The URL can be used to link to this page

2007/12/10COUNCIL MEETING Monday, December 10, 2007 Order of Business and Agenda Package O CANADA: Samantha Antonio will sing the National Anthem PRAYER: Councillor Mayes ADOPTION OF MINUTES: Council Minutes of November 26, 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. Board of Museums COUNCIL MEETING December 10, 2007 DEPUTATIONS/ PRESENTATIONS Don Jackson, Fundraising Chairperson and Gord West, Board of Museums Chair will provide Council with information about a new fundraising project, the Legacy Wall, and plans for an expansion at the Lundy's Lane Historical Museum. 2007 Environment Award Members of the Park in the City Committee will be presenting the Stamford Centre Volunteer Firemen's Association with the 2007 Environment Award, accepting will be Mike Sirianni, President of the SCVFA and Bernie Villamil, SCVFA Past President. Public Meeting AM- 28/2007, Zoning By -law Amendment Application 6473, 6483, 6513 and 6515 McLeod Road Applicant: Felix Pingue and Sons Construction Permit Three Additional Dwelling Units in a Building Under Construction on the Lands and Permit a Second 4- Storey, 12 Unit Apartment Dwelling on the Lands Background Material: Recommendation Report: PD- 2007 -97 Public Meeting AM- 27/2007, Zoning By -law Amendment Application 6493 Orchard Avenue Applicant: Li Guang Zeng Agent: Lu Marcantonio, 2M Architects To permit the Existing Building to be Converted into a 4 -Unit Dwelling Background Material: Recommendation Report: PD- 2007 -100 -and- -2 PLANNING MATTERS PUBLIC MEETINGS Correspondence from Richard Murri Correspondence from Peter Colosimo, Niagara Region Public Meeting AM- 30/2007, Zoning By -law Amendment Application 4030 Montrose Road Applicant: 1655557 Ontario Inc. (Laith Aboona) and 1405346 Ontario Inc. (Harold Smith) Agent: Richard Rosenboom and Simon Prentice, JJ Barnike Real Estate Proposed Clinic Background Material: Recommendation Report: PD- 2007 -101 -AND- -AND- -AND- Chief Administrative Officer Deputation by Guy Rizzo 3 MISCELLANEOUS PLANNING MATTERS RESOLUTIONS 1. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Niagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O. 1990, that the changes, to the proposed Zoning By -Law for application AM- 20/1995 (Metro Development) to permit a 18 -unit townhouse development, are minor in nature and do not require any further notice. PD- 2007 -102 AM- 20/95, Zoning By -law Amendment Application, 2634 St. Paul Avenue Applicant: Metro Development, Agent: Richard Brady, Urban and Environmental Management Inc. Proposed 18- Unit Townhouse Dwelling Development 2. Chief Administrative Officer PD- 2007 -95 Request for Funding Under the Niagara Region's Pilot Public Domain Incentives Program THEREFORE BE IT RESOLVED that the Council of Corporation of the City of Niagara Falls supports an application to Regional Municipality of Niagara for funding under the Public Domain Incentives Program for the Streetscape Improvements for Downtown. 3. Chief Administrative Officer PD- 2007 -104 Request for Removal from Municipal Register of Heritage Properties, 6565 Lundy's Lane MAYOR'S REPORTS, ANNOUNCEMENTS 4 COMMUNICATIONS AND COMMENTS OF THE CITY CLERK Additional Items for Council Consideration: The City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS (Councillor Pietrangelo, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS 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. BBS- 2007 -08 Indexing of City Development Charges CD- 2007 -20 Paper CD- 2007 -21 Bill 130 Policies CPS 2007 -04 Water and Sewer Rate Structure Review F- 2007 -44 Municipal Accounts F- 2007 -45 Treasurer's Tax Write -Off F- 2007 -46 Financing for the Construction of the 4 -Pad Arena Complex HR- 2007 -13 CAO Performance Evaluation Process 2007 -252 5 L- 2007 -54 Options to Purchase The Monastery of Mount Carmel and 1149948 Ontario Limited, Niagara Convention Centre MW- 2007 -132 Neighbourhoods of St. David's Subdivision Agreement. Amendment Relotting of Single Family Lots MW- 2007 -133 Contract 2007 185 -06 Maple Street, Third Avenue, Hamilton Street Storm Separation R- 2007 -37 Matters Arising from The Park in the City Committee Meeting R- 2007 -38 Coronation 50 Plus Membership Fee Increase TS- 2007 -19 Canadian Corps Commissionaires Contract Renewal /2008 TS- 2007 -20 Changes to Paid Parking Times and Minimum Fees TS- 2007 -21 New York State DMV Data Sharing MOU BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2007 -248 A by -law to amend By -law No. 79 -200, to permit the development of a townhouse complex on the east side St. Paul Avenue. AM -20/95 2007 -249 A by -law to amend By -law Nos. 79 -200 and 95 -53, to permit a clinic on the land on the southeast corner of Thorold Stone Road and Montrose Road 2007 -250 A by -law to establish Part Lot 25 Plan M -67 and Block "B" Plan M -67 as a public highway, to be known as and to form part of Don Murie Street. 2007 -251 A by -law to authorize the execution of an Agreement of Purchase and Sale with Robert Rizzo and Amanda Zahra respecting the purchase of lands being, Paris 17 and 18 on Reference Plan 59R- 13273; 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 Christopher Nash and Janice Lorrane Nash respecting the purchase of lands, being Part 11 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2007 -253 2007 -254 2007 -255 2007 -256 2007 -257 2007 -258 2007 -259 6 A by -law to authorize the execution of an Agreement of Purchase and Sale with Jeffery Ryersee and Lori Ryersee respecting the purchase of lands, being Parts 13 and 14 on Reference Plan 59R- 13273; 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 Olga Jegaline respecting the purchase of lands, being Part 2 on Reference Plan 59R- 13273; 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 Winston Willesley Harriott and Elaine Marlene Mellow respecting the purchase of lands, being Part 3 on Reference Plan 59R- 13273; 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 Giovanni Bonaldo and Lidia Bonaldo respecting the purchase of lands, being Part 4 on Reference Plan 59R- 13273; 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 1162772 Ontario Limited respecting the purchase of lands, being Part 20 on Reference Plan 59R- 13273; 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 1162771 Ontario Limited respecting the purchase of lands, being Part 19 on Reference Plan 59R- 13273; 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 Mark Henry Levesque respecting the purchase of lands, being Part 9 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2007 -260 A by -law to prohibit or regulate the placing or dumping of fill, the removal of topsoil and the alteration of the grade of land within the City of Niagara Falls. 2007 -261 A by -law to authorize the execution of Agreements of Purchase and Sale with Allan Kelly and Heather Kelly respecting the purchase of lands, being Parts 15 and 16 on Reference Plan 59R- 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara. 2007 -262 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Meter Zones) 2007 -263 A by -law to establish Part of Township Lot 156, Stamford, as a public highway, to be known as and to form part of Kalar Road. 2007 -264 A by -law to amend By -law 89 -155 and adopt a Schedule of Meetings. 2007 -265 A by -law to provide procedures for a Closed Meeting Investigation. 2007 -266 A by -law to authorize the execution of an agreement with Local Authority Services Ltd., appointing them as the Investigator pursuant to Sections 8, 9, 10 and 239.1 of the Municipal Act, 2001, as amended. 2007 -267 A by -law to authorize the payment of $8,300,524.86 for General Purposes. 2007 -268 2007 -269 7 A by -law to authorize an application to The Regional Municipality of Niagara for the issuance of debentures for the Corporation of the City of Niagara Falls for the purpose of paying for the construction of the four -pad arena complex. A by -law to authorize temporary borrowing to meet expenditures made by The Corporation of the City of Niagara Falls for the purpose of paying for the construction of the four -pad arena complex. 2007 -270 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 10 day of December, 2007. NEW BUSINESS (11/30/ 2007) Teresa Fabbro bio- sam.doc Page 1 j My name is Samantha Antonio, most of my friends call me Sam. I was born May 11, 1996, this makes me 11 years old. I am in Grade 6 at St. Vincent de Paul Catholic School. I live with my mom, dad and younger brother Lucas. I love being with my friends which I have known since kindergarten. I am most happy when I am either singing, dancing or acting in front of a live audience. Some people say I like to be the centre of attention, but I just like making people smile. I really couldn't tell you when I started singing. My mom says I sang since the day I was born and haven't stopped. My dancing career started at two which I still am very involved in. I hip -hop, ballet and my favorite tap. I am the lead singer for a small band made up of 6 boys between the ages of 12 to 14. We are called "Soundcheck We have performed at the Niagara Falls Canada Day Celebration at Optimist Park, at our music recitals, local school dances, and a variety of fundraisers. The one performance that stands out to be my favorite would be the "Adam Vitaterna" Charity dance. I didn't know Adam, but I feel as though I have through his family and friends that loved him. Acting is one of my passions as well. I have acted in many summer players theatre held at the Firehall Theatre. It all began when I was casted as one of Cinderella's mice at 5 years old, I did not have any lines but I will NEVER forget the feeling of being on that stage. That is when I got the acting bug, and can't or want to ever get rid of it. I continued every summer, getting bigger parts each year. That really doesn't matter to me; I think every part is important. I have been lucky enough to perform in front of my school in many Christmas Pageants and Plays. I hope someday, I can take my show on the road, but if this doesn't happen I can see myself being a teacher, because I love little kids. I'm thinking maybe a Kindergarten teacher, seeing they do sing a lot and have to be very animated. Samantha Antonio (11/16/2007) Teresa Fabbro Council meeting December 10th From Kathy Powell To: Dean Iorfida Date: 11/16/2007 9:32 AM Subject: Council meeting December 10th Hi Dean, I have been asked by the Board of Museums to see if they can get on the December 10th Council Agenda as a deputation. They would like to present to Council some information about a new fundraising project Legacy Wall and their plans for an expansion at the Lundy's Lane Historical Museum. It would be a short presentation by Don Jackson, our Fundraising chairperson and Gord West. Is there space on the agenda for us? Thanks Kathy Page 1 (11/26/2007) Teresa Fabbro Council -Dec. 10 Environment Award Presentation to the SCVFA From: Lori Albanese To: Dean Iorfida CC: Carey Campbell; Cathy Crabbe Date: 11/26/2007 8:39 AM Subject: Council Dec. 10 Environment Award Presentation to the SCVFA Hi Dean, The Stamford Centre Volunteer Firemen's Association will be receiving the 2007 Environment Award. Mike Sirianni, President of the SCVFA and Bernie Villamii, SCVFA Past President, will be accepting the award. Lori Lori -Lyn Albanese Community Development Coordinator Parks, Recreation Culture City of Niagara Falls 7150 Montrose Rd., Unit 1 Niagara Falls, ON L2H 3N3 Phone: 905 -356 -7521 ext. 3332 Fax: 905 356 -7404 Page 1 Community Services Department Parks, Recreation Culture Inter Department Memorandum FROM: Lori Albanese Community Development Coordinator Ext. 3332 RE: 2007 Environment Award S:iPark in the City\Awards\2007 Memo re SCVFA info for Mayor November 2007.wpd TO: Carey Campbell DATE: November 26, 2007 Mayor's Executive Assistant The Park in the City Committee have selected the Stamford Centre Volunteer Firemen's Association to receive the City's 2007 Environment Award. The Award is presented annually to individuals, groups or agencies who have made outstanding contributions in protecting and enhancing our natural environment. The following highlights their accomplishments: The Stamford Centre Volunteer Firemen's Association opened Firemen's Park in 1962 for the community to enjoy and community use of the park is free. The SCVFA invested more than $650,000 in the upper section of Firemen's Park In 2005, the Firemen's Park fully accessible playground was opened through a partnership with the City of Niagara Falls Firemen's Park includes a unique fire engine themed playground, picnic tables and landscaping. There is also a spacious amphitheatre. The Park is enjoyed many individuals, families and community groups and also by hikers who pass through the Bruce Trail Each year the SCVFA host an Annual Easter Egg Hunt, attracting hundreds of children and families, and raises money for both Project Share and to help with the park upkeep. The Park is also enjoyed by the Niagara Falls Nature Club and the Royal Astronomical Society The SCVFA have worked with the Ministry of the Environment and the Ontario Trillium Foundation to develop improvements in the park Reforestation of the once verdant escarpment continues with their "Plant A Tree" program, offering everyone the opportunity to have a Memorial Tree planted. The Association also helps within our community by offering bursaries to students from local high schools and the SCVFA are proud sponsors of sports teams. The SCVFA honour special requests by various local organizations and assist in purchasing equipment for those with special needs. The Stamford Centre Volunteer Firemen's Association has an active membership of more than 80 members, ranging from 23 to 91 years. Their community and environmental commitment is to be commended. Congratulations to the Stamford Centre Volunteer Firemen's Association on being selected to receive the 2007 City of Niagara Falls Environment Award. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services December 10, 2007 PD- 2007 -97 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagaraj1alls C A N A D A Re: PD- 2007 -97 AM- 28/2007, Zoning By -law Amendment Application 6473, 6483, 6513, 6515 and 6525 McLeod Road Applicant: Felix Pingue and Sons Construction Permit 3 Additional Dwelling Units in a Building Under Construction on the Lands and Permit a Second 4 Storey, 12 Unit Apartment Building on the Lands That Council approve the Zoning By -law amendment application to permit 3 additional dwelling units in a building under construction on the lands and to permit a second 4 storey, 12 unit apartment building on the lands. Felix Pingue and Sons Construction has requested an amendment to Zoning By -law No. 79 -200 for land holdings totaling 0.83 hectares (2 acres) known as 6473, 6483, 6513, 6515 and 6525 McLeod Road, as shown on Schedule 1. A 4 1/2 storey, 57 unit apartment building is under construction on a portion of these lands, municipally known as 6513 and 6515 McLeod Road. In 2000, Council approved a 4 1/2 storey, 16 metre (52 foot) tall, 54 unit apartment on these properties, resulting in a density of 80 units per hectare (32 units per acre). In 2006, the Committee of Adjustment approved a minor variance application to increase the number of units from 54 to 57 and to increase the building height to 17 metres (56 feet). The applicant is now requesting an amendment to the zoning by -law to permit the following: Increase the number of units in the building under construction from 57 to 60. Expand the development to include a second 4 storey, 12 unit building on the adjacent lands, known as 6473 and 6483 McLeod Road. Refer to Schedule 2 for details of the property. 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 December 10, 2007 2 PD- 2007 -97 The lands known as 6513, 6515 and 6525 McLeod Road are zoned Residential Apartment 5B Density 522 (R5B -522) which was modified by the Committee of Adjustment to permit the 4 1 /2 storey, 57 unit apartment building that is currently under construction. The lands known as 6473 and 6483 McLeod Road are zoned Transition Residential Multiple (TRM). The applicant is requesting all properties to be placed under a new site specific R5B zone to permit the additional units in the building as well as to permit the second apartment building. Surrounding Land Uses The property is surrounded by single detached dwellings with the exception of an apartment building located several properties to the west. Although currently occupied by single detached dwellings, the properties immediately to the west, east and south are also zoned TRM. The TRM zone acts as a holding zone that permits existing development until the lands are approved for multiple residential development. Circulation Comments Regional Municipality of Niagara Regional Planning staff has no concerns from a Provincial or Regional planning perspective. Building Services Municipal Works Regional Public Works will be providing detailed technical comments at the site plan stage. Parks, Recreation and Culture 6 street trees are to be planted in the McLeod Road boulevard. A revised landscape plan is to be submitted as part of an amending site plan submission. Revised drawings are to be provided reflecting the additional units in the building under construction. Any further comments with regard to the Ontario Building Code shall be addressed during the site plan approval process. No objections. December 10, 2007 Planning Analysis 3 PD- 2007 -97 1. The proposed development supports Provincial policy initiatives. Recent changes to the Planning Act require City planning decisions to comply with Provincial policy documents. The Provincial Growth Plan for the Greater Golden Horseshoe stipulates that by the year 2015, the City is to achieve 40% of new residential growth within its existing built boundaries. Intensification of a type and scale appropriate for the neighbourhood is encouraged within the urban area. This proposal assists the City in reaching the above noted intensification goals. 2. The requested amendment conforms with the Official Plan. The properties are designated Residential by the Official Plan. The properties' location at the periphery of a residential neighbourhood with direct access to an arterial road and public transit and proximity to a minor commercial district make it ideally suited for apartment development. The current proposal is denser than the current approval by 7 units per hectare but is still within the density range allowed by the Official Plan. The proposal is acceptable for the following reasons: As the site has direct access onto an arterial road (McLeod Road) local roads will not be impacted. The site is within walking distance of two minor commercial districts, at McLeod Road and Dorchester Road and McLeod Road and Drummond Road, is close to schools and parks, and has immediate access to several transit routes. No external changes are required to the existing building for the provision of the 3 additional units. As such, this part of the development will not increase impacts on surrounding properties. The proposed 4 storey building is within the height limits established in the Official Plan and is compatible with surrounding development. The massing of the building is compatible with surrounding buildings and the peaked roof design reflects the apartment building under construction on the property as well as the surrounding single detached dwellings. The applicant has increased the rear yard setback from 10 metres (32. 8 feet) as permitted under the R5B zone to 15 metres (50 feet) to mitigate impacts on the single detached dwellings to the rear. 3. The requested zoning is appropriate. The applicant has requested a new site specific R5B zone be applied to all 4 properties. This new zone would incorporate all the current site specific zoning standards that apply for the apartment building under construction on the property with the exception of allowing 60 dwelling units. The amending by -law will also incorporate an earlier Committee of Adjustment decision that allowed the building height to be increased from 16 metres (52 feet) to 17 metres (56 feet). December 10, 2007 A.Bryce:mb Attach. For the new building, an increase in height from 10 metres (32.8 feet) to 14.5 metres (47 feet) will need to be incorporated into the by -law. The applicant proposes to reduce the impacts of this height by providing an increased rear yard setback of 15 metres (50 feet) setback rather than the standard 10 metres (32.8 feet). This setback is to be incorporated into the amending by -law. Although occupied by single detached dwellings, the TRM zoned lands on either side of the subject land are intended to be developed with appropriate multiple dwellings over time. The applicant has provided side yard setbacks in compliance with the R5B zone. The applicant is also seeking to reduce the site specific parking standard from 1.5 spaces per dwelling unit to 1.43 spaces per dwelling unit and the landscaped open space coverage from 45% to 39 The proposed parking standard is still above the City's minimum requirement of 1.4 spaces per dwelling unit and is sufficient to meet the needs of the residents, given proximity to transit routes and neighbourhood facilities. Likewise, the requested landscaped open space coverage standard is above the standard R5B zone requirement of 35% of the lot area. This landscaped area will still provide adequate buffering from McLeod Road and abutting properties. CONCLUSION: The requested Zoning By -law amendment to increase the number of units in an apartment building under construction and to permit a second 4 storey, 12 unit apartment building can be supported for the following reasons: It conforms to Provincial policies and with the Official Plan policies that apply to the area. The addition of the units to the building under construction will not affect its size or height and will not impact on surrounding properties. The proposed second building incorporates an increased rear yard setback to mitigate impacts on surrounding properties. Recommended by: Approved by: Respectfully submitted: Alex Herlovitch ikan- 4 PD- 2007 -97 irector of Planning Development Ed Du4lovic, Executive Director of Comm nity Services Joh�'�(IlacDonald, Chief A d ministrati a Officer S: \PDR\2007 \PD- 2007 -97, AM -28 -2007, 6473,6483,6513,6515 McLeod Rd,Permit Additional Dwellings.wpd Subject Land AA Location: 6515 McLeod Road 6513 McLeod Road 6525 McLeod Road 6483 McLeod Road 6473 McLeod Road Applicant: Felix Pingue and Sons Construction K: \GIS_Requests\ 2007 \Schedules \ZoningAM\AM -28 \mapping, ma p SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 1:NTS AM- 28/2007 November 2007 0 BOLLARD BALCONY TYP. PRJCT'N GARDEN (SEE LANDSCAPE) 26' -10" GARDEN (SEE LANDSCAPE) 0 0 BOLLARD I BOLLARD UNDERGROUND RAIN o 65169 STORAGE C>I WI 34_I' mL FUSE PICK -UP CATION UNDER PAVEMENT ELECTRONIC DOOR OPENER READER ASONRY FENCE ARRIER FREE ARKING SIGN CENTER OF ROAD BOLLARD 0 BOLLARD 22' -10 'UTURE ROAD r o f MASONRY WOOD FENCE .o 0E DENING DETM. EXISTING SIDEWALK 988090 145.2 :W 12 UNIT COMPLEX BENC BENC N88'10'30 "E 59.6' MASONRY FENC EXISTING SIDEWALK N8809E 55.6 SITE PLAN SCALE: 1"=20'-0" MASONRY WOODEN FENCE Schedule 2 987'54'30 "E 145.2' 0 NORTH MASONRY W000EN FENCE �'�i �Tir X' December 10, 2007 PD -2007 -100 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag araflalls CANADA Re: PD -2007 -100 AM- 27/2007, Zoning By -law Amendment Application 6493 Orchard Avenue Applicant: Li Guang Zeng Agent: Lu Marcantonio, 2M Architects To Permit the Existing Building to the Converted into a Four (4) Unit Dwelling RECOMMENDATION: 1. That Council approve the Zoning By -law amendment application to permit the existing building to be converted into a four (4) unit dwelling. 2. That prior to the passage of the amending by -law, the applicant be required to: (a) complete a Record of Site Condition to the satisfaction of the City and the Regional Municipality of Niagara; and (b) pay the outstanding liens that the City has placed on the property. 4k)D ne_ riesid2r\ -k be r\ ud .ed 1r. -Ihrz r pk r prof e;� BACKGROUND: Pro r arnd■ar j or pro Li Guang Zeng has requested an amendment to Zoning By -law No. 79 -200 for a 1317 square metre (0.33 acre) property known as 6493 Orchard Avenue, as shown on Schedule 1. The applicant proposes to convert the building on the property into a four (4) unit dwelling, as shown on Schedule 2. This building was originally used for commercial purposes before it was converted into the Niagara Falls Firefighter's Recreational Club. This use ceased a couple of years ago, when the property was bought by the current owner. The building was then illegally occupied as a lodging house, which was the subject of an unsuccessful Minor Variance Application A- 12/2007. Fire and Building and By -law Enforcement sections took actions: to cease the illegal use. The property has lost the legal non conforming status. Working Together to Serve Our Community Community Services Department Planning Development ci,rd•_ "f irlc 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 www.niacarafalls.ca December 10, 2007 The land is zoned Residential Single Family 1 E Density (R1 E). The applicant is requesting the zoning of the property to be changed to a site specific Residential Mixed (R3) Zone to permit conversion of the existing building on the property to a four (4) unit dwelling. Site Conditions and Surrounding Land Uses A 2 storey building is located on the site. Most of the rest of the site consists of parking areas that encroach onto the Orchard Avenue and Dixon Street road frontages. The property is entirely surrounded by single detached dwellings. Circulation Comments Regional Municipality of Niagara 2 PD- 2007 -100 The proposed development conforms to the Provincial Policy Statement, Provincial Growth Plan and the Regional Policy Plan. In particular these documents promote the adaptive reuse of existing buildings. In accordance with Provincial regulations, a Record of Site Condition (RSC) is mandatory for the conversion of a building from a community use to a residential use and is to be filed. Parks, Recreation Culture Landscape details to be reviewed at the site plan stage. Building Bylaw Services The applicant will be required to submit detailed architectural plans at the building permit stage that address spatial separation and exposure protection with respect to existing setbacks from property lines. Development charges are applicable to the change in use. Legal Services Liens in the total amount of $1002.20 (plus applicable interest or penalty charges) have been placed on the title of the land by the City. These should be paid prior to the passage of the amending by -law. Municipal Works No comments or objections. Planning Analysis 1. The requested amendment complies with the Official Plan. The property is designated Residential. Residential lands are intended for various types of residential dwellings. Properties that are located on collector roads are allowed to be developed for low rise apartments and other forms of multiple housing up to a density of 50 units per hectare (20 units per acre). December 10, 2007 3 PD- 2007 -100 The requested amendment complies with the Official Plan as follows: The development is located on a collector road (Dixon Street) and at 30 units per hectare (12 units per acre) is well within the density contemplated by the Official Plan for such a development. The proposed residential use is more compatible with surrounding residences than the former private club use of the property, which generated significant traffic. 2. The requested zoning is appropriate. The applicant has requested a site specific R3 zone that is tailored to recognize the location of the existing building. In addition to these requested provisions, staff recommend the by -law require the landscaping shown on the site plan attached as Schedule 2. This will entail removing the paved parking area along the entire Orchard Avenue frontage and a portion of the paved area along Dixon Street and restricting access to one driveway. The proposed landscaping is essential to ensure the site is compatible with adjacent dwellings and amenity area is provided for the property's residents. The applicant will need to complete and file with the Ontario Ministry of the Environment, a Record of Site Condition to ensure the building is suitable for residential purposes. It is recommended that this work be completed prior to passage of the amending by -law. Alternatively, a hold zone can be implemented on the property, to be lifted once the Record of Site Condition is completed. 3. A site plan agreement is required. The site plan agreement will implement the recommended landscaped area, as well as secure improvements to the parking area and the provision of garbage facilities. CONCLUSION: 1. The conversion of the building on the property is appropriate as it complies with the Official Plan with respect to multiple residential developments and is compatible with surrounding properties, provided the proposed landscaping is implemented. 2. It is recommended that the required Record of Site Condition be completed and filed and the outstanding liens on the title of the property be cleared prior to passage of the amending by -law. Recommended by: Approved by: Respectfully submitted: A.Bryce:yb Attach. U/ Alex Herlovitch, D ector of Planning Development Ed p jlovic, E e utive Director of Community Services S: \PDR\2007 \PD- 2007 -100, AM -27 -2007, Li Guang Zeng, 6493 Orchard:Ave,wpd MacDonald, Chief Administrative Officer Subject Land Location: 6493 Orchard Avenue Applicant: Li Guang Zeng K: \GIS_ Requests\ 2007\ Schedules \ZoningAM\AM- 27\mapping. map SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 1 :NTS AM- 27/2007 November 2007 t ORCHARD Ugs ii Schedule 2 u.Aasaards K •A O 9717/ds z .WAZ z 0 Q 1{11/13/2007) Yvonne Blais Fwd: Amendment application 6493 Orchard Ave From: Andrew Bryce To: Herlovitch, Alex; Mech, Ken CC: Yvonne Blais Date: 11/13/2007 3 :00 PM Subject: Fwd: Amendment application 6493 Orchard Ave FYI...Yvonne, can you please include this in the package to go to Clerk's for the December 10 meeting (Application No. AM- 27/2007) AB Richard Murri <richmurriCnhormai co m> 11/13/2007 12 :32 PM Mayor Council: I reside at 6411 Orchard Ave. and have no objection to the proposal to convert the existing Niagara Falls Firefighters Recreational Club into a 4 unit residential dwelling. The project is an improvement over the past uses of this building which has been the source of many complaints in the past. If building standards are strictly adhered to, problems with neighbors should be negligable, therefore I am in favor of the proposal.' would appreciate updated info on the project as it proceeds. Thank You, Richard Murri 6411 Orchard Ave. Niagara Falls,Ont. (905) 356-3357 Have fun while connecting on Messenger! Click here to learn more. htt entertainment. m atic .msn.ca indowsLiveMessen er Page 1 Niagara Region PLANNING AND DEVELOPMENT November 7, 2007 Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2nd Floor Niagara Falls, ON L2E 6X5 Dear Mr. BryCe: Re: Zoning By -law Amendment Application 6493 Orchard Avenue AM- 27/2007 Ci of Niagara Falls This application proposes to amend the City's Zoning By -law to permit the conversion of the former Niagara Falls Firefighters Recreational Club to a 4 -unit residential building. The following Provincial and Regional planning comments are provided for your consideration. The site is located in the Region's Urban Area Boundary for Niagara Falls according to the Regional Policy Plan. A wide range of land uses is permitted in Urban Areas. The proposed development conforms to the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan from a general land use perspective. In particular Provincial and Regional policies promote the adaptive reuse of existing buildings to achieve more sustainable communities. Although the floor area of some of the proposed dwelling units seems excessive (Le. over 2 ,000sq.ft.), it is our understanding that there is insufficient space to provide on -site parking for additional units. The proposed conversion still provides a more affordable form of housing and improves the housing mix in the neighbourhood. It should also be pointed out that under Ontario Regulation 153/04, a Record of Site Condition (RSC) is mandatory for the conversion of an existing "community use" to a residential use. The RSC must be prepared by a qualified person under the Regulation and filed in the Ministry of the Environment's "Environmental Site Registry" prior to the issuance of a building permit. The Regional Planning and Development Department is not opposed to this application from a Provincial or Regional planning perspective provided that requirements for Thing a Record of Site Condition with the Ministry of the Environment are met prior to the issuance of a building permit. Yours truly, Peter Colosimo, MCIP, RPP Senior Planner RECEIVED NOV 1 4 2007 PLANNING DEVELOPMENT C: A. Herlovitch, City of Niagara Falls M:\MSWORD \PC \Nia• ara Falls \NFzbla \Orchard Ave Chen.doc Building Community. Building Lives. The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905 984 -3630 Fax: 9 05- 641 -5208 E -mail: plan @regional.niagara.on.ca Fife: D.10.M.11.23 December 10, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niagaraaalls C A N A D A Working Together to Serve Our Community PD- 2007 -101 Re: PD- 2007 -101 AM- 30/2007, Zoning By -law Amendment Application 4030 Montrose Road Applicant: 1655557 Ontario Inc. (Laith Aboona) and 1405346 Ontario Inc. (Harold Smith) Agent: Richard Rosenboom and Simon Prentice, JJ Barnike Real Estate Proposed Clinic 1. That Council approve the Zoning By -law amendment application to permit a clinic as a use on the property. 2. That Council pass the amending by -law, on tonight's agenda. BACKGROUND: 1655557 Ontario Inc. and 1405346 Ontario Inc. have requested an amendment to Zoning By -law No. 79 -200 for land holdings totaling 1.9 hectares (4.8 acres) municipally known as 4030 Montrose Road. The applicants are requesting to add a clinic within an existing building on the land. Schedule 1 shows details of the existing development. No expansion of the existing buildings or changes to the site are proposed. The land is currently zoned Light Industrial (LI -365). In 1995, Council passed a site specific zoning by -law that permits a range of non industrial uses, including offices, banks, restaurants, health centre and clubs, in addition to the Tight industrial uses permitted on the site. In 1998, Council amended the by -law to permit a dental office on the property. The zoning of the land is now requested to be amended to add a clinic to the list of permitted uses. 10 Queen Street, PO. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Community Services Department Planning Development December 10, 2007 Surrounding Land Uses The lands to the north and west are located in a major commercial area used for a variety of commercial uses, including plazas and gas stations. A car dealership and the Casino Associate Centre are located to the south. The Queen Elizabeth Way is located to the east. Circulation Comments 2 PD- 2007 -101 Regional Municipality of Niagara The proposal conforms with Provincial and Regional policies. City Clerk The operators should ensure barrier free access for people with disabilities. The City's Disability Advisory Committee is available to review this proposal. Municipal Works No objections. Legal Services The applicants are confirmed as the legal owners of the properties. Parks, Recreation and Culture No objections. Planning Analysis 1. The requested amendment complies with the Official Plan. The lands are designated Industrial in the City's Official Plan. Industrial lands are intended for industrial uses and are not intended to serve a significant commercial function. However, the Official Plan permits Council to consider applications for free standing offices and other complementary uses in order to respond to changing market conditions and new development trends, subject to restrictions on the size, location and design to protect the integrity of industrial areas. The requested amendment complies with these criteria as follows: This small scale use will not replace any industrial uses, nor will it affect the integrity of the Kent Industrial District. The land is already used for a range of small scale commercial and non industrial uses that have been permitted under this policy. This site is located at the fringe of the industrial area and these non industrial uses provide a transition from commercial uses to the north to the industrial uses to the south. This proposal does not affect the size and design of the existing development and therefore has no other impacts on nearby industrial uses. December 10, 2007 3 PD- 2007 -101 2. The requested amendment is appropriate. The requested amendment will add a clinic as a permitted use on the property. There are no other changes to the uses permitted or the development standards applicable to the property. The proposed use will be complementary to the other permitted non industrial uses, will not conflict with permitted Tight industrial uses, and is similar to a dental office already permitted on the site. CONCLUSION: 1. Permitting a clinic on the property is appropriate as it complies with the Official Plan with respect to locating non industrial uses in industrial areas and it is compatible with surrounding properties. 2. It is recommended that Council pass the amending by -law, on tonight's agenda, to implement the zoning change. Recommended by: Approved by: Respectfully submitted: A.Bryce:yb Attach. S \PDR\2007 \PD- 2007 -101, AM -30 -2007, 4030 Montrose Rd.wpd Alex Herlovitch, Director of Planning Development Ed Dujlovic, Executive Director of Community Services MacDonald, Chief Admi istrative Officer Subject Land 111111111•• low SWAN ST iII g morn Noun ZY ST 0 O m v 111 111111 THOROLD STONE RD u reArAlvArarAmandmandrAram Location: 4030 Montrose Road Applicant: 1655557 Ontario Inc. 1405346 Ontario Inc. K: \GIS_ Requests\ 2007\ Schedules \ZoningAM \AM- 30\mapping.map SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 1:NTS AM- 30/2007 November 2007 N a Schedule 2 The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS Zoning By -law Amendment AM -20/95 dealing with a 22 -unit townhouse dwelling was approved by Council on August 14, 1995; and WHEREAS the August 14,1995 meeting complied with the requirements of the Planning Act to hold one statutory public meeting and associated notice provisions; and WHEREAS the amending by -law to implement the zone change and allow the project was never passed; and WHEREAS the developer held a neighbourhood meeting on October 10, 2007 to seek input on proposed changes to the project; and WHEREAS all landowners within 120 metres (400 feet) were invited to the neighbourhood meeting; and WHEREAS the developer has subsequently requested changes reflecting the refinement of the development, including a reduction in units, that do not substantively change the past Council approval of the proposal, as outlined in staff report PD- 2007 -102. THEREFORE BE IT RESOLVED that the Council of the Corporation of the City ofNiagara Falls hereby determines, in accordance with Section 34(17) of the Planning Act, R.S.O. 1990, that the changes to the proposed Zoning By -Law for application AM- 20/1995 (Metro Development), to permit a 18 -unit townhouse development, are minor in nature and do not require any further notice. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR December 10, 2007 PD- 2007 -102 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2007 -102 AM- 20/95, Zoning By -law Amendment Application 2634 St. Paul Avenue Applicant: Metro Development (Fred Costabile) Agent: Richard Brady, Urban and Environmental Management Inc. Proposed 18 -unit Townhouse Dwelling Development RECOMMENDATION: Niagaraaalls C A N A D A 1. That Council determine by resolution that the changes outlined in this report are minor and do not require further public notice to be given. 2. That Council pass the amending by -law on tonight's agenda to permit an 18 unit townhouse dwelling development on the land known as 2634 St. Paul Avenue. BACKGROUND: Fruitbelt Development is requesting Council to pass on amending by -law to permit an 18 unit townhouse project on the land known as 2634 St. Paul Avenue, shown on Schedule 1. The land is 0.67 hectares (1.6 acres) in size. Refer to Schedule 2 for details of the project. The subject land is currently zoned Residential Apartment 5C Density (R5C -389) which permits a 6 storey apartment building. In 1995, Council held a public meeting and approved a zone change to permit the development of a 22 unit townhouse project, as shown on Schedule 3. The amending by -law to implement the zone change and allow the project was never passed. The zoning of land is still requested to be changed to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) zone, however, a number of changes are proposed to several of the regulation provisions. The following is a summary of changes to the proposed by -law that have been requested: A reduction in the number of units from 22 townhouses to 18 townhouses; 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca orking Together to Serve Our Community Community Services Department Planning Development December 10, 2007 2 PD- 2007 -102 A decrease in the front yard (St. Paul Avenue) setback to 3 metres (10 feet), an increase in the rear (easterly) setback to 7.5 metres (24.6 feet), and a reduction in side yard setbacks from 6 metres (19.7 feet) to 1.8 metres (6 feet) only to accommodate the flanking yards of two of the townhouse units. These setbacks are typical of residential dwellings in the neighbourhood. A minor increase in lot coverage to 45% to allow slightly larger dwelling units; A decrease in landscaped open space coverage from 40% of the lot area to 35 The reduced landscaped open space coverage is still well in excess of the R4 zone standard, which would be about 12% of the lot area; An increase in the maximum permitted building height from 8 metres (26 feet) to 10 metres (32.8 feet) to accommodate lofts. This increased height is reflective of the maximum heights of buildings permitted on adjacent lands; and A reduction in the setbacks between buildings on the lot from 15 metres (49.2 feet) to 13.8 metres (45.2 feet). These setbacks are now regulated by the Ontario Building Code. On October 10, 2007, the applicant's agent held a neighbourhood meeting to seek input on the proposed changes to the project. All landowners within 120 metres (400 feet) were invited to the meeting. Those in attendance at the meeting were supportive of the revisions. Copies of those e-mails are included in tonight's agenda. Where changes are made to a proposed by -law after the required public meeting, the Planning Act permits Council to determine whether a further public meeting is required before passing the amending by -law. Although a number of proposed standards are being altered, Staff are of the opinion that the collective change to the proposal is minor and that further public notice is not required. The proposal is still compatible with surrounding uses. As a courtesy staff have informed area residents about tonight's meeting. CONCLUSION: As these requested changes are minor in nature and do not substantively change Council's approval of the proposal, it is recommended that Council pass the resolution appearing on Council's agenda to determine that these changes do not require further public notice prior to passing the amending by -law. Recommended by: Approved by: Respectfully submitted: A. Bryce: mb Attach. S: \PDR\2007 \PD- 2007 -102, AM- 20 -95, Fruitbelt Development, 2634 St. Paul Ave.wpd Alex Herlovitch, [Director of Planning Development Ed lijlovic, Executive Director of Community Services John J cDonald, Chief Administrative Officer Subject Land Location: 2634 St. Paul Avenue Applicant: Metro Development K: \GIS_Requests\ 1995\ Schedules \ZoningAM\AM- 20\mapping.map SCHEDULE 1 LOCATION MAP Subject Land Amending Zoning By -law No. 79 -200 N S 1:NTS AM- 20/1995 November 2007 TREE DRIVEWAY SHRUB 1.35m 3.88m UNIT #4 UNIT#5 (LOFT) (BUNG) E 8m TYP 8m 6m n UNIT #3 3.15m a (LOFT) 1.35m y't 1.8m t /5.49mf- O ISLAND f 5.49m GARBAGE ENCLOSURE 3m 3.86m 3.46m Schedule 2 m E UNIT#6 E (BUNG) rn E co UNIT#? (BUNG) UNIT #8 (BUNG) UNIT #12 (BUNG) UNIT #10 (BUNG) UNIT #11 (BUNG) UNIT #13 (BUNG) J— 8.71m f 7.55 E UNIT #9 8.22m m (BUNG) a. 16.4m TYP h Itg E n of Schedule 3 Niagara,1alls CA�NA1)A 2634 St. Paul Avenue (Roll 2725-040-001-17900) Revised Zoning By -law Amendment Application City File: AM- 20/1995 Fruitbelt Development PROPOSED CHANGE A revised application to permit an 18 unit townhouse dwelling complex on the land, as shown on Schedule 1. COUNCIL MEETING Date: December 10, 2007 Time: 7:00 PM Place: City of Niagara Falls Council Chambers, City Hall 4310 Queen Street EXPLANATORY NOTE In 1995 Council approved, in principle, a 22 unit townhouse dwelling complex on the property. The amending by -law to implement the zone change and allow the development has never been presented to Council. The applicant recently changed this proposal to an 18 unit townhouse dwelling complex and is requesting Council to pass the amending by- law. Where changes are made to a proposal after the required public meeting, the PlanningAct permits Council to determine whether a further public meeting is required. Staff have reviewed the revised proposal and will be recommending that no further public meeting is required. Dated at the City of Niagara Falls this 23rd day of November, 2007. AB:yb Attach. S:\ ZONING \AMS \1995\AM- 20\Notice. wpd NOTICE OF REVISED APPLICATION GIOVINA DR Subject Lend apt 1 11 11 Nis SHANE CRES Alex Herlovitch Director of Planning Development s INTS AM-2W1995 The land is currently zoned Residential Apartment 5C Density (R5C -389) which permit a 6 storey apartment building. The applicant has requested the zoning of the property to be changed to a site specific Residential Low Density, Grouped Multiple Dwellings (R4) Zone. This notice is not a statutory notice, but has been provided as a courtesy for your information. The Council Meeting is not a public meeting; if you wish to address Council on this matter you will need to request to appear as a delegation no later than November 30, 2007. Requests should be sent to the City Clerk, City Hall, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5. For more information please contact Andrew Bryce, Planner 2, at (905)356 -7521, extension 4232 or visit the Planning and Development Division, second floor, City Hall, between the hours of 8:30 a.m. and 4:30 p.m. A copy of the Planning and Development Division's Recommendation Report on the application will be available after 4:00 p.m. on December 5, 2007. (11/30/2007) Teresa Fabbro Fwd: 2634 St. Paul Avenue (Roll *2725- 040- 001- 17900) From: To: Date: Subject: Attachments: Guy Rizzo Guy Rizzo Senior Employee Benefits Consultant TRG Insurance Brokers Inc. 5681 Thorold Stone Rd. Niagara Falls, ON L2J 1A1 Tel: (905) 374 -7000 Fax: (905) 374 -2529 Dean Iorfida Teresa Fabbro 11/30/2007 9:28 AM Fwd: 2634 St. Paul Avenue (Roll text.rtf "Guy Rizzo" <Guv.Rizzo(atrgins.com> 11/29/2007 11:39 AM Dear Mr. Iorfida: Please accept this email as a request to appear before City Council in the above noted matter. We have received notification of a revised application and since staff is recommending no public meeting take place, I am requesting the opportunity to address council on the matter. As per the letter dated November 23rd, 2007, I have up to November 30th, 2007 to ask for this request. Sincerely, Page 1 December 10, 2007 PD- 2007 -95 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag araj CANADA Re: PD- 2007 -95 Request for Funding Under the Niagara Region's Pilot Public Domain Incentives Program That Council support, by resolution, an application to the Regional Municipality of Niagara for funding assistance of $100,000 under their Pilot Public Domain Incentives Program to carry out streetscape improvements for Downtown in 2008. The Regional Municipality of Niagara has provided all area municipalities with an opportunity to apply for funds as part of a Pilot Public Domain Incentives Program. This program is being tested as a pilot and is part of the Region's Smarter Niagara Incentives Programs. They have adopted a two -phase program with the regular incentive programs occurring during the first part of the year and a second phase for special projects (such as through this program) for the latter part of the year. The Region has capped the funding at an upset limit of $300,000 for the pilot program with area municipalities being able to apply for a maximum amount of $100,000. The Regional Program contains certain eligibility guidelines including the following: the project must be a public realm improvement included within a community improvement plan; priority will be given for streetscape improvement projects; consideration will be given for facade improvements of institutional /not- for profit buildings; the project design must be in compliance with urban design guidelines; and preference will be given to projects which include heritage and /or public art components and for partnership projects. 10 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 December 10, 2007 2 PD- 2007 -95 The City is well positioned to apply for funds under this program as all of the eligibility guidelines can be satisfied. In regard to the submission requirements, the City must provide a resolution of support from Council and supporting documentation by December 30, 2007. The streetscape work will include new heritage street lighting and signage, sidewalk improvements and plantings, benches, litter receptacles and banners. All necessary approvals must be obtained for the work to proceed and upon completion of the project, there must be a plaque recognizing the partners and their respective contributions. CONCLUSION: With a successful application to the Region, the City could realize $100,000 toward streetscape and public realm improvements in the Downtown in 2008. The consideration by Council of a resolution to apply for funding is appreciated. Recommended by: Approved by: Respectfully submitted: B.Bolibruck Alex Herlovitch, Director of Planning Development S: \PDR\2007 \PD- 2007 -95, Funding Application to Niagara Region.wpd Ed Dujlovic, Executive Director of Community Services et- John cDonald, Chief Administrative officer No. Moved by Councillor Seconded by Councillor CITY OF ANADA N �ACARA FA The City of Niagara Falls, Ontario Resolution WHEREAS the Regional Municipality of Niagara (the Region) approved the Public Domain Incentives Program; and WHEREAS the pilot is a part of the Region's Smarter Niagara Incentives program; and WHEREAS municipalities that have a Community Improvement Plan (CIP) in place and are participating in the Smarter Niagara Incentives program can apply for funding to a maximum amount of $100,000; and WHEREAS the eligibility guidelines for the Public Domain Incentives Program indicate that to be available for funding a project must be a public realm improvement included within a CIP; and WHEREAS priority will be given to streetscape improvement projects; and WHEREAS Niagara Falls City Council adopted the Downtown CIP on December 6, 2004; and WHEREAS integral to the Downtown CIP are Urban Design Guidelines and Streetscape Improvements; and WHEREAS the Streetscape Design Study is near completion; and WHEREAS the City of Niagara Falls intends to commence the first phase of its Streetscape Plan in 2008. THEREFORE BE IT RESOLVED that the Council of Corporation of the City of Niagara Falls supports an application to Regional Municipality ofNiagara for funding under the Public Domain Incentives Program for the Streetscape Improvements for Downtown. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA R. T. (TED) SALCI CITY CLERK MAYOR December 10, 2007 PD- 2007 -104 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag araFalls CANADA Re: PD- 2007 -104 Request for Removal from Municipal Register of Heritage Properties 6565 Lundy's Lane RECOMMENDATION: That Council approve the motion of the Municipal Heritage Committee to remove the building at 6565 Lundy's Lane from the Municipal Register of Heritage Properties. BACKGROUND: Application for a demolition permit has been made for 6565 Lundy's Lane, formerly known as the Bon Villa Hotel. This request for demolition is part of a future retail development planned for this site. Council approved a Zoning Bylaw Amendment for the development on September 10, 2007. The building is "listed" in the Municipal Register of Heritage Properties. The property was originally recorded during a project in 1968 where buildings throughout the City were inventoried for their potential heritage significance. City records indicate that the building was originally built circa 1865. Prior to its use as a beverage room, the building was the Pew family home. The Pews were well known members of the community and Drummond Hill Presbyterian Church. The Ontario Heritage Act was amended in 2006 such that the owner of a listed property must give the City 60 days notice of a request to demolish a listed property. Council then has 60 days to consult with the Municipal Heritage Committee to determine whether to proceed with designation or remove reference to the property from the Municipal Register. The Municipal Heritage Committee conducted a site visit to determine the current heritage value of the site. It was found by the Municipal Heritage Committee that very little of the original 1860's detail remained intact. The floor plan of the original house has been significantly altered through the removal of walls and the original fenestration and arrangement of openings has been destroyed through many 20 century alterations. The Committee concluded that there are other buildings dating from this mid to late 19 century period existing in the community which would provide better information regarding 19 Working Together to Serve Our Community reet, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Community Services Department Planning Development December 10, 2007 century architecture and therefore the building could be removed from the Register. Accordingly, the following motion was made by the Municipal Heritage Committee: "That the Municipal Heritage Committee would not oppose removal of the building at 6565 Lundys Lane from the Municipal Register due to the significant alteration that has occurred." Council's acceptance of this motion will allow the Chief Building Official to issue the demolition permit. Recommended by: Alex Herlovitch, Dir- tor of Planning Development Approved by: Respectfully submitted: P.Boyle:yb /V.-by tive Director of Community Services Ed Dujlovic, 2 PD- 2007 -104 John cDonald, Chief' Ad Inistrativ= Officer S: \PDR\2007 \PD- 2007 -104, Requested for Removal from Municipal Register of Heritage Properties 6565 Lundy's Lane.wpd December 10, 2007 BBS- 2007 -08 Niagara His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: BBS- 2007 -08 Indexing of City Development Charges RECOMMENDATION: That this report be received for information and to update Council. BACKGROUND: On July 12, 1999, Council enacted By -law 99 -144 which established a new schedule of development charges, commencing on August 2, 1999. Section 18 (a) of the above By -law stipulates that charges shall be indexed annually on August 1 thereafter without further amendment to the By -law in accordance with the Stats Can Quarterly Construction Price Statistics Catalogue and this has been applied each year since 1999. The above Index was increased by 6.9% from August 2007 to August 2008 and City Development Charges have been adjusted accordingly. The Building Division is responsible for the collection of Development Charges at the Building Permit Application stage. Staff has been collecting the newly indexed fees in accordance with the attached schedule, since Au. st 2007. /41d. Recommended by: m Az Approved by: Respectfully submitted: 310 Queen Street, P.O. Box 1023, Niagara falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca John Castrilli, Working Together to Serve Our Community of Building By -law Services Ed Duolvic, Exe ive Director of Community Services da acDonald, Chief Administrativ Officer Community Services Depart Building By -law Services CITY DEVELOPMENT CHARGES 2007 -2008 City Development Charges are in accordance with the By -Law 2004 -138. Accordingly the charges will be increased by this amount, effective August 2, 2007 and will be as follows: Residential Single detached dwelling and semi detached dwelling: Within the urban area Within the non -urban area Townhouse dwelling Bachelor or one bedroom apartment dwelling Two or more bedroom apartment dwelling Commercial Urban Area Tourist Core: Urban Area Excluding Tourist Core: Non -Urban Area: Industrial Niagar aFalls C A N A D A Industrial Development Charges were abolished in November 2001. NOTES: For complete details, refer to By -law 2004 -138. For map of the Urban Non -Urban areas, refer to Schedule `B" of the By -law. For map of the Core Tourist Area, refer to Schedule "C" of the By -law. For list of Commercial uses, refer to Schedule "D" of the By -law V:\2007COUNCIL \071210\2007 -2008 City Development Charges.wpd Working Together to Serve Our Community $8,274.00 per unit $4,514.00 per unit $5,320.00 per unit $3,315.00 per unit $4,343.00 per unit $30.81 per square metre of gross floor area ($2.86 per sq. ft.) $28.08 per square metre of gross floor area ($2.61 per sq. ft) $24.84 per square metre of gross floor area ($2.31 per sq. ft.) Queen Street, P0. Box 102 Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca ommunity Services Department Building Bylaw Services Ext 4257Fax 905 356 -1963 jcastrilli @niagarafalls.ca December 10, 2007 CD- 2007 -20 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag araJlalls CANADA Re: CD- 2007 -20 Paper RECOMMENDATION: That Council members be provided with a supply of paper (blank and letterhead); and That the attached Councillor use of letterhead policy be adopted. BACKGROUND: At a Standing Committee of Council meeting earlier in the year, the following recommendation was brought forward for Council approval: That staff check with the Region's policy and report with regard to the provision of various supplies for Council members. Council expressed a desire to possibly have a supply of paper provided to print off the various information a -mails received. Staff has checked with the Clerk's office of the Region. There is no written policy in place but their office has supplied certain councillors with paper and printing cartridges, if requested. The availability of such supplies has never been formally articulated to councillors; therefore, some councillors have asked for, and received, paper and computer related supplies while others have not requested, nor received such supplies. To date, there has been no evidence of abuse of such requests at the Region. Nonetheless, City staff is of the opinion that uniform policies should be established to ensure equality of provisions. Staff did a thorough review of practices in other municipalities and the question of whether such supplies are considered to be a part of the one -third tax free allowance already provided to Councillors (cf. Attached report to the Human Resources Committee, HR- 2007-07, Councillor Expenses One Third Tax Free Allowance). Councillors have also requested provision of "letterhead" paper, stationary that will allow them to be identifiedas councillors. T een Street, RO. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Clerks December 10, 2007 2 CD- 2007 -20 The City's current practice is that the Mayor and Chief Administrative Officer are allowed to use the City Crest letterhead. The Corporation recently updated its letterhead for all other reports and correspondence emanating from City Hall. It would seem unnecessary to provide a third set of paper for the sole purpose of Councillors, especially since the box in the bottom right corner of the current letterhead allows for personalization by councillors (see attached). It will be Councillor's responsibility to provide staff with the information they wish placed in the contact box. Staff will then have a stamp designed that can be placed in the box. It is presumed that Councillors would use the letterhead paper for thank you letters, letters of reference etc. Although Councillors are always free to express themselves in writing, they are cautioned not to use the letterhead in an inappropriate fashion. An example last term in Fort Erie is attached as a cautionary tale. A simple policy has been drafted for Council's consideration. Recommended by: Approved by: Respectfully submitted: Dean lorfida K. E. B rden, Acting Director of Corporate Services ity Clerk acDonald, Chief Administrative Officer CORPORATE SERVICES CLERK'S OFFICE DATE AFFECTED December 10, 2007 POLICY Councillor Use of letterhead CD- 2007 -20 Section 200.45 1. Councillors will be provided with a block (250 sheets) of letterhead paper a term. 2. The Councillor's Letterhead will be commonly used for thank you letters, letters of reference and other general correspondence. 3. The content contained within Councillor's Letterhead shall not purport to express the opinion of the entire Council. 4. The content contained within Councillor's letterhead should not be used for financial gain or personal advantage. 5. The Councillor's letterhead shall not be used for election purposes (i.e., to solicit financial support or votes). September 24, 2007 HR- 2007 -07 Mayor Ted Salci, Chair NiagaraaJJs a and Members of Human Resources Committee CANADA City of Niagara Falls, Ontario Re: HR- 2007 -07 Councillor Expenses/ One Third Tax Free Allowance RECOMMENDATION: For the discussion and input of the Committee on the remuneration and expenses paid to elected officials. BACKGROUND INFORMATION: At a Standing Committee of Council meeting earlier in the year, the following recommendation was brought forward for Council approval: That staff check with the Region's policy and report with regard to the provision of various supplies for Council members. Council expressed a desire to possibly have a supply of paper provided to print off the various information e-mails received. Staff has checked with the Clerk's office of the Region. There is no written policy in place but their office has supplied certain councillors with paper and printing cartridges, if requested. The availability of such supplies has never been formally articulated to councillors; therefore, some councillors have asked for, and received, paper and computer related supplies while others have not requested, nor received such supplies. To date, there has been no evidence of abuse of such requests at the Region. Nonetheless, City staff is of the opinion that uniform policies should be established to ensure equality of provisions. OFFICE SUPPLIES AND OTHER EXPENSES: Although the City of Niagara Falls does not currently provide office supplies to Councillors, elected officials receive blackberries or laptops, free Internet and business cards. Other allowable expenses include the $500 allowance per year for attending functions, an $85 per diem travel expense for the A.M.O. conference attendance and $0.50 per kilometer for automobile mileage for required travel out of town (i.e., conferences and conventions). A number of other municipalities were canvassed (municipalities in the Region and municipalities used for comparison purposes in the Mercer Report) regarding whether office expenses were paid for, what other allowable expenses were available to members and annual remuneration. 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 Human Resources September 24, 2007 HR- 2007 -07 Not too surprisingly, each municipality approaches councillor expenses differently. Many of the municipalities canvassed provide some form of electronic hardware to their members (blackberry and /or a computer). St. Catharines does provide a printer, as well. Most municipalities pay for Internet connection. Welland was one of the few municipalities that does not provide electronic hardware to their councillors. Some municipalities provide "office supplies" or stationary to their members but such provision was not "across the board" of municipalities. In some municipalities, the allowable expenses for councillors are broken down into quite a bit of detail. Often in these municipalities, a member of Senior Administration is tasked with reviewing and approving receipts. Other municipalities are less detailed in their approach but often do not cover the same range of expenses. In Fort Erie, no office supplies are provided since it is considered to be accommodated by the 1/3 non taxable allowance permitted under the Municipal Act. Relatedly, when the discussion occurred before Council there was a comment on whether such sundry supplies are presumed to be covered by the one third tax free allowance currently received by councillors. Staffs research of other municipalities shows that those municipalities that have greater detail in their allowable expenses (i.e., break down for travel, stationary, gifts etc.) do not provide the one -third tax free allowance. It is valuable to reacquaint Council regarding the one -third tax free provision. ONE -THIRD TAX FREE ALLOWANCE: In accordance with the Municipal Act, City Council passed a resolution on May 13, 2002 which confirmed its intentions to continue to deem 1/3 of the total Remuneration paid to elected officials as expenses incidental to the discharge of their duties. As a result, under the authority of the Federal Income Tax Act, one -third of the income paid to the Mayor and Councillors is considered as non taxable. Since this resolution was not repealed before January 1, 2003, the Municipal Act deems this resolution to be a municipal by -law. Council does have the option of revoking this by -law and receive reimbursement for the actual expenses incurred by elected officials. Alternatively, in lieu of the actual expenses being reimbursed, the Act also allows for a reasonable estimate of the actual expenses that would be incurred in the opinion of Council. Either of these alternative options would result in fully taxable remuneration for elected officials and require that the current by -law be repealed effective January 1' of the year after the year in which it is passed. The Municipality would not have the option of reverting to the "1/3" tax -free exemption in the future, once revoked. Of course, revoking the one -third tax free allowance would necessitate a "topping up" of Mayor and Council's salary to offset the tax -free allowance and for increased employer contributions to CPP and OMERS. Fully taxable remuneration would increase the Mayor's gross salary from $80,834 to $106,600 (a difference of almost $26,000). Council would have their gross salary increased from $19,719 to $23,400 (a difference of approximately $3,700). The increases noted above in the gross salaries would be required to maintain the current "after -tax" or net income. Therefore, the total annual cost to the corporation to fully tax the September 24, 2007 current remuneration of the elected officials would be $55,214 for 2007. PROS /CONS OF ALLOWANCE Maintaining the 1/3 taxable allowance provides the following advantages: tax savings to the individual lower costs to the Corporation less policy or an administrative burden to monitor /approve expenses reasonable discretion allowed to Council /Mayor Removing the 1/3 taxable allowance provides the following advantages: SUMMARY: Recommended by: Recommended by: Approved by: Respectfully submitted: increased transparency regarding expenses /costs increased individual contributions to OMERS expense reimbursements for actual incurred costs provides administrative checks /balances on spending HR- 2007 -07 Staff appreciates that a simple request for paper seems to have lead to a myriad of other issues. Nonetheless, the provision of any expense for a Council raises the theoretical question of whether such expenses are already inherent in the one -third tax free allowance enjoyed by Council. Although staff cannot answer such a question definitively, it does seem that municipalities that provide a variety of allowable expenses do not provide the one -third tax free allowance and have an administrative system in place in which receipts are scrutinized before approved as an allowable expense. Council will want to give some thought during their term to the provision of the one -third tax free allowance and remuneration issues. Council is required under the Municipal Act to review the one -third tax free allowance once during their term. Councillors have requested provision of "letterhead' paper. Staff is proposing that Councillors be given a "block" of paper (there are 500 pages per block) per term. Council would use the letterhead for thank you letters, letters of reference etc. The letterhead paper could, of course, be used to print off miscellaneous e-mails and correspondences. Also, the provision of letterhead would offset paper expenses currently incurred by Council members. Trent Dark, Director, Human Resources Dean lorfida,9ity Cler en Burden, Acting Executive Dir ctor, Corporate Services )hn MacDonald, Chief Administrative Officer Niagaraj1alls CANADA November 27, 2007 Sincerely, Jim Diodati Councillor ueen Stree P'O._Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www niagarafalls.ca Working Together to Serve Our Community Councillor Jim Diodati Cell 905 359 -7760 Fax 905 356 -9083 jd iodati @niaga rafa I Is.ca News Wallet snatched from senior Police are looking for a male in his late teens or early 20s who snatched a wallet from a senior in the north end, Monday. According to police, the senior was walking in the area of Lewis Street near Central Avenue at about 11 a.m. when a male approached him and asked if the senior had change for a $20 bill. When the senior opened his wallet, the suspect grabbed it and fled. An undisclosed amount of money was taken. The victim described the suspect as a white male between and ages of 18 and 20, measuring five- foot seven, with a slight moustache. The suspect was wear- ing a black hooded jacket and dark pants. TWo similar incidents have occurred in the town within the last couple of weeks, both involving elderly male vic- tims. Police believe the suspect in all three may be the same person. Anyone with information about Monday's wallet snatching, or the previ- ous two incidents, should contact police at 871 -2300, ext. 2300. dentitim STOREWIDE CLEARANCE Diamond Engagenientt PF OFF Gibson's Jewellers Monday C II All Jewellery Repairs Done On Premises Friday J Douglas G. Martin Proprietor Sa III 304 Ridge Road, Ridgeway (905) 894 -8905 9:30 3:00 894 -4106 www.ravendahomes,com 4 The FORT ERIE TIMES Saturdqy, February 4, 2006 Berry confronted over letter JOEL HOIDAS Times Staff Coun. Richard Berry was confronted by other Town councillors at their meeting on Monday about a personal letter he sent with fabricated Town of Fort Erie letterhead. Berry wrote a letter to the U.S. Federal Highway Administration (FHWA) identifying himself as a Town councillor and requesting to have any future correspondence between the FHWA and the Buffalo and Fort Erie Public Bridge Authority (PBA) forwarded to the Mayor and council. The problem the Mayor and majority of councillors voiced on Monday, aside from the fact that Berry fabricated Town letter- head complete with its cor- porate logo, is that he used his Ridgeway home as the return mailing address. No one from the Town of Fort Erie was aware of the correspondence, and possibly never would have if the FHWA did not con- tact the PBA, which for- warded the issue to coun- cil. Coun. Paul Fell ques- tioned if any future corre- spondence was really meant to be forwarded to the Mayor and council, why Berry would use his home address. In an interview this week, Town clerk Carolyn Kett called Berry's actions "improper" and said he should have at the very least forwarded his letter to herself, the Mayor and council and the Town's chief administrative offi- cer. She said there is no pol- icy under the Municipal Act about councillors We Make go u lls Hause Calls' U� Voted COMPUTER SALES AND SERVICE Fort Erie's Finest 2004 &2005 WE NOW 00 INK REFILLS TRUST COMPU MEDS 1264 Garrison Road (Park Plaza) r' (905) 991 0219 www.compu meds.com We are Your Computer First Aid Specialists! Homes To Visit our model T Hwy f!3 t onto y Rid urn ge Rd. (toward lake) Turn left on Thunder�ayRd. we are, at the corner of hunger Bay Rd. an oepe' Pt. across th t frr m Ridgeway Shores Ilia lfClub 1n. ac lucin g states at Crystal' Ridge Landing i bcated in Historic Ridgeway On. 2 bedroom bungalows from Standard jrtel e rounded corners n fully sodded lots ceramics t _textured ceilings oak railings and more! net g.s.t'. inc. encourage you to compare our quality and workmanship" 64.0 ARIA4 using the Town letterhead, but there there are good administrative and good corporate practices that an elected official should fol- low. "There is nothing in law that says how you govern administratively," she said, "but there is good admin- istrative practices." Kett wrote a letter, on behalf of the Town, to the FHWA explaining Berry's letter was not authorized by council and does not reflect its position on bridge issues. Berry told The Times this week that he felt he was getting ganged up on by other councillors. "It's just because Richard Berry did it," he said. Berry said he wrote the letter because he thinks he's not getting the full story from correspon- dence forwarded to him through the Town. See CLERK, page 20 HaveYou HEARD? by Stefan Fridriksson,AuD Doctor of Audiology A PREGNANT PAUSE For decades, experts thought that pregnancy could worsen otosclerosis, a disease associated with hearing loss. Primarily a genetic disease, otosclerosis caus- es one of the bones of the inner ear to become fixed so that h no longer vibrates or transmits sound. Those who suffer from the disease can often successfully address the problem by wearing a hearing Instrument or undergoing corrective surgery. for years, medical experts believed that otosclerosis was exacerbated by pregnancy. Recently, however, one expert noticed that, among ultra orthodox women with otosclerosis (women who often have large families), there appeared to be no worse hearing loss than among women with fewer children This finding helped disprove the notion that pregnancy worsens hearing loss in those with otosclerosis. When any hearing impairment is suspected, a painless, compre- hensive hearing test is in order. It can indicate whether the problem can be helped with amplification by a hearing aid, surgery, or medica- tion. At BALANCE HEARING CENTRE, our hearing tests are state-of -the -art, conducted, and the results evaluated bya highly skilled audiologist with advanced training in the art of helping the hearing impaired. If this sounds like it might be the solution to your hear- ing problems, why not give us a call at 905. 871.4242. Most major Insurance plans are accepted. BALANCE HEARING CENTRE OF FORT ERIE New Location 660 Garrison Road. (corner of Thompson Garrison) PH: 905-871-4242 Office hours are M -F, 9amto5pm. www.balanceandhearing.ca Community Clerk will write policy Continued from page 4 "I believe in my heart that we're hand fed what (Mayor Wayne Redekop) thinks we should get," Berry said. Redekop responded to the accusation, calling it "nonsense." "I don't tell the staff what information to pass on to councillors," he said. "Whatever councillors are required and are entitled to, they get" Redekop added if Berry wants to see all of the correspondence the Town has been sent on the bridge, he can simply ask Kett or contact the PBA if he has any further ques- tions. He added there should be policy in place so it's clear for councillors in the future what they can and can't do. He said what Berry did was "not advis- able. "No corporation can afford to have people cor- responding at their whim utilizing a logo of the cor- poration that could mis- lead people to whom the correspondence is addressed," he said. Berry criticized the Mayor's use of the letter- head, saying he doesn't always agree with what he writes. Redekop, as Mayor and the Town's chief exec- utive officer, is permitted in the Municipal Act to speak on behalf of the municipality. He said his letters, when they involve matters relevant to council, reflect the position council has taken. He added such let- ters are also forwarded to the clerk and council. Council, by a 4 -3 vote passed a motion to have Kett prepare a policy on councillors using Town letterhead. Berry and Coune Ann Marie Noyes and Tom Lewis voted against the motion, calling the cre- ation of a policy on the matter a waste of staff's time. Sticking to his laurels, Berry said policy or not, he will continue to use Town letterhead whenever he wants. "I'm going to continue to use it," he said. "What are they going to do? Put me in jail Red Ribbon Art Exhibition to return Fort Erie's aeene Fort Erie Arts Council Red is the colour we associate with the month of February, so it only seems fitting that the Red Ribbon Art Exhibition is part of the picture on Feb. 25, from 6 p.m. to 10 p.m. Last year's event launched a highly successful season of artistic endeavours sponsored by the Fort Erie Arts Council. This year, the exhibition will take place in a new location that better showcases the works of profes- sional and community artists from Greater Fort Erie and south Niagara. The Peace Bridge Authority has provided a perfect venue in the Mentholatum building at 20 Lewis St., a block west of the Niagara River.This former warehouse has been transformed into a marvelously chic space, providing an ideal backdrop for the variety of artistic formats on display. In addition to viewing the wide array of works in the exhibition, visitors can also observe a live demonstra- tion of sculpting techniques and even try it for them- selves. Join us anytime between 6 p.m. and 10 p.m. for light refreshments and a feast for the eyes as we celebrate the wealth of talent in our community. Admission is free and donations will be accepted to help us continue our mandate of promoting the arts in Greater Fort Erie. For more information, e-mail artscouncil @forterie.com. Fort Erie's Art Scene appears monthly in The Times. To have your event listed in an upcoming Art Scene col- umn, contact Fort Erie Arts Council member Bernadette Dalingwater at 871 -4407, or e-mail her at Bernadette@gypsytheatre.com or artscouncil@forterie.com. 20 The Four ERIE TIMES Saturday, February 4, 2006 Ready to serve. Large Size Head Lettuce Product of USA, No.1 Grade or Green or Red Leaf Lettuce Product of USA Value Pack Maple Leaf Prirne Boneless, Skinless Chicken Thighs Fresh, 8.82 kg Green Onions Bunch Radishes Product of USA Schneider's Blue Ribboi r Bologna 4.54 lb. Value Pack Lean Ground Beef fresh, Never Frozen, 4.41 kg Value Pack Boneless Stewing Cut From anada AA Grade or Higher, 6.61 kg FORT ERIE We Reserve The Right To Limit Quantities Hot House Tomatoes Product of Mexico, No.1 Grade or Green Beans Product of USA PRICES EFFECTIVE SATURDAY, FEBRUARY 4" to FRIDAY, FEBRUARY 10th a x r 4 Flower Shop 1 Hour Photofinishing Selected Bulk Food Section In Store ATM Lottery Terminal Bottled Water Refill Station Open 24 Hours 7 Days A Week' 0 PHO� Ia r,�l1J'J y iI ii iJi ;�1i I: 4g, CSI K December 10, 2007 CD- 2007 -21 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: CD- 2007-21 Bill 130 Policies RECOMMENDATION: BACKGROUND: Niag araflalls CANADA That the suggested policies on Accountability and Transparency and Delegation of Powers be adopted by Council As previously outlined in report CD- 2007 -17, Appointment of a Closed Meeting Investigator, Bill 130, or the Municipal Statute Law Act, was a bill passed by the Provincial government in late 2006. The Bill saw a number of amendments to the Municipal Act. Section Section 270 (1) of the revised Municipal Act, 2001 requires all municipalities to adopt and maintain policies for: the sale and disposition of land; the hiring of employees; the procurement of goods and services; notice provisions; the manner in which the municipality will try to ensure that it is accountable to the public for its actions and that its actions are transparent to the public; and the delegation of its powers and duties. The municipality has policies in the first four noted areas, although, staff will review these existing policies in 2008. The municipality does not have articulated policies in the latter two areas: accountability and transparency and delegation of powers. The amendments to the Act require policies to be in place by January 1, 2008. Staff has reviewed suggested policies from the Association of Municipal Clerks Treasurers of Ontario (AMCTO), the Municipal Law Departments Association of Ontario and other municipalities. The suggested policies can be viewed as a starting point and will be refined in 2008. In other Bill 130 related items, staff has prepared two by -laws related to appointment of the Closed Meeting Investigator. One by -law authorizes the Mayor and Clerk to authorize the agreement with the Local Authority Service (LAS), as per Council's approval of CD -2007- 17. Queen Street, RO. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Clerks 2 As the municipality has the ability to decide upon the form of the request, the fees and the administrative procedures surrounding a closed meeting investigation request, an appropriate by -law has been drafted. The procedures allow for an inquiry to possibly be resolved prior to a formal investigation. If the requester wants to pursue matters further, the information will be sent forthwith to LAS. The fee proposed ($150, which is $75 upon filing of the request and $75 upon forwarding the request to LAS) is equal to the fee for an Ontario Municipal Board appeal, it will discourage frivolous and vexatious requests and the costs can be justified based on staff time and resources that would be required to respond to an inquiry and forward appropriate information to the Investigator. Most municipalities surveyed are charging between $100 to $150 for such requests. Finally, the procedures require the filing of a request within a year of the alleged closed meeting. It would be difficult for the municipality to have to investigate closed meetings many years in the past. Other municipalities have proposed a six month time limit for such requests. Staff feels requests within a year can be reasonably handled. CONCLUSION: Section 270 of the Municipal Act requires the adoption of various policies. The City of Niagara Falls has existing policies in most required areas but require policies in the areas of Delegation of Duties and Accountability and Transparency. The proposed policies offer a starting point. By -laws related to the Closed Meeting investigation process are required and listed under the by -law section of the agenda. Recommended by: Approved by: Respectfully submitted: Dean Iorfid Direc or of Council Services City Clerk K. E. Burden, Acting Director of Corporate Services m acDonald, Chief Administrative fficer CORPORATE SERVICES CLERK'S OFFICE DATE AFFECTED December 10, 2007 POLICY Council Delegation of Powers Duties CD- 2007 -21 Section 200.46 1. In compliance with Section 270 (1)(6) of the Municipal Act 2001 "The Act as amended, a municipality shall adopt policies with respect to the delegation of Council's legislative and administrative authority. The purpose of this policy is to set out the scope of the powers and duties which Council may delegate its legislative and administrative authority and to establish principles governing such delegation. This policy has been developed in accordance with the Act in order to comply with its other applicable sections, including section 270. This policy applies to all committees of Council, departments, divisions and staff. 2. The Council of the City of Niagara Falls, as a duly elected municipal government is directly accountable to its constituents for its legislative decision making, policies, and administrative functions. Council's decisions are generally expressed by by -law or resolution of Council carried by a majority vote. The efficient management of the municipal corporation and the need to respond to issues in a timely fashion require Council to entrust certain powers and duties to committees and staff while concurrently maintaining accountability, which can be effectively accomplished through the delegation of legislative and administrative functions. Council authority will be delegated within the context set out in the Act and will respect the applicable restrictions outlined in the Act. 3. Any delegation of legislative and/or administrative authority preceding the adoption of this policy is presumed to have occurred in compliance with the principles outlined in section 2 of this policy. 4. Any future delegation of legislative and/or administrative authority will occur only after the consideration of a staff report and a full debate by the Council of the City of Niagara Falls. CORPORATE SERVICES CLERK'S OFFICE DATE AFFECTED December 10, 2007 POLICY Accountability Transparency CD- 2007 -21 Section 200.47 1. In compliance with Section 270 (1)(5) of the Municipal Act 2001 ("The Act as amended, a municipality shall adopt policies with the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public. The purpose of this policy is to provide guidance for the delivery of the municipality's activities and services in accordance with the principles as outlined herein. 2. Accountability The principle that the municipality will be responsible to its stakeholders for decisions made and policies implemented, as well as its actions or inactions. 3. Transparency The principle that the municipality believes in and consistently practices openness in all its activities and decision making processes, subject only to narrow exceptions respecting confidentiality including those outlined in the Municipal Act 2001, the Municipal Freedom of Information and Protection Privacy Act and the Statutory Powers Procedure Act. 4. Council of the City of Niagara Falls and its' staff acknowledges that it is responsible under the Municipal Act, 2001, for providing good government and administration with respect to matters within its jurisdiction, in an accountable and transparent manner. The municipality will fulfill this responsibility by: a) communicating and facilitating public access to, and information about, the municipality's programs, decisions and activities, and welcoming participation by the public to ensure that decisions and actions are responsive to the preferences and needs of the residents; b) delivering high quality services to its residents, businesses and other stakeholders by encouraging their understanding of those services and welcoming feedback on those services; and c) promoting the effective and efficient use of the municipality's financial, human, and physical resources. 5. Accountability, transparency and openness are standards of good government that enhance public trust. The principles are achieved through the municipality adopting measures ensuring, to the best of its ability, that all activities and services are undertaken utilizing a process that is open and accessible to its stakeholders. In addition, wherever practical, the municipality will encourage input from its stakeholders throughout the decision making process. D(cember 10, 2007 CPS- 2007 -04 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag araJ CANADA Re: CPS 2007 -04 Water and Sewer Rate Structure Review RECOMMENDATION: L.oudor For-Fon That Council approves the engagement ofd o s rfi g -hte.o conduct a Water and Sewer Rate Structure Review. BACKGROUND: On July 23, 2007, Staff presented report CPS 2007 -02 to the Corporate Services Committee, BMA Management Consulting Inc. proposal that requested the Committee to authorize Staff to engage the consultant to review the City's water and sewer rates. During the Committee's consideration of this report, the Committee also heard a deputation from a Niagara Falls resident, who presented several observations in a hand out document, entitled Water Rate Study. The deputation made reference to staff reports and a water /sewer rate study done by Loudon Fortin (November 2000). On October 29, 2007, Staff presented report CPS 2007 -03 to the Corporate Services Committee, which provided information responding to the document, "Water Rate Study," and requested authorization to engage a consultant to conduct a water and sewer rates review. Mr. Michael Loudon, at Staffs request, also attended the meeting and responded to questions from the Committee members. The Committee approved the following three recommendations which were ratified by City Council: 1) That the information provided in response to "Water Rate Study" be received and filed, 2) That Staff be authorized to engage consulting services to review the City's water and sewer rates, and 3) That Loudon and Fortin be invited to provide a proposal on the water and sewer rate structure review. Working Together to Serve Our Community Cdrporate Services Department Finance December 10, 2007 2 CPS 2007 -04 Staff received and reviewed the attached proposal from Mr. Loudon. The proposal contains all of the planned work to be completed in a timely and comprehensive manner. The cost of the planned work is estimated to be $35,625. In comparison to the estimated cost ($18,000.) put forward by BMA Management Consulting Inc., Loudon is requesting significantly more compensation for the planned work. Staff recommends that the Committee should consider and approve the lower cost proposal. Recommended by: Respectfully submitted: Attach. K. E. Burden, Acting Executive Director of Corporate Services acDonald, Chief Administrative Officer (11/21/2007) Ken Burden NF Water Rate Study Proposal November 20 2007.doc Page 1 City of Niagara Falls Review of Water Sewage Rate Structures City of Niagara Falls Review of Water and Sewer Rate Structure Proposal NF Water Rate Study Proposal Nov 20 2007.doc 21/11/2007 2 Objectives Tasks The objectives stated in the Terms of Reference are as follows: 1. To study the financial impacts of changing the existing water and sewer rate structure. 2. To examine the optional rate structures for water and sewer services, in accordance with all legislation and regulations governing water and sewer distribution systems. 3. To compare the advantages and disadvantages of appropriate rate structures, in 1 Introduction This proposal is in response to Terms of Reference related to review the City of Niagara Falls water and sewage rates, dated November 9, 2007. As stated in the Terms of Reference, the current rates are two -part with a volumetric charge which recovers Region of Niagara charges and a fixed charge which varies by meter size and recovers local system costs. The rates format was originally adopted based on a 2000 report' for application when universal metering was completed. Since that time the format has been retained, but rates adjusted to reflect annual costs. Two options were offered. The recommended option was adopted. The second option had a lower service charge and a higher volumetric charge. The selected format was the preferred alternative at the time of adoption primarily based on an objective of providing revenue security customer consumption can be highly variable when meters are first introduced. By tying the volumetric charge to Regional costs, decreases in usage due to metering should relate closely to reduced bills by the Region. The approach was arguably fair since variable costs were linked to the variable portion of the rate. Since that time the fixed charge component has gradually increased compared to the volumetric charge. There is now a feeling that the fixed charge component is too large compared to the volumetric component. This will be a very important issue in the review of the water and sewage rate structure. Draft Proposal Prepared by M. Loudon City of Niagara Falls Study of Water Sewer Rates Following Metering Loudon Fortin November 2000 1 (11/21/2007) Ken Burden NF Water Rate Study Proposal November 20 2007.doc Page 2 City of Niagara Falls Review of Water Sewage Rate Structures Draft Proposal Prepared by M. Loudon relation to the public concerns for the costs of water and sewer services. 4. To recommend a water and sewer rate structure(s) for water and sewer services that complies with all relevant legislation and regulation, and best satisfies the public concerns. A variety of tasks are needed to fully reach the report objectives. The Terms of Reference stated a few: 1. Gather relevant information 2. Seek public input 3. Analyze alternative rate structures 4. Compare financial impacts on ratepayers. These tasks form the core of what is needed. 3 Proposed Work Program 3.1 Establish Principles It is very important that the rates be formulated based on a sound set of agreed principles. At the outset, prior to any meetings, a discussion paper on a range of principles for water and sewage user rates will be provided to City staff for their review. The preferred approach would be for staff to have read the material before the first meeting so that they are familiar with the concept and options. In any case the issues can be reviewed and discussed at the first meeting. Most principles will probably be easily agreed at that time; however, some may need further discussion or may be appropriate for further consultation. Others might be added. 3.2 Discuss Rate Format Options A discussion paper on alternative rate approaches will also be provided prior to the first meeting. The paper would set out different rate approaches and discuss the advantages and disadvantages of each. The rate options, as well as the recommended rates would be consistent with Provincial legislation related to water and sewage systems. Again the first meeting would be a good forum to perhaps narrow the options down, establish a preferred option, or initiate a strategy for further discussion. Principles and alternative rate option formats are possible issues to include in public forums. 3.3 Data Requirements To some extent the data request can be massaged to accommodate availability and ability of the City to extract information from financial and billing databases. NF Water Rate Study Proposal Nov 20 2007.doc 21/11/2007 2 Category Data Description Billed Consumption Annual billed since 2000. 2005, 2006, 2007 YTD Monthly volumes billed by class Largest 10 users by billing period Information on residential customer billing profile (discuss) Individual customer examples for impact analysis 2006. List will include a cross section of customers in terms of volume used and category. Customers 2005, 2006, Number annually since 2000 2007 Number by class Number by meter size Operating Budget 2007 Initially provide broken down by major categories. The 2008 degree of detail will depend on the rate format selected. Capital Budget 2007 Budget documents providing list of projects. 2008 projected to 2012 Debt principal interest Identification of capital programs related to meeting legislative upgrade requirements such as the Federal P2 requirements. Revenue Budget 2007 Broken down by category 2008 Provide actuals for 2006 Rates 2000 to 2007 Regional rates and billings monthly City water and sewage rates Water Sewage Monthly 2005, 2006, 2007 YTD Regional volumes (11/21/2007) Ken Burden NF Water Rate Study Proposal November 20 2007.doc Page 3 City of Niagara Falls Review of Water Sewage Rate Structures The following is a preliminary list of data requests covering both water and sewage. Note data in Excel spreadsheet format is much preferred: gain, the list maybe augmented, and will be finalized based on discussion of availability and need as the project progresses. NF Water Rate Study Proposal Nov 20 2007.doc 3 Draft Proposal Prepared by M. Loudon 21/11/2007 (11/21/2007) Ken Burden NF Water Rate Study Proposal November 20 2007.doc Page 4 City of Niagara Falls Review of Water Sewage Rate Structures Draft Proposal Prepared by M. Loudon 3.4 Public Input Given the interest already expressed in the current rate format, it is important that an opportunity be provided for those concerned to provide feedback. A change in the current rate configuration will have varying degrees of impact, depending on the format chosen and customer usage and meter size characteristics. The type of information provided and required as well as timing, format, participants and target groups need to be decided. In addition to views already expressed, target groups would include large users and residential customers. In terms of timing, it would likely be after enough material has been assembled and organized to be useful in presenting to the target groups, but prior to finalization of the approach to rates. It is suggested that this be discussed to achieve City objectives and utilize most effectively the resources available. 3.5 Financial Plan A projection will be made of expenditures and revenues for the period 2008 to 2012 based on financial and customer data as available in consultation with the Region and City staff as well as utilizing available projections. This will be used to project annual rate increase requirements. A Financial Plan offers an opportunity to tie rate increase needs with relevant issues such as government regulations as well as asset management needs for replacement. 3.6 User Rates Water and sewage user rates will be calculated for 2008. It is expected that two options will be required, one status quo and another with higher consumption charge and lower fixed charges. The options calculated and the complexity of the calculations will be influenced by discussion and public input. 3.7 Impact The following impact calculations will be carried out: Impact of rates on a variety of typical and specific customers, including a range of residential customers, a variety of non residential customers covering a range of types and volumes as well as the largest customer (perhaps top 10). The specific examples will be decided in discussion with City staff. NF Water Rate Study Proposal Nov 20 2007.doc 21/11/2007 4 (11/21/2007) Ken Burden NF Water Rate Study Proposal November 20 2007.doc Page 5 City of Niagara Falls Review of Water Sewage Rate Structures Calculations will be made using 2007 City rates as well as for each optional 2008 rates. Comparisons will also be made for a typical customer and a large customer with a cross section of selected municipalities, nearby and comparable across the Province. 3.8 Implementation It is possible that the preferred option will have significant impact on some customers. If this is the case then a well thought -out implementation plan will be important. Customers are more likely to accept changes if they think they are fair and they have some warning. If required, an implementation plan will be discussed. 4 Timing Project Organization 4.1 Timing The target completion date is the end of January 2008. This timing coincides with the City's 2008 budget process. A delay may interfere with Council's ability to approve a change that could be implemented in a timely manner. Schedule 1 following is a timetable formulated to achieve this goal. The timing is extremely tight, but if followed the end -of- January target can be achieved. City of Niagara Falls Review of Water Sewage Rate Structure Work Plan Prepared by M. Loudon Task Description 30- Nov -07 7-Dec-07 14-Dec-07 21- Dec-07 28- Deo-07 4- Jan -08 11- Jan -08 18- Jan -08 25- Jan -08 1- Feb-08 1 Establish Principles Preliminary X Finalize 2 Discuss Rate Format Options Preliminary X Finalize 3 Data Requirements X X X X 4 Public Input 5 Financial Plan 6 User Rates 7 Impact 8 Implementation Write Report Week Ending 1ef$19$S Rate Study Pr$$ al Nov 20 2007doc Staff NF WS User Rate Study Work Plan Nov 2007.x/s 5 X Holiday Period Draft Proposal Prepared by M. Loudon X X Schedule 1 X X X X X X X X X X X X Public 2U11 Council Input (11/21/2007) Ken Burden NF Water Rate Study Proposal November 20 2007.doc Page 6 City of Niagara Falls Review of Water Sewage Rate Structures The critical path includes data generation by the City in December, public input at the beginning of January and report preparation during January. 4.2 Staffing City Staff have been offered to provide assistance. This is critical to the success of the project not only to provide the data that only is available from City resources, but also to provide valuable input in the formulation of different aspects of the report. The report should be a cooperative effort. The consultant will provide Mike Loudon and Mike Fortin as needed to complete the report. Both were involved in the original rate report and have worked to together on many projects. CVs of both are provided. 4.3 Level of Effort The level of consultant effort in days per task as well as an estimated cost is provided below in Schedule 2. City of Niagara Falls Schedule 2 Review of Water Sewage Rate Structure Cost Estimate Prepared by M. Loudon Task Description Estimate Estimated Time (days) 1 Establish Principles 1 2 Discuss Rate Format Options 1 3 Data Requirements /Analysis 10 4 Public Input 2 5 Financial Plan 3 6 User Rates 5 7 Im pact 2 8 Implementation 1 Write Report 5 Meetings 5 Total 35 Projected Cost Daily Rate (7.5 hours $130 /hr) 975 Fee 34,125 Disbursements $1,500 Total Cost (excl taxes) 35,625 NF Water Rate Study Proposal Nov 20 2007.doc 21/11/2007 6 Draft Proposal Prepared by M. Loudon (11/21/2007) Ken Burden NF Water Rate Study Proposal November 20 2007.doc Page 7 City of Niagara Falls Review of Water Sewage Rate Structures Draft Proposal Prepared by M. Loudon The estimated cost of the consultant contribution is based on the above proposed work plan, but could be modified in discussion if a different work plan is preferred. One task that could affect the cost would be the degree to which the consultant is involved in the Public Input phase. Prepared by M. Loudon R.M. Loudon Limited Phone 416 225 2081 Fax 416 225 8144 Email mloudon@ica.net November 20, 2007 NF Water Rate Study Proposal Nov 20 2007.doc 7 21/11/2007 (12/4/2007) Dean lorfida Fwd: Proposed Work Plan Page 1 j From: Ken Burden To: Dean Iorfida Date: 12/4/2007 5:46 PM Subject: Fwd: Proposed Work Plan Attachments: NF Water Rate Study Proposal December 4 2007.doc CC: Ed Dujlovic; Geoff Holman; John MacDonald; Todd Harrison Dean, Please forward Mr.Loudon's revised proposal to the Council as an update to Report CPS 2007 -04 As this update is an amendment to Loudon's workplan and cost estimate, Staff will need to review the document in time for Monday's meeting. If you have already included the report in the Consent Agenda section, it may be necessary to amend the agenda, due to this late submission. I trust your judgement whether to make the change. Ken "Mike Loudon" <mloudonica.net> 12/4/2007 3:23 PM Hi Ken, I have updated my proposal based on our discussion regarding the scope of work and tasks required. The updated work plan and cost estimate is attached. Please let me know if there is anything further you would like. If you decide to proceed I will forward information on principles and rate options for discussion at a meeting hopefully held later next week. Regards MikeL Mike Loudon, P. Eng. 63 Roosevelt Rd. Toronto M43 4T8 phone 416 225 2081 cell 416 931 2751 fax 416 225 8144 email mloudonPica.net City of Niagara Falls Review of Water Sewage Rate Structures City of Niagara Falls Review of Water and Sewer Rate Structure Proposal Proposal Prepared by M Loudon 1 Introduction This proposal is in response to Terms of Reference related to review the City of Niagara Falls water and sewage rates, dated November 9, 2007. As stated in the Terms of Reference, the current rates are two -part with a volumetric charge which recovers Region of Niagara charges and a fixed charge which varies by meter size and recovers local system costs. The rates format was originally adopted based on a 2000 report for application when universal metering was completed. Since that time the format has been retained, but rates adjusted to reflect annual costs. Two options were offered. The recommended option was adopted. The second option had a lower service charge and a higher volumetric charge. The selected format was the preferred alternative at the time of adoption primarily based on an objective of providing revenue security customer consumption can be highly variable when meters are first introduced. By tying the volumetric charge to Regional costs, decreases in usage due to metering should relate closely to reduced bills by the Region. The approach was arguably fair since variable costs were linked to the variable portion of the rate. Since that time the fixed charge component has gradually increased compared to the volumetric charge. There is now a feeling that the fixed charge component is too large compared to the volumetric component. This will be a very important issue in the review of the water and sewage rate structure. 2 Objectives Tasks The objectives stated in the Terms of Reference are as follows: 1. To study the financial impacts of changing the existing water and sewer rate structure. 2. To examine the optional rate structures for water and sewer services, in accordance with all legislation and regulations governing water and sewer distribution systems. 1 City of Niagara Falls Study of Water Sewer Rates Following Metering Loudon Fortin November 2000 NF Water Rate Study Proposal Dec 4 2007.doc 04/12/2007 1 City of Niagara Falls Review of Water Sewage Rate Structures Proposal Prepared by M. Loudon 3. To compare the advantages and disadvantages of appropriate rate structures, in relation to the public concerns for the costs of water and sewer services. 4. To recommend a water and sewer rate structure(s) for water and sewer services that complies with all relevant legislation and regulation, and best satisfies the public concerns. A variety of tasks are needed to fully reach the report objectives. The Terms of Reference stated a few: 1. Gather relevant information 2. Seek public input 3. Analyze alternative rate structures 4. Compare financial impacts on ratepayers. These tasks form the core of what is needed. 3 Proposed Work Program 3.1 Establish Principles It is very important that the rates be formulated based on a sound set of agreed principles. At the outset, prior to any meetings, a discussion paper on a range of principles for water and sewage user rates will be provided to City staff for their review. The preferred approach would be for staff to have read the material before the first meeting so that they are familiar with the concept and options. In any case the issues can be reviewed and discussed at the first meeting. Most principles will probably be easily agreed at that time; however, some may need further discussion or may be appropriate for further consultation. Others might be added. 3.2 Discuss Rate Format Options A discussion paper on alternative rate approaches will also be provided prior to the first meeting. The paper would set out different rate approaches and discuss the advantages and disadvantages of each. The rate options, as well as the recommended rates would be consistent with Provincial legislation related to water and sewage systems. Again the first meeting would be a good forum to perhaps narrow the options down, establish a preferred option, or initiate a strategy for further discussion. Principles and alternative rate option formats are possible issues to include in public forums. 3.3 Data Requirements To some extent the data request can be massaged to accommodate availability and ability of the City to extract information from financial and billing databases. NF Water Rate Study Proposal Dec 4 2007.doc 2 04/12/2007 Category Data Description Billed Consumption Annual billed since 2000. 2005, 2006, 2007 YTD Monthly volumes billed by class Largest 10 users by billing period Information on residential customer billing profile (discuss) Individual customer examples for impact analysis 2006. List will include a cross section of customers in terms of volume used and category. Customers 2005, 2006, Number annually since 2000 2007 Number by class Number by meter size Operating Budget 2007 Initially provide broken down by major categories. The 2008 degree of detail will depend on the rate format selected. Capital Budget 2007 Budget documents providing list of projects. 2008 projected to 2012 Debt principal interest Identification of capital programs related to meeting legislative upgrade requirements such as the Federal P2 requirements. Revenue Budget 2007 Broken down by category 2008 Provide actuals for 2006 Rates 2000 to 2007 Regional rates and billings monthly City water and sewage rates Water Sewage Monthly 2005, 2006, 2007 YTD Regional volumes City of Niagara Falls Review of Water Sewage Rate Structures The following is a preliminary list of data requests covering both water and sewage. Note data in Excel spreadsheet format is much preferred: Again, the list may be augmented, and will be finalized based on discussion of availability and need as the project progresses. NF Water Rate Study Proposal Dec 4 2007.doc 3 Proposal Prepared by M. Loudon 04/12/2007 City of Niagara Falls Proposal Review of Water Sewage Rate Structures Prepared by M. Loudon 3.4 Public Input Given the interest already expressed in the current rate format, it is important that an opportunity be provided for those concerned to provide feedback. A change in the current rate configuration will have varying degrees of impact, depending on the format chosen and customer usage and meter size characteristics. The type of information provided and required as well as timing, format, participants and target groups need to be decided. In addition to views already expressed, target groups would include large users and residential customers. In terms of timing, it would likely be after enough material has been assembled and organized to be useful in presenting to the target groups, but prior to finalization of the approach to rates. It is suggested that this be discussed to achieve City objectives and utilize most effectively the resources available. 3.5 Financial Plan A projection will be made of expenditures and revenues for the period 2008 to 2012 based on financial and customer data as available in consultation with the Region and City staff as well as utilizing available projections. This will be used to project annual rate increase requirements. A Financial Plan offers an opportunity to tie rate increase needs with relevant issues such as government regulations as well as asset management needs for replacement. 3.6 User Rates Water and sewage user rates will be calculated for 2008. It is expected that two options will be required, one status quo and another with higher consumption charge and lower fixed charges. The options calculated and the complexity of the calculations will be influenced by discussion and public input. 3.7 Impact The following impact calculations will be carried out: Impact of rates on a variety of typical and specific customers, including a range of residential customers, a variety of non residential customers covering a range of types and volumes as well as the largest customer (perhaps top 10). The specific examples will be decided in discussion with City staff. Calculations will be made using 2007 City rates as well as for each optional 2008 rates. NF Water Rate Study Proposal Dec 4 2007.doc 04/12/2007 4 City of Niagara Falls Review of Water Sewage Rate Structures Comparisons will also be made for a typical customer and a large customer with a cross section of selected municipalities, nearby and comparable across the Province. 3.8 Implementation It is possible that the preferred option will have significant impact on some customers. If this is the case then a well thought -out implementation plan will be important. Customers are more likely to accept changes if they think they are fair and they have some warning. If required, an implementation plan will be discussed. 4 Timing Project Organization 4.1 Timing The target completion date is the end of January 2008. This timing coincides with the City's 2008 budget process. A delay may interfere with Council's ability to approve a change that could be implemented in a timely manner. Schedule 1 following is a timetable formulated to achieve this goal. The timing is extremely tight, but if followed the end -of- January target can be achieved. City of Niagara Falls Review of Water Sewage Rate Structure Work Plan Prepared by M. Loudon 6 User Rates 7 Impact 8 Implementation Write Report NF WS User Rate Study Work Plan Dec 4 2007.xfs Proposal Prepared by M. Loudon Schedule 1 Week Ending Task Description 14- Dec -07 21- Dec -07 28- Dec -07 4- Jan -08 11- Jan -08 18- Jan -08 25- Jan -08 1- Feb -08 1 Establish Principles Preliminary X Finalize 2 Discuss Rate Format Options Preliminary X Finalize 3 Data Requirements X X 4 Public Input 5 Financial Plan X Holiday Period X X X X X X X X X X X X X X Meetings Staff Staff Public Staff Council Input NF Water Rate Study Proposal Dec 4 2007.doc 04/12/2007 5 City of Niagara Falls Review of Water Sewage Rate Structures The critical path includes data generation by the City in December, public input at the beginning of January and report preparation during January. 4.2 Staffing City Staff have been offered to provide assistance. This is critical to the success of the project not only to provide the data that only is available from City resources, but also to provide valuable input in the formulation of different aspects of the report. The report should be a cooperative effort. The consultant will provide Mike Loudon and Mike Fortin as needed to complete the report. Both were involved in the original rate report and have worked to together on many projects. CVs of both are provided. 4.3 Level of Effort The level of consultant effort in days per task as well as an estimated cost is provided below in Schedule 2. City of Niagara Falls Schedule 2 Review of Water Sewage Rate Structure Cost Estimate Prepared by M. Loudon Task Description Estimate Estimated Time (days) 1 Establish Principles 0 2 Discuss Rate Format Options 0 3 Data Requirements /Analysis 3 4 Public Input 4 5 Financial Plan 3 6 User Rates 3 7 Impact 1 8 Implementation 1 Write Report 3 Meetings 3 Total 21 Projected Cost Daily Rate (7.5 hours $130/hr) 975 Fee 20,475 Disbursements $1,500 Total Cost (excl taxes) 21,975 Proposal Prepared by M Loudon NF Water Rate Study Proposal Dec 4 2007.doc 04/12/2007 6 City of Niagara Falls Review of Water Sewage Rate Structures Proposal Prepared by M. Loudon The estimated cost of the consultant contribution is based on the above proposed work plan, but could be modified in discussion if a different work plan is preferred. One task that could affect the cost would be the degree to which the consultant is involved in the Public Input phase. Prepared by M. Loudon R.M. Loudon Limited Phone 416 225 2081 Fax 416 225 8144 Email mloudon@ica.net December 4, 2007 NF Water Rate Study Proposal Dec 4 2007.doc 04/12/2007 7 December 10, 2007 F- 2007 -44 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2007 -44 Municipal Accounts RECOMMENDATION: That Council approve the municipal accounts totaling 8,300,524.86 for the period October 24, 2007 to November 20, 2007. BACKGROUND: Niagaraflalls CANADA 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: Approved by: Respectfully submitted: Ken .0r,fd ar (son Ac n Director H g irector of Financial Services Joh acDonald, Chief Admini .trative Officer ueen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community ctor of Corporate Services Corporate Services Departmen Finance CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 1019536 ONTARIO INC 1473944 ONTARIO LIMITED 1578891 ONTARIO LIMITED 1712092 ONTARIO INC 4 OFFICE AUTOMATION LTD 4422 HURON INVESTMENTS LTD 876891 ONTARIO LIMITED 942352 ONTARIO LIMITED 0/A BRISK ALL GLASS SAFETY SUPP 984265 ONTARIO LTD aka CIRCLE P PAVING A A EXHAUST SYSTEMS A N MYER S S ABSOLUTE COMMUNICATIONS DESIGN ACCU LOCK AND SECURITY ACKLANDS GRAINGER INC ACKLANDS GRAINGER INC ADVANCE TOWING ADVANCE TOWING AFFILIATED CUSTOMS BROKERS LTD AIR CARE SERVICES AIR, CARE SERVICES AIR CARE SERVICES ALBANESE,LORI ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALISON'S_ SPORTS AWARDS ALL GREEN IRRIGATION ALL GREEN IRRIGATION ALL PRO RENTALS ALLIED MEDICAL INSTRUMENTS ALTERNATE MATERIALS CORP AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANNEX PUBLISHING BOOK DIVISION ANTHONY'S EXCAVATING AND ELCHO FARMS INC ANTONIO,CHUCK ANTONIO,LISA ARAMARK REFRESHMENT SERVICES ARBOUR,SUSAN ASSOCIATED ENGINEERING (ONT) LTD ATKINS,LEON AVIS CAR INC B HOGAN B HOGAN B HOGAN BAERT,BRIAN BAIOCCO CONSTRUCTION CORPORATION BAIOCCO CONSTRUCTION CORPORATION BAIOCCO CONSTRUCTION CORPORATION BARBISAN RESEARCH DEVELOPMENT CORP BARCLAY TODD'S BARCLAY TODD'S BARRY BRYAN ASSOCIATES (1991) LTD BARTRAM,DAVID BATH,MORGAN BEAUCHAMP,RANDY THOMAS BEEFEATER (NIAGARA) LIMITED BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BENSON TIRE BEST WESTERN CAIRN CROFT HOTEL BIRMINGHAM,JOHN BIRMINGHAM FIRE CONTROL BITNER,LAURIE Cheque No. Cheque Date Purpose 315356 20 -Nov -2007 REFUND 315357 20- Nov -2007 REFUND 315358 20- Nov -2007 REFUND 315359 20- Nov -2007 REFUND 315361 20- Nov -2007 CONTRACT SERVICES 315166 13- Nov -2007 REFUND 315362 20- Nov -2007 357/8 APPEAL #2007 -7 315363 20- Nov -2007 MATERIALS 314866 30 -Oct -2007 CONTRACT SERVICES 315168 13- Nov -2007 MATERIALS 315177 13- Nov -2007 REMITTANCE 315364 20- Nov -2007 ADVERTISING 315017 06- Nov -2007 MATERIALS 315018 06 -Nov -2007 STORES /INVENTORY 315169 13- Nov -2007 STORES /INVENTORY 314834 30 -Oct -2007 CONTRACT SERVICES 315019 06- Nov -2007 CONTRACTED SERVICES 315365 20- Nov -2007 ADMINISTRATIVE BROKERAGE 314835 30- Oct -2007 MAINTENANCE /REPAIRS 315170 13- Nov -2007 MATERIALS 315366 20- Nov -2007 MATERIALS 314836 30 -Oct -2007 REIMBURSEMENT SCH. IN BLOOD 314837 30 -Oct -2007 CONTRACT SERVICES 315172 13- Nov -2007 CONTRACT SERVICES 420 TO MC 315367 20- Nov -2007 CONTRACT SERVICES 315173 13- Nov -2007 MATERIALS 314838 30 -Oct -2007 MATERIALS 315020 06- Nov -2007 MATERIALS 315368 20- Nov -2007 LEASES AND RENTS 315174 13- Nov -2007 MATERIALS 315175 13- Nov -2007 MATERIALS 315021 06- Nov -2007 PAYROLL REMITTANCE 315022 06- Nov -2007 PAYROLL REMITTANCE 315164 07- Nov -2007 PAYROLL REMITTANCE ADD'T'L 2 315176 13 -Nov -2007 PAYROLL REMITTANCE 315369 20- Nov -2007 PAYROLL REMITTANCE 315178 13- Nov -2007 MATERIALS 314839 30 -Oct -2007 CONTRACT SERVICES 314840 30- Oct -2007 TRAVEL/MILEAGE 315370 20- Nov -2007 TRAVEL /MILEAGE SEPT /07 315023 06- Nov -2007 SUPPLIES 315024 06- Nov -2007 REIMBURSEMENT COMM SEMINAF 315025 06- Nov -2007 CONTRACT SERVICES 315179 13- Nov -2007 REMITTANCE 315180 13- Nov -2007 REFUND OF DUPLICATE PAYMENT 314912 30 -Oct -2007 MAINTENANCE /REPAIRS 315237 13- Nov -2007 MAINTENANCE /REPAIRS 315438 20- Nov -2007 MAINTENANCE /REPAIRS 315181 13- Nov -2007 REFUND -DEFIB CARD READER 315182 13- Nov -2007 CONTRACT SERVICES 315371 20- Nov -2007 CONTRACT SERVICES 315372 20- Nov -2007 CONTRACT SERVICES 314842 30- Oct -2007 MATERIALS 315183 13- Nov -2007 COFFEE SUPPLIES 315373 20- Nov -2007 SUPPLIES 315026 06- Nov -2007 CONTRACT SERVICES 314843 30 -Oct -2007 REMITTANCE 315374 20- Nov -2007 SAFETY BOOTS REIMBURSEMENT 315184 13- Nov -2007 REMITTANCE 315376 20- Nov -2007 357/8 REFUND #2007 -52 314845 30 -Oct -2007 UTILITIES 314846 30 -Oct -2007 UTILITIES 315028 06- Nov -2007 UTILITIES 315029 06- Nov -2007 UTILITIES 315030 06- Nov -2007 UTILITIES 315186 13- Nov -2007 UTILITIES 315377 20- Nov -2007 UTILITIES 314848 30 -Oct -2007 MAINTENANCE /REPAIRS 315031 06- Nov -2007 MATERIALS 315187 13- Nov -2007 REMITTANCE 315378 20- Nov -2007 MATERIALS 315032 06- Nov -2007 TAX OVERPAYMENT REFUND Page 1 of 10 Amount 570:28 1,954.06 24,371.39 750.00 605.29 13,155.60 24,204.73 323.30 156,646.77 916.79 100.00 1,385.00 208:57 441.31 28.18 143.10 180.20 46.44 1,444.01 2,861.40 5,143.98 278.89 90,464.15 144,561.46 13,023.71 254.22 286.20 26.50 1,003.20 2,336.13 7,420.00 386.40 386.40 375.36 563.04 596.16 618.62 3,816.00 22.50 16:10 100:97 45.00 82,218.26 371.00 35.00 185.00 80.00 80.00 45.59 1,000.66 302,797.70 96,108.03 1,539.00 356.34 137.66 159, 764.31 80.00 89.99 150.00 1,114.65 7,291.28 57.00 1,353.51 114.00 86.21 79.85 101.05 5,745.60 92.33 350.00 83.74 325.32 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name BMA MANAGEMENT CONSULTING INC BOLIBRUCK,BOB BONIFERRO,JANA BOWAN,WILL BOYS GIRLS CLUB OF NIAGARA BRIAN SINCLAIR IN TRUST BRINKS CANADA LTD BRINKS CANADA LTD BROCK UNIVERSITY MGMT DEVELOPMENT CTR BRODERICK PARTNERS BRODERICK PARTNERS BROOK MCILROY INC BUNTIN REID BUNTIN REID BUNTIN REID BURLEY,EDWIN BUSINESS EDUCATION COUNCIL OF NIAGARA BUSINESS EDUCATION COUNCIL OF NIAGARA C R L CAMPBELL CONSTRUCTION DRAINAGE LTD CAD MICROSOLUTIONS INC CAH I LL,MARK CAJA,SANDY CALE SYSTEMS INC CALE SYSTEMS INC CALE SYSTEMS INC CAMPBELL,CAREY CANADA BREAD- ONTARIO #T6249 CANADA BREAD- ONTARIO #T6249 CANADA BREAD ONTARIO #T6249 CANADIAN DOOR DOCTOR CANADIAN DOOR DOCTOR CANADIAN PACIFIC RAILWAY CO CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CANADIAN SPECIALTY CASTING INC CANADIAN TIRE COMMERCIAL MASTERCARD CANTEC SECURITY SERVICES CARRICK,MARZENNA CARSON,MICHAEL CARTER CAR TRUCK RENTALS CAVALLERI,DANILO CEDAR ROOF ONTARIO CENTURY 21/TODAY REALTY LTD CENTURY VALLEN CENTURY VALLEN CHARLES,TIM CHARLES JONES INDUSTRIAL LTD CHIEF C H HALLIDAY SECRETARY TREASURER CHIPPAWA VOLUNTEER FIREFIGHTERS ASSOC CIMCO REFRIGERATION CIT FINANCIAL LTD CIT FINANCIAL LTD CIT FINANCIAL LTD CITICORP VENDOR FINANCE LTD CITICORP VENDOR FINANCE LTD SCOTIABANK -CITY VISA CARDS SCOTIABANK -CITY VISA CARDS SCOTIABANK -CITY VISA CARDS CLASSIC FIRE PROTECTION INC CLIFTON HILL BIA COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COLLEE,D COLLINSON,JACK COMMISSIONAIRES COMMISSIONAIRES COMMISSIONAIRES CONTINENTAL TIRE CANADA INC COTTON INC COTTON INC COTTON INC COURTLAND MOBILITY SERVICES INC Page 2 of 10 Cheque No. Cheque Date Purpose Amount 314849 30 -Oct -2007 CONTRACT SERVICES 318.00 314850 30- Oct -2007 TRAVEL /MILEAGE 90.00 315188 13- Nov -2007 TRAVEUMILEAGE OCT /07 88.50 315189 13- Nov -2007 DONATION HONORARIUM 11/11/07 150.00 315033 06- Nov -2007 GRANT 17,500.00 315015 02- Nov -2007 DEPOSIT FOR PURCHASE 2,000,00 314852 30 -Oct -2007 CONTRACT SERVICES 1,304.06 315034 06- Nov -2007 CONTRACT SERVICES 250.77 315379 20- Nov -2007 COURSE REMITTANCE SEMINAR 13,530.00 314854 30- Oct -2007 CONSULTING SERVICES 1,436.83 315035 06- Nov -2007 CONTRACT SERVICES 4,856.39 315381 20- Nov -2007 CONTRACT SERVICES 3,180.00 315036 06- Nov -2007 MATERIALS 2,445.32 315191 13- Nov -2007 SUPPLIES 2,809.85 315382 20- Nov -2007 SUPPLIES 1,244.53 315037 06- Nov -2007 REFUND 16.25 315038 06- Nov -2007 REMITTANCE FOR SERVICES JUL) 25,000.00 315192 13- Nov -2007 CONTRACT SERVICES 525.00 315056 06- Nov -2007 CONTRACT SERVICES 9,752.00 314855 30- Oct -2007 SUBSCRIPTION 13,189.80 314856 30- Oct -2007 TRAVEL /MILEAGE 213.00 315193 13- Nov -2007 REMITTANCE 250.00 315039 06- Nov -2007 MATERIALS 780.90 315194 13- Nov -2007 CONTRACT SERVICES 923.40 315383 20- Nov -2007 CONTRACT SERVICES 342.00 315041 06- Nov -2007 TRAVEL /MILEAGE OCT /07 61.50 314857 30- Oct -2007 MATERIALS 178.26 315042 06- Nov -2007 MATERIALS 74.82 315195 13 -Nov -2007 MATERIALS 122.06 314858 30- Oct -2007 MATERIALS 1,219.00 315043 06- Nov -2007 MAINTENANCE /REPAIRS 164.30 315044 06- Nov -2007 CONTRACT SERVICES 975.48 314859 30- Oct -2007 MAINTENANCE /REPAIRS 1,140.40 315385 20- Nov -2007 MATERIALS 836.59 315386 20- Nov -2007 357/8 REFUND #2007 -41 980.52 315388 20- Nov -2007 MATERIALS 399.24 315387 20- Nov -2007 CONTRACT SERVICES 4,023.00 315196 13- Nov -2007 TRAVEL /MILEAGE OCT /07 180.00 315389 20- Nov -2007 DEPOSIT REFUND -2004 -302 360.00 315045 06- Nov -2007 LEASES AND RENTS 739.86 315046 06- Nov -2007 REFUND 750.00 314861 30- Oct -2007 MATERIALS 2,544.00 314862 30 -Oct -2007 CONSULTING SERVICES 212.00 315047 06- Nov -2007 MATERIALS 566.12 315390 20- Nov -2007 STORES /INVENTORY 248.15 315391 20- Nov -2007 ANNUAL MEDICAL EXAM REIMBUR 100.00 315198 13- Nov -2007 STORES /INVENTORY 796.68 314863 30- Oct -2007 REMITTANCE- NRFCA MEMBERSH 100.00 314864 30- Oct -2007 REFUND RE: WELLAND RIVER DIV 272.00 314865 30- Oct -2007 MATERIALS '2,884.76 314867 30- Oct -2007 LEASES AND RENTS 107.64 315048 06- Nov -2007 LEASES AND RENTS 10,155.96 315200 13 -Nov -2007 LEASES AND RENTS 107.64 314868 30 -Oct -2007 LEASES AND RENTS 97.47 315049 06 -Nov -2007 LEASES AND RENTS 1,918.62 315050 06- Nov -2007 MATERIALS 122,037.93 315201 13- Nov -2007 MATERIALS 120,264.55 315392 20- Nov -2007 MATERIALS 123,583.23 315202 13- Nov -2007 MAINTENANCE /REPAIRS 398.56 315203 13- Nov -2007 2007 BIA LEVY REMIT 3RD INSTAI 3,750.00 314871 30- Oct -2007 UTILITIES 67.23 315051 06- Nov -2007 UTILITIES 783.44 315393 20- Nov -2007 UTILITIES 228.28 314872 30- Oct -2007 MATERIALS 228.17 315394 20- Nov -2007 TRAVEUMILEAGE JUNE OCTOBI 48.00 314874 30- Oct -2007 CONTRACT SERVICES 1,890.53 315052 06- Nov -2007 CONTRACT SERVICES 19,334.78 315395 20- Nov -2007 CONTRACT SERVICES 20,000.38 315053 06- Nov -2007 MATERIALS 994.97 314875 30- Oct -2007 MATERIALS 2,325.14 315054 06- Nov -2007 CONTRACT SERVICES 8,237,38 315204 13- Nov -2007 CONTRACT SERVICES 20,908.72 314876 30 -Oct -2007 MATERIALS 48.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRAWFORD SMITH SWALLOW CRAWFORD SMITH SWALLOW CREAMER,LEN CRESCENZI,GUS CROWLAND VOLUNTEER FIREFIGHTERS ASSOC CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 CYGNAL TECHNOLOGIES CORP T46181 CYGNAL TECHNOLOGIES CORP T46181 DAIMLER CHRYSLER COMM BUSES NORTH AMERICA DALTON,BARRY DAMARIO,TONY DARK,TRENT DE LA RUE CASH SYSTEMS INC DEBENEDETTI,NICK DEHAAN,PATTIE DEHAAN,PATTIE DELL CANADA INC DELL CANADA INC DELL CANADA INC DENCO ENGINEERING LTD DENCO ENGINEERING LTD DEROSE BROS GENERAL CONTRACTING LIMITED DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DESMORMEAUX,RAY DICKSON,B DINUNZIO,JOHNNY DIRECT EQUIPMENT LTD DIRECT IT CORP DISTRICT SCHOOL BOARD OF NIAGARA DOWNTOWN BOARD OF MANAGEMENT DRAFTCON CALAMAR CORP DRAWING CENTRE THE DRAWING CENTRE THE DRT CUSTOM HOMES RENOVATIONS INC DRUMMOND HOME HARDWARE DUJLOVIC,ED DWYER,ALICIA E3 LABORATORIES EARTHDANCE LANDSCAPING INC EFFAT,EFFAT S K ELECTRICAL SAFETY AUTHORITY ELECTROMEGA LTD ELREG DISTRIBUTORS LTD EMCO LIMITED DISTRIBUTION EMERALD ENBRIDGE ENBRIDGE ENBRIDGE EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVIN INDUSTRIES LTD EXTRACTOL INDUSTRIES LTD FALLS WHOLESALE LTD FALLS WHOLESALE LTD FALLSVIEW BIA FALUN DAFA MARCHING BAND FEHRS TROPHY ENGRAVING FEREN SIGNS AWNINGS LTD FEREN SIGNS AWNINGS LTD FINE GRADE CONSTRUCTION FIRE MONITORING OF CANADA INC FIRE MONITORING OF CANADA INC FIRESERVICE MANAGEMENT LTD Cheque No. Cheque Date Purpose 315055 06- Nov -2007 CONTRACT SERVICES D. MAIOL 315396 20- Nov -2007 CONTRACT SERVICES J MORRIS 315205 13- Nov -2007 CONTRACT SERVICES 315397 20- Nov -2007 CONTRACT SERVICES 315206 13- Nov -2007 MATERIALS 314878 30- Oct -2007 TIRE REFUND 315057 06- Nov -2007 REIMBURSEMENT GROW OP TR/ 314879 30 -Oct -2007 PAYROLL REMITTANCE 315058 06- Nov -2007 PAYROLL REMITTANCE 315207 13- Nov -2007 PAYROLL REMITTANCE 315398 20- Nov -2007 PAYROLL REMITTANCE 314880 30 -Oct -2007 MATERIALS 315399 20- Nov -2007 CONTRACT SERVICES 315059 06- Nov -2007 MATERIALS 315400 20- Nov -2007 REFUND 315208 13- Nov -2007 REFUND 315060 06- Nov -2007 TRAVELJMILEAGE OCT /07 314883 30- Oct -2007 MAINTENANCE AND REPAIRS 314881 30 -Oct -2007 TUITION REFUND (OPPI) 314882 30- Oct -2007 REFUND SIGN PERMIT (50 315061 06- Nov -2007 BLDG PERMIT FEE REFUND PERP 314884 30 -Oct -2007 COMPUTER 315401 20- Nov -2007 CONTRACT SERVICES 315402 20- Nov -2007 MATERIALS 315062 06- Nov -2007 CONSULTING SERVICES 315209 13- Nov -2007 MAINTENANCE /REPAIRS 314885 30- Oct -2007 CONTRACT SERVICES 315063 06- Nov -2007 CONTRACT SERVICES 315210 13- Nov -2007 MATERIALS 315403 20- Nov -2007 MAINTENANCE /REPAIRS 315064 06- Nov -2007 REFUND 315404 20 -Nov -2007 REMITTANCE- FPO SEM -07 -1 315211 13- Nov -2007 TAX REFUND OVERPAYMENT 691 314886 30- Oct -2007 MAINTENANCE /REPAIRS 315405 20- Nov -2007 MATERIALS 315406 20- Nov -2007 357/8 APPEAL 2007 -60 &2006 -76 315212 13- Nov -2007 2007 BIA LEVY REMIT 3RD INSTAL 314887 30- Oct -2007 CONTRACTED SERVICES 315065 06- Nov -2007 MATERIALS 315407 20- Nov -2007 MATERIALS 315066 06- Nov -2007 REFUND 314889 30 -Oct -2007 MATERIALS 315213 13- Nov -2007 TRAVEUMILEAGE 315214 13- Nov -2007 TRAVEL /MILEAGE NOV 6/07 315408 20- Nov -2007 CONTRACT SERVICES 314890 30 -Oct -2007 CONTRACT SERVICES 314892 30 -Oct -2007 TRAVEL /MILEAGE 314893 30- Oct -2007 MATERIALS 315067 06- Nov -2007 MATERIALS 315410 20- Nov -2007 MATERIALS 315215 13- Nov -2007 STORES /INVENTORY 315411 20- Nov -2007 CONTRACT SERVICES 314895 30 -Oct -2007 UTILITIES 315069 06- Nov -2007 UTILITIES 315412 20- Nov -2007 UTILITIES 314896 30 -Oct -2007 MATERIALS 315216 13- Nov -2007 MATERIALS 315413 20- Nov -2007 MATERIALS 315217 13- Nov -2007 CONTRACT SERVICES 315414 20- Nov -2007 CONTRACT SERVICES 314897 30 -Oct -2007 MATERIALS 315415 20- Nov -2007 MATERIALS 314898 30 -Oct -2007 CONCESSION SUPPLIES 315070 06- Nov -2007 MATERIALS 315218 13- Nov -2007 2007 BIA LEVY REMIT 3RD INSTAL 315219 13- Nov -2007 CONTRACT SERVICES 315416 20- Nov -2007 MATERIALS 314899 30 -Oct -2007 MATERIALS 315071 06- Nov -2007 MAINTENANCE /REPAIRS 315220 13- Nov -2007 CONTRACT SERVICES LOCUS W, 315072 06- Nov -2007 MAINTENANCE /REPAIRS 315417 20- Nov -2007 CONTRACT SERVICES 314900 30- Oct -2007 MAINTENANCE /REPAIRS Page 3 of 10 Amount C 6,720.00 5,180.00 21,438.50 795.00 1,050.00 101.43 60.00 3,700.59 3,636.72 3,585.32 3,601.76 2,970.00 2,970.00 2,119.12 150.00 150.00 125.00 484.50 417.00 140.75 143.33 14,509.92 1,338.77 14,509.92 5,366.49 449.89 1,060.00 2,158.60 85.50 296.87 300.00 45.00 209.45 364.80 21,600.00 647.26 45,000.00 58,093.79 259.92 175.88 750.00 3,467.71 279.50 60.50 6,446.05 2,353.60 683.18 8,159.02 2,667.60 1,229.43 235.84 185.50 296.92 81.74 10,681.79 18,999.24 3,442.80 2,699.52 208.82 1,085.20 501.41 471.44 453.79 704.81 125,000.00 1,300.00 2,413.92 133.38 479.69 73,112.90 296.16 194.45 102•51 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name FIRESERVICE MANAGEMENT LTD FIRESERVICE MANAGEMENT LTD FIRSTLINE MORTGAGES FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORGETFULLL DEE CLOWN AND FRIENDS FRANK COWAN COMPANY LIMITED FRANKE,STEPHANIE& FRANKE, JURGEN FRED BRUGMAN G K SERVICES CANADA INC GALES GAS BARS GALLARDI,LOUIS ROBERT GALT MACHINE KNIFE SAW GARY WEAVER PLUMBING HEATING GEORGE BAILEY GILBERT,MARGARET CLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD CLADDING SALES AGENCY LTD GLENTEL WIRELESS CENTRE GLOBALSTAR CANADA SATELLITE CO GLOBALSTAR CANADA SATELLITE CO GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GRAYBAR ELECTRIC LTD GREAT LAND INC GREEN,BRUCE GREEN,PAMELA DORA GROUND AERIAL MAINTENANCE LTD GROUND AERIAL MAINTENANCE LTD GTA TRANSMISSION TECHNOLOGIES INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUY UNGARO LLB IN TRUST, NALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HAMDANI DRYCLEANERS LTD HAMILTON,STEPHEN HAMILTON,STEPHEN HAMILTON STORE FIXTURES LTD HANG UPS 99 HANG UPS 99 HARD ROCK CONSTRUCTION INC HARKES INDUSTRIES INC HARPER POWER PRODUCTS INC HARPER POWER PRODUCTS INC HARPER POWER PRODUCTS INC HARRISON,DENISE HARRISON,TODD HARTMAN,ROBERT JOHN HAYGAR ENTERPRISES HECO HERTZ EQUIPMENT RENTAL HETEK SOLUTIONS INC HEUSER,ELIZABETH HICKS,ROSS JAMES HOLMAN,GEOFF HORVAT,ROSE ALPHONSINE HOWARTH,J P IN2ITIVE GROUP INC INDEPENDENT SUPPLY CO LTD INGENIOUS SOFTWARE INTEGRITY INDUSTRIAL ABSORBENT PRODUCTS INTERSTATE BATTERY SYSTEMS OF HAMILTON IOANNONI,CARMINE ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD IULIANO,MAUREEN J &B J &B JACKSON,CHRISTINE Cheque No. Cheque Date Purpose 315221 13- Nov -2007 MAINTENANCE /REPAIRS 315418 20- Nov -2007 MAINTENANCE /REPAIRS 314901 30- Oct -2007 TAX REFUND PETTINGILL 315222 13- Nov -2007 MATERIALS 315419 20- Nov -2007 STORES /INVENTORY 314902 30 -Oct -2007 REMITTANCE ENTERTAINMENT 315420 20- Nov -2007 REMITTANCE RE: DEDUCTIBLE BIL 315421 20- Nov -2007 TAX REFUND -PAPP OVERPAY'T 10 315223 13- Nov -2007 MATERIALS 315073 06- Nov -2007 MATERIALS 315422 20- Nov -2007 FUEL 315423 20- Nov -2007 SERVICE DEPOSIT REFUND RE 81: 315224 13- Nov -2007 MATERIALS 315005 30- Oct -2007 MATERIALS 315424 20- Nov -2007 MATERIALS 315225 13- Nov -2007 REFUND DRIVER MEDICAL 11/07 315074 06- Nov -2007 MATERIALS 315226 13- Nov -2007 MATERIALS 315425 20- Nov -2007 STORES /INVENTORY 315426 20- Nov -2007 MAINTENANCE /REPAIRS 315075 06- Nov -2007 SUBSCRIPTION 315427 20- Nov -2007 UTILITIES 314904 30- Oct -2007 MATERIALS 315076 06- Nov -2007 MATERIALS 315227 13- Nov -2007 MATERIALS 315428 20- Nov -2007 REFUND APPEALS 2007 55,56,69 315228 13- Nov -2007 REFUND HALLOWE'EN SUPPLIES 315429 20- Nov -2007 TAX REFUND -PAPP OVERPAY'T 10 314905 30- Oct -2007 CONTRACT SERVICES 314906 30 -Oct -2007 CONTRACT SERVICES 315430 20- Nov -2007 MATERIALS 315077 06- Nov -2007 STORES /INVENTORY 315229 13- Nov -2007 STORES /INVENTORY 315431 20- Nov -2007 STORES /INVENTORY 315338 13- Nov -2007 REFUND 314907 30 -Oct -2007 MAINTENANCE /REPAIRS 315078 06- Nov -2007 CONTRACT SERVICES 315230 13- Nov -2007 CONTRACT SERVICES 314908 30 -Oct -2007 MATERIALS 315079 06- Nov -2007 UNIFORM DRYCLEANING 315016 05- Nov -2007 PETTY CASH 315432 20- Nov -2007 PETTY CASH REIMB 11/07 315353 14- Nov -2007 MATERIALS 314909 30 -Oct -2007 MATERIALS 315232 13- Nov -2007 MATERIALS 315080 06- Nov -2007 CONTRACTED SERVICES- HOLDBA 314910 30 -Oct -2007 MATERIALS 315082 06- Nov -2007 MATERIALS 315233 13- Nov -2007 MATERIALS 315433 20- Nov -2007 MAINTENANCE /REPAIRS 315434 20- Nov -2007 TAX REFUND -PAPP OVERPAY'T 10 315083 06- Nov -2007 TRAVEL/MILEAGE SEPTEMBER /07 315234 13- Nov -2007 REFUND DAMAGE DEPOSIT 315235 13- Nov -2007 MATERIALS 314911 30 -Oct -2007 EQUIPMENT 315435 20- Nov -2007 CONTRACT SERVICES 315084 06- Nov -2007 CONSULTING SERVICES 315436 20- Nov -2007 TAX REFUND -PAPP OVERPAY'T 10 315437 20- Nov -2007 SERVICE DEPOSIT REFUND RE 61, 315085 06- Nov -2007 TRAVEUMILEAGE 315238 13- Nov -2007 TAX/WATER REBATE 2007 314913 30- Oct -2007 REFUND OF SERVICE DEPOSIT 315440 20- Nov -2007 MATERIALS 315441 20- Nov -2007 MATERIALS 315240 13- Nov -2007 MATERIALS 315442 20- Nov -2007 MATERIALS 315443 20- Nov -2007 MATERIALS 314914 30 -Oct -2007 TRAVEUMILEAGE 315241 13- Nov -2007 SAFETY BOOTS 314915 30 -Oct -2007 REFUND OF SERVICE DEPOSIT 315086 06- Nov -2007 MATERIALS 315242 13- Nov -2007 MATERIALS 314916 30- Oct -2007 TRAVEUMILEAGE oct/07 Page 4 of 10 Amount 174.76 411.08 310.79 3,306.00 1,474.18 475.00 7,803.82 166.69 337.50 109.00 395.07 750.00 738.55 728.39 210.90 75.00 912.78 1,194.61 4,434.33 187.30 18.51 146.07 741.43 702.21 193.80 7,556.70 68.92 148.46 31,587.69 12,117.05 6,042.00 367.65 345.76 257.19 1,950.64 1,097.25 156.75 1,148.55 77.84 176.19 673.48 1,009.87 7,063.37 262.64 297.62 5,300.00 231.97 1,106.81 7,652.79 1,064.03 277.00 528.00 750.00 1,342.79 11,725.71 2,173.25 2,598.63 164.09 750.00 99.00 100.00 750.00 1,008.90 442.40 159.00 1,025.62 341.18 177.83 359.07 750.00 37.10 37.10 44.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name JACKSON,DAVE JAGGER HIMS LIMITED JAX COMMERCIAL FITNESS EQUIPMENT REPAIR JESSOP,JIM JOHNNY ROCCO'S ITALIAN GRILL JOHNSTON,BRAD JONES,CATHY KAN DU POOLS LTD KCM CONSTRUCTION MAINTENANCE KCM CONSTRUCTION MAINTENANCE KEARNS,EDWARD KELLY DIGS LANDSCAPING KELLY DIGS LANDSCAPING KENWORTH TORONTO LTD KERRY T HOWE ENGINEERING LTD KINGSVILLE ESSEX ASSOCIATED BAND KNEABONE,RONALD KNOWLTON PASS ELECTRONICS INC KNOWLTON PASS ELECTRONICS INC KRAHN,FRANK KRAHN,FRANK KRAWCZYK CONSTRUCTION MAINTENANCE KRAY,EVELYN KRKLJUS,MILKA KRONSTEIN,MARK KUCHYT,TOM KUCHYT,TOM KUIPERS,JANET LAKE'S MAINTENANCE LAKE'S MAINTENANCE LATOPLAST LTD LATOPLAST LTD LEE,PACK LEMON,BLAIR LINCOLN WELLAND REGIMENT BAND LINDSAY PRESS LIVE ON REQUEST TECHNOLOGY SERVICES INC LOGIX LOUTH NIAGARA ORCHARDS LUKOWSKI,JOANNE SOGNA LUNDY'S LANE BIA LUNT,MARGARET M L SUPPLY FIRE AND SAFETY M J DUMONT ENTERPRISES LTD MA,PETER MAIN FERRY BIA MAIURI,TODD MALMAR HOLDINGS LTD MANPOWER MANPOWER MARTY'S MENS WEAR MASCARIN,RUDY MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING MAVES,DIANE MAXIMUM ARREST FORCE INC MCCONNELL,LUCILLE MCG PRODUCTIONS MCLENNAN,ERIC MCLEOD SAVOIE AUTO AND TRUCK SERVICE LTD MCNAMARA,SUSAN MCRAE,LEN MEDIA PRO INC MESHKIS,JEFF METRO PLUMBING HEATING MILNE,BOB MINERVINI,DOMENIC MINERVINI,DOMENIC MINISTER OF FINANCE /MINISTRY OF TRANSPORTATION MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE Cheque No. Cheque Date Purpose 315087 06- Nov -2007 TRAVEUMILEAGE 315243 13- Nov -2007 CONSULTING SERVICES 315244 13- Nov -2007 MAINTENANCE /REPAIRS 314918 30 -Oct -2007 OFM SECONDMENT TRAVEUMILE/ 315502 20- Nov -2007 CONTRACT SERVICES 314919 30 -Oct -2007 TRAVEUMILEAGE 315245 13- Nov -2007 REIMBURSEMENT PURCHASE PL 315246 13- Nov -2007 REFUND 315088 06- Nov -2007 MAINTENANCE /REPAIRS 315445 20- Nov -2007 MAINTENANCE /REPAIRS 314920 30- Oct -2007 REMITTANCE 314921 30- Oct -2007 CONTRACT SERVICES 315089 06- Nov -2007 CONTRACT SERVICES 314922 30- Oct -2007 MATERIALS 315247 13- Nov -2007 CONTRACT SERVICES 315248 13- Nov -2007 CONTRACT SERVICES 314923 30 -Oct -2007 REFUND 314924 30- Oct -2007 MAINTENANCE /REPAIRS 315446 20- Nov -2007 CONTRACT SERVICES 315090 06- Nov -2007 REMITTANCE 315447 20- Nov -2007 CONTRACT SERVICES 314925 30 -Oct -2007 MAINTENANCE /REPAIRS 315249 13- Nov -2007 REFUND 315448 20- Nov -2007 REFUND 315250 13- Nov -2007 TRAVEUMILEAGE 315091 06- Nov -2007 TRAVEUMILEAGE 315449 20- Nov -2007 REFUND 315251 13- Nov -2007 TRAVEUMILEAGE 314927 30- Oct -2007 MAINTENANCE /REPAIRS 315252 13- Nov -2007 MAINTENANCE /REPAIRS 315253 13- Nov -2007 STORES /INVENTORY 315450 20- Nov -2007 STORES /INVENTORY 315479 20- Nov -2007 REFUND 315451 20- Nov -2007 REMITTANCE 315255 13- Nov -2007 SANTA CLAUS PARADE /07 315093 06- Nov -2007 MATERIALS 315256 13- Nov -2007 LEASES AND RENTS 315453 20- Nov -2007 REMITTANCE 315257 13- Nov -2007 MATERIALS 315163 07- Nov -2007 REFUND 315258 13- Nov -2007 2007 3RD INSTALLMENT 315259 13- Nov -2007 REFUND 315464 20- Nov -2007 MATERIALS 314942 30- Oct -2007 CONTRACT SERVICES 314931 30 -Oct -2007 REFUND 315260 13- Nov -2007 2007 3RD INSTALL 315454 20- Nov -2007 REMITTANCE 315455 20- Nov -2007 REFUND 314930 30- Oct -2007 ADMINISTRATIVE 315456 20- Nov -2007 CONTRACT SERVICES 315457 20- Nov -2007 CLOTHING 314932 30 -Oct -2007 REFUND 315094 06- Nov -2007 CONSULTING SERVICES 315261 13- Nov -2007 CONSULTING SERVICES 315458 20- Nov -2007 CONSULTING SERVICES 315262 13- Nov -2007 TRAVEUMILEAGE 314933 30 -Oct -2007 MATERIALS 315263 13- Nov -2007 TRAVEL /MILEAGE 315459 20- Nov -2007 CONTRACT SERVICES 315264 13- Nov -2007 REFUND 315460 20- Nov -2007 EQUIPMENT 315265 13- Nov -2007 TRAVEUMILEAGE 314934 30 -Oct -2007 REFUND 315096 06- Nov -2007 PRINTED MATERIAL 315098 06- Nov -2007 BOOT AND CLOTHING ALLOWANC 314935 30 -Oct -2007 CONTRACT SERVICES 315461 20- Nov -2007 SAFETY SHOES 314936 30 -Oct -2007 REFUND 315099 06- Nov -2007 TRAVEUMILEAGE 315162 07- Nov -2007 REMITTANCE 314938 30- Oct -2007 PAYROLL REMITTANCE EHT 314939 30 -Oct -2007 PAYROLL REMITTANCE EHT 314940 30- Oct -2007 SUBSCRIPTION Page 5 of 10 Amount 145.00 6,105.36 3,072.60 4,026.52 500.00 150.00 300.00 15.00 3,816.00 2,929.84 80.00 6,042.00 3,434.40 470.49 159.27 1,500.00 750.00 577.80 5,597.40 75.00 225.00 483.36 100.00 795.52 36.00 387.64 150.00 76.75 2,449.77 2,449.66 294.12 775.65 23.00 60.00 750.00 39.90 228.00 143.10 2,420.67 750.00 70,000.00 200.00 7,674.48 682.29 773.80 36,112.50 45.00 14,137.41 852.32 191.34 969.01 80.00 3,307.20 1,078.02 1,215.78 96.00 1,633.74 96.00 636.00 750.00 6,150.30 102.00 60.00 148.20 398.99 12,357.30 113.87 49.99 290.00 162.00 51,776.94 3,418.36 134.09 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 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 MISENER,ROB MODERN LANDFILL INC MONTEITH -BROWN PLANNING CONSULTANTS MONTGOMERY BROS NORTHLAND SUPPLY MONTGOMERY BROS NORTHLAND SUPPLY MOORE,KEN MOORE,RON MORANDIN,JOSEPH B MOROCCO,JOHN MORRISSEY,DENYSE MORTON,DALE MOTOR COACH INDUSTRIES LIMITED MOTOR COACH INDUSTRIES LIMITED MOTOR COACH INDUSTRIES LIMITED MURPHY AUDIO MURRAY,CHERYL MUSSARI,TOM MY COUNTRY DELICATESSEN NATIONAL BANK OF CANADA NEW FOOD BOX THE NIAGARA CHAIR A VAN NIAGARA CHAIR A VAN NIAGARA COLLEGE BROADCASTING DEPARTMENT 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 ART GALLERY 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 INFLATABLES NIAGARA INFLATABLES NIAGARA LOCK SAFE NIAGARA MEMORIAL MILITARIES BAND NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA ON THE LAKE HYDRO INC NIAGARA REGION CHILDREN'S SAFETY VILLAGE NIAGARA REGIONAL POLICE SERVICE NIAGARA SOUND SYSTEMS NIAGARA SPRING SERVICE LTD NIAGARA TENTS EVENTS NIAGARA THIS WEEK NIAGARA THIS WEEK NIAGARA.COM NORJOHN LTD NORJOHN LTD NORTHERN PAINTERS NRU PUBLISHING INC NUNES,PATRICK OATLEY,SHAWN OMERS OMERS ONTARIO POWER GENERATION INC ONTARIO TAX SALES INC O N YEAMA -AS O N YE,SAM MY ORLANDO,LINA Cheque No. Cheque Date Purpose 314941 30- Oct -2007 REMITTANCE 315101 06- Nov -2007 PUBLICATIONS 315463 20- Nov -2007 PST REMITTANCE 314937 30- Oct -2007 PAYROLL REMITTANCE 315100 06- Nov -2007 PAYROLL REMITTANCE 315266 13- Nov -2007 PAYROLL REMITTANCE 315462 20- Nov -2007 PAYROLL REMITTANCE 315267 13- Nov -2007 SANTA CLAUS /07 314943 30 -Oct -2007 CONTRACT SERVICES 315102 06- Nov -2007 CONSULTING SERVICES 314944 30- Oct -2007 CONTRACT SERVICES 315103 06- Nov -2007 CONTRACT SERVICES 315269 13- Nov -2007 REFUND 315270 13- Nov -2007 SANTAS PARTY /07 315465 20- Nov -2007 REFUND 315271 13- Nov -2007 REMITTANCE 315466 20- Nov -2007 TRAVEL /MILEAGE 315467 20- Nov -2007 TRAVEUMILEAGE SEP /OCT /07 314945 30- Oct -2007 MATERIALS 315104 06- Nov -2007 PARTS 315272 13- Nov -2007 PARTS 315273 13- Nov -2007 LEASES AND RENTS 315105 06- Nov -2007 REFUND 315274 13- Nov -2007 P CASH REIMBURSEMENT 315275 13- Nov -2007 MEETING EXPENSE 314946 30- Oct -2007 REFUND 314947 30- Oct -2007 CONCESSION SUPPLIES 314948 30 -Oct -2007 GRANT 315468 20- Nov -2007 GRANT 315276 13- Nov -2007 SANTAS PARTY /07 314954 30- Oct -2007 PAYROLL REMITTANCE UNION DI 314955 30- Oct -2007 PAYROLL REMITTANCE LTD 315109 06- Nov -2007 PAYROLL REMITTANCE 315279 13- Nov -2007 PAYROLL REMITTANCE 315473 20- Nov -2007 PAYROLL REMITTANCE 314949 30 -Oct -2007 GRANT 314950 30- Oct -2007 CONTRACT SERVICES 315106 06- Nov -2007 REMITTANCE 315470 20- Nov -2007 CONTRACT SERVICES 314951 30- Oct -2007 REFUND WATER ARREARS 314952 30- Oct -2007 UTILITIES 315107 06- Nov -2007 REMITTANCE WATER ARREARS 315108 06- Nov -2007 UTILITIES 315277 13- Nov -2007 WATER ARREARS REMIT NOV. 1; 315278 13- Nov -2007 UTILITIES 315471 20- Nov -2007 WATER ARREARS REMITTANCE 315472 20- Nov -2007 UTILITIES 314956 30- Oct -2007 REMITTANCE 315280 13- Nov -2007 SANTAS PARTY /07 314957 30- Oct -2007 CONTRACT SERVICES 315281 13- Nov -2007 SANTA CLAUS PARADE /07 315474 20- Nov -2007 CONTRACT SERVICES 314958 30 -Oct -2007 UTILITIES 315475 20- Nov -2007 CONTRACT SERVICES 315282 13- Nov -2007 CONTRACT SERVICES 315110 06- Nov -2007 CONTRACT SERVICES 315111 06- Nov -2007 PARTS 315283 13- Nov -2007 LEASES AND RENTS 315112 06- Nov -2007 ADVERTISING 315476 20- Nov -2007 ADVERTISING 315469 20- Nov -2007 CONTRACT SERVICES 315284 13- Nov -2007 CONTRACT SERVICES 315477 20- Nov -2007 CONTRACT SERVICES 315478 20- Nov -2007 CONTRACT SERVICES 315113 06- Nov -2007 SUBSCRIPTION 315285 13- Nov -2007 CLAUS PARADE /07 315114 06- Nov -2007 TRAVEUMILEAGE 314959 30 -Oct -2007 PAYROLL REMITTANCE OCTOBEI 314960 30 -Oct -2007 PAYROLL REMITTANCE LIBRARY 315115 06- Nov -2007 REMITTANCE 314961 30 -Oct -2007 REGISTRATION FEES 315286 13- Nov -2007 REFUND 315287 13- Nov -2007 REFUND Page 6 of 10 Amount 2,200.00 346.09 6,358.79 1,640.46 1,640.46 1,565.46 1,404.38 200.00 2,442.80 1,281.77 254.40 909.72 4,800.00 150.00 750.00 264.00 115.50 249.00 2,095.77 1,542.82 656.56 530.00 182.40 222.18 50.73 1,877.69 1,671.00 29,692.92 29,692.92 500.00 2,935.00 4,802.50 2,911.52 2,911.52 2,911.52 28,000.00 38,843.19 25.00 38,843.19 11, 520.05 152,820.22 17,829.36 7,694.34 5,602.19 3,660.76 5,078.99 746.02 262.20 262.20 116.56 750.00 1,273.20 50.65 4,172.00 35.00 230.57 756.39 1,305.30 212.00 819.54 152.06 19,043.06 101,823.32 13,186.40 560.74 500.00 12.00 353,032.80 20,286.42 1,971.60 6,201.00 150.00 100.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name P R W EXCAVATING CONTRACTORS LTD PAGENET OF CANADA INC PAGENET OF CANADA INC PALMER,WENDALL PANTUSA,BRIAN PATTERSON,FRANCIS& PATTERSON, PATRICIA PAUL N. KROWCHUK IN TRUST PAUL N. KROWCHUK IN TRUST PEC ROOF MAINTENANCE PENINSULA ABSTRACT INC PENINSULA CONSTRUCTION INC PENINSULA CONSTRUCTION INC PENINSULA PEST CONTROL LTD PENINSULA PURE WATER PENINSULA PURE WATER PEOPLE 2 DESIGN PERRI,PASQUALE PERRICELLI,TONY PERSONAL TOUCH MAID SERVICE COMPANY LIMITED THE PETERS EXCAVATING INC PHILIPS ENGINEERING PHILIPS ENGINEERING PHILIPS ENGINEERING PIERSON,DOUG PIETRANGELO,DAN PIGEON,ROGER PINCHIN ENVIRONMENTAL PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PINERIDGE TREE SERVICE LTD PINTER,MARGARET POLEGATO,GARY POTTS,JESSICA PRATA,GUY PRAXAIR PREVOST COACH TRANSIT PRINCESS AUTO PROJECT SHARE PROJECT SHARE PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL DESIGN PUROLATOR COURIER PUROLATOR COURIER PUROLATOR COURIER REPCO. R J SMITH EQUIPMENT INC R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RACO AUTO SUPPLY LTD RAKOCEVIC,DANILO RANKIN CONSTRUCTION INC RASHID,ALMAS RBC LIFE INSURANCE COMPANY RBC LIFE INSURANCE COMPANY REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL FOR CANADA RECEIVER GENERAL FOR CANADA RECREATIONAL PLAYSYSTEMS REDA,GIOVANNI RIDLEY ASSOCIATES APPRAISAL SERVICES LIMITED RIGG MOONEY MONUMENTS ROBERT LAND ACADEMY ROBERTSON,BRIAN RODAN COMMUNICATIONS ROGERS WIRELESS INC RONALD C ELLENS APPRAISALS INC Cheque No. Cheque Date Purpose 315494 20- Nov -2007 CONTRACT SERVICES 315116 06 -Nov -2007 CONTRACT SERVICES 315480 20- Nov -2007 CONTRACT SERVICES 314962 30- Oct -2007 REFUND 314963 30 -Oct -2007 REFUND 315481 20- Nov -2007 ADMINISTRATIVE 314926 30 -Oct -2007 DEPOSIT 7964 BEAVERDAMS ROi 315355 15- Nov -2007 CITY PURCHASE 7964 BEAVERDF 315482 20- Nov -2007 MAINTENANCE /REPAIRS 315485 20- Nov -2007 CONTRACT SERVICES 315117 06- Nov -2007 CONTRACT SERVICES 315484 20- Nov -2007 CONTRACT SERVICES 314964 30- Oct -2007 CONTRACT SERVICES 315288 13- Nov -2007 CONTRACT SERVICES 315483 20- Nov -2007 CONTRACT SERVICES 315289 13- Nov -2007 CONTRACT SERVICES 315118 06- Nov -2007 REFUND 315486 20- Nov -2007 REFUND 315290 13- Nov -2007 CONTRACT SERVICES 315119 06- Nov -2007 CONTRACT SERVICES 314965 30 -Oct -2007 CONSULTING SERVICES 315120 06- Nov -2007 CONTRACT SERVICES 315487 20- Nov -2007 CONTRACT SERVICES 315291 13- Nov -2007 REFUND 315292 13- Nov -2007 SAFETY SUPPLIES 315121 06- Nov -2007 REFUND 314967 30- Oct -2007 CONTRACT SERVICES 314968 30- Oct -2007 CONTRACT SERVICES 315122 06- Nov -2007 CONTRACT SERVICES 315293 13- Nov -2007 CONTRACT SERVICES 315488 20- Nov -2007 REFUND 315294 13- Nov -2007 REFUND 315489 20 -Nov -2007 TRAVEL /MILEAGE 314969 30- Oct -2007 TRAVEL /MILEAGE 315490 20- Nov -2007 LEASES AND RENTS 315296 13- Nov -2007 PARTS 315491 20- Nov -2007 PARTS 314970 30- Oct -2007 GRANT 315492 20- Nov -2007 GRANT 315297 13- Nov -2007 CONTRACT SERVICES 315493 20- Nov -2007 REFUND 314972 30- Oct -2007 COURIER 315123 06- Nov -2007 COURIER 315298 13- Nov -2007 COURIER 315304 13- Nov -2007 MATERIALS 314980 30- Oct -2007 AUTOMOTIVE SUPPLIES 314981 30- Oct -2007 UNIFORM APPAREL 315131 06- Nov -2007 UNIFORM APPAREL 314973 30- Oct -2007 STORES /INVENTORY 315124 06- Nov -2007 STORES /INVENTORY 315299 13- Nov -2007 STORES /INVENTORY 315495 20- Nov -2007 STORES /INVENTORY 315125 06- Nov -2007 REFUND 315300 13- Nov -2007 CONTRACT SERVICES 314974 30- Oct -2007 REFUND 314975 30 -Oct -2007 REFUND 315301 13- Nov -2007 REMITTANCE 314976 30- Oct -2007 REGISTRATION FEES 314977 30 -Oct -2007 PAYROLL REMITTANCE 315126 06- Nov -2007 PAYROLL REMITTANCE 315302 13- Nov -2007 PAYROLL REMITTANCE 315496 20- Nov -2007 PAYROLL REMITTANCE 314978 30- Oct -2007 PAYROLL REMITTANCE 315127 06- Nov -2007 PAYROLL REMITTANCE 315128 06- Nov -2007 MAINTENANCE /REPAIRS 315497 20- Nov -2007 REFUND 315130 06- Nov -2007 CONTRACT SERVICES 315501 20- Nov -2007 MAINTENANCE /REPAIRS 315306 13- Nov -2007 SANTA CLAUS PARADE /07 315305 13- Nov -2007 REFUND 315132 06- Nov -2007 CONTRACT SERVICES 315503 20- Nov -2007 UTILITIES 315307 13- Nov -2007 CONSULTING SERVICES Page7of 10 Amount 12,508.00 363.41 363.41 200,00 150.00 8,496.87 11,800.00 106,994.29 923.61 190.58 5,645.65 5,300.00 809.84 155.00 85.00 609.50 150.00 150.00 1,039.00 13,510.66 2,308.26 208.21 10,250.01 50.00 148.19 64.18 3,366.56 3,784.20 954.00 3,027.36 750.00 770.00 220.50 27.50 147.67 131.44 147.66 25,412.67 25,412.67 606,254.89 750.00 52.47 131.06 95.74 360.81 1,919.64 144.31 577.35 725.73 1,227.74 806.39 228.00 750.00 24,176.04 300.00 472.64 1,208.40 6,010.20 167,439.22 167,833.32 157,985.51 161,138.41 168.86 155.54 314.64 437.77 879.10 185.50 350.00 125.39 377.63 2,430.47 831.50 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name RRVP (NIAGARA SQ. INC) C/O RIOCAN PROPERTY SERVICES RUDACHUK,PHILIP SACCO,DOLORES SACCO CONSTRUCTION SAFEDESIGN APPAREL LTD SAFEDESIGN APPAREL LTD SAFETY TODAY SAGE,DON SAINT MICHAEL HIGH SCHOOL SAINT PAUL HIGH SCHOOL SALCI,TED SALCI,TED SCOTIABANK SCOTIABANK SCOTIABANK SCOTIABANK SCOTT,CHRIS SEALER WORKS SEALER WORKS SEGLINS,JONATHAN SERVICEMASTER OF NIAGARA SHAHEEN PEAKER LTD SHAHEEN PEAKER LTD SHRED IT CANADA TORONTO SHRED IT KITCHENER SHUTTLER,JOHN THEODORE SICO INC SIDEWALKS PLUS SIGNATURE SIGNS SINGULAR PRODUCTIONS LIMITED SMITH,HECTOR JR SMITH INDUSTRIAL SUPPLY SOMERVILLE,GREG SOUTH CENTRAL ONTARIO WATER WORKS ASSOCIATION SPARKS,BRIAN STAMFORD COLLEGIATE STANTE,SISINO STE CROIX,LESTER J STEED EVANS LIMITED STRANGES,LOU STRANGES,TOM STRATEGY CORP STREAMLINE SULLIVAN MAHONEY SUN LIFE OF CANADA SUN LIFE OF CANADA SUNBURST PROMOTION SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD SUPERIOR PROPANE INC TAG INC TAIT,CINDY TAYLOR,MARK ALEXANDER TECHNICAL STANDARDS SAFETY AUTHORITY TELUS INTEGRATED COMMUNICATIONS TELUS MOBILITY TELUS MOBILITY THE CAMERA PLACE FOTO SOURCE THE CANADIAN BAR ASSOCIATION THE CITY OF ST ALBERT THE DRAFTING CLINIC CANADA LTD THE EMPIRE LIFE INSURANCE CO THE EMPIRE LIFE INSURANCE CO THE ONTARIO HISTORICAL SOCIETY THE PEPSI BOTTLING GROUP THE PEPSI BOTTLING GROUP THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD THE PRINTING HOUSE LTD Cheque No. Cheque Date Purpose 315504 20- Nov -2007 REFUND 315308 13- Nov -2007 TRAVEL /MILEAGE 315133 06- Nov -2007 PETTY CASH REPLENISHMENT 315505 20- Nov -2007 CONTRACT SERVICES 314983 30 -Oct -2007 PROTECTIVE WEAR 315134 06- Nov -2007 FIREFIGHTER CLOTHING 315506 20- Nov -2007 STORES /INVENTORY 315507 20- Nov -2007 REFUND 315309 13- Nov -2007 SANTA CLAUS PARADE /07 315310 13- Nov -2007 SANTA CLAUS PARADE /07 314833 29 -Oct -2007 TRAVEL/MILEAGE 315508 20- Nov -2007 TRAVEL /MILEAGE 315135 06- Nov -2007 REMITTANCE 315136 06- Nov -2007 REFUND 315354 14- Nov -2007 U S DRAFT 315509 20- Nov -2007 U S DRAFT 315510 20- Nov -2007 SAFETY SHOES 315311 13- Nov -2007 CONTRACT SERVICES 315511 20- Nov -2007 MATERIALS 315312 13- Nov -2007 SANTA CLAUS PARADE /07 315313 13- Nov -2007 REFUND 315137 06- Nov -2007 CONSULTING SERVICES 315314 13- Nov -2007 CONSULTING SERVICES 315512 20- Nov -2007 CONTRACT SERVICES 315315 13- Nov -2007 CONTRACT SERVICES 315513 20- Nov -2007 REFUND 315316 13- Nov -2007 STORES /INVENTORY 314984 30 -Oct -2007 CONTRACT SERVICES 315138 06- Nov -2007 SIGNS 315139 06- Nov -2007 MAINTENANCE /REPAIRS 315317 13- Nov -2007 REFUND 315514 20- Nov -2007 MATERIALS 314985 30 -Oct -2007 REFUND 315140 06- Nov -2007 MEMBERSHIP 315141 06- Nov -2007 TRAVEL /MILEAGE 315318 13- Nov -2007 REMITTANCE 314986 30- Oct -2007 REFUND 315319 13- Nov -2007 REFUND 315515 20- Nov -2007 CONTRACT SERVICES 315142 06- Nov -2007 TRAVEL/MILEAGE 315320 13- Nov -2007 REFUND 315516 20- Nov -2007 CONTRACT SERVICES 315143 06- Nov -2007 MAINTENANCE /REPAIRS 315144 06- Nov -2007 CONSULTING SERVICES 315518 20- Nov -2007 REMITTANCE 315519 20- Nov -2007 REMITTANCE 315321 13- Nov -2007 SANTAS PARTY /07 314988 30- Oct -2007 FUEL 315145 06- Nov -2007 FUEL 315322 13- Nov -2007 FUEL 315323 13- Nov -2007 FUEL 315517 20- Nov -2007 FUEL 315324 13- Nov -2007 COFFEE SUPPLIES 315520 20- Nov -2007 FUEL 315325 13- Nov -2007 PARTS 315521 20- Nov -2007 REFUND 315522 20- Nov -2007 SERVICE DEPOSIT REFUND 315327 13- Nov -2007 CONTRACT SERVICES 315523 20- Nov -2007 CONTRACT SERVICES 315328 13- Nov -2007 CONTRACT SERVICES 315329 13- Nov -2007 UTILITIES 315040 06- Nov -2007 MATERIALS 315384 20- Nov -2007 MEMBERSHIP REMITTANCE 07 -08 314870 30 -Oct -2007 REMITTANCE J. KALLIO 314888 30 -Oct -2007 MAINTENANCE /REPAIRS 314894 30 -Oct -2007 REMITTANCE EMPL BENEFITS 315068 06- Nov -2007 OCTOBER REMITTANCE PLAN G4 314990 30- Oct -2007 MEMBERSHIP 315146 06- Nov -2007 CONCESSION SUPPLIES 315330 13- Nov -2007 CONCESSIONS SUPPLIES 314991 30- Oct -2007 OFFICE SUPPLIES 315331 13- Nov -2007 BUSINESS CARDS 315524 20- Nov -2007 BUSINESS CARDS Page 8 of 10 Amount 119,083.32 212.50 586.28 5,300.00 263.72 40,535.74 504.79 150.00 100.00 100.00 1,155.00 1,155.00 114,544.80 1,341.19 2,349.00 18,366.20 150.00 233.20 137.80 400.00 750.00 4,394.76 424.00 68.90 68.90 2,156.47 435.78 4,884.48 416.10 1,676.94 750.00 1,057.92 300.00 70.00 62.82 100.00 1,148.00 750.00 88,361.38 26.00 300.00 7,953.40 287.28 543.78 261,580.83 301.80 800.00 37,756.29 39,510.57 2,628.74 54,837.25 18,986.33 633.25 1,039.87 411.63 230.27 750.00 100.00 2,712.75 1,586.77 2,602.49 314.64 598.90 302.30 444.37 31,692.66 30,686.81 30.00 989.17 501.73 55.86 124.26 684.00 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 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 SALVATION ARMY ST CATHARINES CITADEL BAND TIM HORTONS STORE #30 TIM HORTONS STORE #30 TOOLBOX TOTTEN SIMS HUBICKI ASSOCIATES TOTTEN SIMS HUBICKI ASSOCIATES TOUCHSTONE SITE CONTRACTORS TOWNSEND'S AMUSEMENTS TRADEMARK AUTOMOTIVE TRAPASSO,JACK TRI COMMITTEE OF ONTARIO TROTTIER,KENT TURF CARE PRODUCTS CANADA LIMITED TWARDAWSKY,NICK TYERS,SUSAN UAP INC #963 UAP INC #963 UAP INC #963 UAP INC #963 URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC URBAN MARKETING COLLABORATIVE VACCA,ROCCO VACCARO,NICK VADIM COMPUTER MANAGEMENT GROUP LTD VALUE ADDED SYSTEMS INC VAN DE LAAR,DAVE VANCOR SUPPLY VANCOR SUPPLY VANDEN BUSSCHE IRRIGATION VANDYKE,HARRY VANEVERY,SHANNON VICTORIA CENTRE BIA WAJAX INDUSTRIES WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WARNER,BILL WASTE MANAGEMENT WAYNE SAFETY INC WEIGHT WATCHERS WEIR FOULDS WELDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WESTLANE SECONDARY SCHOOL WHITE,PATRICK WILLOUGHBY VOLUNTEER FIREFIGHTERS' ASSOCIATION WINGER,TERRI WINTER FESTIVAL OF LIGHTS WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILLIAM W K WRIGHT FUELS INC WSIB WSIB WSIB WWP ASSOCIATES EMERGENCY CONSULTING YELLOW PAGES GROUP YMCA YOUNG SOD FARMS LTD YWCA ST CATHARINES Cheque No. Cheque Date Purpose 314832 26- Oct -2007 ADMINISTRATIVE 314979 30 -Oct -2007 SIGNS 315129 06- Nov -2007 MATERIALS 315303 13- Nov -2007 SIGNS 315498 20- Nov -2007 WATER AND WASTE CHARGES 315499 20- Nov -2007 REMITTANCE 315500 20- Nov -2007 MATERIALS 315525 20- Nov -2007 ADVERTISING 315332 13- Nov -2007 CLAUS PARADE /07 314993 30 -Oct -2007 MATERIALS 315334 13- Nov -2007 MATERIALS 315526 20- Nov -2007 TOOLS 314994 30 -Oct -2007 CONSULTING SERVICES 315147 06- Nov -2007 CONSULTING SERVICES 314995 30 -Oct -2007 CONTRACT SERVICES 315335 13- Nov -2007 SANTAS PARTY /07 314996 30- Oct -2007 MATERIALS 314997 30- Oct -2007 REFUND 315148 06- Nov -2007 REMITTANCE 314998 30- Oct -2007 REFUND 315149 06- Nov -2007 MATERIALS 315150 06- Nov -2007 TRAVEL/MILEAGE 315336 13- Nov -2007 TRAVEL /MILEAGE 314999 30- Oct -2007 STORES /INVENTORY 315151 06- Nov -2007 STORES /INVENTORY 315337 13- Nov -2007 STORES /INVENTORY 315527 20- Nov -2007 STORES /INVENTORY 315152 06- Nov -2007 CONTRACT SERVICES 315339 13- Nov -2007 CONSULTING SERVICES 315528 20- Nov -2007 CONSULTING SERVICES 315529 20- Nov -2007 CONTRACT SERVICES 315153 06- Nov -2007 REFUND 315530 20- Nov -2007 REFUND 315531 20- Nov -2007 CONTRACT SERVICES 315340 13- Nov -2007 EQUIPMENT 315154 06- Nov -2007 REFUND 315341 13- Nov -2007 MATERIALS 315532 20- Nov -2007 MATERIALS 315533 20- Nov -2007 MATERIALS 315534 20- Nov -2007 TRAVEL/MILEAGE 315342 13- Nov -2007 ADMINISTRATIVE 315343 13- Nov -2007 2007 3RD INSTALL 315001 30- Oct -2007 EQUIPMENT 315003 30- Oct -2007 CONTRACT SERVICES 315156 06- Nov -2007 CONTRACT SERVICES 315344 13- Nov -2007 CONTRACT SERVICES 315002 30- Oct -2007 SHEET TOP 315155 06- Nov -2007 SHEET TOP ASPHALT 315345 13- Nov -2007 SANTA CLAUS PARADE /07 315004 30- Oct -2007 CONTRACT SERVICES 315536 20- Nov -2007 STORES /INVENTORY 315165 07- Nov -2007 REMITTANCE 315006 30- Oct -2007 CONSULTING SERVICES 315158 06- Nov -2007 CONTRACT SERVICES 315007 30 -Oct -2007 STORES /INVENTORY 315346 13- Nov -2007 SANTA CLAUS PARADE /07 315537 20- Nov -2007 REFUND 315347 13- Nov -2007 REFUND 315008 30- Oct -2007 CONTRACT SERVICES 315009 30 -Oct -2007 GRANT 315538 20- Nov -2007 GRANT 315010 30 -Oct -2007 GRANT 315539 20- Nov -2007 GRANT 315540 20- Nov -2007 CONTRACT SERVICES 315541 20- Nov -2007 FUEL 315012 30- Oct -2007 ADMINISTRATIVE 315013 30 -Oct -2007 PAYROLL REMITTANCE LIBRARY 315348 13- Nov -2007 ADMINISTRATIVE 315349 13- Nov -2007 CONTRACT SERVICES 315542 20- Nov -2007 UTILITIES 315351 13- Nov -2007 CONTRACT SERVICES 315352 13- Nov -2007 SOD 315014 30- Oct -2007 GRANT Page 9 of 10 Amount 2,300.00 9,123.71 8,774.35 129.60 1,6 18,743.44 125.00 2,488.47 10,200.50 300.00 69.48 34.74 683.95 19,938.51 1,919.35 3,040.21 1,272.00 1,122.90 143.63 260.00 125.39 197.79 125.50 90.00 185.70 148.97 373.44 389.06 11,277.38 1,099.75 2,965.56 5,300.00 750.00 750.00 3,055.66 8,441.70 150.00 1,133.16 13,557.45 121.10 37.50 100.00 55,000.00 134,092.50 203.00 81.51 352.62 3,427.26 577.91 600.00 50.65 886.47 3,136.00 6,901.96 102.60 93.93 400.00 300.00 654.35 65.00 31,666.67 31,666.67 2,083.33 2,083.33 8,592.57 102,303.65 29,596.99 541.20 63,213.18 2,078.50 31.06 9,094.80 2,297.24 5,181.83 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Page 10 of 10 Vendor Name Cheque No. Cheque Date Purpose Amount YWCA ST CATHARINES 315544 20- Nov -2007 GRANT 5,181.83 ZABOR,RICK 315160 06- Nov -2007 REFUND 120.00 ZAMBONI COMPANY LTD 315161 06- Nov -2007 CONTRACT SERVICES 910.58 Total 8,300,524.86 December 10, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2007 -45 Treasurer's Write -Off Report NiagaraJalls Working Together to Serve Our Community F- 2007 -45 RECOMMENDATION: That the property tax accounts listed in this report be removed from the City's accounts. BACKGROUND: Section 354 (2) of The Municipal Act states that "The Treasurer of a municipality shall remove unpaid taxes from the tax roll if, (a) the council of the local municipality, on the recommendation of the treasurer, writes off the taxes as uncollectible, or (b) the taxes are no longer payable as a result of tax relief under section 319, 345, 357,358, 362, 365.1 or 365.1 or 365.2 or a decision of any court.2001,c. 25,s. 354 (2); 2002, c. 17, Sch. A, s." Staff has attempted to collect the following tax accounts, and has determined that the properties were either assessed incorrectly, or deemed to be uncollectible. 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca orporate Services Department Finance December 10, 2007 Properties Assessed Incorrectly or Failed Tax Sales The following properties should be written off: Roll No. 020 006 10700 Name Address Corporation City of Niagara Falls Simcoe St 060 014 08700 130 001 02100 130 001 07500 Kendall, Margaret Sherk Rd NS 130 002 14600 Bevan, Jack Sembay, Jerry Sodom Rd ES The portion of City taxes has been included in the General Purposes Budget. This amount includes taxes and accrued penalties totaling $53,476.96. The balance of $35,401.67 will be recovered from the Region and School Boards. Recommended by: Approved by: Respectfully submitted: AF:Iw Barnett, Steven Heather 5,212.59 5665 Prince Edward Ave. Corporation City of Niagara Falls Huron Blvd ES Amount Total $88,878.63 Todd larrison, cting Director of Finance John Mac 2 F- 2007 -45 9,776.14 $16,704.24 $24,100.51 Ken Burden, Acting Executive Director of Corporate Services Reason $33,085.15 Failed Tax Sale Assessed Wrong by MPAC Failed Tax Sale Failed Tax Sale Failed Tax Sale nald, Chief Administrative Oiticer December 10, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Niag araj1all s CANADA Re: F- 2007 -46 Financing for the Construction of the Four -Pad Arena Complex F- 2007 -46 That Council approve an application be made to the Regional Municipality of Niagara to issue debentures up to a maximum of $29,500,000 for the construction of the four -pad arena complex. That Council approve interim financing up to a maximum of $29,500,000 from the City's financial institution for the construction of the four -pad arena complex. BACKGROUND: On May 7, 2007, City Council approved the development of the four -pad arena complex and the accompanying capital budget for the project. The capital budget of $34.7 million would be funded by several funding sources, including $29.5 million in long term financing. The project has already expended 1,351,000 in consultant and architectural fees. On September 24, 2007, City Council approved the tender for site cleaning and sub surface work at a cost of 2,863,100. This work has begun and will require cash flows to match the progress payments. CITY'S AUTHORITY AND CAPACITY: The Province of Ontario, through its Municipal Finance Branch of the Ministry of Municipal Affairs and Housing, provides an annual report called the Annual Repayment Limit (ARL) for the City of Niagara Falls. The ARL is 25% of the City's own source revenues as reported in the City's Financial Information Return. For 2007, the City's annual repayment limit is approximately $28.5 million. The City's actual debt repayment for 2007 is $4,481,865. reef, 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 December 10, 2007 2 F- 2007 -46 The provincial rule is applied at each incurrence of additional borrowing. For instance, during the 2007 year, the Council approved $2,820,000 additional debt and staff provided evidence to the Regional Municipality of Niagara that the City is still conforming to the provincial rule. Staff advise that the City has the authority and the capacity to obligate itself to an additional borrowing of up to $29,500,000. The annual principal and interest payments for 20 years at 6.0% would be approximately $2,568,000, and would probably begin in the year 2010. A longer term of 40 years at 6.0% would require approximately $1,972,000 in annual principal and interest payments. FINANCING PLAN Staff has reviewed two options for financing the construction of the four -pad arena complex. The preferred option is being recommended by staff for the following reasons: the City's financial institution offers interim financing at a competitive rate. the interim financing instrument is readily available and does not require a requisition process through the Regional Municipality. the long term financing offered through debentures can exceed the standard term for conventional project financing. the long term financing cost for debentures is competitive to the other option considered. long term financing through the other option can be considered by the Region when the time comes. The other option for financing is offered through the Infrastructure Ontario Loan Program (IOLP). This financing authority offers both interim (construction loan) and long term financing. The process for obtaining the funds is routed through the Regional Municipality and requires compliance and approval through an application procedure. Funds are advanced on a requisition basis. IOLP offers competitive financing rates that are based on the capital markets. BORROWING BY LAW REQUIREMENTS Staff advise the City's current borrowing bylaw does not provide for the financing for the construction of the four -pad arena complex. As with any borrowing, the Council must pass bylaws that authorize the borrowing, and that specifically refer to its purpose. A bylaw for borrowing long term is required to request the Region of Niagara to debenture on behalf of the City. A second bylaw for borrowing short term is required to authorize the City to obtain a loan from the City's financial institution. Staff has prepared the two borrowing bylaws for the construction of the four -pad arena complex. These bylaws are available for approval given the approval of the recommendations in this report. December 10, 2007 CONCLUSION City Council has approved the development of the four -pad arena complex. The $34.7 million project will be partially funded by $29.5 million in long term financing. During the construction period, the City will need interim financing for construction progress payments. The City has the authority and capacity to approve the additional borrowing because its current debt servicing payment is below the City's annual repayment limit. Staff recommends long term debentures through the Regional Municipality and interim financing through the City's financial institution to finance the $29.5 million. Recommended by: Approved by: Respectfully submitted: Todd Harrison, ct ng Director of Financial Services Ken Burden, Acting Executive Director of Corporate Services 3 F- 2007 -46 o c John uacDonald, Chief Administrati'?e Officer December 10, 2007 HR- 2007 -13 Members: Re: HR- 2007 -13 CAO Performance Evaluation Process RECOMMENDATION: BACKGROUND: Niag ara CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Upon the recommendation of The Human Resources Committee at its November 12, 2007 meeting, that the following performance evaluation process, including the leadership competencies and objectives, be approved and implemented by Council beginning in the new fiscal year. In October 2007, Council approved the revised C.A.O. By -law and job description, based on recommendations from the Human Resources Committee. While there is a non -union performance appraisal system within the City of Niagara Falls, there is no formal and /or objective system in place to evaluate the performance of the Chief Administrative Officer. Council and the Chief Administrative Officer have indicated that a performance evaluation system for this position is important to ensure that Council's priorities /expectations are clearly outlined and identified. In addition, the C.A.O. should be provided with fair, objective and timely feedback on his /her performance. These priorities and performance expectations would be cascaded down to the various divisions and departments and become the basis of which the performance of senior management is measured and evaluated within the organization. At its meeting on November 12` the Human Resources Committee discussed and reviewed a new performance evaluation process for the Chief Administrative Officer. This process would be adapted according to Council strategic priorities. However, the evaluation would consist of key goals and objectives (in alignment with the current strategic priorities) and an opportunity to rate the Chief Administrative Officer on his /her leadership competencies. Been Street, RO. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Human Resources December 10, 2007 THE ANNUAL PERFORMANCE CYCLE AND PROCESS For the Council's consideration and discussion, the following is a recommended process for the annual appraisal of the Chief Administrative Officer: Goal Setting Mid -Year Review Year End Review October December Final Performance Review for previous fiscal year, self appraisal' Process and Timeline Goal Setting Jan -March CAO identifies objectives for next year Mid Year Reviews June -July Progress review meeting with Council 2 HR- 2007 -13 Monitoring April ongoing Ongoing monitoring of objectives, Council feedback, problem Solving By the end of the January, the C.A.O. submits his /her goals and objectives to the Chair of the Human Resources Committee. These goals and objectives are aligned with Council priorities and budgetary parameters Members of the Human Resources Committee shall meet to review these goals in order to make specific recommendations to Council. No later than the end of the first quarter (March), The Chief Administrative Officer shall meet with Council of the Whole to discuss, finalize and confirm these goals. Monitoring The C.A.O. is encouraged to provide regular updates on the progress of the defined objectives. The Mayor and Council provide regular and ongoing feedback and support to the C.A.O. regarding the development of the agreed upon priorities and objectives. During a designated council meeting during the mid -year (June or July), the C.A.O. will present a progress report for the information of Council. While a formal review would not be required at this time, it will provide feedback and possible re- alignment of priorities, goals and resources. December 10, 2007 Year End Review SUMMARY CONCLUSION Best practice research suggests that a performance evaluation process is necessary for the Chief Administrative Officer to ensure that Council priorities and expectations are achieved. It is also necessary to better facilitate learning and an improved performance and service culture within the organization. For the Council's review, the performance evaluation system and process of the Chief Administrative Officer, is attached for review and input. Recommended by: Approved by: In the last quarter (preferably by late October), the C.A.O. shall do a self assessment on his /her leadership competencies, annual objectives and list of accomplishments. This assessment is submitted to the Chair, H.R. Committee and /or designated member(s). The Mayor and /or designated members of the H.R. Committee shall convene an "in camera" December meeting with Council to review and finalize the C.A.O. evaluation. By early January, The H.R. Committee designate, compiles the Council feedback and arranges a meeting with the C.A.O. to discuss the evaluation. Within two weeks of this meeting, the C.A.O. will be provided the opportunity to discuss his /her evaluation, (at an in camera meeting) with all members of Council and clarify his /her objectives for the coming year. By the end of January, the C.A.O. will sign off on his /her performance evaluation. Respectfully submitted: Trent Dark, Dir r of Human Resources K. E. Burden, Acting Executive Director of Corporate Services 3 HR- 2007 -13 ft Johr cDonald, Chief Administrative Officer Purpose To establish and maintain effective City Council and Chief Administrative Officer (CAO) relations, it is essential that the ongoing review process be established. The review should focus on how effectively the CAO is accomplishing the priorities established by Council, and how the CAO is carrying out his responsibilities in key performance areas. More specifically, the review provides: a regular opportunity for the CAO and City Council to discuss their working relationship, providing feedback they may not give or receive on a day -to -day basis the opportunity to head off potentially serious problems simply by making all of the parties involved aware of all the issues time for City Council to discuss accomplishments and how the CAO has been working with other staff to achieve the priorities of City Council and the community. the opportunity to develop an action plan. City Council is able to confirm or redirect efforts. Core Competencies Comments 1. Organizational Management and Leadership Delegates authority responsibly to Division Directors and staff while retaining ultimate accountability for staff performance. Reviews administration and operation of City Divisions and makes recommendations to improve efficiency and effectiveness Explores alternatives and presents well thought- out and properly documented recommendations. Takes responsibility for setting realistic objectives for the organization based on the priorities of City Council. Knows when to act and when to defer action. Has the capability and willingness to make hard decisions when required, and accepts responsibility for those decisions and those of staff. Monitors staff engagement and ensures an organizational culture that facilitates employee learning and development. Exceeds Expectations Meets Expectations Meets Some Expectations Does Not Meet Expectations Chief Administrative Officer Performance Review Form Page 4 of 8 Core Competencies Rating Comments 2. Fiscal and Business Management Makes informed, reasoned, and responsible budgetary and financial recommendations and Exceeds Expectations decisions. Meets Expectations Displays a clear understanding of the City's Meets Some financial resources and the priorities of the City Expectations Council Does Not Meet Recommends terms and conditions of collective agreements to Council and ensures their implementation Expectations Effectively oversees the maintenance, preservation and operation of City facilities, buildings, and equipment. Recommends priorities for human and fiscal resources and allocation of funds Maintains respectful and productive relationships with bargaining units. 3. Communication and Relationship with Mayor and City Council Maintains effective and timely communication, both verbal and written, with the Mayor and City Exceeds Expectations Council. Meets Expectations Maintains availability to elected officials, both Meets Some personally and through designated staff. Expectations Establishes and maintains a system of reporting of Does Not Meet current City plans and activities. Expectations Plans, organizes, and submits materials for presentation to the Council in clear, concise, and comprehensive manner. Is sensitive to Council concerns and priorities. Responsive to inquiries /suggestions from Council. Provides adequate expertise and guidance, recommendations and alternatives in policy making, while respecting the integrity of the City Council as a body. Responds equally to Mayor and members of Council and implements directives as a whole rather than individually. Keeps Council appropriately informed about organizational status and changes. Provides appropriate support to Council. Page 5 of 8 Core Competencies Rating Comments 4. Community and Intergovernmental Relations Effectively communicates Council policies and decisions to the public and others. Exceeds Expectations Establishes and maintains an image of the City to Meets Expectations the community that represents quality services and professionalism. Meets Some Expectations Possesses and promotes an attitude of service, courtesy, and sensitivity to the public. Does Not Meet Expectations Promptly responds to and addresses citizen inquiries and public concerns. Maintains awareness of developments in the community and other governmental jurisdictions that may relate to or affect the City. Maintains effective working relationships with groups and other governmental jurisdictions with which the City is involved or interfaces. Viewed positively by others both inside and outside the organization. 5. Personal and Professional Traits Demonstrates composure, appearance and attitude consistent with an executive position. Exceeds Expectations Maintains personal integrity. Actions and Meets Expectations decisions reflect moral and ethical standards. Meets Some Expectations Unbiased in decision making and presents rational and impersonal view points based on facts and qualified opinions. Does Not Meet Expectations Innovative and self- motivated. Values personal and professional development and endeavours to increase ability to serve and perform. Page 6 of 8 Core Competencies Summary Rating Exceeds Meets Meets Some Does Not Meet Signatures: CAO On behalf of the Mayor and City Council Overall Performance Rating Goals Objectives Summary Rating Exceeds Meets Meets Some Does Not Meet Council Comments: CAO Comments: Page 7 of 8 Date Date Overall Performance Rating Exceeds Meets Meets Some Does Not Meet E 2 E E ƒ t c ID Oil 2 o o E c 0 Q. CO E o 2 k �mk o //2 e o o w "cis o Ell E2 2 0 W m \r E 2 2 0a °O /2E. \R 0 0 E o 7a$ c E E E e E -Q 2 k 3 o L. cc V o 2 y as a) e C' E e e e o 5E 2� ��=cm g f¢� E§ a\ L==q /2O o> 92 wn ¥a ow December 10, 2007 L- 2007 -54 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niagaraflalls C A N A D A Re: L- 2007 -54 Options to Purchase The Monastery of Mount Carmel and 1149948 Ontario Limited (Anthony Zappitelli and Alfredo VaraIli) Niagara Convention Centre Our File No.: 2006 -259 1) That the City exercise and act upon the Option to Purchase entered into between The Monastery of Mount Carmel and Niagara Convention and Civic Centre Inc., which Option to Purchase has been assigned to The Corporation of the City of Niagara Falls. Attached to this Report as Attachment "1" is the Option to Purchase and Assignment. 2) That the City exercise and act upon the Option to Purchase entered into between 1149948 Ontario Limited and Niagara Convention and Civic Centre Inc., which Option to Purchase has been assigned to The Corporation of the City of Niagara Falls. Attached to this Report as Attachment "2" is the Option to Purchase and Assignment. 3) That the Mayor and Clerk be authorized to execute any and all documents required to give effect to the Options to Purchase. On October 29, 2007, Council accepted the recommendations contained in Report BDD- 2007 -05, a copy of which is attached to this Report as Attachment "3 wherein the City accepted the Assignment from Niagara Convention and Civic Centre Inc. of the Option to Purchase approximately 2.62 acres of land fronting on the west side of Stanley Avenue, from The Monastery of Mount Carmel; and the Assignment from Niagara Convention and 0 Queen Street, RO. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services December 10, 2007 Civic Centre Inc. of the Option to Purchase approximately 4.0 acres of land fronting on the west side of Stanley Avenue, from 1149948 Ontario Limited, respectively. These Options enable the City to purchase the lands that will be the site of the Niagara Convention and Civic Centre at a price of $1,000,000.00 an acre. Based upon a preliminary R -Plan of the properties prepared byAndrew Cameron O.L.S. dated November 21, 2007, the area of The Monastery of Mount Carmel parcel is approximately 2.25349 acres and the area of the 1149948 Ontario Limited parcel is approximately 3.804423 acres. The purchase price of the lands is $1,000,000.00 an acre making the purchase price of The Monastery of Mount Carmel lands approximately $2,353,490.00 and the purchase price of the 1149948 Ontario Limited lands approximately $3,804,423.00. Payment will be made out of funds that the City will receive from Falls Management Company. Falls Management Company is contributing towards the cost of the Convention Centre to discharge its commitment to Ontario Lottery and Gaming Corporation to provide an attractor in the City of Niagara Falls. The Options must be exercised before the end of the year. Recommended by: Approved by: Respectfully submitted: K. Beaman /jh Attachments 2 L- 2007 -54 Kenneth L. Beaman, City Solicitor K. E. Acting Executive Director of Corporate Services e A dministrati Joh �jj'. cDonald, Chief Officer THIS ASSIGNMENT made the 20`" day of September, A.D. 2007. BETWEEN: (J Niagara Convention and Civic Centre Inc. Hereinafter referred to as "NCCC" Party of the FIRST PART -and The Corporation of the City of Niagara Falls Hereinafter referred to as the "City" Party of the SECOND PART. ASSIGNMENT WHEREAS the Niagara Convention and Civic Centre Inc. has entered into the attached Option Agreement dated July, 2007 between The Monastery of Mount Carmel and Niagara Convention and Civic Centre Inc.(hereinafter referred to as "the Option Agreement respecting the option of lands described therein for the purpose of a Convention and Civic Centre. AND WHEREAS it is now deemed desirable for NCCC to assign its rights in the Option Agreement to the City since the City is intending to develop and own the Convention and Civic Centre as a Municipal Capital Facility pursuant to the ,Municipal Act, 2001. NOW THEREFORE THIS AGREEMENT WITNESSETH as follows: 1. NCCC hereby agrees to assign all of its right, title and interest in the Option Agreement to the City. Iftworr -2- 2. The City accepts all of the right, title and interest of NCCC in the Option Agreement. DATED at Niagara Falls, Ontario this 3 day of October, 2007. DATED at Niagara Falls, Ontario this day of-Set beg, 2007. NIAGARA CONVENTION AND CIVIC CENTRE INC. Per: "We have authority to bind the corporation" THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: can Iorfid Title: City Clerl Name: R.T. (Ted) Salci Title: M. or Option to Purchase TO: Niagara Convention and Civic Centre Inc. (the Purchaser) IN CONSIDERATION of One Dollar ($1.00), receipt of which is acknowledged, The Monastery of Mount Carmel (the "Vendor grants to the Purchaser the irrevocable option to purchase the Vendor's property being approximately 2.62 acres of land having a frontage on Stanley Avenue of approximately 45 metres and a depth of approximately 606 feet as hatched in the attached Schedule "A hereinafter referred to as the "Property for the purchase price of One Million Dollars ($1,000,000.00) per acre payable as follows: Cash or certified cheque on closing subject to the usual adjustments. Purchase price is based on the price of One Million Dollars ($1,000,000.00) per acre rounded to four decimal places as certified by an Ontario Land Surveyor. This option is exercisable by notice in writing delivered to The Monastery of Mount Carmel, Spiritual Centre, 7021 Stanley Avenue, Niagara Falls, Ontario, Attention: Father Stanley Makacinas prior to December 31, 2007, after which time this option shall be null and void, and the Vendor shall be entitled to retain the sum paid for the granting of the option. The Vendor, at the request of the Purchaser, may extend the time for the exercise of this option in one month intervals, provided the Vendor is satisfied that the Purchaser is making sufficient progress in furtherance of the financing and development of the proposed project. The Vendor's discretion herein is absolute and not subject to review. When exercising this option there shall be paid to the Vendor as a deposit the sum of One Hundred Thousand Dollars ($100,000.00), which sum shall be held by the Vendor's solicitor, Mr. Randy Boyce of Martin Sheppard Fraser LLP in trust, pending completion of the sale, or other termination of the agreement arising from the exercise of the option. This option and the Agreement of Purchase and Sale, in the event that the option is exercised, is not assignable by the Purchaser without the consent of the Vendor, such consent not to be unreasonably withheld provided, however, that the said option or agreement may be assigned without the Vendor's approval to the Corporation of the City of Niagara Falls or to a Corporation established by the City under the provisions of the Municipal Act and regulations made thereunder for the purpose of facilitating the Convention and Trade Centre. Upon a change in control of the Purchaser Corporation without the Vendor's consent, this option shall be null and void. The Vendor and the Purchaser hereby acknowledge that the Vendor is granting to the Purchaser an option for the purchase of the lands for the purpose of facilitating the construction of a new Convention and Trade Centre facility. The option may only be exercised to accomplish this purpose. This option shall not be registered against the title of the Vendor. On the option being exercised, the following shall be the terms of the agreement of purchase and sale of the property: 1. The deposit of One Hundred Thousand Dollars ($100,000.00) by cash or certified cheque paid to the Vendor, as a deposit upon the exercise of the option, shall be held by the Vendor's solicitor in trust pending completion or other termination of the agreement of purchase and sale. This amount is to be credited to the purchase price on completion of this transaction. 2. The balance of the purchase price for the property shall be paid on the date of completion, subject to the usual adjustments. The said sum shall be paid by cash or certified cheque to the Vendor on closing. 3. The sale shall be completed on the 180th day after the date of the exercise of the option, unless on that day the Land Registry Office is closed, in which case the sale shall be completed on the next following day when the office is open. 4. This agreement is conditional upon the Purchaser obtaining, at its sole expense, (a) Consent to sever the property. The Vendor will co- operate in signing such documentation as is necessary to make the Application. In the event that any conditions are imposed on the severance, it shall be the Purchaser's responsibility to satisfy the conditions. In the event that a condition is imposed upon the remnant, the Vendor, if not satisfied with the condition, may terminate this agreement; and (b) Any Re- Zoning, Official Plan Amendment and Site Plan Approval that is required by the City of Niagara Falls or the Regional Municipality of Niagara to allow for the development on the property of a new Convention and Trade Centre facility. The Vendor hereby authorizes the Purchaser to proceed, at the Purchaser's expense, with such applications as may be necessary for the Re- Zoning, Site Plan Approval, or Official Plan Amendment and further agrees to sign the requisite documents for such applications and to do all things reasonably necessary in support thereof; and (c) Good, valid and acceptable agreements to purchase or lease, as the case may be, the other lands and any easements required for the purpose of developing the Convention and Trade facility as shown on Schedule "B" attached hereto; and (d) All environmental laws and regulations have been complied with, no hazardous conditions or substances exist on the land, no limitations or restrictions affecting the continued use of the property exist, other than those specifically provided for herein, no pending litigation respecting Environmental matters; no outstanding Ministry of Environment and Energy Orders, investigation, charges or prosecutions respecting Environmental matters exist; there has been no prior use as a waste disposal site, and all applicable licenses are in force. The Vendor agrees to provide to the Purchaser upon request all documents, records, and reports relating to environmental matters in possession of the '3 Vendor. The Vendor further authorizes the Ministry of the Environment of the Province of Ontario to release to the Purchaser, his Agent or Solicitor, any and all information that may be on record in the Ministry office with respect to the said property. Unless the Purchaser gives notice in writing delivered to the Vendor by three (3) business days prior to the date for closing of this transaction that all of the preceding conditions have been fulfilled, this agreement shall be null and void and the deposit shall be returned to the Purchaser in full without interest. This condition is included for the sole benefit of the Purchaser and may be waived in whole or part at his option by notice in writing to the Vendor within the time period stated herein. 5. The Vendor will discharge any outstanding mortgages or liens on or before closing. 6. The Purchaser shall be permitted to inspect the property immediately prior to the date of completion. 7. Vacant possession shall be given on the date of completion 8. The title of the property shall be good and free from all encumbrances except as to any registered restrictive covenants, provided they are complied with. 9. The Purchaser is to be allowed fifteen (15) days from the date of the exercise of this option to examine the title of the property, and if within that time any valid objection is made in writing to title which the Vendor shall be unable or unwilling to remove, remedy or satisfy and which the Purchaser will not waive, this agreement shall be null and void notwithstanding any intermediate acts or negotiations in respect of that objection, and the Vendor shall refund to the Purchaser the amount paid for the granting of the option together with the deposit without interest. 10. The Purchaser agrees to provide to the Vendor as of the exercise of the option, a survey commissioned by the Purchaser and a certificate of the surveyor indicating the exact acreage of land being purchased up to four decimal places. The Vendor agrees to grant the Purchaser and his authorized Agent the right to enter the property for the purpose of surveying and conducting soil tests prior to the completion of this transaction. Such permission does not extend to any alteration of the lands, servicing work, removal of trees, soil, or any other activity which would alter the current state of the property. 11. The Purchaser is not to call for the production of any title deed, survey or other evidence of title, except as may be in the possession of the Vendor or under the control of the Vendor. 12. If this transaction is subject to the Goods and Services Tax (G.S.T.), then such tax shall be in addition to the purchase price. "4" 13. There are no representations, warranties, collateral agreements or conditions relating to the property except as specified in this agreement. 14. Documents necessary to transfer title shall be prepared by the Vendor's solicitor. 15. Tender of documents or money or notices as provided in this agreement may be made on the solicitor for either party, and money may be tendered by certified or banker's cheque. 16. Time shall be of the essence of this agreement. 17. Upon closing: a. A restrictive covenant shall be registered against the lands for the benefit of the adjoining lands owned by the Vendor, that the subject lands will not be used for any purpose other than the construction of a Convention Trade Centre facility having approximately 200,000 total square footage of building. Once a Convention Trade Centre facility having approximately 200,000 total square footage of building, the Owner may apply for a release of this covenant from the Owner of the adjoining lands and the release shall be given. This covenant shall run with the lands. b. The Vendor and the Purchaser shall enter into an option to purchase agreement which shall be registered on title, immediately after the deed, granting the Vendor the option to repurchase the property for One Million Dollars ($1,000,000.00) per acre in the event that a Convention Trade Centre facility having approximately 200,000 total square footage of building is not commenced to be constructed within ten (10) months of closing. The intent of this option shall be to reconvey lands to the Vendor who have offered the lands for the purchase of the Convention Trade Centre facility in the event construction of the Convention Trade does not proceed in a timely manner. The option may be exercised between ten (10) months and sixteen (16) months following closing in the event construction does not commence within ten (10) months of closing. The terms of this option shall apply mutatis mutandis to the Vendor's option to repurchase. 18. The aforesaid are the complete terms of the option granted by the Vendor, and there are no representations warranties, collateral agreements or conditions relating to the property except as specified in this option. SIGNED, SEALED AND DELIVERED in the presence of SIGNED, SEALED AND DELIVERED in the presence of 5 DATED at Niagara Falls, Ontario, this S day of J u J t) 2007. Per: The undersigned accepts the above terms of the option. DATED at Niagara Falls, Ontario, thisa Y day off uc_ THE MONASTERY OF MOUNT CARMEL Per: Tcn Saks Father Stan Makacinas "I have authority to bind the corporation" 2007. NIAGARA CONVENTION AND CIVIC CENTRE INC. Frank Lallsrna "I have authority to bind the corporation" Dunn Street 1 1-I 14' 11 I 1 •S 21 I 1, 4 H WWII T b 4 1---11i 1.4 4 4, P4 all 4-,- r.....w.;:: .1 L 'I. i 4,5. 4 7` 4 VL. a .RAI.I(W. 2 11.41.1(2: 2 7 t I 7 r- t l I I m `.2 s s .4: •_••••■,Lt 1 I 7. 0 I'M r i ..I 1 1 i l 1164, ,i.' kb 1 I cl) I tA•1 i 411:3 ''l ir,,I1 1 i f .i 1". 1 i l i. L. I .1•6 11 1 tiltigrilintill 11,1, ViRligeni4 i, [rE T il 1 1 D _.v., a. i 1/1 z 14 3 Ij I I i 1•4 ,C{” ,,,,,IIN PI 1.1 ilH 59R4726 N 1 I, 1 /I'll La I 1 i 1.., I rt f I e t 12 4 ■C'". n.... 4 4, N ks N I 1 I 7., r Lef5 k N'..-'' -i.t. Ir .1 PART 3 N 14 I ND. ill N i t i' ....e 1 G• Part 2, 59R-4226 1 1 1 9 I 11 0 ''c i r- 1 -1 1 M i I 4' rt: It, 1 .fr .,..n'id,,l' 6 1 RO •••■d 24 "ttgsiTh 1 ".1,)-1 1 1 k aT 31 li I 2s,‘ I II 1 131 i :a, 1 I'l Ili 1 1 Z.1 i 1 N 'Itli rT7 1 .1, 1 k. i 22 i ::-li■co•w c car— -ma— Iscrsi ---r McLeod 0- Rood lot 8 12 C frr Ria9rii Fails Convention Centre Site LEGEND A Canwates Property aPP.tol Properly C Ilia9ara Rego,fl land tiyiho LantL L r.'" t k s E A.Atti. t r.: r I 4 "0 .•>404k. if( I ff. ik rl' ,%;17).1Thilt. l N a puNN ST t.' „As: CLEOD RD -N t0 ■14).+ 0 IIVINGSIONE ST THIS ASSIGNMENT made the 20` day of September, A.D. 2007. BETWEEN: Niagara Convention and Civic Centre Inc. Hereinafter referred to as "NCCC" -and The Corporation of the City of Niagara Falls Hereinafter referred to as the "City" Party of the SECOND PART. ASSIGNMENT Party of the FIRST PART; WHEREAS the Niagara Convention and Civic Centre Inc. has entered into the attached Option Agreement dated May 2, 2006 and amended April 10, 2007 and October 10, 2007 between 1149948 Ontario Limited and Niagara Convention and Civic Centre Inc. (hereinafter referred to as "the Option Agreement respecting the option of lands described therein for the purpose of a Convention and Civic Centre. AND WHEREAS it is now deemed desirable for NCCC to assign its rights in the Option Agreement to the City since the City is intending to develop and own the Convention and Civic Centre as a Municipal Capital Facility pursuant to the Municipal Act, 2001. NOW THEREFORE THIS AGREEMENT WITNESSETH as follows: 1. NCCC hereby agrees to assign all of its right, title and interest in the Option Agreement to the City. 2. The City accepts all of the right, title and interest of NCCC in the Option Agreement. DATED at Niagara Falls, Ontario this .X day of October, 2007. Name: "We have authority to bind the corporation" DATED at Niagara Falls, Ontario this 0-41-fray of 9eeebei, 2007. -2- NIAGARA CONVENTION AND CIVIC CENTRE INC. Per: Name: THE CORPORATION OF THE CITY OF NIAGARA FALLS nn /c/,a Naive: R.T. (Ted) Salci Title: Ma Name: Dean orfida Title: City Clerk CONSENT WE HEREBY, consent to the above noted Assignment dated at Niagara Falls, Ontario this day of October, 2007. 1149948 ONTARIO LIMITED Per: Name: lfredo Varel i "We have authority to bind the corporation" 11- pr -2006 04:51pm From Broderick Partners 905 356 6904 T -487 P.002 /007 F -273 Option to Purchase TO: Niagara Convention and Civic Centre Inc. (the Purchaser) IN CONSIDERATION of One Dollar ($1.00), receipt of which is acknowledged, 1 149948 Ontario Limited (the "Vendor grants to the Purchaser the irrevocable option to purchase the Vendor's property being approximately four (4) acres of land having a frontage on Stanley Avenue of approximately 290 feet and a depth of approximately 606 feet as hatched in the attached Schedule, hereinafter referred to as the "Property", for the purchase price of One Million Dollars ($1,000,000.00) per acre payable as follows: Cash or certified cheque on closing subject to the usual adjustments. Purchase price is based on the price of One Million Dollars ($1,000,000.00) per acre rounded to four decimal places as certified by an Ontario Land Surveyor. This option is exercisable by notice in writing delivered to 1149948 Ontario Limited at Sheraton Fallsview Hotel Convention Centre, 6755 Fallsview Blvd., Niagara Falls, Ontario, L2G 3W7, Attention: Tony Zappitelli, prior to May 1, 2007, after which time this option shall be null and void, and the Vendor shall be entitled to retain the sum paid for the granting of the option. The Vendor, at the request of the Purchaser, may extend the time for the exercise of this option in one month intervals, provided the Vendor is satisfied that the Purchaser is making sufficient progress in furtherance of the financing and development of the proposed project. The Vendor's discretion herein is absolute and not subject to review. When exercising this option there shall be paid to the Vendor as a deposit the sum of One Hundred Thousand Dollars ($100,000.00), which sum shall be held by the Vendor's solicitors, Broderick Partners, in trust, pending completion of the sale, or other termination of the agreement arising from the exercise of the option. This option and the Agreement of Purchase and Sale, in the event that the option is exercised, is not assignable by the Purchaser without the consent of the Vendor, it being understood that the said option or agreement maybe assigned with the Vendor's approval to the Corporation of the City of Niagara Falls or to a Corporation established by the City under the provi sions of the Municipal Act and regulations made thereunder for the purpose of facilitating the Convention and Trade Centre. Upon a change in control of the Purchaser Corporation without the Vendor's consent, this option shall be null and void. The Vendor and the Purchaser hereby acknowledge that the Vendor is granting to the Purchaser an option for the purchase of the lands at less than market value for the purpose of facilitating the construction of a new Convention and Trade Centre facility. The option may only be exercised to accomplish this purpose. This option shall not be registered against the title of the Vendor. Upon registration of this option it shall become null and void. 1l- Apr-2006 04:51pm From-Broderick d Partners 905 356 6904 T -487 P.003/007 F -273 In the event that the Vendor receives a bona fide offer to purchase its property which includes the lands that are the subject matter of this option, the Vendor shall notify the Purchaser in writing and the Purchaser shall have twenty -one (2l) days to exercise the option. In the event that the option is not exercised within twenty-one (21) days, the option becomes null and void. On the option being exercised, the following shall be the tenns of the agreement of purchase and sale of the property: 1. The deposit of One Hundred Thousand Dollars ($100,000.00) by cash or certified cheque paid to the Vendor, as a deposit upon the exercise of the option, shall be held by the Vendor's solicitor in trust pending completion or other termination of the agreement of purchase and sale, This amount is to be credited to the purchase price on completion of this transaction. 2. The balance of the purchase price for the property shall be paid on the date of completion, subject to the usual adjustments. The said sum shall be paid by cash or certified cheque to the Vendor on closing. 3. The sale shall be completed on the 180th day after the date of the exercise of the option, unless on that day the Land Registry Office is closed, in which case the sale shall be completed on the next following day when the office is open. 4. This agreement is conditional upon the Purchaser obtaining, at its sole expense, (a) Consent to sever the property. The Vendor will co- operate in signing such documentation as is necessary to make the Application. In the event that any conditions are imposed on the severance, it shall be the Purchaser's responsibility to satisfy the conditions. In the event that a condition is imposed upon the remnant, the Vendor, if not satisfied with the condition, may terminate this agreement; and (b) Any Re- Zoning, Official Plan Am endment and Site Plan Approval that is required by the City of Niagara Falls or the Regional Municipality of Niagara to allow for the development on the property of a new Convention and Trade Centre facility. The Vendor hereby authorizes the Purchaser to proceed, at the Purchaser's expense, with such applications as may be necessary for the Re- Zoning, Site Plan Approval, or Official Plan Amendment and further agrees to sign the requisite documents for such applications and to do all things reasonably necessary in support thereof; and (c) Good, valid and acceptable agreements to purchase or lease, as the case may be, the other lands and any easements required for the purpose of developing the Convention and Trade facility as shown on Schedule "B" attached hereto; and (d) All environmental laws and regulations have been complied with, no hazardous conditions or substances exist on the land, no limitations or restrictions affecting the 11H -2006 04:51pm From-Broderick Partners 3" 905 356 6904 T-487 P.004 /00T F -273 continued use of the property exist, other than those specifically provided for herein, no pending litigation respecting Environmental matters; no outstanding Ministry of Environment and Energy Orders, investigation, charges or prosecutions respecting Environmental matters exist; there has been no prior use as a waste disposal site, and all applicable licenses are in force. The Vendor agrees to provide to the Purchaser upon request all documents, records, and reports relating to environmental matters in possession of the Vendor. The Vendor further authorizes the Ministry of the Environment of the Province of Ontario to release to the Purchaser, his Agent or Solicitor, any and all information that may be on record in the Ministry office with respect to the said property. Unless the Purchaser gives notice in writing delivered to the Vendor by three (3) business days prior to the date for closing of this transaction that all of the preceding conditions have been fulfilled, this agreement shall be null and void and the deposit shall be returned to the Purchaser in full without interest. This condition is included for the sole benefit of the Purchaser and may be waived in whole or part at his option by notice in writing to the Vendor within the tirne period stated herein. 5. The Vendor will discharge any outstanding mortgages or liens on or before closing. 6. The Purchaser shall be permitted to inspect the property immediately prior to the date of completion. 7. Vacant possession shall be given on the date of completion 8. The title of the property shall be good and free from all encumbrances except as to any registered restrictive covenants, provided they are complied with. The Purchaser shall otherwise take the lands as is" and "where is 9. The Purchaser is to be allowed fifteen (15) days from the date of the exercise of this option to examine the title of the property, and if within that time any valid objection is made in writing to title which the Vendor shall be unable or unwilling to remove, remedy or satisfy and which the Purchaser will not waive, this agreement shall be null and void norwithstanding any intermediate acts or negotiations in respect of that objection, and the Vendor shall refund to the Purchaser the amount paid for the granting of the option together with the deposit without interest. 10. The Purchaser agrees to provide CO the Vendor as of the exercise of the option, a survey commissioned by the Purchaser and a certificate of the surveyor indicating the exact acreage o land being purchased up to four decimal places. The Vendor agrees to grant the Purchaser and his authorized Agent the right to enter the property for the purpose of surveying and conducting soil tests prior to the completion of this transaction. Such permission does not extend to any alteration of the lands, servicing work, removal of trees, soil, or any other alApr -2006 04 :52pm From Broderick Partners 905 356 6904 T -487 P.005 /007 F -273 activity which would alter the current state of the property. 11. The Purchaser is not to call for the production e Vendor or under the control f the Vendor. except as maybe in the possession 12. If this transaction is subject to the Goods and Services Tax (G.S.T.), then such tax shall be in addition to the purchase price. 13. There are no representations, warranties, collateral agreements or conditions relating to the property except as specified in this agreement. 14. Documents necessary to transfer title shall be prepared by the Vendor's solicitor. 15. Tender of documents or money or notices as provided in this agreement may be made on the solicitor for either party, and money may be tendered by certified or banker's cheque. 16. Time shall be of the essence of this agreement. 17. Upon closing: a. A restrictive covenant shall be registered against the lands for the benefit of the adj o� g lands owned by the Vendor, that the subject lands will not be used for any pttrp than the construction of a Convention Trade Centre facility with a minimum of 200,000 total square footage of building. Once a Convention Trade Centre facility with a minimum of 200,000 total square footage ofbuilding, the Owner may apply for a release of this covenant from the Owner of the adjoining lands and the release shall be given. This covenant shall run with the lands. b. The Vendor and the Purchaser shall enter into an option to purchase agreement which shall be registered on title, immediately after the deed, granting the Vendor the option to repurchase the property for Four Million Dollars ($4,000,000.00) in the event that a Convention Trade Centre facility with a minimum of 200,000 total square footage of building is not commenced to be constructed within ten (10) months of closing. The intent of this option shall be to reconvey lands to the Vendor who have offered the lands for the purchase of the Convention Trade Centre facility at less than market value in the event construction of the Convention Trade does not proceed in a timely manner. The option may be exercised between ten (10) months and sixteen (16) months following closing in the event construction does not commence within ten (10) months of closing. The terms of this option shall apply mutati s mutandis to the Vendor's option to repurchase. 18. The aforesaid are the complete terms of the option granted by the Vendor, and there are no 1,r 4pr LUD0 u4:RLpm rft1M er rar mere SIGNED, SEALED AND DELIVERED in the presence of SIGNED, SEALED AND DELIVERED in the presence of 5 representations, warranties, collateral agreements or conditions relating to the property except as specified in this option. DATED at Niagara Falls, Ontario, thi Per: nuo aaa o5u4 day of y 2006. 1149948 ONTARIO LIMITED The undersigned accepts the above terms of the option. DA-TED-at-Niagara Fails, O itario, this ,1 day of 2006. I 4o1 r• uuu /uul r t1 J "I have anth'rity to bind the corporation" NIAGARA C NYENTION AND CIVIC CENTRE IN "I have au ority to bind the co oration" Ix I 1 1 i i 1 I r �1 _1 ry -r I r T I ^I _J f u i x 1 1 1 Dunn Street W 4 w M.M. 44 r it c- It r 11 r t r 1( 1 0 1.14; i 1 ii I fbl 1, 59:T -17:6 L 1 1 1 r a E t 1 u� 4 r I v r o -I- w J— 1 r' 1 All i 1 i I ham 1111 T l �P y i ll -1 i yi i l (ill i 1 l l 1 I I! 1 413 1 t i�M'M. Pat 2. 59R -4726 McLeod• Rood 1" 1 j' f 1 1 u_ 4 11 1 1 1 %I''k31 3 I'rQT'_ 1.L1\-.►_.1.1..L..I. 1, n „n,.w•w M 410. 1 ,y ....AN I •4t 1 1 ill i gp» a q2 N y i i 4 tudNi 3 R)*E aura. t MAO —.4 E vention Centre Site 4-tiCat'. 111d 11S4 ttlasoi4t kac9clac Falls Co A Cannellites Property B Zapoitele Property Niagara Region Lands tt Hydro Lends LEGEND Li A FRONTENAC ST A i• t fy. rt :04 ..k ACLEAD RD 5•• Ai;!• c -e• I I •;T-3. St THIS AGREEMENT made the 10` day of April, A.D. 2007. BETWEEN: 1149948 Ontario Limited Hereinafter referred to as the "Vendor" Party of the FIRST PART; -and Niagara Convention and Civic Centre Inc. Hereinafter referred to as "Purchaser" Party of the SECOND PART; WHEREAS the Parties have executed an Option to Purchase lands owned by the Party of the First Part for the purpose of developing thereon a Convention and Trade Centre dated May 2, 2006; AND WHEREAS it is now deemed desirable by the Parties to amend the aforesaid Option to Purchase as hereinafter set forth. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual terms and conditions set forth, the Parties agree as follows: 1. The Option to Purchase between the Parties dated May 2, 2006 is hereby amended by deleting the words "May 1, 2007" from the 3rd line of the 3rd paragraph and by inserting in lieu thereof the words "November 1, 2007 2. The Parties agree that all other terms of the aforesaid Option to Purchase dated May 2, 2006 are to remain the same and time is to remain of the essence. DATED at Niagara Falls, Ontario this day of April, 2007. The undersigned accepts the above terms of the Option. DATED at Niagara Falls, Ontario this day of April, 2007. 1149948 ONTARIO LIMITED Per: "I have authority to bind the corporation" NIAGARA CONVENTION AND CIVIC CENTRE INC. Per: Pity Bica "I have authority o bind the corporation" THIS AMENDMENT TO THE OPTION TO PURCHASE AGREEMENT dated May 2, 2006 is made this 10` day of October, A.D. 2007. BETWEEN: 1149948 Ontario Limited Hereinafter referred to as the "Vendor" Party of the FIRST PART; -and Niagara Convention and Civic Centre Inc. Hereinafter referred to as "Purchaser" Party of the SECOND PART; WHEREAS the Parties have executed an Option to Purchase lands owned by the Party of the First Part for the purpose of developing thereon a Convention and Trade Centre dated May 2, 2006; AND WHEREAS the Parties have executed an extension to the Option to Purchase dated April 10, 2007; AND WHEREAS it is now deemed desirable by the Parties to further amend the aforesaid Option to Purchase as hereinafter set forth. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual terms and conditions set forth, the Parties agree as follows: 1. The Option to Purchase between the Parties dated May 2, 2006, as amended, is hereby further amended by deleting the words "November 1, 2007" from the 3rd line of the 3rd paragraph as amended and by inserting in lieu thereof the words "December 31, 2007 such that the Option must be exercised prior to December 31, 2007; 2. The words "the 180` day after the date of the exercise of the option" on page 2, paragraph number 3 of the Option is hereby deleted and the words "the 120` day after the date of the exercise of the option or sooner if the Purchaser is in funds from Falls Management Company and is able to do so" are inserted in lieu thereof. 3. The Parties agree that all other terms of the aforesaid Option to Purchase dated May 2, 2006, as amended, are to remain the same and time is to remain of the essence DATED at Niagara Falls, Ontario this l? day of October, 2007. 1149948 ONTARIO LIMITED Per: "We have authority to bind the corporation" The undersigned accepts the above terms of the Option. DATED at Niagara Falls, Ontario this a2. day of October, 2007. NIAGARA CONVENTION AND CIVIC CENTRE INC. Per: "We have authority to bind the corporation" October 29, 2007 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: BDD- 2007 -05 Niagara Convention Civic Centre RECOMMENDATION: Niagarafalls Working Together to Serve Our Community BDD- 2007 -05 The recommendation(s) contained in this report were adopted by City Council 1. That Council authorize staff to issue an Request for Proposal (RFP) for the selection of a project and program management firm. 2. That the City accept the assignment from Niagara Convention and Civic Centre Inc. of the option to purchase approximately 2.62 acres of land fronting on the west side of Stanley Avenue, located approximately 1,190 feet from the north west corner of the intersection of Stanley Avenue and Dunn Street, in the City of Niagara Falls, from The Monastery of Mount Carmel and that the Mayor and Clerk be authorized to execute any and all documentation required to accomplish this end. 3. That the City accept the assignment from Niagara Convention and Civic Centre Inc. of the option to purchase approximately 4.0 acres of land fronting on the west side of Stanley Avenue, located approximately 900 feet from the north west corner of the intersection of Stanley Avenue and Dunn Street, in the City of Niagara Falls, from 11 49948 Ontario Limited (Alfredo Varalli and Anthony Zappitelli) and that the Mayor and Clerk be authorized to execute any and all documentation required to accomplish this end. 4. That the City accept the pledge of the Board of Management of the Fallsview Business Improvement Area to contribute $15,000,000.00 towards the operation of the Niagara Falls Convention and Civic Centre by way of annual installments of $1,000,000.00, for a period of 15 years and that the Mayor and Clerk be authorized to execute any and all documentation required to accomplish this end. 5. That the City accept the pledge of the Board of Management of the Victoria Centre Business Improvement Area to contribute $1,500,000.00 towards the operation of the Niagara Falls Convention and Civic Centre by way of annual installments of $100,000.00, for a period of 15 years and that the Mayor and Clerk be authorized to execute any and all documentation required to accomplish this end. a L2E6X5 :905-356-7521 yywyY Business Development October 29, 2007 2 BOO- 2007 -05 BACKGROUND: One of the key goals for the city has been to establish Niagara Falls as a year round tourism destination. It has been determined that a critical piece of infrastructure needed to achieve this goal is the development of a Convention Centre. Such a facility would serve as a catalyst to increase visitation, visitor expenditure and length of stay, thereby stimulating economic activity and growth in the City, resulting in the protection and enhancement of employment opportunities. Over the years the city has been involved supporting and participating in efforts related to convention centre development. City Council engaged PKF to undertake a feasibility study which detailed the economic impact, marketing strategies, planning and development, funding model and site selection for a convention centre. As a result of market conditions impacting the tourism industry, the development of a convention centre was seen by tourism stakeholders as a key priority to compete in today's marketplace. Tourism stakeholders felt so strongly about the need for a convention centre that they had taken a lead role in the project. Over the past two years, tourism stakeholders, particularly the Fallsview and Victoria Centre BIA's, have undertaken efforts to accelerate the effort to bring this project to fruition. The BIA's had appointed Dr. Dragan Matovic to represent the private sector interest and to manage the Niagara Convention and Civic Centre (NCCC) project. The BIA also secured the services of Ed Lustig to provide legal services and advice. At the Community Services meeting of July 10, 2006, Dr. Dragan Matovic sent Council a letter highlighting the efforts of the Convention Centre project team as follows: 1. In 2004 the Fallsview BIA engaged PKF to update their 2001 Convention Centre study. The updated study confirmed the compelling economic benefits that would be delivered from such a facility. The key highlights are: Benefits to the Accommodation Sector The convention centre will increase the city wide occupancy levels by as much as 5% on an annual basis. Visitor Impact The convention centre will generate 173,000 new room nights and $22.6 million in room revenue annually. 70% of this new demand will occur during the September to May period. By Year 3 the NCCC will generate over 514,000 visitors per year, half of which will be new visitors to the Region. $93 million in new expenditures annually (excluding gaming), 75% outside of the accommodation sector. 1,000 person years of employment. Impact on Provincial and Federal Government October 29, 2007 3 BOO- 2007 -05 Funding Model The Province would receive over $45 million from NCCC's first five years of operation. The Federal Government would receive over $75 million from NCCC's first five years of operation. The Niagara Convention Civic Centre Development Program The facility is projected to be 231,000 sq. ft. segmented as follows: Main Exhibit Hall Meeting space Support space Total Capital Budget Federal Government Provincial Government Falls Management Company (FMC) Fallsview BIA Sub -total Capital Budget Operating Budget Fallsview BIA Victoria /Centre BIA Other Stakeholders Sub -total Operating Total 100,000 sq. ft. 31,000 sq. ft. 100,000 sq. ft. 231,000 sq. ft. 35 million 35 million 15 million 2 million 13 million 1.5 million 0.5 million $87 million $15 million $102 million The PKF study identified that the tax exempt status for the convention centre was an integral component of the financial model and the centre's economic success. The tax exempt status would be achieved by structuring the convention centre as a capital municipal facility as allowed under the Municipal Act. Under this model, the city would own the convention centre building and site, and would lease out the operation of the centre to Niagara Convention Civic Centre Inc. 2. The Fallsview BIA and Victoria Centre BIA's are using a corporation called Niagara Convention and Civic Centre Inc. as a vehicle for this project. 3. A site selection RFP process was successfully concluded confirming the preferred site for the convention centre. 4. An option for the main 4 acre site of land had been obtained. 5. The Fallsview BIA has passed a resolution committing itself to the expenditure of $15,000,000 for capital and operational funding for the project October 29, 2007 4 BDD- 2007 -05 6. The Victoria Centre BIA passed a resolution committing itself to the expenditure of $1,500,000 for the same purposes. The correspondence requested Council to support the project team's effort to engage the Provincial and Federal government to secure financial support for the Convention Civic Centre. The following motion was ratified in open Council. "That the Council support the project team efforts to engage the Federal and Provincial Government and its agencies for financial support of the Convention Centre Project." Over the next several months, the following project milestones were achieved: An option agreement was secured with the Monastery of Mount Carmel for 2.62 acres located adjacent to the 4 acre parcel creating a core building site of 6.62 acres. An agreement with the Region of Niagara to lease their 20 acre parcel for parking located behind the 6.62 acre parcel. Negotiations commenced with Hydro One to obtain an option for the hydro right of -way which separates the 6.62 acre parcel and Regional lands as identified on the attached illustration. Both the Provincial and Federal Government announced their respective contributions of $35 million towards the development of the Convention Centre project. FMC has also committed the attractor funds to the Convention Centre project. Implementation Phase: Now that the required funding has been committed, the project will move into the implementation phase. As the facility will be a capital municipal facility, all capital funds outlined earlier in the report will be directed to the municipality. The City's role will be to oversee the construction of the Convention Centre and own the Project. In this regard, the City has established a project team that is working closely with representatives of NCCC Inc., Dr. Dragan Matovic and Ed Lustig. A series of legal agreements are required as part of the development as outlined below: 1. The Municipal Capital Facility Agreement. In this Agreement, the City will commit to establishing the Convention Centre as a Municipal Capital Facility. When the Convention Centre has the status of a Municipal Capital Facility, it is not subject to municipal taxation. October 29, 2007 5 BDD- 2007 -05 2. The Convention Centre Lease and Operating Agreement. This Agreement will govern the use of the property and define the relationship between the City and the operator of the Convention Centre. In order for the Convention Centre to be operated as a Municipal Capital Facility, there has to be a Lease and it has to be owned by the City. 3. The Federal Funding Agreement. Staff anticipates that the Federal Government will require the City to make certain commitments before advancing its share of the funding for the Convention Centre. These commitments are likely to involve some specified degree of oversight of the financial management of the Convention Centre (such as requiring that the City be provided with annual Financial Statements). 4. The Provincial Funding Agreement. Staff anticipates that the Provincial Government will require the City to make certain commitments before advancing its share of the funding for the Convention Centre. These commitments are likely to involve some specified degree of oversight of the financial management of the Convention Centre. 5. The Fallsview Business Improvement Area Pledge Agreement. In this Agreement the Board of Management of the Fallsview Business Improvement Area acknowledge and pledge to make its specified financial commitment ($15,000,000 over fifteen years). 6. The Victoria Centre Business Improvement Area Pledge Agreement. In this Agreement the Board of Management of the Victoria Centre Business Improvement Area acknowledge and pledge to make its specified financial commitment ($1,500,000 over fifteen years). 7. An Acknowledgment for Falls Management Corporation. Staff anticipates that Falls Management Corporation will want an Acknowledgment from the City that Falls Management Corporation can present to Ontario Lottery and Gaming (OLG) in order to satisfy OLG that Falls Management Corporation has fulfilled this part of the commitment it made at the time it received the Contract to operate the Niagara Falls Casinos. The commitment is for a one time payment of $15,000,000. 8. The Project Contract with the Project/Program Management firm who will oversee the construction of the building on behalf of the City. 9. The Construction Contract for the Convention Centre. 10. The Assignment of the Option to Purchase the lands of 1149948 Ontario Limited. More details on this Option (see Attachment A) 11. The Assignment of the Option to Purchase the lands of the Monastery of Mount Carmel. More details on this Option (See Attachment A). 12. The Agreements of Purchase and Sale required to complete the transactions related to the Options described in paragraphs 10 and 11 above. October 29, 2007 6 BDD-2007-05 13. A Lease with Hydro One Networks Inc. permitting the City to use the Hydro corridor immediately abutting the lands to be purchased to the east, pursuant to the Agreements of Purchase and Sale described in paragraph 12. This Lease is intended to enable the City to use the Hydro corridor for a parking lot and vehicle access in connection with the Convention Centre. 14. A Lease with the Region of Niagara. The Region of Niagara owns a 20 acre parcel of land immediately to the east of the Hydro corridor. The Convention Centre project requires this area for use as a parking lot. This Lease will enable the City to secure the use of those lands for a parking lot. Project/Program Management Firm In order to move the project into the construction phase in a truly efficient and effective manner, staff is recommending to secure the services of a project/program management firm. The firm will provide the necessary services and fulfill multiple needs of the Convention Centre project team throughout the construction phase. The project management firm will have the necessary capacity and expertise to guide the project from pre construction to completion. The successful firm will provide the following services: Project Implementation Planning Management of Construction Procurement Management Contract Administration Project Financial Management Risk Management Project Due Diligence Review Project Management Process Audit Cost Management Process Cost Management Planning Cost Control Reporting Project Cost Accounting Project Planning Schedule Development Schedule Monitoring Reporting Ability to Evaluate, Recommend and Guide Contractors Staff wishes to proceed with the RFP process immediately to retain the project management firm in order to begin the construction process for the new Niagara Convention and Civic Centre. Funds to cover the fees of the project/program management firm and the land acquisitions will come from the capital funds secured to date. Recommended by: SF/1w Attachments (2) Serge relicetti, Director of Business Development Respectfully submitted: /1/ ohn MacDonald, Chief Administrative O Principals: Area: Price to Purchase Land: Price to Exercise Option: Expiry Date of Option: Sale Completion Date: Conditions: Principals: Area: Price to Purchase Land: Price to Exercise Option: Expiry Date of Option: Sale Completion Date: Attachment A The following are the details of the Option and Pledge Agreements that City Staff is recommending that the City execute at this time. DETAILS OF THE MOUNT CARMEL MONASTERY OPTION Carmelite Fathers Approximately 2.62 acres $1,000,000 per acre $100,000 December 31, 2007 180 days from the date the Option is exercised A restrictive covenant must be registered in favour of neighbouring lands requiring the City to begin construction of a minimum 200,000 square foot Convention Centre within ten months of closing The City must provide the Vendor with an Option to repurchase the subject property for $1,000,000 per acre, should the City fail to commence construction of the Convention Centre within ten months of closing DETAILS OF 1149948 ONTARIO LIMITED OPTION Alfredo Varalli Anthony Zappitelli Approximately 4 acres $1,000,000 per acre $100,000 December 31, 2007 120 days from the date the Option is exercised Conditions: A restrictive covenant must be registered in favour of neighbouring lands requiring the City to begin construction of a minimum 200,000 square foot Convention Centre within ten months of closing The City must provide the Vendor with an Option to repurchase the subject property for $1,000,000 per acre, should the City fail to commence construction of the Convention Centre within ten months of closing City of Niagara Falls -PA' Proposed Convention Centre Area Magat ayags Hydro Corridor Properties 0 100 m I I Universal Transverse Mercator Zone 17 (N) Printed \GIS Requests\ 2007\ Custom\ Intemal\Municipal_Works \Proposed Conventont.Cent0e.map December 10, 2007 MW- 2007 -132 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: Recommended by: Approved by: Respectfully submitted: Geoff Hol John Niag araflalls CANADA Re: MW- 2007 -132 Neighbourhoods of St. David's Subdivision Agreement Amendment Relotting of Single Family Lots That Council approves the revised subdivision agreement schedules (attached) to reflect the relotting of twelve (12) single- family lots to nineteen (19) on- street townhome units recently approved by Council. cu ownert(try,erf i -4, -fi t1 tt ut-)61-hAtny no L th (e5 c r e r r acc2S5 rvo -d p c rr BACKGROUND: Council has recently approved the rezoning of twelve single family Tots to a residential mixed zone that will permit the development of nineteen (19) on- street townhouse dwellings (AM- 07- 2007). This allows the developer to relot the subject land which now necessitates a revision to the current subdivision agreement. The Developer has submitted site servicing and grading plans for tip City's review and acceptance. an, birector of Municipal Works Ed Dujlovic, Der of Municipal Works Donald, Chief Administrative Working Together to Serve Our Community 4310 Queen Street P.O. Community Services Departures t Municipal Works Schedule Al Neighbourhood of St. David's Townhomes This is not a Plan of Survey K:\GIS_Requests\ \Schedules\ SubdivisionN ewbum_TownhomesWeighbourhood_of St_Davids_tom Schedule Page N W E S Scale 1:NTS November 2007 31 .r The Neirhbourhoods of 8 Oawic''d Part of Stamford Township Lots 5, 15 2t oi9 \Nat old Part of the Road Allowance between Stamford Township .X being m eh. CITY OF NIAGARA FALLS 000100151000851845110700080454 r MAU I: 1000 1003 11.111.n hm 11 710 1. 0d Y.rry f. Xon SURYdYSMO la01ID ILY.31310 3pa411/G...2101 ONNER'5 5ER11RCATE m Wore nun r SO., 00 mu fla(GR h.. WC MOW SS GK O Sr. 1f, 54 b 41111401 W bR M IWtY. V.4Y Z. M IIRKNf 1.0.00..IIP ISIWn W,. vr��vt•M Yv�MeY4d�P+M SURVEYOR'$ 5ER11F1CAT♦i I WNW NAT. M SIAM Y dKAN O IXKKR I W SIA.rONS KT, MO MS WO IMO SR /NO ROSOLNIMS NOM IS.. 100 008 C.mne.. &•3•..l Y.°3 x Hew 7.= ratl:..M. r.wdK Ctrm IN Schedule "A" The Neighbourhoods of St. David's Subdivision g9 I 24 25 s 18 25 ra W0seP CO/ e p•.u. ,e Oaut *005 I FUND 5 Schedule Page PLAN 59M- YrMFWIwF COG Iv lard 74.• ONI•Sao eq late%F e: N«r wn r b M�iF .w,gY «,4, d«.••l LT- WON .cYmu. SUN WOW v IAAtltlIIII Ft M-0YIInOt Of KlID IM1 110F -tINIW /11 dS1ANOSS l.,WN nR MI KAN MK Yl 1RT YpNNi BYO Op.Wrrm N4ff then .neat, nY peat et�.J ell. MNcr• im 70A8N0 NOV .eatFw 7 «w«w and ate M...a i F0 it A ..A 3M •1b.. 4 1 9 «atM :r wmx I II M ou t o ?Sep. In°"'4 bo o !of l e ,ej 0 0 9 414" wr,, Rey Schedule "B" The Neighbourhoods of St. David's Subdivision Parcel Plan 1 Section 59M- In the City of Niagara Falls, SAI. Subdivisions \91 -263 Neighbourhoods of St. Davids Schedules \Schedule R.wpd Schedule Page in the Regional Municipality of Niagara and being composed of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33 and Blocks 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51 Parts 1 -19 (Formerly Lots 12 -23 incl.) and streets namely Pinestone Road, Stonehaven Avenue, Sandhill Drive, Greystone Mews, Stonefield Park, Rockwood Mews, Stone Gate, Rockcliffe Estates and Forest Ridge Drive, and the reserves, namely Blocks 56, 57, 58 and 59 and the laneways namely Blocks 52, 53, 54 and 55 all according to Registered Plan 59M- 00 0 00 0 C0) E 00 0 G 50 0 G /j./ CD r CD 0 0,0 0 G 3 0 0 0 0 0 c 0 c 3 -1=4 00 0 0 0 0 oo 0 0 0 0 0 E" 3 m 0 0 0 b b CO P r 0 o 'd cn CD w o o 0 CD o g g ro tx1 0 0 O 0 f 0 L c c o CCD 0 0 o CO 03 w to 4 n C CD CO 5 a Co O 0 0 0 va as CD 09 69 EA 69 V N -P A N 'CO, co •P C) 03 N v, v, 60 w CD 0 CD pl' P CD o' 0) a0) 0 0 cn m 0 3 0 CPI 0 O O O 0 0 01 0 0 69 00 0 O CD 2 C 2 G G G (54' G CI) CA jC c 9 R g� y E cn CA G_ a., 6 e 3 a e NJ 0 a 7 6 a t k IQ 0 00 ƒ n co k Cr c co o a o ƒ 2 S m a C 0 0 0 td m` m 6A N oo "3 0 0 w 0 6A O 0 S cs co N O m v n ,-4. cD z to C) •••1, O" a E cn O m O O Q--n N CD Ct) 0 0 C <n F' v o o Qo C CD m 0 2 v V) a p m O (D Cr N CD 0. i a. 0 O 3 Schedule "D" The Neighbourhoods of St. David's Subdivision Cost of Oversized and Shared Services: 1. Pumping Station and Forcemain: a. Pumping Station $298,150 b. Forcemain 47,255 c. Portion of Storm Sewer on St. Paul Avenue 93,075 Total Cost $438,480 10% Contingency 43,850 $482,330 Cost Breakdown: Neighbourhoods of St. David's 35.1% $169,300 Eagle Valley Golf Course 57.6% $277,820 (Includes Iafrate Lands) Calaguiro Lands 7.3% 35 210 $482,330 2. Storm Sewer on St. Paul Avenue a. Sudivider's Share $102,385 b. City Share $1 10,575 c. Total Cost $212,960 3. Street Lights on St. Paul Avenue a. Subdivider's Share (50 $12,705 b. City Share (50 $12 705 c. Total Cost $25,410 Schedule Page St. Paul Avenue: Schedule "E" The Neighbourhoods of St. David's Subdivision Services on Existing Roads: S:\I. Subdivisions \91 -263 Neighbourhoods of St. Oavids\Schedules\Schedule E.wpd Schedule Page 1. From Block 39 to existing sanitary manhole opposite Moretta Drive 200mm diameter forcemain and appurtenances. 2. From south side of Stone Gate to south side of Mountain Road 1.5m wide sidewalk along the west side of St. Paul Avenue. 3. From manhole A to existing manhole 525 to 825mm diameter storm sewer and appurtenances. 4. From manhole 3 to manhole 1 675 to 825mm diameter storm sewer and appurtenances. Calaguiro Drive: 1. From Rockcliffe Estates to January Drive 200mm diameter water vain. x 0 u E E 0 OD k r 2 0 o r 0 CD k 0 0 Schedule "G" The Neighbourhoods of St. David's Subdivision Schedule Page Parkland Dedication: a. Within Plan of Subdivision 1. Blocks 50 2. Open Space Dedication Block 51 b. Outside Plan of Subdivision 1. Pt. of Twp. Of Lot 5 East side of Dorchester Road north of CNR Tracks, 27.1 Acres Nature Area. Si \I. Subdivisions \91 -263 Neighbourhoods of St. Dovids \Schedules\Schedule G.wpd Schedule "H" The Neighbourhoods of St. David's Subdivision Schedule Page Easements and Lands to be Deeded to the City of Niagara Falls: Laneways to be deeded to the City 1. Blocks 52, 53, 54 and 55 0.30m Reserves to be deeded to Regional Municipality of Niagara 1. Blocks 56, 57, 58, and 59 0.30m Reserves to be deeded to the City 1. Block 60 Easements to be granted to the City with lands of the Subdivision a. For rearyard catchbasin and leads 3.0m wide for frill length centered on the lot line between: i. Part 4 and 5 ii. Part 8 and 9 iii. Part 11 and 12 b. 3.0m located entirely along east property line of Part 1 S.H. Subdivisions \91 -263 Neighbourhoods of Si. Davids\ Schedules \Schedule H.wpd Schedule "1" The Neighbourhoods of St. David's Information Signs and Street Name Signs: 1. Street Name Signs a) St. Paul Avenue Pinestone Road St. Paul Avenue Stone Gate b) Pinestone Road Stonehaven Avenue Pinestone Road Sandhill Drive c) Calaguiro Drive Rockcliffe Estates d) Stonehaven Avenue Greystone Mews Stonehaven Avenue Stonefield Part (2 required) Stonehaven Avenue Stone Gate Stonehaven Avenue Rockwood Mews Stonehaven Avenue Forest Ridge Drive e) Sandhill Drive Greystone Mews Sandhill Drive Stonefield Park (2 required) Sandhill Drive Rockwood Mews Sandhill Drive Forest Ridge Drive 2. Traffic Signs a) Stop signs at St. Paul Avenue Stone Gate Stop signs at St. Paul Avenue Pinestone Road (To be erected by City at Subdivider's expense) S: \I. Subdivisions \91 -263 Neighbourhoods of St. Davids\ Schedules \Schedule l.wpd Schedule Page Lots Unsuitable for Building: None S: \I. Subdivisions \91 -263 Neighbourhoods of St. DavidslSchedulesVSchedule J.wpd Schedule "J" The Neighbourhoods of St. David's Schedule Page December 10, 2007 MW- 2007 -133 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag araa11s CANADA Re: MW- 2007 -133 Contract 2007 185 -06 Maple Street, Third Avenue, Hamilton Street Storm Sewer Separation That the unit prices submitted by the lowest tenderer Provincial Construction be accepted and; that approval be granted for the contract amount from the 2007 Capital Budgets and; that the Mayor and City Clerk be authorized to execute the necessary agreement. The Tender Opening Committee, in the presence of the City's Clerk, Mr. Dean lorfida, opened tenders on Tuesday, November 27, 2007 at 1:30 p.m. for the above noted contract. Tender documents were picked up by eleven (11) Contractors and five (5) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractors. 1. Provincial Construction 2. Peters Excavating 3. Nexterra Substructures 4. Alfidome Construction 5. Alfred beam Excavating Niagara Falls Fort Erie Niagara Falls Niagara Falls Fort Erie 2,383,089.13 2,502,833.00 2,753,090.70 2,868,406.00 3,018,462.00 The lowest tender was received from Provincial Construction in the amount of 2,383,089.13. This contractor has performed similar type projects for the City. We are of the opinion, that this contractor is capable of successfully undertaking this project. 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada 1.2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Departm( Municipal Works December 10, 2007 2 MW- 2007 -133 The engineer's estimate for this contract was 2,800,000.00 Project Costs: Awarded Contract (excluding GST) Funding: Roads (Account No. 12 -3- 310043 030000) Sanitary (Account No. 12 -3- 410010 030000) Storm (Account No. 12 -3- 420017 030000) Water (Account No. 12 -3- 420017 030000) Gas Tax Funding Regional CSO Funding COMRIF Funding Recommended by: Approved by: Respectfully submitted: ui) Geoff Holr !�n 2,383,089.13 Total 2,383,089.13 140,774.21 63,339.16 571,647.79 382,323.55 400,000.00 253,356.62 571,647.80 Total 2,383,089.13 This project is phase four of a five phase project, in council report MW- 2006 -88, 3.1 million was approved to be debentured. This project is scheduled to commence construction in early January 2008 and all work is to carry through up to the final completion in the specified 80 working days. an, irecjor of Municipal Works Ed D vic, Exec t` `ive Director of Community Services Joh acDonald, Chief Adminis ative Officer F. Tassone S: \REPORTS \2007 Reports \MW 2007 -133- Contract 2007 185 -06 Maple, Third, Hamilton Storm Separation .wpd Niagara Falls I The City of Canada His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontano Members: RECOMMENDATION: BACKGROUND: Community Services Department MW- 2006 -88 Municipal Works 4310 Queen Street P O Box 1023 Niagara Falls, ON L2E 6X5 web site www city.niagarafalls on ca Tel (905) 356 -7521 Fax: (905) 356 -2354 E -mail edujlovi @city.niagarafalls.on ca July 31, 2006 Re: MW- 2006 -88 Tender Award Street Underground Services and Road Reconstruction Contract 2006- 165 -06 Ed Dujlovic Director e recommendation(s) ained in this report were adopted by City Council It is recommended that the unit prices submitted by the low tenderer, Provincial Construction (Niagara Falls) Limited, be accepted and the financing of this construction from the 2006 Municipal Works Capital Projects Budget, be approved. The Tender Opening Committee, in the presence ofthe City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday, July 18, 2006 at 1:30 p.m. for the above noted contract. Tender documents were picked up by twelve (12) Contractors and three (3) bids were received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the three (8) Contractors, together with the corrected bids 1. Provincial Construction (Niagara Falls) Limited (Niagara Falls) $3,918,568.24 2. Alfidome Construction (Niagara Falls) $4,560,844.00 3. Nexterra Substructures Incorporated (Niagara Falls) $4,751,311.50 The lowest tender was received from Provincial Construction (Niagara Falls) Limited in the amount of $3,918,568.24. This Contractor has previously performed similar type projects for the City. We are therefore, ofthe opinion, that this Contractor is capable of successfully undertaking this project. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services July 31, 2006 -2 MW 2006 88 Financing: The Engineer's estimate for this contract was $3,700,000.00 Project Costs: Awarded Contract $3,918,568.24 Bell Relocation 140,000.00 MOE Approval 2,300.00 TOTAL $4,060,868.24 Funding: 2006 Municipal Works Capital Projects Budget Park Street Sewer Separation $3,710,000 Bridge Street Storm Sewer Separation $3,008,333 Storm Sewers COMRIF (Victoria Ave Storm Sewer) Sanitary Sewers Water Roads TOTAL $2,300,000.00 415,000.00 340,000.00 570,000.00 440,000.00 $4,065,000.00 It is anticipated that $3.1 million is to be debentured. Account #12- 3- 420017- 030000 Account #12- 3- 420017 030000 Account #12- 3- 410010 030000 Account #12- 3- 430003- 030000 Account #12- 3- 430009 030000 The contract is for the construction of storm sewers, sanitary sewers, wateiniain and road on Park Street from Crysler Avenue to Victoria Avenue and the construction of storm sewers and sanitary sewers on Victoria Avenue from Park Street to Maple Street. The storm sewer is the storm outlet for the Bridge Street Sewer System separation program that is being funded from the Canada- Ontario Municipal Rural Infrastructure Fund COMRIF) This project is scheduled to commence on August 20, 2006, and all work to be completed by December 8, 2006. Council's concurrence with the recommendation made would be appreciated. Prepared by: Bob Darrall Project Manager Approved Respectfully submitted: ohn MacDonald Chief Administrative Officer Ed Dujl Director of Municipal Works S:\REPORTS\2006 Reports\MW- 2006 -88 Tender Award Park Street Underground Services and Road Reconstruction wpd December 10, 2007 R- 2007 -37 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: National Tree Planting Challenge NiagaraJ CANADA Re: R- 2007 -37 Matters Arising from The Park in the City Committee Meeting That the following recommendations of The Park in the City Committee be approved: The City of Niagara Falls participate in the National Tree Planting Challenge; and The City of Niagara Falls send a letter to the Provincial Government in support of their election campaign promise to ban the cosmetic use of pesticides throughout the province. The Park in the City Committee received a copy of the correspondence from the Mayor of Ottawa, Mayor Larry O'Brien, inviting Canadian Municipal Leaders to participate in the National Tree Planting Challenge. (Please see attached) The Committee recognizes that trees are important to the health and well -being of Niagara Falls residents and that trees should be considered as infrastructure. The Committee would like the City of Niagara Falls to participate in the National Tree Planting Challenge and encourage residents to plant trees in our community. There is no cost to complete the participation pledge card. Additionally, the Committee has made a recommendation to enter the Communities In Bloom Competition in 2009. The addition of trees to our City would assist, not only in the Communities In Bloom program, but in the National Tree Planting Challenge. Working Together to Serve Our Community Community Services Department Parks, Recreation C December 10, 2007 2 R- 2007 -37 Ban of Cosmetic Use of Pesticides The Park in the City Committee supports the banning of the cosmetic use of pesticides throughout the Province. There is a growing concern about the potential harmful effects of these products on human health, pet health and ecological health. Approximately twenty -five municipalities through the Province of Ontario, covering 30 percent of the province, have introduced local bans or restrictions via municipal by -laws for the cosmetic use of pesticides on public or private property or both. However, there can be a wide range of issues associated with enforcement, particularly where application of the product is banned but the products can be legally sold in local retail stores. The City of Waterloo passed a Resolution of Council on November 5, 2007, regarding the Use and Sale of Cosmetic Chemical Pesticides. (Please see attached copy) The Park in the City Committee recommends that Niagara Falls City Council express their support to the Provincial Government regarding their campaign promise (September 25, 2007 article from Toronto Star attached) to ban the cosmetic use of pesticides throughout the province. Recommended by: Approved by: Respectfully submitted: 12� Y Deny Morrissey, Di ctor of Parks, Recreation Culture Ed Dujlovic, Ex tive Director of Community Services John cDonald, Chief Administrati e Officer S: \Council \Council 2007 \R 2007 -37 -The Park in the City Committee Meeting of October 2007.wpd b Mayor Ted Sale' Inter- Department Memorandum TO: Denyse Morrissey Director of Parks, Recreation and Culture FROM: R. T. (Ted) Salci Mayor Ext. 4201 RE: Letter from Mayor Larry O'Brien Denyse: Would you please review the attached letter from the Mayor of Ottawa regarding the National Tree Planting Challenge, give it some consideration and advise me whether or not you feel the City of Niagara Falls should participate in this event. Thank you, DATE: August 8, 2007 1))3CJERVIEn cl AUG 0 g 2007 LUI PARKS, RECREATION CULTURE Sincerely, 18 Larry O'Brien Mayor City of Ottawa Larry O'Brien Mayor Maire Canadian Municipal Leaders: Re: National Tree Planting Challenge The City of Ottawa has heard the United Nations Environment Programme's (UNEP) appeal to join the `Plant for the Planet: Billion Tree Campaign' and has responded by committing to planting 100,000 trees throughout our City over the next four years. This campaign is a call for the citizens of the world to plant trees for the environment. I invite you to join us in contributing to this campaign by COUNTING YOURSELF IN! For your municipality, it is simply a matter of signing on to the UNEP's web site at http:// www .unep.org/billiontreecampaign and recording the number of trees your municipality is anticipating to commit to this initiative. We view this challenge as inspiration and motivation to build local opportunities for partnerships with community groups, schools, businesses, sponsors, and citizens of all ages in leaving a vital legacy for the future of our City. As Mayor of Ottawa, I believe that the joining together of Canada's municipalities will contribute to the planting of millions of treed across the country. In doing so, The `National Tree Planting Challenge' has the prospect of building strong public awareness of the issues of local governments in our struggle to maintain the environmental integrity of our communities while providing a venue for promoting simple actions and individual commitments to environmentally based activities. As the host of the National Tree Planting Challenge, the City of Ottawa will tally and track the commitments of participating municipalities, develop a communication network to share interesting planting projects, provide a biannual electronic newsletter highlighting the activities and progress of our cities and keep the UNEP informed of our communal progress. It's easy to participate! Accompanying this letter is a Participation Pledge Card. Please send back your postcard to TREE @ottawa.ca or fax to (613) 580 -2611. We invite you to sign on with Ottawa, plant trees and count your municipality into the National Tree Planting Challenge Together we can illustrate to the world that Canadian municipalities are providing a solid foundation for Canada to continue to be environmentally aware and proactive in managing our natural resources for the future. cu Q) V c L) co G. a 0 cu c Q O cD Z Q ca m O "a L a "O c o a 7 N w .17 O c d O c N c ,13 N G c C0 0 a ffl a Y a c ru o o •6 C 7 j c 0 A0 0 ro c v a 0 ((0 or) v s= z E t a a a ro 6 Q E Q c E a 0 0 c V a m (a -O a p, a 0 0 O R 0 tu CD a 0 0) Lel C C O c CT Y a a ro V a, Q '2 F ti V': a c -a' o o (6 i Y r L. 0 a t w 4-. (0 o Et:,. .5 s m o °`s yc E i o m o a ..c ro aj O CM w v 4-- O C L O o Z a. q a a a iT ,A 4-' .0 E 'm._ a v- o C3 O O N C a d t4 a) v o c a 4 4- E CU C N N a 4 0 0 D 1 O a) C CL M a l 4 O o a z E C3- S- ro m CU a L a ,0) a 0 0 0 n 0 E w .(p a' 0 m a C a E a tQ c a 1 (11/16/2007) Dean torfida 2007 _Resolution_Waterloo_Nov5.doc Page 1 THE CITY OF l ^�I Waterloo RESOLUTION OF THE COUNCIL OF THE CORPORATION OF THE CITY OF WATERLOO NOVEMBER 5, 2007 RE: Use and Sale of Cosmetic Chemical Pesticides WHEREAS some citizens of Waterloo have expressed concern with the continued use of cosmetic pesticides in the City of Waterloo; WHEREAS some citizens of the City of Waterloo believe that cosmetic pesticides are a health hazard, particularly related to respiratory illness; WHEREAS some citizens believe that cosmetic pesticides adversely affect our drinking water supply; WHEREAS the Federal government has the responsibility and authority to approve chemical compounds for use in Canada, including cosmetic pesticides; WHEREAS the Ontario provincial government has the responsibility and authority to legislate and regulate the use and sale of products in the province including cosmetic pesticides; WHEREAS the Liberal Party of Ontario made an election promise to legislate some sort of ban on the use of chemical pesticides in the Province of Ontario; and WHEREAS the most effective, fair, reasonable and informed approach to addressing public concerns with respect to cosmetic use of chemical pesticides is through a comprehensive province wide approach (that will address exemptions such as those for agriculture). THEREFORE BE IT RESOLVED THAT: 1) Waterloo City Council call on the Federal government to immediately review and confirm the safety and efficacy of all chemical pesticides that have been approved for use in Canada by the federal government or federal agencies; 2) Waterloo City Council also call on the Ontario Provincial government to immediately review and verify the safety of all chemical pesticides that the provincial government or provincial agencies have approved for sale and use in the province of Ontario; 3) Waterloo City Council remind the Ontario Provincial government of its promise to legislate on the use and sale of cosmetic chemical pesticides in the province of Ontario. FURTHER BE IT RESOLVED THAT Waterloo City Council direct that this resolution be forwarded to: the Prime Minister of Canada, Minister of the Environment, Minister of Health and Minister of Public Safety the Premier of Ontario, Minister of the Environment, Minister of Health Promotion and Minister of Municipal Affairs and Housing Association of Municipalities of Ontario, Federation of Canadian Municipalities, all local Members of Provincial Parliament, all local Members of Parliament, all local municipalities including the Region of Waterloo all municipalities in Ontario with a request that those municipalities endorse the City of Waterloo's resolution and forward their endorsement to the Prime Minister of Canada, Minister of the Environment, Minister of Health and Minister of Public Safety and to the Premier of Ontario, Minister of the Environment, Minister of Health Promotion and Minister of Municipal Affairs and Housing." For further information, please contact Susan Greatrix, City Clerk The Corporation of the City of Waterloo 100 Regina Street South, Waterloo, ON N2J 4A8 Telephone: 519-747-8705 Fax: 519 747 -8510 E -mail: sreatrix @city.waterloo.on.ca CARRIED UNANIMOUSLY TheStar.com Ontario Election McGuinty promises to ban use of pesticides on lawns, g... Page 1 of 2 The webs to is celled shopalot.. McGuinty promises to ban use of pesticides on (awns, gardens Golf courses, farmland and managed forests would be exempt; restriction already exists in Toronto September 25, 2007 RICHARD BRENNAN STAFF REPORTER 'stancom STRATFORD, Ont.- Liberal Leader Dalton McGuinty says he will ban pesticides on lawns and force manufacturers to reduce the toxins they produce if his government is re- elected. "The first thing we want to is put a ban on the cosmetic use of pesticides and herbicides," McGuinty said yesterday, noting that Quebec has already done so. "We are determined to get it done here," said McGuinty. "There is a growing concern about the potential harmful effects of these products on human health." The Ontario -wide ban on pesticide and herbicide use would "focus" on lawns and gardens in cities and towns and not apply to golf courses, farmland or managed forests, the Liberals said. Twenty -five municipalities across the province have already restricted the cosmetic use of pesticides and herbicides. They include Toronto, where on Sept. 1 homeowners started to face a fine for applying the chemicals to lawns and gardens, a penalty that previously applied only to Iawncare companies. http /www.thestar.com/printArticle /260180 9/25/2007 TheStar.com Ontario Election McGuinty promises to ban use of pesticides on lawns, g... Page 2 of 2 McGuinty said Ontario would borrow heavily from a Massachusetts law requiring pesticide manufacturers to reduce the toxins they use in production. "We will be the first province in Canada to put in place a new law that would require that industry reduce over time its toxic emissions he said. He had few details about how long it would take to get such a law into effect. In Massachusetts it took about a year to implement and cut the toxin level in half, he said. Later in Belleville, McGuinty visited a flooring manufacturer, InterfaceFLOR Canada, that has saved more than $14 million by eliminating toxic chemicals involved in its dye production. NDP Leader Howard Hampton has proposed a right -to -know law that would ensure people know what toxins and other environmental hazards are in food, ground, air and water. During a campaign stop in Walkerton his first visit in the Ontario town since the 2003 election campaign McGuinty talked about clean water. Seven people died there seven years ago after drinking water contaminated with E coli. He brushed aside suggestions he was exploiting the tragedy that also left scores of residents with long -term health problems. "I am here to celebrate the fabulous turnaround and evolution that this community went through. Government played nothing more and nothing Tess than a supportive role," he said. Still, he reminded supporters that his government implemented all 121 recommendations from Mr. Justice Dennis O'Connor's inquiry into the Walkerton tragedy, hired 33 new water inspectors and provided almost $2 billion for water treatment improvements. The Progressive Conservatives issued a statement saying McGuinty has refused to enact the Sustainable Water and Sewage Systems Act, 2002, introduced and passed by the PC party in the wake of the Walkerton tragedy. It was cited by O'Connor as an important step in restoring confidence in Ontario's drinking water. http /www.thestar.com /printArticle /260180 9/25/2007 December 10, 2007 R- 2007 -38 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Niagararalls C A N A D A Re: R- 2007 -38 Coronation 50 Plus Membership Fee Increase RECOMMENDATION: That Council approve an increase to the Membership Fee for the Coronation 50 Plus Recreation Centre in the amount of $1.00 per annum for the years 2008 to 2012. In 2002, Council approved an increase to the annual membership fee of the Coronation 50 Plus Recreation Centre of $1.00 per annum for the years 2002 to 2007. In 2002 the annual fee was $12.00 per year. The 2007 fee is $18.00. The fees being recommended for 2008 to 2012, including GST, are: 2008 $19.00 2009 $20.00 2010 $21.00 2011 $22.00 2012 $23.00 The above proposed annual membership fee increases of $1.00 per year from 2008 to 2012 are recommended by the Advisory Committee for the Coronation Centre In the past five years, the Centre has had a number of positive changes that have reflected in the growth of membership. New programming has been introduced to meet the needs of members which includes: a satellite site at MacBain Community Centre increasing fitness classes to 34 a week, a clothing store, a wellness centre offering personal fitness programs and more recently, the renovation and introduction of the Craft House Cafe. 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 Parks, Recreation Cul December 10, 2007 2 The range of opportunities by the Centre makes it a vibrant hub of activity for the older adult in the City of Niagara Falls. Recommended by: Approved by: Respectfully submitted: n'n Denyse Morrissey, Directo) of Parks, Recreation Culture Ed Dujlovic, E cutive Director of Community Services 4 C hief Admi istrat acDonald, ive Officer S: \Council \Council 2007 \R 2007 -38 Coronation 50 Plus Membership Fee Increase- .wpd R- 2007 -38 Parking Control Staff Regular Rate Overtime Rate Stat Holiday Worked Stat Holiday Not Worked Warrant Officer $18.82 $28.23 $47.05 $18.82 ($14.70) ($22.05) ($36.75) ($14.70) School Co -Ord. $16.74 $25.11 $41.85 $16.74 ($13.08) ($19.62) ($32.70) ($13.08) Officer $14.64 $21.96 $36.60 $14.64 ($11.44) ($17.16) ($28.60) ($11.44) Security $12.56 $18.84 $31.40 $12.56 ($9.81) ($14.72) ($24.53) ($9.81) December 10, 2007 TS- 2007 -19 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2007 -19 Canadian Corps of Commissionaires Contract Renewal 2008 RECOMMENDATION: BACKGROUND: Niagaraaalls C A N A D A It is recommended that Council approve a one year extension to the Canadian Corps of Commissionaires (Hamilton) contract for the supply of parking control services and that the Mayor and City Clerk be authorized to sign the said extension. In 2000, the Request for Proposal process was initiated, whereby, the Canadian Corps of Commissionaires was the successful bidders. Council approved a three -year contract with the Hamilton Office of the Corps. During the last 4 years, Council approved one year extensions to this agreement. Over the past seven years, the Hamilton Office has maintained high standards and a consistent turn out of Officers. The Corps also provides customer service training sessions for its Parking Control Officers and will continue to do so on an ongoing basis. The Canadian Corps of Commissionaires provides parking control services staff and crossing guard coordination (Corporal position) for Transportation Services for the City of Niagara Falls. The present hourly rates for current staff are outlined below, bracketed amounts are actual rates. 2007 Rates All rates below include a 28% Administration Fee 0' Queen S ox 1023, Niagara falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Departure Transportation Services Parking Control Staff Regular Rate Overtime Rate Stat Holiday Worked Stat Holiday Not Worked Warrant Officer $19.38 $29.07 $48.45 $19.38 ($15.14) ($22.71) ($37.85) ($15.14) School Co -Ord. $17.24 $25.86 $43.10 $17.24 ($13.47) ($20.21) ($33.68) ($13.47) Officer $15.08 $22.62 $37.70 $15.08 ($11.78) ($17.67) ($29.45) ($11.78) Security Officer $13.44 $20.16 $33.61 $13.44 ($10.50) ($15.75) ($26.25) ($10.50) December 10, 2007 Ed 2 Proposed Increase Security 7% Increase c Karl Dren, Director Transportation Services Joh acDonald, Chief Administr4tive Officer munity Services TS- 2007 -19 Proposed 3% Increase 2008 Rates All rates below include a 28% Administration Fee The 2008 extension includes a 3% increase from their 2007 contract rates. There is no increase to the administration fees. The estimated total cost increase for 2008 will be an additional $11,858.00 per year for parking control and school crossing co- ordination costs, with an approximate total of $407,107.00 The additional costs for security will be $2,700.00. Council's favourable consideration with the ak ve recommendation would be appreciated. Recommended by: jlovic, E cutive Director of Co Approved by: Respectfully submitted: S. Wheeler S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports \2007 Council \12 Dec 10 \TS- 2007 -19 Canadian Corps Commissionaires Contract Renewal 2008.wpd December 10, 2007 TS- 2007 -20 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Niag araaJis C A N A D A Members: Re: TS- 2007 -20 Changes to Pay Parking times and minimum fees RECOMMENDATION: 1) That this report be received for the information of Council. 2) That the by -law appearing later on tonight's agenda, be approved. BACKGROUND: Staff has identified some inconsistencies in minimum parking fees and parking times in various pay parking areas around the City. To provide a consistent application to residents and visitors, staff is recommending that all 24 hour zones be amended to reflect the restriction of parking from 2:00 a.m. to 6:00 a.m., or 3:00 a.m. to 6:00 a.m. in the tourist core from November 15 to April 15 of the following year. This will ensure that metered areas are consistent with applicable enforcement practices in other areas of the city and also permit the winter maintenance operations to proceed unobstructed. Over the past five years, numerous "Pay and Display" types of meters have replaced the single space parking meters. The "Pay and Display" machines provide long term and short term parking options. Minimum payments accepted at these machines range from twenty five cents to one dollar. Adjustments to minimum amounts have been made to reflect each areas needs. Staff is recommending that schedule "G" of by -law 89 -2000, appearing later on tonight's agenda, be amended to reflect the correct hours of operation and minimum payment amounts to be accepted at the machines. 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community C ommunity Services Department Transportation Services December 10, 2007 Recommended by: Approved by: 2 b otK Karl Dren, Director of Transportation Services Ed Dujlovic, Executive Director of Community Services Respectfully submitted: /14- p Y Joh /acDonald, Chief Administr tive Officer Sue Wheeler S: \TPS \TPS 1.00 Administration \TPS 1.06 Reports\2007 Council \12 Dec 10 \TS- 2007 -20 Changes to Pay Parking times and minimum fees.wpd Working Together to Serve Our Community TS- 2007 -20 December 10, 2007 TS- 2007 -21 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag araJ C A N A ll A Re: TS- 2007 -21 New York State DMV Data Sharing MOU RECOMMENDATION: 1) That the City of Niagara Falls enter into a Memorandum of Understanding with the New York State Department of Motor Vehicles 2) That the Mayor and Clerk be authorized to execute the necessary agreement. BACKGROUND: The City of Niagara Falls has had an agreement, for several years, with Law Enforcement Systems(LES) in New York State, to collect outstanding U.S. parking violations. LES has acted on our behalf by requesting license plate ownership details from various states' Departments of Motor Vehicles. New York State has recently implemented the PREED program which ensures that all end users of data from the DMV is appropriately utilized. We have been advised that LES will have to enter into an agreement as will the City of Niagara Falls, as they are both end users of this data. The MOU would ensure that the City adheres to the Federal Driver's Privacy Protection Act which permits government agencies or entities acting on their behalf to have access to personal information from Motor Vehicles records for use in carrying out agency functions. The City currently has a similar agreement with the Ministry of Transportation to ensure that end user securities are in place Queen Street, P.o.Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community December 10, 2007 Recommended by: Approved by: Respectfully submitted: 2 Karl Dren, Director of Transportation Services Ed Dujlovic, Executive Director of Community Services MacDonald, Chief Administrati e Officer TS 2007 -21 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to amend By -law No. 79 -200, to permit the development of townhouse dwellings on the east side of St. Paul Avenue. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet C2 of Schedule "A" to By- lawNo.79 -200 is amended by redesignating from R5C and numbered 285 to R4 and numbered 389, the land on the east side of St. Paul Avenue, opposite Moretta Drive, being Pci 24-4 Sec 59- Stamford; Pt RdAI Btn Twp Lt 24 25 Stamford (As Closed by By -law R089305 Confirmed by By -law R095368); Pt Twp Lt 24 Stamford; Pt 2, 59R6559 Except PI 59M187; Niagara Falls and Pc1 24-5 Sec 59- Stamford; Pt RdAI Btn Twp Lt 24 25 Stamford (As Closed by By -law R089305 Confirmed by By -law R095368); Pt Twp Lt 24 Stamford; Pt 1, 59R6559 Except P1 59M1 87; Niagara Falls and shown hatched and designated R4 and numbered 389 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of section 7.9.1, clauses (a), (b), (c), (e), (g) and (m) of section 7.9.2 and subclause (iii) of clause (c) of section 7.9.3 of By -law No. 79 -200, no person shall use the land described in section 1 of this by -law and shown hatched and designated R4 and numbered 389 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except for the purpose of townhouse dwellings and accessory buildings and structures, and except in compliance with the following regulations: (a) Minimum lot area the whole of the land shown hatched and designated R4 and numbered 389 on the plan Schedule 1 attached hereto (b) Maximum number of dwelling units 18 (c) Minimum yard depths (i) between the rear exterior wall 7.5 metres of any dwelling unit and any side lot line (ii) between the side exterior wall of any dwelling unit and the front property line (iii) between the side exterior wall of any dwelling unit and any side lot line and an internal road 3 metres 1.8 metres (h) Minimum number of garages 3. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.389 Passed this tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: (iv) between the front exterior wall of any dwelling unit including a garage and an internal road (d) Maximum lot coverage 45 (e) Accessory buildings and accessory in accordance with sections 4.13 and structures 4.14 of By -law No. 79 -200 (f) Minimum landscaped open space 35 (g) Minimum building separation between 12 metres two exterior walls facing each other and both of which contain windows for a habitable room or rooms S:\ZONING\AMS\ 1995 \Byam20.wpd Notwithstanding the provisions of section 7.9.1, clauses (a), (b), (c), (e), (g) and (m) of section 7.9.2 and subclause (iii) of clause (c) of section 7.9.3 of By -law No. 79 -200, no person shall use the land on the east side of St. Paul Avenue, opposite Moretta Drive, designated R4 and numbered 389 on Sheet C2 of Schedule "A or erect or use any building or structure thereon, except for the purpose of townhouse dwellings and accessory buildings and structures, and except in compliance with By -law No. December 10, 2007 December 10, 2007 December 10, 2007 2 6 metres 1 per dwelling unit Subject Land SCHEDULE 1 TO BY -LAW No. 2007 Amending Zoning By -law No. 79 -200 Description: Pei 24 -4 Sec 59 Stamford; Pt RdAl Btn Twp Lt 24 25 Stamford (As Closed by By -law R089305 and Confirmed by By -law R095368); Pt Twp Lt 24 Stamford; Pt 2, 59R6559 Except P1 59M1 87; Niagara Falls Pc1 24-5 Sec 59 Stamford; Pt RdAl Btn Twp Lt 24 25 Stamford (As Closed by By -law R089305 and Confirmed by By -law R095368); Pt Twp Lt 24 Stamford; Pt 1, 59R6559 Except P1 59M187; Niagara Falls Applicant: Metro Development Assessment 272504000117900 K \GIS_Requests\ 1995\ Schedules \ZoningAM\AM -20 \mapping.map 1:NTS AM- 20/1995 November 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to amend By -law Nos. 79 -200 and 95 -53, to permit a clinic on the land on the southeast comer of Thorold Stone Road and Montrose Road. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Clause (a) of section 2 of By -law No. 95 -53, being a by -law to amend By -law No. 79 -200, is amended by inserting "(xii) clinic Passed this tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: S:\ ZONING\AMS\2007\By- laws\Byam30. wpd December 10, 2007 December 10, 2007 December 10, 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to establish Part Lot 25 Plan M -67 and part of Block "B" Plan M -67 as a public highway, to be known as and to form part of Don Murie Street. 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 Lot 25 Plan M -67 designated as Part 1 on Reference Plan 59R -13003 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That part of Block "B" Plan M -67 Stamford designated as Part 1 on Reference Plan 59R- 13554 in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 3. That said Part Lot 25 Plan M -67 designated as Part 1 on Reference Plan 59R -13003 and part of Block `B" Plan M -67 Stamford designated as Part 1 on Reference Plan 59R -13554 that are hereby established as a public highway, be known as and form part of Don Murie Street. Passed this tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 2007. A by -law to authorize the execution of an Agreement of Purchase and Sale with Robert Rizzo and Amanda Zahra respecting the purchase of lands being Parts 17 and 18 on Reference Plan 59R- 13273; 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 24, 2007 and made between Robert Rizzo and Amanda Zahra and The Corporation of the City of Niagara Falls for the property described as Parts 17 and 18 on Reference Plan 59R- 13273; 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 tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 2007. CITY OF NIAGARA FALLS By -law No. 2007 BETWEEN: AND: AGREEMENT OF PURCHASE AND SALE ROBERT RIZZO AMANDA ZAHRA 4317 Muir Avenue Niagara Falls, Ontario L2E 3L2 (hereinafter referred to as the "Purchaser THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated as Part 18 on Plan 59R -13273 (hereinafter called the "Property upon the terms, conditions and provisions set forth in this offer (herein called the "Agreement 2. PRICE 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $360.00 in lawful money of Canada 2.2 $50.00 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or termination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 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. 2.4 If the Purchaser fails to complete this transaction on the Closing date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. 3. GOODS SERVICES TAX 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 shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. 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 Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. 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 such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor, (the "Closing D ate at a time mutually agreed upon by the parties hereto and not later than 3:00 local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 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 (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 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: 4.5 The Transfer /Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5. TITLE accordance with the teiins of a document registration agreement between such legal counsel, which will be prepared by the Vendor'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 in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. (a) delivered all the Non Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement: (c) has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer /Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of the Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and 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 and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day an except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 6. 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 Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor' obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 8. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 9. SURVEY The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF 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 interest or deduction and the Vendor shall not be liable for any costs or damages. 1L COMPLIANCE The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil Conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, Without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and (e) that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non- resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 14.1 This Agreement is conditional in favour of the Vendor upon the fulfilment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer /Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Location of Easement Bell Canada To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s) with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility; (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use of the Property unless otherwise det out herein; and (c) 15. TAXES AND FEES Land transfer taxes and registration fees payable in connection with registration of the Transfer /Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non- payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. 16. NOTICES that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. Any notices and other communications require or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: with a copy to: The Corporation of the City of Niagara Falls Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: City Solicitor Fax No.: (905) 371 -2892 If to the Purchaser at: the address shown on page 1 Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3rd business day following the date of mailing. 17. 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 by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT This Agreement can be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect to the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 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 in which the Property is located. 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 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will become null and void. The parties agree that this Agreement may be accepted by facsimile transmission 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. WITNESS WHEREOF, this instrument has been duly executed by Purchaser on Witness: Name: Witness: Name: 2007. ACCEPTANCE ROBERT RIZZ AMANDA ZAHRA the foregoing Agreement is accepted by Vendor on 200 THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: R.T. (Ted) Salci Title: Mayor Per: Name: Dean Iorfida Title: City Clerk I /We have authority to bind the Corporation BETWEEN: AND: AGREEMENT OF PURCHASE AND SALE ROBERT RIZZO AMANDA ZAHRA 4137 Muir Avenue Niagara Falls, Ontario L2E 3L2 (hereinafter referred to as the "Purchaser THE CORPORATION OF THE CITY OF NIAGARA FALLS, (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated as Part 17 on Plan 59R -13273 (hereinafter called the "Property upon the terms, conditions and provisions set forth in this offer (herein called "Agreement 2. PRICE 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $360.00 in lawful money of Canada. 2.2 $50.00 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or termination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 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 the usual adjustments to the Closing Date. 2.4 If the Purchaser fails to complete this transaction on the Closing Date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. h: \wpdocs \ptd \city of niagara falls\laneway dyson muir\agreement of purchase and sale rizzo -zahra (part 17).doc McLean Kerr LLP 2 3. GOODS SERVICES TAX 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 shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. 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 Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. 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 on or before closing to the Purchaser 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 such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 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 H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Rizzo -Zahra (Part 17).doc McLean Kerr LLP 5. TITLE 3 (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 Vendor's solicitors and shall be in the foini as recommended from time to time by the Law Society of Upper Canada. 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. 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement; (c) has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer/Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.5 The Transfer/Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Rizzo -Zahra (Part 17).doc McLean Kerr LLP 4 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of this Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and 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 and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day and except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 6. 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 Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor's obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 8. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 9. SURVEY The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF 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 interest or deduction and the Vendor shall not be liable for any costs or damages. H: \WPDOCS\ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Rizzo -Zahra (Part 17).doc McLean Kerr us 11. COMPLIANCE 5 The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and (e) that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 14.1 This Agreement is conditional in favour of the Vendor upon the fulfillment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal H: \WPDOCS\ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Rizzo -Zahra (Part 17).doc McLean Kerr LLP 6 Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer/Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Location of Easement Bell Canada To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s), with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility; (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use of the Property unless otherwise set out herein; and (c) that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. 15. TAXES AND ¥EES Land transfer taxes and registration fees payable in connection with registration of the Transfer/Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. H: \WPDOCS\ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Rizzo -Zahra (Part 17).doc McLean Kerr us 16. NOTICES If to the Vendor at: with a copy to: with a copy to: 7 All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: 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 130 Adelaide Street West Suite 2800 Toronto, Ontario M5H 3P5 Attention: P. Todd Davidson Fax No.: (416) 366 -8571 If to the Purchaser at: the address shown on page 1 Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3 business day following the date of mailing. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Rizzo -Zahra (Part 17).doc McLean Kerr LLP 17. TIME OF THE ESSENCE 8 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 by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT This Agreement shall not be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect of the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 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 in which the Property is located. 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 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will H: \WPDOCS\ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Rizzo -Zahra (Part 17).doc McLean Kerr uP become null and void. The parties agree that this Agreement may be accepted by facsimile transmission. 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on j j< 2007. Witness: 4, Name: 9 Per: ACCEPTANCE The foregoing Agreement is accepted by Vendor on 200_. THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Per: Name: Dean Iorfida Title: City Clerk UWe have authority to bind the City H: \WPDOCS\ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Rizzo -Zahra (Part 17).doc McLean Kerr isr A by -law to authorize the execution of an Agreement of Purchase and Sale with Christopher Nash and Janice Lorrane Nash respecting the purchase of lands being Part 11 on Reference Plan 59R- 13273; 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 May 16, 2007 and made between Christopher Nash and Janice Lorrane Nash and The Corporation of the City of Niagara Falls for the property described as Part 11 on Reference Plan 59R- 13273; 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 tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 2007. CITY OF NIAGARA FALLS By -law No. 2007 BETWEEN: AND: 2. PRICE AGREEMENT OF PURCHASE AND SALE CHRISTOPHER NASH JANICE LORRANE NASH 4115 Muir Avenue Niagara Falls, Ontario L2E 3L2 (hereinafter referred to as the "Purchaser THE CORPORATION OF THE CITY OF NIAGARA FALLS, (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated as Part 11 on Plan 59R -13273 (hereinafter called the "Property upon the terms, conditions and provisions set forth in this offer (herein called "Agreement 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $360.00 in lawful money of Canada. 2.2 $50.00 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or termination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 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 the usual adjustments to the Closing Date. 2.4 If the Purchaser fails to complete this transaction on the Closing Date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. h: \wpdocs \ptd \city of niagara falls \laneway dyson muir\agreement of purchase and sale nash (part 11).doc McLean Kerr LLP 3. GOODS SERVICES TAX 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 shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. 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 Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. 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 on or before closing to the Purchaser 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 such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 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 H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Nash (Part 11).doc McLean Kerr LLP 5. TITLE 3 (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 Vendor'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 in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement; (c) has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer /Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.5 The Transfer/Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Nash (Part 11).doc McLean Kerr LLr 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of this Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and 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 and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day and except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. NON FETTERING PROVISION 4 Nothing in this Agreement shall be construed, interpreted or deemed to limit or fetter the jurisdiction, authority or rights at law of the Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor's obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 8. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 9. SURVEY The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF 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 interest or deduction and the Vendor shall not be liable for any costs or damages. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Nash (Part 11).doc McLean Ken LLP 11. COMPLIANCE 5 The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. (e) 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 14.1 This Agreement is conditional in favour of the Vendor upon the fulfillment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Nash (Part 11).doc McLean Kerr LLP 15. TAXES AND FEES 6 Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer/Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Location of Easement Bell Canada To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s), with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility; (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use of the Property unless otherwise set out herein; and (c) that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. Land transfer taxes and registration fees payable in connection with registration of the Transfer/Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Nash (Part 11).doc McLean Kerr LLP 16. NOTICES 7 All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: with a copy to: 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 130 Adelaide Street West Suite 2800 Toronto, Ontario M5H 3P5 Attention: P. Todd Davidson Fax No.: (416) 366 -8571 If to the Purchaser at: the address shown on page 1 with a copy to: Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3 business day following the date of mailing. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Nash (Part 1 1).doc McLean Kerr LLP 17. 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 by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT This Agreement shall not be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect of the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 21. BINDING AGREEMENT 21.1 By accepting this Agreement, the Vendor and Purchaser indicate their willingness to be bound by all of its ten 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 in which the Property is located. 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 8 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Nash (Part 11).doc McLean Kerr LLP become null and void. The parties agree that this Agreement may be accepted by facsimile transmission. 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on /G m ,a 7 2007. Witness: c /.I lo F' is (',2 A4fir Witness: tZvv.C_� c k Name: 9 Name: CHRISTOPHER NASH FICE LORRANE NASH ACCEPTANCE The foregoing Agreement is accepted by Vendor on 200 THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: R.T. (Ted) Salci Title: Mayor Per: Name: Dean Iorfida Title: City Clerk Me have authority to bind the City H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Nash (Part 11).doc McLean Kerr LLP A by -law to authorize the execution of an Agreement of Purchase and Sale with Jeffery Ryersee and Lori Ryersee respecting the purchase of lands being Parts 13 and 14 on Reference Plan 59R- 13273; 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 June 4, 2007 and made between Jeffery Ryersee and Lori Ryersee and The Corporation of the City of Niagara Falls for the property described as Parts 13 and 14 on Reference Plan 59R- 13273; 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 tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 2007. CITY OF NIAGARA FALLS By -law No. 2007 BETWEEN: AND: 2. PRICE AGREEMENT OF PURCHASE AND SALE JEFI+ERY RYERSEE LORI RYERSEE 4121 Muir Avenue Niagara Falls, Ontario L2E 3L2 (hereinafter referred to as the "Purchaser THE CORPORATION OF THE CITY OF NIAGARA FALLS, (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated as Part 13 g an4S9R -13273 (hereinafter called the "Property upon the terms, conditions and pro 'isioi s set forth in this offer (herein called "Agreement The purchase price for the Property (herein called the "Purchase Price shall be $166:OO in lawful money of Canada. $5.1..9.0 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or termination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 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 the usual adjustments to the Closing Date. 2.4 If the Purchaser fails to complete this transaction on the Closing Date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. h: \wpdocs \ptd \city of niagara falls\laneway dyson muir\agreement of purchase and sale ryersee (part 13).doc McLean Kerr LLP 3. GOODS SERVICES TAX 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 shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. 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 Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. 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 on or before closing to the Purchaser a written certificate certifying that the transaction is not subject to GST. 4. CLOSING 2 4.1 The closing of the transaction contemplated herein shall take place on such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 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 H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Ryersee (Part 13).doc McLean Kerr LLP (c) 5. TITLE 3 (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 Vendor'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 in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement; has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the. Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer/Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.5 The Transfer/Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable faun in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Ryersee (Part 13).doc McLean Kerr LLP 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of this Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and 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 and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day and except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 6. NON FETTERING PROVISION 4 Nothing in this Agreement shall be construed, interpreted or deemed to limit or fetter the jurisdiction, authority or rights at law of the Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor's obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 9. SURVEY The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF 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 interest or deduction and the Vendor shall not be liable for any costs or damages. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Ryersee (Part I3).doc McLean Kerr LLr 5 11. COMPLIANCE The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and (e) that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 14.1 This Agreement is conditional in favour of the Vendor upon the fulfillment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Ryersee (Part 13).doc McLean Kerr LLP 6 Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer/Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Location of Easement Bell Canada To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s), with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility; (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use of the Property unless otherwise set out herein; and (c) 15. TAXES AND FEES that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. Land transfer taxes and registration fees payable in connection with registration of the Transfer/Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Ryersee (Part 13).doc McLean Kerr LLr 16. NOTICES 7 All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: with a copy to: with a copy to: 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 130 Adelaide Street West Suite 2800 Toronto, Ontario M5H 3P5 Attention: P. Todd Davidson Fax No.: (416) 366 -8571 If to the Purchaser at: the address shown on page 1 TAN DouGLa JAT,TT\TKA JAT,UVKA AND SAUER 4701 ST. CLAIR AVE, SUITE 101 NIAGARA FALLS, ON L2E 3S9 Tel: 905 356 -6484 Fax: 905 356 -3004 Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3 business day following the date of mailing H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\L.ANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Ryersee (Part 13).doc McLean Kerr L12 17. 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 by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT This Agreement shall not be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect of the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 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 in which the Property is located. 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 8 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Ryersee (Part 13).doc McLean Kerr LLP Nam Witness: 9 become null and void. The parties agree that this Agreement may be accepted by facsimile transmission. 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on 2001 2007. Witness: mom s- Vame� /Yley- Oafb ACCEPTANCE The foregoing Agreement is accepted by Vendor on 200_. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: R.T. (Ted) Salci Title: Mayor Per: ORI RYERSEE Name: Dean Iorfida Title: City Clerk I/We have authority to bind the City H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Ryersee (Part 13).doc McLean Kerr LLP A by -law to authorize the execution of an Agreement of Purchase and Sale with Olga Jegaline respecting the purchase of lands being Part 2 on Reference Plan 59R- 13273; 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 August 17, 2007 and made between Olga Jegaline and The Corporation of the City of Niagara Falls for the property described as Part 2 on Reference Plan 59R- 13273; 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 tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 2007. CITY OF NIAGARA FALLS By -law No. 2007 BETWEEN: AND: 2. PRICE AGREEMENT OF PURCHASE AND SALE OLGA JEGALINE 1859 East 7 Avenue Vancouver, British Columbia V5N 1S1 (hereinafter referred to as the "Purchaser THE CORPORATION OF THE CITY OF NIAGARA FALLS, (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated as Part 2 on Plan 59R -13273 (hereinafter called the "Property upon the terms, conditions and provisions set forth in this offer (herein called "Agreement 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $360.00 in lawful money of Canada. 2.2 $50.00 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or teiniination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 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 the usual adjustments to the Closing Date. 2.4 If the Purchaser fails to complete this transaction on the Closing Date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. h: \wpdocs \ptd \city of niagara falls \laneway dyson muir\agreement of purchase and sale jegaline (part 2).doc McLean Kerr LLP 2 3. GOODS SERVICES TAX 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 shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. 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 Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. 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 on or before closing to the Purchaser 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 such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 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 H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Jegaline (Part 2).doc McLean Ken LLP 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (c) has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer /Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.5 The Transfer/Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5. TITLE 3 (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 Vendor'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 in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. (a) delivered all the Non Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement; 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Jegaline (Part 2).doc McLean Kerr LLP 4 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of this Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and 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 and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day and except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 6. 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 Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor's obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 8. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 9. SURVEY The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF 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 interest or deduction and the Vendor shall not be liable for any costs or damages. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Jegaline (Part 2).doc McLean Kerr LLP 5 11. COMPLIANCE The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and (e) that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 14.1 This Agreement is conditional in favour of the Vendor upon the fulfillment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Jegaline (Part 2).doc McLean Kerr LLP 6 Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer/Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Location of Easement Bell Canada To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s), with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility; (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use of the Property unless otherwise set out herein; and (c) that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. 15. TAXES AND FEES Land transfer taxes and registration fees payable in connection with registration of the Transfer/Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Jegaline (Part 2).doc McLean Kerr LLP 16. NOTICES 7 All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: with a copy to: 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 130 Adelaide Street West Suite 2800 Toronto, Ontario M5H 3P5 Attention: P. Todd Davidson Fax No.: (416) 366 -8571 If to the Purchaser at: the address shown on page 1 with a copy to: ct Y c .n e r 2 5 /fd' ��6 C�o vt-rt2 c7c v Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3 business day following the date of mailing. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Jegaline (Part 2).doc McLean Kerr LLP 17. 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 by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT This Agreement shall not be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect of the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 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 in which the Property is located. 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 8 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Jegaline (Part 2).doc McLean Kerr LLP become null and void. The parties agree that this Agreement may be accepted by facsimile transmission. 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on /-7 0 Witness: Name c 4 ;;?rt=74 9 Per: OL JEGALINE ACCEPTANCE The foregoing Agreement is accepted by Vendor on 200 THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Per: Name: Dean Iorfida Title: City Clerk We have authority to bind the City H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Jegaline (Part 2).doc McLean Kerr LLP A by -law to authorize the execution of an Agreement of Purchase and Sale with Winston Willesley Harriott and Elaine Marlene Mellow respecting the purchase of lands being Part 3 on Reference Plan 59R- 13273; 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 May 25, 2007 and made between Winston Willesley Harriott and Elaine Marlene Mellow and The Corporation of the City of Niagara Falls for the property described as Part 3 on Reference Plan 59R- 13273; 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 tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 2007. CITY OF NIAGARA FALLS By -law No. 2007 BETWEEN: AND: 2. PRICE AGREEMENT OF PURCHASE AND SALE WINSTON WILLESLEY HARRIOTT ELAINE MARLENE MELLOW 4083 Muir Avenue Niagara Falls, Ontario L2E 3L2 (hereinafter referred to as the "Purchaser THE CORPORATION OF THE CITY OF NIAGARA FALLS, (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated as Part 3 on Plan 59R -13273 (hereinafter called the "Property upon the terms, conditions and provisions set forth in this offer (herein called "Agreement 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $360.00 in lawful money of Canada. 2.2 $50.00 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or termination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 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 the usual adjustments to the Closing Date. 2.4 If the Purchaser fails to complete this transaction on the Closing Date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. h: \wpdocs \ptd \city of niagara falls \laneway dyson muir\agreement of purchase and sale harriott- mellow (part 3).doc McLean Kerr LLP 3. GOODS SERVICES TAX 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 shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. 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 Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. 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 on or before closing to the Purchaser a written certificate certifying that the transaction is not subject to GST. 4. CLOSING 2 4.1 The closing of the transaction contemplated herein shall take place on such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 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 H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Harriott- Mellow (Part 3).doc McLean Kerr LLP 5. TITLE 3 (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 Vendor'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 in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement; (c) has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer/Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.5 The Transfer /Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Harriott- Mellow (Part 3).doc McLean Kerr LLP 4 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of this Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and 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 and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day and except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 6. 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 Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor's obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 8. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 9. SURVEY The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF 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 interest or deduction and the Vendor shall not be liable for any costs or damages. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Harriott- Mellow (Part 3).doc McLean Kerr LLP 11. COMPLIANCE 5 The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and (e) that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 14.1 This Agreement is conditional in favour of the Vendor upon the fulfillment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Harriott- Mellow (Part 3).doc McLean Kerr LLP 6 Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer/Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Location of Easement Bell Canada To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s), with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility; (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use of the Property unless otherwise set out herein; and (c) that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. 15. TAXES AND FEES Land transfer taxes and registration fees payable in connection with registration of the Transfer/Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Harriott- Mellow (Part 3).doc McLean Kerr LLP 16. NOTICES 7 All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: with a copy to: with a copy to: 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 130 Adelaide Street West Suite 2800 Toronto, Ontario M5H 3P5 Attention: P. Todd Davidson Fax No.: (416) 366 -8571 If to the Purchaser at: the address shown on page 1 Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3 business day following the date of mailing. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Harriott- Mellow (Part 3).doc McLean Kerr LLP 17. 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 by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT This Agreement shall not be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect of the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 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 in which the Property is located. 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 8 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Harriott- Mellow (Part 3).doc McLean Kerr w,r 2 2007. Witnes Name: Witness: 1 Nam become null and void. The parties agree that this Agreement may be accepted by facsimile transmission. 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on ACCEPTANCE Per: Per: ()L-f WINS ON WILLESLEY HARRIOTT ELAINE MARLENE MELLOW The foregoing Agreement is accepted by Vendor on 200 THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk Me have authority to bind the City H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Harriott- Mellow (Part 3).doc McLean Kerr LLP A by -law to authorize the execution of an Agreement of Purchase and Sale with Giovanni Bonaldo and Lidia Bonaldo respecting the purchase of lands being Part 4 on Reference Plan 59R- 13273; 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 November 13, 2007 and made between Giovanni Bonaldo and Lidia Bonaldo and The Corporation of the City of Niagara Falls for the property described as Part 4 on Reference Plan 59R 13273; 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 tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 2007. CITY OF NIAGARA FALLS By -law No. 2007 BETWEEN: AND: 2. PRICE AGREEMENT OF PURCHASE AND SALE GIOVANNI BONALDO LIDIA BONALDO 4087 Dyson Avenue Niagara Falls, Ontario L2E 3L7 (hereinafter referred to as the "Purchaser THE CORPORATION OF THE CITY OF NIAGARA. FALLS, (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated as Part 4 on Plan 59R -13273 (hereinafter called the "Property upon the terms, conditions and provisions set forth in this offer (herein called "Agreement 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $360.00 in lawful money of Canada. 2.2 $50.00 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or teimination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 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 the usual adjustments to the Closing Date. 2.4 If the Purchaser fails to complete this transaction on the Closing Date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. h: \wpdocs \ptd \city of niagara falls \laneway dyson muir\agreement of purchase and sale bonaldo (part 4).doc McLean Kerr LLP 2 3. GOODS SERVICES TAX 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 shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. 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 Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. 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 on or before closing to the Purchaser 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 such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 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 H: \WPDOCS\ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE- Bonaldo (Part 4).doc McLean Kerr LLP 5. TITLE 3 (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 Vendor'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 in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement; (c) has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer /Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.5 The Transfer /Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. H: \WPDOCS\ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE- Bonaldo (Part 4).doc McLean Kerr LLP 4 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of this Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any inteiiiiediate acts or negotiations in respect of such objections, shall be at an end and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day and except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 6. 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 Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor's obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 8. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 9. SURVEY The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF 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 interest or deduction and the Vendor shall not be liable for any costs or damages. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Bonaldo (Part 4).doc McLean Kerr LLP 11. COMPLIANCE The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) 5 to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. (e) 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 14.1 This Agreement is conditional in favour of the Vendor upon the fulfillment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Bonaldo (Part 4).doc McLean Kerr LLP Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer/Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Location of Easement Bell Canada To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s), with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility; (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use of the Property unless otherwise set out herein; and that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. (c) 15. TAXES AND FEES 6 Land transfer taxes and registration fees payable in connection with registration of the Transfer/Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Bonaldo (Part 4).doc McLean Ken LLP 16. NOTICES All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: with a copy to: 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 130 Adelaide Street West Suite 2800 Toronto, Ontario M5H 3P5 Attention: P. Todd Davidson Fax No.: (416) 366 -8571 If to the Purchaser at: the address shown on page 1 with a copy to: Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3 business day following the date of mailing. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Bonaldo (Part 4).doc McLean Kerr LLP 17. 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 by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT 8 This Agreement shall not be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect of the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 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 in which the Property is located. 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 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Bonaldo (Part 4).doc McLean Kerr LLP become null and void. The parties agree that this Agreement may be accepted by facsimile transmission. 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on 2007. Witness: fgR-NC o P 608,pLo 6 Witness: fa►91N c0 P 6 O,'i L J a 9 ACCEPTANCE The foregoing Agreement is accepted by Vendor on Per: Per: GIO N1 BONALDO LIDIA BONALDO Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk 200 THE CORPORATION OF THE CITY OF NIAGARA FALLS Me have authority to bind the City H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Bonaldo (Part 4).doc McLean Kerr LLP A by -law to authorize the execution of an Agreement of Purchase and Sale with 1162772 Ontario Limited respecting the purchase of lands being Part 20 on Reference Plan 59R- 13273; 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 May 16, 2007 and made between 1162772 Ontario Limited and The Corporation of the City of Niagara Falls for the property described as Part 20 on Reference Plan 59R- 13273; 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 tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 2007. CITY OF NIAGARA FALLS By-law No. 2007 BETWEEN: AND: 2. PRICE AGREEMENT OF PURCHASE AND SALE 1162772 ONTARIO LIMITED 2701 Thompson Road Niagara Falls, Ontario L2E 6S4 (hereinafter referred to as the "Purchaser THE CORPORATION OF THE CITY OF NIAGARA FALLS, (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated as Part 20 on Plan 59R -13273 (hereinafter called the "Property upon the terms, conditions and provisions set forth in this offer (herein called "Agreement 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $360.00 in lawful money of Canada. 2.2 $50.00 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or termination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 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 the usual adjustments to the Closing Date. 2.4 If the Purchaser fails to complete this transaction on the Closing Date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. h: \wpdocs \ptd \city of niagara falls\laneway dyson muir\agreement of purchase and sale 1162772 ontario (part 20).doc McLean Kerr LLP 4. CLOSING 2 3. GOODS SERVICES TAX 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 shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. 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 Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. 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 on or before closing to the Purchaser a written certificate certifying that the transaction is not subject to GST. 4.1 The closing of the transaction contemplated herein shall take place on such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a fowl satisfactory to the Vendor. 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 H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE 1162772 Ontario (Part 20).doc McLean Kerr LLP 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement; (b) (c) has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer/Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.5 The Transfer/Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5. TITLE 3 (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 Vendor'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 in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE 1162772 Ontario (Part 20).doc McLean Kerr LLP 4 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of this Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and 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 and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day and except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 6. 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 Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor's obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 8. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 9. SURVEY The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF 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 interest or deduction and the Vendor shall not be liable for any costs or damages. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE 1162772 Ontario (Part 20).doc McLean Kerr LLP 11. COMPLIANCE 5 The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and (e) that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 14.1 This Agreement is conditional in favour of the Vendor upon the fulfillment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE 1162772 Ontario (Part 20).doc McLean Kerr LLP 6 Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer /Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Location of Easement Bell Canada To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s), with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility; (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use of the Property unless otherwise set out herein; and (c) 15. TAXES AND FEES that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. Land transfer taxes and registration fees payable in connection with registration of the Transfer/Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE 1162772 Ontario (Part 20).doc McLean Kerr iLr 16. NOTICES 7 All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: with a copy to: with a copy to: 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 130 Adelaide Street West Suite 2800 Toronto, Ontario M5H 3P5 Attention: P. Todd Davidson Fax No.: (416) 366 -8571 If to the Purchaser at: the address shown on page 1 Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3 business day following the date of mailing. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE 1162772 Ontario (Part 20).doc McLean Kerr LLP 17. 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 by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT 8 This Agreement shall not be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect of the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 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 in which the Property is located. 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 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will become null and void. The parties agree that this Agreement may be accepted by facsimile transmission. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE 1162772 Ontario (Part 20).doc McLean Kerr LLP 9 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on G 2007. 1162772 ONTARIO LIMITED Per: Name: Title: Per: Name: Title: -sletx I/We have authority to bind the Corporation ACCEPTANCE The foregoing Agreement is accepted by Vendor on 200 THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: R.T. (Ted) Salci Title: Mayor Per: Name: Dean Iorfida Title: City Clerk I/We have authority to bind the City H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE 1162772 Ontario (Part 20).doc McLean Kerr LLP A by -law to authorize the execution of an Agreement of Purchase and Sale with 1162771 Ontario Limited respecting the purchase of lands being Part 19 on Reference Plan 59R- 13273; 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 May 16, 2007 and made between 1162771 Ontario Limited and The Corporation of the City of Niagara Falls for the property described as Part 19 on Reference Plan 59R 13273; 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 tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 2007. CITY OF NIAGARA FALLS By -law No. 2007 BETWEEN: AND: 2. PRICE AGREEMENT OF PURCHASE AND SALE 1162771 ONTARIO LIMITED 2701 Thompson Road Niagara Falls, Ontario L2E 6S4 (hereinafter referred to as the "Purchaser THE CORPORATION OF THE CITY OF NIAGARA FALLS, (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated as Part 19 on Plan 59R -13273 (hereinafter called the "Property upon the terms, conditions and provisions set forth in this offer (herein called "Agreement 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $360.00 in lawful money of Canada. 2.2 $50.00 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or termination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 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 the usual adjustments to the Closing Date. 2.4 If the Purchaser fails to complete this transaction on the Closing Date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. h: \wpdocs \ptd \city of niagara falls\laneway dyson muir\agreement of purchase and sale 1162771 ontario (part 19).doc McLean Kerr LLP 2 3. GOODS SERVICES TAX 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 shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. 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 Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. 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 on or before closing to the Purchaser 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 such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 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 H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE 1162771 Ontario (Part 19).doc McLean Kerr LLP (c) 5. TITLE 3 (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 Vendor'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 in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement; has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer /Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.5 The Transfer /Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE 1162771 Ontario (Part 19).doc McLean Kerr LLP 8. UFFI 9. SURVEY 4 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of this Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and 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 and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day and except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 6. 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 Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor's obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF 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 interest or deduction and the Vendor shall not be liable for any costs or damages. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE 1162771 Ontario (Part 19).doc McLean Kerr LLP 11. COMPLIANCE 5 The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and (e) that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 14.1 This Agreement is conditional in favour of the Vendor upon the fulfillment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE- 1162771 Ontario (Part 19).doc McLean Kerr LLP 6 Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer/Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Bell Canada Location of Easement To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s), with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility; (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use of the Property unless otherwise set out herein; and (c) that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. 15. TAXES AND FEES Land transfer taxes and registration fees payable in connection with registration of the Transfer/Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE 1162771 Ontario (Part 19).doc McLean Kerr LLP 16. NOTICES 7 All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: with a copy to: 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 Ken LLP Barristers Solicitors 130 Adelaide Street West Suite 2800 Toronto, Ontario M5H 3P5 Attention: P. Todd Davidson Fax No.: (416) 366 -8571 If to the Purchaser at: the address shown on page 1 with a copy to: Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3 business day following the date of mailing. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE 1162771 Ontario (Part 19).doc McLean Kerr LLP 17. 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 by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT 8 This Agreement shall not be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect of the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 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 in which the Property is located. 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 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will become null and void. The parties agree that this Agreement may be accepted by facsimile transmission. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE 1162771 Ontario (Part 19).doc McLean Kerr LLP 9 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on 1 1 ad 6 2007. 1162771 ONTARIO LIMITED Per: jct clr Title: Per: Name: Title: ACCEPTANCE The foregoing Agreement is accepted by Vendor on 200 Per: Name: R.T. (Ted) Salci Title: Mayor Per: Name: Dean Iorfida Title: City Clerk I/We have authority to bind the City H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE 1162771 Ontario (Part 19).doc McLean Kerr LLP I/We have authority to bind the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS A by -law to authorize the execution of an Agreement of Purchase and Sale with Mark Henry Levesque respecting the purchase of lands being Part 9 on Reference Plan 59R- 13273; 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 May 16, 2007 and made between Mark Henry Levesque and The Corporation of the City of Niagara Falls for the property described as Part 9 on Reference Plan 59R 13273; 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 tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 2007. CITY OF NIAGARA FALLS By -law No. 2007 BETWEEN: AND: AGREEMENT OF PURCHASE AND SALE MARK HENRY LEVESQUE CHERYL LEAH LEVESQUE 4105 Muir Avenue Niagara Falls, Ontario L2E 3L2 (hereinafter referred to as the "Purchaser THE CORPORATION OF THE CITY OF NIAGARA FALLS, (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated as Part 9 on Plan 59R -13273 (hereinafter called the "Property upon the terms, conditions and provisions set forth in this offer (herein called "Agreement 2. PRICE 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $360.00 in lawful money of Canada. 2.2 $50.00 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or termination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 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 the usual adjustments to the Closing Date. 2.4 If the Purchaser fails to complete this transaction on the Closing Date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. h: \wpdocs \ptd \city of niagara falls\laneway dyson muir\agreement of purchase and sale levesque (part 9).doc McLean Kerr LLP 2 3. GOODS SERVICES TAX 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 shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. 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 Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. 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 on or before closing to the Purchaser 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 such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 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 H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Levesque (Part 9).doc McLean Ken LLP 5. TITLE 3 (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 Vendor's solicitors and shall be in the Balm as recommended from time to time by the Law Society of Upper Canada. 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. 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement; (c) has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer/Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.5 The Transfer/Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Levesque (Part 9).doc McLean Kerr LLP 9. SURVEY 4 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of this Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and 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 and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day and except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 6. 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 Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor's obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 8. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF 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 interest or deduction and the Vendor shall not be liable for any costs or damages. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Levesque (Part 9).doc McLean Kerr LLP 11. COMPLIANCE The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and (e) that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 5 14.1 This Agreement is conditional in favour of the Vendor upon the fulfillment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Levesque (Part 9).doc McLean Kerr LLP Utility Bell Canada (c) 15. TAXES AND FEES 6 Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer/Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Location of Easement To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s), with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility; (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use of the Property unless otherwise set out herein; and that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. Land transfer taxes and registration fees payable in connection with registration of the Transfer /Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Levesque (Part 9).doc McLean Kerr LLP 16. NOTICES 7 All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: with a copy to: 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 130 Adelaide Street West Suite 2800 Toronto, Ontario M5H 3P5 Attention: P. Todd Davidson Fax No.: (416) 366 -8571 If to the Purchaser at: the address shown on page 1 with a copy to: Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3 business day following the date of mailing. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Levesque (Part 9).doc McLean Kerr LLP 17. 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 by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT This Agreement shall not be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect of the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 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 in which the Property is located. 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 8 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Levesque (Part 9),doc McLean Kerr LLP 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 9 become null and void. The parties agree that this Agreement may be accepted by facsimile transmission. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. IN I WITNESS WHEREOF, this instrument has been duly executed by Purchaser on No.k. Ca p 2007. Witness: Name: MARK HENRY LEVESQUE Witness: Name: ACCEPTANCE The foregoing Agreement is accepted by Vendor on 200 Per: Name: R.T. (Ted) Salci Title: Mayor Per: Name: Dean Iorfida Title: City Clerk E THE CORPORATION OF THE CITY OF NIAGARA FALLS I/We have authority to bind the City H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Levesque (Part 9).doc McLean Kerr LLP CITY OF NIAGARA FALLS By -law No. 2007 A by -law to prohibit or regulate the placing or dumping of fill, the removal of topsoil and the alteration of the grade of land within the City of Niagara Falls. WHEREAS subsection 142(2) of the Municipal Act, 2001, S .O.2001, c.25, as amended, provides that the Council of a local municipality may pass by -laws to prohibit or regulate the placing or dumping of fill, the removal of topsoil or the alteration of the grade of the land in any defined area or on any class of land; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to regulate or prohibit certain site alterations within the City of Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Definitions 1. In this By -law, (a) "Agricultural land" means, (i) land upon which agriculture is a permitted use pursuant to the applicable Zoning By -law of the City of Niagara Falls; (ii) land which is being used for agriculture at the time of the application for a permit; (b) "City" means The Corporation of the City of Niagara Falls; (c) "Council" means the Council of The Corporation of the City of Niagara Falls; (d) "Director" means the Director of Municipal Works for The Corporation of the City of Niagara Falls, or his or her designate; (e) "Drainage" means the movement of water to a place of disposal, whether by way of the natural characteristics of the ground surface or by an artificial method; (f) "Dumping" and "dump" means the depositing of fill in a location other than where the fill was obtained, and includes the movement and depositing of fill from one location on a property to another location on the same property; (g) "Erosion" means the detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity; (h) "Existing grade" means the elevation of the existing ground surface of the lands upon which dumping or placing of fill, or both, is proposed and of abutting ground surface up to three (3) metres wide surrounding such lands, except that where placing or dumping of fill has occurred in contravention of this By -law, "existing grade" shall mean the ground surface of the lands as it existed prior to the placing or dumping of such fill; (i) "Fill" means any type of material capable of being deposited or placed on lands and includes soil, stone, concrete, asphalt, sod or turf, either singly or in combination; (j) "Finished grade" means the approved elevation of the ground surface of lands upon which fill has been placed or dumped, or the grade altered in accordance with this By -law; (k) "Inspector" means any person designated from time to time by the Director for the purposes of this By -law; (1) "Normal agricultural practices" means any activity performed on private lands by the owner or owner's agent that is considered by the Ministry of Agriculture, Food and Rural Affairs to be a routine or common procedure for the type of crop, soil type or general climatic conditions related to the subject property; (m) (n) "Permit" means a permit issued pursuant to this By -law; (o) "Place of disposal" means a municipally -owned storm drainage sewer, roadside ditch, a natural watercourse, or an outlet for storm drainage approved by the Corporation; (p) (q) -2- "Owner" includes the registered owner of the lands on which fill is proposed to be placed or dumped or which lands are to be re- graded, and any person, firm or corporation, whether alone or with others, that has the right to possess or occupy the lands or actually does occupy or possess the lands, including a lessee; "Placing" and "place" means the distribution of fill on lands to establish a finished grade different from the existing grade; "Ponding" means the accumulation surface water in an area not having drainage therefrom where the lack of drainage is caused by the placing or dumping of fill, or altering of the grade of the land; (w Application of By -law -3- (r) "Proposed grade" means the proposed elevation of ground surface of land upon which fill is proposed to be placed or dumped, or the grade altered; (s) "Retaining wall" means a wall designed to contain and support fill which has a finished grade higher than that of adjacent lands; (t) "Site" means the lands which are the subject of an application for a permit pursuant to this By -law; (u) "Soil" means material commonly known as earth, topsoil, loam, subsoil, clay, sand or gravel; (v) "Soil Scientist" means a person holding a degree granted by a Canadian University or College attesting to completion of a course of study of the agricultural qualities of soil or to training in the grading and typing of agricultural soil or such equivalent qualification as is acceptable to the Director; "Storm sewer" means a sewer for the collection and transmission of uncontaminated water, storm water, drainage from land or from a watercourse or any combination thereof under City roads and on City property; (x) "Swale" means a shallow depression in the ground sloping to a place of disposal of surface water for the purpose of providing a method of drainage; (y) "Topsoil" means those horizons in a soil profile, commonly known as the "0" and the "A" horizons, containing organic material and includes deposits of partially decomposed organic matter such as peat; (z) "Watercourse" means an open channel, ditch or depression, either natural or artificial, in which the flow of water occurs, either continuously or intermittently. 2. No person shall dump, or cause or permit the placing or dumping of fill on, nor alter or cause or permit the alteration of the grade of, any lands in the City, including lands which are submerged under any watercourse or other body of water, without first having obtained a Permit issued by the Director pursuant to this By -law. 3. No person shall remove, or cause or permit the removal of any topsoil from any site in the City without first having obtained a Permit issued by the Director pursuant to this By -law. Permit Application 4. A person applying for a Permit shall submit the following to the Director: (a) a complete application in the form approved by the Director as is amended from time to time by the Director; (b) the fee prescribed for a Permit as set out in Schedule "A (c) a Control Plan, the requirements of which are set out in section 7; (d) Phase I, Phase II and Phase III Environmental Site Assessment Reports, as required by the Director; (e) (f) (g) -4- a plan showing properly scaled design details of any retaining wall that the applicant proposes, or that may be required by the Director, including the dimensions thereof and any materials to be used in the construction of any such retaining wall; securities in accordance with Schedule "A" to secure performance of the applicant's obligations under this By -law and any Permit issued hereunder; and in the case of Agricultural land a report prepared by and signed by a Soil Scientist confirming that the site alteration will maintain or improve the overall fertility of the soil of the site. 5. An applicant for a Permit shall, in addition to the requirements in section 4: (a) certify that the fill contains no contaminants within the meaning of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended; and (b) forever and unconditionally release and indemnify the City with respect to any and all liability which may arise in the event that the fill contains contaminants within the meaning of the Environmental Protection Act, and any successor legislation. 6. The certificate and release and indemnity required by subsections 5(a) and (b), respectively, shall be in the form prescribed by the Director from time to time. Control Plans 7. A Control Plan required to be submitted as part of an application for Permit pursuant to this By -law shall include, where applicable: -5- (a) a key map showing the location of the site; (b) the site boundaries, and the size of the site in hectares; (c) the current and proposed use of the site and the location and use of buildings and other structures adjacent to the site; (d) the location, dimensions and use of the buildings and other structures existing or proposed to be erected on the site; (e) the location of lakes, streams, wetlands, channels, ditches, other water courses and other bodies of water on the site and within fifteen (15) metres beyond the site boundaries for sites less than 0.2 hectares, and within thirty (30) metres beyond the site boundaries for sites greater than 0.2 hectares; (f) the Regional Storm Flood Plain and Conservation Authority Fill Regulation lines, with appropriate setbacks as required by the Conservation Authority; (g (h) the location and dimensions of any existing and proposed storm water drainage systems and natural drainage patterns on and within fifteen (15) metres beyond the site boundaries for sites less than 0.2 hectares, and within thirty (30) metres beyond the site boundaries for sites greater than 0.2 hectares; the location of the predominant soil types; the location and dimensions of utilities, structures, roads, highways and paving; the existing site topography at a contour interval not to exceed 0.5 metres and to extend a minimum of fifteen (15) metres beyond the site boundaries for sites less than 0.2 hectares, and within thirty (30) metres beyond the site boundaries for sites greater than 0.2 hectares; (k) the location, diameter, species and drip line of all trees with a calliper measuring 100mm or greater at breast height, all other vegetation to be identified in masses showing outline of canopy created by the massing; (1) all existing vegetation 3 metres outside of the site boundaries or property lines must be identified, including City trees, individually locating all trees with a calliper measuring 100mm or greater at breast height, all other vegetation to be identified in masses showing outline of canopy created by the massing; (m) the proposed final elevations of the site; -6- (n) the location and dimensions of all proposed land disturbance; (o) the location and dimensions of all temporary soil or dirt stockpiles; (p) (q) provisions for the maintenance of site control measures during construction; (r) the scale of the drawing; and (s) any other necessary information with respect to the site, as required by the Director. 8. Every Control Plan accompanying an application for Permit must be certified by a Professional Engineer who is licensed to practice in the Province of Ontario, or by any other qualified person approved by the Director. 9. Notwithstanding any other provisions of this By -law, the Director may, at his or her sole discretion, waive the requirement for a Control Plan, or any part thereof, and may reduce the fee for a Permit under this By -law, after taking into consideration the proposed works and the anticipated impact on the site and the surrounding environment. Agreement with City the location, dimensions, design details, estimated costs and design calculations of all construction site control measures necessary to meet the requirements of this By -law; 10. The Director may, prior to the issuance of a Permit under this By -law, require the Applicant to enter into an agreement with the City to provide security for the Applicant's obligations under this By -law and any Permit issued hereunder, and such requirements as the Director considers necessary to ensure that the work is in accordance with proper engineering and environmental practices. The said agreement may be registered on title to the site, and the Mayor and City Clerk are hereby authorized to execute any such agreement on behalf of the City. Issuance of Permit 11. The Director shall issue a Permit pursuant to this By -law where: (a) the Director is satisfied that the lands which are the subject of the application are not within an area where the placing or dumping of fill, removal of topsoil or alteration of the grade of land is prohibited under this By -law, or any other applicable law; (i) soil erosion; (ii) blockage of a watercourse; (iii) siltation in a watercourse or storm sewer; (iv) pollution or contamination of a watercourse; (v) flooding or ponding on abutting lands; (vi) flooding or ponding caused by a watercourse overflowing its banks; (vii) a detrimental effect on any trees of a caliper of seventy -five (75) millimetres or more located on the site; (viii) a detrimental effect on matters of inherent biological sensitivity such as aquifer recharge, water quality, unusual plants or wildlife and overwintering habitats; (ix) a detrimental effect on the amenities of adjacent lots; (x) hindering the orderly development of any lands; (xi) physical damage to the adjacent roadway; or (xii) a detrimental effect upon the fertility or viability of Agricultural land. Terms, Conditions and Design Guidelines -7- (b) the Director is satisfied that Applicant has complied or will comply with all requirements of this By -law, including the payment of all applicable fees, charges, securities and deposits; (c) the Applicant has entered into an agreement as referred to in section 10 of this By -law, if required by the Director, and has performed all of its obligations under the agreement which are required to be performed prior to the issuance of the Permit; (d) the Director is satisfied that the proposed final elevation, the resulting drainage patterns, the design of any retaining wall, the type of fill to be used, if any, and the method of placing or dumping of fill, removal of topsoil or alteration of the grade of land are all in accordance with proper engineering and environmental practices; and (e) the Director is satisfied that the placing or dumping of fill, removal of topsoil or alteration of the grade of the land will not result in: 12. The Director or an Inspector may impose such terms, conditions and design guidelines upon the issuance of any Permit as serve the purposes of this By -law. 13. The Director may require, as a condition of any Permit issued pursuant to this By -law, that a retaining wall, which does not encroach upon abutting lands either above or below existing grade, and which is not so high as to have a significant negative impact on abutting lands, be constructed where: -8- 1. erosion of fill onto abutting lands may occur as a result of the work which is the subject of the Permit; or 2. the finished grade of the site at the property line is higher than the existing grade of the abutting land. Compliance with Plans and Conditions, Applicable Law 14. Where a Permit has been issued pursuant to this By -law, no person shall place or dump fill, remove topsoil or alter the grade of land except in accordance with the plans, documents and any other information on the basis of which the Permit was issued, and in compliance with any terms, conditions and design guidelines imposed by the Director. 15. Notwithstanding any other provision of this By -law, the Director shall not issue a Permit for any site defined or designated as an "Environmentally Sensitive Area" by the City's Official Plan or the Official Plan of the Regional Municipality of Niagara, without the prior approval of Council. 16. Notwithstanding any other provision of this By -law, no person shall place or dump, or cause or permit the placing or dumping of fill on any lands for the purpose of outside storage unless the outside storage of such fill is permitted by the City's Zoning By -law, as amended from time to time. 17. Notwithstanding the issuance of a Permit pursuant to this By -law, an applicant and /or owner shall comply with all other applicable federal, provincial and municipal law. Request for Inspection 18. An applicant for a Permit, or his or her authorized agent, shall, where a Permit has been issued pursuant to this By -law, request the Director to make inspections at the commencement and at the conclusion of the work which is the subject of the Permit, and shall request such further inspection as may be required by the Director. Time Limit for Permits 19. A Permit issued pursuant to this By -law shall be valid for a period of six (6) months from the date of issuance, but shall expire three (3) months from the date of issuance if work has not been commenced by that date. A Permit which is no longer valid or which has expired pursuant to this section may be renewed within a six (6) month period following the date of expiration upon written application to the Director, accompanied by a payment of one half of the original Permit fee, provided that the proposed work which was the subject of the Permit has not be revised in any way. Transfer of Permit -9- 20. If the lands for which a Permit has been issued are transferred while the Permit remains in effect and outstanding, any subsequent registered owner shall, prior to the closing of the transaction: (a) provide the City with written consent to the transfer to the Permit into the name of the subsequent registered owner; and (b) provide security in a form and amount acceptable to the Director, at which time any security previously provided by the original Permit holder pursuant to this By -law shall be released. 21. If the provisions of section 20 are not complied with, the Permit shall be deemed to be cancelled as of the date of the closing of the transfer of the lands for which the Permit had been issued. Minimum Standards 22. In addition to all other requirements in this By -law, no person shall place or dump, or cause or permit the placing or dumping of fill, removal of topsoil or alteration of the grade of land in the City unless: (a) it is done at the request of, or with the written consent of the owner of the site where the fill is to be placed or dumped, topsoil removed or the grade of land altered; (b) all fill to be used includes only soil, stone, sod or other material acceptable to the Director and that such material is clean and free of any glass, plastics, rubber, metals, termites, liquid, garbage and /or contaminants; (c) the drainage system for the site is provided in accordance with this By -law and any Permit issued pursuant thereto. 23. Every person who places or dumps fill, causes or permits fill to be placed or dumped, removes topsoil or alters the grade of land, shall; (a) ensure that the finished grade surface is protected by sod, turf, seeding of grass, greenery, asphalt, concrete or such other material as the Inspector may approve, either singly or in combination; -10- (b) ensure that fill is not placed around the perimeter of any existing building to an elevation higher than one hundred and fifty (150) millimetres below the top of foundation of such building, unless such building and its foundation walls are raised in a manner satisfactory to the Director; (c) ensure that no piped connection to City culverts, ditches or sewer systems is covered and backfilled until the work has been inspected and approved by the Director or an Inspector; (d) provide and maintain such protection for trees as may be required by the Director; (e) provide and maintain siltation control measures as may be required by the Director; (f) ensure that all fill used is clean and free of rubbish, glass, garbage, tell nites, organic materials, liquid and toxic chemicals and other contaminants; (g) ensure that the work which is the subject of a Permit does not soil or otherwise foul any municipal roads, and in the event that such soiling or fouling should occur, ensure that the road(s) affected are cleaned to the satisfaction of the Director or an Inspector within twelve (12) hours of any request by the Director or an Inspector for such cleaning; (h) ensure that fill is placed or clumped in such a manner and any retaining wall containing such fill is erected in such a manner that no ponding is caused on the site or abutting lands and that adequate provision is made for proper surface stormwater drainage; (i) (1) ensure that the fertility and viability of Agricultural land is maintained; and ensure that all conditions of the Permit issued pursuant to this By -law, and any other requirements of this By -law are fulfilled to the satisfaction of the Director. Exemptions 24. The provisions of this By -law do not apply to: (a) activities or matters undertaken by the City or a local board of the City; (b) the placing or dumping of fill or alteration of the grade of land imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision Exception or a consent under section 41, 51 or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivision agreement entered into under those sections; (c) the placing or dumping of fill or alteration of the grade of land imposed after December 31, 2002 as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under that regulation; (d) the placing or dumping of fill or alteration of the grade of land undertaken by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; (e) (f) the placing or dumping of fill or alteration of the grade of land undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act; the placing or dumping of fill or alteration of the grade of land undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land, (i) that has not been designated under the Aggregate Resources Act or a predecessor of that Act, and (ii) on which a pit or quarry is a permitted land use under a by -law passed under section 34 of the Planning Act; or (g) the placing or dumping of fill or alteration of the grade of land undertaken as an incidental part of drain construction under the Drainage Act or the Tile Drainage Act. 25. The provisions of this By -law respecting the removal of topsoil do not apply to the removal of topsoil as an incidental part of a normal agricultural practice including such removal as an incidental part of sod farming, greenhouse operations and nurseries for horticultural products. 26. The exception in section 25 respecting the removal of topsoil as an incidental part of a normal agricultural practice does not include the removal of topsoil for sale, exchange or other disposition. By -law ceases to have effect -12- 27. If a regulation is made under section 28 of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended, respecting the placing or dumping of fill, removal of topsoil or alteration of the grade of land in any area of the City, this By -law is of no effect in respect of that area. Enforcement of By -law 28. The administration and enforcement of this By -law shall be performed by the Director, his or her designates, and those persons designated from time to time by the Director as Inspectors under this By -law. The Director, his or her designates, and any duly designated Inspector shall have all powers necessary to carry out the administration and enforcement of this By- law, including the power to enter upon and inspect any lands to which this By -law applies. 29. Where a person has placed or dumped fill, or caused or permitted the placing or dumping of fill, the removal of topsoil or the alteration of the grade of land in contravention of any Permit issued pursuant to this By -law, without a Permit where a Permit is required under this By -law, or contrary to any other provision of this By -law, the Director may make an Order directing the person to do any or all of the following: 1. comply with the conditions of the Permit and this By -law; 2. cease the work which is the subject of the contravention; and /or 3. require work to be done to correct the contravention to the satisfaction of the Director, and within the time specified in the Order. 30. Where a person has failed to correct any such contravention to the satisfaction of the Director within the time specified in an Order issued pursuant to this By -law, the City, in addition to all other remedies it may have, may take all necessary steps to bring the lands into compliance with the terms of this By -law, and may enter upon land, at any reasonable time, for this purpose. 31. The City may recover those costs incurred under section 30, plus interest accrued to the date payment is made at the rate of fifteen percent (15 per annum, from the owner of the land by action or in like manner as municipal taxes. Offence and Penalty 32. Every person who contravenes any provision of this By -law is guilty of an offence and is liable for every day or part thereof upon which such offence occurs or continues to a fine of not more than $10,000.00 on a first conviction, and not more than $25,000.00 on any subsequent conviction, as provided in subsection 144(16) of the Municipal Act, 2001, S.O. 2001, c.25, as amended. 33. Every corporation that contravenes any provision of this By -law is guilty of an offence and is liable for every day or part thereof upon which such offence occurs or continues to a fine of not more than $50,000.00 on a first conviction, and not more than $100,000.00 on any subsequent conviction, as provided in subsection 144(17) of the Municipal Act, 2001, S.O. 2001, c.25, as amended. Appeal to Ontario Municipal Board 34. An applicant for a Permit under this By -law may appeal to the Ontario Municipal Board, (a) if the Director refuses to issue a Permit, within 30 days of the refusal; Severability -13- (b) if the Director fails to make a decision on an application for Permit, within 45 days after the application is received by the Clerk; or (c) if the applicant objects to a condition in the Permit, within 30 days after the issuance of the permit. 35. In the event that any provision or part of this By -law is found to be invalid or unenforceable for any reason whatsoever, then the particular provision or part thereof shall be deemed to be severed from the remainder of the By -law and all other provisions or parts thereof shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law. General 36. City of Niagara Falls By -law No. 2004 -57 is hereby repealed. Short Title -14- 37. The short title of this By -law is the City of Niagara Falls Site Alteration By -law. Passed this 10 day of December, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007 December 10, 2007 December 10, 2007 SCHEDULE "A" PERMIT FEES Any applicable supplementary fees where required by written agreement with the Corporation: Application Fee $100.00 Required Security (10% of estimated value of work up to $250.00 maximum) A by -law to authorize the execution of Agreements of Purchase and Sale with Allan Kelly and Heather Kelly respecting the purchase of lands being Parts 15 and 16 on Reference Plan 59R- 13273; 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. Agreements of Purchase and Sale dated November 29, 2007 and made between Allan Kelly and Heather Kelly and The Corporation of the City of Niagara Falls for the property described as Parts 15 and 16 on Reference Plan 59R 13273; in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreements of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreements 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 tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 2007. CITY OF NIAGARA FALLS By -law No. 2007 BETWEEN: AND: AGREEMENT OF PURCHASE AND SALE ALLAN KELLY HEATHER KELLY 4129 Muir Avenue Niagara Falls, Ontario L2E 3L2 (hereinafter referred to as the "Purchaser THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated as Part 16 on Plan 59R -13273 --(hereinafter eal-led -thc "Property- upon- the terms,- conditions- and- pr-ovis -iens set forth in this offer (herein called the "Agreement 2. PRICE 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $360.00 in lawful money of Canada 2.2 $50.00 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or termination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 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. 2.4 If the Purchaser fails to complete this transaction on the Closing date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. 3. GOODS SERVICES TAX 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 shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. 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 Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save hamiless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. 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 such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor, (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 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 (b) be subject to conditions whereby the solicitor(s) receiving the Non Registered (c) 5. TITLE 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 Vendor'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 in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement: has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer /Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.5 The Transfer /Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable form in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the 'Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of the Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and 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 and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day an except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 6. 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 Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor' obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 8. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 9. SURVEY The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF 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 interest or deduction and the Vendor shall not be liable for any costs or damages. 11. COMPLIANCE The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil Conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c) to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and (e) that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non- resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 14.1 This Agreement is conditional in favour of the Vendor upon the fulfilment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal Act, the .Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer /Deed to be given to the Purchaser shall be subject to registered easement(s) in favour of the utilities noted below: Utility Location of Easement Bell Canada To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s) with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility; (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use of the Property unless otherwise det out herein; and (c 15. TAXES AND FEES that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. Land transfer taxes and registration fees payable in connection with registration of the Transfer /Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non- payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. 16. NOTICES Any notices and other communications require or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: If to the Purchaser at: the address shown on page 1 with a copy to: The Corporation of the City of Niagara Falls Legal Services 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 Attention: City Solicitor Fax No.: (905) 371 -2892 Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3r business day following the date of mailing. 17. 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 by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT This Agreement can be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect to the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 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 in which the Property is located. 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 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will become null and void. The parties agree that this Agreement may be accepted by facsimile transmission 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on D-c 2007. Witness: Name: Witness: Gt,dd... i Name: HEATHER KELLY ACCEPTANCE the foregoing Agreement is accepted by Vendor on 200 THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: R.T. (Ted) Salci Title: Mayor Per: Name: Dean Iorfida Title: City Clerk UWe have authority to bind the Corporation BETWEEN: AND: AGREEMENT OF PURCHASE AND SALE ALLAN KELLY HEATHER KELLY 4129 Muir Avenue Niagara Falls, Ontario L2E 3L2 (hereinafter referred to as the "Purchaser THE CORPORATION OF THE CITY OF NIAGARA FALLS, (hereinafter referred to as the "Vendor 1. OFFER TO PURCHASE The Purchaser hereby offers to purchase from the Vendor and, if accepted by the Vendor pursuant to the terms hereof, the Vendor agrees to sell to the Purchaser, all and singular that certain parcel or tract of land and .premises being a portion of a highway, alley, lane or walkway situate in the City of Niagara Falls, in the Regional Municipality of Niagara and being composed of Lane Plan 997, Niagara Falls, lying South of Leader Lane, North of Ferguson Street, East of Dyson Avenue and West of Muir Avenue, City of Niagara Falls, Regional Municipality of Niagara, being designated as Part 15 on Plan 59R -13273 (hereinafter called the "Property upon the terms, conditions and provisions set forth in this offer (herein called "Agreement 2. PRICE 2.1 The purchase price for the Property (herein called the "Purchase Price shall be $360.00 in lawful money of Canada. 2.2 $50.00 shall be paid by certified cheque to the Vendor upon the execution of this Agreement, to be held by it as a deposit pending completion or termination of this Agreement (herein called the "Deposit and shall be credited on account of the Purchase Price on completion. 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 the usual adjustments to the Closing Date. 2.4 If the Purchaser fails to complete this transaction on the Closing Date, the Deposit shall be forfeited to the Vendor as liquidated damages, in addition to any other right or remedy to which the Vendor may be entitled hereunder. h: \wpdocs \ptd \city of niagara falls\laneway dyson muir\agreement of purchase and sale kelly (part 15).doc McLean Ken LLP 2 3. GOODS SERVICES TAX 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 shall provide the Vendor with the Purchaser's GST registration number, and evidence satisfactory to the Vendor that such registration is in good standing and has not been varied or revoked. 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 Canada Revenue Agency and shall obtain and furnish to the Vendor a receipt or other evidence of payment. The Purchaser does hereby indemnify and save harmless the Vendor from and against any liability for payment of any GST in respect of this transaction of purchase and sale. 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 on or before closing to the Purchaser 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 such date selected by the Vendor and not later than 30 days after the date the Conditions set out in Section 14 (the "Conditions hereof have been fulfilled to the satisfaction of the Vendor (the "Closing Date at a time mutually agreed upon by the parties hereto and not later than 3:00 p.m. local time. 4.2 If the said Conditions are not fulfilled on or before one (1) year from the date of acceptance of this Agreement, then this Agreement shall be at an end and the Deposit shall be returned to the Purchaser without interest and the Vendor shall not be liable to reimburse the Purchaser for any expenses. The Purchaser agrees to execute, if requested, a release of this Agreement in a form satisfactory to the Vendor. 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 H: \WPDOCS\ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Kelly (Part 15).doc McLean Kerr LLP 5. TITLE 3 (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 Vendor'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 in the Land Registry Office where the Property is located, or such other location mutually agreeable to each parties' respective legal counsel. 4.4 The parties agree that an effective tender shall be deemed to have been validly made by the Vendor upon the Purchaser when the Vendor's solicitor has: (a) delivered all the Non Registered Deliveries to the Purchaser's solicitor in accordance with the provisions of the document registration agreement; and (b) advised the Purchaser's solicitor, in writing, that the Vendor is ready, willing and able to complete the transaction in accordance with the terms and provisions of this Agreement; (c) has completed all necessary steps under the electronic registration regime to complete this transaction that can be performed or undertaken by the Vendor's solicitor without the cooperation or participation of the Purchaser's solicitor, and specifically when the "completeness signatory" for the Transfer/Deed has been electronically "signed" by the Vendor's solicitor; without the necessity of personally attending upon the Purchaser or the Purchaser's solicitor with the Non Registered Deliveries and without any requirement to have an independent witness evidence the foregoing. 4.5 The Transfer /Deed shall, save for the Land Transfer Tax Affidavits, be prepared in registrable foiiu in accordance with this Agreement, at the expense of Vendor, in accordance with a plan of survey or reference plan of the Vendor. If the Vendor does not have such a plan of survey or reference plan, the Purchaser shall have a plan of survey or reference plan prepared satisfactory to the Vendor at the Purchaser's expense. 5.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and investigations and that the Property is being conveyed to the Purchaser on an "as is, where is" basis, as it exists on the Closing Date, without regard for, without limitation, its state of repair, defects in workmanship and location of structures and subject to, without limitation, all easements, rights -of -way, rights of re- entry, by -laws, agreements, covenants which run with the land and all restrictions or orders affecting or regarding its condition or use. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Kelly (Part 15).doc McLean Kerr LLP 4 5.2 This Agreement is conditional on the title to the Property being good and free from all encumbrances, except as provided in section 5.1. above. The Purchaser shall be allowed 30 days from the date of acceptance of this Agreement "Requisition Date to examine title to the Property at its own expense. If prior to the Requisition Date any valid objection to title is made in writing to Vendor and which Vendor by this Agreement is required and 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 and the Deposit paid shall be returned without interest or deduction and Vendor shall not be liable for any costs or damages. Save as to any valid objection which the Vendor is required by this Agreement to satisfy so made by such day and except for any valid objection going to the root of title to the Property, Purchaser shall be conclusively deemed to have accepted Vendor's title to the Property. 6. 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 Vendor in its capacity as a municipality and any decision of Vendor in its capacity as a municipality shall not be deemed as contrary to the Vendor's obligations to the Purchaser, if any, under this Agreement. 7. VACANT POSSESSION The Vendor shall deliver vacant possession of the Property to the Purchaser on Closing. 8. UFFI The Vendor has no knowledge and makes no representation whatsoever as to the presence of hazardous substances in the Property including, without limitation, urea formaldehyde foam insulation and any "contaminant" within the meaning of the Environmental Protection Act. 9. SURVEY The Vendor shall not be obliged to produce any survey, title deed, abstract or other evidence of title to the Property save that which may actually be in its possession. 10. RISK OF 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 interest or deduction and the Vendor shall not be liable for any costs or damages. H: \WPDOCS\ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIRAGREEMENT OF PURCHASE AND SALE Kelly (Part 15).doc McLean Ken LLP 5 11. COMPLIANCE The Purchaser shall satisfy itself with evidence of compliance with respect to any matter set out in this Agreement. 12. COVENANTS OF PURCHASER The Purchaser hereby covenants and agrees to and with the Vendor: (a) that the Vendor makes no representation, warranty or condition, either express or implied, as to, without limitation, soil conditions, utility services to the Property, fitness for purpose, or zoning and building by -laws. The Property is being sold "as is" with the Purchaser being responsible to prepare the Property for the Purchaser's purposes including, without limiting the generality of the foregoing, the removal of sidewalks, pavement, granular materials and fences, if any. The Purchaser shall inspect the Property and shall satisfy itself in respect of such matters prior to submitting this Agreement to the Vendor; (b) to not object to the closure and sale of the Property and the Purchaser hereby consents to the Closing of the Property, including other portions thereof, if any, being sold to others; (c to accept title to the Property subject to all existing registered easements, all existing works of any utility and the easements required in this Agreement; (d) that it shall after Closing, assume all financial responsibility for the costs of developing the Property and for the costs of obtaining all necessary services and approvals. No representation at all is made by the Vendor on the willingness of any existing or proposed utility to relocate or otherwise accommodate the Purchaser's intended or proposed use. The Purchaser shall be responsible for installing, at its expense, a fence between the Property and any adjacent land; and (e) that it shall assume, without limitation, any and all taxes, local improvements, water and sewer rates and charges applicable to and in respect of the Property from and after the Closing. 13. NON RESIDENT STATUS The Vendor represents and warrants that it is not now nor will be on the Closing Date a non resident of Canada as defined in the Income Tax Act. The Purchaser represents and warrants that it is now and will not be on the Closing Date a non resident as defined in the Land Transfer Tax Act. 14. CONDITIONS 14.1 This Agreement is conditional in favour of the Vendor upon the fulfillment to the satisfaction of the Vendor of compliance with all applicable provisions of the Municipal H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Kelly (Part 15).doc McLean Kerr LLP in favour of the utilities noted below: 6 Act, the Planning Act or any governmental authority or any statute or regulation having jurisdiction or application to any aspect of the closure of public access to the Property or the transactions contemplated in this Agreement. 14.2 This Agreement is conditional in favour of the Vendor upon: (a) the Purchaser entering into and registering easement(s) in favour of the utilities noted below, or (b) the Vendor granting such easement(s), as the case may be. 14.3 The Transfer/Deed to be given to the Purchaser shall be subject to registered easement(s) Utility Location of Easement Bell Canada To be advised 14.4 Regarding such easement(s), the Purchaser acknowledges and agrees: (a) that the Purchaser is required at its expense, to enter any and all easement agreement(s), with and satisfactory to each utility unless the Vendor shall grant such easement prior to the Closing Date. Such easement shall be registered before the completion of the sale of the Property to the Purchaser or shall be registered as otherwise required by the Vendor or the utility; (b) that within the Property are installed or, are intended to be installed, certain property of the utility which neither the Vendor nor the utility shall be obliged to remove from the Property to accommodate the Purchaser's intended development or use of the Property unless otherwise set out herein; and (c) that the easement agreement with a utility may prohibit the Purchaser's construction of buildings or structures on or beneath the Property and will provide access to the utility upon the Property for the purpose of operating, maintaining, replacing, or installing such services or other equipment as the utility may require. 15. TAXES AND FEES Land transfer taxes and registration fees payable in connection with registration of the Transfer/Deed of the Property shall be borne by Purchaser. GST, if applicable, and provincial sales tax will be paid by the Purchaser directly to the responsible authorities. The Purchaser agrees to save the Vendor harmless from any and all actions arising out of non payment of such taxes, including legal costs. Each party shall pay its own legal fees with respect to this transaction. The parties agree that the provisions of this section shall not merge on the Closing Date, but shall continue thereafter in full force and effect. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Kelly (Part 15).doc McLean Kerr LAP 16. NOTICES 7 All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by registered mail or by facsimile transmission or by surface parcel delivery service or by personal delivery addressed (or in the case of personal delivery, delivered) as follows: If to the Vendor at: with a copy to: with a copy to: 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 130 Adelaide Street West Suite 2800 Toronto, Ontario M5H 3P5 Attention: P. Todd Davidson Fax No.: (416) 366 -8571 If to the Purchaser at: the address shown on page 1 Either party may change its address or facsimile number for the receipt of such notices and other communications by giving notice thereof to the other. Any notice or other communication by facsimile transmission shall be deemed to have been given on the date of transmission thereof. Any notice by air or surface parcel delivery shall be deemed to have been given on the next business day following the date of submission to the carrier for delivery, and any notice by registered mail shall be deemed to have been given on the 3 business day following the date of mailing. H: \WPDOCS \ptd \CITY OF NIAGARA FALLS \LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Kelly (Part 15).doc McLean Kerr LLP 17. 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 by bank draft or cheque certified by a chartered bank or trust company, and in the case of payment by the Vendor, if any, by means of the Vendor's uncertified cheque. 18. ASSIGNMENT This Agreement shall not be assigned by Purchaser without the consent of Vendor, which can be unreasonably withheld. 19. BROKERAGE The Purchaser covenants with the Vendor that no brokerage fees or commissions are due or payable in respect of the transactions completed by this Agreement. 20. NON REGISTRATION OF AGREEMENT The parties agree that this Agreement shall not be registered against the title to the Property. 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 in which the Property is located. 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 8 22.1 Purchaser agrees that this offer shall be irrevocable by it for a period of one (1) year from the date of execution by the Purchaser, after which time, if not accepted, this offer will H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Kelly (Part 15).doc McLean Kerr [.LP Witness: become null and void. The parties agree that this Agreement may be accepted by facsimile transmission. 22.2 This offer may be accepted by Vendor by evidence of its signature hereto or by a letter mailed or delivered to the Purchaser at the address provided in Section 16. 22.3 If this offer is not accepted, this offer and everything herein contained shall be null and void and no longer binding upon any of the parties hereto and the Deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any damages or costs. 22.4 If and upon the acceptance of this offer, this offer and any letter of acceptance, if applicable, shall be a binding contract of purchase and sale and shall be completed in accordance with the terms hereof. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser on 'XO c9C144 2007. Witness: Name: 9 ACCEPTANCE The foregoing Agreement is accepted by Vendor on 200 THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: R.T. (Ted) Salci Title: Mayor Per: ALLAN KELLY gag HE ATHER KELLY Name: Dean Iorfida Title: City Clerk I/We have authority to bind the City H: \WPDOCS \ptd \CITY OF NIAGARA FALLS\LANEWAY DYSON MUIR\AGREEMENT OF PURCHASE AND SALE Kelly (Part 15).doc McLean Kerr LLP 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 Meter Zones) 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 repealing Schedule G and replacing it with the following items: PARKING METER ZONES COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN FEES TIMES COLUMN 5 COLUMN 6 MAXIMUM DAYS Armoury St. North Victoria Ave. and Second Ave. $0.50 /1 hour 2 hours 8:00 a.m. to 6:00 p.m. $0.25 /30 min Except Sundays and $0.10 /12 min Holidays $0.05 /6 min Bridge St. South Zimmerman Ave. and Erie Ave. $0.75 /1 hour 2 hours 9:00 a.m. to 5:00 p.m. $0.25 20 min Except Sat, Sundays and Holidays Buchanan Ave. Both Spring Street and Ferry Street $1.00 /1 hour 2 hours 8:00 a.m. to 12:00 a.m. 11/06 $0.25 /15 minutes Daily Bridgewater St. Ellen Ave. Fallsview Blvd Fallsview Blvd. Fallsview Blvd. Ferry St. Ferry St. Feny St. Ferry St. Ferry St. Feny St. Hunter Street 07/07 Huron St. North Laura Secord Pl. and Cummington $0.50 /1 hour Sq. West $0.25 30 min $0.10 /12 min Centre St. North Victoria Ave. and McGrail Ave. $1.00 /1 hour 2 hours 8:00 a.m. to 12:00 a.m $0.25 /15 min Oct 1 Mar 31 inclusive Clark Avenue Both Ferry Street and Robinson St. $1.00/hour 8 hours 6:00 a.m 3:00 a.m. 11/06 $0.25 /15 minutes Daily $5.00/8 hours $1.00 minimum payment Clark Avenue Both Ferry Street and Robinson St. $1.00/hour 8 hours 6:00 a.m. -3:00 a.m $0.25/15 min Daily $1.00 minimum payment Clifton Hill Both Falls Ave. and Victoria Ave. $1.00 /1 hour 2 hours 8:00 a..m to 3:00 am $0.25 /15 min daily $0.05 /6 min Cummington Sq. Both Bridgewater St. and Main St. $0.50 /1 hour 2 hour 8:00 a.m. to 6:00 p.m. West $0.25 30 min Except Sundays and $0.10 /12 min Holidays $0.05 /6 min Cummington Sq. Both Bridgewater St. and Main St. $0.50 /1 hour East $0.25 30 min $0.10 /12 min $0.05 /6 min South Both Both East Both Both South South North Northeast -2- Both Gladstone Ave. and Main St. $0.75 /1 hour $0.25 /20 min $0.10 /8 min $0.05 /4 min South Ontario Ave. and St. Clair Ave. $0.75 /1 hour $0.25 /20min $0.10 /8 min $0.05 /4 min 2 hours 2 hour Walnut St. and Ferry St. $1.00 /1 hour 3 hours 8:00 a.m. to 12:00 a.m. $0.25 /15 min daily Ferry Street and Robinson Street $1.00 /1 hour 8 hours 6:00 a.m. 3:00 a.m. daily $0.25 /15 minutes Daily $5.00/8 hours $1.00 minimum payment Ferry St. Robinson St. $1.00/hour 8 hours 6:00 a.m. 3:00 a.m $0.25/15 min Daily $1.00 minimum payment Robinson Street and Murray Street $1.00/hour 5 hours 6:00 a.m. 3:00 a.m. $0.25 /15 minutes Daily $1.00 minimum payment Victoria Ave. and Ellen Ave $1.00 /1 hour 2 hours 8:00 a.m to 12:00 a.m $0.25 /15 min daily Ellen Ave. and Fallsview Blvd. $1.00 /1 hour 2 hours 8:00 am to 10:00 pm $0.25 /15 min dail Fallsview Blvd. and Stanley Ave. $1.00 /1 hour 2 hours 8:00 a.m to 10:00 p.m. $0.25 /15 min daily 1st spot west of Clark St. $1.00 /1 hour 2 hours 8:00 a.m to 10:00 p.m. $0.25/15 min May 1 Oct 1 Stanley Ave. and Gladstone Ave. $0.75 /1 hour 2 hours 8:00 a.m to 6:00 p.m. $0.25 /20 min Except Sundays and $0.10 /8 min Holidays $0.05 /4 min 2 hours A point 20 metres northwest of Victoria $1.00/hour 8 hours 8:00 a.m to 12:00 a.m. Avenue and a point 125 metres northwest $0.25/15 min Daily of Victoria Avenue 4 hours 8:00 a.m. to 6:00 p.m Except Sat., Sundays and Holidays 8:00 a.m. to 6:00 p.m. Except Sundays and Holiday 8:00 a.m. to 6:00 p.m. Except Sundays and Holidays 9:00 a.m to 5:00 p.m. Except Sat, Sundays and Holidays -3 Huron St. North Crysler Ave. and St. Lawrence Ave. $0.75 /1 hour 2 hours 9:00 a.m. to 5:00 p.m. $0.25 20 min Except Sat, Sundays and $0.10 /8 min Holidays Kitchener St. South Portage Rd. and Stanley Ave. $1.00 /1 hour 2 hours 8:00 a.m. to 10:00 p.m $0.25 /15 min daily Kitchener Street South A point 65 metres west of Victoria $1.00/hour 2 hours 8:00 a.m, to 12:00 a.m. 07/07 Avenue and a point 100 metres west of $0.25/15 min daily Victoria Avenue $0.05 /4 min Laura Secord Pl. West Bridgewater St. and Main St. $0.50 /1 hour 2 hours 8:00 a.m to 6:00 p.m, $0.25 30 min Except Sundays and Livingstone Street Both Stanley Ave and Fallsview Blvd $1.00/hour 8 hours 6:00 a.m 3:00 a.m 11/06 $0.25 /15 minutes Daily $5.00/8 hours $1.00 minimum payment Main St. East Peer St. And Robinson St. $0.75 /1 hour 2 hours 8:00 a.m to 6:00 p.m. 11/04 $0.25 /20 min Except Saturdays, Sundays and $0.10 /8 niin Holidays $0.05 /4 min Main St. East Peer St. And Summer St. $0.75 /I hour 2 hours 8:00 a.m, to 6:00 p.m. 11/04 $0.25 /20 min Except Sundays and $0.10 /8 min Holidays $0.05 /4 min Main St. West Summer St. and Culp St. $0.75 /1 hour 2 hour 8:00 a.m to 6:00 p.m. $0.25/20 min Except Sundays and $0.10 /8 min Holidays $0.05 /4 min Main Street Both Allendale Avenue/Murray Street and $1.00/hour 2 hour 6:00 a.m 3:00 a.m 04/04 Stanley Avenue $0.25/ 15 min Daily $1.00 minimum payment Main St.(Chippawa) South Cummington Sq. East and $0.50 /1 hour 2 hour 8:00 a.m. to 6:00 p.m Willoughby Dr. $0.25 30 min Except Sundays and $0.10 /12 min Holidays $0.05 /6 ruin Main St.(Chippawa) South Cummington Sq. East and $0.50/1 hour 2 hour 8:00 a.m. to 6:00 p.m. Willoughby Dr. $0.25 30 min Except Sundays and $0.10 /12 min Holidays Main St. Both North St. and Summer St. $1.00 /1 hour 2 hours 8:00 a.m to 10:00 p.m. $0.25 /15 min Daily Main Street North A point 75 metres west of Allendale Avenue I.00/hour 8 hours 6:00 a.m. 3:00 a.m. 11/04 and a point 155 metres west of Allendale $0.25/15 min Daily Avenue Token 15 min $1.00 minimum payment $0.05/ 6 min credit card $5.00 for 8 hours Main Street 11/04 South A point 70 metres west of Allendale Avenue $1.00/hour and a point 145 metres west of Allendale $0.25/15 min Avenue Token 15 min $0.05 /6 min credit card $5.00 for 8 hours 8 hours 6:00 a.m. 3:00 a.m. Daily $1.00 minimum payment Magdalen St. East Victoria Ave. and Ellen Ave. $1.00 /1 hour 3 hours 8:00 a.m to 12:00 a.m. $0.25 /15 min daily Magdalen St. East Ellen Ave. And Lewis Ave. $1.00 /I hour 3 hours 8:00 a.m. to 12:00 a.m. $0.25 /15 min daily McGrail Ave. South Walnut St. and Centre St. $1.00 /1 hour 3 hours 8:00 a.m. to 12:00 a.m. $0.25 /15 min daily McGrail Ave. South Magdalen and Centre St. $1.00 /1 hour 3 hours 8:00 a.m. to 12:00 a.m $0.25 /15 min daily Morrison St. South Buckley Ave. and Victoria Ave. $0.75 /1 hour 2 hours 9:00 a.m. to 5:00 p.m $0.25 20 min Except Sat, Sundays and $0.10 /8 min Holidays Ontario Ave. Victoria Ave. -4- $0.05 /4 min East Huron St. and Morrison St. $0.75 /1 hour $0.25 /20 min $0.10 /8 min $0.05 /4 min $0.05 /6 min Ontario Ave. West Huron St. and Morrison St. $0.75 /1 hour $0.25 /20 min $0.10 /8 min $0.05 /4 min Park St. Both Zimmerman Ave. and Erie Ave. $0.75 /1 hour $0.25 /20 min $0.10 /8 min $0.05 /4 min Park St. North Ontario Ave. and Crysler Ave $0.75 /I hour $0.25 /20min $0.10 /8 min $0.05 /4 min Peer St. North Main St. and Sylvia PI. $0.75 /1 hour $0.25 /20 min $0.10 /8 min $0.05 /4 min Portage Rd. Both Kitchener St. and North St. $1.00 /1 hour $0.25 /15 min Queen St. South Zimmerman Ave Victoria Ave $0.75/1 hour $0.25/20 min $0.10 /8 min $0.05 /4 min Queen St. North Zimmerman Ave and 50 m $0.75/1 hour East of St. Clair Ave $0.25/20 min $0.10 /8 min $0.05 /4 min Queen St. North St. Clair Avenue and $0.75/1 hour Victoria Avenue $0.25 /20 min $0.10 /8 min $0.05 /4 min 4 hours 2 hours 2 hours 2 hours 2 hours 2 hours 2 hours 2 hours 2 hours 9:00 a.m. to 5:00 p.m Except Sat., Sundays and Holidays 9:00 a.m to 5:00 p.m. Except Sat, Sundays and Holidays 9:00 a.m to 5:00 p.m. Except Sat., Sundays and Holidays 9:00 a.m. to 5:00 p.m Except Sat., Sundays and Holidays 8:00 a.m. to 6:00 p.m Except Sundays and Holidays 8:00 a.m. to 10:00 p.m. daily 9:00 a.m to 5:00 p.m. Except Sat., Sundays and Holidays 9:00 a.m to 5:00 p.m. Except Sat., Sundays and Holidays 9:00 a.m. to 5:00 p.m. Except Sat., Sundays and Holidays Queen St North 30 m east of St. Clair Ave $0.10 /8 min 15 min. 9:00 a.m. to 5:00 p.m. 50 m east of St. Clair Ave $0.05 /4 min Except Sat., Sundays and (First 2 spots east of St. Clair) Holidays Robinson St Both Fallsview Blvd. and Clark Ave. $1.00/hour 5 hours 6:00 a.m. 3:00 a.m. daily $0.25 /15 minutes Daily $1.00 minimum payment Simcoe St. Both Buckley Ave. and Victoria Ave. $0.50 /1 hour 2 hours 8:00 a.m. to 6:00 p.m. $0.25 30 min Except Sundays and $0.10 /12 min Holidays $0.05 /6 min St. Clair Ave. East Huron St. and Morrison St. $0.75 /I hour 2 hours 9:00 a.m. to 5:00 p.m. $0.25 20 min Except Sat., Sundays and $0.10 /8 min Holidays $0.05 /4 min Valley Way Both Queen St. and Morrison St. $0.75 /1 hour 2 hours 9:00 a.m to 5:00 p.m. $0.25 20 min Except Sat, Sundays and $0.10 /8 min Holidays $0.05 /4 min Victoria Ave. Both Centre St. and Ferry St $1.00 /1 hour 2 hours 8:00 a.m. to 12:00 a.m. $0.25 /15 min daily Victoria Ave. Both Morrison Street and Jepson Street $0.50 /1 hour 2 hours 8:00 a.m to 6:00 p.m 11/06 $0.25 30 minutes Except Sundays and $0.10 /12 minutes Holidays $0.05 /6 minutes West Jepson St. and Stamford St. $0.50 /1 hour 2 hours 8:OOam to 6:OOpm $0.05 /6 min Except Sundays and -5- $0.10 /12 min Holidays $0.25 30 min Victoria Ave. East Jepson St. and Ryerson Cres. $0.50 /1 hour 2 hours 8:00am to 6:OOpm $0.25 30 min Except Sundays and $0.10 /12 min Holidays Victoria Ave. East Valley Way and Morrison St. $0.75 /I hour 2 hours 9:OOam to 5:OOpm $0.25 20 min Except Sat., Sundays and $0.10 /8 min Holidays $0.05 /4 min Victoria Ave. East Kincaid PI. and McDougall Cres. $0.50 /I hour 2 hours 8:OOam to 6:OOpm $0.25 30 min Except Sundays and $0.10 /12 min Holidays $0.05 /6 min Victoria Ave. East Bridge St. and Valley Way $0.75 /1 hour 2 hours 9:OOam to 5:OOpm $0.25 20 min Except Sat., Sundays and $0.10 /8 min Holidays $0.05 /4 min Victoria Ave. West Bridge St. and Maple St. $0.75 /1 hour 2 hours 9:OOam to 5:OOpm $0.25 20 min Except Sat., Sundays and $0.10 /8 min Holidays $0.05 /4 min Victoria Ave. West Kitchener St. and Hwy 420 $1.00 /1 hour 20 mins 8:OOam to 10:OOpm $0.25 /15 min daily $0.10 /6 min $0.05 /3 min Zimmerman Ave. Both Bridge St. and Park St. $0.75 /1 hour 2 hours 9:OOam to 5:OOpm $0.25 20 min Except Sat., Sundays and $0.10 /8 min Holidays $0.05 /4 min This By -law shall come into force immediately. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: Passed this tenth day of December, 2007. December 10, 2007 December 10, 2007 December 10, 2007 CITY OF NIAGARA FALLS By -law No. 2007 A by -law to establish Part of Township Lot 156, Stamford, as a public highway, to be known as and to form part of Kalar Road. 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 of Township Lot 156, Stamford, being Part 1 on Reference Plan 59R- 13548, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That Part of Township Lot 156, Stamford, being Part 2 on Reference Plan 59R- 13548, in the City of Niagara Galls, in the Regional Municipality of Niagara, be established for public highway purposes. 3. That said Part of Township Lot 156, Stamford, being Parts 1 and 2 on Reference Plan 59R- 13548 are hereby established as a public highway, be known as and form part of Kalar Road. Passed this tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 2007. CITY OF NIAGARA FALLS By -law No. 2007 Being a By -law to amend By -law 89 -155 and adopt a Schedule of Meetings. WHEREAS Rule 2 of the Procedural By -law of the City provides for the adoption of a Schedule of Meetings. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Schedule "A" to By -law No. 89 -155, as amended, is repealed, and the attached Schedule "A" is inserted in lieu thereof. 2. By -law No. 2006 -223 is hereby repealed upon completion of the 2007 Council schedule. Passed this tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 2007. January 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ©(7:00PM- 10:00 PM) Council and /or Budget Meeting 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O(7:00PM- 10:00 PM) Council Meeting 29 30 31 Schedule Council 12/4/2007 10:11 AM n February 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 O (7:00 PM 10:00 PM) Council Meeting Chambers) 12 13 14 15 16 17 18 (8:30 AM 4:30 PM) Family Day 19 20 21 22 23 24 (6:00 PM 9:00 PM) Ontario Good Roads Conference Royal York, Toronto) 25 O (7:00 PM 10:00 PM) Council 26 O (8:30 AM 4:30 PM) Ontario Good Roads Conference Royal York, Toronto) 27 (8:30 AM 4:30 PM) Ontario Good Roads Conference Royal York, Toronto) 28 29 Schedule Council 1 12/4/2007 5:49 PM March 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 G (8:30 AM 4:30 PM) March Break 11 G (8:30 AM 4:30 PM) March Break 12 G (8:30 AM 4:30 PM) March Break 13 O (8:30 AM 4:30 PM) March Break 14 G (8:30 AM 4:30 PM) March Break 15 16 17 U (7:00 PM 10:00 PM) Council Meeting 18 19 20 21 G (8:30 AM 4:30 PM) Good Friday 22 23 24 G (8:30 AM 4:30 PM) Easter Monday 25 26 27 28 29 30 31 G (7:00 PM 10:00 PM) Council Meeting Schedule Council 12/4/2007 10:17 AM April 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 O (7:00 PM 10:00 PM) Council Meeting 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ©(7:00PM- 10:00 PM) Council Meeting 29 30 Schedule Council 1 12/4/2007 10:17 AM May 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 (7:00 PM 10:00 PM) Council Meeting 13 14 15 16 17 18 19 (8:30 AM 4:30 PM) Victoria Day Holiday 20 21 22 23 24 25 26 ©(7:00PM- 10:00 PM) Council Meeting 27 28 29 30 31 Schedule Council 1 12/4/2007 10:21 AM June 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 O (7:00 PM 10:00 PM) Council Meeting 10 11 12 13 14 15 16 17 18 19 20 21 22 23 O (7:00 PM 10:00 PM) Council Meeting 24 25 26 27 28 29 30 Schedule Council 1 12/4/2007 10:22 AM July 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 0 (7:00 PM 10:00 PM) Council Meeting 8 9 10 11 12 13 14 15 16 17 18 19 20 21 0 (7:00 PM 10:00 PM) Council Meeting 22 23 24 25 26 27 28 29 30 31 Schedule Council 1 12/4/2007 10:24 AM August 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 0 (8:30 AM 4:30 PM) Civic Holiday 5 6 7 8 9 10 11 12 13 14 15 16 17 18 0 (7:00 PM 10:00 PM) Council Meeting 19 20 21 22 23 24 0 (6:00 PM 9:00 PM) A.M.O. Conference 25 G (8:30 AM 4:30 PM) A.M.O. Conference 26 0 (8:30 AM 4:30 PM) A.M.O, Conference 27 O (8:30 AM 4:30 PM) A.M.O. Conference 28 29 30 31 Schedule Council 1 12/4/2007 10:25 AM September 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 (8:30 AM 4:30 PM) Labour Day 2 3 4 5 6 7 8 ©(7:00PM- 10:00 PM) Council Meeting 9 10 11 12 13 14 15 16 17 18 19 20 21 22 G (7:00 PM 10:00 PM) Council Meeting 23 24 25 26 27 28 29 30 Schedule Council 12/4/2007 10:26 AM October 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 0 (7:00 PM 10:00 PM) Council Meeting 7 8 9 10 11 12 13 (8:30 AM 4:30 PM) Thanksgiving 14 15 16 17 18 19 20 G (7:00 PM 10:00 PM) Council Meeting 21 22 23 24 25 26 27 28 29 30 31 Schedule Council 1 12/4/2007 10:29 AM November 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 9 (7:00 PM 10:00 PM) Council Meeting 4 5 6 7 8 9 10 11 12 13 14 15 16 17 G (7:00 PM 10:00 PM) Council Meeting 18 19 20 21 22 23 24 25 26 27 28 29 30 Schedule Council 1 12/4/2007 10:30 AM December 2008 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 0 (7:00 PM 10:00 PM) Council Meeting 7 8 9 10 11 12 13 14 15 O (7:00 PM 10:00 PM) Council Meeting 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Schedule Council 1 12/4/2007 10:30 AM CITY OF NIAGARA FALLS By -law No. 2007 A by -law to provide procedures for a Closed Meeting Investigation. WHEREAS effective January 1, 2008, Section 239.1 of the Municipal Act, 2001 as amended permits a person to request an investigation of whether a municipality or local board has complied with section 239 of the Municipal Act, 2001 as amended or a procedure by -law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public; and WHEREAS at their November 12, 2007 meeting, Council approved the appointment of Local Authority Services Limited (LAS) as the Investigator to investigate all requests on behalf of the Municipality and its Local Boards for a two year term commencing January 1, 2008; and WHEREAS the municipality can decide upon the form of the request, the fees and the administrative procedures surrounding a closed meeting investigation request; and WHEREAS the procedures and fee set out in this by -law will eventually be incorporated into the Standing Rules of Council and the Schedule of Fees. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. In this By -law: "Investigator" means the investigator appointed by the Council, by by -law, as per section 239.2 of the Municipal Act, 2001, as amended or the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed an investigator. "Standing Committee" is the Corporate Services or Community Services Committee comprised of all members of Council that meets prior to Council meetings in Committee Room 2A/2B at City Hall. 2. That the procedures and fee set out in Schedule "A" shall be approved and adopted. 3. That the by -law shall come into force on January 1, 2008. Passed this tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 2007. Schedule "A" 1. Every request for an investigation by a person shall include all of the following: a) be directed to the Clerk, b) be in writing, c) include reasons for the request, d) be signed, and e) include an address, telephone number and e -mail address (if applicable) of the person making the request. 2. The fee for every request for an investigation shall be $150.00, with 50% of the fee ($75.00) payable at the time of the filing of the initial request. 3. The Clerk will attempt to satisfy the person's inquiry. 4. If the person is dissatisfied with the explanation and information provided by the Clerk and wishes the matter to proceed to a formal investigation, the person will pay the balance of the filing fee ($75.00). 5. Upon receipt of the balance of the fee, the Clerk will send the request and all pertinent background information to the Investigator forthwith. 6. Any report provided by the Investigator as per 239.2 (10) of the Municipal Act may be presented at a Standing Committee of Council meeting. 7. No request shall be brought for an investigation after the expiration of one (1) year from when the closed meeting took place or is alleged to have taken place. CITY OF NIAGARA FALLS By -law No. 2007 Being a by -law to authorize the execution of an agreement with Local Authority Services Ltd., appointing them as the Investigator pursuant to Sections 8, 9, 10 and 239.1 of the Municipal Act, 2001, as amended. WHEREAS effective January 1, 2008, Section 239.1 of the Municipal Act, 2001 as amended permits a person to request an investigation of whether a municipality or local board has complied with section 239 of the Municipal Act, 2001 as amended or a procedure by -law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public; and WHEREAS Council deems it desirable to appoint Local Authority Services Limited (LAS) as the Investigator to investigate all requests on behalf of the Municipality and its Local Boards for a two year term commencing January 1, 2008; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. That pursuant to sections 8, 9, 10 and 239.2 of the Municipal Act, 2001, as amended, (the "Act Council hereby appoints LAS as the independent Investigator to investigate in accordance with the legislation all requests for an investigation of the Council and Committees of the Municipality and the Local Boards and their Committees of the Municipality. For the purposes of this By -Law "committee" and "local board" shall have the meaning as defined in section 238 of the Act. 2. The appointment shall be for an initial term of two years commencing the first day of January, 2008 and ending on December 31, 2009 and may be renewed for subsequent two year terms. 3. LAS and its delegate shall, in carrying out the functions of Investigator, have regard to, among other matters, the importance of the Investigator's credibility, the independence, impartiality and confidentiality with respect to the investigative process. 4. The Investigator or the delegate may hear or obtain information from such persons as the Investigator or the delegate thinks fit, and may make such inquiries as Investigator or the delegate thinks fit and it is not necessary for the Investigator or the delegate to hold any hearing. 5. Subject to section 6, no person is entitled as of right to be heard by the Investigator or the delegate. 6. If at any time during the course of an investigation it appears to the Investigator or the delegate that there may be sufficient grounds for a report or recommendation that may adversely affect the municipality, a local board or any other person, the Investigator or the delegate shall give him, her or it an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel. 7. After conducting an investigation, the Investigator or the delegate shall report to the municipality or in the case of a local board, to the local board and the Municipality. The report shall include an opinion and the reasons for it and may make such recommendations as the Investigator or the delegate thinks fit. The report shall be included on the next agenda of the Council or in the case of a Local Board, the Council and the Local Board agendas, immediately following receipt of the report. 8. Every request for an investigation by a person shall include all of the following: a) be directed to the Clerk, b) be in writing, c) include reasons for the request, d) be signed, and e) include an address and telephone number of the person making the request. 9. Every request for an investigation by a person shall be processed in compliance with procedures set by the Municipality. 10. An Agreement between the municipality and LAS for investigative services as shown on Schedule "A" attached hereto is hereby approved and the Head of Council and Clerk are hereby authorized to execute the Agreement on behalf of the municipality. 11. This By -law shall come into force and take effect immediately upon the final passing thereof. Passed this tenth day of December, 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 2007. RECITALS -and- Local Authority Services Limited "LAS INVESTIGATOR SERVICES AGREEMENT This Agreement made this day of 2007 BETWEEN The Corporation of the City of Niagara Falls (the "Municipality (each a "Party" and together the "Parties SCHEDULE "A" WHEREAS effective January 1, 2008, Section 239.1 of the Municipal Act, 2001, as amended (the "Act will permit a person to request an investigation of whether a municipality or local board has complied with Section 239 of the Act and/or a procedure by -law enacted pursuant to Subsection 238 (2) of the Act in respect of a meeting or part of a meeting that was closed to the public; AND WHEREAS the investigation of the relevant municipality or local board must be undertaken by an Investigator appointed by the municipality pursuant to Sections 9, 10, 11, and 239.2 of the Act or by an Ombudsman appointed pursuant to the Ombudsman Act if the municipality has not appointed an Investigator under the Act; AND WHEREAS the Municipality deems it desirable that all requests for an investigation be undertaken in the public interest by an appointed independent and impartial investigator (the "Investigator AND WHEREAS the Municipality deems it desirable to appoint LAS as the Investigator to investigate all requests received by the Municipality after January 1, 2008 pursuant to the Act respecting any meeting of the Municipality's council, a local board, or a committee of either of them; AND WHEREAS LAS is dedicated to providing services to Ontario municipalities, and is interested in acting as the Investigator for the Municipality on the terms and conditions set out in this Agreement; 2 NOW THEREFORE in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: Appointment 1. Pursuant to the Act, the Municipality hereby appoints LAS to provide the Investigator Services in accordance with the Act, for all requests for an investigation of the Council and Committees of the Municipality and, the Local Boards, and /or their Committees. For the purposes of this Agreement, "committee" and "local board" shall have the meaning as defined in Section 238 of the Act. 2. Within thirty (30) days of the execution of this Agreement, the Municipality hereby agrees to provide to LAS or its delegate a list of all of the Local Boards and Committees to whom this Agreement applies. The Municipality further agrees to give notice in writing of this Agreement and the appointing by -law to each of the Local Boards and /or Committees affected by this Agreement Powers 3. The Municipality hereby grants to LAS those powers and duties outlined in Section 239.2 of the Act, and as set out in Schedule "A" to this Agreement. 4. LAS agrees to undertake timely, impartial, and independent investigations and they shall be confidential as required by Section 239.2(5)(b) of the Act. 5. The Parties agree not to disclose any confidential information related to the Services to any party (other than a Party's legal counsel, accountants or other advisors who have a need to know such information and have agreed to keep such terms confidential) except information as agreed to by the parties or to comply with any applicable law. Either Party shall be entitled to all remedies available at law or in equity to enforce or seek relief in connection with this confidentiality obligation. Delegation 6. The Parties acknowledge and agree that LAS, pursuant to Section 239.2(6) of the Act, may delegate all of its powers and duties as Investigator to a third party (the "Delegate Any and all rights and obligations of LAS under this Agreement shall also be assigned to the Delegate accordingly. LAS agrees to promptly notify the Municipality of the name of the Delegate. 3 7. The Parties agree to indemnify and save harmless each other from and against all liabilities, losses, suits, claims, demands, damages, expenses, costs (including all legal costs), fines and actions of any kind or nature whatsoever arising out of or in connection with any breach of any representation, warranty, covenant or any provision under this Agreement, provided that the Party not at fault gives prompt written notice of any such losses or claims to the other Party. 8 Notwithstanding Section 7, no Party shall be responsible for any liability in respect of a third -party claim arising under this Agreement due to the wilful misconduct, gross negligence, or bad faith of the other Party. 9. LAS shall not be liable under this Agreement for any consequential, special, or indirect damages whatsoever and the maximum aggregate amount of indemnification payable by LAS under this Agreement for any reason whatsoever shall not exceed the Fees. Process 10. Upon receipt of a request for an investigation regarding the Meeting, it is agreed that the Clerk of the Municipality shall forthwith forward the following documents to LAS or the Delegate, as appropriate: Fees 1) The original request for an investigation; 2) A certified copy of the municipal procedure by -law and, if applicable, the procedure by -law for the Local Board; 3) A certified copy of the municipal notice by -law and, if applicable, the notice by -law for the Local Board; 4) A certified copy of the agenda with all relevant attachments relating to the Meeting; 5) A certified copy of the notice given for the Meeting; 6) A certified copy of the minutes of the Meeting; 7) A contact list for all members of the Council, Local Board or Committee for which the request is made and for all persons present at the Meeting; 8) Such other information or documentation that the Clerk of the Municipality deems relevant; and 9) Such other information or documentation that LAS or the Delegate may from time to time deem relevant to the investigation. 11. The Municipality agrees to pay fees and expenses of LAS or the Delegate for the Services (the "Fees 1) A retainer fee of Six Hundred Dollars ($600) per term plus applicable taxes, payable upon execution of this Agreement; 2) A daily investigation fee of One Thousand Two Hundred Fifty Dollars ($1,250.00) plus all applicable taxes; 12. The investigation fee shall be billed by LAS or its Delegate, as appropriate. 13. The retainer fee shall be billed by LAS. 14. Any investigation fee submitted by the Delegate shall be deemed to be a debt owed to both LAS and the Delegate until paid in full. Additional Services Provided by LAS or the Delegate 15. LAS agrees to create and maintain, or cause the Delegate to create and maintain, a password protected website to which the Municipality shall have access during the Term. The website will include the following features: a. Information and updates on closed meeting procedures; b. The panel of personnel hired by LAS or the Delegate to fulfill the Services, including experience; and c. Access to all reports made by LAS or the Delegate. 16. Upon execution of this Agreement by the Parties, LAS agrees to provide the Municipality with an information package including but not limited to: an appointing by -law, educational materials, etc. Term 17. The term of this Agreement shall be two (2) years commencing on the first day of January 2008, or any later day as agreed upon by the Parties, and ending on December 31, 2009 (the "Term Renewal 4 i) A day consists of eight (8) working hours; ii) Daily investigation fees will be billed in hourly increments where appropriate 3) All legal fees incurred by LAS or the Delegate arising out of a claim made by a third-party regarding this Agreement; and 4) All reasonable expenses incurred during the course of providing the Services, including but not limited to any costs associated with transportation expenses, meals, report preparation including translation costs where appropriate, and out -of- pocket administrative costs. 18. Subject to Section 17 herein, this Agreement shall automatically renew from year to year unless and until terminated by either Party upon ninety (90) days prior written notice on the same terms and conditions contained herein except that the retainer fee and investigation fee may be adjusted by LAS, in its sole discretion, acting reasonably. LAS agrees to invoice the Municipality for the retainer fee related to the renewal period at least one hundred and twenty (120) days prior to Termination 19. This Agreement may be teiininated by either Party on ninety (90) days written notice to the other Party provided that any investigations commenced prior to the termination date shall be completed pursuant to this Agreement and the appointing by -law, and all related Fees shall be paid as set out herein. Dispute Resolution 20. Any controversy, dispute, difference, question or claim arising between the Parties in connection with this Agreement that cannot be resolved by a manager from each Party (collectively, the "Dispute shall be settled in accordance with this Article. 21. The aggrieved Party shall send the other Party written notice identifying the Dispute, its position on the Dispute and the remedy sought. Upon receipt of such written notice, a senior officer of the other Party shall enter into good faith negotiations with a senior officer of the aggrieved Party to resolve the Dispute. 22. If the Dispute has not been resolved within thirty (30) days after such written notice has been given, either Party may avail itself of any process or means legally available to resolve the Dispute. Miscellaneous 5 the commencement of the renewal term and the Municipality agrees to pay such invoice at least thirty (30) days prior to the commencement of the renewal term. 23. All provisions herein shall enure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. 24. Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall not invalidate the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In respect of any provision so determined to be unenforceable or invalid, the Parties agree to negotiate in good faith to replace the unenforceable or invalid provision with a new provision that is enforceable and valid in order to give effect to the business intent of the original provision to the extent permitted by law and in accordance with the intent of this Agreement. 25. This Agreement, including any Schedule attached hereto, constitutes the entire Agreement between the Parties with respect to the subject matter hereof and cancels and supersedes any prior agreements, undertakings, declarations, commitments, representations, written or oral, in respect thereof. This Agreement shall be read with all changes of gender or number required by the context. To Municipality: Box 1023, 4310 Queen St. Niagara Falls, ON L2E 6X5 Facsimile Number: (905) 356 -9083 To LAS: 200 University Avenue, Suite 801 Toronto, Ontario M5H 3C6 Facsimile Number: (416) 971 -6191 6 26. No modification of or amendment to this Agreement shall be valid or binding unless set forth in writing and duly executed by each of the Parties and no waiver of any breach of any term or provision of this Agreement shall be effective or binding unless made in writing and signed by the Party purporting to give the same and, unless otherwise provided, shall be limited to the specific breach waived. 27. Each of the Municipality and LAS shall from time to time execute any and all documents and perform such other acts as may be necessary or expedient to further the purposes of this Agreement and the transactions contemplated hereby. 28. Time shall be of the essence of this Agreement. 29. The Municipality and LAS are not and shall not be deemed to be partners or joint venturers with one another and nothing herein shall be construed so as to impose any liability as such on any of them. The Municipality agrees that LAS shall perform its obligations under this Agreement as an independent contractor, and shall not be deemed to be a trustee for any person, whether or not a party to this Agreement, in connection with the discharge by LAS of such obligations. 30. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable herein. 31. All notices which may be necessary or proper for either Party to serve upon the other shall be served by delivery to the Party to whom the notice is to be given or sent postage pre -paid to the following addresses or by facsimile transmission to the facsimile number set out below.: All such notices shall be conclusively deemed to have been given and received upon the day the same is personally delivered or, if mailed or sent by facsimile as aforesaid, three (3) business days after the same is mailed as aforesaid. Either 7 Party may at any time by notice in writing to the other change its address for service of notice. 32. This Agreement may be executed in several counterparts, each of which so executed being deemed to be an original, and such counterparts together shall constitute but one and the same instrument and notwithstanding their date of execution shall be deemed to be made and dated as of the date hereof. [REST OF PAGE INTENTIONALLY LEFT BLANK] The Corporation of the City of Niagara Falls and LAS have respectively executed and delivered this Agreement as of the date first set out above. The Corporation of the City of Niagara Falls Mayor Clerk I have authority to bind the corporation Local Authority Services Limited Nancy Plumridge President Secretary Treasurer I have authority to bind the corporation The following are the relevant statutory authorities enacted at the time of execution of this Agreement: Same SCHEDULE "A" The Municipal Act, 2001, as amended Investigator 239.2 (1) Without limiting sections 9, 10 and 11, those sections authorize the municipality to appoint an investigator who has the function to investigate in an independent manner, on a complaint made to him or her by any person, whether the municipality or a local board has complied with section 239 or a procedure by -law under subsection 238 (2) in respect of a meeting or part of a meeting that was closed to the public, and to report on the investigation. 2006, c. 32, Sched. A, s. 104. Powers and duties (2) Subject to this section, in carrying out his or her functions under subsection (1), the investigator may exercise such powers and shall perform such duties as may be assigned to him or her by the municipality. 2006, c. 32, Sched. A, s. 104. Matters to which municipality is to have regard (3) In appointing an investigator and in assigning powers and duties to him or her, the municipality shall have regard to, among other matters, the importance of the matters listed in subsection (5). 2006, c. 32, Sched. A, s. 104. Same, investigator (4) In carrying out his or her functions under subsection (1), the investigator shall have regard to, among other matters, the importance of the matters listed in subsection (5). 2006, c. 32, Sched. A, s. 104. Same (5) The matters referred to in subsections (3) and (4) are, (a) the investigator's independence and impartiality; (b) confidentiality with respect to the investigator's activities; and (c) the credibility of the investigator's investigative process. 2006, c. 32, Sched. A, s. 104. Delegation (6) An investigator may delegate in writing to any person, other than a member of council, any of the investigator's powers and duties under this Part. 2006, c. 32, Sched. A, s. 104. (7) An investigator may continue to exercise the delegated powers and duties, despite the delegation. 2006, c. 32, Sched. A, s. 104. Status (8) An investigator is not required to be a municipal employee. 2006, c. 32, Sched. A, s. 104. Application (9) Subsection 223.13 (6) and sections 223.14 to 223.18 apply with necessary modifications with respect to the exercise of functions described in this section. 2006, c. 32, Sched. A, s. 104. Report and recommendations (10) If, after making an investigation, the investigator is of the opinion that the meeting or part of the meeting that was the subject matter of the investigation appears to have been closed to the public contrary to section 239 or to a procedure by -law under subsection 238 (2), the investigator shall report his or her opinion and the reasons for it to the municipality or local board, as the case may be, and may make such recommendations as he or she thinks fit. 2006, c. 32, Sched. A, s. 104. Publication of reports (11) The municipality or local board shall ensure that reports received under subsection (10) by the municipality or local board, as the case may be, are made available to the public. 2006, c. 32, Sched. A, s. 104. Ombudsman 223.13 Powers paramount (6) The powers conferred on the Ombudsman under this Part may be exercised despite any provision in any Act to the effect that any such decision, recommendation, act or omission is final, or that no appeal lies in respect of them, or that no proceeding or decision of the person or organization whose decision, recommendation, act or omission it is shall be challenged, reviewed, quashed or called in question. 2006, c. 32, Sched. A, s. 98 Investigation 223.14 (1) Every investigation by the Ombudsman shall be conducted in private. 2006, c. 32, Sched. A, s. 98. Opportunity to make representations (2) The Ombudsman may hear or obtain information from such persons as he or she thinks fit, and may make such inquiries as he or she thinks fit and it is not necessary for the Ombudsman to hold any hearing and no person is entitled as of right to be heard by the Ombudsman, but if at any time during the course of an investigation it appears to the Ombudsman that there may be sufficient grounds for him or her to make any report or recommendation that may adversely affect the municipality, a local board, a municipally controlled corporation or any other person, the Ombudsman shall give him, her or it an opportunity to make representations respecting the adverse report or recommendation, either personally or by counsel. 2006, c. 32, Sched. A, s. 98. Application of Ombudsman Act (3) Section 19 of the Ombudsman Act applies to the exercise of powers and the performance of duties by the Ombudsman under this Part. 2006, c. 32, Sched. A, s. 98. Same (4) For the purposes of subsection (3), references in section 19 of the Ombudsman Act to "any governmental organization "the Freedom of Information and Protection of Privacy Act" and "the Public Service Act" are deemed to be references to "the municipality, a local board or a municipally controlled corporation "the Municipal Freedom of Information and Protection of Privacy Act" and "this Act respectively. 2006, c. 32, Sched. A, s. 98. Note: On the day the Statutes of Ontario, 2006, chapter 35, Schedule C, section 134 comes into force, subsection (4) is amended by the Statutes of Ontario, 2006, chapter 35, Schedule C, subsection 134 (3) by striking out "the Public Service Act" and substituting "the Public Service of Ontario Act, 2006 See: 2006, c. 35, Sched. C, ss. 134 (3), 137 (1). Duty of confidentiality 223.15 (1) Subject to subsection (2), the Ombudsman and every person acting under the instructions of the Ombudsman shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties under this Part. 2006, c. 32, Sched. A, s. 98. Disclosure (2) The Ombudsman may disclose in any report made by him or her under this Part such matters as in the Ombudsman's opinion ought to be disclosed in order to establish grounds for his or her conclusions and recommendations. 2006, c. 32, Sched. A, s. 98. Section prevails (3) This section prevails over the Municipal Freedom of Information and Protection of Privacy Act. 2006, c. 32, Sched. A, s. 98. D No review, etc. 223.16 No proceeding of the Ombudsman under this Part shall be held bad for want of form, and, except on the ground of lack of jurisdiction, no proceeding or decision of the Ombudsman is liable to be challenged, reviewed, quashed or called in question in any court. 2006, c. 32, Sched. A, s. 98. Testimony 223.17 (1) The Ombudsman and any person acting under the instructions of the Ombudsman shall not be called to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to his or her knowledge in the exercise of his or her functions under this Part. 2006, c. 32, Sched. A, s. 98. Same (2) Anything said or any information supplied or any document or thing produced by any person in the course of any investigation by or proceedings before the Ombudsman under this Part is privileged in the same manner as if the inquiry or proceedings were proceedings in a court. 2006, c. 32, Sched. A, s. 98. Effect on other rights, etc. 223.18 The rights, remedies, powers, duties and procedures established under sections 223.13 to 223.17 are in addition to the provisions of any other Act or rule of law under which any remedy or right of appeal or objection is provided for any person, or any procedure is provided for the inquiry into or investigation of any matter, and nothing in this Part limits or affects any such remedy or right of appeal or objection or procedure. 2006, c. 32, Sched. A, s. 98. Ombudsman Act, R.S.O. 1990, CHAPTER 0.6 Evidence 19. (1) The Ombudsman may from time to time require any officer, employee or member of any governmental organization who in his or her opinion is able to give any information relating to any matter that is being investigated by the Ombudsman to furnish to him or her any such information, and to produce any documents or things which in the Ombudsman's opinion relate to any such matter and which may be in the possession or under the control of that person. R.S.O. 1990, c. 0.6, s. 19 (1). Examination under oath (2) The Ombudsman may summon before him or her and examine on oath, (a) any complainant; (b) any person who is an officer or employee or member of any governmental organization and who, in the Ombudsman's opinion, is able to give any information mentioned in subsection (1); or (c) any other person who, in the Ombudsman's opinion, is able to give any information mentioned in subsection (1), and for that purpose may administer an oath. R.S.O. 1990, c. 0.6, s. 19 (2). Secrecy (3) Subject to subsection (4), no person who is bound by the provisions of any Act, other than the Public Service Act, to maintain secrecy in relation to, or not to disclose, any matter shall be required to supply any information to or answer any question put by the Ombudsman in relation to that matter, or to produce to the Ombudsman any document or thing relating to it, if compliance with that requirement would be in breach of the obligation of secrecy or non disclosure. R.S.O. 1990, c. 0.6, s. 19 (3). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 2006, chapter 35, Schedule C, subsection 94 (3) by striking out "the Public Service Act" and substituting "the Public Service of Ontario Act, 2006 See: 2006, c. 35, Sched. C, ss. 94 (3), 137 (1). Providing personal information despite privacy Acts (3.1) A person who is subject to the Freedom of Information and Protection of Privacy Act or the Personal Health Information Protection Act, 2004 is not prevented by any provisions in those Acts from providing personal information to the Ombudsman, when the Ombudsman requires the person to provide the information under subsection (1) or (2). 2004, c. 3, Sched. A, s. 94. Idem (4) With the previous consent in writing of any complainant, any person to whom subsection (3) applies may be required by the Ombudsman to supply information or answer any question or produce any document or thing relating only to the complainant, and it is the duty of the person to comply with that requirement. R.S.O. 1990, c. 0.6, s. 19 (4). Privileges (5) Every person has the same privileges in relation to the giving of information, the answering of questions, and the production of documents and things as witnesses have in any court. R.S.O. 1990, c. 0.6, s. 19 (5). Protection (6) Except on the trial of any person for perjury in respect of the person's sworn testimony, no statement made or answer given by that or any other person in the course of any inquiry by or any proceedings before the Ombudsman is admissible in evidence against any person in any court or at any inquiry or in any other proceedings, and no evidence in respect of proceedings before the Ombudsman shall be given against any person. R.S.O. 1990, c. 0.6, s. 19 (6). Right to object to answer (7) A person giving a statement or answer in the course of any inquiry or proceeding before the Ombudsman shall be informed by the Ombudsman of the right to object to answer any question under section 5 of the Canada Evidence Act. R.S.O. 1990, c. 0.6, s. 19 (7). Prosecution (8) No person is liable to prosecution for an offence against any Act, other than this Act, by reason of his or her compliance with any requirement of the Ombudsman under this section. R.S.O. 1990, c. 0.6, s. 19 (8). Fees (9) Where any person is required by the Ombudsman to attend before him or her for the purposes of this section, the person is entitled to the same fees, allowances, and expenses as if he or she were a witness in the Superior Court of Justice, and the provisions of any Act, regulation or rule in that behalf apply accordingly. R.S.O. 1990, c. 0.6, s. 19 (9); 2006, c. 19, Sched. C, s. 1 (1). CITY OF NIAGARA FALLS By -law No. 2007 A by -law to authorize the payment of $8,300,524.86 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 October 24, 2007 to November 20, 2007. Passed this tenth day of December 2007. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: December 10, 2007 December 10, 2007 December 10, 2007 CITY OF NIAGARA FALLS By -Law No. 2007- A By -law to authorize an application to The Regional Municipality of Niagara for the issuance of debentures for The Corporation of the City of Niagara Falls for the purpose of paying for the construction of the four -pad arena complex. WHEREAS Subsection 401(3) of the Municipal Act, 2001 provides that a lower tier municipality in a regional municipality does not have the power to issue debentures. AND WHEREAS The Corporation of the City of Niagara Falls is a lower tier municipality in the Regional Municipality of Niagara. AND WHEREAS By -law No. 2007 -98 is a by -law to authorize the development of a four -pad arena complex (the "work and that the capital budget for the work includes the borrowing of up to $29,500,000 to partially fund the Work. AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to make application to the Regional Municipality of Niagara for the issuance of debentures for the work. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An application to The Regional Municipality of Niagara for the issuance of debentures to a maximum of $29,500,000.00 for The Corporation of the City of Niagara Falls, is hereby authorized. 2. The Mayor, Clerk, and Treasurer, as the case may be, are hereby authorized to execute all documents necessary to carry out the purpose and intent of section 1. Passed this day of 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: CITY OF NIAGARA FALLS By -Law No. 2007- A By -law to authorize temporary borrowing to meet expenditures made by The Corporation of the City of Niagara Falls for the purpose of paying for the construction of the four -pad arena complex. WHEREAS Subsection 405(3) of the Municipal Act, 2001 provides that a municipality may authorize a temporary borrowing to meet expenditures made in connection with a work to be financed in whole or part by the issue of debentures; AND WHEREAS Subsection 405(1) of the Municipal Act, 2001 note that the issuing of the debentures must be approved before the temporary borrowing can take place. AND WHEREAS By -law No. 2007- is a by -law to authorize an application to the Regional Municipality of Niagara for the issuance of debentures for The Corporation of the City of Niagara Falls for the purpose of paying for the construction of the four -pad arena complex (the "Work AND WHERE UPON The Regional Municipality of Niagara has approved the issue of debentures for the Work; AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient to authorize temporary borrowing to meet expenditures made in connection with the Work. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Temporary borrowing from the financial institution of the Corporation of the City ofNiagara Falls, by way of short term to a maximum of $29,500,000.00, is hereby authorized, and the proceeds therefrom shall be applied for the purpose ofpaying for the construction of the four pad arena complex. 2. The Mayor, Clerk, and Treasurer, as the case may be, are hereby authorized to execute all documents necessary to carry out the purpose and intent of section 1. Passed this day of 2007. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: Passed this tenth day of December, 2007. First Reading: Second Reading: Third Reading: December 10, 2007. December 10, 2007. December 10, 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 10 day of December, 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 10t day of December, 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