for lien which although registered, or of which notice has been given, relates solely to work done by or on behalf of a Tenant under a Tenancy Agreement, so long as the Vendor has not assumed payment of such work. Specific Encumbrances: 1. The Lease (if any); 2. The following Tenancy Agreements: (list leases and licences affecting the Property to be assumed by the Purchaser). 17 (ADD SPECIFIC LIST OF ANY ENCUMBRANCES DISCLOSED BY SOLICITOR'S TITLE REPORT). Canada Province of Ontario TO WIT DECLARED by the above -named Declarant, before me at the this day of 200_. A Commissioner, etc. Schedule "C" STATUTORY DECLARATION of IN THE MATTER OF THE TITLE TO: AND IN THE MATTER OF A SALE THEREOF from ONTARIO REALTY CORPORATION/HER MAJESTY THE QUEEN, IN RIGHT OF ONTARIO, AS REPRESENTED BY THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL (the "Vendor to: (the "Purchaser I, of the in the Province of Ontario, DO SOLEMNLY DECLARE, that: 1. I am the {title} of {name of Purchaser the Purchaser in the above captioned transaction and as such have knowledge of the matters hereinafter declared. 2. To the best of my knowledge and belief (name of Purchaser} and Ontario Realty Corporation are arms lengths parties and {name of Purchaser} has received no special knowledge nor special consideration in entering into the above Agreement of Purchase and Sale, which would lead to the presumption that the parties are not arms lengths parties. 3. To the best of my knowledge and belief (name of Purchaser} and Her Majesty The Queen in Right of Ontario as represented by The Minister of Public Infrastructure Renewal are arms lengths parties and {name of Purchaser} has received no special knowledge nor special consideration in entering into the above Agreement of Purchase and Sale, which would lead to the presumption that the parties are not arms lengths parties. 4. To the best of my knowledge and belief, there are no outstanding legal disputes or actions between the Vendor and Purchaser. 5. To the best of my knowledge and belief, (name of Purchaser} is not in conflict with Ontario Realty Corporation (or any of its employees) to the above transaction. 6. To the best of my knowledge and belief, (name of Purchaser} is not in conflict with Her Majesty The Queen In Right of Ontario as Represented By The Minister of Public Infrastructure Renewal (or any of its employees) to the above transaction. AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. ".7 STAMFORD .1. g4 I Nove. um./ r bew,wwwAlow M”4.10 W9 MM. ow pARt 0WAWNIS rerro.n STAMFORD TOWNSHI LOT 155 TolYNSHIP 1 273,1S15(•• •wM Hom-1 0,00, PLAN 44 k 4 A 3 27 '1 15 Ka.K.3 Dbl. 06. SNOW. RAT 0414- 26.6 SCHEDULE I oF 6A256-ao>96.0 0. PART 1. PL AN 59R-11287 1 PLR -1101 PART 4 1 PLAN 59R-11287 re 66.6.M6n Nos; J6 60 ii 26660.4) PAM°. ,6. 4 .PLAN 59R-32 6t77T6 WOO i.on11, ar o N.,...,i7NTMIM 1 1 4 4- -i- 7.-. 6:7- 1,.,.,-z_-_-_,...L..5:,...,-_-_:z..16.7,9-- -1- f 1.- LT 1 7 6 1.3_,....09 o 3 1 ni L 1 .1. im i:r: 59' la L J 1 4 15 1 1 PART 2. UPPER CANADA DRIVE to PLAN 59R SILVERSTAR COURT I.. UPPER CAN DRIVE PART 3 1 PL AN 599-11287 ROAM omi RAN TO LAX0 rtat PLAN 59R- •.3•1 NE06 WO DiP091. o. AMtr271111WEi Amo, -t4T OgnaAo LAM bowoce _Dp.(62 two REC... 7 01 RC LAND OTLES OnAbON or •oor.. 5066 *1540 NOVE5 All MAW 001*10034ION MOW bl 1155 ALAN WAS PEMTED O. WM.• Comm, I06.o4 ItAny T. Hem SARW1ING 616 OR A POEOECTSSOR 16664 MRCSS 0 STAbO METRIC NOTE (I444005 1606.6 LW INS KAN ARE Of ME11:45 0710 6,16 OF COMMIE° TO 6(07 07 (MORO lb 04040 EIFARING 8078 sEAReacs AR6 AsmoRcmc AND ARE RERRRE0 TO TM som LOW CA AMR 1 M WAR b. RAM 590-11187 WARM A SEARING 1E2012 ZZ PART OF LOTS 155 AND 164 (GEOGRAPHIC TOWNSHIP OF STAMFORD) CRY OF NIAGARA FALLS REGIONAL MUNICIPAUTY OF NIAGARA A0IF06. CAKRON. I1E1V:0 8551 1 MEW IMME0 2006 INS SAW MO Alm ME =MEV Aso .4 ACCGOVANCE NM OW SORES MT. OW SUPWTCRS ACI MO OW LAND 111405 007 ARD 046 REGUIAMOVS WAGE tWOEO 17(5 2 AR SUMET wAS ObARETM to. JULY "1 ANDREW CANERC.1 0.066 tam, Sun:, MiTER wrfas• NM II= 16.0602.66 16666.126 Now6 IOW, WIR u266 16.66666. C.O. &c 37606 „4 A by -law to authorize the execution of an Agreement of Purchase and Sale with Loblaw Properties Limited respecting the purchase of lands being Part 4 on Reference Plan 59R- 13060; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated July 16, 2007 and made between Loblaw Properties Limited and The Corporation of the City of Niagara Falls for the property described as Part of Block F, Plan 5 Township of Stamford designated as Part 4 on Reference Plan 59R- 10360; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of August, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 13, 2007. August 13, 2007. August 13, 2007. CITY OF NIAGARA FALLS By -law No. 2007 BETWEEN: AND: McLean Kea LLP AGREEMENT OF PURCHASE AND SALE THE CORPORATION OF THE CITY OF NIAGARA FALLS, (the "Purchaser LOBLAW PROPERTIES LIMITED, (the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and the Vendor hereby agrees to sell to the Purchaser the lands located along Dorchester Road, Niagara Falls, Ontario, and legally described in Exhibit "A comprising approximately 0.089 acres more or less, together with all easements, rights of way, privileges and appurtenances attaching thereto and enuring to the benefit thereof (the "Property"), upon the terms, conditions and provisions set forth in this offer (the "Agreement 2. PURCHASE PRICE 2.1 The purchase price for the Property (the "Purchase Price shall be in lawful money of Canada, payable as provided below. 2.2 Upon the acceptance of this Agreement, the sum of shall be paid in cash or by certified cheque to Vendor's solicitors, in trust, as a deposit pending completion or termination of this transaction. The deposit shall be placed in interest bearing form with a chartered bank or trust company and interest earned thereon shall form part of the deposit. The deposit and interest earned thereon shall hereinafter be referred to as the "Deposit The Deposit shall be held in trust pending completion or termination of this Agreement and shall be paid to the Vendor on the Closing Date and the full amount so paid shall be credited against the Purchase Price. If this Agreement is terminated prior to the Closing Date for any reason other than default by the Purchaser, the Deposit shall be forthwith returned to the Purchaser, without deduction. 2.3 The balance of the Purchase Price shall be payable to the Vendor on the Closing Date by certified cheque or bank draft, subject to adjustment to the Closing Date as provided in section 10. C: \DOCUME— Rdkelman \LOCALS —I\ Tcmp\pnp3FE\AGREEMENT OF PURCHASE AND SALE Final 07.06.TMP 3. GOODS SERVICES TAX McLean Kerr LLP 2 The Purchase Price does not include Goods and Services Tax "GST and, if this transaction is subject to GST, then applicable GST shall be in addition to the Purchase Price. All GST shall be collected and remitted as required by law. The Purchaser and the Vendor shall each provide the other with its respective current GST registration number. The Vendor agrees to co- operate with the Purchaser by making those elections and doing those reasonable things which will enable the Purchaser to satisfy the relevant requirements pertaining to GST and to minimize the effect of the GST on the Purchaser provided that in doing so, the Vendor does not incur any risk of incurring any tax liability and in any event the Purchaser shall pay the proper amount of GST payable on closing to the proper authorities and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser, on or before the Closing Date, shall execute and deliver to the Vendor, a Declaration regarding GST in the form appended as Exhibit "C The Vendor and Purchaser agree with each other that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. If this transaction is not subject to GST, the Vendor agrees to provide to the Purchaser on or before the Closing Date a written certificate certifying that the transaction is not subject to GST. 4. CLOSING 4.1 The closing of the transaction contemplated herein shall take place on the 10 day following the expiration of the Due Diligence Period provided in Section 5 hereof (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 4:30 p.m. local time. If such day is not a business day in Niagara Falls, Ontario, the Closing Date shall be the next following business day. 4.2 The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form in accordance with this Agreement, at the expense of Vendor, and shall contain the appropriate statements regarding compliance with the Planning Act, R.S.O. 1990. 4.3 If this transaction is required to be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, as amended, and the Electronic Registration Act, S.O. 1991, as amended, the Vendor and Purchaser agree that the exchange of closing funds, keys, non registerable documents and other items (the "Non Registered Deliveries and the release thereof to Vendor and Purchaser may, at the discretion of each party's respective legal counsel: (a) not occur contemporaneously with the registration of the Transfer /Deed of Land (and other documents to be registered in this transaction), and C:\DOCUME- I\dkelman \LOCALS —I \Temp \tmp3FBlAGREEMENT OF PURCHASE AND SALE Final 07.06.TMP (b) be subject to conditions whereby the solicitor(s) receiving the Non Registered Deliveries will be required to hold them in trust and not release them except in accordance with the terms of a document registration agreement between such legal counsel, which will be prepared by the Purchaser's solicitors and shall be in the form as recommended from time to time by the Law Society of Upper Canada. The exchange of the Non- Registered Deliveries will occur at a location mutually agreeable to each party's respective legal counsel. 4.4 The Vendor hereby directs the Purchaser to deal directly with RioCan Real Estate Holdings Inc. and its solicitors in the closing of this transaction, however the parties agree that this direction shall not derogate from the Vendor's obligations under this agreement. 5. DUE DILIGENCE AND CONDITIONAL PERIOD 5.1 This Agreement shall be conditional until 5:00 p.m., local time: (a) on the 30 day from final execution of this Agreement upon the Council of The Corporation of the City of Niagara Falls passing a by -law authorizing its execution of this Agreement and the purchase of the Property on the terms set out herein, if applicable, and if such by -law is required but is not passed, this Agreement shall be null and void and the Deposit shall be returned to the Purchaser without deduction and neither party shall be liable for any damages or costs, and (b) on the 30 day from fmal execution of this Agreement (the "Due Diligence Period to allow the Purchaser or its authorized representatives to complete the following (collectively called the "Due Diligence (i) 5.2 Intentionally deleted. 3 conduct such reasonable tests, inspections, examinations, investigations, enquiries and studies in respect of the Property as the Purchaser desires in its sole and absolute discretion, and to be satisfied with the results thereof, in the Purchaser's sole discretion, (ii) be satisfied, in the Purchaser's sole and absolute discretion, as to the environmental condition of the Property, in accordance with section 5.4 below, and (iii) be satisfied, in the Purchaser's sole and absolute discretion, as to the title to the Property pursuant to section 6 below. 5.3 Vendor and Purchaser agree that the provisions of this section 5 shall not be interpreted to authorize an inspection of the Property by any governmental agency or authority, other than the Purchaser. McLean KerrLLP C:\DOCUME— I\dkelman \LOCALS— I \Temp\Imp3FMAGREEMENT OF PURCHASE AND SALE Final 07.06.TMP 5.4 The Purchaser and its authorized representatives shall, upon one Business Day's verbal or written notice, conduct all the Due Diligence, including without limitation, such environmental and other tests, measurements or surveys in, on or below the Property, provided that the Purchaser shall do so: McLean Kerr LLP (a) at its own expense; and (b) at its own risk; and 6. TITLE 4 (c) in compliance with all safety health, environmental and related laws and regulations. The Purchaser shall restore the Property, so far as possible, to the original state in which the Property was before the Purchaser conducted its Due Diligence. 5.5 All Due Diligence shall be in accordance with the provisions of section 5.4 and shall not unreasonably interfere with the use, operation and enjoyment by the Vendor or its tenant(s) of the Property. 5.6 The Purchaser shall be allowed access to the Property immediately prior to the Closing Date to complete such further Due Diligence as may be advisable to determine independently that the condition and state of repair of the Property have not materially adversely changed since the Due Diligence Period, reasonable wear and tear excepted. It is a condition of Closing, for the benefit of the Purchaser only, that there be no material adverse change to the Property during the time period between the end of the Due Diligence Period and the Closing Date. The Purchaser covenants and agrees to repair or pay the reasonable cost of repair of any damage occasioned during and resulting from any Due Diligence of the Property conducted by the Purchaser or its authorized representatives. 5.7 Notwithstanding and in addition to the Purchaser's rights under any other provision contained in this Agreement, the Purchaser shall have the right to terminate this Agreement by written notice to the Vendor at any time during the Due Diligence Period if the Purchaser, in its sole and absolute discretion, is not satisfied with the results of any of the Due Diligence. In the event that the Purchaser terminates this Agreement as aforesaid, then this Agreement shall be of no further force or effect, the Deposit shall be returned to the Purchaser, without deduction, and neither party shall have any obligation or liability to the other under this Agreement. If the Purchaser fails to deliver such notice during the Due Diligence Period it shall be deemed to have waived the conditions contained in section 5.4. Furthermore, such conditions shall be for the sole benefit of the Purchaser and may be waived by the Purchaser at any time upon notice to the Vendor. 6.1 Without in any way derogating from the rights of the Purchaser pursuant to this Agreement, the Purchaser shall be allowed until 5:00 p.m. on the 10th business day after the expiration of the Due Diligence Period (the "Requisition Date to examine the C: \DOCUME— I\dkelman \LOCALS— I \Temp\tmp3FEWGREEMENT OF PURCHASE AND SALE Final 07.06.TMP McLean Kea LLP 5 Vendor's title to the Property at its own expense and to satisfy itself that there are no outstanding orders, infractions or notices from any Authority "Orders and that the present use o f the Property may be lawfully continued and to submit to the Vendor its objections to the title to the Property. The Purchaser shall not call for the production of any title deed, abstract of title or other evidence of title other than as may be in the Vendor's possession or under its control. If the Purchaser has any objections based on registered or unregistered title to the Property or to any outstanding Orders, or that the present uses of the Property may not be continued lawfully, then the Purchaser shall deliver a notice in writing to the Vendor listing any and all such objections in reasonable detail prior to 5:00 p.m. on the Requisition Date. The Vendor, acting reasonably, shall notify the Purchaser prior to 5:00 p.m. on or before the fifth day after the Requisition Date whether the Vendor shall be willing and able to remove, remedy or satisfy or correct, prior to the Closing Date, any matter which is the subject of any such objections. If, prior to 5:00 p.m. on the fifth day after the Requisition Date, the Vendor does not confirm that it will be willing and able to remove, remedy, satisfy or correct such objections, then the Purchaser may, by written notice to the Vendor given prior to the Closing Date, waive such objections; and if such waiver is not so made, then the Purchaser may terminate this Agreement by delivering notice to the Vendor to such effect and this Agreement, notwithstanding any intermediate act or negotiations in respect of such objection, shall be terminated upon delivery of such notice and neither party shall have any further rights or obligations hereunder. Except for any valid objection so made, the Purchaser shall be conclusively deemed to have accepted the Vendor's title to the Property, provided that the Purchaser reserves the right to make further requisitions on title and to submit any objections with respect to any matter or thing going to the root of title and with respect to any document which is registered against title to the Property after the third Business Day prior to the Requisition Date, but on or before the Closing Date, and with respect to unregistered instruments or encumbrances affecting title and any Orders of which the Purchaser becomes aware only after the third Business Day prior to the Requisition Date. If the Vendor is unwilling or unable to remove, remedy or satisfy such further objections and the Purchaser is not willing to waive the same this Agreement, notwithstanding any intermediate acts or negotiations in respect of such further objections, shall be at an end and neither party shall have further rights or obligations hereunder. 6.2 Within seven (7) days of the acceptance of this Agreement, the Vendor shall provide the Purchaser with copies of surveys, declarations of possession it has received from prior owners, if any, and environmental reports in the Vendor's possession or control relating to the Property with originals to be delivered on the Closing Date. 7. NO CHATTELS The Property is vacant land and the Vendor shall at its expense remove prior to the Closing Date, all fixtures, trade fixtures, equipment and chattels located on or about the Property. C: \DOCUME- I\dkelman \LOCALS -1 \Temp'tmp3FBWGREEMENT OF PURCHASE AND SALE Final 07.06.TMP 8. VACANT POSSESSION The Vendor represents and warrants that vacant possession of the Property will be delivered on the Closing Date. 6 9. VENDOR'S REPRESENTATIONS AND WARRANTIES 9.1 The Vendor represents and warrants to the Purchaser that: (a) the Vendor is the registered and beneficial owner of the Property and has the full right, power and authority to enter into this Agreement; (b) there is no pending or threatened litigation of any type against or relating to the Property or which might impair the Vendor's ability to sell the Property; (c) Intentionally deleted; (d) Intentionally deleted; (e) Intentionally deleted; (f) the Vendor is now and at the Closing Date will be a body corporate existing in good standing under the laws of the Province of Ontario with full corporate power, authority and capacity to accept this Agreement and to carry out the transaction contemplated in this Agreement; the Vendor will at the Closing Date have full and absolute right and power to convey and transfer the Property to the Purchaser or cause to be conveyed or transferred to the Purchaser good and marketable title as provided in section 6.1; (g) McLean Kerr LLP Intentionally deleted Intentionally deleted; and the Property is not, and at the Closing Date, shall not be: (i) restricted in any manner whatsoever pursuant to the Heritage Act (Ontario), as amended; (ii) restricted by or subject to any interest contemplated in the Family Law Act (Ontario), as amended; (iii) the subject- matter of or in any matter restricted by the Conservation Act (Ontario), as amended; and (iv) restricted in any manner pursuant to the Wetlands Policy Statement issued pursuant to the Planning Act (Ontario), as amended. C: \DOCUME— IWkelman \LOCALS- 1 \Temp\tmp3FB\AGREEMENT OF PURCHASE AND SALE Final 07.06.TMP 9.2 The Vendor agrees to provide on the Closing Date, a statutory declaration from a senior officer of the Vendor as to all of the representations and warranties contained in this Agreement. All of the Vendor's representations and warranties shall survive the closing of this transaction for a period of three months. 9.3 Except as otherwise provided herein, the Purchaser acknowledges and confirms that it is buying the Property on an "as is, where is" basis and solely and reliance upon its own due diligence searches, investigations and inspections and without any express or implied representations or warranties by the Vendor except as expressly set forth herein in Section 9 and on the statutory declaration required to be delivered pursuant to Subsection 9.2. The Purchaser shall be responsible to satisfy itself as to the Property and all other assets included in the purchase and the results of all of its due diligence searches and investigations and inspections without reliance, of any kind, upon any express or implied representations or warranties by or on behalf of the Vendor except as otherwise expressly set forth herein and by completion of the transaction contemplated by this Agreement the Purchaser agrees and confirms that is so satisfied. 10. ADJUSTMENTS Any realty taxes, water and unmetered utility charges as applicable shall be apportioned and adjusted by the parties as of the Closing Date (the Closing Date being for the Purchaser's account). The parties undertake to re- adjust as of the Closing Date any such item where the amount of such item is not known on the Closing Date and such obligation to re- adjust shall survive the Closing Date. No insurance shall be transferred to or assumed by the Purchaser on the Closing Date. 11. LAND TRANSFER TAX The Purchaser shall pay all land transfer taxes as required pursuant to the Land Transfer Tax Act (Ontario). 12. RESIDENCY McLean Kerr LLP 7 The Purchaser shall be credited towards the Purchase Price with the amount, if any, which it shall be necessary for Purchaser to pay to the Receiver General of Canada in order to satisfy Purchaser's liability in respect of tax payable by the Vendor under the non- residency provisions of the Income Tax Act by reason of this sale. The Purchaser shall not claim such credit if the Vendor delivers on completion the prescribed certificate or its statutory declaration that it is not then a non resident of Canada. C:\DOCUME— IWkciman \LOCALS— I\Temp \tmp3FBWGREEMENT OF PURCHASE AND SALE Final 07.06.114P 13. RISK TO VENDOR McLean Kerr LLP (a) to the Vendor at: and: 8 The Property shall remain at the risk and for the benefit of the Vendor pending completion. Should loss or damage occur, the Purchaser may at its option, complete the transaction or terminate this Agreement. Upon receipt of written notice of termination of this Agreement by the Purchaser, the Vendor shall return the Deposit without deduction and the Vendor shall not be liable for any costs or damages. 14. PLANNING ACT (ONTARIO) AND BULK SALES ACT (ONTARIO) 14.1 Intentionally deleted. 14.2 The Vendor covenants to comply with the Bulk Sales Act (Ontario) if applicable, prior to the Closing Date. 15. NOTICE Any notice required or permitted to be given by either party under this Agreement may be given by such party or its solicitors and shall be effectively given (i) by actual delivery; (ii) by sending the same by prepaid registered mail from Canada or by prepaid certified mail from the United States, as the case may be; or (iii) by fax as follows: Loblaw Properties Limited 1 President's Choice Circle Brampton, Ontario L6Y 5S5 C: \DOCUME- I\dkelman \LOCALS- I \Temp\Imp3FB\AOREEMENT OF PURCHASE AND SALE Final 07.06.TMP Attention: Mark Van Doodewaard Fax No.: (905) 861 -2617 c/o RioCan Real Estate Investment Trust The Exchange Tower Suite 700 130 King Street West P.O. Box 378 Toronto, Ontario M5X 1E2 Attention: Katy Ritcey Fax Number: 416 -866 -3020 With a copy to: Fogler Rubinoff LLP Barristers Solicitors 95 Wellington Street West McLean Kerr LLP with a copy to: 9 Suite 1200, Toronto Dominion Centre Toronto, Ontario M5J 2Z9 Attention: Raymond Gelgoot Fax No.: (416) 941 -8852 (b) to the Purchaser at: The Corporation of the City of Niagara Falls Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Attention: City Solicitor Fax No.: (905) 371 -2892 McLean Kerr LLP Barristers Solicitors Suite 2800 130 Adelaide Street West Toronto, Ontario M5H 3P5 Canada Attention: P. Todd Davidson Fax No.: (416) 366 -8571 Where any notice is delivered such notice shall be considered to have been given on the day received by the party to whom it was delivered. Any notice sent by prepaid registered mail from Canada or by prepaid certified mail from the United States shall be deemed to have been given on the fifth day following the date of mailing (provided that if there is an interruption of mail service through strike, lock out or similar reason, then no such notice shall be deemed to have been given until actually received by the intended party, whether by mail or otherwise). Where any notice is faxed it shall be deemed to have been given on the day faxed unless faxed after 5:00 p.m. in which event such notice shall be deemed to have been given on the next business day. Any party may change its address and/or fax number by providing a notice in accordance with this section. 16. TIME OF THE ESSENCE Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors C:\D000MEEI\dkelman\LOCALS —I \Temp \tmp3FB\AGREEMENT OF PURCHASE AND SALE Final 07.06.TMP 10 who are hereby expressly appointed in this regard. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day for completion of this Agreement. Money may be tendered in Canadian funds by bank draft or cheque certified by a chartered bank or trust company. 17. ASSIGNMENT This Agreement can be assigned by Purchaser without the consent of, but upon notice to, the Vendor. 18. BROKERAGE The parties represent and warrant to each other that no fees or commission are payable to any broker or third party for bringing about the sale contemplated in this Agreement. 19. REGISTRATION OF AGREEMENT The parties agree that in the event of default by the Vendor the Purchaser shall be permitted to register notice of this Agreement against the title to the Property in the Land Registry Office where the Property is located. 20. NON FETTERING PROVISION Nothing in this Agreement shall be construed, interpreted or deemed to limit or fetter the jurisdiction, authority or rights at law of the Purchaser in its capacity as a municipality and any decision of Purchaser in its capacity as a municipality shall not be deemed as contrary to the Purchaser's obligations to the Vendor under this Agreement. 21. BINDING AGREEMENT 21.1 By accepting this Agreement, the Vendor and Purchaser indicate their willingness to be bound by all of its terms. This Agreement shall then become a binding contract between the parties. 21.2 This Agreement contains the entire agreement between Vendor and Purchaser, and there are no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning the transaction contemplated hereunder. This instrument shall inure to the benefit of and bind the parties hereto, their respective heirs, executors, personal representatives, successors and assigns, as the case may be. The heading to the paragraphs hereof are for convenience of reference only. This Agreement shall be governed by the laws of the Province of Ontario. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall not be affected thereby. 22. ACCEPTANCE Vendor agrees that this offer shall be irrevocable by it until the expiry of 30 days after the date of the Vendor's execution hereof, after which time, if not accepted, this offer will McLean Kerr LLP C: \DOCUME— IWkelman\LOCALS \Temp \tmp3FBWGREEMENT OF PURCHASE AND SALE Final 07.06.TMP IN WITNESS WHEREOF this instrument has been duly executed by Vendor on 1u i H 2007. McLean Kerr LLP 11 become null and void. The parties agree that this Agreement may be accepted by facsimile Agreement and that when signed by both parties, this transaction shall be binding on both parties. Per: Name. Title: Per: Name: Title: ACCEPTANCE Per: C:\ DOCUME— I\dkelman\LOCALS- 1 Temp \tmp3FB'A REEMENT OF PURCHASE AND SALE Final 07.06.TMP LOBLAW 1 PERTIES LIMITED 111. A —.A S. Jane Marshall I L' Executive Vice President The foregoing Agreement is accepted by Purchaser on 2007. augi.n Senio Vice President, Legal Services I/We have authority to bind the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Title: Mayor Name: Title: City Clerk UWe have authority to bind the Corporation McLean Kerr LLP EXHIBIT "A" Part of PIN 64417 -0072 (LT) Part of Block F, Plan 5 designated as Part 4 on Reference Plan 59R -13060 City of Niagara Falls, Regional Municipality of Niagara C: \DOCUME— I\dkelman \LOCALS —I \Temp \bnp3FB\AGREEMENT OF PURCHASE AND SALE Final 07.06.TMP McLean Kerr LLP EXHIBIT "B" INTENTIONALLY DELETED C: \DOCUME- IWkelman \LOCALS- 11Temp \tmp3FB\AGREEMENT OF PURCHASE AND SALE Final07.06.TMP 4 4 EXHIBIT "C" GOODS AND SERVICES TAX CERTIFICATE AND INDEMNITY TO: LOBLAW PROPERTIES LIMITED "VENDOR RE: DORCHESTER ROAD, CITY OF NIAGARA FALLS AND LEGALLY DESCRIBED AS PART OF PIN 64417 -0072 (LT), PART OF BLOCK F, PLAN 5, DESIGNATED AS PART 4 ON REFERENCE PLAN 59R- 13060, CITY OF NIAGARA FALLS, REGIONAL MUNICIPALITY OF NIAGARA (THE "PROPERTY AND THE SALE OF THE PROPERTY BY LOBLAW PROPERTIES LIMITED TO THE CORPORATION OF THE CITY OF NIAGARA FALLS (THE "CITY 1. The City is registered pursuant to the Excise Tax Act (Canada), as amended, for purposes of paying the goods and services tax. The Company's registration number is which registration has not been amended or revoked. 2. The City will self assess and remit directly to the Receiver General of Canada the Goods and services tax payable and file the applicable prescribed GST form pursuant to the Excise Tax Act (Canada) "ETA in connection with the purchase of the Property. 3. The Property: (a) is being purchased by the City as principal for its own account and is not being purchased by the City as an agent, trustee or otherwise on behalf of or for another person or corporation; and (b) does not constitute a supply of a residential complex made to an individual for the purposes of the Excise Tax Act (Canada). 4. The Purchaser hereby indemnifies and saves harmless the Vendor from any liability for payment of GST, including but not limited to any related penalty, interest of other amounts which may be payable by or assessed against the Vendor under the ETA as a result of, or in connection with, the Vendor's failure to collect and remit any GST applicable on the sale and conveyance of the Property by the Vendor or any failure by the Purchaser to comply with the provisions of this Declaration and Indemnity. McLean Kerr LLP Dated 2007. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Title: Mayor Per: Name: Title: City Clerk C:IDOCUME— IWkelman \LOCALS- 11Temp\tmp3FB\AOREEMENT OF PURCHASE AND SALE Final 07.06.TMP I/We have authority to bind the Corporation A by -law to authorize the execution of an Agreement of Purchase and Sale with The Optimist Club of Niagara Falls respecting the purchase of lands being Part 3 on Reference Plan 59R -705; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated July 30, 2007 and made between The Optimist Club of Niagara Falls and The Corporation of the City of Niagara Falls for the property described as Part of Township Lot 97 designated as Part 3 on Reference Plan 59R -705; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of August, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 13, 2007. August 13, 2007. August 13, 2007. CITY OF NIAGARA FALLS By -law No. 2007 BETWEEN: AND: AGREEMENT OF PURCHASE AND SALE THE CORPORATION OF THE CITY OF NIAGARA FALLS, (the "Purchaser THE OPTIMIST CLUB OF NIAGARA FALLS, (the "Vendor OFFER TO PURCHASE The Vendor hereby offers for purchase by the Purchaser and the Purchaser hereby agrees to purchase from the Vendor the lands located along Dorchester Road, Niagara Falls, Ontario legally described in Exhibit "A and comprising approximately 0.1 acres more or less, together with all easements, rights of way, privileges and appurtenances attaching thereto and enuring to the benefit thereof (the "Property upon the terms, conditions and provisions set forth in this offer (the "Agreement 2. PURCHASE PRICE 2.1 The purchase price for the Property (the "Purchase Price shall be $30,400.00 in lawful money of Canada, payable as provided below. 2.2 Upon the acceptance of this Agreement, the sum of $2,500.00 shall be paid in cash or by certified cheque to Vendor's solicitor, in trust, as a deposit pending completion or termination of this transaction. The Deposit shall be held in trust pending completion or termination of this Agreement and shall be paid to the Vendor on the Closing Date and the full amount so paid shall be credited against the Purchase Price. If this Agreement is terminated prior to the Closing Date, the Deposit shall be forthwith returned to the Purchaser, without deduction. 2.3 The balance of the Purchase Price shall be payable to the Vendor on the Closing Date by certified cheque or bank draft, subject to adjustments to the Closing Date as provided hereafter in section 10. 2.4 In addition to the Purchase Price, the Purchaser shall pay the reasonable legal fees of the Vendor in negotiating and closing this transaction on a complete indemnity scale between the solicitor and his client. 2.5 In addition to the Purchase Price, and notwithstanding the closing of this transaction, the Purchaser agrees to repair any damage and restore any fencing to the property line that may be removed or damaged during the construction of the works for which the purchase is being made. McLean Kerr LLP c: \documc -1 \dkelmanMocals -1 \temp \tmpe6\agreement of purchase and sale draft 07.07.tmp 3. GOODS SERVICES TAX 4. CLOSING 4.1 The closing of the transaction contemplated herein shall take place on the 10`" day following the expiration of the Due Diligence Period provided in section 5 hereof, (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 4:30 p.m. local time. If such day is not a business day in Niagara Falls, Ontario, the Closing Date shall be the next following business day. 4.2 The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form in accordance with this Agreement, at the expense of Vendor, and shall contain the appropriate statements regarding compliance with the Planning Act and with the Family Law Act. 4.3 If this transaction is required to be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, as amended, and the Electronic Registration Act, S.O. 1991, as amended, the Vendor and Purchaser agree that the exchange of closing funds, keys, non- registerable documents and other items (the "Non Registered Deliveries and the release thereof to Vendor and Purchaser may, at the discretion of each party's respective legal counsel: McLean Kerr LLP 2 The Purchase Price does not include Goods and Services Tax "GST and, if this transaction is subject to GST, then applicable GST shall be in addition to the Purchase Price. All GST shall be collected and remitted as required by law. The Purchaser and the Vendor shall each provide the other with its respective current GST registration number. The Vendor agrees to co- operate with the Purchaser by making those elections and doing those reasonable things which will enable the Purchaser to satisfy the relevant requirements pertaining to GST and to minimize the effect of the GST on the Purchaser provided that in doing so, the Vendor does not incur any risk of incurring any tax liability and in any event the Purchaser shall pay the proper amount of GST payable on closing to the proper authorities and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser, on or before the Closing Date, shall execute and deliver to the Vendor, a Declaration regarding GST in the form appended as Exhibit "B The Vendor and Purchaser agree with each other that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. If this transaction is not subject to GST, the Vendor agrees to provide to the Purchaser on or before the Closing Date a written certificate certifying that the transaction is not subject to GST. (a) not occur contemporaneously with the registration of the Transfer /Deed of Land (and other documents to be registered in this transaction), and c: \docume-1 \dkelman\ocals -1 \temp \tmpe6\agreement of purchase and sale draft 07.07.tmp (b) McLean Kerr LLP (i) 3 be subject to conditions whereby the solicitor(s) receiving the Non Registered Deliveries will be required to hold them in trust and not release them except in accordance with the terms of a document registration agreement between such legal counsel, which will be prepared by the Purchaser's solicitors and shall be in the form as recommended from time to time by the Law Society of Upper Canada. c: \docume -1' 1kclman \locals -1 \temp \tmpc6 \agreement of purchase and sale draft 07.07.tmp The exchange of the Non Registered Deliveries will occur in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 5. DUE DILIGENCE AND CONDITIONAL PERIOD 5.1 This Agreement shall be conditional until 5:00 p.m., local time: (a) on the 30 day from fmal execution of this Agreement upon the Council of The Corporation of the City of Niagara Falls passing a by -law authorizing its execution of this Agreement and the purchase of the Property on the terms set out herein, if applicable, and if such by -law is required but is not passed, this Agreement shall be null and void and the Deposit shall be returned to the Purchaser without deduction and neither party shall be liable for any damages or costs, and (b) on the 30th day from final execution of this Agreement (the "Due Diligence Period to allow the Purchaser or its authorized representatives to complete the following (collectively called the "Due Diligence conduct such reasonable tests, inspections, examinations, investigations, enquiries and studies in respect of the Property as the Purchaser desires in its sole and absolute discretion, and to be satisfied with the results thereof, in the Purchaser's sole discretion, (ii) be satisfied, in the Purchaser's sole and absolute discretion, as to the environmental condition of the Property, in accordance with section 5.4 below, (iii) be satisfied, in the Purchaser's sole and absolute discretion, as to the title to the Property pursuant to section 6 below, (iv) be satisfied, in the Purchaser's sole and absolute discretion, that the Property is zoned to permit the construction and the intended use of the Purchaser, that all means of ingress and egress to and from the Property comply with the regulations and requirements of all governmental authorities having jurisdiction, and that there are no municipal work orders, deficiency notices or notices of non compliance relating to the Property, the building or accessory buildings or users thereon, 5.2 In order to assist the Purchaser in completion of the Due Diligence, the Vendor agrees to execute and deliver to the Purchaser forthwith upon acceptance of this Agreement, ten (10) copies of the Authorization in the form appended as Exhibit "C 5.3 Vendor and Purchaser agree that the provisions of this section 5 shall not be interpreted to authorize an inspection of the Property by any governmental agency or authority, other than the Purchaser. 5.4 The Purchaser and its authorized representatives shall conduct all the Due Diligence, including without limitation, such environmental and other tests, measurements or surveys in, on or below the Property, provided that the Purchaser shall do so: 5.5 5.6 The Purchaser shall be allowed access to the Property immediately prior to the Closing Date to complete such further Due Diligence as may be advisable to determine independently that the condition and state of repair of the Property have not materially adversely changed since the Due Diligence Period, reasonable wear and tear excepted. It is a condition of closing, for the benefit of the Purchaser only, that there be no material adverse change to the Property during the time period between the end of the Due Diligence Period and the Closing Date. The Purchaser covenants and agrees to repair or pay the reasonable cost of repair of any damage occasioned during and resulting from any Due Diligence of the Property conducted by the Purchaser or its authorized representatives. McLean Kerr LLP 4 (v) be satisfied, in the Purchaser's sole and absolute discretion, that it can complete its proposed development of the Property to the Purchaser's sole and absolute satisfaction at an economically feasible cost and within the Purchaser's projected time schedule. (a) at its own expense; and (b) at its own risk; and (c) in compliance with all safety health, environmental and related laws and regulations. The Purchaser shall restore the Property, so far as possible, to the original state in which the Property was before the Purchaser conducted its Due Diligence. All Due Diligence shall be in accordance with the provisions of section 5.4 and shall not unreasonably interfere with the use, operation and enjoyment by the Vendor of the Property. cPdocume —I dkclmanVocals- 1\tcmp\tmpe6\agreement of purchase and sale draft 07.07.tmp 5.7 Notwithstanding and in addition to the Purchaser's rights under any other provision contained in this Agreement, the Purchaser shall have the right to terminate this Agreement by written notice to the Vendor at any time during the Due Diligence Period if the Purchaser, in its sole and absolute discretion, is not satisfied with the results of any of the Due Diligence. In the event that the Purchaser terminates this Agreement as aforesaid, then this Agreement shall be of no further force or effect, the Deposit shall be returned to the Purchaser, without deduction, and neither party shall have any obligation or liability to the other under this Agreement. If the Purchaser fails to deliver such notice during the Due Diligence Period it shall be deemed to have waived the conditions contained in section 5.4. Furthermore, such conditions shall be for the sole benefit of the Purchaser and may be waived by the Purchaser at any time upon notice to the Vendor. 5.8 The Purchaser has the right upon prior written notice to the Vendor delivered at any time prior to the expiration of the Due Diligence Period, to extend the Due Diligence Period and/or the Closing Date for a period or periods not to exceed 180 days in the aggregate. If the Purchaser so extends the Due Diligence Period and/or the Closing Date, all of the terms and conditions of this Agreement shall apply and adjustments shall be made as of the extended Closing Date. 6. TITLE 6.1 On the Closing Date, the Vendor's title to the Property shall be good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for: McLcan Kerr LLP 5 (a) any registered restrictions or covenants that run with the land providing that such are complied with and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility, and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; (c) any minor easements for the supply of domestic utility or telephone services to the Property or adjacent properties and which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property; and c:\ \documc -I 1kelmanVocals —I \temp \ttnpc6\agreement of purchase and sale draft 07.07.tmp 6 (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which are acceptable to the Purchaser, in its sole and absolute discretion, and which, in the Purchaser's view, do not adversely affect the intended use of the Property. 6.2 The Vendor's title to the Property shall be examined by the Purchaser at its own expense and the Purchaser shall not call for the production of any title deed, abstract of title, survey, proof, evidence of title, certificate of compliance or proof of security, other than those in the Vendor's possession or under its control. Within seven (7) days of the acceptance of this Agreement, the Vendor shall provide the Purchaser with copies of surveys, declarations of possession and environmental reports in the Vendor's possession or control or other statutory declarations relating to the Property, with originals to be delivered on the Closing Date. 6.3 If within the Due Diligence Period and in addition to and without limiting the Purchaser's rights under section 5 hereof, the Purchaser shall furnish the Vendor in writing with any valid objection to title or notice of any matter provided in section 5 hereof, or to the fact that the principal building may not be insured against risk of fire, and which the Vendor shall be unable or unwilling to remove, remedy or satisfy and which the Purchaser will not waive, then this Agreement shall, notwithstanding any intermediate acts or negotiations, be null and void, the Deposit shall be returned to the Purchaser and neither party shall have any further obligation or liability to the other under this Agreement. 6.4 If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), chartered bank, trust company, credit union, caisse populaire or insurance company and which is not to be assumed by Purchaser on completion or which Vendor is required by this Agreement to discharge, is not available in registerable form on the Closing Date, Purchaser agrees to accept Vendor's solicitor's unqualified undertaking to obtain, out of the closing funds, a discharge in registerable form and to register same on title within forty-five (45) days after the Closing Date. Vendor, prior to the Closing Date, shall provide to Purchaser an unqualified mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with an irrevocable direction executed by the Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on the Closing Date. 6.5 Notwithstanding any other procision of this Agreement, the Purchaser agrees to take title to the Property subject to a charge by the Vendor in favour of the Purchaser, without abatement of the purchase price. 7. NO CHATTELS The Property is vacant land and the Vendor shall at its expense remove prior to the Closing Date, all fixtures, trade fixtures, equipment and chattels located on or about the Property. McLean Kerr LLP c: documc—1 \Ikclman \ocals- 1 \temp \tmpc6\agreement of purchase and sale draft 07.07.tmp 8. VACANT POSSESSION The Vendor represents and warrants that vacant possession of the Property will be delivered on the Closing Date. 9. VENDOR'S REPRESENTATIONS AND WARRANTIES 9.1 The Vendor represents and warrants to the Purchaser that: (a) the Vendor is the registered and beneficial owner of the Property and has the full right, power and authority to enter into this Agreement; the Vendor is now and at the Closing Date will be a body corporate existing in good standing under the laws of the Province of Ontario with full corporate power, authority and capacity to accept this Agreement and to carry out the transaction contemplated in this Agreement; and (c) there is no pending or threatened litigation of any type against or relating to the Property or which might impair the Vendor's ability to sell the Property. 9.2 The Vendor agrees to provide on the Closing Date, a statutory declaration from a senior officer of the Vendor as to all of the representations and warranties contained in this Agreement. All of the Vendor's representations and warranties shall survive the closing of this transaction. (b) 10. ADJUSTMENTS Intentionally deleted. 11. LAND TRANSFER TAX 7 The Purchaser shall pay all land transfer taxes as required pursuant to the Land Transfer Tax Act (Ontario). 12. RESIDENCY The Purchaser shall be credited towards the Purchase Price with the amount, if any, which it shall be necessary for Purchaser to pay to the Receiver General of Canada in order to satisfy Purchaser's liability in respect of tax payable by the Vendor under the non residency provisions of the Income Tax Act by reason of this sale. The Purchaser shall not claim such credit if the Vendor delivers on completion the prescribed certificate or its statutory declaration that it is not then a non resident of Canada. McLean Kerr LLP c: \docume -1 \dkelman \locals —I \temp \tmpc6\agreement of purchase and sale draft 07.07.ttnp 13. RISK TO VENDOR The Property shall remain at the risk and for the benefit of the Vendor pending completion. Should loss or damage occur, the Purchaser may at its option, complete the transaction or terminate this Agreement. Upon receipt of written notice of termination of this Agreement by the Purchaser, the Vendor shall return the Deposit without deduction and the Vendor shall not be liable for any costs or damages. 14. PLANNING ACT (ONTARIO) This Agreement shall be effective to create an interest in the Property for the Purchaser only if the Vendor complies with the subdivision control provisions of the Planning Act prior to the Closing Date. The Vendor covenants to proceed diligently and at its expense to obtain all necessary consents prior to the Closing Date. 15. NOTICE Any notice required or permitted to be given by either party under this Agreement may be given by such party or its solicitors and shall be effectively given (i) by actual delivery; (ii) by sending the same by prepaid registered mail from Canada or by prepaid certified mail from the United States, as the case may be; or (iii) by fax as follows: McLean Kerr LLP (a) to the Vendor at: 4751 Dorchester Road P.O. Box 124 Niagara Falls, Ontario L2E 6S8 with a copy to: 8 Attention: Fred Martin Fax No.: 905- 358 -0033 Broderick Partners LLP 4625 Ontario Avenue P.O. Box 897 Niagara Falls, Ontario L2E 6V6 Attention: William A. Amadio Fax No.: 905 -356 -6904 (b) to the Purchaser at: The Corporation of the City of Niagara Falls Legal Services 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario c: \documc— I \dkelmanVocals —I \temp \tmpc6\agreement of purchase and sale draft 07.07.tmp McLean Kerr LLP with a copy to: 9 L2E 6X5 Attention: City Solicitor Fax No.: (905) 371 -2892 McLean Kerr LLP Barristers Solicitors Suite 2800 130 Adelaide Street West Toronto, Ontario M5H 3P5 Canada Attention: P. Todd Davidson Fax No.: (416) 366 -8571 Where any notice is delivered such notice shall be considered to have been given on the day received by the party to whom it was delivered. Any notice sent by prepaid registered mail from Canada or by prepaid certified mail from the United States shall be deemed to have been given on the fifth day following the date of mailing (provided that if there is an interruption of mail service through strike, lock out or similar reason, then no such notice shall be deemed to have been given until actually received by the intended party, whether by mail or otherwise). Where any notice is faxed it shall be deemed to have been given on the day faxed unless faxed after 5:00 p.m. in which event such notice shall be deemed to have been given on the next business day. Any party may change its address and/or fax number by providing a notice in accordance with this section. 16. TIME OF THE ESSENCE Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective solicitors who are hereby expressly appointed in this regard. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective solicitors on the day for completion of this Agreement. Money may be tendered in Canadian funds by bank draft or cheque certified by a chartered bank or trust company. 17. ASSIGNMENT This Agreement can be assigned by Purchaser without the consent of, but upon notice to, the Vendor. c:`•documc -1 `dkcl man \locals -1 \tcmp'tmpe6\agreement of purchase and sale draft 07.07.tmp 10 18. BROKERAGE The parties represent and warrant to each other that no fees or commission are payable to any broker or third party for bringing about the sale contemplated in this Agreement. 19. REGISTRATION OF AGREEMENT The parties agree that the Purchaser shall be permitted to register notice of this Agreement against the title to the Property in the Land Registry Office where the Property is located. 20. NON FETTERING PROVISION Nothing in this Agreement shall be construed, interpreted or deemed to limit or fetter the jurisdiction, authority or rights at law of the Purchaser in its capacity as a municipality and any decision of Purchaser in its capacity as a municipality shall not be deemed as contrary to the Purchaser's obligations to the Vendor under this Agreement. 21. BINDING AGREEMENT 21.1 By accepting this Agreement, the Vendor and Purchaser indicate their willingness to be bound by all of its terms. This Agreement shall then become a binding contract between the parties. 21.2 This Agreement contains the entire agreement between Vendor and Purchaser, and there are no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning the transaction contemplated hereunder. This instrument shall inure to the benefit of and bind the parties hereto, their respective heirs, executors, personal representatives, successors and assigns, as the case may be. The heading to the paragraphs hereof are for convenience of reference only. This Agreement shall be governed by the laws of the Province of Ontario. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall not be affected thereby. 22. ACCEPTANCE The Vendor agrees that this offer shall be irrevocable by it until 5:00 /p m on September 15 2007 after which time, if not accepted, this offer will become null and void. The parties agree that this Agreement may be accepted by facsimile Agreement and that when signed by both parties, this transaction shall be binding on both parties. McLean Kerr LLP c:`documc -1 \dkclman\locals -I temp \tmpe6\agrcement of purchase and sale draft 07.07.tmp IN WITNESS WHEREOF this instrument has been duly executed by Vendor on ,,,.y� 2007 McLean Kerr LLP THE OPTIMIST CLUB OF NIAGARA FALLS Per: Name: Title: Per: Name: Title: ACCEPTANCE Per: Name: Title: Mayor Per: c:`,docume —I `dkelman \ocals -1 \temp \tmpe6\agreement of purchase and sale draft 07.07.tmp I/We have authority to bind the Corporation The foregoing Agreement is accepted by Purchaser on 2007 THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: Title: City Clerk I /We have authority to bind the Corporation EXHIBIT "A" Part of PIN 64416 -0247 (LT) Part of Township Lot 97 designated as Part 3 on Reference Plan 59R -705 City of Niagara Falls, Regional Municipality of Niagara McLean Kerr LLP c'documc— I'.dkclman\1ocals -1 \temp \tmpc6`agreement of purchase and sale draft 07.07,tmp TO: THE OPTIMIST CLUB OF NIAGARA FALLS "VENDOR RE: DORCHESTER ROAD, CITY OF NIAGARA FALLS AND LEGALLY DESCRIBED AS PART OF PIN 64416 -0247 (LT), PART OF TOWNSHIP LOT 97 DESIGNATED AS PART 3 ON REFERENCE PLAN 59R -705, CITY OF NIAGARA FALLS, REGIONAL MUNICIPALITY OF NIAGARA (THE "PROPERTY AND THE SALE OF THE PROPERTY BY THE OPTIMIST CLUB OF NIAGARA FALLS TO THE CORPORATION OF THE CITY OF NIAGARA FALLS (THE "CITY 1. The City is registered pursuant to the Excise Tax Act (Canada), as amended, for purposes of paying the goods and services tax. The Company's registration number is 119399392RT0001, which registration has not been amended or revoked. 2. The City will remit directly to the Receiver General of Canada the Goods and services tax payable and file the applicable prescribed GST form pursuant to the Excise Tax Act (Canada) in connection with the purchase of the Property. 3. The Property: McLean Kerr LLP EXHIBIT "B" GOODS AND SERVICES TAX CERTIFICATE AND INDEMNITY (a) is being purchased by the City as principal for its own account and is not being purchased by the City as an agent, trustee or otherwise on behalf of or for another person or corporation; and (b) does not constitute a supply of a residential complex made to an individual for the purposes of the Excise Tax Act (Canada). 4. The Purchaser shall indemnify and save harmless the Vendor from any GST, penalty, interest or other amounts which may be payable by or assessed against the Vendor under the ETA as a result of, or in connection with, the Vendor's failure to collect and remit any GST applicable on the sale and conveyance of the Property by the Vendor or any failure by the Purchaser to comply with the provisions of his Declaration and Indemnity. Per: Name: Title: Mayor c: docunu-- I' dkclman'locals— I \temp \tmpc6\agrecment of purchasc and sale draft 07.07.tmp THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Title: City Clerk I /We have authority to bind the Corporation EXHIBIT "C" AUTHORIZATION TO: WHOM IT MAY CONCERN RE: DORCHESTER ROAD, CITY OF NIAGARA FALLS AND LEGALLY DESCRIBED AS PART OF PIN 64416 -0247 (LT), PART OF TOWNSHIP LOT 97 DESIGNATED AS PART 3 ON REFERENCE PLAN 59R -705, CITY OF NIAGARA FALLS, REGIONAL MUNICIPALITY OF NIAGARA (THE "PROPERTY YOU ARE HEREBY AUTHORIZED to release to McLean Kerr LLP, Barristers and Solicitors, any information on file relating to approvals, work orders, notices, directives, deficiency notices, active files, orders to comply, control orders, stop orders, deficiency lists, notices on file, violations, contraventions or other requirements whatsoever with respect to the above -noted property and the improvements constructed thereon. This is not an authorization to carry out inspections. DATED this day of 2007 McLean Kerr LLP c: \docume-1`dkelman \locals -1 \temp \tmpe6\agreement of purchase and sale draft 07.07.tmp THE OPTIMIST CLUB OF NIAGARA FALLS Per: Name: Title: Per: Name: Title: I/We have authority to bind the Corporation A by -law to authorize the execution of an Agreement of Purchase and Sale with The Butera Group Inc. respecting the purchase of lands being Part 1 on Reference Plan 59R- 13466; in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale dated July 13, 2007 and made between The Butera Group Inc. and The Corporation of the City of Niagara Falls for the property described as Part of Lot 170 Township of Stamford designated as Part 1 on Reference Plan 59R- 13466; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of August, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 13, 2007. August 13, 2007. August 13, 2007. CITY OF NIAGARA FALLS By -law No. 2007 AGREEMENT OF PURCHASE AND SALE PURCHASER, The Corporation of the City of Niagara Falls agrees to purchase from VENDOR, The Butera Group Inc, the following REAL PROPERTY: Located at the northeasterly corner of McLeod Road and Kalar Road, and legally described as Part of Lot 170, in the Geographic Township of Stamford, in the City of Niagara Falls, in the Regional Municipality of Niagara on Schedule "B" attached (the "property PURCHASE PRICE:_ Dollars(CDN$_ DEPOSIT: Purchaser submits Dollars (CDN$ (Herewith /Upon acceptance) cash or negotiable cheque payable to The Vendor to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. SCHEDULE (S) 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A "A" and "B" attached hereto forms(s) part of this Agreement. 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4:30 p.m. on the 20 day of August 2007 after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on or before the 15th day of September 2007. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. ,r, delivery of notroea to vendor,FAX NO. (905)371-2892 ffor deli ver3' of not l..•es to rurchnaerl 7. GST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to (Included infn addition to, G.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to G.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on or before the 3l'' day of August ,2007 (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (I) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use(vacant) may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions -of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this day of 2007 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: THE CORPORATION OF THE CITY OF NIAGARA FALLS (Witness) (Witness( I, the Undersigned Vendor, agree to the above Offer. (Witness) (Witness( (eurcn.. <r( R.T. (Ted) Salci, Mayor (seal) Purchaser) Dean Iorfida, City Clerk (sea( DATED AT Niagara Falls this /3 f/ day of j y'7i .2007 SIGNED, SEALED AND DELIVERED in the presen of: N WITNESS whereof I have hereunto set my hand and seal: c: THE BUT c'eUP INC. (Vendor( (vendor( a.m. /p.m. this day of 20 (Seal) (Seal) DATE DATE DATE /.3 v4/Ly 0 (Signature) DATE CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at VENDOR: The Butera Group Inc. SCHEDULE "A" AGREEMENT OF PURCHASE AND SALE PURCHASER: The Corporation of the City of Niagara Falls 1. It is understood and agreed that during the reconstruction and widening of McLeod Road and Kalar Road, the City will provide lateral connections for storm water, sanitary sewer and water to the new limit of the road allowance created by virtue of the conveyance of land described in this Agreement. The said connections will be provided at the expense of the City and will be constructed in accordance with City and /or Region of Niagara standards. The said water connections will be provided at a location satisfactory to the City in its sole discretion in consultation with the Vendor. It is further understood and agreed that this condition does not merge on closing. 2. It is understood and agreed that the Purchase Price of $150,000.00 includes compensation for loss of land and any and all claims for injurious affection pursuant to the Expropriations Act, R.S.O. 1990. 3. It is understood and agreed that this Agreement of Purchase and Sale is subject to the approval of Niagara Falls City Council. scf/Eea_ZEB REGIONAL, CITY, NEIGHBOURHOOD SUBJECT PROPERTY DATA 42 The Proposed Taking 4i/4 TD B Pd ,eC6 f,Q 4 ,eo,gv Lt ori✓A,✓cn Af' cYQ�r1r�C 9..r .6'degT i 1 8gg-77.0'72: iAi .Mtiagy�woo IMPROVEMENT DESCRIPTION There are no improvements on the subject property at this time. D.J. Penwarden Appraisals Ltd. THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2007 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stop Signs At Intersections) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN Cherrygrove Road Southwest Cherryhill Drive and a point 22 metres Southeast of Cherryhill Drive Cherrygrove Road Southwest Cherryhill Drive and a point 22 metres Northwest of Cherryhill Drive COLUMN 4 TIMES OR DAYS At all times At all times Cherryhill Drive North Cherryhill Drive South Maitland Street South Passed this thirteenth day of August, 2007. First Reading: Second Reading: Third Reading: August 13, 2007 August 13, 2007 August 13, 2007 -2- Cherrygrove Road and a point 22 metres West of Cherrygrove Road Cherrygrove Road and a point 22 metres West of Cherrygrove Road Leonard Avenue and a point 86 metres West of Leonard Avenue (2) by adding to the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Cherryhill Drive at Cherrygrove Road Eastbound on Cherryhill Drive This by -law shall come into force when the appropriate signs are installed. At all times At all times At all times DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR A by -law to establish Part Road Allowance between Concession 1 and Concession Broken Front Niagara River, Willoughby as a public highway, to be known as and to form part of Bailey 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 Road Allowance between Concession 1 and Concession Broken Front Niagara River, Willoughby, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part Road Allowance between Concession 1 and Concession Broken Front Niagara River, Willoughby that is hereby established as a public highway, be known as and form part of Bailey Avenue. Passed this thirteenth day of August, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 13, 2007. August 13, 2007. August 13, 2007. CITY OF NIAGARA FALLS By -law No. 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the payment of $14,192,472.05 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached list of disbursements for the period beginning June 27, 2007 to July 31, 2007. Passed this thirteenth day of August 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: August 13, 2007 August 13, 2007 August 13, 2007 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1149855 ONTARIO INC AKA PROCON NIAGARA 1184436 ONTARIO LTD 1397878 ONTARIO LTD COUNTRY INN SUITE 1460973 ONTARIO LIMITED O/A C.P. SYSTEMS 158739 CANADA INC 1609652 ONTARIO LIMITED 180 MARKETING 180 MARKETING 4 MOST CONSTRUCTION LTD 4 OFFICE AUTOMATION LTD 407 ETR EXPRESS TOLL ROUTE 407 ETR EXPRESS TOLL ROUTE 407 ETR EXPRESS TOLL ROUTE 576576 ONTARIO INC 912701 ONTARIO LIMITED REGIONAL SANDBLASTING PAINTING 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFETY SUPP 942352 ONTARIO LIMITED O/A BRISK ALL GLASS SAFETY SUPP 984265 ONTARIO LTD aka CIRCLE P PAVING 984265 ONTARIO LTD aka CIRCLE P PAVING A A EXHAUST SYSTEMS A A EXHAUST SYSTEMS A J STONE COMPANY LTD A -1 MOTEL M INTERNATIONAL CONSULTANTS AATEL COMMUNICATIONS INC AATEL COMMUNICATIONS INC ACAPULCO ACOC MARKETING LTD ACTION CORPORATION ACTION CORPORATION ADEPT WINDOW CLEANING LTD ADEPT WINDOW CLEANING LTD ADVANCE TOWING ADVANCE TOWING ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LTD AFFILIATED CUSTOMS BROKERS LTD AIKMAN,DOUG., REVEREND AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES AIR LIQUIDE CANADA INC ALBANESE,LORI ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFRED BEAM EXCAVATION LTD ALL GREEN IRRIGATION ALLIED MEDICAL INSTRUMENTS ALLIED MEDICAL INSTRUMENTS ALLIED MEDICAL INSTRUMENTS AMADIO AUTOMOTIVE CENTRE INC AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMERICANA CONFERENCE RESORT SPA AMEX BANK OF CANADA AMEX BANK OF CANADA ANDERSON,DARREL& ANDERSON, KAREN ANIXTER CANADA INC ANNEX PUBLISHING BOOK DIVISION ANNEX PUBLISHING BOOK DIVISION ANTONIO,CHUCK Cheque No. Cheque Date Purpose 312139 10 -Jul -2007 CONTRACT SERVICES 312720 31-Jul-2007 REFUND 312721 31 -JuI -2007 REFUND 312318 17 -JuI -2007 CONTRACT SERVICES 312722 31 -JuI -2007 REFUND 312723 31 -JuI -2007 REFUND 312140 10 -JuI -2007 CONTRACT SERVICES 312319 17 -JuI -2007 ADVERTISING 312725 31 -JuI -2007 REFUND 312495 24 -JuI -2007 CONTRACT SERVICES 311993 03 -JuI -2007 REMITTANCE 312320 17 -JuI -2007 REMITTANCE 312724 31 -JuI -2007 REMITTANCE 312726 31 -JuI -2007 REFUND 311994 03 -JuI -2007 CONTRACT SERVICES 312141 10-Jul-2007 MATERIALS 312727 31 -JuI -2007 MATERIALS 312017 03 -JuI -2007 CONTRACT SERVICES 312178 10-Jul-2007 CONTRACT SERVICES 311996 03 -JuI -2007 MATERIALS 312728 31 -JuI -2007 MATERIALS 312501 24 -JuI -2007 MATERIALS 311995 03 -JuI -2007 SERVICE DEPOSIT REFUND 312496 24 -JuI -2007 MATERIALS 312142 10-Jul-2007 MAINTENANCE /REPAIRS 312321 17-Jul-2007 MAINTENANCE /REPAIRS 312322 17 -JuI -2007 MATERIALS 312323 17 -JuI -2007 CONTRACT SERVICES 312324 17 -JuI -2007 COMPUTER 312729 31 -JuI -2007 COMPUTER 312497 24 -JuI -2007 MAINTENANCE /REPAIRS 312730 31-Jul-2007 MAINTENANCE/REPAIRS 312143 10 -JuI -2007 TOWING 312498 24 -JuI -2007 CONTRACT SERVICES 312731 31 -JuI -2007 AUTOMOTIVE PARTS 312325 17 -JuI -2007 BROKERAGE FEE 312499 24-Jul-2007 BROKERAGE FEE 312144 10 -JuI -2007 HONOURARIUM 311998 03 -JuI -2007 MAINTENANCE /REPAIRS 312145 10-Jul-2007 MAINTENANCE/REPAIRS 312326 17-Jul-2007 MAINTENANCE /REPAIRS 312500 24 -JuI -2007 MAINTENANCE /REPAIRS 312732 31-Jul-2007 MAINTENANCE /REPAIRS 312733 31 -JuI -2007 MATERIALS 312327 17 -JuI -2007 TRAVEUMILEAGE 311999 03 -JuI -2007 MAINTENANCE /REPAIRS 312146 10 -JuI -2007 CONTRACT SERVICES 312147 10 -JuI -2007 CONTRACT SERVICES 312148 10 -JuI -2007 CONTRACT SERVICES 312502 24 -JuI -2007 CONTRACT SERVICES 312734 31 -JuI -2007 CONTRACT SERVICES 312735 31 -JuI -2007 CONTRACT SERVICES 312149 10-Jul-2007 CONTRACT SERVICES 312328 17-Jul-2007 MATERIALS 312329 17 -JuI -2007 MATERIALS 312503 24 -JuI -2007 MATERIALS 312736 31 -JuI -2007 MATERIALS 312504 24 -JuI -2007 MAINTENANCE /REPAIRS 312133 04 -JuI -2007 PAYROLL REMITTANCE 312150 10-Jul-2007 PAYROLL REMITTANCE 312331 17 -JuI -2007 PAYROLL REMITTANCE 312505 24 -JuI -2007 PAYROLL REMITTANCE 312737 31 -JuI -2007 PAYROLL REMITTANCE 312000 03 -JuI -2007 MEETING EXPENSE 312332 17-Jul-2007 MATERIALS 312506 24 -JuI -2007 MATERIALS 312738 31-Jul-2007 REFUND -TAX 312001 03 -JuI -2007 STORES /INVENTORY 312507 24 -JuI -2007 MATERIALS 312739 31 -JuI -2007 MATERIALS 312740 31-Jul-2007 TRAVEUMILEAGE Page 1 of 12 Amount 24,746.50 13,112.40 188.23 5,300.00 1,500.00 2,053.02 15,900.00 477.00 50.00 110.18 198.10 12.39 27.52 1,041.03 1,219.80 116.28 53.13 12,534.50 265,959.77 108.30 181.92 341.67 750.00 335.16 466.40 512.77 2,946.90 6,254.00 5,300.00 26.45 1,605.90 1,213.70 996.40 47.70 37.10 85.26 29.55 500.00 1,393.73 1,646.36 2,382.20 2,162.70 378.54 10.26 17.50 5,946.85 27,236.54 116,313.23 36,473.07 74,798.13 203,086.63 13,512.58 178,891.73 69.04 909.26 1,186.12 173.79 323.56 610.47 618.24 684.48 673.44 684.48 2,308.61 316.15 49.60 55.38 1,581.75 3,856.45 139.92 47.50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ARAMARK REFRESHMENT SERVICES ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK CENTRE WELLAND LTD ARCHER TRUCK SERVICES LTD AREO -FIRE ARMTEC LIMITED ASHIF,KANJI ASHLAND CANADA CORP ASHLAND CANADA CORP ASHTON,LYNDON ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATED ENGINEERING (ONT) LTD ASSOCIATION OF PROFESSIONAL ENGINEERS OF ONT AVIS CAR INC B S POOL SERVICES B S POOL SERVICES BAILEY,GEORGE BAIOCCO CONST CORP BAKER TRANSIT PARTS INC BAKER TRANSIT PARTS INC BAKER TRANSIT PARTS INC BANK OF MONTREAL BANK OF MONTREAL BEATTIES BASICS BEATTIES BASICS BEATTIES BASICS BEL VOLT SALES LTD BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL MOBILITY BEN BERG FARM INDUSTRIAL EQUIPMENT LTD BERARD,RONALD& BERARD, DEBORAH BETTY'S RESTAURANT BETTY'S RESTAURANT BIRMINGHAM FIRE CONTROL BIRMINGHAM FIRE CONTROL BLACK MCDONALD LTD BOB ROBINSON SON CONSTRUCTION BOB ROBINSON SON CONSTRUCTION BOB ROBINSON SON CONSTRUCTION BORDEN LADNER GERVAIS BOUW,JOHN BOYS GIRLS CLUB OF NIAGARA BRINKS CANADA LTD BRINKS CANADA LTD BRINKS CANADA LTD BROCK AUTOMOTIVE BROCK AUTOMOTIVE BROCK AUTOMOTIVE BRODERICK PARTNERS BRODERICK PARTNERS BRODERICK PARTNERS BRODERICK PARTNERS BROMAC CONST ENG LTD BROW N,ROONEY BUCKHORN CANADA INC BUNTIN REID BUNTIN REID BUNTIN REID BUNTIN REID BURDEN,KEN BUSINESS EDUCATION COUNCIL OF NIAGARA C N WATSON AND ASSOCIATES LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CALE SYSTEMS INC Cheque No. 312151 312152 312508 312741 312509 312333 312334 312153 312510 312002 312336 312742 312335 312511 312154 312337 312743 312155 312156 312338 312744 312339 312745 312003 312340 312512 312344 312157 312158 312342 312343 312513 312514 312746 312747 312515 312345 312160 312004 312516 312346 312517 312005 312106 312279 312450 312749 312347 312348 312006 312161 312750 312007 312162 312518 312164 312350 312519 312751 312520 312752 312165 312008 312166 312351 312521 312352 312522 312018 312369 312541 312009 Cheque Date 10 -Jul -2007 10 -Jul -2007 24 -Jul -2007 31 -Jul -2007 24 -Jul -2007 17 -Jul -2007 17-Jul-2007 10 -Jul -2007 24 -Jul -2007 03 -Jul -2007 17 -Jul -2007 31 -Jul -2007 17 -Jul -2007 24 -Jul -2007 10 -Jul -2007 17 -Jul -2007 31-Jul-2007 10 -Jul -2007 10 -Jul -2007 17 -Jul -2007 31 -Jul -2007 17 -Jul -2007 31 -Jul -2007 03 -Jul -2007 17 -Jul -2007 24 -Jul -2007 17 -Jul -2007 10 -Jul -2007 10 -Jul -2007 17 -Jul -2007 17 -Jul -2007 24 -Jul -2007 24-Jul-2007 31-Jul-2007 31-Jul-2007 24 -JuI -2007 17-Jul-2007 10-Jul-2007 03 -JuI -2007 24 -JuI -2007 17-Jul-2007 24 -JuI -2007 03 -JuI -2007 03 -JuI -2007 10-Jul-2007 17-Jul-2007 31 -JuI -2007 17-Jul-2007 17-Jul-2007 03 -Jul -2007 10-Jul-2007 31 -JuI -2007 03 -JuI -2007 10-Jul-2007 24 -JuI -2007 10-Jul-2007 17-Jul-2007 24-Jul-2007 31-Jul-2007 24 -JuI -2007 31-Jul-2007 10-Jul-2007 03-Jul-2007 10-Jul-2007 17-Jul-2007 24 -JuI -2007 17-Jul-2007 24 -JuI -2007 03 -JuI -2007 17-Jul-2007 24 -JuI -2007 03 -JuI -2007 Purpose OFFICE SUPPLIES STORES /INVENTORY STORES /INVENTORY MATERIALS MATERIALS MATERIALS REFUND WATER TREATMENT CONTRACT SERVICES TRAVEUMILEAGE CONSULTING SERVICES CONSULTING SERVICES REMITTANCE REFUND PARKING MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS PHOTOGRAPHING COUNCIL CONTRACT SERVICES MATERIALS MATERIALS MATERIALS REFUND REFUND -TAX OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES STORES /INVENTORY UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES EQUIPMENT REFUND MEETING EXPENSE MEETING EXPENSE MATERIALS MATERIALS MAINTENANCE /REPAIRS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES LEGAL FEE LIVESTOCK VALUERS FEE GRANT CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES STORES /INVENTORY STORES /INVENTORY MATERIALS LEGAL FEES LEGAL FEES LEGAL FEES LEGAL FEES CONTRACT SERVICES REFUND SERVICE DEPOSIT MATERIALS OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES TUITION REIMBURSEMENT COMPUTER CONSULTING SERVICES EQUIPMENT RENTAL EQUIPMENT RENTAL MONTHLY SERVICE Page 2 of 12 Amount 108.47 77.10 269.56 91.75 1,368.12 1,750.90 750.00 255.20 255.20 140.00 10,746.92 38,798.35 699.60 75.00 1,796.65 3,044.60 120.00 538,412.85 1,443.00 661.11 259.12 1,170.29 394.42 282.48 238.85 157.75 178.09 200.86 29.36 114.00 267.11 8,261.32 86.21 437.32 50.56 1,101.27 48,176.48 750.00 300.00 300.00 204.29 177.22 913.10 636.00 636.00 3,399.29 292.10 200.00 17,500.00 240.18 830.51 1,379.58 393.82 170.72 163.25 4,829.89 2,389.38 3,187.69 5,207.78 72,883.75 750.00 3,709.47 575.86 255.71 747.14 275.43 1,408.33 175.00 1,395.33 9,240.55 7,433.25 923.40 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CAMPBELL,CAREY CAN AM INSTRUMENTS LTD CANADA CULVERT CANADA LAW BOOK CANADA LAW BOOK CANADA POST CORPORATION CANADIAN BEARINGS LTD CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN LINEN AND UNIFORM SERVICE CANADIAN MAINTENANCE SERVICES CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANADIAN TIRE COMMERCIAL MASTERCARD CANADIAN URBAN TRANSIT ASSOC CANAL,DANIEL CANCORE INDUSTRIES INC CANNON HYGIENE CANADA LTD CANOP INVESTMENTS CANTEC SECURITY SERVICES CAPITAL SEWER SERVICES INC CARDINAL COURIERS LTD CAREERS NIAGARA CARRICK,MARZENNA CARSWELL CARTER CAR TRUCK RENTALS CARTER CAR TRUCK RENTALS CENTENNIAL CONSTRUCTION CENTRE COURT CAFE CENTRE COURT CAFE CENTRE FOR ADVANCED VISUALIZATION CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CHAMBERS,MONICA CHAMBERS,ROBERT CHAMBERS WATER HAULAGE INC CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHASE,G JR CHIARELLA,JOSEPH CHIPPAWA AUTOBODY LTD CHMIEL,JAMES WALTER CHOI KYU CHUN CHOI EUN JUNG CHURCH OF CHRIST TRUSTEES CIT FINANCIAL LTD CIT FINANCIAL LTD CITY OF NIAGARA FALLS CITY OF ST CATHARINES CKEY 101.1 FM CKEY 101.1 FM CLASSIC FIRE PROTECTION INC CLIFTON HILL BIA COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLINSON,JACK COMMERCIAL SOLUTIONS INC COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES COMPRESSOR SYSTEMS INTERN INC CONDOTTA CONST LTD CONTINENTAL TIRE CANADA INC Cheque No. Cheque Date Purpose 312753 31 -Jul -2007 TRAVEUMILEAGE 312523 24 -Jul -2007 MATERIALS 312169 10 -Jul -2007 MATERIALS 312524 24 -Jul -2007 MATERIALS 312755 31 -Jul -2007 BOOKS 312758 31 -Jul -2007 MATERIALS 312754 31 -Jul -2007 MATERIALS 312010 03 -Jul -2007 MAINTENANCE /REPAIRS 312170 10 -Jul -2007 MAINTENANCE PARTS 312354 17 -Jul -2007 MAINTENANCE /REPAIRS 312525 24 -Jul -2007 MATERIALS 312526 24 -Jul -2007 MAINTENANCE /REPAIRS 312527 24 -Jul -2007 CONTRACT SERVICES 312756 31 -Jul -2007 CONTRACT SERVICES 312171 10 -Jul -2007 CONTRACT SERVICES 312355 17 -JuI -2007 MATERIALS 312356 17 -Jul -2007 MATERIALS 312172 10 -Jul -2007 CONFERENCE REGISTRATION 312168 10 -Jul -2007 TRAVEUMILEAGE 312353 17 -Jul -2007 MATERIALS 312528 24 -Jul -2007 CONTRACT SERVICES 312757 31 -Jul -2007 REFUND SECURITY DEPOSIT 312529 24 -Jul -2007 CONTRACT SERVICES 312759 31 -Jul -2007 MATERIALS 312530 24 -Jul -2007 MATERIALS 312011 03 -Jul -2007 ADVERTISING 312173 10 -Jul -2007 TRAVEUMILEAGE 312532 24 -Jul -2007 BOOKS 312174 10-Jul-2007 LEASES AND RENTS 312358 17 -Jul -2007 LEASES AND RENTS 312012 03 -Jul -2007 CONTRACT SERVICES 312013 03 -Jul -2007 MEETING EXPENSE 312175 10 -Jul -2007 MEETING EXPENSE 312176 10 -Jul -2007 CONSULTING SERVICES 312359 17 -Jul -2007 MATERIALS 312533 24 -Jul -2007 MATERIALS 312760 31 -Jul -2007 CONTRACT SERVICES 312014 03 -Jul -2007 REIMBURSEMENT 312535 24 -Jul -2007 REIMBURSEMENT 312534 24 -Jul -2007 WATER 312177 10 -Jul -2007 STORES /INVENTORY 312360 17 -Jul -2007 STORES /INVENTORY 312536 24-Jul-2007 STORES /INVENTORY 312761 31 -Jul -2007 MAINTENANCE /REPAIRS 312361 17 -Jul -2007 TAX REFUND 312015 03 -Jul -2007 MAINTENANCE /REPAIRS 312362 17 -Jul -2007 REFUND 312016 03 -Jul -2007 TAX REFUND 312762 31 -Jul -2007 TAX REFUND 312363 17 -Jul -2007 LEASES AND RENTS 312763 31 -JuI -2007 LEASES AND RENTS 312764 31 -Jul -2007 MATERIALS 312704 25-Jul-2007 PARKING TICKET 312180 10 -JuI -2007 ADVERTISING 312364 17-Jul-2007 ADVERTISING 312365 17-Jul-2007 MAINTENANCE /REPAIRS 312182 10-Jul-2007 ADMINISTRATIVE 312019 03 -JuI -2007 UTILITIES 312183 10 -JuI -2007 UTILITIES 312366 17 -JuI -2007 UTILITIES 312537 24 -JuI -2007 UTILITIES 312765 31 -JuI -2007 UTILITIES 312766 31 -JuI -2007 TRAVEUMILEAGE 312767 31-Jul-2007 MATERIALS 312020 03 -JuI -2007 CONTRACT SERVICES 312184 10 -JuI -2007 CONTRACT SERVICES 312367 17 -JuI -2007 CONTRACT SERVICES 312539 24 -JuI -2007 CONTRACT SERVICES 312768 31 -JuI -2007 CONTRACT SERVICES 312540 24-Jul-2007 MATERIALS 312185 10-JuI -2007 CONTRACT SERVICES 312186 10-Jul-2007 MATERIALS Page 3 of 12 Amount 153.50 3,559.08 1,679.45 121.83 353.56 13,587.86 108.65 544.31 921.68 816.20 2,189.98 1,867.24 3,114.52 357.61 910.33 269.43 220.55 206.70 644.50 115.09 267.12 1,226.62 622:22 2,120.00 43.90 265.00 80.75 115.06 739.86 739.86 13,760.72 61.28 85.50 68,900.00 406.29 230.73 2,281.50 80.00 140.00 80.00 983.62 855.20 173.32 100.00 1,385.72 1,311.00 750.00 4,366.11 297.54 3,180.51 97,47 163,516.37 12.00 530.00 530.00 138.51 7,500.00 141.89 50.83 456.55 460.48 199.13 147.50 251.43 18,731.75 6,523.66 1,863.90 17,820.03 19,644.41 1,051.01 114,900.76 873.60 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CONTINENTAL TIRE CANADA INC COSTELLO,BRIAN COTTON INC COTTON INC COTTON INC CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD ADJUSTERS CANADA INCORP CRAWFORD SMITH SWALLOW CRYDERMAN,GEORGE CULP,BRITTANY COPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYGNAL TECHNOLOGIES CORP T46181 CZAJKOW SKI, W IKTOR DADASOVIC,BRANKO DAIMLER CHRYSLER COMM BUSES NORTH AMERICA DAIMLER. CHRYSLER COMM BUSES NORTH AMERICA DAIMLER CHRYSLER COMM BUSES NORTH AMERICA DAIMLER CHRYSLER COMM BUSES NORTH AMERICA DARBYSON,DOUG DAVEY TREE EXPERT CO DAVID CHEV -OLDS LTD DEEP STEAM DELCAN CORPORATION DELL CANADA INC DELL CANADA INC DELL CANADA INC DENCO ENGINEERING LTD DENCO ENGINEERING LTD DEROSE BROS GENERAL CONTRACTING LIMITED DESIGN ELECTRONICS DESIGN ELECTRONICS DEVRON PIPE SALES DIRECTOR FAMILY SUPPORT DIRECTOR FAMILY SUPPORT DIRIENZO,ANGELINA& DIRIENZO, MARIA DISTRICT SCHOOL BOARD OF NIAGARA DISTRICT SCHOOL BOARD OF NIAGARA DOWELL,HELEN DOWNTOWN BOARD OF MANAGEMENT DRAFTCON CALAMAR CORP DREN,KARL DUERKSEN,ANGELA DUNNETT,RODNEY DWYER,WILLIAM DYNATEC MINERAL PRODUCTS DIVISION E3 LABORATORIES EARTH TECH CANADA INC EARTH TECH CANADA INC EARTH TECH CANADA INC ELIA,CHRISTINE ELLIS ENGINEERING INC ELREG DISTRIBUTORS LTD EMERALD EMERALD EMERALD EMERALD EMERALD ENBRIDGE ENBRIDGE ENBRIDGE ENBRIDGE ENDURA CONST LTD ENGINEERING CONCEPTS NIAGARA ENSIGN ELECTRONIC ALARM SYSTEMS ENTERPRISE RENT A CAR CANADA LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD Cheque No. Cheque Date Purpose 312769 31 -Jul -2007 MATERIALS 312137 06 -Jul -2007 REIMBURSEMENT 312187 10 -Jul -2007 MATERIALS 312368 17 -Jul -2007 MATERIALS 312770 31 -Jul -2007 MATERIALS 312021 03 -Jul -2007 INSURANCE CLAIMS 312316 11 -Jul -2007 INSURANCE CLAIMS 312771 31 -Jul -2007 INSURANCE CLAIMS 312317 11 -Jul -2007 CONSULTING SERVICES 312773 31 -Jul -2007 SAFETY SHOES 312022 03 -Jul -2007 PARKING TICKET REFUND 312023 03 -Jul -2007 PAYROLL REMITTANCE 312189 10 -Jul -2007 PAYROLL REMITTANCE 312370 17 -Jul -2007 PAYROLL REMITTANCE 312542 24 -Jul -2007 PAYROLL REMITTANCE 312774 31 -Jul -2007 PAYROLL REMITTANCE 312543 24 -Jul -2007 COMPUTER 312371 17 -Jul -2007 REFUND 312024 03 -Jul -2007 REIMBURSEMENT MATERIALS 312025 03 -Jul -2007 MATERIALS 312190 10 -JuI -2007 MATERIALS 312544 24 -Jul -2007 MATERIALS 312775 31 -Jul -2007 MATERIALS 312545 24 -Jul -2007 TRAVEUMILEAGE 312546 24 -Jul -2007 CONTRACT SERVICES 312547 24 -Jul -2007 VEHICLE PURCHASE 312548 24 -Jul -2007 MAINTENANCE /REPAIRS 312372 17 -Jul -2007 CONSULTING SERVICES 312191 10 -Jul -2007 COMPUTER 312373 17 -Jul -2007 COMPUTER 312549 24 -JuI -2007 COMPUTER 312374 17-Jul-2007 CONSULTING SERVICES 312550 24 -JuI -2007 CONSULTING SERVICES 312192 10-Jul-2007 CONTRACT SERVICES 312193 10 -JuI -2007 MATERIALS 312551 24 -JuI -2007 MAINTENANCE /REPAIRS 312194 10-Ju1 -2007 MATERIALS 312134 04 -JuI -2007 PAYROLL REMITTANCE 312777 31 -JuI -2007 PAYROLL REMITTANCE 312778 31 -JuI -2007 REFUND -TAX 312553 24 -JuI -2007 REFUND BUILDING PERMIT 312779 31 -JuI -2007 LEASES AND RENTS 312375 17-Jul-2007 MATERIALS 312195 10-Jul-2007 ADMINISTRATIVE 312196 10-Jul-2007 CONTRACT SERVICES 312198 10-Jul-2007 TRAVEUMILEAGE 312781 31 -JuI -2007 TRAVEUMILEAGE 312199 10-Jul-2007 ADMINISTRATIVE 312200 10 -JuI -2007 REFUND 312027 03 -JuI -2007 MATERIALS 312554 24 -JuI -2007 WATER TESTING 312201 10 -JuI -2007 CONSULTING SERVICES 312376 17 -JuI -2007 CONSULTING SERVICES 312555 24 -JuI -2007 CONSULTING SERVICES 312556 24 -JuI -2007 PARADE EXPENSES 312202 10-Jul-2007 CONSULTING SERVICES 312378 17 -JuI -2007 MATERIALS 312029 03 -JuI -2007 METER INSTALLATION 312203 10 -JuI -2007 METER INSTALLATION 312379 17-Jul-2007 METER INSTALLATION 312557 24 -JuI -2007 METER INSTALLATION 312782 31 -JuI -2007 METER INSTALLATION 312030 03 -JuI -2007 UTILITIES 312380 17 -JuI -2007 UTILITIES 312558 24 -JuI -2007 UTILITIES 312783 31-Jul-2007 UTILITIES 312559 24 -JuI -2007 EQUIPMENT USE 312784 31 -JuI -2007 CONSULTING SERVICES 312560 24 -JuI -2007 MONITORING 312561 24 -JuI -2007 REFUND PARKING 312031 03 -JuI -2007 MATERIALS 312206 10-Ju1 -2007 MATERIALS Page 4 of 12 Amount 1,778.40 500.00 3,094.34 310.05 2,468.38 3,150.80 1,780.00 660.00 795.00 150.00 20.00 3,948.70 4,022.54 4,060.46 4,176.90 4,391.80 5,940.00 750.00 224.01 379.56 1,179.51 398.11 678.82 202.50 421.88 32,775.00 2,070.69 15,557.87 11,594.94 917.70 1,926.60 820.31 5,305.80 153,267.84 775.77 3,508.53 1,184.46 325.00 325.00 539.14 6,420.00 84.80 131.05 90,000.00 145,483.11 58.41 118.00 250.00 750.00 3,068.06 2,745.44 16,025.72 19,048.11 1,941.45 400.00 3,401.75 2,063.44 1,298.50 1,113.00 1,639.03 2,660.60 556.50 70.56 2,474.13 974.38 24.99 318.00 3,052.80 2,864.56 15.00 4,152.45 1,721.40 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD FALLS AUTO BODY INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS ELECTRIC INC FALLS WHOLESALE LTD FALLSVIEW BIA FALLSWAY SUPPLY FENG,GE& ZHANG, YUEKUN FINUCCI,ANTHONY FIRE GROUP FIRE MARSHALS PUBLIC FIRE SAFETY COUNCILS DIST CT FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FLANNIGAN,SHANE FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FRANK COWAN COMPANY LIMITED FRED BRUGMAN FRED CRAIG FRETZ,SHARON G K SERVICES CANADA INC GALES GAS BARS GARY WEAVER PLUMBING HEATING GE POLYMERSHAPES GE POLYMERSHAPES GENERAL AUTOMOTIVE ELECTRIC GENERAL AUTOMOTIVE ELECTRIC GILMORE,KENNETH& STANDRYK, BARBARA ELEANOR GLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD GLOBAL CADD SYSTEMS CORP GLOBALSTAR CANADA SATELLITE CO GN GLOBAL INVESTMENTS LTD GOFORTH,HANYA GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREAT LAKES ST LAWRENCE CITIES INITIATIVE GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND GREENLAWN GREENLAWN GREY ISLAND SYSTEMS INC GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GT FRENCH PAPER LIMITED GTA TRANSMISSION TECHNOLOGIES INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC H D UTILITIES SUPPLY H D UTILITIES SUPPLY H D UTILITIES SUPPLY H D UTILITIES SUPPLY HACKETT,JAMES NALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC Cheque No. Cheque Date Purpose 312381 17 -Jul -2007 MATERIALS 312562 24 -Jul -2007 MATERIALS 312032 03 -Jul -2007 MAINTENANCE /REPAIRS 312207 10 -Jul -2007 MAINTENANCE /REPAIRS 312563 24 -Jul -2007 MAINTENANCE /REPAIRS 312382 17 -Jul -2007 MATERIALS 312033 03 -Jul -2007 MAINTENANCE/REPAIRS 312034 03 -Jul -2007 MAINTENANCE /REPAIRS 312208 10 -Jul -2007 MAINTENANCE /REPAIRS 312383 17 -Jul -2007 MAINTENANCE /REPAIRS 312564 24 -Jul -2007 MAINTENANCE/REPAIRS 312384 17 -Jul -2007 CONCESSION SUPPLIES 312209 10 -Jul -2007 ADMINISTRATIVE 312565 24 -Jul -2007 MATERIALS 312785 31-Jul-2007 REFUND -TAX 312566 24 -Jul -2007 REFUND SERVICE DEPOSIT 312786 31 -Jul -2007 MAINTENANCE /REPAIRS 312567 24 -Jul -2007 MATERIALS 312568 24 -Jul -2007 MONITORING 312385 17 -Jul -2007 MATERIALS 312569 24- Jul -2007 MATERIALS 311992 29- Jun -2007 CANADA DAY ENTERTAINMENT 312035 03 -Jul -2007 STORES /INVENTORY 312210 10 -Jul -2007 STORES /INVENTORY 312386 17 -Jul -2007 STORES /INVENTORY 312570 24 -Jul -2007 STORES /INVENTORY 312211 10 -Jul -2007 INSURANCE CLAIMS 312571 24 -Jul -2007 MAINTENANCE /REPAIRS 312788 31-Jul-2007 MATERIALS 312494 20 -Jul -2007 REIMBURSEMENT 312387 17 -Jul -2007 MATERIALS 312572 24 -Jul -2007 GASOLINE 312893 31 -Jul -2007 MATERIALS 312573 24 -Jul -2007 MATERIALS 312789 31 -Jul -2007 MATERIALS 312038 03 -Jul -2007 MATERIALS 312212 10 -Jul -2007 MATERIALS 312213 10 -Jul -2007 REFUND 312039 03-Jul-2007 MATERIALS 312214 10 -Jul -2007 MATERIALS 312574 24 -Jul -2007 MATERIALS 312790 31 -Jul -2007 MATERIALS 312576 24 -Jul -2007 MATERIALS 312575 24 -Jul -2007 UTILITIES 312388 17 -Jul -2007 TAX REFUND 312577 24 -Jul -2007 TRAVEUMILEAGE 312041 03 -Jul -2007 MATERIALS 312215 10 -Jul -2007 MATERIALS 312389 17 -Jul -2007 MATERIALS 312578 24 -Jul -2007 MATERIALS 312791 31 -Jul -2007 MATERIALS 312042 03 -Jul -2007 MEMBERSHIP APPLICATION 312579 24 -Jul -2007 PAYROLL REMITTANCE 312216 10 -Jul -2007 CONTRACT SERVICES 312390 17 -Jul -2007 CONTRACT SERVICES 312580 24 -Jul -2007 INTERFLEET CHARGES 312391 17 -Jul -2007 CONTRACT SERVICES 312581 24 -Jul -2007 CONTRACT SERVICES 312792 31 -Jul -2007 MAINTENANCE /REPAIRS 312217 10 -Jul -2007 STORES /INVENTORY 312392 17 -Jul -2007 STORES /INVENTORY 312794 31 -Jul -2007 STORES /INVENTORY 312793 31 -Jul -2007 MAINTENANCE /REPAIRS 312218 10-Jul-2007 STORES /INVENTORY 312582 24 -Jul -2007 STORES /INVENTORY 312043 03-Jul-2007 STORES /INVENTORY 312221 10-Ju1 -2007 STORES /INVENTORY 312586 24 -Jul -2007 STORES /INVENTORY 312801 31 -Jul -2007 STORES /INVENTORY 312795 31 -Jul -2007 REFUND PARKING 312219 10 -Jul -2007 LEASES AND RENTS 312393 17 -Jul -2007 CONTRACT SERVICES Page 5 of 12 Amount 11,706.09 309.51 90.10 185.50 1,352.56 985.22 1,593.00 428.89 5,193.83 2,591.17 437.41 533.17 250,000.00 383.33 381.56 750.00 379.59 148.28 678.40 615.59 374.30 300.00 633.56 3,197.67 981.00 2,344.03 2,685.20 498.06 170.60 176.62 109.00 530.82 102.00 4,409.60 2,877.90 68.40 99.18 656.79 2,528.95 3,203.13 269.04 2,974.90 4,500.00 191.35 6,211.47 82.00 160.22 705.30 321.77 9,697.24 737.70 5,000.00 56.40 432.02 74.74 2,309.60 11,596.91 3,889.54 3,542.60 2,329.71 2,290.61 470.25 5,330.45 1,557.81 480.23 909.72 1,562.49 3,091.85 1,498.65 40.00 2,565.00 2,351.25 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name HALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HALF WAY SAND PIT LIMITED HALLIDAY,DR FIONA HAMDANI DRYCLEANERS LTD HAMILTON,STEPHEN HAMILTON,STEPHEN HANG UPS 99 HANG UPS 99 HARPER POWER PRODUCTS INC HEART NIAGARA INC HECO HECO HENRY W JOSEPH REALTY CORP LTD HENRY W JOSEPH REALTY CORP LTD HERTZ CANADA LTD HERTZ EQUIPMENT RENTAL HOBSON,JAMES& HOBSON, CATHERINE HODGSON,WAYNE CHRISTOPHER HOLMAN,GEOFF HR PROACTIVE INC HUGGINS,GERALD& HUGGINS, JULIE HY GRADE PRECAST CONCRETE ICECO ADVANCED ARENA PRODUCTS IKON OFFICE SOLUTIONS EASTERN DIVISION T8022 IN2ITIVE GROUP INC IN2ITIVE GROUP INC INFORMATION NIAGARA INTERSTATE BATTERY SYSTEMS OF HAMILTON INTERSTATE BATTERY SYSTEMS OF HAMILTON INTERSTATE BATTERY SYSTEMS OF HAMILTON INTERSTATE BATTERY SYSTEMS OF HAMILTON IRVIN,MICHAEL ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD IVANHOE CAMBRIDGE INC IWS- NIAGARA OCCUPATIONAL HEALTH SERVICES J W IVES ENTERPRISES JACK DOW AUTO SUPPLIES LIMITED JACK DOW AUTO SUPPLIES LIMITED JACKSON,DAVE JAGGER HIMS LIMITED JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JOHN MIKULCIC CONSTRUCTION LTD JUST ATHLETICS KAN DU POOLS LTD KCM CONSTRUCTION MAINTENANCE KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KENWORTH TORONTO LTD KENWORTH TORONTO LTD KENWORTH TORONTO LTD KNECHT BERCHTOLD INC KONE INC KRONSTEIN,MARK KUCHYT,TOM KWIK MIX MATERIALS LIMITED LAKE'S MAINTENANCE LAKE'S MAINTENANCE LANGILLE,MARILYN LATOPLAST LTD LATOPLAST LTD LATOPLAST LTD LATOPLAST LTD LAWSON PRODUCTS INC LAWSON PRODUCTS INC LAWSON PRODUCTS INC LEXISNEXIS CANADA INC LEXISNEXIS CANADA INC LEXISNEXIS QUICKLAW Cheque No. Cheque Date Purpose 312583 24 -Jul -2007 LEASES AND RENTS 312796 31 -Jul -2007 LEASES AND RENTS 312394 17 -Jul -2007 CONTRACT SERVICES 312797 31 -Jul -2007 MATERIALS 312395 17 -Jul -2007 REIMBURSEMENT 312584 24 -Jul -2007 MAINTENANCE /REPAIRS 312396 17 -Jul -2007 TRAVEUMILEAGE 312798 31 -Jul -2007 PETTY CASH REPLENISH 312220 10 -Jul -2007 MATERIALS 312585 24 -Jul -2007 MATERIALS 312800 31 -Jul -2007 MATERIALS 312222 10 -Jul -2007 EQUIPMENT 312397 17 -Jul -2007 MAINTENANCE /REPAIRS 312587 24 -Jul -2007 MAINTENANCE/REPAIRS 312044 03 -Jul -2007 CONSULTING SERVICES 312802 31 -Jul -2007 CONSULTING SERVICES 312045 03 -Jul -2007 PARKING REFUND 312046 03 -Jul -2007 LEASES AND RENTS 312047 03 -Jul -2007 REFUND SERVICE DEPOSIT 312803 31 -Jul -2007 REFUND SERVICE DEPOSIT 312223 10 -Jul -2007 TRAVEUMILEAGE 312224 10 -Jul -2007 CONSULTING SERVICES 312804 31 -Jul -2007 REFUND -TAX 312048 03 -Jul -2007 MATERIALS 312049 03 -Jul -2007 MATERIALS 312588 24 -Jul -2007 COMPUTER 312226 10 -Jul -2007 MATERIALS 312398 17 -Jul -2007 MATERIALS 312051 03 -Jul -2007 MATERIALS 312227 10 -Jul -2007 MATERIALS 312399 17 -Jul -2007 MATERIALS 312589 24 -Jul -2007 MATERIALS 312806 31 -Jul -2007 MATERIALS 312493 19 -Jul -2007 ELECTION DONATION REFUND 312052 03 -Jul -2007 SAFETY SHOES 312400 17 -Jul -2007 SAFETY SHOES 312807 31 -Jul -2007 SAFETY SHOES 312808 31 -Jul -2007 REFUND SECURITY DEPOSIT 312401 17 -Jul -2007 CONTRACT SERVICES 312405 17 -Jul -2007 STORES /INVENTORY 312053 03 -Jul -2007 MATERIALS 312402 17 -Jul -2007 MATERIALS 312403 17 -Jul -2007 TRAVEUMILEAGE 312809 31-Jul-2007 CONSULTING SERVICES 312404 17 -Jul -2007 MAINTENANCE /REPAIRS 312604 24 -Jul -2007 REFUND 312591 24 -Jul -2007 MATERIALS 312592 24 -Jul -2007 MATERIALS 312810 31 -Jul -2007 CONTRACT SERVICES 312055 03 -Jul -2007 CONTRACT SERVICES 312406 17 -Jul -2007 CONTRACT SERVICES 312056 03 -Jul -2007 AUTOMOTIVE SUPPLIES 312228 10 -Jul -2007 AUTOMOTIVE SUPPLIES 312811 31 -Jul -2007 AUTOMOTIVE SUPPLIES 312407 17 -Jul -2007 CONTRACT SERVICES 312593 24 -Jul -2007 CONTRACT SERVICES 312057 03 -Jul -2007 TRAVEUMILEAGE 312229 10 -Jul -2007 TRAVEUMILEAGE 312812 31 -Jul -2007 MATERIALS 312230 10 -Jul -2007 MAINTENANCE /REPAIRS 312813 31 -Jul -2007 MAINTENANCE /REPAIRS 312058 03 -Jul -2007 DR RECRUITMENT LUNCHEON 312059 03 -Jul -2007 STORES /INVENTORY 312231 10 -Jul -2007 STORES /INVENTORY 312594 24 -Jul -2007 STORES /INVENTORY 312814 31 -Jul -2007 STORES /INVENTORY 312060 03 -Jul -2007 AUTOMOTIVE PARTS 312595 24 -Jul -2007 AUTOMOTIVE PARTS 312815 31 -Jul -2007 AUTOMOTIVE PARTS 312408 17-Jul-2007 LEGAL PUBLICATIONS 312596 24 -Jul -2007 LEGAL PUBLICATIONS 312816 31 -Jul -2007 LEGAL PUBLICATIONS Page 6 of 12 Amount 1,305.30 1,097.25 14,830.20 333.45 11,326.10 107.45 143.00 668.20 1,502.87 235.60 2,833.09 12,800.00 2,522.37 3,765.97 830.00 2,385.00 15.00 1,588.30 1,000.00 750.00 109.50 6,625.00 472.10 758.10 1,920.99 17,659.74 10,941.41 641.25 59.00 681.08 681.08 661.38 165.35 110.43 141.34 489.58 274.71 5,945.76 1,475.00 1,627.50 616.62 3,830.63 141.00 1,344.61 222.60 300.00 4,575.08 218.74 519.40 1,905.32 4,264.59 286.64 98.79 320.66 2,496.60 2,907.15 30.00 430.00 1,408.70 137.80 1,612.53 28.21 377.79 102.60 142.62 33.65 1,189.77 3,599.28 1,131.95 222.08 55.65 248.04 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name LINDSAY PRESS LOUTH NIAGARA ORCHARDS LUEY,CATHERINE LUNDY'S LANE BIA LY,HOANG M J DUMONT ENTERPRISES LTD MSACANADA MACWHIRTER,RICK MALIBU POOLS MARINE CLEAN LTD MARSHALL,DEREK& MARSHALL, CATHY MASSI,FLORI MATRIX INNOVATIONS INC MATTHEW J PEARCE MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MCCONNELL,LUCILLE MCLEAN KERR LLP MCLEOD,CRAIG MCMILLAN,TIMOTHY MCNAMARA,SUSAN MCRAE,LEN MCRAE,LEN MEDIA PRO INC MEDIA PRO INC MELLEN DISTRIBUTING 1137637 ONTARIO INC MELYMUKA JENNIFER INTERIOR DESIGN CONSULTANT MERCER DELTA CONSULTING LIMITED MERIDIAN CREDIT UNION MERIDIAN PLANNING CONSULTANTS INC METE,GARY& METE, DIANE MIGNELLI,CARMEN MILLER MAINTENANCE LIMITED (NIAGARA) MINERVINI,DOMENIC MINISTER OF FINANCE /MINISTRY OF TRANSPORTATION MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MODERN LANDFILL INC MODERN LANDFILL INC MOHAWK MFG SUPPLY CO MOHAWK MFG SUPPLY CO MONTEITH -BROWN PLANNING CONSULTANTS MONTGOMERY,MOE& MONTGOMERY, MIKE MOODY,RONALD MOROCCO,JOHN MORRISSEY,DENYSE MOTOR COACH INDUSTRIES LIMITED MOTOR COACH INDUSTRIES LIMITED MOTOR COACH INDUSTRIES LIMITED MOTOR COACH INDUSTRIES LIMITED MOTOR COACH INDUSTRIES LIMITED MOTTOLA,MIKE MR KLEEN ALL MR QUICK SOFT CLOTH MR QUICK SOFT CLOTH MUNICIPAL RETIREES ORGANIZATION ONTARIO NAPA NIAGARA #0628 NATIONAL BANK OF CANADA Cheque No. Cheque Date Purpose 312233 10 -Jul -2007 POOL PASSES 312234 10 -JuI -2007 CONTRACT SERVICES 312707 27 -Jul -2007 TRAVEUMILEAGE 312235 10 -Jul -2007 ADMINISTRATIVE 312598 24 -Jul -2007 REFUND 312246 10 -Jul -2007 UTILITIES 312611 24 -Jul -2007 MATERIALS 312236 10 -Jul -2007 REFUND 312237 10 -Jul -2007 POOL SUPPLIES 312599 24 -Jul -2007 MATERIALS 312600 24 -Jul -2007 REFUND 312238 10 -Jul -2007 REFUND 312063 03 -Jul -2007 CONTRACT SERVICES 312844 31 -Jul -2007 LICENCE 312411 17 -Jul -2007 CONSULTING SERVICES 312064 03 -Jul -2007 TRAVEUMILEAGE 312065 03 -Jul -2007 TRAVEUMILEAGE 312601 24 -Jul -2007 ADMINISTRATIVE 312239 10 -Jul -2007 TRAVEUMILEAGE 312818 31 -Jul -2007 REFUND 312066 03 -Jul -2007 TRAVEUMILEAGE 312412 17 -Jul -2007 CONTRACT SERVICES 312819 31 -Jul -2007 CONTRACT SERVICES 312240 10 -Jul -2007 MATERIALS 312602 24 -Jul -2007 MATERIALS 312241 10 -Jul -2007 CONCESSION SUPPLIES 312603 24 -Jul -2007 CONTRACT SERVICES 312068 03 -Jul -2007 CONTRACT SERVICES 312414 17 -Jul -2007 REFUND 312413 17 -Jul -2007 CONSULTING SERVICES 312820 31 -Jul -2007 REFUND 312243 10 -Jul -2007 SAFETY SHOES 312605 24 -Jul -2007 CONTRACT SERVICES 312069 03 -Jul -2007 TRAVEUMILEAGE 312824 31 -Jul -2007 ADMINISTRATIVE 312071 03 -Jul -2007 PAYROLL REMITTANCE 312072 03 -Jul -2007 PAYROLL REMITTANCE 312245 10 -Jul -2007 REMITTANCE 312416 17 -Jul -2007 REMITTANCE 312607 24 -Jul -2007 PUBLICATIONS 312708 27 -Jul -2007 BUS SAFETY CERTIFICATES 312718 30 -Jul -2007 ADMINISTRATIVE 312719 30 -Jul -2007 ADMINISTRATIVE 312822 31 -Jul -2007 PAYROLL REMITTANCE 312823 31 -Jul -2007 PAYROLL REMITTANCE 312070 03 -Jul -2007 PAYROLL REMITTANCE 312244 10 -Jul -2007 PAYROLL REMITTANCE 312415 17 -Jul -2007 PAYROLL REMITTANCE 312606 24 -Jul -2007 PAYROLL REMITTANCE 312821 31 -Jul -2007 PAYROLL REMITTANCE 312247 10 -Jul -2007 CONTRACT SERVICES 312417 17 -Jul -2007 CONTRACT SERVICES 312608 24 -Jul -2007 CONTRACT SERVICES 312418 17-Jul-2007 AUTOMOTIVE SUPPLIES 312825 31 -JuI -2007 AUTOMOTIVE SUPPLIES 312248 10 -JuI -2007 CONSULTING SERVICES 312609 24 -Jul -2007 CONTRACT SERVICES 312826 31 -JuI -2007 REFUND 312249 10 -JuI -2007 TRAVEUMILEAGE 312250 10-Jul-2007 TRAVEUMILEAGE 312073 03 -JuI -2007 AUTOMOTIVE SUPPLIES 312251 10-Jul-2007 AUTOMOTIVE SUPPLIES 312419 17-Jul-2007 AUTOMOTIVE SUPPLIES 312610 24 -JuI -2007 AUTOMOTIVE SUPPLIES 312827 31 -Jul -2007 AUTOMOTIVE SUPPLIES 312420 17 -JuI -2007 REFUND 312074 03 -JuI -2007 CONTRACT SERVICES 312075 03 -JuI -2007 CONTRACT SERVICES 312421 17-Jul-2007 CONTRACT SERVICES 312612 24 -JuI -2007 REMITTANCE 312613 24-Jul-2007 AUTOMOTIVE PARTS 312614 24 -JuI -2007 REFUND Page 7 of 12 Amount 144.78 3,234.75 74.00 140,000.00 738.00 130.38 584.69 91.17 4,772.33 5,278.78 750.00 750.00 4,030.39 60.00 2,434.46 90.00 90.00 11,382.14 648.00 672.36 90.00 60.00 180.00 541.50 322.00 268.65 441.23 10,618.02 853.31 2,607.60 750.00 150.00 1,198.60 119.50 9,132.75 46,333.89 3,350.87 727.28 3,923.49 1,223.63 400.00 2,000.00 600.00 49,413.58 3,278.14 1,709.60 1,711.83 1,553.97 1,553.97 1,613.46 4,143.96 83.17 1,766.71 123.26 197.39 22,671.99 330.37 750.00 295.50 85.00 1,817.99 606.56 199.42 1,727.55 327.32 750.00 636.00 343.44 124.02 25.00 47.16 468.46 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name NAZZAL ENTERPRISES INC NEDCO NEDCO NIAGARA 21 ST GROUP IN NIAGARA BATTERY AND TIRE NIAGARA BATTERY AND TIRE NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA CHAIR A VAN NIAGARA COMMUNITY NEWSPAPERS NIAGARA CRACK SEALING NIAGARA DISTRICT AIRPORT COMMISSION NIAGARA DRIVETRAIN CENTRE NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS HYDRO NIAGARA FALLS PUBLIC LIBRARY NIAGARA FALLS TOURISM NIAGARA FALLS TOURISM NIAGARA ON THE LAKE HYDRO INC NIAGARA PENINSULA CONSERVATION AUTHORITY NIAGARA PLUMBING SUPPLY COMPANY LIMITED NIAGARA REGION CHILDREN'S SAFETY VILLAGE NIAGARA REGIONAL TRAINING OFFICERS ASSOCIATION NIAGARA SHEET METAL NIAGARA SHEET METAL NIAGARA SHEET METAL NIAGARA SOUND SYSTEMS NIAGARA SPRING SERVICE LTD NIAGARA THIS WEEK NIAGARA TRANSIT NIAGARA WINE FESTIVAL NIAGARA.COM NIELSEN'S MAINTENANCE (1999) LTD NORJOHN LTD NORJOHN LTD NORJOHN LTD NORTHERN SPECIALITY SUPPLIES INC NORTHSTAR CONSTRUCTION OBERLEIN,GREGORY GEORGE OCE- CANADA INC OCE- CANADA INC OMERS OMERS OMERS OMERS OMERS ON THE AIR NETWORKS ONTARIO WATER PRODUCTS INC OPTIMIST CLUB OPTIMIST CLUB OPTIMIST CLUB SLO -PITCH CANTEEN PAGENET OF CANADA INC PALMER, W ENDALL PALMER,WENDALL PANETTA,MICHAEL Cheque No. 312615 312076 312252 312616 312138 312617 312422 312135 312709 312619 312423 312424 312620 312081 312082 312256 312426 312625 312833 312834 312621 312710 312830 312079 312080 312254 312255 312425 312622 312623 312831 312832 312716 312083 312711 312257 312427 312835 312258 312836 312084 312259 312428 312429 312837 312626 312430 312260 312253 312627 312262 312628 312839 312085 312086 312263 312431 312630 312087 312088 312631 312840 312841 312089 312632 312433 312633 312434 312634 312264 312842 312635 Cheque Date 24 -Jul -2007 03 -Jul -2007 10 -Jul -2007 24 -Jul -2007 06 -Jul -2007 24 -Jul -2007 17 -Jul -2007 06 -Jul -2007 27 -Jul -2007 24 -Jul -2007 17 -Jul -2007 17 -Jul -2007 24 -Jul -2007 03 -Jul -2007 03 -Jul -2007 10 -Jul -2007 17 -Jul -2007 24 -Jul -2007 31-Jul-2007 31 -Jul -2007 24 -Jul -2007 27 -Jul -2007 31 -Jul -2007 03 -Jul -2007 03 -Jul -2007 10 -Jul -2007 10 -Jul -2007 17 -Jul -2007 24 -Jul -2007 24 -Jul -2007 31 -Jul -2007 31 -Jul -2007 30 -Jul -2007 03 -Jul -2007 27 -Jul -2007 10 -Jul -2007 17 -Jul -2007 31 -Jul -2007 10 -Jul -2007 31 -Jul -2007 03 -Jul -2007 10-Jul-2007 17 -Jul -2007 17 -Jul -2007 31 -Jul -2007 24 -Jul -2007 17 -Jul -2007 10 -Jul -2007 10 -Jul -2007 24 -Jul -2007 10 -Jul -2007 24 -Jul -2007 31 -Jul -2007 03 -Jul -2007 03 -Jul -2007 10 -Jul -2007 17 -Jul -2007 24 -Jul -2007 03 -Jul -2007 03 -Jul -2007 24 -Jul -2007 31 -Jul -2007 31 -Jul -2007 03 -Jul -2007 24 -Jul -2007 17 -Jul -2007 24 -JuI -2007 17 -Jul -2007 24 -Jul -2007 10 -Jul -2007 31 -Jul -2007 24-Jul-2007 Purpose REFUND STORES /INVENTORY STORES /INVENTORY REFUND AUTOMOTIVE PARTS AUTOMOTIVE PARTS MATERIALS GRANT GRANT ADVERTISING CONTRACT SERVICES GRANT AUTOMOTIVE REPAIR PARTS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE DOG TAGS CONTRACT SERVICES CONTRACT SERVICES WATER ARREARS UTILITIES ADMINISTRATIVE UTILITIES WATER ARREARS WATER ARREARS UTILITIES WATER ARREARS UTILITIES LEASES AND RENTS ADMINISTRATIVE GRANT UTILITIES APPROVAL FEE MATERIALS ADMINISTRATIVE TRAINING MATERIALS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS CONTRACT SERVICES AUTOMOTIVE PARTS ADVERTISING PETTY CASH REMITTANCE CONTRACT SERVICES MAINTENANCE PARTS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES SUPPLIES CONTRACT SERVICES REFUND CONTRACT SERVICES COURIER CHARGES PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE CONTRACT SERVICES MATERIALS LEASES AND RENTS DONATION CONTRACT SERVICES UTILITIES REFUND REFUND REFUND Page 8 of 12 Amount 3,514.88 327.70 46.69 5,361.22 4,007.56 8,853.18 275.19 30,000.00 30,000.00 316.94 7,161.45 23,432.50 281.88 4,398.17 2,653.24 2,653.24 2,653.24 2,653.24 2,653.24 4,318.41 145.00 46,762.46 780.00 12,611.76 22,656.31 6,800.23 8,984.61 17,525.87 4,754.80 15,365.53 11,414.24 117,225.11 46.59 100,000.00 21,666.64 93.55 2,650.00 155.35 4,129.00 2,400.00 2,359.80 91.20 68.40 349.65 897.75 1,421.46 766.02 25.00 152.06 157.18 144,004.31 5,300.00 122,569.15 234.84 1,603.25 750.00 6,367.75 8.48 351,861.14 20,059.64 380.76 339,019.34 19,975.78 4,300.08 1,922.04 700.00 100.00 545.00 721.29 400.00 600.00 750.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PANORAMIC HOSPITALITY INC PARRENT,SHAUN PART SOURCE PATRIOT ENTERPRISES PEC ROOF MAINTENANCE PENINSULA ABSTRACT INC PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA PURE WATER PENINSULA TOWING RECOVERY INC PENINSULA TOWING RECOVERY INC PENINSULA TOWING RECOVERY INC PENINSULA VIDEO SOUND INC PENTACRON INVESTMENTS LIMITED PERFORMANCE CHRYSLER PERFORMANCE CONCEPTS CONSULTING PERFORMANCE POWDER COATING FASTENERS LTD PETRO CANADA LIMITED PHILIPS ENGINEERING PHILIPS ENGINEERING PHILIPS ENGINEERING PIETRANGELO,NICK PINERIDGE TREE SERVICE LTD PLATINUM PROMOTIONS INC POTTS,JESSICA POTTS,JESSICA POWERTECH ENTERPRISES INC POWERTECH ENTERPRISES INC PRATA,GUY PRAXAIR PRAXAIR PRESTIGE PORTABLE TOILETS PREVOST COACH TRANSIT PRINCESS AUTO PRINCESS AUTO PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL SERVICES PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER R J SMITH EQUIPMENT INC R J SMITH EQUIPMENT INC R J SMITH EQUIPMENT INC R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAIMONDO ASSOCIATES ARCHITECTS INC RAIMONDO ASSOCIATES ARCHITECTS INC RAPP,W RAYDAN MANUFACTURING ONTARIO INC RCI CONSULTING REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REGIONAL NIAGARA FIRE BUFFS REGIONAL NIAGARA FIRE BUFFS REMPEL,LAUREN RILEY,JOHN ROCHESTER MIDLAND LIMITED ROGERS WIRELESS INC Cheque No. Cheque Date Purpose 312843 31 -Jul -2007 REFUND 312435 17 -Jul -2007 REFUND 312636 24 -Jul -2007 PROPANE TANK 312437 17 -Jul -2007 STORES /INVENTORY 312637 24 -Jul -2007 CONTRACT SERVICES 312848 31 -JuI -2007 ADMINISTRATIVE 312266 10 -Jul -2007 CONTRACT SERVICES 312639 24 -Jul -2007 CONTRACT SERVICES 312845 31 -Jul -2007 CONTRACT SERVICES 312090 03 -Jul -2007 CONTRACT SERVICES 312265 10 -Jul -2007 CONTRACT SERVICES 312438 17 -Jul -2007 CONTRACT SERVICES 312638 24 -Jul -2007 CONTRACT SERVICES 312091 03 -Jul -2007 CONTRACT SERVICES 312640 24 -Jul -2007 CONTRACT SERVICES 312846 31 -Jul -2007 CONTRACT SERVICES 312847 31 -Jul -2007 CONTRACT SERVICES 312641 24 -Jul -2007 REFUND 312092 03 -Jul -2007 EQUIPMENT TRANSIT 312642 24-Jul-2007 CONSULTING SERVICES 312093 03 -Jul -2007 MAINTENANCE /REPAIRS 312439 17-Jul-2007 REFUND 312094 03 -Jul -2007 CONTRACT SERVICES 312267 10 -Jul -2007 CONTRACT SERVICES 312849 31 -Jul -2007 CONTRACT SERVICES 312643 24 -JuI -2007 SAFETY SHOES 312268 10 -JuI -2007 CONTRACT SERVICES 312095 03 -JuI -2007 GOLF SHIRTS 312096 03 -JuI -2007 TRAVEUMILEAGE 312850 31 -JuI -2007 TRAVEUMILEAGE 312097 03 -JuI -2007 MAINTENANCE/REPAIRS 312269 10-Jul-2007 MAINTENANCE /REPAIRS 312851 31 -JuI -2007 TRAVEUMILEAGE 312098 03 -JuI -2007 ACETYLENE 312644 24 -JuI -2007 MATERIALS 312852 31 -JuI -2007 CONTRACT SERVICES 312645 24 -JuI -2007 MATERIALS 312270 10-Jul-2007 AUTOMOTIVE SUPPLIES 312440 17-Jul-2007 AUTOMOTIVE SUPPLIES 312712 27 -JuI -2007 GRANT 312441 17-Jul-2007 CONTRACT SERVICES 312646 24 -JuI -2007 CONTRACT SERVICES 312099 03 -JuI -2007 COURIER 312271 10 -JuI -2007 COURIER 312648 24 -JuI -2007 COURIER 312853 31 -JuI -2007 COURIER 312278 10-Jul-2007 MAINTENANCE /REPAIRS 312448 17-Jul-2007 MAINTENANCE /REPAIRS 312858 31-Jul-2007 MAINTENANCE /REPAIRS 312449 17 -JuI -2007 UNIFORMS 312653 24 -JuI -2007 UNIFORMS 312859 31 -JuI -2007 UNIFORMS 312272 10-Jul-2007 STORES /INVENTORY 312442 17-Jul-2007 STORES /INVENTORY 312443 17 -JuI -2007 CONSULTING SERVICES 312649 24 -JuI -2007 CONSULTING SERVICES 312100 03 -JuI -2007 REFUND 312273 10 -JuI -2007 AUTOMOTIVE SUPPLIES 312274 10 -JuI -2007 CONSULTING SERVICES 312854 31 -JuI -2007 ADMINISTRATIVE 312101 03 -JuI -2007 PAYROLL REMITTANCE 312275 10-Jul-2007 PAYROLL REMITTANCE 312444 17-Jul-2007 PAYROLL REMITTANCE 312650 24 -JuI -2007 PAYROLL REMITTANCE 312651 24 -JuI -2007 PAYROLL REMITTANCE 312855 31 -JuI -2007 PAYROLL REMITTANCE 312447 17 -JuI -2007 CONTRACT SERVICES 312652 24 -JuI -2007 CONTRACT SERVICES 312105 03 -JuI -2007 TRAVEL/MILEAGE 312277 10 -JuI -2007 REFUND 312860 31 -JuI -2007 CONCESSION SUPPLIES 312107 03 -JuI -2007 UTILITIES Page 9 of 12 Amount 9,712.43 750.00 153.78 848.16 735.54 113.83 74.20 400.68 31.80 40.00 190.00 45.00 90.00 100.70 79.50 397.50 132.50 1,623.74 82,771.98 8,141.79 1,140.00 387.00 23,998.67 3,325.35 22,804.81 150.00 8,041.43 3,933.95 130.00 238.00 918.77 497.33 47.50 1,378.10 169.42 3,250.13 326.19 184.92 184.92 25,412.67 256,323.92 891.99 231.00 80.93 193.77 321.52 473.05 1,271.10 2,103.30 2,405.44 192.41 49.24 114.51 751.58 668.93 1,168.86 36.50 878.42 1,909.06 5,384.80 198,494.58 195,918.48 239,657.70 249,893.23 6,768.00 180,032.15 100.00 200.00 130.00 2,418.71 960.78 1,200.74 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name ROGERS WIRELESS INC ROGERS WIRELESS INC ROGERS WIRELESS INC RONA ONTARIO INC RONA ONTARIO INC RONALD C ELLENS APPRAISALS INC ROSANDIC,MARIO ROTHSAY ROYAL ENVELOPE LTD RUDACHUK,PHILIP RUDDELL,JESSICA SACCO,DOLORES SACCO CONSTRUCTION SAFEDESIGN APPAREL LTD SAFEDESIGN APPAREL LTD SAFEGUARD ELEVATOR MAINTENANCE LTD SAFETY KLEEN CANADA INC SAFETY TODAY SALCI,TED SAVOIE,LISA SCARINGI,VITO SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCOTT PETRIE BRANDER WALTERS WRIGHT LLP SCUGOG SIGNS SEALER WORKS SEALER WORKS SEALER WORKS SEALER WORKS SEAWAY HOSE HYDRAULICS LTD SELECT TOTAL SERVICE SERGE MARIO CONCRETE FOUNDATIONS LTD SETON SETON SETON SETON SETTANNI,ANNA SHAHEEN PEAKER LTD SHAHEEN PEAKER LTD SHELDON,BOB SHELL CANADA PRODUCTS SHERK SUSAN E BARRISTER SOLICITOR SHERWIN WILLIAMS SHERWIN WILLIAMS SHERWIN WILLIAMS SHRED IT KITCHENER SICO INC SICO INC SIDEWALKS PLUS SIDEWALKS PLUS SIGNATURE SIGNS SIGNATURE SIGNS SIGNATURE SIGNS SIM,DONALD& SIM, JOAN SIMCOE GLASS ALUMINUM SIMPLEX GRINNELL SIMPLISTIC LINES INC SINGULAR PRODUCTIONS LIMITED SLAPPENDEL GREENHOUSES INC SLAPPENDEL GREENHOUSES INC SMITH,CHARLIE SPEARE SEEDS ST CATHARINES TRANSIT COMMISSION ST JOHN AMBULANCE STAMFORD HOME HARDWARE STEED EVANS LIMITED STEINBACH,KAMI C STEVENSVILLE LAWN SERVICE INC STITCH IT Cheque No. 312451 312654 312861 312280 312862 312655 312452 312281 312863 312453 312282 312454 312656 312657 312864 312283 312284 312865 312706 312108 312285 312109 312455 312659 312866 312867 311991 312286 312110 312287 312456 312868 312660 312288 312869 312111 312289 312457 312661 312290 312291 312870 312292 312662 312871 312293 312663 312872 312664 312112 312665 312294 312666 312113 312458 312667 312874 312873 312668 312459 312460 312461 312669 312875 312462 312116 311990 312463 312464 312465 312876 312670 Cheque Date 17 -Jul -2007 24 -Jul -2007 31 -Jul -2007 10-Jul-2007 31 -Jul -2007 24 -Jul -2007 17 -Jul -2007 10 -Jul -2007 31 -Jul -2007 17 -Jul -2007 10 -Jul -2007 17 -Jul -2007 24 -Jul -2007 24 -JuI -2007 31-Jul-2007 10-Jul-2007 10-Jul-2007 31 -JuI -2007 26 -JuI -2007 03 -JuI -2007 10-Jul-2007 03 -JuI -2007 17-Jul-2007 24 -JuI -2007 31 -JuI -2007 31-Jul-2007 27- Jun -2007 10 -JuI -2007 03 -JuI -2007 10-Jul-2007 17 -Jul -2007 31 -JuI -2007 24 -JuI -2007 10- JuI -2007 31 -JuI -2007 03 -JuI -2007 10 -JuI -2007 17 -Jul -2007 24 -JuI -2007 10-Jul-2007 10-Jul-2007 31 -JuI -2007 10-Jul-2007 24 -JuI -2007 31-Jul-2007 10-Jul-2007 24 -JuI -2007 31 -JuI -2007 24 -JuI -2007 03 -JuI -2007 24 -JuI -2007 10 -JuI -2007 24 -JuI -2007 03 -JuI -2007 17-Jul-2007 24 -JuI -2007 31 -JuI -2007 31 -JuI -2007 24 -JuI -2007 17-Jul-2007 17-Jul-2007 17-Jul-2007 24 -JuI -2007 31 -JuI -2007 17-Jul-2007 03 -JuI -2007 27- Jun -2007 17-Jul-2007 17-Jul-2007 17-Jul-2007 31-Jul-2007 24 -JuI -2007 Purpose UTILITIES UTILITIES UTILITIES MATERIALS MATERIALS CONSULTING SERVICES REFUND LEASES AND RENTS OFFICE SUPPLIES TRAVEUMILEAGE TRAVEUMILEAGE PETTY CASH CONTRACT SERVICES BOOTS BOOTS CONTRACT SERVICES STORES /INVENTORY STORES /INVENTORY TRAVEUMILEAGE REFUND TRAVEUMILEAGE REMITTANCE US DRAFT US DRAFT US DRAFT REMITTANCE ADMINISTRATIVE SIGNS CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MATERIALS CONTRACT SERVICES LEASES AND RENTS SAFETY SUPPLIES SAFETY SUPPLIES SAFETY SUPPLIES SAFETY SUPPLIES TRAVEUMILEAGE CONTRACT SERVICES CONTRACT SERVICES REFUND FUEL REFUND PAINTS PAINTS PAINTS CONTRACT SERVICES STORES /INVENTORY STORES /INVENTORY CONTRACT SERVICES CONTRACT SERVICES BANNERS SIGNS SIGNS REFUND MATERIALS CONTRACT SERVICES FIELD LINER EQUIPMENT MATERIALS PLANTS PLANTS SAFETY SHOES LAWN MIXTURE CONTRACT SERVICES GRANT MAINTENANCE MATERIALS CONTRACT SERVICES REFUND CONTRACT SERVICES UNIFORM REPAIRS Page 10 of 12 Amount 924.01 2,520.33 253.42 30.87 27.22 2,227.30 750.00 205.20 106.74 240.50 106.50 284.47 15,235.99 1,553.08 262.52 271.36 5,152.45 861.84 1,155.00 46.74 198.50 194,618.83 1,269.60 800.19 6,462.00 125,377.69 17,900.00 13,186.38 393.53 275.60 1,279.97 1,820.56 1,391.59 531.35 3,339.00 261.27 108.68 377.73 101.71 116.50 1,704.48 1,899.52 750.00 139,368.24 30.00 186.16 1,737.51 125.17 68.90 423.67 106.29 6,784.00 7,345,80 792.30 941.68 228.00 239.62 651.25 191.52 4,155.30 316.92 430.92 68.40 136.60 1,370.85 1,157.52 32,500.00 795.00 13,040.18 750.00 23,298.06 491.20 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name STOKES INTERNATIONAL STRATEGY CORP STREAMLINE STREAMLINE STREAMLINE STRIPES AND SIGNS STUART,DAVID SULLIVAN MAHONEY SULLIVAN MAHONEY SUN LIFE OF CANADA SUNCOR ENERGY PRODUCTS INC SUPERIOR PETRO FUELS SUPERIOR PROPANE INC SUPREMEXINC SWEET -MMMS BAKERY CATERING SYSTEMMACS VOICE DATA SOLUTIONS SZCZECH,WALTER TAB TALK WIRELESS INC TALK WIRELESS INC TAMM COMMUNICATIONS INC TARCZY,TARA TD CANADA TRUST TECHNICAL STANDARDS SAFETY AUTHORITY TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY TELUS NATIONAL SYSTEMS INC TENAQUIP LMITED TENNIER SANITATION TENNIER SANITATION TERANET INC TES INFORMATION TECHNOLOGIES THE BURKE GROUP THE DRAFTING CLINIC CANADA LTD THE DRAFTING CLINIC CANADA LTD THE DRAWING CENTRE THE EMPIRE LIFE INSURANCE COMPANY THE EQUIPMENT SPECIALIST INC THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REGIONAL MUNICIPALITY OF NIAGARA THE REVIEW THE REVIEW THE STANDARD THERMO KING OF TORONTO TIM HORTONS STORE #30 TIM HORTONS STORE #30 TOTO,ANGELO TOTTEN SIMS HUBICKI ASSOCIATES TOTTEN SIMS HUBICKI ASSOCIATES TRAVERS,MARK TREASURE HOUSE IMPORTS LTD TRI CITY CURB CUTTING INC TROW ASSOCIATES INC TWARDAWSKY,NICK TYERS,SUSAN UAP INC #963 UAP INC #963 UAP INC #963 UAP INC #963 UAP INC #963 Cheque No. Cheque Date Purpose 312671 24 -Jul -2007 UNIFORM ACCESSORIES 312117 03 -Jul -2007 CONTRACT SERVICES 312118 03 -Jul -2007 TRUCK COVER 312466 17 -Jul -2007 MATERIALS 312672 24 -Jul -2007 REPAIR MATERIALS 312295 10 -Jul -2007 MAINTENANCE /REPAIRS 312673 24 -Jul -2007 ADMINISTRATIVE 312296 10 -JuI -2007 LEGAL SERVICES 312467 17 -Jul -2007 REFUND 312674 24 -Jul -2007 REMITTANCE 312468 17 -Jul -2007 FUEL 312879 31 -Jul -2007 FUEL 312675 24 -Jul -2007 FUEL 312880 31 -Jul -2007 OFFICE SUPPLIES 312297 10 -Jul -2007 BUSINESS MEETING EXPENSE 312469 17 -Jul -2007 CONTRACT SERVICES 312470 17 -Jul -2007 REFUND 312298 10 -Jul -2007 OFFICE SUPPLIES 312471 17 -Jul -2007 CONTRACT SERVICES 312676 24 -Jul -2007 CONTRACT SERVICES 312299 10 -Jul -2007 ADVERTISING 312677 24 -Jul -2007 CONFERENCE 312881 31 -Jul -2007 REFUND 312473 17 -JuI -2007 CONTRACT SERVICES 312474 17 -JuI -2007 UTILITIES 312120 03 -JuI -2007 UTILITIES 312475 17-Jul-2007 UTILITIES 312882 31 -JuI -2007 CONTRACT SERVICES 312678 24 -JuI -2007 AUTOMOTIVE PARTS 312301 10 -JuI -2007 CLEANING SUPPLIES 312476 17 -JuI -2007 INSECTICIDE 312679 24 -JuI -2007 ADMINISTRATIVE 312883 31 -JuI -2007 CONTRACT SERVICES 312167 10-Jul-2007 ADMINISTRATIVE 312026 03 -JuI -2007 SERVICE CONTRACT 312780 31 -JuI -2007 MAINTENANCE /REPAIRS 312197 10-Jul-2007 MATERIALS 312477 17 -JuI -2007 BENEFITS TRANSIT 312205 10 -JuI -2007 LEASES AND RENTS 312302 10-Jul-2007 SUPPLIES 312478 17-Jul-2007 SUPPLIES 312680 24 -Jul -2007 SUPPLIES 312102 03 -JuI -2007 DEBENTURES 312103 03 -JuI -2007 DEBENTURES 312104 03 -JuI -2007 SIGNS 312136 06 -JuI -2007 DEVELOPMENT CHARGES 312276 10-Jul-2007 CONTRACT SERVICES -WASTE 312445 17-Jul-2007 DEBENTURES 312446 17-Jul-2007 SIGNS 312705 25 -JuI -2007 WATER FLOWS 312856 31-Jul-2007 DEVELOPMENT CHARGES 312857 31 -JuI -2007 CONSTRUCTION COST SHARING 312681 24 -JuI -2007 ADVERTISING 312884 31 -JuI -2007 ADVERTISING 312121 03 -JuI -2007 ADVERTISING 312682 24 -JuI -2007 AUTOMOTIVE PARTS 312683 24 -JuI -2007 MATERIALS 312886 31-Jul-2007 MATERIALS 312480 17 -JuI -2007 REFUND 312122 03 -JuI -2007 CONSULTING SERVICES 312887 31 -JuI -2007 CONSULTING SERVICES 312123 03 -JuI -2007 REFUND 312684 24 -JuI -2007 LAPEL PINS 312124 03 -Jul -2007 CONTRACT SERVICES 312685 24 -JuI -2007 CONSULTING SERVICES 312303 10 -JuI -2007 TRAVEUMILEAGE 312125 03 -JuI -2007 TRAVEUMILEAGE 312126 03 -JuI -2007 STORES /INVENTORY 312304 10-Jul-2007 STORES /INVENTORY 312481 17-Jul-2007 STORES /INVENTORY 312686 24 -JuI -2007 STORES /INVENTORY 312888 31 -JuI -2007 STORES /INVENTORY Page 11 of 12 Amount 756.43 7,950.00 1,236.90 991.80 393.30 513.00 2,179.38 407.04 70.00 856.25 1,464.12 2,130.62 31.35 723.88 97.04 152.38 750.00 243.88 1,362.96 320.24 870.98 242.74 5,217.46 357.75 2,808.29 211.44 9,805.10 5,381.94 118.81 262.20 54.67 10,000.00 2,862.00 79.50 407.15 307.92 613.64 30,667.37 11,730.60 111.72 223.44 338.29 1,007,962.24 504,703.14 1,241.22 390,035.42 8,416.40 411,845.60 421.01 1,876,650.64 55.00 1,253,173.99 10,126.61 422.30 79.50 2,305.90 83.17 48.63 150.00 5,443.50 1,685.40 90.00 1,001.70 562.96 1,919.32 137.50 84.00 907.61 139.41 96.95 769.06 241.28 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name UNITED WAY UPPER CANADA CONSULTANTS UPS CANADA URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD VADIM COMPUTER MANAGEMENT GROUP LTD VALLEYBROOK GARDENS (ONT) LTD VALUE ADDED SYSTEMS INC VAN HOUTE COFFEE SERVICES INC CO 38 VANDEN BUSSCHE IRRIGATION VIC VATRT CONTRACTING LTD VICTORIA CENTRE BIA VO,HOA THI WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER BROTHERS ASPHALT WALKER BROTHERS QUARRIES LTD WATSON,HOWARD WEDGEWOOD BUILDERS OF NIAGARA LIMITED WEIR FOULDS WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WESCO DISTRIBUTION CANADA INC WILLICK,JEREMY WIMBUSH,ROB WINGER,TERRI WINTER FESTIVAL OF LIGHTS WIRELESS WORKS WOMEN'S PLACE OF SOUTH NIAGARA INC WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILLIAM W K WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WSIB WSIB WYLIE,BRENDA YELLOW PAGES GROUP YMCA YMCA YMCA YMCA YMCA YOUNG SOD FARMS LTD YUM BRANDS CANADA MANAGEMENT HOLDINGS INC YWCA ST CATHARINES ZAMBONI COMPANY LTD ZAMBONI COMPANY LTD ZEP MANUFACTURING CO Cheque No. Cheque Date Purpose 312687 24 -Jul -2007 PAYROLL REMITTANCE 312482 17 -Jul -2007 CONSULTING SERVICES 312688 24 -Jul -2007 COURIER 312127 03 -JuI -2007 CONSULTING SERVICES 312306 10 -Jul -2007 CONSULTING SERVICES 312890 31-JuI-2007 CONTRACT SERVICES 312485 17 -JuI -2007 CONTRACT SERVICES 312689 24 -JuI -2007 CONTRACT SERVICES 312483 17 -JuI -2007 PLANTS 312690 24 -JuI -2007 EQUIPMENT 312307 10 -JuI -2007 COFFEE SUPPLIES 312484 17-Jul-2007 MAINTENANCE /REPAIRS 312486 17 -JuI -2007 CONTRACT SERVICES 312308 10-Jul-2007 BIA LEVY 312891 31 -JuI -2007 REFUND 312312 10 -JuI -2007 CONTRACT SERVICES 312488 17 -JuI -2007 CONTRACT SERVICES 312692 24 -JuI -2007 CONTRACT SERVICES 312311 10 -JuI -2007 MATERIALS 312487 17 -JuI -2007 MATERIALS 312691 24 -JuI -2007 MATERIALS 312892 31 -JuI -2007 MATERIALS 312309 10 -JuI -2007 MATERIALS 312310 10-Jul-2007 MATERIALS 312313 10 -JuI -2007 REFUND 312894 31 -JuI -2007 REFUND 312895 31 -JuI -2007 CONSULTING SERVICES 312128 03 -JuI -2007 STORES /INVENTORY 312314 10-Jul-2007 STORES /INVENTORY 312694 24 -JuI -2007 STORES /INVENTORY 312695 24 -JuI -2007 REFUND 312696 24 -JuI -2007 REFUND 312896 31 -JuI -2007 CONTRACT SERVICES 312713 27 -JuI -2007 GRANT 312697 24 -JuI -2007 CONTRACT SERVICES 312714 27 -JuI -2007 GRANT 312897 31 -JuI -2007 REFUND -TAX 312898 31 -Jul -2007 CONTRACT SERVICES 312129 03 -JuI -2007 FUEL 312489 17 -JuI -2007 FUEL 312130 03 -JuI -2007 PAYROLL REMITTANCE 312131 03 -JuI -2007 PAYROLL REMITTANCE 312899 31-Jul-2007 ADMINISTRATIVE 312900 31 -JuI -2007 PAYROLL REMITTANCE 312699 24 -JuI -2007 TRAVEUMILEAGE 312700 24 -JuI -2007 ADVERTISING 312315 10 -JuI -2007 CONTRACT SERVICES 312490 17 -JuI -2007 CONTRACT SERVICES 312701 24 -JuI -2007 PAYROLL REMITTANCE 312702 24 -JuI -2007 CONTRACT SERVICES 312901 31-Jul-2007 CONTRACT SERVICES 312491 17 -JuI -2007 SOD 312902 31 -JuI -2007 REFUND -TAX 312715 27 -JuI -2007 GRANT 312132 03 -JuI -2007 REPAIRS 312703 24 -JuI -2007 ZAMBONI PARTS 312492 17-Jul-2007 MATERIALS Page 12 of 12 Amount 1,170.00 13,973.24 34.49 13,780.68 2,517.50 35,991.01 443,589.78 2,862.00 1,512.21 832.20 209.68 960.34 29,755.28 110,000.00 689.43 327.60 125.92 32.91 1,012.74 9,337.61 1,326.59 1,426.71 545.40 4,213.40 15.00 570.26 1,127.33 619.02 585.65 4,160.18 750.00 86.45 65.00 31,666.67 6,538.59 2,083.33 731.60 3,500.00 36,534.74 23,495.67 567.05 304.49 218,111.50 554.72 62.00 28.41 577.33 2,839.82 6.00 1,424.20 472.54 1,047.42 861.34 5,181.83 2,149.44 689.66 698.00 Total 14,192,472.05 Passed this thirteenth day of August, 2007. First Reading: Second Reading: Third Reading: August 13, 2007. August 13, 2007. August 13, 2007. 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 13"` day of August, 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 13 day of August, 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. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR