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2008/01/28
COUNCIL MEETING Monday, January 28, 2008 Order of Business and Agenda Package N iagar aFalls DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. PRAYER: Councillor Thomson 0 CANADA: Bianca DiBellonia will sing the National Anthem ADOPTION OF MINUTES: Council Minutes of January 14, 2008 Regional Budgets COUNCIL MEETING January 28, 2008 DEPUTATIONS/ PRESENTATIONS Niagara Falls Big Brothers Big Sisters Jon Braithwaite, Executive Director, will address Council regarding programs and the upcoming annual Tim Horton's Bowl For Kids Sake Campaign for 2008. Regional Councillor Norm Puttick will provide Council with a brief update of the Regional Budget and Nedco. PARKS, RECREATION CULTURE MATTERS Niagara Falls Lions Park Don Wallace, Project Chairman, Gabe Marinelli, President and Craig Robinson, Past President will be present to provide Council with an overview of the park redevelopment plans at the Niagara Falls Lions Park. -AND- 2 AN D- -2 1. Chief Administrative Officer R- 2008 -04 Niagara Falls Lions Park Redevelopment- Information Update 2. Chief Administrative Officer R- 2008 -06 Arena Fundraising Task Force Volunteers: Update Background Material: Recommendation Report: PD- 2008 -04 -AND- PLANNING MATTERS Public Meeting AM- 35/2007, Zoning By -law Amendment Application Southwest Corner of McLeod Road and Wilson Crescent Applicant: Donna Brown Proposed 2 %2 Storey, 12 Unit Apartment Dwelling Background Material: Recommendation Report: PD- 2008 -02 -AND Correspondence from Regional Niagara Planning Department Public Meeting AM- 31/2007, Zoning By -law Amendment Application 7901, 7913 7933 Thorold Stone Road Applicant: Reichmann Acquisitions Corporation Proposed Retirement Home Correspondence from Regional Niagara Planning Department Correspondence from Sherry Hank Boone 3 Public Meeting AM- 29/2007, Official Plan and Zoning By -law Amendment Application Applicant: Carmela D'Angelo Agent: Gustino Jim D'Angelo Proposed Office Background Material: PD- 2008 -07 -AND- Correspondence from Judith Chimenti Correspondence from Regional Niagara Planning Department MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 CHD Awareness Week requesting that February 7 14 2008 be proclaimed as Congenital Heart Defect Awareness Week" in the City of Niagara Falls. RECOMMENDATION: For the Consideration of Council 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) -4 CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. F- 2008 -03 Borrowing By -law F- 2008 -04 Property Tax Grant Low Income Seniors F- 2008 -05 2008 Interim Tax Levy F- 2008 -07 Approval of Interim 2008 Spending Limits IS- 2008 -01 School Board Agreements L- 2008 -04 Historic Niagara Development Inc. and the City Lease Agreement Elgin Block, Ontario Avenue, Niagara Falls MW-2008-01 Funding Agreement with Region of Niagara Combined Sewer Overflow Management Action Plan R- 2008 -01 M.F. Ker Park Agreement R- 2008 -02 Don Johnson Park Agreement R- 2008 -03 2008 Proposed Cemetery Fees TS- 2008 -11 Changes to Pay Parking Minimum Fees TS- 2008 -14 Request for Reduced Charter Rate Transit Service International Society of Arboriculture Ontario The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2008 -09 BY -LAWS A by -law to authorize the execution of a Lease Agreement with Historic Niagara Development Inc. respecting the lease of a suite within the premises referred to as the Elgin Block and municipality known as 4673 Ontario Avenue, Niagara Falls. 2008 -10 5 A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for parties for the enforcement of provincial or municipal by -laws. 2008 -11 A by -law to amend By -law No. 79 -200, to permit the development of two apartment dwellings on the land. AM- 35/2005 2008 -12 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. AM- 35/2005 (OPA No. 78) 2008 -13 A by -law to repeal By -law No.2004 -183 and amend By -law No. 79 -200, as amended to permit the existing building to be used for a dwelling unit and a private garage and either a martial art school, a dance or music studio, a calisthenics studio or an art studio. AM- 26/2007 2008 -14 A by -law to authorize temporary borrowing. 2008 -15 A by -law to provide an interim levy of realty taxes. 2008 -16 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Pettit Avenue, Pine Oak Drive) 2008 -17 A by -law to amend BY -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. Metered Areas) 2008 -18 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28 day of January, 2008. NEW BUSINESS (1/21/2008 Teresa Fabbro Bianca doc Page 1 My name is Bianca DiBellonia and I am 11 years old. I attend St. Vincent de Paul Catholic School. I study voice with Sandra Mason. I have had the opportunity to complete in the Kiwanis Festival, participate in school plays and perform in the Festival of Lights choir. I am also studying piano and flute. I am very honoured to sing the national anthem for you this evening. r (1 /1 712008 Teresa Fabbro council appeal From: "Jon Braithwaite" <jon @niagarafallsmentors.org> To: "Dean lorfida" <diorfida @niagarafalls.ca> Date: 1/4/2008 5:49 PM Subject: Council appeal Mr. Iorfida, I would like to book my annual appearance in front of Niagara Falls City Council at an upcoming meeting. It is my intention to share with them at that time an update as to our 1 Year 100 Men campaign, and to invite them to participate in our annual Tim Hortons Bowl For Kids Sake campaign for 2008. Would you be so kind as to fill me in on the process to make such an appearance. Thank you for your guidance. Jon Braithwaite Help us reach our goal of ensuring that every child in Niagara Falls in need of a mentor, has a mentor. Check out our volunteer opportunities at www.niagarafallsmentors.org Jon Braithwaite Executive Director Niagara Falls Big Brothers Big Sisters phone 905 -357 -5454 ext. 222 cell 905 -650 -6769 fax 905 357 -3759 7150 Montrose Road, Unit 7 Niagara Falls, ON, L2H 3N3 0/18 2008) Teresa Fabbro Jan 28' From: "Norm Puttick Cogeco" <nputtick @cogeco.net> To: "Dean Iorfida" <diorfida @niagarafalls.ca> Date: 1/18/2008 6:44 AM Subject: Jan 28 Dean: I would like to be placed on 28th Council meeting {first to speak if possible It will be an update of Regional budget and to ask council continued support withdraw from Nedco. Also work with St.Catharines Thanks and confirm Norm Puttick 3820 St. Peter Ave 905 356 -0102 Page 1 Ms. Pam Gilroy, Regional Clerk The Regional Municipality of Niagara 2201 St. David's Road P.O. Box 1042 Thorold ON L2V 4T7 Dear Ms. Gilroy: Ni a ara. all g CANA DA November 19, 2007 Re: Niagara Economic Development Corporation Tourism Promotion Niagara Falls City Council has begun its annual budget deliberations. One of the agencies that the municipality regularly subsidizes is Niagara Falls Tourism. The organization currently represents more than 400 members of different sectors of the tourism and tourism related sectors throughout the Niagara Region and beyond. Council discussion turned to the perceived duplication of services between local agencies, like Niagara Falls Tourism, the area Economic Development offices and the (Regional) Niagara Economic Development Corporation (Nedco). As a result, Council passed the following motion: That staff initiate action requesting the Region to allow the City of Niagara Falls to redirect its proportional share of funding for the Nedco budget to fund Niagara Falls Tourism. Carried Unanimously As you are probably aware, the City of Niagara Falls' share of the most recent regional levy was $58,713,943 which is approximately 21.7% of the total regional levy. As suggested by one Councillor, by applying this percentage to the Regional funding ofNedco, the City's indirect support ofNedco would be $476,328 (21.7% of $2,195,060); however, since the Region of Niagara can only approve one property tax rate for its general levy, the Region cannot levy a lower tax rate for Niagara Falls that effectively deletes this indirect support for Nedco. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Corporate Services Department Clerks Ext 4271 Fax 905-356-9083 dlorfidacniagarafalls.ca -2- City staff suggests that Regional Council consider one of the following options: A) that Regional Council contract with the City of Niagara Falls for all tourism promotion services related to Niagara Falls; or B) that Regional Council contract with the Niagara Falls Tourism association for all tourism promotion services related to Niagara Falls; or C) that Regional Council request Nedco to contract with the City of Niagara Falls for all tourism promotion services related to Niagara Falls; or D) that Regional Council request Nedco to contract with the Niagara Falls Tourism association for all tourism promotion services related to Niagara Falis; or E) that Regional Council refund the City, its proportionate share of the regional levy that is used to fund Nedco. With Niagara Falls Tourism already providing exceptional marketing, management leadership and coordination for tourism partners, primarily in the City of Niagara Falls, it makes no sense for Nedco to be providing similar services; therefore, Niagara Falis City Council respectfully requests that the Regional Council consider one of the arrangements outlined above. Please forward this correspondence to the appropriate parties for due consideration. Sincerely, Dean I• ida City Clerk c. Ken Burden, Acting Director of Corporate Services, City of Niagara Falls Serge Felicetti, Director of Business Development, City of Niagara Falls Anna Pierce, Executive Director, Niagara Falls Tourism Working Together to Serve Our Community 1/18/2008 Teresa Fabbro NF Lions representatives Jan 28 council From: Denyse Morrissey To: Dean Iorfida CC: Cynthia Roberts; Jeff Claydon Date: 1/18/2008 9 :08 AM Subject: NF Lions representatives Jan 28 council Hi Dean, The Niagara Falls Lions Club have requested a deputation to provide an overview of the park redevelopment plans at the Niagara Falls Lions Park on January 28, 2008. This will include showing the project promotional DVD. The representatives will be: Mr. Don Wallace, Project Chairman; and Mr. Gabe Marinelli, President. Thanks, Denyse Page 1 January 28, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag ara alts CANADA Re: R- 2008 -04 Niagara Falls Lions Park Redevelopment Information Update RECOMMENDATION: That the information update be received. BACKGROUND: Working Together to Serve Our Community R- 2008 -04 The re- development of the Niagara Falls Lions Park was included in the list of 2007 capital projects as approved by Council, and the 2007 capital budget project sheet is attached. It is a partnership with the Niagara Falls Lions and the City of Niagara Falls. The Lions have committed to providing a minimum of $15,000 peryearfor 10 years in support for the project. The key goals of the park re- development park are to provide a much enhanced greenspace and park in this area of our community. The general park plans which are attached, include the following: more open park with higher visibility new children's playspace area (accessible) new splash pad area to replace the aging wading pool picnic tables, benches, and shade trees a natural stone outdoor amphitheater area improvements to the parking areas a memorial walkway and more landscape areas landscaping improvements around the existing swimming pool The current location of former daycare building and outdoor ice rink area will be replaced with new park amenities such as the fully accessible playground and splash pad. The removal of the building and hard surface area formerly used as a rink is integral to achieving a community park that is more of a gathering place for the community that can be better used all year round, similar to the winter use of The Park at the MacBain Community Centre. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada 1..2E 6X5 905 -356 -7521 www.niagarafalls.ca Community Services Department Parks, Recreation Culture January 28, 2008 2 R- 2008 -04 An Information Open House was held on January 9, 2008, at the Lions Club Hall. This provided residents and the community with an opportunity to view the plans for the park, ask questions, and provide comments. Approximately 130 residents in the neighbhourhood of the park were mailed information on the open house the week of December 18, 2007. The information was also posted on the City web site and advertisements appeared in the Niagara Falls Review on January 5, 2008, and the Niagara Shoppers News on January 8, 2008. Representatives of the Niagara Falls Lions Club and staff with Parks, Recreation Culture were in attendance at the Open House. The new promotional video which is being used for the fundraising campaign to support the project was also shown. The one page overview of the project that was placed by the Lions in the Niagara Falls Review on November 15, 2007, is attached. Based on the general comments from approximately 30 people who attended the open house, the plans for park redevelopment were very well received and the changes to the park are a welcomed addition in this part of the community. Recommended by: Approved by: Respectfully submitted: Attachments t l�,( y Denys Morrisse Direc or of Parks, Recreation Culture Ed Dujlovic, Executive Director of Community Services acDonald, Chief Administrative Officer EXPENDITURES Engineering Fees 1 Design 1 Studies Land/ Building Furniture Equipment Construction FUNDING SOURCES Debt Other Department Parks, Recreation Culture Protect Name Niagara Falls Lions Park Development Project I.D. New Project Description Partnership with NF Lions Club to redevelop park with new accessible playspace area, Opening Balance Jan 01 (surplus) deficit Roads Storm Sewers Water Sanitary Sewers Sitework Landscaping Contingency Other TOTAL EXPENDITURES Reserves/Reserve Funds Stabilization Program Specific Vehicle/Equipment Building/Facility Capital Corporate Development Charge Debentures External Contributions Provincial /Federal Grants TOTAL FUNDING SOURCES Closing Balance Dec 31 (surplus) deficit CURRENT BUDGET 0 igetlCapital BudgettPRClNiagara Falls Lions Park Developmenigpw Capital Budget Financial Form picnic areas, splash pad, and remove ex daycare building (Lions Club committed to fund $150,000 in total) Growth Lifecycle/On going Project New Initiatives 0 YEAR 2006 YEAR 2007 YEAR 2008 YEAR 2009 YEAR 2010 YEAR 2011 0 45,000 125,000 50,000 15,000 0 20,000 225,000 55,000. 300,000 15,000 85,000 50,000 150,000 0 0 240,000 15,000 255 000 55,000 15,000 60,000 15,000 75 000 20,000 15,000 35 000 15,000 70 000 15000 45,000 125,000 50,000 15,000 0 128 12- Jun -07, 11 :49:06 AM CD w 1 C.) Z U1 -I N 111 al -i 0 u3 .E$ M U.. UT CA m cr U1 Z W 0 O tn CC C3 I- V) <LLI 0 z o CZ ili Z ILI co 0 03 0 0 CD I- z n CZ 0 -it u) 27 ,6 1 co EL O rt Z et ZI u) 2 z iii 2 LIJ: A C2 W LW Ph a r f ee e t o e we t tk Witiew Oat" a a 4�oilrat'o fleas vkio (at memeon) aaaartmais 909 -311-040 Fails Manor.Motsl Retstatmalir 7104 hindys Lone Nlagam Falb, L2G 1W2 Phone 905. 3583211 Fax 905358.3200 Email: reservationiefallsreanoccom www.fallareamineom �rarou ()AVID FAST CHAR 00RED ACCOijNTAPIT 4162 Portage' Road. Niagara Falls,' Ontario L2EBA4 Telephone: 905 357 -5031 BARRY ALLEN Freachhsa 15975 ThoroldrSto. ne•Road Niagara F,alis, Onterio 1A4: 805- 357 5823:'. bafry.a®sympattao.ca 41'lf3 'Bridg 1 St Niagara AAJI3 9O 3 58 -5310 Mayor T e d SaIci and Members'oi Council' congtatljl1ate think the Niagargl: halls lions Club. i'or their:comniinsent "to Our Cotnmunity eaTS,ai Niagara Fans Lions Park Re Development Project BUILDING A',NEW VISION" twould like to ittriaLe the. followtnggitein(s)'to tills park TREES., Q.UANTITY. UNIT COST 1ullp Tree. (45 mm Capra) Suga MapleTree,(45 mm cahpre) $300.00 Red Mspfe Tree (45 m4,6.41100.0.. 300.00 .1Nhite Spruce $300:00 Bfu Colorado Spruce 6 High) 300:00' First Name: Address Postal Code: :E- malt:, I200.00 50.00 perm For donations or questions, al:ab,lrar 11 Ll nsC +uh r i.y�f ptA RTiVER1p 9U 3r4 ZE sits. Rcreafio� &Cm91 fU5 350 -1521 .333 0:'d� L fo R: Aiayer 1`ed Salt Presidept Gabe Marirtelh Joe Thompson Don Wallace ,Project Chairman Zattan Nemeth. DROMMONDROAD, NIAGARA FALLS ONTARIO i LDING A NEW V IO Wonting iii partnership with the City of Niagara Falls Parks, Recreation Culture; the Niagara Falls Lions Club has developed a New Vision' for a family and community style park which will include a number of exciti. ing new'park features. One of the' main features wit(.be'a new accessible playground:area. ere will t3e.:p'Iay features for children of varying abilities such as a bran play panel a sign language pla9 panel sound and mobility'stations. The Vali area Will have a' rubberized protective Surface which ls•wheetchair accessible.. new splash playarea added to the park to replace the aging, wading pool area: Be wheefchefr accessible and have a variety of fun spray elements for the kids to enjoy.. Other features the park will have asff:develops Is a park picnic shelter and more. picnic table areas'through- :aut.the..parg,. Wti the'potentlal of having outdoor school classes visit the parkas well as• introducing music in the park, there is plans to coha an outdoor amphitheatre with natural, stone seating. The amphitheatre will have a small :Stagearea: for inilsi9 yehues and school 'Classes:: An frhportant aspect•of the new park vision will be the memorial and recognition programs which will include Various;park features: such a`t benches;. trees and amenities thatcan be sponsored. or commemorated. A paved walkway will gentry meander through the park as' a %%Modal' Pathway' and will have trees, benches, `and stamps: Iodated along th0 recognizing thevarious- donors. C key raitory MPP NIAGARA FALLS IONS CLUB we SERVE Palk Bench on Concrete'.P d PIO& Table on Concrete Pad; hfemrri1a11Nalkuvay ..GeneraE.tDonation Tax t eceipt fif Q 4ont8 Pleas make cheques Payable to: The City ofNiagarofalls" frax reca J}ts twee f op or soars) (SeleciOae optlois) Ye s, hi ease add n sts f C -t Ihx' n W uture.park. donor r.'ecogn sign* 0, in Memory of Q In Hehour of DONATION RECOGNITION CONTACT INFORMATION Total Donation: SUB: TOTAL COST DONATION INFORMATION Last Nerve:. Telephone ormore information on tftks park protect or to drop off donations please contact Nbgsra.Falls Lions C lub i of Niagara fiecreation r..s 4681 Orurs�niond.Road Ooo261 Nia g a ra Faits Ontei L2E.673 Tel U9496,9461 u Montrose Road, Ual I (8 :30 se 4:30 pm NGagera FeI1srON i,2H 3N3 Tel. 905'- 356752 1 ext. 3330 Weti:wwv nhgarafalis ca THURSDAY NOVEMBER 15, 2005 Ark my I nsuran e Stokers Inc. Philip J. Sothic; President 4387 Queen Street Ontat1 292 Ontarla. L2E 2x9 Enroll: phiLsyttfle@osten.sottile.ceot a. Bus: 905- 357 -2140 Fax: 905- 3574998 Res: 905- 354.7551 0011 Free: 1400445.24 BMO Bank of Montrei j. Wade Theobald Area Manager Commercial Banking Hamilton District BMO Bank of Montreal 4365 Queen Street, Niagara Falls, ON L2E 2K9 Tel: 905 -358 -0412 Fax: 905 356 -5645 wade.theobald@bmo.com COLE'SJEWELLERS Sue Cole G.J. Katherine Cole Ruth 'Cole TOWN COUNTRY PLAZA 3643 Portage Rd: Niagara Falls, ONT 1222K8 Roman Cheese Products Limited Montrose Rand, Niagara Fails, Ont. and your favorite Supermarket Pinewood Homes (Niagara) Ltd. 2125 Fruithelt Parkway Niagara Falls Michael.. Colanerii Jr. 905- 262 -2222 t .i�sW FIRST NIAGARA 1NSURANCE4 INSURING HOME, AUTOMOBILE. LIFE 0 BUSINESS SINCE 1880 .4 -FERE OUAL%n; SERVICE &:STABILITY TAKE PRECEDENCE OVER PRICE 3643 Portage Road Town Country .Plaza 905- 356 -7033 Help support the Niagara ;Falls Lions Club to develop a new park for all to enjoy Please contact for information: Niagara Fills Lions Club' at 905=374 -2653 January 28, 2008 R- 2008 -06 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: BACKGROUND: Niag ara alts CANADA Re: R- 2008 -06 Arena Fundraising Task Force Volunteers: Update RECOMMENDATION: 1. That the list of Arena Task Force Fundraising Volunteers be approved. 2. That a member of the Hospitality /Tourism Sectors be sought and confirmed. 3. That a member of Council be appointed to the Task Force. At the November 26, 2007, Council meeting the schedule of naming opportunities for the new arena was approved. A tremendous financial contribution to the campaign was made by Mr. Bob Gale whose contribution was in the amount of $1.25 Million ($1 Million to the capital costs, and $250,000 for a legacy fund). The naming of the new arena as the "Bob Gale Complex" was approved by Council on January 14, 2008. The balance of the total financial target set for fundraising or $1.25 $1.5 million is considered significant. The confirmation of the membership of the volunteers, (expected to be a 16 to 24 month commitment) serving on the Arena Capital Campaign Fundraising Task Force, a special working group of the Recreation Committee was recommended in the November 26, 2007 Council report. ox 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture January 28, 2008 2 R- 2008 -06 The recommended list of volunteers, as identified by their general industry or field, who have offered to serve on the task force for the duration of the fundraising campaign are: Mick Wolfe Don Jackson Domenic DiLalla Dr. George Zimakas Paul Morocco Don Cruikshank Jim Hreljac Rich Merlino Paisley Janvary -Pool Laurie Primeau Patricia Mascarin Mike Somerville T.B.A. T.B.A. All task force meetings will be attended by a staff representative(s) of Parks, Recreation Culture and other applicable City divisions as needed. The appointment of a member of Council to the task force was also recommended. Recommended by: Approved by: Respectfully submitted: Chairperson Recreation Committee Chairperson Construction /Development Health Professionals Financial /Insurance Services Industrial/ Professional Services Retail Sectors Service Sectors Government Sectors Youth Community Groups Events Liaison Marketing GNGH Advisory Hospitality/Tourism Sectors Council representative Deny Morrissey Dire or of Parks, Recreation Culture Ed Dujlovic, Executive Director of Community Services "my MacDonald, Chief Administr( five Officer S:1Council\Council 20081R- 2008 -06 -Arena Fundraising Representatives Update.wpd January 28, 2008 PD- 2008 -02 Niag araF alts a. CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: PD- 2008 -02 AM-35/2007, Zoning By -law Amendment Application Southwest Corner of McLeod Road and Wilson Crescent Applicant: Donna Brown Proposed 2 1 /2 Storey, 12 Unit Apartment Building RECOMMENDATION: That Council approve the Zoning By -law amendment application to permit a 2 storey, 12 unit apartment building on the land, subj ct to the development standards recommended in this report. um% -Me, coMet1drne. a+ I drre co WI bon Creste afkck a 4 r \aer .4 s G e e L e e Inc 1 ua ect 6 k Ine ,sl te plan p+rc s..5 BACKGROUND: Donna Brown has requested an amendment to Zoning By -law No. 79 -200 for 0.18 hectares (0.48 acres) of land, located on the southwest corner of McLeod Road and Wilson Crescent, as shown on Schedule 1. The applicant proposes to develop a 2' storey, 12 unit apartment building on the property, as shown on Schedule 2. The land is zoned Transition Residential Multiple (TRM). The applicant is requesting the land be rezoned to Residential Apartment 5A Density (R5A) with site specific reductions to the required lot area per dwelling unit, the required front yard depth and the required exterior side yard width, to permit the proposed apartment building. Site Conditions and Surrounding Land Uses The subject lands consist of two lots which are vacant. Surrounding land uses are single detached dwellings with the exception of a 4 storey apartment building which is under construction on the north side of McLeod Road. Circulation Comments Regional Municipality of Niagara No objections. The proposed apartment development conforms to the Provincial Police Cement, Provincial Growth Plan and Regional Policy Plan. 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 356 -7521 vvww.niagarafails,ca Working Together to Serve Our Community Community Services Department Planning Development January 28, 2008 2 PD- 2008 -02 Transportation Services Parks, Recreation and Culture Building Services McLeod Road has a designated road allowance width of 30.5 metres (100 feet) in the Regional Policy Plan. Regional Public Works will provide comments on road widenings for the property prior to passage of the zoning by -law. No objections to the proposed rezoning. The proposed apartment building will not generate any more than 10 new vehicle trips during the peak hour. At the site plan stage, the applicant will be required to develop a parking lot design which allows waste disposal vehicles to access the disposal bins and turn around to exit the site in a forward direction. A landscape plan, prepared by a Landscape Architect, is required at the site plan stage and should consider the buffering of adjacent streets and properties as well as outdoor amenity areas. All required Building Permits to be obtained prior to the commencement of construction. Legal Services and Municipal Works No objections. Planning Analysis 1. The proposed development is supported by 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 existing built boundaries. Intensification of a type and scale appropriate for the neighbourhood is encouraged within the urban area. This proposal is in keeping with the above noted intensification goals. 2. The requested amendment conforms with the Official Plan. The land is designated Residential by the Official Plan. The land's location, at the periphery of a residential neighbourhood with convenient access to an arterial road and public transit and proximity to a minor commercial district, make it ideally suited for apartment development. The requested amendment is acceptable for the following reasons: The density of the project, at 70 units per hectare (28 units per acre), is in the range contemplated by the Official Plan for properties along McLeod Road. January 28, 2008 3 PD- 2008 -02 The site has convenient access to an arterial road (McLeod Road) with minimal impact on surrounding low density residential properties. The site is close to a wide range of services and amenities. 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 is located on a transit route. The proposed apartment building has been designed, in terms of massing, height and setbacks, to be compatible with and complementary to surrounding single detached dwellings. Adequate setbacks have been provided from streets and from other dwellings to ensure a compatible arrangement of uses. As long as adequate landscaping is provided along the south property line to buffer the adjacent dwelling from the parking lot, the proposed development is appropriate for the site. 3. The requested zoning is appropriate. The current TRM zone was applied to the land to encourage land assembly and redevelopment for apartments. The applicant has requested a new site specific R5B zone be applied to the land. The requested site specific standards are appropriate as follows: The reduction in lot area per dwelling unit, from 200 square metres (2,153 square feet) to 140 square metres (1 ,507 square feet) is acceptable as it results in a density of 70 units per hectare, within the density contemplated by the Official Plan for this site. The Zoning By -law currently protects for a future widening on McLeod Road which is greater than that identified in the Official Plan and Regional Policy Plan. It is recommended the amending by -law require a standard front yard setback of 7.5 metres (24.6 feet) after any required road widenings are taken. Permitting a covered porch to project 2.5 metres (8.2 feet) into the exterior side yard (Wilson Crescent) is similar to porch projections already permitted in the front yard. Covered porch projections are already permitted for dwellings fronting onto Wilson Crescent and the proposed porches will allow access into the dwelling units. The applicant did not provide landscaping between the proposed parking area and the single detached dwelling to the south. Staff recommend a landscape strip with a width of 3 metres (9.7 feet) along the rear property line to help buffer the adjacent dwelling. There is adequate room on the site to shift both the building closer to McLeod Road and the parking closer to the apartment building to accommodate this landscaping. A 1.8 metre (5.9 foot) high closed board wood fence should be required along this lot line to further screen the adjacent residence. In addition, it is recommended a 3 metre landscape strip be required between the parking area and Wilson Crescent to reflect the front yard landscaping on adjacent residences. This can be accomplished by eliminating an extra parking space at the northwest corner of the parking area. January 28, 2008 4 PD- 2008 -02 4. Site Plan Control is applicable. A.Bryce:yb Attach. At the site plan stage details of the parking area, garbage enclosure, landscaping and buffer plantings along adjacent properties will be determined. CONCLUSION: The requested Zoning By -law amendment to develop a 12 unit apartment dwelling on the property can be supported for the following reasons: It conforms to the Provincial policies and with the Official Plan policies that apply to the area. The property is zoned TRM in anticipation of land assembly and development with multiple unit dwellings. Zoning regulations will ensure the proposed building will fit in with adjacent dwellings in terms of scale and massing. The proposed development will not adversely impact on surrounding dwellings provided additional landscaping is provided between the parking area and the property to the south and Wilson Crescent, as recommended. Recommended by: Approved by: Respectfully submitted; k ti5,1 1 -(444 12_ S:1PDR120081PD- 2008 -02, AM- 35 -07, SW Corner McLeod Wilson, Brown.wpd Alex Herlovitch, Director of Planning Development Ed Dujlovic, La(ecutive Director of Community Services John MacDon Chief Administrative Officer Subject Land SCHEDULE 1 LOCATION MAP Location: McLeod Road Applicant: Donna Brown K :1GIS_Requests120071 Schedules \ZoningAMWM- 351mapping.map Amending Zoning By -law No. 79 -200 N 1:NTS AM-35/2007 January 2008 vc.cwnr ru.sw waeyww L M MEMO Schedule 2 uNGSCAMI OV.ANCE LEGAL CENTRE LINE OF ROAD ALLOWANCE E w a 3 3 w c r zA 00 0 �j A A T O D O p A D A ur z i O m D m m m m m z o O IV O A R 3� 3 ch D 3 I3 3 3 3 P a m N o 1 a o t N 3 3 3 3 O i m 0 1/17/2008) Andrew Bryce Zoning Application Andrew: From: "Colosimo, Peter" peter. Colosimo @regional.niagara.on.ca> To: "Andrew Bryce" <abryce ©niagarafalls.ca> Date: 1/10/2008 10:31 AM Subject: Zoning Application Re: Zoning By -law Amendment Application Southwest Corner of McLeod Road (Regional Road 49) and Wilson Crescent Donna Brown City File: AM- 35/2007 City of Niagara Falls The subject lands are situated within the Urban Area for Niagara Falls according to the Regional Plan. The proposed apartment development conforms to the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan from a general land use perspective. There may, however, be local issues to be addressed to the satisfaction of the City. The property fronts on Regional Road 49 (McLeod Road) which is an arterial road that has a designated road allowance width of 30.5 metres in the Regional Policy Plan. Regional Public Works staff is finalizing comments on this application which will be forwarded separately. This will include confirmation on the necessary width of the road widening and daylight triangle to be dedicated to the Region. The Regional Planning and Development Department is not opposed to this application from a Provincial or Regional planning perspective provided that requirements of the Regional Public Works Department are addressed. Peter Colosimo, MCIP, RPP Senior Planner Regional Niagara Planning Development Department (1/17/2008) Andrew Bryce Zoning Application 2201 St David's Road, P.O. Box 1042 Thorold, ON L2V 4T7 Phone: 905 984 3630, ext. 3382 Fax: 905 641 5208 E -Mail: peter. colosimo @regional.niagara.on.ca <mailto: peter. colosimo @regional.niagara.on.ca> The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. Page 2 January 28, 2008 PD- 2008 -04 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Nice ara cells CANADA Re: PD- 2008 -04 AM- 31/2007, Zoning By -law Amendment Application 7901, 7913 7933 Thorold Stone Road Applicant: Reichmann Acquisitions Corporation Proposed Retirement Home That Council approve the Zoning By -law amendment application to permit the proposed retirement home, subject to the provision of a 6 metre (19.7 foot) building setback along Cardinal Drive. Reichmann Acquisitions Corporation has requested an amendment to Zoning By -law No. 79 -200, as amended by By -law No. 2000 -197, for land holdings totaling 0.77 hectares (1.9 acres) known as 7901, 7913 and 7933 Thorold Stone Road, as shown on Schedule 1. The applicant proposes to develop a 3 to 4- storey retirement home with 83 suites on the land, as shown on Schedule 2. The land is zoned site specific Residential Low Density, Group Multiple (R4 -517), in part, and site specific Residential Single Family 1A Density (R1A -518), in part. The current zoning of the land permits the development of 25 townhouse dwelling units and one single detached dwelling. The applicant requests that all of the subject land be placed under a new site specific R4 zone to permit the development of the retirement home. The proposed site specific zoning seeks a reduction to the required front yard depth, an increase in permitted building height and the establishment of a site specific parking requirement. The applicant initially considered a retirement home with approximately 100 units, which had a height of 3 to 4 storeys throughout the development. After discussions with staff, the applicant reduced the number of suites to 83, developed a stepped down building design by eliminating part of the third floor and moved the building closer to Thorold Stone Road, away from adjacent single detached dwellings. 431.0 Queen 5 reef, P.Q. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Community Services Department Working Together to Serve Our Community Planning Development January 28, 2008 2 PD- 2008 -04 Site Conditions and Surrounding Land Uses The subject land consists of three Tots; a single detached dwelling exists on each lot. There are also a number of mature trees on the properties. To the east is an apartment complex with two, 3- storey apartment buildings. Single detached dwellings exist to the north, west and south. Circulation Comments Regional Municipality of Niagara Municipal Works The proposed development conforms to the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan from a general land use perspective. Building Services A road widening approximately 3 metres (10 feet) in width is required along the frontage of Thorold Stone Road. No objections to the application. A 1.94 metre (6.4 foot) wide road widening is required to be dedicated along the Cardinal Avenue frontage of the land, north of the widening shown on Schedule 2. The 0.30 metre (1.0 foot) reserve along Cardinal Drive will need to be adjusted to accommodate the proposed driveway. Transportation Services No objections. As the facility is expected to generate Tess than 20 new trips in the morning and afternoon peak hours, a traffic study is not required. All required Building Permits to be obtained prior to construction. Legal Services No objections. Planning Analysis 1. The requested amendment conforms to the Official Plan and the Northwest Community Secondary Plan. The land is designated Residential under the Official Plan and is identified as a residential infill area under the Northwest Community Secondary Plan. A number of ancillary uses, including retirement homes, are permitted on lands designated Residential. Ancillary uses are to be designed to be compatible and sensitive to surrounding development in terms of density, height gradation, massing and January 28, 2008 3 PD- 2008 -04 arrangement, and setbacks and appearance. Appropriate buffering and landscaping is to be employed. The proposal meets the above noted policies and guidelines as follows: The site is located at the intersection of an arterial road and a collector road, in close proximity to a major commercial area, parks, recreational trails and schools, which is desirable for multiple unit developments. The proposal is not expected to generate a significant amount of traffic, nor impact surrounding dwellings, as the site has ready access to Thorold Stone Road. The building is stepped in height with the highest part of the building (3 -4 storeys) adjacent to the apartment building to the west. The building steps down to a 2 -3 storey structure along Cardinal Drive to fit in with the single detached character of Cardinal Drive. This gradation in height assists in reducing the building mass. Setbacks in the range of 20 to 40 metres (65 to 130 feet), well in excess of the minimum setbacks required for similar sized apartment buildings, are provided from the single detached dwellings to the north and west, to mitigate potential impacts on these dwellings and to avoid any overshadowing of these dwellings. A building setback of 6 metres (19.7 feet) should be maintained along the Cardinal Drive frontage of the property, in order to be consistent with the minimum setback requirements of adjacent dwellings. The proposal has been designed with extensive landscaping and buffering, similar to what would be expected for a comparable apartment building. Single detached dwellings to the north and west are buffered by a landscape strip between 3 metres (10 feet) and 7 metres (23 feet) in width. These strips will be sufficient to contain the necessary fencing and landscaping to screen adjacent residences. The proposal will assist in meeting the housing mix targets for this area as stipulated by the Northwest Community Secondary Plan. A number of blocks of land intended by the Plan for townhousing and apartments (including Fatima Court and the southwest corner of Mount Carmel Boulevard and Cardinal Drive) have instead been developed with single detached dwellings. 2. The requested zoning is appropriate. The site is already zoned R4 -517 which would provide for townhouse development on the site. The applicant has requested a new site specific R4 zone. The requested site specific standards are appropriate as follows: The increase in height from 10 metres (32.8 feet) to 16 metres (52 feet) is appropriate given the slope of the land, the building setbacks and the peaked January 28, 2008 4 PD- 2008 -04 CONCLUSION: roof. The land slopes down about 3 metres (10 feet) from the north property line to Thorold Stone Road. As such, the height of the building is only 11.9 metres (39 feet) at its rear where the current R4 zone has a height provision of 10 metres (32.8 feet). The increased height is mitigated by building setbacks from the adjacent single detached dwellings that are three to four times greater than the typical minimum setbacks for apartment buildings. As well, the building steps down in height to 8.8 metres (26 feet) along Cardinal Drive, reflecting the height of adjacent single detached dwellings. The amending by -law will secure this stepped down design. The height also accommodates a peaked roof which is characteristic of most dwellings. The reduction in the front yard setback reflects the required widening requirements for Thorold Stone Road as set by the Official Plan. A front yard setback of 13.9 metres (45 feet) would be established from the front lot line after the widening, which is generally consistent with other development that fronts onto Thorold Stone Road. The reduction in the interior (easterly) side yard setback from 8 metres (26 feet) to 5 metres (16.4 feet) allows a greater setback to be established from the single detached dwellings to the west. Because the retirement home and apartment buildings are similar in design, the adjacent apartment buildings to the east are not impacted by this reduction. The City's typical parking requirement for retirement homes is 0.60 spaces per suite. The applicant has requested a site specific parking requirement of 0.65 spaces per suite (56 spaces for the development) which will provide a few extra spaces. Staff do not support the reduced exterior side yard requested along Cardinal Drive. Staff recommend a minimum exterior side yard setback of 6 metres (19.7 feet) be applied to the proposal, as previously discussed. 3. Site Plan Control is applicable. The developer will be required to enter to a Site Plan Agreement with the City. Through the site plan approval process such matters as fencing and landscaping to screen adjacent properties, lighting, accesses, grading and servicing will be reviewed in detail. In addition to these matters it is recommended that the architectural and landscape details be introduced along the Cardinal Avenue frontage of the property to ensure the character of this street is maintained. One option would be to introduce the terraces and patios, together with dense landscape plantings, along this frontage. In addition, the developer will be encouraged to retain the mature trees on the property where possible. The requested Zoning By -law amendment to develop a retirement home on the property can be supported for the following reasons: It complies with the Official Plan with respect to locating ancillary uses in residential areas and providing an appropriate housing mix in neighbourhoods. January 28, 2008 A.Bryceyb Attach. It complies with the Northwest Community Secondary Plan with respect to locating compatible development in infill areas and providing an appropriate housing mix in neighbourhoods. The site is already zoned R4. Site specific zone provisions will regulate the retirement home use. Provided the recommended setback to Cardinal Drive is implemented, the proposed development will respect the neighbourhood character and will not adversely impact on surrounding properties. The proposal will add to the choice of housing available to residents. Recommended by: Approved by: Respectfully submitted: 5 PD- 2008 -04 S: \PDR120081PD- 2008 -04, AM- 31 -07, 7901, 7913, 7933 Thorold Stone Rd.wpd Alex Herlovitch, Director of Planning Development Ed Dujlovic, Executive Director of Community Services John MacDchald, Chief Administrative Officer Subject Land Location: Applicant: 7901 Thorold Stone Rd 7913 Thorold Stone Rd 7933 Thorold Stone Rd K: \GIS_ Requests\ 2007\ Schedules\ZoningAM\AM -3 I\mapping.map SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 Reichmann Aquisitions Corporation N 1:NTS AM- 31/2007 January 2008 5 Z 1 j i P of .ra y ii it 1.1 I i ■;7 r. 1ri ea p SSUED FOR R -lYwi YPLIpRy o a f i 1 1 1 i 0 0 Schedule 2 Schedule 3 IIIIIIIII 1 _IIIIIIIIIIIlllll':'1 1 !II'llll!'_ I�•�I IEEE IIII IIIIIIIIII� Illlillllllli� ►il1,,„„„,„1„„„„„„„„1, Its IIII I I�C IIIIIII101111111 t ice■ 11■►ai P 11! \IiiiiiiIIIIIiI lillllllllllll MI11121 121 Ion mlmmi Iuu t1 (1/17/2008) c Andrew Bryce Zoning !T._. Amendment From: To: Date: Subject: CC: Andrew: "Colosimo, Peter" peter. colosimo @regional.niagara.on.ca> "Andrew Bryce" <abryce @niagarafalls.ca> 1/10/2008 7:05 PM Zoning Amendment "Stevens, Bill" bill. stevens @regional.niagara.on.ca "Vetrone, Carmen Re: Zoning By -law Amendment Application Northeast Corner of Thorold Stone Road (Regional Road 57) Reichmann Acquisitions Corporation City File: AM- 31/2007 City of Niagara Falls The subject lands are situated within the Urban Area for Niagara Falls according to the Regional Plan. The proposed apartment development conforms to the Provincial Policy Statement, Provincial Growth Plan and Regional Policy Plan from a general land use perspective. There may, however, be local issues to be addressed to the satisfaction of the City. The property fronts on Regional Road 57 (Thorold Stone Road) which is an arterial road that has a designated road allowance width of 26.2 metres in the Regional Policy Plan. Regional Public Works staff is finalizing comments on this application which will be forwarded separately. This will include confirmation on the necessary width of the road widening and daylight triangle to be dedicated to the Region. The Regional Planning and Development Department is not opposed to this application from a Provincial or Regional planning perspective provided that requirements of the Regional Public Works Department are addressed. Peter Colosimo, MCIP, RPP Senior Planner Regional Niagara Planning Development Department 2201 St David's Road, P.O. Box 1042 Page 1 (1/17/2008) Andrew Bryce Zoning Amendment Thoroid, ON L2V 4T7 Phone: 905 984 3630, ext. 3382 Fax: 905 641 5208 E -Mail: peter. colosimo @regional.niagara.on.ca mailto: peter. colosimo @regional.niagara.on.ca> The Regional Municipality of Niagara Confidentiality Notice The information contained in this communication including any attachments may be confidential, is intended only for the use of the recipient(s) named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, disclosure, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re -send this communication to the sender and permanently delete the original and any copy of it from your computer system. Thank you. Page 2 Sherry Hank Boone 3863 Northwood Drive Niagara Falls, On. L2H 2Y5 January 15, 2008 City Hall, Director of Planning Development 4310 Queen Street Niagara Falls, Ont. L2E 6X5 RE: Roll 2725 -1000 -030- 6700/6800/6900 7901, 7913 7933 Thorold Stone Road Niagara Falls, Ontario Proposed zoning amendment AM- 31/2007 Reichmann Acquisitions Corporation Received `Proposal' January 10, 2008 Dear sir: RECEIVED JAN 2 12008 PLANNING DEVELOPMENT File: The above proposal was received January 10 2008. This did not allow sufficient time to speak to all the neighbours for their opinion or right to represent them in this letter; however; those that I did speak to, did not want to have this building erected at that site. I reside a short block from the site in discussion. I believe that when the city zones an area, that zoning is based of many factors for specific reasons a zoning decision is made. At times, it is necessary to change some decisions but my concern is that a 3 or 4 storey building to replace a site zoned currently housing 3 single family homes, is far greater than a small change. This is a significant change one that needs close viewing consideration. That consideration should be extended to the tax paying residents that will mostly be affected by this dramatic change. The applicant FAILED to present an exact proposal. Is it a 3 storey or a 4 storey building? The proposal without that exact statement should be denied until the applicant can present the permanent plans. The applicant identified 83 units without stating that it would vary to 3 or 4 storeys with that statement leaves me to believe that the applicant knows if they are proposing a 3 or 4 storey unit. I think that the applicant anticipates a severe argument for 4 storeys would propose a compromise by settling `only' 3 storeys thus the manner that it was drawn; however; 3 storeys are too large there should not be a compromise to allow this. This entire area has become densely populated should not be subjected to 83 suites on property zoned which currently houses 3 dwellings only. The land is zoned for RESIDENTIAL LOW DENSITY, GROUP MULTIPLE (r4 -517) just because the space could fit a building doesn't mean that a larger building should be built there. I think 83 units is NOT `LOW DENSITY'. Even 40 units would still be 37 units more than now occupies that space even 40 is NOT `LOW DENSITY'. With 83 units you are looking at a density of 2,766.66 increases in current occupancy. That seems very extreme to me. This building would cause more congestion at the intersection of Cardinal/Brookfield Thorold Stone Road where stop lights have recently been erected to assist in the traffic problem that now exists. 1 This building would most definitely increase traffic greater than single family residences do thus add to an existing problem. Cardinal is not a well sighted street adding buildings at the east would have an impact of making it a hidden street regardless of stop lights being present. No matter how I write the problems that the area endures from the geared to income housing on Thorold Stone Road (Shriners Unit), I will look bias against the persons dwelling therein; but the area is angry over the reckless youths residing therein. This proposed development, will be a very near neighbour of the proposed development. Some of the youths in the Shriners Unit cause problems for the surrounding residents. The police visit there frequently. A Shriner's youth stole my lawn ornaments other decorations also neighbours had the same type of theft. Some youths ignited the wooden bridge at the Mount Carmel Park been caught having under -age alcohol parties in the bushes that align the properties on Northwood. More than once, I have gone cleaned out a garbage bag full of empty bottles, blankets other debris. After cleaning it up, my home was targeted with raw eggs I spent over $800.00 to have some vinyl removed because we could not get the stains off I saw the youths (4 lads 1 female) run down the path to Shriners Unit. They paint obscenities on the park walk way intrude on the Northwood homes back yards swim in the private pools. They have been caught at 2 3 in the a.m. They have been followed, identified some were defiant threatening. They kept worn used mattresses on their balconies facing some of the backyards on Northwood. A site most impressive. Most our neighbours, like us, don't call the police. This could lead to reprisals more damage. Youths do get older, mature stop pranks but in this type of housing, they are replaced by younger kids the cycle continues. This is why I left my south end home which wasn't far from Waters Avenue. So, how would retired people living in units be able to deal with such unruly kids? Will the result be more police then a slant against our neighbourhood thus lowering the value of our homes. That is a primary reason why many of us won't go public with this problem. If this proposal is allowed, then my neighbours I will be requesting tax reductions for the decrease in our property value. A unit there would have a marketing impact on the subdivision in that proximity then we might as well bring out the problems with the some Shriner's residents. I think the congestion in that short block would be too dense. This area has nothing to offer a group of retired persons. An unarguable fact is that elderly persons are usually those attending doctors more often there is no medical unit close. Most travel must be done by vehicle thus adding to the congestion. Three storeys in a residential are extreme. Four storeys are ludicrous. Three or four allows for a segregated subdivision to the north which would encase the subdivision in a locked -in' view. The Zoning should not be granted at this time. The applicant should submit a proposal that is clear concise of the intentions to develop that land then present it. The applicant has not brought a definite plan to the council to make any decision at this time. Sincerely Sherry Hank Boone 2 January 28, 2008 PD- 2008 -07 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: NiagaraJlalls CANADA Re: PD- 2008 -07 AM-29/2007, Official Plan and Zoning By -iaw Amendment Application 4067 Drummond Road Applicant: Carmela D'Angelo Agent: Gustino Jim D'Angelo Proposed Office That Council approve the proposal to convert the existing dwelling into an office, by adding a Special Policy Area designation and policies for the property and limiting its use through a site specific Neighbourhood Commercial zone. cr\cI- }'ham resid: ri-s Ir\dudec,, Oar) proce s. BACKGROUND: Carmela D'Angelo has requested an amendment to the Official Plan and to Zoning By -law No. 79 -200 for a 550 square metre (5,915 square foot) parcel of land known as 4067 Drummond Road, as shown on Schedule 1. The applicant is proposing to convert the existing 107 square metre (1,150 square foot) dwelling into an office and provide required parking in the rear yard, as shown on Schedule 2. The land is designated Residential in the Official Plan. The applicant requests the property be redesignated to the same Major Commercial designation that applies to the east side of Drummond Road to allow the property to be used for general commercial purposes. The land is zoned Transition Residential Multiple (TRM). The applicant has requested a change to General Commercial (GC). The requested GC zone would permit the land and the existing dwelling to be used for a variety of commercial purposes. Site Conditions and Surrounding Land Uses A single detached dwelling, with a driveway to its north, currently exist on the property. The southerly side yard and r yard are landscaped. Mature trees exist along the southerly lot line and rear lo 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 Community Services Department Planning Development January 28, 2008 2 PD- 2008 -07 Abutting to the north, south and west are single detached dwellings. A full range of commercial uses are permitted one property to the north and across the street to the east. Circulation Comments Regional Municipality of Niagara Transportation Services No objections, as the proposed use is not expected to produce significant traffic. Parks, Recreation and Culture Building Services A Change of Use Building Permit will be required to convert the single family dwelling to an office. Municipal Works No objections. Planning Analysis The City should be satisfied that there is a need for the requested land use change, given that there appears to be sufficient opportunity to provide the use in the abutting Major Commercial district, and that the proposed use does not impact on abutting residential uses. Should the City adopt the Official Plan Amendment, it will be exempt from Regional approval. Street tree planting to be done to the satisfaction of the City's Forestry Section through site plan control. Applications to amend the Official Plan are evaluated on a set of criteria to ensure the requested change is appropriate. The proposed office use conforms to these criteria as follows: 1. Conformity to the General Objectives of the Plan and Site Suitability The land is designated Residential in the Official Plan in an area intended to be redeveloped for multiple unit dwellings. The applicant has requested the same Major Commercial designation which applies to the Stamford Retail District (Five Corners commercial node). The Official Plan contemplates major expansion of commercial areas where supported by a market study or minor boundary adjustments needed to round out a commercial area to improve economic or traffic functions. January 28, 2008 3 PD- 2008 -07 The subject property, while contiguous to the node, is flanked by residential properties to the north and south and a stable residential neighbourhood to the west. Until the whole block fronting onto Drummond Road is consolidated to round out the commercial node, designating only the subject property Major Commercial would be premature and would represent an intrusion between residential properties where a full range of commercial uses could impact on adjacent residential uses. As an alternative, allowing only an office use through a Special Policy provision within the Official Plan can be considered for the following reasons: The property is contiguous to an established Major Commercial node which does not perpetuate strip commercial development. Retaining the Residential designation while allowing an office use to establish within the existing dwelling would allow the property to merge with adjacent properties in the future to be developed as part of a multiple unit development as contemplated by the City's planning program. Limiting the office use to the existing dwelling will retain the character of the area and ensure the scale remains small to lessen impacts. The dwelling has a floor area of 107 square metres (1,150 square feet) and is not expected to have a significant impact on the commercial vacancy rate of the area or the City in general. It is recommended that the Residential designation remain and that a Site Specific Policy be applied to the subject lot to allow the existing dwelling to be used as an office as an alternative to residential use. This will protect the long term intent of the planning program that the area redevelop for multi family units or redevelop through a comprehensive review once properties are consolidated. 2. Compatibility of the Proposed Use with Adjacent Land Use Designations As the subject property has a small lot size and is adjacent to sensitive land uses, the requested full retail and commercial operations should not be permitted. In addition to limiting the use of the property to an office: To better regulate traffic flow and reduce impacts on abutting properties, only one, two -way driveway should be allowed on the south side of the building. As much of the front yard landscaping as possible should be retained to maintain the existing character of the street. The rear yard parking area should not be paved to lessen overland drainage and better protect existing trees. In addition, a 1.2 metre (4.0 foot) landscape strip should be provided to buffer the abutting residents to the west, allow for retention of existing trees and provide an area for snow clearance. A 1.8 metre (6.0 foot) closed board fence is to be required around the parking lot to screen the abutting residential properties. January 28, 2008 4 PD- 2008 -07 3. A Neighbourhood Commercial Zone, with Special Provisions, is recommended. A.Bryce:mb Attach. The applicant has requested the property be zoned General Commercial (GC). The GC zone provides the broadest range of commercial uses in the City. The intended use of the property is for an office. Given the small size of the property and to ensure compatibility with the abutting residential properties, it is recommended that the property be zoned Neighbourhood Commercial (NC) with site specific provisions to: CONCLUSION: Recommended by: Approved by: Respectfully submitted: Restrict the use of the lands to an office or one or two residential units within the existing dwelling unit. Require the front yard landscaping be retained except for the driveway. Require a 1.2 metre (4.0 foot) wide landscape strip along the west property line and require a 1.8 metre (6.0 foot) high fence along the lot lines between the parking lot and the residential properties. The proposed office can be supported by establishing a Special Policy Area designation and a site specific NC zone on the lands, for the following reasons: A limited office use is in conformity with the Official Plan criteria for considering land use changes. The long term intent of the Official Plan to consolidate adjacent properties that front onto Drummond Road for future multiple unit development is maintained. Provided the recommended measures to mitigate impacts on adjacent residential properties are implemented, the proposed office use is appropriate and will provide a transition in between adjacent major commercial and residential uses. tLeit>— Alex Herlovitch, Director of Planning Development Ed Dujlovic, S:1PDR120081PD- 2008 -07, AM- 29 -07, 4067 Drummond Rd, D'Angelo.wpd xecutive Director of Community Services John MacDonald, Chief Administrative Officer Subject Land Location: 4067 Drummond Rd Applicant: Carmela D'Angelo K: Schedules \ZoningAM\AM- 291mapping.map SCHEDULE 1 LOCATION MAP Amending Zoning By -law No. 79 -200 1:NTS AM- 29/2007 January 2008 Drurnmo PLAN 3.048 WIDE ROAD WIDENING BY—LAW No. 2002 N2*28'30"W 11.13 WNSHIP co hoin link fen Allowance Between Towns 1323 2 75 PLAN fence fence 0.91 W 0.94 W Schedule 2 "resid n tiol" X wood fence X Road 1 PART 1 PLAN 59R-11323 C\I r 0 v-- porch g 2 Storey Dwelling #4079 Z LOT. 78 No. 48 LOT AREA 549.5 sq.m. BUILDING COVERAGE 61.5 sq.m. 11.2% ASPHALT AREA 368.8 sq.m. 67.1% LANDSCAPED AREA 119.2 sq.m. 21.7% 100.0% Mr. Alex Bexlovitch Director of Planning and Development City Hall 4310 Queen. Street Niagara Falls, ON L2E 6X5 January 14, 2008 1s. Judy Chimenti 6239 Crawford Street Niagara Falls, ON 1.2E 5Y5 Dom Sir .rte Chimenti RECEIVED JAN 1 2008 PLANNING DEVELOPMENT A /Li 0 [/■.6 ot Ck- Yi; 1 would like to submit my concerns regarding the application by the property owners of 4067 Drummond Road to have the zoning by law amended from the transition Residential Multiple to General Commercial to accommodate their interest in a real estate and mortgage office. In my telephone conversat ion with Mr. Bryce (Tuesday. January 8,2008). t expressed my concerns about the new proposed paved areas and their impact an the five mature trees surrounding the proper and the possible parking congestion that may occur on Crawford Street. 1 in derstand the owners interest in adding a driveway on the south side as the traffic at Five Comers and along Drummond Road challenges any one who needs to back out of their driveway onto Drummond Road. However,. the paving of this driveway and the parking lot on the west side concern. nee. Mr. Bryce said that the six car parking lot would be three feet from my wooden fence. There are two mature trees, a Norway Maple and a Walnut Tree within this area. Their root systems can by impacted by the digging for this parking lot and this could also impact the Silver Maples on the west side. I believe that it is imperative to become responsible for maintaining our mature trees for their environmental impact on the neighbourhood as well as for their aesthetic beauty and shade My concern with the proposed parking lot; is there adequate parking space to accommodate both staff and clients? lf not Crawford Street would be accessed to assist with the overflow of parking. Even now it is challenging to back out of my driveway because of the speed of cars are corning from Drummond Road onto Crawford Street. Crawford Street is still zoned residential and not designed for commercial puking. My other concern with the parking lot pertains to the plowing of the snow in winter Where will they put the snow 1 trust my above concerns for the environment, safety and congestion will be given every consideration. 1 can be reached at (905) 358 0245 for any further clarification. Sincerely, Nov, ►b. 2U0/ 4 :55I'M REGIONAL PLANNING N 1885 P. 1 Niagara WO Region PLANNING AND DEVELOPMENT November 16, 2007 Andrew Bryce Planner 2 City of Niagara Falls 4 310 Queen Street Niagara Fails, ON L2E 6X5 Planning Scanned Fire f 1 Files: D.10.M.11.21 D,14.M.11.23 RECEiVE15 NOV 19 :13? PLANNING DEVELOPM w 'r The Regional Municipality of Niagara 2201 St. David's Road, P.O. Box 1042 Thorold, Ontario L2V 4T7 Telephone: 905 -984 -3630 Fax: 905 641 -5208 E -mail: plan(regional,niagaraon.ca Dear Mr, Bryce: Re: Application to Amend the Official Plan and Zoning By -law 4067 Drummond Road Carmela D'Angeio and Liu Hong Qun City of Niagara Falls This application proposes amendments to the City's Official Plan and Zoning By -law to allow the conversion of a residential property to a commercial use (real estate /mortgage office). The following comments are provided for your consideration from a Provincial and Regional planning perspective. Regional and Provincial Planning Review The subject property is within the Urban Area Boundary for Niagara Falls according to the Regional Policy Plan. A variety of land uses are eneral! 9 y permitted with full municipal services provided. Provincial policies also support a full range of uses in appropriate locations within urban settlement areas to meet community needs. The Region shares an interest with local municipalities in the amount and distribution of commercial uses which is provided in the City's Official Plan, In amendments to the Official Plan and Zoning Bylaw affect one lot that �s t the proposed is outside e of the planned commercial district. There appears to be plenty of opportunities to provide this type of use in the immediate vicinity within the existing Major Commercial designation. The City should be satisfied that there is a need for this land use change and that there will not be negative impacts on the adjacent residential neighbourhood in the long term. The Regional Public Works Department has advised there are no concerns with the application since the property does not front on a Regional road and municipal services are provided. Should the City adopt the Official Plan amendment, it will be exempt from Regional approval. The notice of decision and a copy of the amendment, if adopted, should be forwarded to the Re Tonal Plannin. and Develo•ment Dep artment. Building Community. Building Lives. Nov. 16. 2007 4:55PM REGIONAL PLANNING No. 1885 P. 2 2 If you have any questions, please contact me for assistance. Yours truly, Peter Colosimo, MCP, RPP Senior Planner c: A. Herlovitch, City of Niagara Falb 13. Stevens, Regional Public Works Councillor W. Smeaton M: \MSWORD \PC\M1agara FallsWFopa14067DrummondDAnge toOPA r.Z,BLA,doo Dean Iorfida Fwd: proclamation request From: Dean Iorfida Subject: Fwd: proclamation request "Janice Wing" <janice_wing @cogeco.ca> 1/14/2008 12:32 PM Hi Dean, 1 have recieved an email from Theresa Wilson, who asks: I am wondering if you could help me again to have Congenital Heart Defects Awareness Week proclaimed again in Niagara Falls." Last year was the second year for us to pass this proclamation. The text of the proclamation is below. janice PROCLAMATION Page 1 of 1 WHEREAS, Congenital Heart Defects are the most frequently occurring birth defect and the leading cause of birth defect related deaths worldwide; and WHEREAS, Families across Canada are facing the challenges, hardships and uncertainties of raising children with Congenital Heart Defects; and WHEREAS, Currently one of every 85 children is born with a Congenital Heart Defect and one of every 250 adults has a Congenital Heart Defect; and WHEREAS, Some Congenital Heart Defects are not diagnosed until months or years after birth; and WHEREAS, Undiagnosed Congenital Heart conditions cause many cases of sudden cardiac death in young athletes; and WHEREAS, Despite these statistics, newborns and young athletes are not routinely screened for Congenital Heart Defects; and WHEREAS, A disproportionately small amount of funding is available for Congenital Heart Defect research and support; and WHEREAS, Congenital Heart Defect Awareness Week provides an opportunity for families whose lives have been affected to celebrate life and to remember loved ones lost, to honor dedicated health professionals, and to meet others and know they are not alone; and WHEREAS, The establishment of Congenital Heart Defect Awareness Week will also provide the opportunity to share experience and information with the public and the media, in order to raise public awareness about Congenital Heart Defects; now THEREFORE, Be it resolved by Mayor Ted Salci of Niagara Falls that February 7 -14, 2008, be proclaimed as Congenital Heart Defect Awareness Week and encourages all citizens to increase awareness, education, and services for Congenital Heart Defects which each year affect thousands of babies in Canada. about:blank 1/14/2008 Dean Iorfida background inof pertaining to proclamation Page 1 of 2 From: "Janice Wing" <janice_wing @cogeco.ca> To: "Dean Iorfida" <diorfida @niagarafalls.ca> Date: 1/14/2008 12:38 PM Subject: background inof pertaining to proclamation Families of children with congenital and acquired heart disease, adults with congenital heart defects, and the professionals who work with them are joining forces to have February 7 -14th proclaimed as "Congenital Heart Defect Awareness Week." As a resident of Niagara Falls, I am requesting that you help us reach our goal by making an executive proclamation declaring this special week in February. I am the parent of a nearly 3 year old child, Kristopher Wilson, born with a Congenital Heart Defect called critical aortic stenosis. He has undergone 2 valvuloplasty procedures so far and will endure many, many more procedures throughout his entire life, including open heart surgery, unless of course medical advances are made, and minimally invasive techiques are made available to repair his heart defect. For more information about CHD Awareness week participants and activities, please see www.tchin.org /aware. I would be extremely proud if my city would participate in making February 7 -14th a special week to recognize people born with heart defects, to remember loved ones who lost their battle to CHD, and to honor the dedicated health professionals who work with us. I would be most grateful if you could sign the proclamation as soon as possible so that we can recognize this in the month of February. Congenital Heart Defects are the number one cause of death under the age of one and the number one birth defect. Your honouring of this event, and reading at council meeting, thus airing on cable 10, will have a profound impact on thousands of families and individuals. I thank you for your time and consideration. Respectfully, Mr. Rob Mrs. Theresa Wilson and children, Emma and Kristopher file: //C :\Documents and Settings \di2021Local Settings\ Temp\XPgrpwise1478B57C3Domai... 1/14/2008 January 28, 2008 F- 2008 -03 Members: Re: F- 2008 -03 Borrowing By -Law RECOMMENDATION: That the City Council approve: (i) BACKGROUND: Borrowing for Current Expenditures Recommended by: Approved by: Respectfully submitted: Todd Harri Nice ara cells CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario the borrowing of up to a maximum sum of $24,000,000 for current expenditures. The Municipal Act makes provision for the Council to authorize the Mayor and Treasurer to borrow from time to time such sums as the Council considers necessary to meet the current expenditures of the Corporation for the year. Staff recommends Council approve the borrowing of a sum or sums not exceeding in the aggregate $24,000,000.00. These temporary borrowings are necessary to pay for obligations prior to the collection of taxes. Staff has prepared the borrowing by -law and it is included in the by -law agenda. This by -law is ready for approval given the Council's approval of the recommendation in this report. Director of Financial Services Ken Burden, Acting Executive Director of Corporate Services 0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca MacDonald, Chief Ad r nistrative Officer Working Together to Serve Our Community Corporate Services Department Finance January 28, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Recommended by: Approved by: Respectfully submitted: TH:Iw Todd Harriso Niag ara alts C A N A D A Re: F- 2008 -04 Property Tax Grant Low- Income Seniors That Council approve the same application process for both Property Tax and Water Rebate for low- income seniors, as was done in 2007. As the 2008 Budget deliberations are well under way, Finance staff is seeking direction in respect to 2008 grants. In previous years' budget discussions, Council had requested that Staff identify opportunities to provide relief to low- income seniors. Since 2004, the City has provided the Annual Low Income Seniors Water Rebate. of $100 to qualified applicants, and in 2007 Council initiated the Low Income Seniors Property Tax Rebate. In 2007, 542 applicants qualified for both the $100 water rebate and for the $100 property tax rebate. To maximize administrative efficiency, Staff recommends that the application process would once again be the same for both Low Income enior Rebates. Acting 'rector of Financial Services en, Acting Executive Director cDonald, Chief Administ ative Officer F- 2008 -04 Corporate Services 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 Corporate Services Department Finance January 28, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: F- 2008 -05 2008 Interim Tax Levy RECOMMENDATION: BACKGROUND: Niag ara a11s C A N A D A That Council approve the following: i) the 2008 Interim Tax Levy calculation; and ii) the passing of a by -law providing for a 2008 Interim Tax Levy F- 2008 -05 The Corporation of the City of Niagara Falls requires an interim tax levy. This requirement is necessary because of two factors. Firstly, the Corporation requires operating funds so as to meet its financial obligations. In addition to the requirement for its own operating needs, the Corporation must also meet its statutory obligations for collecting taxes on behalf of the Region of Niagara and the local school boards. The statutory requirement of the City is to provide quarterly payments to both the Region of Niagara and the local school boards. Both of these factors necessitate the interim tax levy. Failure to provide an interim tax levy will lead to increased borrowing by the Corporation and will result in increased interest expenses. An interim tax levy is required to ensure the provision of the required funds to minimize borrowing costs. The authority to collect this interim tax levy is prescribed in section 317 of the Municipal Act. The interim tax levy is subject to the following rules: 1. The amount levied on a property shall not exceed the prescribed percentage, or 50 percent if no percentage is prescribed, of the total amount of taxes for municipal and school purposes levied on the property for the previous year. 2. The percentage used in the levy may be different for different classes but must be the same for all propeie.in a property class. 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 Corporate Services Department Finance January 28, 2008 2 F- 2008 -05 3. Allows the municipality to use an entire years taxes for a property in the calculation of the interim tax levy in the situation that a full year was not charged in the previous year. Staff has developed the interim tax levy based on these rules and has determined that the amount due for the interim levy for each property will not exceed 50% of the annualized assessment used in determining the 2007 tax levy. The due dates for this interim tax levy are in accordance with the new Municipal Act. The interim bill will be due on two dates. As per the regulations outlined in the new Municipal Act, property owners must be provided 21 days notice before payment. The due dates are consistent with the regulation and will be February 29, 2008 and April 30, 2008. In 2007, these dates were February 28, 2007 and April 30, 2007. An interim levying by -law is required to establish the amount of the interim levy. This has been prepared and appears on this evening's Council Agenda for passage. Recommended by: Approved by: Respectfully submitted: AF:Iw Todd Ha ison, II tang Director of Financial Services Ken B John Donald, Chief Administr. ive Officer orporate Services January 28, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Niag ara alts CANADA Re: F- 2008 -07 Approval of Interim 2008 Spending Limits F- 2008 -07 That, in the absence of an adopted 2008 Current Budget, City Council approves the following: 1. City divisions be allowed to incur costs to a level of 50% of the divisions' expenditure budget of the prior year. 2. New capital items deemed essential by a division be approved by City Council prior to purchase. 3. That this policy be communicated to all Commissions, Boards and Agencies, and that City contributions not exceed a monthly pro rata share of the prior year's support. Staff advises that consideration of the 2008 budget is ongoing and that requests for approval of interim spending limits for the 2008 fiscal year is required. Expenditures without budget appropriations should not take place without the approval of City Council. The City, however, is an ongoing entity and must, of necessity, incur costs. To allow for these expenditures, the Municipal Act 2001 (Section 317) authorizes Council to pass an interim levy by -law fore the adoption of the estimates for the year n 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 Departmen Finance January 28, 2008 2 F- 2008 -07 Since the consideration of the 2008 budget is ongoing, most division, boards and agencies should be able to operate with an interim spending approval of approximately 50% of the 2007 budget. If Council approval of the budget is not achieved by the end of May 2008, a further report with an amended interim spending authority will be submitted. The purchase of items designated as new capital are to be excluded from the above proposal inasmuch as their purchase should specifically be approved by the respective Committee, Board or Agency. Such purchases prior to the adoption of the annual estimates will also require the approval of City Council. Recommended by: Approved by: Respectfully submitted: Todd Harrison, Actin 'Director of Financial Services Ken en, Ac ing Executive Director of Corporate Services acDonald, Chief Admin'.trative Officer January 28, 2008 18- 2008 -01 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: IS- 2008 -01 Niagara Catholic District School Board Data Sharing Agreement District School Board of Niagara Data Sharing Agreement RECOMMENDATION: Niag ara ails CANADA 1) That the Corporation of the City of Niagara Falls enter into a Data Sharing Agreement with the Niagara Catholic District School Board (NCDSB); and 2) That the Corporation of the City of Niagara Falls enter into a Data Sharing Agreement with the District School Board of Niagara (DSBN); and 3) That the Mayor and Clerk be authorized to sign the attached agreements. BACKGROUND: "The Corporation of the City of Niagara Falls wishes to enter into a data sharing agreement with both the "Niagara Catholic District School Board" and the "District. School Board of Niagara" in order to receive digital information depicting the school boundaries, locations and facility details within the municipal boundary of Niagara Falls. The purpose of these legal agreements is to establish a method by which the City of Niagara Falls can obtain digital data, from the local school boards, and establish acceptable guidelines for its use. In the past, the City has entered into a number of different legal agreements in order to obtain digital data products from outside agencies. This practice allows staff to streamline the data entry process and to improve the accuracy of information by having it provided directly from it's originating source. By signing these agreements, including "Schedule A" in each case for clarification, the City may use the data for its internal purposes and post said information on its Internet Mapping Service. Queen Street, PO, Box 1023, Niagara Falls, ON, Canada 1.2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Information Systems January 28, 2008 2 IS- 2008 -01 The main purpose of the agreement is to prohibit the municipality from sharing the data files in a digital (editable) format, which the City has no intention of doing in any event. This agreement is at no cost to the City. Council's concurrence of the recommendation and agreement to authorize the Mayor and Clerk to sign the agreement would be appreciated. Recommended by: Approved by: Respectfully submitted: /X ZN uO floL O Lynn Molloy, Director of Information System Burden, Acting Executive Director of Corporate Services n MacDonald, Chief Administrative Officer Working Together to Serve Our Community Corporate Services Department Information Systems RE: Sharing of Niagara Catholic District School Board GIS Data with the Corporation of the City of Niagara Falls The Niagara Catholic District School Board (NCDSB) agrees to share the GIS datasets described in Schedule A (and any updated versions thereof) with the Corporation of the City of Niagara Falls under the following conditions: 1. The Corporation of the City of Niagara Falls shall not provide, share, or disseminate the data in any editable electronic format to any other party without the written consent of NCDSB. 2. The Corporation of the City of Niagara Falls is permitted to make the data viewable to other parties through an Internet Map Server (IMS) provided that reasonable steps have been taken to prevent the data from being downloaded in an editable format. 3. The Corporation of the City of Niagara Falls is permitted to disclose the data to its own employees and agents who require the data in order to fulfill the objectives of the City of Niagara Falls. 4. The data is provided "as is" and NCDSB provides no guarantee regarding its accuracy or completeness. The maps /drawings contained in the datasets are intended for general layout purposes only and shall not be considered official plans or drawings. In addition, NCDSB shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. No part of these maps or information, or hardcopies made from them may be reproduced and/or distributed without this disclaimer. Mayor Date The Corporation of the City of Niagara Falls Clerk Date The Corporation of the City of Niagara Falls Director of Education Date Niagara Catholic District School Board Data Provided: Letter of Agreement Schedule A NCDSB Elementary and Secondary School Boundary Districts for Niagara Falls Schools (2007 -2008) NCDSB Elementary and Secondary School Facility Locations (2007 -2008) RE: Sharing of District School Board of Niagara GIS Data with The Corporation of the City of Niagara Falls The District School Board of Niagara (DSBN) agrees to share the GIS datasets described in Schedule A (and any updated versions thereof) with The Corporation of the City of Niagara Falls (the "City under the following conditions: 1. The City shall not provide, share, or disseminate the data in any editable electronic format to any other party without the written consent of DSBN. 2. The City is permitted to make the data viewable to other parties through an Internet Map Server (IMS) provided that reasonable steps have been taken to prevent the data from being downloaded in an editable format. 3. The City is permitted to disclose the data to its own employees and agents who require the data in order to fufil the objectives of the City. 4. The data is provided "as is" and DSBN provides no guarantee regarding its accuracy or completeness. The maps /drawings contained in the datasets are intended for general layout purposes only and shall not be considered official plans or drawings. In addition, DSBN shall not be held liable for special, incidental, consequential or indirect damages arising from the use of this data. No part of these maps or information, or hardcopies made from them may be reproduced and /or distributed without this disclaimer. The Corporation of the City of Niagara Falls The Corporation of the City of Niagara Falls District School Board of Niagara Letter of Agreement Schedule A Date Date Date Data Provided: DSBN Elementary and Secondary School Boundary Districts for Niagara Falls Schools (2007 -2008) DSBN Elementary and Secondary School Facility Locations (2007 -2008) January 28, 2008 L- 2008 -04 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag ara alts CANADA Re: L- 2008 -04 Historic Niagara Development Inc. and the City Lease Agreement Elgin Block, Ontario Avenue, Niagara Falls Our File No. 2007 -311 RECOMMENDATION: That the City enter into a Lease Agreement with Historic Niagara Development Inc. with respect to the lease of a suite within the premises referred to as the Elgin Block and municipally known as 4673 Ontario Avenue, Niagara Falls and that the Mayor and Clerk be authorized to execute said Lease Agreement. BACKGROUND: This Report is prepared in furtherance of the information provided to Council in- camera on September 24, 2007. The City's Staff complement has outgrown the current configuration of the City Hall building. The City Hall building is to undergo renovations to improve the functionality of the building. In order to accommodate these improvements, the Information Systems department will be relocated in a suite within the Elgin Block. The suite will be improved so that the Information Systems department remains in direct communication with City Hall. No variations in service level are anticipated. The Elgin Block is approximately one City block from the City Hall building. The Lease is for a term of three years with two options to renew, each for an additional three year period. The premises consist of 3,150 square feet of office space. reet, P.O. Box 1023, Niagar Falls, ON, Canada L2E 6X5 905 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Corporate Services Department Legal Services January 28, 2008 2 L- 2008 -04 The rent is an all inclusive amount of $3,099.88 per month for the first year of the term with a percentage increase as defined in the Consumer Price Index for years two and three of the term. Recommended by: Approved by: Respectfully submitted: K. Beaman /sm. Ken Beaman, City Solicitor K. E. Burden, Acting Director of orporate Services at/ MacDonald, Chief Administrative Officer Jruary 28, 2008 MW- 2008 -01 Niagara His Worship Mayor Ted Salci CANADA and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW- 2008 -01 Funding Agreement with Region of Niagara Combined Sewer Overflow Management Action Plan RECOMMENDATION: That Council accept the terms and conditions of the Funding Agreement for the 2007 Combined Sewer Overflow Management Action Plan (CSO -MAP) with the Region of Niagara and that staff be directed to execute the appropriate documents to access the available funding under this program. BACKGROUND: The Region of Niagara has been working with area municipalities to reduce the impacts that combined sewer overflows have on the environment and sewage treatment operations. In 2007, Regional Council allocated $6,476,061 in its Budget for Area Municipalities who have ongoing CSO problems due to combined sewer collection systems or chronic wet weather issues such as basement flooding that requires emergency bypass pumping. (See attached correspondence from Regional Niagara dated November 9, 2007.) Municipal Works staff has submitted an application last Summer and has received confirmation that the following project will be eligible for funding under the Region'S CSO- MAP Program over the next two years; Project Name Dunn /Drummond Overflow Removal Valleyway /Houck Overflow Weir Modification Kalar Rd. Area Weeping Tile Disconnection Crysler /ParkNalleyway /River HRT Monitoring Bridge Park St. Sewer Separation 0 Queen Street, P.O. Box 1023, Niagara Fails, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca TOTAL 2007 Program $17,500 $0 $0 $0 $17,500 *Note The alloe. y 2008 is subject to the approval of the Region Working Together to Serve Our Community 2008 Program* $0 $12,500 $375,000 $7,500 $1,925,000 $2,320,000 Budget. Community Services Departrr Municipal Works January 14, 2008 2 MW- 2008 -01 As noted in the attached correspondence from the Region of Niagara, December 12, 2007, access to funding is conditional upon a number of terms and conditions which have been reviewed by staff and deemed to be acceptable funding requirements. The CSO -MAP Program will fund 50% of the project costs with the City's share being funded by the sanitary sewer portion of its 2008 Utility Budget. Each of the projects identified on this list has been approved by City Council in previous reports. Specific details can be made available upon request. Recommended by: Approved by: Respectfully submitted S: \REPORTS12008 Reports\MW- 2008 -01 CSO Funding.wpd Geoff Holman, }Direct r of Municipal Works Ed Dujlovic, Execu iveDirector of Community Services John MacDonald, `Chief Administrative Officer November 9, 2007 Mr. Dean lorfida City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mr. lorfida,: Niagara Water Strategy CSO Management Action Plan Project ZSW0004 Office of the Regional Clerk 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905- 685 -1571 Toll-free: 1- 800 263 -7215 Fax: 905 685 -4977 www. regional.niagara.on.ca Our Ref.: PPW 15 -2007, October 31, 2007 PWA 165 2007 /CSD 169 -2007 C.02.0040 We are pleased to advise that Regional Council at its meeting of November 9, 2007, approved the recommendation of the Planning Public Works Committee meeting of October 31, 2007, as follows: That Report PWA 165 -2007 (CSD 169- 2007), October 39, 2007, respecting the Niagara Water Strategy CSO Management Action Plan, Project ZSW0004, be received; That this Committee recommends to Regional Council approval of the allocation of $6, 476.061 for 2007 Area Municipal projects identified in Table 1 for funding under the CSO Management Action Plan; That Wastewater Reserve Fund financing in the amount of $476,061 be transferred from Project ZSW9407 Improvements to Gamer Road Lagoon to Project ZSW0004 Wet Weather Control Program, to accommodate the recommended 2007 Niagara Water Strategy CSO Management Action Plan projects; That Area Municipalities be advised of the results of Regional funding support as set out in Table 1; That Regional staff prepare and execute the respective partnership funding agreements for up to 50% funding support to Area Municipalities for qualifying projects to reflect the terms and conditions set out in the attached Appendix 3; and Building Community. Building Lives. A copy of the report is enclosed for your information. Yours truly, e �-c.�— Pam Gilroy Q Regional Clerk /bs Attachment c. Mr. K. Brothers, Commissioner, Public Works Ms. B. Matthews Malone, Director, Water and Wastewater Services Mr. M. Roach, Manager, Public Works Financial Services Mr. P. Baker, Associate Director,. Water Wastewater Engineering Mr. B. Steele, Environmental Coordinator Ms. D. Anders, Project Manager Area Municipalities November 9, 2007 Page 2 That 2008 projects identified in Table 1 be given priority for CSO Management Action Plan funding, subject to approval of the 2008 Regional capital budget. REPORT TO: Co- Chairs and Members of the Corporate Services Committee And Co- Chairs and Members of the Planning and Public Works Committee SUBJECT: Niagara Water Strategy CSO Management Action Plan Project ZSW0004 RECOMMENDATION(S) That this Committee recommends to Regional Council: 1 CSD 169 -2007 PWA 165 -2007 October 31, 2007 Approval of the allocation of $6,476,061 for 2007 Area Municipal projects identified in Table 1 for funding under the CSO Management Action Plan; That Wastewater Reserve Fund financing in the amount of $476,061 be transferred from Project ZSW9407 improvements to Garner Road Lagoon to Project ZSW00.04 Wet Weather Control Program to accommodate the recommended 2007 Niagara Water Strategy CSO Management Action Plan projects; That Area Municipalities be advised of the results of Regional funding support as set out in Table 1; That Regional staff prepare and execute the respective partnership funding agreements for up to 50% funding support to Area Municipalities for qualifying projects to reflect the terms and conditions set out in the attached Appendix 3. That 2008 projects identified in Table 1 be given priority for CSO Management Action Plan funding, subject to approval of the 2008 Regional capital budget ,!i ...R4 ".1. a.;•1tY. f hy• <a 5 i••}t, :'J r. si ,'Q 1. Valley Way and Houck Overflow Monitoring and Weir Modification Niagara Nia Falls g 0 $12,500 2. Kalar Road Weeping Tile Disconnection Niagara Falls $0 $375,000 EXECUTIVE SUMMARY FINANCIAL IMPLICATIONS CSD 169 -2007 PWA 165 -2007, October 31, 2007 On April 25, 2007, Regional Council adopted PWA 76 -2007 respecting the control and management of Combined Sewer Overflows and cost partnering by the Region with Area Municipalities. The policy became effective on June 1, 2007. Funding applications were subsequently received from six Area Municipalities, representing 17 CSO projects. Regional staff reviewed these applications and this report recommends the allocation of Regional funds on an up to 50/50 cost sharing basis to undertake the identified works. The approved projects will significantly contribute to the reduction in the pollution of receiving water bodies across the Niagara watershed associated with Combined Sewer Overflows. The CSO Management Action Plan recommended an annual budget allocation of $6.6M. The 2007 Wastewater capital budget was approved in advance of the adoption of the CSO Action Plan and included a $6 million approved allocation. Funding applications were received and reviewed. Discussions were also undertaken with each of the Area Municipalities to confirm the details of their proposals including timing. Funding applications requesting more than the 2007 budget allocation were received and it is recommended that funds from Project ZSW9407 be transferred to Project ZSW0004: Wet Weather Flow Control Program to accommodate the requests. The recommended 2007 projects are identified in Table 1. It also identifies the 2008 CSO Action Plan priority projects and respective budget allocations to be included in the 2008 capital budget. All projects shown in 2007 have or will commence shortly with the exception of the Guy Road storage facility in St. Catharines. This project commenced in 2006 with, at that time, a 5% contribution commitment from the Region. The project will be completed this year. (See Appendix 4 of this report for additional project information). Table 1 Recommended 2007 and 2008 CSO Management Action Plan Funding Requests (NET) 2 4. Broadway Area Extraneous Flow Reduction Program Welland 1 $0 v v, V V V $250,000 5. NUSA Extraneous Flow Study Remedial Action NOTL $0 $61,500 6. River Lane Improvements Niagara Falls $0 $0 7. Chrysler /Park, RiverNalleyway HRT Monitoring Program Niagara Falls g $0 $7,500 8. Wetland /Ontario Sewage Storage Facility St. Catharines $2,575,000 $0 9. Combined Sewer Separation Structures Thorold $1,868,320 $0 10. Guy Road Park CSO Storage- Stage 3 St. Catharines $211,100 $0 11. OAW CSO Reduction Program East War Time Drainage Area Welland $12,500 $p 12. OAW CSO Reduction Program Lyons Ave. Drainage Area Welland $100,000 $0 13. OAW CSO Reduction Program Ontario Rd. SPS Drainage Area Welland $325,000 $0 14.Bridge &Park Streets Sewer Separation Niagara Falls $0 $1,925,000 15. Lockview CSO Storage Tank St. Catharines $1,366,671 $0 16. Drummond Road (Murray to Lundy's Lane) Sewer Separation Niagara Falls g $0 $410,000 17. Dunn Drummond Overflow Removal Niagara Falls $17,500 $0 Total Recommended Regional Funding: $6,476,061 $3,441,500 r'! J: j.:iYgiO.'v {i 3. Arena West Source Control Pilot Program Port Colbo CSD 169 -2007 PWA 165 -2007 October 31, 2007 In summary, the Region's apportionment of project costs qualifying under the 2007 CSO Management Action Plan is approximately $6.5 million, based on a gross cost of approximately $20 million. Area Municipalities will be notified about the 2007 CSO Management Action Plan budget allocation approvals, as well as those projects that have been placed on the 2008 priority list, subject to the 2008 capital budget approval. As noted above, funding in the amount of $6,000,000 was indentified in the 2007 Capital Budget for this project. The report on the tender award for Contract RN 07 -22 Lockview Combined Sewer Overflow Storage Tank will initiate the $6,000,000 to provide Niagara's share of the CSO cost sharing which includes the Lockview CSO contract as well as the 2007 projects identified in Table 1. The additional allocation of $476,061 will provide the balance of funding to the Regional component of the total 2007 cost sharing. 3 CSD 169 -200.7 PWA 165 -2007, October 31, 2007 Funding is available in Project ZSW9407 Improvements to Garner Road Lagoon. The Gamer Road Pump Station and forcemain project, the purpose of which was to direct centrate and supernatant from the biosolids storage facility to a WWTP, is under review. The project can not proceed this year as recent toxicity testing, carried out in consideration of future CCME regulatory requirements, indicates further study is required due to ammonia loadings. Any changes to the project scope and required budget allocations will be considered in future budgets. BACKGROUND The Niagara Water Strategy is a Regional initiative designed to protect, restore and manage water resources across the Niagara Watershed. This multi jurisdictional framework guides stakeholders on how best to manage human activities affecting our vulnerable and finite ground and surface water resources. The CSO Management Action Plan is a product of the Niagara Water Strategy, developed after extensive involvement of local area municipal staff, the Public Works Officials and the Water Strategy Implementation Committee. Combined sewer overflows (CSOs) are major point source contributors of contaminants to receiving water bodies from urban areas in the Niagara watershed. Due to their significant contribution to environmental contamination and major implications to public health and recreational uses, Council recognized the need to address the serious consequences of such discharges as a Regional priority. Council's approval of the 2007 CSO Management Action Plan represents the first step in a 15 -year program to achieve significant CSO reduction targets in the Niagara watershed. The CSO Management Action Plan recognizes the need for a more coordinated approach to CSO Management. The approach adopts a broad CSO definition that includes all sewage discharges from sanitary sewers, whether or not they are traditional combined sewers, and promotes the implementation of "best solutions in addition to supporting engineered solutions, the CSO Management Action Plan includes funding for a range of complementary activities such as extraneous flow reduction, pollution control study updates, permanent flow monitor installations, inspection and maintenance, public awareness programs and development of CSO control bylaws. The CSO Management Action Plan involves a 50/50 cost sharing arrangement for all CSO control undertaken by the Region and the Area Municipalities, up to an annual budget limit of $6.6 million. PWA 76 -2007 presented a priority list of CSO projects across the watershed. This list was based on a methodology developed for the U.S. Environmental Protection Agency for such initiatives, updated by information from Area Municipalities and the Region's Master Servicing Plan. All Area Municipal funding applications submitted for consideration under the CSO Management Action Plan were evaluated in the context of this priority list. 4 ti REPORT CSD 169 -2007 PWA 165 -2007 October 31, 2007 Following Council's direction, in June 2007 information packages were forwarded to Area Municipalities outlining details of the CSO Management Action Plan. Information packages contained program details. A cost- sharing application and qualification criteria developed for Regional review of Area Municipal funding submissions were also included. A copy of the partnership funding application is appended to this report as Appendix 1. In order to address the most critical CSO priorities first and ensure full consideration of Area Municipal funding submissions, the following criteria were carefully considered as key factors in the application review process: Standing or pending orders by the Ministry of the Environment for Area Municipal compliance Confirmation of Area Municipal Council commitments to the proposed project (Le. a Council resolution and confirmed budget allocation) Confirmation of proposed project priority (as set out in the "CSO Study Implementation Plan Appendix 2 and reported in PWA 76-2007) Prior funding Third party funding (e.g. federal/provincial) Rationale for the priority given by Area Municipalities to a proposed project (vis -a -vis a higher priorities established for other CSO reduction .projects in the same Area Municipality) as set out in the "Evaluation and Audit of Sanitary Combined Sewer Overflows (2006) Detailed description of the proposed project, including accredited cost estimates Proposed implementation schedule New information introduced by updated pollution control studies. Project contribution to achieving Niagara Water Strategy goals and objections. In addition to the application format, screening and evaluation criteria were used to objectively assess each Area Municipal application. A description of the criteria and weighting employed in the assessment are included in Appendix 2. CSO Management Action Plan Application Submissions Funding applications were received from six Area Municipalities, representing 17 CSO projects. Details on these submissions are provided in Appendix 4 and a brief summary is presented in Table 2 below. it should be noted that in some cases Area Municipalities are obtaining third party funding or may already have commitment of contribution from the Region. Therefore, not all requests represent a 50% cost sharing requirement of the Region. 5 l,��v ''2 Vli.liz r 7 'r Y :iSi: ti J _y s 3. J j r -,t t t,.Y..p :r•,.. :,t, ib yy.�r�F .uiY .7•' •:::f A/ k' si. :J'N >�rd"L y .G��.>... s <:v +,7T u. *r .a .:A�:: L .wr'+ lci •'F•.�:: .t'� Q .�1 •eUliq'sN F:'• :ill. ,.,k:•. +P I i''"•"'J a ZJ "p• •:"f »"�•x'{'.�'i:: h L 4 r v ,j•i'.'. �Y S yr: :•G ..•.='3.;. /�.i. :•:?t i. v "'n3•). J rr.. �a.;,:,!' �t /'A r,4 .�Q :dn ,r• S.. ,'f7« �•t:8 r`� ?'!7� g 0 9 .!.t. i J; 6' t -rr.ir o-lrt ^'!F- .Ci :r u y :at•, c: :cr :y. r. .s:�'.!3`, ftai• .,.c -.r "M1 .ctC V <i. •„L s '�i'? 1 1 4. j :J'•i v G x 7 ?i Y f �in :r iv ^f 3,a t i t C .�,i,!• t 7� t .'v.. >,r. r. �Trt :c ),ac :�i >•t %t .k ""r. y s R•::. fi r -v y .t, s i �n.(iif r 'Y 4. :C .sr. i? :�i7'•�; w• �5. Y' ^i� 1 sLros Aiwa lt yr 31 1. Valley Way and Houk Overflow Niagara Falls $12,500 2. Kalar Road Weeping Tile Disconnection Program Niagara Fails g $2,250,000 3. Arena West Source Control Study Port Colborne $1,000,000 4. Broadway Area I &I Reduction Program Welland $250,000 5. NUSA Extraneous Flow Study NOTL $183,500 6. River Lane improvements Niagara Falls $65,000 7. Chrysler /Park HRT Niagara Falls $7,500 8. Welland /Ontario Sewage Storage St.. Catharines $2,575,000 9. CSS Relief Structures Thorold $1,868,320 10. Guy Road Storage Tank St. Catharines $211,100 11.OAW CSO Reduction East Wartime Welland $12,500 12. OAW'CSO Reduction Lyons Ave. :..Jelland $100,000 13. OAW CSO Reduction Ontario Rd. Welland $325,000 14.Bridge Park Streets Sewer Separation Niagara Falls $1,925,000 15. Lockview CSO Tank St. Catharines $1,366,641 16. Drummond Road Murray to Lundy's Lane Niagara Fails g $410,000 17. Dunn Drummond Overflow Removal Niagara Falls $17,500 $12,579,561 Table 2 Summary of Area Municipal CSO Projects CSD 169 2007 PWA 165 -2001 October 31, 2007 The net cost of all qualifying projects received to date, over a seven year implementation period, is $12,579,561, 'representing a gross cost of approximately $35 million. The seven year cash flow estimate associated with these projects is presented in Table 3 below. Table 3 Total Eligible Funding Cost for Proposed CSO Management Action Plan Projects $6,476,061 $3,441,500 $701,000 $636,000 $575,000 $375,000 $37,000 $12,579,561 6 Next Steps Subject to Council's approval, Public Works staff will advise Area Municipalities of the CSO budget allocation approvals for 2007 projects and the 2008 project funding priority list, which is contingent upon 2008 capital budget approval (Table 1). Participating Area municipalities will be required to enter into cost sharing agreements with the Region. Terms and conditions of funding agreements under which funding will be offered to successful applicants will be incorporated into these agreements. A general outline of terms and conditions is provided in Appendix 3. Submitted by: K: e. J. Brother P. Eng. Com issioner of Public Works John Bergsma Commissioner of Corporate Services Attach. Appendix 1 to 4 7 Approved by: Mike Trojan Chief Administrativ CSD 169 -2007 PWA 165 -2007 October 31, 2007 fficer This report was prepared by Bob Steele, MA, MCP, RPP, Environmental Coordinator with contributions by Danielle Anders, M. Sc., P. Eng., Project Manager, Peter Baker, P. Eng., Associate Director, Betty Matthews Malone, P. Eng., Director, Water and Wastewater Services Division, Michael Roach, Manager Public Works Financial Services Introduction Appendix 1 Niagara Water Strategy: CSO Management Action Plan Partnership Funding Application The Niagara Water Strategy (NWS) was released in 2003, the result of a 14 -month multi- stakeholder consultation effort. The intent of the Strategy is to work towards a common goal of protection, restoration and management of water resources across the Niagara Watershed. The Combined Sewer Overflows (CSO) Management Action Plan was a product of the Niagara Water Strategy and developed after extensive involvement of the Water Strategy Implementation Committee and reviewed by the Public Works Officials. Combined sewer overflows are one of the highest point source contributors of contaminants to receiving water bodies from. urban areas in the Niagara Watershed. Due to their significant contribution to environmental contamination and major implications to public health and recreational uses, Regional Council recognized the need to address the serious consequences of such discharges as a priority, The approval of the CSO Management Action Program represents the first step in a 15-year program to achieve significant CSO reduction targets in the Niagara watershed. The CSO Management Action Plan recognizes the need for a more coordinated approach to CSO Management. The approach adopts a broad CSO defuution that includes all sewage discharges from sanitary sewers and promotes the implementation of "best solutions." In addition to supporting engineered solutions, the CSO Management Action Plan includes funding for a range of activities such as extraneous flow reduction, pollution control study updates, permanent flow monitor installations, inspection and maintenance, public awareness programs and development of CSO control bylaws. During the development phase of the CSO Management Action Plan, the Public Works Officials (PWO) concluded that a 100% Regional funding program would place a heavy burden on the Region and would require significant changes to the ownership and responsibility for the wastewater in Niagara. Consequently, the PWO agreed that the "50 -50 sharing of the cost of all CSO control works by the Region and Area Municipalities, regardless of location, would facilitate joint stewardship and responsibility. This recommendation was adopted by Regional Council in April 2007. Niagara Water Strategy: CSO Management Action Plan Partnership Funding Application Al =1 Application (Expand the fields as required) Section 1: Local Municipal Applicant Niagara Oil Project Name: Submitted by: Municipality /Agency: Department: Project Manager/Lead Contact: Section 2: Project Information 1. Please provide a description of the proposed project, including cost estimates. (Attach supporting documentation with this application form) 2. Is your project subject to standing or pending orders by the Ministry of the Environment for Area Municipal compliance? 3. Please confirm your Municipal Council's commitment to the proposed project (i.e. a Council resolution and confirmed budget allocation). Please attach the appropriate resolution or budget confirmation. 4. Do you have prior budget funding for the proposed project? Niagara Water Strategy: CSO Management Action Plan Partnership Funding Application A1-2 5. Please identify any third party funding (e.g. federal/provincial) relevant to the proposed project. 6. Please confirm the priority of your proposed Municipal project (identified in Appendix 2 of the CSO Management Action Plan). 7. Is the proposed project your Municipality's highest priority for CSO partnering under this cost sharing program? 8. Please provide your rationale for selecting this project, particularly as it relates to the priority list set out in Attachment 2 of the CSO Management Plan. 9. Please provide a proposed implementation schedule for your proposed project. Niagara Water Strategy: CSO Management Action Plan Partnership Funding Application A1-3 10. Has any new information been introduced by updated pollution control studies or other sources to support this partnership funding application? 11. What contribution would your proposed project make toward achieving the goals and objectives of the Niagara Water Strategy? Please forward all completed electronic/hardcopy applications and inquiries to: Bob Steele Environmental Coordinator Regional Municipality of Niagara Public Works Dept. Water Wastewater Services Division, Environmental Centre 3501 St. David's Road PO Box 1042,1horold, ON, L2V 417 Phone: 905- 685 -1571 ext. 3745 bob.steele a@xegion€al.niagara.on.ca Niagara Water Strategy: CSO Management Action Plan Partnership Funding Application a s Region Al -4 V.: .4: FAM1 1. Budget Approved by Municipality? This demonstrates commitment by the applicant Municipality. Funding will only be provided if there is an approved budget by the Area Municipality 2. Has the Project been completed? The Region's CSO Funding Program is intended to fund ongoing and new projects. It is not intended to retroactively fund projects or phases of projects already completed. 3. Is the project a CSO Study (including flow monitoring) or for Extraneous Flow Reduction? These are high priority CSO Projects that would receive funding from the Region V.: .4: FAM1 v 0 lit;g. W PM& le.',.?;. V,41,1 *.sa, -4... rt:' .4 1. Project Rank on CSO MAP 65% The rank is the most im criterion as it already takes the following into account: CSO impacts MOE orders Basement flooding Third party funding Whether or not the project is ongoing 2. Is thefroject EA/Feasibility in Progress or Complete? 10% Criteria 2 to 5 are intended to encourage the progress of projects by awarding points for each phase. Criterion 2 is given a higher weight than Criteria 3 and 4 to recognize that completion of the EA represents a major milestone that would allow the project to proceed. 3. Is the Project Predesign in Progress or Complete? 5% Criteria 2 to 5 are intended to encourage the progress of projects by awarding points for each phase. 4. Is the Project Detailed Design in Progress or Complete? 5% Criteria 2 to 5 are intended to encourage the progress of projects by awarding points for each phase. S. Is Construction about to begin or in progress? 10% Criteria 2 to 5 are intended to encourage the progress of projects by awarding points for each phase. Criterion 5 is given a higher weight than Criteria 3 and 4 to recognize the importance of having the new works in operation 6. Is there a Third Farb (e.g. MOE, Funding Agency) Project completion deadline? 5% This recognizes any deadlines attributed to MOE orders or third party ftmding. Table 1: Screening Criteria Rationale Table 2: Evaluation Criteria Rationale Appendix 2 Niagara Region Niagara Water Strategy: CSO Management Action Plan Partnership Fu.nding Process 4�.t":+e' ?•ti}�'�•:'• :T S "xaY i j' Hi t[ y :E ,•i?,�; i ia. M• 2� a T, :'.f' r .�a§ 'a i F 4.n.�'a _r RFv h wr, iV y Fr rS'...� c: '�v?:�n ix .i! 1. /0 i.: r fS.1•^ a 8 .�`s -e<fr� Li* f /y �y Y S "7:' =..L r' ':Lf' gyp Cm c., >W,i .•%q:VI" r 3 x R '•f -'P :s::•.. 1- 'i 'i 3- :A 'w* .k- d;. ;r:•; ry n rty 4a :v: 'r �u' t t M J' 2 y a 4 ~j.&w i :�s•�r "4Y:•.••i•i "t�•S �'�..5ia YTiX• s! :n iAh•::'e y q •:ry 5< .t ^yh i ,•Sy 3 7 e r r.T, a 9 SKr tir... it`F tt;s: !1• ;r Sr r: p •tn.•,- i r.'Y ,•"e'E.: y a s 7 .,,t. J�'t 4. ?r c �e r 'Y+� S'' >r 1,,Y, f g .k. a•�. ,,,•�t5' a _g Sx" .3y k'_i�`'.;�r x• Mn: r�¢•�. :L.H,.. X r. v i,_• +•rt:,•„ `�r r:tt:•: .:xY 4:; P• d'k,¢: 9 Hv,a k`.., 5�,�+,:, .t. d, vE:'..- ..•�3! 4�r�..:.a..Tr{ a•1! 't.a -z.. ;C_. ••r Li '.q ^�J� r r3.. r 0.• r,.�:e iaais.�v^�"J }y'"V'G.�:. ia''. ;4.�.. F ,�1•_.:...er: r�;��asn, -7, 4 h: �e}.L�'+. .�i•. �i sh y z.,•; i.(i�" Y w•� rA .h. C�': 'y$ J,i!.. p nv +�k. ..al3::i :i :.J._: t' •IH C Z �a 7 Y ..;u :'N.- i:T1 t a Y 4 p i 'V' s eer.y j �i: y ua. .s��4:i�:- '.`,�1:?nny.:r�eva..e at.•,�r'• •G• ri_::i-'n ?ri•�rTS_. .7:.>S/uY:;4f2'•y s 7 }.a;_i� �°.T Ef'(�:�'[([ �•i i• �`':1.`�- F �'�V.<C. 't���� �:�i��'�•' t r i ;n_.�: V..•c.�"2A:aiY:a °t,•'ev :�'%?'�u'a-h.i c'a?3.+3"sffi��.'. =d r.. ti tiTR.°.f N. J. uLS .Y Amount of Funding —The Region's 50% funding shall be net of any third party funding approved for the project. Payment of the 50% funding to the Area Municipality shalt be based on actual expenditures incurred up to the maximum amount approved by Regional Council based on the budget submitted with the application Regional Representation A Regional staff member will participate on the project team. Responsibilities may range from being a participant on the project team to undertaking overall project management. This would be decided on a project specific basis with the respective Area Municipal staff. Expiry of Funding Funding of a project by the Region will expire if the project does not begin within one (1) year of the date of funding approval by Regional Council. Also, if an Area Municipality decides not to proceed with a project, the Region may immediately revoke funding. The Region may also withdraw funding for future phases if a project does not proceed on a continuous basis toward completion. =:.t. Eligible Costs Funding will not be available for projects or phases of projects that have previously been completed. The funding provided must only. be applied to direct: .costs (such as third •party costs incurred on the project). In The Region, or its directors, officers, employees, agents or consultants wiIk. not be held liable as a result of providing funding f o r any p r o j e c t .r::; Regional Recognition The Area Municipality is to ensure that the Region is to be acknowledge in all advertising and publicity related to the project for which funding was provided; and Ownership of Assets The Region's funding shall not imply any transfer of ownership from the Area Municipality of the assets involved in projects. However, the Area Municipality and the Region may agree, on a case by case basis, to have ownership rest with either the Region or the Area Municipality depending on the unique circumstances of the project. These terms and conditions are more specifically described in the attached funding process. A letter formalizing the funding in accordance with the Region's CSO Funding Policy (including the funding Process will be issued to the Area Municipality for signature and used as the agreement to the terms and conditions of the funding. Funding will be provided to Area Municipalities for 50 percent of CSO- related project costs on a project-specific basis. _Appendix 3 Terms and Conditions of Funding Agreements PWA XX -2007 October XX, 2007 1 A3 -1 tloz 0$ 000'9LES •0$ 0$ o$ o$ o$ 0$ Ot zI.o 0$ oOo'SLE$ 0$ 0$ O$ 0$ 0$ 0$ 0$ a 4 6604 o$ 000'9LEs miens of os as os o$ a 9484 2 a$ i 0$ Ooo'9L$$ 000'9LE$ Oo0'DOZ$ 000'01z$ o$ o$ 000'1.9$ 0001.9$ 0$ 000'09$ 0$ OS at a o$ O$ 8 soot w 0 1100Z oo9'z.$ Ooo'9LEs oo0'OOYS ooa'oSz$ 009 of O09 o$ 0$ 0 1 LOOZ 0$ 0$ 0$ 0$ 0$ O$ 0$ O00'9L9'z$ Oz$'9981$ uol8aa Rq poaueuid Alsnoln•ad Su l waylay IeJ.Ped lelau 000'094 U 2 000'99 009' 0 A Au I tReg wow' 0 000'9L9% Regional Municipality of Niagara CSO Management Action Plan Partnership Funding Process CSO MAP Evaluation of projects submitted for funding which are not currently on the CSO MAP priority list Ranking Crieria (As outlined in a report from DFA Infrastructure International Inc. on the Evaluation and Audit of Sanitary Combined Sewers) P -1 Project with the potential to reduce a CSO P -2 Projects already in progress P -3 Funding P-4 Projects with a directive or order from an authority to be remediated. P -5 Basement Flooding Funding should have increased priority, as it should be utilized. In most cases there are time constraints associated 250 with the funding. The number and type of CSO which links to a project CSO control measure already being underaken in Niagara CSO control measure projects which have third party funding. Funding found outside of the Municipality. CSO related projects that are to be carried out due to an order from an authority such as MOE. Projects dealing with areas with basement flooding issues. The more a CSO(s) being addressed in a project Varies (Ind. CSO should be given a higher Scores) priority. These projects are already underway. They should be complete as scheduled before other projects commence and 100 take high priority. These projects have a high priority as the authority feels that the CSO's involved in the project are having a significant impact and need to be dealt with 250 immediately. There is a significant concern to the threat to human health with sewage entering residential and/or commercial and industrial buildings during wet 100 weather conditions. Niagara��`f Region December 12, 2007 Mr. Geoff Holman City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Sir: CSO Funding Management Action Plan Our File No. F.13 J Municipal Works Scanned File PUBLIC WORKS Water Wastewater Services 3501 Schmon Parkway, P.O. Box 1042 Thorold ON L2V 4T7 Tel: 905- 685 -1571 TTY: 905- 984 -3613 Toll -free: 1- 800 -263 -7215 Fax: 905 685 -5205 www.regional. niagara.on.ca Thank you for your 2007 application(s) for CSO Funding under the CSO Management Action Plan (MAP). Regional Council has approved the allocation of $6,476,061 for Area Municipal projects for 2007. Each receiving Area Municipality is required to enter into a Partnership Funding Agreement with the Region of Niagara as per the attached Terms and Conditions of Funding Agreements. We would like to highlight a few important conditions: Regional Representation A Regional staff member will participate on the project team. The amount of involvement and responsibilities would be decided on a project specific basis with the respective Area Municipal staff. At a minimum, the Region should receive copies of all data, drawings and computer modelling pertaining to the project in order to maintain our own files. Rgional Recognition The Area Municipality is to ensure that the Region is to be acknowledged in all advertising and publicity to the project for which funding was provided. Ownership of Assets The Region's funding shall not imply any transfer of ownership from the Area Municipality of the assets involved in the project. If the project is less than six months in duration, one invoice should be prepared at completion. For projects longer than six months, invoicing should be done quarterly and one at completion. Final invoicing must be done within two months of substantial performance and /or project completion. The Region will not make any payments for work undertaken in addition to the original scope of work unless the Area Municipality obtains the Region's agreement prior to Building Community. Building Lives. changing the scope of work. All project costs are subject to audit. Please send all reports and invoices to my attention at the address above. Please fmd attached a Funding Agreement letter. Please review it and return the signed agreement to me as soon as possible. If you have any questions or concerns please feel free to contact me. Yours truly, ee _e c,� OLeAA Danielle Anders, M. A. Sc. P.Eng. Project Manager, Public Works Water Wastewater Services Division Phone: 905 685 -4225 ext. 3205 danielle.anders@a regional.niagara.on.ca DA/lr Attachment L:\ENVIRONMENTAL CENTREIENGINEERINGT.13 SUBSIDY CLAIMSICSO MANAGEMENT COST SHARING107 12 12 lt-G Holman City of Niagara Falls.doc 2 Mr. Geoff Holman City of Niagara Falls December 12, 2007 Niagara/11FR Region December 12, 2007 Mr. Geoff Holman City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Geoff: CSO Funding Management Action Plan Our File No. F.13 PUBLIC WORKS Water Wastewater Services 3501 Schmon Parkway, P.O. Box 1042 Thorold ON UV 417 Tel: 905 -685 -1571 TTY: 905 984 -3613 Toll-free: 1- 800 -263 -7215 Fax: 905 685 -5205 www.regional.niagara.on.ca We wish to notify you of your successful application(s) for CSO Funding in 2007 under the CSO Management Action Plan. Please thoroughly review the appended Terms and Conditions of Funding Agreements which describes the terms and conditions under which funding is offered to the successful applicants. By executing and delivering the copy of this letter enclosed for that purpose, you are agreeing to the Terms and Conditions of Funding Agreements. Once the signed agreement has been received, we will contact you to discuss each project further. Please note this agreement is only for the 2007 approved funding applications. Any applications made for 2008 will be addressed early in the fourth quarter, once the 2008 Regional Capital Budget is approved. If you have any questions or concerns please feel free to contact me. Yours truly, "Jac/ tuiLe a 4 t te/L-Y Danielle Anders, M.A.Sc., P.Eng. Project Manager, Public Works Water Wastewater Services Division Phone: 905- 685 -4225 ext. 3205 danielle .anders@regional.nagara.on.ca DA/ir Attachment Building Community. Building Lives. City of Niagara Falls Per: Name: Title: Acknowledged and agreed to this day of 20_ The Regional Municipality of Niagara Per: Name: Title: Mr. Geoff Flolman City of Niagara Falls December 12, 2007 L:\ENVIRONMENTAL CENTRE IENGINEERING11 SUBSIDY CLAIMS\CSO MANAGEMENT COST SHARING\1etters\07 1212 Acknowledgement -G Holman.doc The terms and conditions under which funding will be offered to the successful applications include the following: Amount of Funding The Region's 50% funding shall be net of any third party funding approved for the project. Payment of the 50% funding to the Area Municipality shall be based on actual expenditures incurred up to the maximum amount approved by Regional Council based on the budget submitted with the application Regional Representation A Regional staff member will participate on the project team. Responsibilities may range from being a participant on the project team to undertaking overall project management. This would be decided on a project specific basis with the respective Area Municipal staff. Expiry of Funding Funding of a project by the Region will expire if the project does not begin within one (1) year of the date of funding approval by Regional Council. Also, if an Area Municipality decides not to proceed with a project, the Region may immediately revoke funding. The Region may also withdraw funding for future phases if a project does not proceed on a continuous basis toward completion. Eligible Costs Funding will not be available for projects or phases of projects that have previously been completed. The funding provided must only be applied to direct costs (such as third party costs incurred on the project). Indemnity— The Region, or its directors, officers, employees, agents or consultants will not be held liable as a result of providing funding for any project. Regional Recognition The Area Municipality is to ensure that the Region is to be acknowledge in all advertising and publicity related to the project for which funding was provided; and Ownership of Assets— The Region's funding shall not imply any transfer of ownership from the Area Municipality of the assets involved in projects. However, the Area Municipality and the Region may agree, on a case by case basis, to have ownership rest with either the Region or the Area Municipality depending on the unique circumstances of the project. These terms and conditions are more specifically described in the attached funding process. A letter formalizing the funding in accordance with the Region's CSO Funding Policy (including the funding Process will be issued to the Area Municipality for signature and used as the agreement to the terms and conditions of the funding. Funding will be provided to Area Municipalities for 50 percent of CSO- related project costs on a project specific basis. Terms and Conditions of Funding Agreements 1 January 28, 2008 Niagaraa11s His Worship Mayor Ted Salci CANADA and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2008- 01 M. F. Ker Park Agreement RECOMMENDATION: 1. That the City of Niagara Falls enter into a renewal license agreement with Her Majesty the Queen in Right of Ontario for the hydro property adjoining M.F. Ker Park commencing January 1, 2008, and ending December 31, 2013. 2. That the Mayor and Clerk be authorized to sign the agreement. BACKGROUND: The City entered into a license agreement with the Ontario Realty Corporation acting as agent on behalf of Her Majesty the Queen in Right of Ontario, as represented by The Minister of Public Infrastructure Renewal for the purpose of vehicle parking and recreational uses at the M.F. Ker Park. The agreement covers a total of 2.870 acres at a cost of $7,980 annual Licence Fee. The M.F. Ker Park is a popular city -wide park utilized primarily for slo -pitch and soccer with additional amenities such as tennis courts, concession and change rooms. The leased lands supplement two parking Tots, allowing for approximately 150 additional parking spaces. The two City parking lots provide parking for approximately 20 vehicles at the Sinnicks Avenue entrance and 35 vehicles at the Swayze entrance. The new term for the M.F. Ker Park Agreement commenced on January 1, 2008 and will terminate on December 31, 2013. Recommended by: Approved by: Respectfully submitt 4310 Queen Stree P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca S:1Council\Co pa Denys Morrissey, ir for of Parks, Recreation Culture Ed Dujlovic, Exe tive Director of Community Services Joh acDonald, Chief Administrative Office 2008 -01 -Ker, rk Lease Agreement.wpd Working Together to Serve Our Community r R- 2008 -01 Community Services Department Parks, Recreation Culture BETWEEN: RECITALS: LICENCE OF LAND ONTARIO REALTY CORPORATION acting as agent on behalf of HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL (hereinafter called the "Licensor -and THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter called the "Licensee A. Her Majesty the Queen in right of Ontario is the owner in fee simple of certain lands located in the City of Niagara Falls, Regional Municipality of Niagara described as Part of Lot 56 and Part of Lots 9 and 10 on Plan 194, (former Township of Stamford) (designated as the parking area as shown outlined in yellow on the attached Schedule "A comprising approximately 2.237 acres), and Part 2, Plan 59R1568 (designated as a recreational area as shown in brown on the attached Schedule "A comprising approximately 0.633 acre), (hereinafter referred to as the "Lands B. The Licensee acknowledges that the fee simple interest in the Lands was transferred to Her Majesty the Queen in right of Ontario pursuant to section 114.2(1) of the Electricity Act, 1998, S.O. 1998, c.15, Sched. A, as amended (the "Act and that pursuant to section 114.5(1) of the Act, Hydro One Networks Inc., being a subsidiary of Hydro One Inc., has the right to use the Lands to operate a Transmission System or Distribution System. C. Her Majesty the Queen in right of Ontario confirms that an authorized signing officer of Ontario Realty Corporation "ORC has the authority to execute this Licence on behalf of Her Majesty the Queen in right of Ontario, and Her Majesty the Queen in right of Ontario and ORC are and shall be bound by all the Licensor's covenants, representations and warranties as provided herein. D. The Licensee has offered to purchase for consideration a Licence to use the Lands, together with all existing facilities of ingress and egress for the Lands, for the purpose of parking of roadworthy passenger vehicles and recreational use only, (hereinafter the "Use IN CONSIDERATION of the mutual covenants hereinafter set forth and other good and valuable consideration, the Licensor and Licensee hereto agree as follows: Definitions: Niagara Falls 632.1 -537 2 As used in this Licence, the following terms shall have the following meanings: (a) "Authority" means any governmental authority, quasi governmental authority, agency, body or department whether federal, provincial or municipal, having jurisdiction over the Lands, or the use thereof. (b) "Business Day" means any day on which the Government of Ontario normally conducts business. (c) "Distribution System" shall have the same meaning as defined in the Act and for the purpose of this Licence includes any part of a Distribution System located on the Lands. (d) "Environmental Contaminant" means (i) any substance which, when it exists in a building or the water supplied to or in a building, or when it is released into a building or any part thereof, or into the water or the natural environment, is likely to cause, at any time, material harm or degradation to a building or any part thereof, or to the natural environmental or material risk to human health, and includes, without limitation, any flammables, explosives, radioactive materials, asbestos, lead paint, PCBs, fungal contaminants (including stachybotrys chartarum and other moulds), mercury and its compounds, dioxans and furans, chlordane (DDT), polychlorinated biphenyls, chlorofluorocarbons (CFCs),hydro- chlorofluorocarbons (HCFCs), volatile organic compounds (VOCs), urea formaldehyde foam insulation, radon gas, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic or noxious substances or related materials, petroleum and petroleum products, or (ii) any substance declared to be hazardous or toxic under any environmental laws now or hereafter enacted or promulgated by any Authority, or (iii) both (i) and (ii). (e) "Licensee" includes the successors and permitted assigns of the Licensee. (f) "Licensor" includes Her Majesty the Queen in right of Ontario, Ontario Realty Corporation and the successors and permitted assigns of the Licensor. (g) Permittee" means any existing or contemplated tenant, subtenant, invitee, licensee, permittee, mortgagee, grantee, security holder or other person including any competent authority. (h) "Transmission System" shall have the same meaning as defined in the Act and for the purpose of this Licence includes any part of a Transmission System located on the Lands. Grant of Licence, Term and Fees 2. The Licensor hereby grants permission to the Licensee, on a non exclusive basis, to use the Lands together with all facilities of ingress and egress for the purpose of the Use for a term of 5 (five) years commencing on the 1st day of January, 2008 (the "Tenn"), and subject to the terms and conditions set out in this Licence and which the Licensee hereby accepts and agrees to perform and abide by. 3. For the permission granted herein, the Licensee shall pay to the Licensor a Licence Fee in the sum of Seven Thousand Nine Hundred and Eighty dollars ($7,980.00) plus GST payable annually in advance on the first day of January each and every year during the first 5 year period of the said Term and an amount to be determined by the Licensor at or before the commencement of any subsequent period. 4. (a) The Licensee shall pay to the Licensor within thirty (30) days of written demand, in addition to any other monies payable hereunder during the term of this Licence or any extension thereof, an amount equal to seventy -five percent (75 of the amount which the Licensor, in its sole and absolute discretion, but acting reasonably, determines represents the reasonable allocation or assessment of 3 annual realty taxes or grants and/or payments in lieu thereof applicable to the Lands as owned by the Licensor and used by the Licensee pursuant to this Licence for the purposes stated herein. (b) The Licensee shall also pay to the Licensor within thirty (30) days of written demand, in addition to any other monies payable hereunder during the Term of this Licence or any extension thereof, any additional taxes, grants, rates, fees or other assessments or payments in lieu thereof that the Licensor, in its sole and absolute discretion, but acting reasonably, determines represents the reasonable allocation or assessment of such charges or levies applicable to the Lands as owned by the Licensor and used by the Licensee pursuant to this Licence for the purposes stated herein and attributable to the Use. 5. The Licensee agrees that at the Licensor's option, the method of payment for the Licence Fee shall be by Pre Authorized Debit Payment directly to the Licensor's bank account as specified from time to time, and further the Licensee shall provide, in addition to this agreement, a duly executed Payor's Authorization for Pre- Authorized Debit form containing all required information to initiate this method of payment for the Tenn of this Licence and any renewals thereof. 6. The Licensee shall pay GST on any and all payments, if required by law. 7. If the Licensee overholds after the expiration of the Term of this Licence and the Licensor thereafter accepts the Licence Fee for the said period of overholding, the Licensee shall hold the Lands as a monthly tenant only, at a rate equal to 125% of the Licence Fee payable during the last month (or last year whichever is applicable) of the Term but subject in all other respects to the terms and conditions of this Licence and the Licence shall be terminable by the Licensor on thirty (30) days prior written notice. Use of Lands 8. The permission granted herein does not confer any rights in regard to any lands and roadways which are not under the Licensor's jurisdiction and control. 9. The Licence is subject to the primary right of Hydro One Networks Inc. to use the Lands to operate a Transmission System or Distribution System pursuant to section 114.5(1) of the Act, to the subsurface easement in favour of Hydro One Telecom Inc. and to all leases, subleases, easements, licences, permits, rights of use or occupation, secondary uses or other rights now existing or hereafter renewed or extended or entered into by the Licensor or Hydro One Networks Inc., and despite anything to the contrary, it is agreed that the Licensor and Hydro One Networks Inc. hereby reserve the unrestricted right in their sole discretion without any claim or compensation to the Licensee, to renew, extend, issue or grant such rights aforesaid on terms and conditions entirely satisfactory to the Licensor or Hydro One Networks Inc. 10. The Licensee acknowledges that no representations or warranties have been made by the Licensor, or anyone acting on its behalf, as to the condition of or title to or the use or zoning of or with respect to any other matter or thing in connection with the Lands or as to the performance of any parts thereof or as to the presence or absence of hazardous substances on the Lands including, without limitation, urea formaldehyde foam insulation and any Environmental Contaminant. The Licensee acknowledges that the Lands are licensed on an "as is, where is" basis and that no representation or warranty is expressed or can be implied as to title, description, fitness for purpose, quantity, condition or quality thereof or in respect of any other thing whatsoever and the Licensee shall complete the Term of this Licence or any extension thereof without abatement of the Licence Fee or any other claim in respect of the Lands or the use thereof. 11. If any part of the Lands is used for surplus parking or parking for motor vehicles which is not intended to satisfy any requirements of the Municipal Zoning By -Law with respect to the Licensee's use of its lands and if at any time during the term of this Licence the parking of motor vehicles becomes coverage parking or parking which is necessary to satisfy any requirement of the Municipal Zoning By -Law, then this Licence will become Niagara Falls 632.1 -537 4 null and void and the use of the Lands will be subject to new documentation and renegotiation of the Licence Fee. Licensee's Covenants 12. The Licensee shall, except in the case of emergency, before commencing any work authorized by this Licence or intended so to be, give to the Licensor 3 consecutive Business Days prior written notice, and in cases of emergency such previous notice as is reasonably possible, and during any construction work, repair and maintenance, the Licensor and/or Hydro One Networks Inc. may have its/their representatives present, for whose time and necessary expenses the Licensee shall pay on presentation of invoices therefor. 13. The Licensee shall comply with all provisions of law, including, without limitation, all federal and provincial legislative enactments, municipal by -laws and any other governmental or municipal by -laws, regulations and orders that relate to the Lands, the Licence or the exercise of any of the rights or obligations in the Licence herein granted. 14. The Licensee shall comply with the design standards of Hydro One Networks Inc., Canada Standards Association Standard C -22.3, the "Safety Rules and Standard Protection Code" of Hydro One Networks Inc., The Occupational Health and Safety Act, R.S.O. 1990 and any amendment thereto and any regulations passed thereunder when using heavy equipment during any construction or maintenance. 15. The Licensee shall not permit on the Lands, at any time during the Term of this Licence or any extension thereof the presence of any Environmental Contaminant, except in strict compliance with all applicable laws of any relevant Authority including, without limitation, environmental land use, occupational health and safety laws, regulations, requirements, permits and by -laws. 16. The Licensee shall not in any way use or trespass on any Licensor's lands adjoining the Lands. 17. The Licensee shall not pile snow on the Lands or any of the lands adjoining the Lands which would result in piles exceeding two metres (6.5 ft.) in height or being closer than eight metres (26.2 ft.) from any of Hydro One Networks Inc.'s Transmission System or Distribution System. In the event of the Licensee acting in breach of this condition, the Licensor may remove any such pile, and the Licensee shall pay to the Licensor forthwith upon demand all costs of the Licensor for the removal of any such pile of snow. 18. The Licensee, at its own expense, shall remove snow and ice from any public walkway abutting or included in the Lands, if such removal is required by any municipal by -law. 19. The Licensee shall grade and resurface the Lands, provide suitable drainage and designate areas within the Lands for access, ingress and egress, all at its own expense, in order to properly maintain and operate the Lands for the Use. 20. The construction or location of all improvements and structures and the grading and planting of trees on the Lands is subject to the prior written approval of the Licensor and Hydro One Networks Inc. 21. In the event the Licensor considers it necessary that fences or barriers be installed or any part or parts of the perimeter of the Lands or around any of the Licensee's installations, the Licensee shall install such fences or barriers at its expense according to the specifications of the Licensor or Hydro One Networks Inc. 22. The Licensee covenants and agrees that the Licensee, its uses, works, installations, equipment, improvements, property and Permittees shall not in any way interfere with, obstruct, delay or cause any damage or inefficiencies to any works of the Licensor or of the Licensor's Permittees, or to the Transmission System or Distribution System of Hydro One Networks Inc. now or hereafter constructed or contemplated on, in or in respect of all or any portion of the Lands from time to time, and without limiting the generality of the foregoing, the Licensee shall ensure that the height of any vehicle, load or other object, including attachments, or people standing thereon near Hydro One Niagara Falls 632.1 -537 5 Networks Inc.'s Transmission System or Distribution System does not exceed 4.115 m (13.5 ft.) above the existing grade. 23. (a) The Licensee shall maintain the Lands and any of the Licensee's installations thereon in a neat and tidy condition satisfactory to the Licensor. (b) Upon termination of this Licence, the Licensee at its own expense shall remove any of its installations and facilities from the Lands and restore the Lands to a condition satisfactory to the Licensor, unless notified in writing by the Licensor to the contrary. If the Licensor provides such written notice to the Licensee, all improvements to the Lands shall become the property of the Licensor without cost. Default 24. If at any time the Licence Fee or any other amount payable hereunder is not paid when due, the Licensor shall provide written notice to the Licensee of such arrears and the Licensee shall have ten (10) consecutive days from the delivery of such notice within which to pay such arrears, failing which the Licensor may terminate this Licence without any further notice. 25. In the event of default in payment of any amount due by the Licensee hereunder, interest shall accrue and be payable on such amount at that rate of interest per annum posted and charged from time to time by the Minister of Finance, compounded monthly until paid. Acceptance of any overdue payment or interest shall not constitute a waiver of any rights or remedies that the Licensor may have hereunder or at law. 26. In the event of default of any of the terms or obligations in this Licence by the Licensee other than payment of any amount due hereunder, the Licensor may provide written notice to the Licensee specifying the default, and if the default is not remedied or if adequate and sufficient measures are not being taken to satisfactorily remedy the same within ten (10) consecutive days of the delivery of the notice, the Licensor may terminate this Licence immediately upon the expiration of the ten (10) day period aforesaid without any further notice. 27. In the event of any default of the Licensee in performing any work, repairs, or other obligations of Licensee under this Licence or making any payments due or claimed due by the Licensee to third parties, the Licensor may perform any such work, repairs, or other obligations of Licensee or make any payments due or claimed to be due by the Licensee to third parties, and without being in breach of any of the Licensor's covenants hereunder and without thereby being deemed to infringe upon any of the Licensee's rights pursuant hereto, and, in such case, the Licensee shall pay to the Licensor forthwith upon demand all amounts paid by the Licensor to third parties in respect of such default and all costs of the Licensor in remedying or attempting to remedy any such default. Right to Enter or Terminate 28. The Licensor reserves the right to inspect the Lands at any time. If in the opinion of the Licensor or Hydro One Networks Inc. the Licensee does anything or permits anything to be done on the Lands or the adjacent lands of the Licensor which may be a nuisance, cause damage, endanger or interfere with access for the Transmission System or Distribution System of Hydro One Networks Inc. or be considered dangerous or offensive by the Licensor or Hydro One Networks Inc. acting reasonably, the Licensor may at the Licensee's expense, forthwith remove, relocate or clear the offending work from the Lands and/or the Licensor's adjacent lands without being liable for any damages caused thereby and the Licensee shall reimburse the Licensor for all expense to the Licensor in so doing or the Licensor may require the Licensee to immediately remove, relocate, clear or cease such activity. 29. The Licensor, Hydro One Networks Inc. and anyone acting pursuant to their authority may at any time upon twenty -four hours' prior written notice to the Licensee or at any time without notice in case of emergency enter on the Lands and inspect, operate, maintain, repair, re- arrange, add to, upgrade, reconstruct, replace, relocate and remove any of the Licensor's works or equipment or the Transmission System or Distribution Niagara Falls 632.1 -537 (b) Niagara Falls 632.1 -537 6 System of Hydro One Networks Inc. and further may construct, add, inspect, maintain, repair, alter, re- arrange, relocate and remove such new works or equipment or new Transmission System or Distribution System as the Licensor or Hydro One Networks Inc. determines necessary or desirable subject only to abatement of the Licence Fee during the period of physical occupation by the Licensor, Hydro One Networks Inc. or any one acting pursuant to their authority for the aforesaid purposes to the extent that possession and enjoyment of the Lands by the Licensee for its business purpose were interfered with or disturbed during such period of occupation. The Licensor and Hydro One Networks Inc. shall not be liable for and are hereby released from all damages, losses, injuries, costs, charges, expenses, suits, proceedings, claims and demands arising in connection with carrying out the work aforesaid, including, without limitation, all claims for damages, indemnification, reimbursement or compensation by reason of loss, interruption or suspension of business or interference or inconvenience howsoever caused or physical damage to the Lands. 30. Despite anything to the contrary in this Licence and without prejudice to the rights of the Licensor hereunder or otherwise, the Licensor shall have the option in its sole discretion at any time(s), to be exercised in each instance by at least ninety (90) days' prior written notice to the Licensee, to terminate this Licence in whole or in part, as the case may be, if (a) the Licensor considers all or any portion(s) of the Lands to be necessary or desirable from time to time for the works of the Licensor or the Licensor's Permittees or the Transmission System or Distribution System of Hydro One Networks Inc.; or (b) the Licensee, its permitted uses, works, installations, equipment, improvements, property and Permittees in any way interfere with, obstruct, limit or impede the right of Hydro One Networks Inc. to use the Lands to operate a Transmission System or Distribution System pursuant to section 114.5(1) of the Act, all without any claim by or compensation for the Licensee including without limitation for any inconvenience, interruption, nuisance, discomfort, relocation or removal costs caused thereby, but subject to an adjustment in the Licence Fee payable hereunder. 31. If the Licensor delivers notice of termination pursuant to clause 30 above, then all or such portion of the Lands suitable for existing or contemplated works of the Licensor or the Licensor's Permittees or for the existing or contemplated Transmission System or Distribution System of Hydro One Networks Inc. shall be deemed deleted from this Licence effective on the date set out in such notice (the "Effective Date and the Licence shall be deemed to have been terminated or amended, as the case may be, in respect of such specific area(s) as of the Effective Date. In the event of delivery of notice of termination aforesaid, the Licensee shall at its sole expense and without claim or compensation of any kind remove or cause its works to be removed from the Lands or such specific area(s) on or before the Effective Date in the manner set out in clause 23 herein. Without prejudice to the rights of the Licensor hereunder, the Licensor will consider any reasonable request from the Licensee to continue beyond the Effective Date the Licensee's use of the Lands for the Use. Indemnity and Release 32. (a) All persons and property at any time on the Lands shall be at the sole risk of the Licensee, and neither the Licensor nor Hydro One Networks Inc. shall be liable for any loss, damage, or injury, including loss of life, to them or it however occurring and the Licensee releases both the Licensor and Hydro One Networks Inc. from all claims and demands in respect of any such loss, damage or injury. The Licensee shall assume all liability and obligation for any and all loss, damage, or injury (including death) to persons or property that would not have happened but for this Licence or anything done or maintained by the Licensee thereunder or intended so to be, and the Licensee shall at all times indemnify and save harmless the Licensor and its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, appointees and all others for whom the Licensor is responsible in law and Hydro One Networks Inc. and its affiliates and their respective successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, appointees and all others for whom Hydro One Networks Inc. is responsible in law from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, 7 damages, expenses, claims, or demands arising therefrom or connected therewith. The Licensee expressly recognizes and acknowledges that Hydro One Networks Inc. has installed and maintained or has the right to install and maintain a Transmission System or Distribution System on the Lands, and willingly assumes any and all risks associated with its proposed activities in such close proximity to such systems. Notwithstanding the above, the Licensee shall not be liable hereunder for any loss, damage or injury arising from the gross negligence of the Licensor or Hydro One Networks Inc. (c) The Licensee shall at its own expense, arrange and maintain a liability insurance policy satisfactory to the Licensor in the minimum amount of Five Million ($5,000,000.00) dollars in order to indemnify the Licensor and Hydro One Networks Inc. as provided herein. The Licensee shall pay any and all deductibles with respect to any claim arising thereunder. Such insurance shall (a) name Her Majesty the Queen in right of Ontario, as represented by the Minister of Public Infrastructure Renewal and ORC and Hydro One Networks Inc. as additional insureds, (b) contain a cross liability clause, and (c) specify that it is primary coverage and not contributory with or in excess of any insurance maintained by the Licensor or Hydro One Networks Inc. A certified copy of such policy or satisfactory certificate in lieu thereof shall be delivered to the Licensor prior to the commencement of the Term and any extension thereof. 33. In order to induce the Licensor to grant this Licence and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Licensee on behalf of itself, its successors and assigns, hereby (a) releases and forever discharges the Licensor and Hydro One Networks Inc., and each of their respective successors and assigns, from any and all actions, causes of action, claims and demands for damages, loss or injury, howsoever arising, which heretofore may have been and which may hereafter be sustained by the Licensee, its successors and assigns, in respect or in consequence of the termination of this Licence in whole or in part(s), as the case may be, including all damages above described as well as all damage, loss or injury not now known or anticipated but which may arise in the future and all effects and consequences thereof; agrees not to make any claim or take any proceedings against any other person or corporation who might claim contribution or indemnity under the common law or under the provisions of the Negligence Act and the amendments thereto from the Licensor or Hydro One Networks Inc.; and (c) agrees that the Licensor and Hydro One Networks Inc. may plead this Licence as an estoppel. General (b) Assignment 34. The Licensee shall not assign, transfer, sublease, part with possession or dispose of all or any part of the Lands or this Licence or any privileges or interests hereby granted to it without the prior written consent of the Licensor which may be unreasonably or arbitrarily withheld, failing which the Licensor shall be entitled to terminate this Licence immediately after the occurrence of such breach. 35. This Licence and any information or documents that are provided hereunder may be released pursuant to the provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended, if applicable, respectively. This acknowledgement shall not be construed as a waiver of any right to object to the release of this Agreement or of any information or documents. 36. The failure of any party to exercise any right, power or option or to enforce any remedy or to insist upon the strict compliance with the terms, conditions and covenants under this Licence shall not constitute a waiver of the terms, conditions and covenants herein with respect to that or any other or subsequent breach thereof nor a waiver by that party any Niagara Falls 632.1 -537 8 time thereafter to require strict compliance with all terms, conditions and covenants hereof, including the terms, conditions and covenants with respect to which the party has failed to exercise such right, power or option. Nothing shall be construed or have the effect of a waiver except an instrument in writing signed by a duly authorized officer of the applicable party which expressly waives a right, power or option under this Licence. 37. The Licensee and any of its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, and appointees shall not engage in any activity where such activity creates a conflict of interest, actual or potential, in the sole opinion of the Licensor, with the Licence or the exercise of any of the rights or obligations of the Licensee hereunder. The Licensee shall disclose to the Licensor in writing and without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. For clarification, a "conflict of interest" means, in relation to the performance of its contractual obligations pursuant to this Licence, the Licensee's other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgment; or (ii) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations pursuant to this Licence. 38. Where this Licence requires notice to be delivered by one party to the other, such notice shall be given in writing and delivered either personally, or by pre -paid registered post or by telecopier, by the party wishing to give such notice, or by the solicitor acting for such party, to the other party or to the solicitor acting for the other party at the addresses noted below. In the case of notice to the Licensor, to it in care of Ontario Realty Corporation 11 Floor Ferguson Block, Queen's Park 77 Wellesley Street Toronto, Ontario. M7A 2G3 Attention: Patrick Grace General Manager, Hydro One Service Delivery Telephone: (416) 327 -2959 Telecopier: (416) 327 -3942 and, in the case of notice to the Licensee, to it in care of: The Corporation of the City of Niagara Falls 4310 Queen Street P.O. Box 1023 Niagara Falls, ON, L2E 6X5 Attention: Mr. Ken Beaman City Solicitor Telephone: (905) 356 -7521 x 4242 Telecopier: (905) 371 -2892 39. The provisions of this Licence shall be binding upon and enure to the benefit of the Licensor and the Licensee. 40. No interest in the Lands is being conveyed by the granting of this Licence and the Licensee shall not register the Licence or any notice in respect thereof on title without the prior written consent of the Licensor, which consent may be arbitrarily withheld. 41. This Licence shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontario and the laws of Canada applicable therein and the Parties hereto irrevocably attom to the exclusive jurisdiction of the courts of the Province of Ontario in the event of a dispute hereunder. Niagara Falls 632.1 -537 9 IN WITNESS WHEREOF the parties hereto have executed this Licence. Signed by the Licensee at this day of 2007. [THE CORPORATION OF THE CITY OF NIAGARA FALLS] Per: Name: Position: I have authority to bind the Corporation. Signed by the Licensor at this day of 20 15751.0042/1393652_.3 Niagara Fails 632.1 -537 ONTARIO REALTY CORPORATION acting as agent on behalf of HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL Per: Name: Title: I have authority to bind the Corporation. Parking Licence 632.1-537 Niagara Falls Kerr Park Area of Licence Maintenance Area CD Vehicle Parking 1-1 January 28, 2008 R- 2008 -02 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2008- 02 Don Johnson Park Agreement RECOMMENDATION: Niag ara ails CANADA 1. That the City of Niagara Falls enter into a renewal license agreement with Her Majesty the Queen in Right of Ontario for the Hydro property adjoining the Don Johnson Park commencing July 1, 2007 and ending June 31, 2012. 2. That the Mayor and Clerk be authorized to sign the agreement. BACKGROUND: The City originally entered into a license agreement with the Ontario Realty Corporation acting as agent on behalf of Her Majesty the Queen in Right of Ontario, as represented by The Minister of Public Infrastructure Renewal for the recreational uses of the Don Johnson Park in June, 1982. This agreement consists of 4.663 acres of hydro property utilized to supplement the 2 ball diamond, as well as additional parking spaces adjacent to the Royal Canadian Legion Branch 479 property. The Don Johnson Park is a popular community park utilized primarily for the old timers slo- pitch league. Mr Don Johnson, the park's name sake since 1991, has worked with the City to enhance the park amenities over the years. The new term for the lease agreement for the hydro lands, adjoining the Don Johnson Park, commenced on July 1, 2007, and will terminate on June 31, 2012. 0 Queen Street, RO. Box 1023, Niagara Falis, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture January 28, 2008 Recommended by: Approved by: Respectfully submitted: 2 Denyse Morrissey, D,irector�bf Parks, Recreation Culture S: \Council \Council 20081R- 2008 -02 -Don Johnson Lease Agreement.wpd Ed Dujlovic, Executive Director of Community Services MacDonald, Chief Administrative Officer R- 2008 -02 aae 15/2008 acco Don Johnson Park Licence greement.tif BE 1'WEEN: RECITALS: Definitions LICENCE OF LAND FOR PUBLIC RECREATIONAL PURPOSES ONTARIO REALTY CORPORATION acting as agent on behalf of HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL and CITY OF NIAGARA FALLS [LICENSEE] (hereinafter called the "Licensor (hereinafter called the "Licensee A. Her Majesty the Queen in right of Ontario is the owner in fee simple of certain lands located in the City of Niagara Falls, described as Registered Plan 653, Registered Plan Lot 13, 14, 15, 16, 17, 32, 33, 34, 35, 36, E, approximating 4.663 acres and as shown hatched on the sketch attached hereto as Schedule "A "(hereinafter referred to as the "Lands B. The Licensee acknowledges that the fee simple interest in the Lands was transferred to Her Majesty the Queen in right of Ontario pursuant to section 114.2(1) of the Electricity Act 1998, S.O. 1998, c.15, Sched. A, as amended (the "Act and that pursuant to section 114.5(1) of the Act, Hydro One Networks Inc. has the right to use the Lands to operate a Transmission System or Distribution System. C. Her Majesty the Queen in right of Ontario confines that an authorized signing officer of Ontario Realty Corporation "ORC has the authority to execute this Licence on behalf of Her Majesty the Queen in right of Ontario, and Her Majesty the Queen in right of Ontario and ORC are and shall be bound by all the Licensor's covenants, representations and warranties as provided herein. D. The Licensee has offered to purchase for consideration a Licence to use the Lands for public recreational purposes only. IN CONSIDERATION of the mutual covenants hereinafter set forth and other good and valuable consideration, the Licensor and Licensee hereto agree as follows: 1. As used in this Licence, the following terms shall have the following meanings: (a) "Authority" means any governmental authority, quasi governmental authority, agency, body or department whether federal, provincial or municipal, having jurisdiction over the Lands, or the use thereof. /15/008) bolores Sacco Don Jo nson Park Licence Agreement of (g) (h) (b) 2 "Business Day" means any day on which the Government of Ontario normally conducts business. (c) "Distribution System" shall have the same meaning as defined in the Act and for the purpose of this Licence includes any part of a Distribution System located on the Lands. (d) "Environmental Contaminant" means (i) any substance which, when it exists in a building or the water supplied to or in a building, or when it is released into a building or any part thereof, or into the water or the natural environment, is likely to cause, at any time, material harm or degradation to a building or any part thereof, or to the natural environmental or material risk to human health, and includes, without limitation, any flammables, explosives, radioactive materials, asbestos, lead paint, PCBs, fungal contaminants (including stachybotrys chartarum and other moulds), mercury and its compounds, dioxans and furans, chlordane (DDT), polychlorinated biphenyls, chlorofluorocarbons (CFCs), hydro chlorofluorocarbons (HCFCs), volatile organic compounds (VOCs), urea formaldehyde foam insulation, radon gas, chemicals known to cause cancer or reproductive toxicity, pollutants, contaminants, hazardous wastes, toxic or noxious substances or related materials, petroleum and petroleum products, or (ii) any substance declared to be hazardous or toxic under any environmental laws now or hereafter enacted or promulgated by any Authority, or (iii) both (i) and (ii). (e) "Licensee" includes the successors and permitted assigns of the Licensee. (f) "Licensor" includes Her Majesty the Queen in right of Ontario, Ontario Realty Corporation and the successors and permitted assigns of the Licensor. Permittee" means any existing or contemplated tenant, subtenant, invitee, licensee, permittee, grantee, mortgagee, security holder or other person including any competent authority. "Transmission System" shall have the same meaning as defined in the Act, as amended and for the purpose of this Licence includes any part of a Transmission System located on the Lands. Grant of Licence Term Fee 2. The Licensor hereby grants permission to the Licensee on a non exclusive basis, to use the Lands for recreational purposes only, for a term of 5 years commencing on the 1st day of July, 2007 (hereinafter referred to as the "Term and subject to the terms and conditions set out in this Licence and which the Licensee hereby accepts and agrees to perform and abide by. 3. For the permission granted herein, the Licensee shall pay to the Licensor a fee in the sum of TWO Canadian Dollars ($2.00) and the taxes set out in clause 4 below (the "Fee as good and valuable consideration, which Fee the Licensor acknowledges it has received. 4. The Licensee shall pay to the Licensor within thirty (30) days of written demand, in addition to any other monies payable hereunder during the Term of this Licence or any extension thereof, 50% of all taxes, rates or grants in lieu thereof assessed or levied against the Lands in each and every year during the Term or pay to the Licensor an amount equal to 50% of the amount of the annual taxes, rates or grants in lieu of taxes paid by the Licensor in each and every year of the Term for the Lands. 5. The Licensee shall also pay to the Licensor within thirty (30) days of written demand, in addition to any other monies payable hereunder during the Term of this Licence or any extension thereof, any additional taxes, grants, rates, fees or other assessments or payments in lieu thereof that the Licensor, in its sole and absolute discretion, but acting reasonably, determines represents the reasonable allocation or assessment of such charges or levies applicable to the Lands as owned by the Licensor and used by the Licensee pursuant to this Licence for the purposes stated herein. 6. The Licensee shall pay GST on any and all payments, if required by law. I %1512008 Dolores acco Don Johnson Park Licence Agreement.tif age If the Licensee overholds after the expiration of the Term of this Licence and the Licensor thereafter accepts the Fee for the said period of overholding, the Licensee shall hold the Lands as a monthly tenant only, at a rate equal to 125% of the Fee payable during the last month (or last year whichever is applicable) of the Term but subject in all other respects to the terms and conditions of this Licence and the Licence shall be terminable by the Licensor on thirty (30) days prior written notice. Use of Lands 8. The permission granted herein does not confer any rights in regard to any lands and roadways which are not under the Licensor's jurisdiction and control. 9. (a) The Licence is subject to the primary right of Hydro One Networks Inc. to use the Lands to operate a Transmission System or Distribution System pursuant to section 114.5(1) of the Act, to the subsurface easement in favour of Hydro One Telecom Inc. and to all leases, subleases, easements, licences, permits, rights of use or occupation, secondary uses or other rights now existing or hereafter renewed or extended or entered into by the Licensor or Hydro One Networks Inc., and despite anything to the contrary, it is agreed that the Licensor and Hydro One Networks Inc. hereby reserve the unrestricted right in their sole discretion without any claim or compensation to the Licensee, to renew, extend, issue or grant such rights aforesaid on terms and conditions entirely satisfactory to the Licensor or Hydro One Networks Inc. (b) 3 For the sake of clarity, and in no way limiting anything in clause 9(a), the Licensee explicitly acknowledges and agrees that Hydro One Networks Inc. has first priority to use the Lands for the purposes of transmission and/or distribution and that this Licence is subordinate to that prior and primary right of Hydro One Networks Inc. 10. The Licensee acknowledges that no representations or warranties have been made by the Licensor, or anyone acting on its behalf, as to the condition of or title to or the use or zoning of or with respect to any other matter or thing in connection with the Lands or as to the performance of any parts thereof or as to the presence or absence of hazardous substances on the Lands including, without limitation, urea formaldehyde foam insulation and any Environmental Contaminant. The Licensee acknowledges that the Lands are licensed on an "as is, where is" basis and that no representation or warranty is expressed or can be implied as to title, description, fitness for purpose, quantity, condition or quality thereof or in respect of any other thing whatsoever and the Licensee shall complete the term of this Licence or any extension thereof without abatement of the Licence Fee or any other claim in respect of the Lands or the use thereof. 11. The location and plans of any area or areas for the parking of motor vehicles must have the prior approval of the Licensor in writing and unless otherwise stipulated herein must not exceed 10% of the area of the Lands. Except for the parking of motor vehicles in such designated areas, all motorized vehicles and equipment other than those of the Licensee used for maintenance purposes shall be prohibited. 12. The construction or reconstruction or location of all initial and future improvements, buildings and structures and the grading and planting of trees on the Lands is subject to the prior written approval of the Licensor and Hydro One Networks Inc. Licensee's Covenants 13. The Licensee shall, except in the case of emergency, before commencing any work authorized by this Licence or intended so to be, give to the Licensor 3 Business Days prior written notice, and in cases of emergency such previous notice as is reasonably possible, and during any construction work, repair and maintenance, the Licensor and/or Hydro One Networks Inc. may have its/their representatives present, for whose time and necessary expenses the Licensee shall pay on presentation of invoices therefor. 14. The Licensee shall comply with all provisions of law, including, without limitation, all federal and provincial legislative enactments, municipal by -laws and any other governmental or municipal by -laws, regulations and orders, that relate to the Lands, the Licence or the exercise of any of the rights or obligations in the Licence herein granted. H5 /20 0 8) Default acco Don Johnson ar 'kLicence Agreement.tif 4 15. The Licensee shall comply with the design standards of Hydro One Networks Inc., Canada Standards Association Standard C -22.3, the `Safety Rules and Standards Protection Code' of Hydro One Networks Inc., The Occupational Health and Safety Act, R.S.O. 1990 and any amendments thereto and any regulations passed thereunder when using heavy equipment during any construction or maintenance. 16. The Licensee shall not permit on the Lands, at any time during the Term of this Licence or any extension thereof the presence of any Environmental Contaminant, except in strict compliance with all applicable laws of any relevant Authority including, without limitation, environmental land use, occupational health and safety laws, regulations, requirements, permits and by -laws. 17. The Licensee shall not in any way use or trespass on any lands adjoining the Lands. 18. The Licensee shall not pile snow on the Lands or on any of the Lands adjoining the Lands which would result in piles exceeding two metres (6.5 ft.) in height or being closer than eight metres (26.2 ft.) from any of Hydro One Networks Inc.'s Transmission System or Distribution System. In the event of the Licensee acting in breach of this condition, the Licensor may remove any such pile, and the Licensee shall pay to the Licensor forthwith upon demand all costs of the Licensor for the removal of any such pile of snow. 19. The Licensee, at its own expense, shall remove snow and ice from any public walkway abutting or included in the Lands, if such removal is required by any municipal by -law. 20. The Licensee shall prohibit kite flying and model airplane flying and any other activities which in the opinion of the Licensor or Hydro One Networks Inc. might interfere with the safe and efficient operation of its works or Hydro One Networks Inc.'s Transmission System or Distribution System or be offensive, annoying or dangerous and at its expense shall post signs in suitable locations on the Lands stating that kite flying and model airplane flying and other activities are prohibited. 21. The Licensee shall maintain the Lands and any of the Licensee's installations thereon in a good and substantial state of repair and in a neat and tidy condition satisfactory to the Lessor. In the event the Licensor and/or Hydro One Networks Inc., in its or their absolute discretion, consider it necessary that anti- climbing devices must be installed on its or their equipment, facilities or structures, this work shall be carried out by Hydro One Networks Inc. or its contractor(s), at the Licensee's expense and the Licensee shall pay to the Licensor forthwith upon demand all costs of the Licensor in doing all such work. 22. The Licensee covenants and agrees that the Licensee, its uses, works, installations, equipment, improvements, property and Permittees shall not in any way interfere with, obstruct, delay or cause any damage or inefficiencies to any works of the Licensor or of the Licensor's Pennittees, or to the Transmission System or Distribution System of Hydro One Networks Inc. now or hereafter constructed or contemplated on, in or in respect of all or any portion of the Lands from time to time, and without limiting the generality of the foregoing, the Licensee shall ensure that the height of any vehicle, load or other object, including attachments, or people standing thereon near Hydro One Networks Inc.'s Transmission System or Distribution System does not exceed 4.115 m (13.5 ft:) above the existing grade. 23. In the event the Licensor considers it necessary that fences or barriers be installed or any part or parts of the perimeter of the Lands or around any of the Licensee's installations, the Licensee shall install such fences or barriers at its expense according to the specifications of the Licensor or Hydro One Networks Inc. 24. Upon termination of this Licence, the Licensee, at its own expense, shall remove any of its installations and facilities from the Lands and restore the Lands to a condition satisfactory to the Licensor, unless notified in writing by the Licensor to the contrary. If the Licensor provides such written notice to the Licensee, all improvements to the Lands shall become the property of the Licensor without costs. 25. If at any time the Licence Fee or any other amount payable hereunder is not paid when due, the Licensor shall provide written notice to the Licensee of such arrears and the Dolores acco Don Johnson Park Licence A reement.tif Fy;r ....r�.ir:c::o-' m:.•;.� aye 5 Licensee shall have ten (10) consecutive days from the delivery of such notice within which to pay such arrears, failing which the Licensor may terminate this Licence without any further notice. 26. In the event of default in payment of any amount due by the Licensee hereunder, interest shall accrue and be payable on such amount at that rate of interest per annum posted and charged from time to time by the Minister of Finance, compounded monthly until paid. Acceptance of any overdue payment or interest shall not constitute a waiver of any rights or remedies that the Licensor may have hereunder or at law. 27. In the event of default of any of the terms or obligations in this Licence by the Licensee other than payment of any amount due hereunder, the Licensor may provide written notice to the Licensee specifying the failure, and if the failure is not remedied or if adequate and sufficient measures are not being taken to satisfactorily remedy the same within ten (10) consecutive days of the delivery of the notice, the Licensor may terminate this Licence immediately upon the expiration of the ten -day period aforesaid without any further notice. 28. In the event of any default of the Licensee in performing any work, repairs, or other obligations of Licensee under this Licence or making any payments due or claimed due by the Licensee to third parties, the Licensor may perform any such work, repairs, or other obligations of Licensee or make any payments due or claimed to be due by the Licensee to third parties, and without being in breach of any of the Licensor's covenants hereunder and without thereby being deemed to infringe upon any of the Licensee's rights pursuant hereto, and, in such case, the Licensee shall pay to the Licensor forthwith upon demand all amounts paid by the Licensor to third parties in respect of such default and all costs of the Licensor in remedying or attempting to remedy any such default. Right to Enter. or Terminate 29. The Licensor reserves the right to inspect the Lands at any time. If in the opinion of the Licensor or Hydro One Networks Inc. the Licensee does anything or permits anything to be done on the Lands or the adjacent lands of the Licensor which may be a nuisance, cause damage, endanger or interfere with access for the Transmission System or Distribution System of Hydro One Networks Inc. or be considered dangerous or offensive by the Licensor or Hydro One Networks Inc. acting reasonably, the Licensor may at the Licensee's expense, forthwith remove, relocate or clear the offending work from the Lands and/or the Licensor's adjacent lands without being liable for any damages caused thereby and the Licensee shall reimburse the Licensor for all expense to the Licensor in so doing or the Licensor may require the Licensee to immediately remove, relocate, clear or cease such activity. 30. The Licensor, Hydro One Networks Inc. and anyone acting pursuant to its authority may at any time upon twenty-four hours' prior written notice to the Licensee or at any time without notice in case of emergency enter on the Lands and inspect, operate maintain, repair, re- arrange, add to, upgrade, reconstruct, replace, relocate and remove any of the Licensor's works or equipment or the Transmission System or Distribution System of Hydro One Networks Inc. and further may construct, add, inspect, maintain, repair, alter, re- arrange, relocate and remove such new works or equipment or new Transmission System or Distribution System as the Licensor or Hydro One Networks Inc. determines necessary or desirable and the Licensor and Hydro One Networks Inc. shall not be liable for and are hereby released from all damages, losses, injuries, costs, charges, expenses, suits, proceedings, claims and demands arising in connection with carrying out the work aforesaid, including, without limitation, all claims for damages, indemnification, reimbursement or compensation by reason of loss, interruption or suspension of business or interference or inconvenience howsoever caused or physical damage to the Lands. 31. Despite anything to the contrary in this Licence and without prejudice to the rights of the Licensor hereunder or otherwise, the Licensor shall have the option in its sole discretion at any time(s), to be exercised in each instance by ninety (90) days' prior written notice to the Licensee, to terminate this Licence in whole or in part, as the case may be, if (a) the Licensor considers all or any portion(s) of the Lands to be necessary or desirable from time to time for the works of the Licensor or the Licensor's Permittees or the Transmission System or Distribution System of Hydro One Networks Inc.; or (b) the 1 1572008) Dolores Sacco on Johnson Park Licence A 7, reem ent.tif age 6 Licensee, its permitted uses, works, installations, equipment, improvements, property and Permittees in any way interfere with, obstruct, limit or impede the right of Hydro One Networks Inc. to use the Lands to operate a Transmission System or Distribution System pursuant to section 114.5(1) of the Act, all without any claim by or compensation for the Licensee including without limitation for any inconvenience, interruption, nuisance, discomfort, relocation or removal costs caused thereby, but subject to an adjustment in the Licence Fee payable hereunder. 32. If the Licensor delivers notice of termination pursuant to this Licence, then all or such portion of the Lands suitable for existing or contemplated works of the Licensor or the Licensor's Permittees or for the existing or contemplated Transmission System or Distribution System of Hydro One Networks Inc. shall be deemed deleted from this Licence effective on the date set out in such notice (the "Effective Date and the Licence shall be deemed to have been terminated or amended, as the case may be, in respect of such specific area(s) as of the Effective Date. In the event of delivery of notice of termination aforesaid, the Licensee shall at its sole expense and without claim or compensation of any kind remove or cause its works to be removed from the Lands or such specific area(s) on or before the Effective Date in the manner set out in clause 24 herein. Without prejudice to the rights of the Licensor hereunder, the Licensor will consider any reasonable request from the Licensee to continue beyond the Effective Date the Licensee's use of the Lands for recreational purposes. 33. The Licensor reserves the right to ternunate this Licence in its entirety if the Licensor, in its sole discretion, determines that the Lands are no longer required for the Licensor's purposes or if the Lands or any part thereof are required by any governmental authority. The Licensor shall provide the Licensee with six (6) months notice in writing and the Licensor shall not be obligated to pay the Licensee any compensation therefore subject to an adjustment in the annual Licence Fee payable hereunder. Indemnity and Release 34. (a) All persons and property at any time on the Lands shall be at the sole risk of the Licensee, and neither the Licensor nor Hydro One Networks Inc. shall be liable for any loss, damage, or injury, including loss of life, to them or it however occurring and the Licensee releases both the Licensor and Hydro One Networks Inc. from all claims and demands in respect of any such loss, damage or injury. The Licensee shall assume all liability and obligation for any and all loss, damage, or injury, including death, to persons or property that happens as a result of or arises out of the use and occupation of the Lands by the Licensee or members of the public and the Licensee shall at all times indemnify and save harmless the Licensor and its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, appointees and all others the Licensor is responsible for in law and Hydro One Networks Inc. and its affiliates and their respective successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, appointees and all others for whom Hydro Networks Inc. is responsible in law from and against all such loss, damage, or injury and all actions, suits, proceedings, costs, charges, damages, expenses, claims or demands arising therefrom or connected therewith. The Licensee expressly recognizes and acknowledges that Hydro One Networks Inc. has installed and maintained or has the right to install and maintain a Transmission System or Distribution System on the Lands, and willingly assumes any and all risks associated with its proposed activities in such close proximity to such systems. Notwithstanding the above, the Licensee shall not be liable hereunder for any loss, damage or injury arising from the gross negligence of the Licensor or Hydro One Networks Inc. (c) The Licensee shall at its own expense, arrange and maintain a liability insurance policy satisfactory to the Licensor in the minimum amount of Five Million ($5,000,000.00) dollars in order to indemnify the Licensor and Hydro One Networks Inc. as provided herein. The Licensee shall pay any and all deductibles with respect to any claim arising thereunder. Such insurance shall (a) name Her Majesty the Queen in right of Ontario, as represented by the Minister of Public Infrastructure Renewal, and ORC and Hydro One Networks Inc. as additional (b) 15/2008) olores acco Don Johnson Park Licence A reement. (b) Assignment 7 insureds, (b) contain a cross liability clause, and (c) specify that it is primary coverage and not contributory with or in excess of any insurance maintained by the Licensor or Hydro One Networks Inc. A certified copy of such policy or satisfactory certificate in lieu thereof shall be delivered to the Licensor prior to the commencement of the Term or any extension thereof. 35. In order to induce the Licensor to grant this Licence and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Licensee on behalf of itself, its successors and assigns, hereby (a) releases and forever discharges the Licensor and Hydro One Networks Inc. and each of their respective successors and assigns, from any and all actions, causes of action, claims and demands for damages, loss or injury, howsoever arising, which heretofore may have been and which may hereafter be sustained by the Licensee, its successors and assigns, in respect or in consequence of the termination of this Licence in whole or in part(s), as the case may be, including all damages above described as well as all damage, loss or injury not now known or anticipated but which may arise in the future and all effects and consequences thereof; agrees not to make any claim or take any proceedings against any other person or corporation who might claim contribution or indemnity under the common law or under the provisions of the Negligence Act and the amendments thereto from the Licensor or Hydro One Networks Inc.; and (c) agrees that the Licensor and Hydro One Networks Inc. may plead this Licence as an estoppel. 36. The Licensee may permit members of the public to use the Lands for the purposes set out in accordance with the terms hereof, but the Licensee shall not assign, transfer, sublease, part with possession or dispose of all or any part of the Lands or this Licence or any privileges or interests hereby granted to it without the prior written consent of the Licensor which may be unreasonably or arbitrarily withheld, failing which the Licensor shall be entitled to terminate this Licence immediately after the occurrence of such breach. General 37. This Licence and any information or documents that are provided hereunder may be released pursuant to the provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended, if applicable, respectively. This acknowledgment shall not be construed as a waiver of any right to object to the release of this Agreement or of any information or documents 38. The failure of any party to exercise any right, power or option or to enforce any remedy or to insist upon the strict compliance with the terms, conditions and covenants under this Licence shall not constitute a waiver of the terms, conditions and covenants herein with respect to that or any other or subsequent breach thereof nor a waiver by that party any time thereafter to require strict compliance with all terms, conditions and covenants hereof, including the terms, conditions and covenants with respect to which the party has failed to exercise such right, power or option. Nothing shall be construed or have the effect of a waiver except an instrument in writing signed by a duly authorized officer of the applicable party which expressly waives a right, power or option under this Licence. 39. The Licensee and any of its successors, administrators, permitted assigns, directors, officers, employees, agents, servants, representatives, and appointees shall not engage in any activity where such activity creates a conflict of interest, actual or potential, in the sole opinion of the Licensor, with the Licence or the exercise of any of the rights or obligations of the Licensee hereunder. The Licensee shall disclose to the Licensor in writing and without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. aae i:. i ..::i:..• acco Don Johnson Park Licence wx 'w:rotr»:wi�:a.".:..: X::i •.Yia'Yrroirari:;. a'i.:::: n..:,.:'.nt. '.:Y x y. .�gre F .n:m:... a::: 01 /1 5/2008) D Aement.t f 8 For clarification, a "conflict of interest" means, in relation to the performance of its contractual obligations pursuant to this Licence, the Licensee's other commitments, relationships or financial interests (i) could or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgment; or (ii) could or could be seen to compromise, impair or be incompatible with the effective perfonnance of its contractual obligations pursuant to this Licence. 40. Where this Licence requires notice to be delivered by one party to the other, such notice shall be given in writing and delivered either personally, or by pre -paid registered post or by telecopier, by the party wishing to give such notice, or by the solicitor acting for such party, to the other party or to the solicitor acting for the other party at the addresses noted below. In the case of notice to the Licensor, to it in care of Ontario Realty Corporation 11 di Floor Ferguson Block, Queen's Park 77 Wellesley Street Toronto, Ontario M7A 2G3 Attention: Patrick Grace General Manager, Hydro One Service Delivery Telephone: (416) 327 -2959 Telecopier: (416) 327 -3942 and, in the case of notice to the Licensee, to it in care of: Niagara Falls City Hall 4310 Queen Street PO Box 123, L2E6X5 City of Niagara Falls, ON Attention: Lin Banks Telephone: 905- 356 -7521 #5219 Telecopier: 41. The provisions of this Licence shall be binding upon and enure to the benefit of the Licensor and the Licensee. 42. No interest in the Lands is being conveyed by the granting of this Licence and the Licensee shall not register the Licence or any notice in respect thereof on title without the prior written consent of the Licensor, which consent may be arbitrarily withheld. 43. This Licence shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontario and the laws of Canada applicable therein and the Parties hereto irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario in the event of a dispute hereunder. 1/15/2008 Dolores Sacco Don Johnson Park Licence Agreement of age 9 IN WITNESS WHEREOF the parties hereto have executed this Licence. Signed by the Licensee at 15751.0042/1220259_3 this day of 20_ Per: Name: Title: [LICENSEE] I have authority to bind the Corporation. Signed by the Licensor at this day of 20_. ONTARIO REALTY CORPORATION acting as agent on behalf of HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by THE MINISTER OF PUBLIC INFRASTRUCTURE RENEWAL Per: Name: Title: I have authority to bind the Corporation ME L*; 1 1 1 K 1 jil 11 SI dm A MI k ill lata ebt, W3 i t 'IL II I lg 111 11 ME 1111 Mill :IS HI Nott (1 /15/2008) Dolores Sacco Don Johnson Park icence Agreement.tif Pacie lb January 28, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: R- 2008 -03 2008 Proposed Cemetery Fees RECOMMENDATION: Niag ara ails CANADA Working Together to Serve Our Community R- 2008 -03 1. That the changes to the 2006 Cemetery Fees, as specified in the attached Cemetery Fee Schedule, be approved effective March 1, 2008. 2. That the 2008 Cemetery Fee Schedule be forwarded to the Ministry of Consumer and Commercial Relations, Cemeteries Branch, for review and approval. BACKGROUND: In reviewing the recommended annual cemetery rates, a comparison with other municipal cemetery fees, was undertaken. Approximately twelve (12) municipal cemeteries were surveyed recently to compare prices, including municipal cemeteries within the Niagara Region and a number of municipal cemeteries outside the region including Oakville, Owen Sound and Chatam Kent. The survey found that Niagara Falls lot sale rates compares favourably with other cemeteries, however, interment fees are below average. Staff recommend a 6% increase in the Opening and Closing rates of Adult Full Body, Cremation and Columbarium interments. The cost of bronze has increased dramatically over the past few years, resulting in the suppliers passing the increase to the consumer. Staff markets bronze wreaths and plaques at the Columbaria located at Fairview Cemetery and Stamford Green Heritage Columbaria. Staff recommends an increase of 25% to provide an appropriate margin of profit. In 2005, the City implemented a $200 one -time Care Maintenance Fee for interments that take place in plots purchased prior to 1955. According to the Cemetery Act (44.2), a cemetery owner is allowed to+harge interment rights holders for the maintenance of lots and markers that were sfre 1955 if there were no trust funds collected for that 10 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Community Services Department Parks, Recreation Culture January 28, 2008 Recommended by: Approved by: Respectfully submitted: S:1CouncillCouncil 20081R- 2008 -03 Attachment 008 Cemetery Fee Schedule.wpd 2 R- 2008 -03 purpose. Staff recommends the fee be changed to $100 per lot (grave). Currently, the $200 fee would cover a two grave plot up to, in some instances, a twelve grave plot. By charging $100 per lot (grave) the cost is distributed equitably. Since the one time Care Maintenance Fee implementation in 2005 the City has contributed $23,600 cemetery trust fund where the monies are kept in trust into perpetuity for the continued care and maintenance of the cemetery grounds. 4t/11;4( 41/44,C Denys Morrissey, D. ector of Parks, Recreation Culture Ed Dujlovic, Executive Director of Community Services ative J !'n MacDonald, Chie f Adminis Officer RESIDENT INTERMENT RIGHTS (Lot Sales) CEMETERY FEE CARE MTNCE TRUST FEE TOTAL FEE 5% GST TOTAL CHARGE Adult Single Lot 567.00 378.00 945.00 47.25 992.25 Preferred Adult Single Lot 627.00 418.00 1045.00 52.25 1097.25 Adult Two Lot Plot 1134.00 756.00 1890.00 94.50 1984.50 Preferred Adult Double Lot 1254.00 836.00 2090.00 104.50 2194.50 Adult Three Lot Plot 1701.00 1134.00 2835.00 141.75 2976.75 Adult Six Lot Plot 3402.00 2268.00 5670.00 283.50 5953.50 Child /Infant Single Lot (Fairview) 156.00 104.00 260.00 13.00 273.00 Stillborn Single Lot (Lundy's Lane) 120.00 80.00 200.00 10.00 210.00 Cremation Plot (Four Lots) 285.00 190.00 475.00 23.75 498.75 Preferred Cremain Plot 345.00 230.00 575.00 28.75 603.75 Ktti1U1_N I IN 1 tKMI_N I StKVIU S CEMETERY PROVINCIAL TOTAL TOTAL (Burial Fees) FEE FEE FEE 5% GST CHARGE Adult Casket Burial 760.00 10.00 770.00 38.50 808.50 Child Casket Burial 315.00 10.00 325.00 16.25 341.25 Infant/Stillborn Casket Burial 200.00 10.00 210.00 10.50 220.50 Cremains Urn Burial 225.00 N/A 225.00 11.25 236.25 Cremains Scatter Burial (Fairview) 125.00 N/A 125.00 6.25 131.25 Cremains Urn Burial Double (Admin. Fee) 50.00 N/A 50.00 2.50 52.50 Interment Cancellation Casket 270.00 N/A 270.00 13.50 283.50 Interment Cancellation Urn 120.00 N/A 120.00 6.00 126.00 One Time Care Mtnce Fee Per Lot (grave) 100.00 5.00 205.00 NON RESIDENT INTERMENT RIGHTS CEMETERY CARE MTNCE TOTAL TOTAL (Lot Sales) FEE TRUST FEE FEE 5 %GST CHARGE Adult Single Lot 708.00 472.00 1180.00 59.00 1239.00 Adult Two Lot Plot 1416.00 944.00 2360.00 118.00 2478.00 Adult Three Lot Plot 2124.00 1416.00 3540.00 177.00 3717.00 Adult Six Lot Plot 4248.00 2832.00 7080.00 354.00 7434.00 Child /Infant Single Lot (Fairview) 195.00 130.00 325.00 16.25 341.25 Stillborn Single Lot (Lundy's Lane) 150.00 100.00 250.00 12.50 262.50 Cremation Plot (Four Lots) 354.00 236.00 590.00 52.50 642.50 NON RESIDENT INTERMENT SERVICES CEMETERY PROVINCIAL TOTAL TOTAL (Burial Fees) FEE FEE FEE 5% GST CHARGE Adult Casket Burial 950.00 10.00 960.00 48.00 1008.00 Child Casket Burial 395.00 10.00 405.00 20.25 425.25 Infant/StillbornCasket Burial 250.00 10.00 260.00 13.00 273.00 Cremains Urn Burial 280.00 N/A 280.00 14.00 294.00 Cremains Scatter Burial (Fairview) 155.00 N/A 155.00 7.75 162.75 Cremains Urn Burial Double (Admin. Fee) 50.00 N/A 50.00 2.50 52.50 Interment Cancellation Casket 335.00 N/A 335.00 16.75 351.75 Interment Cancellation Urn 150.00 N/A 150.00 7.50 157.50 PLEASE NOTE: 1) All Committal Service scheduling is at the approval of the Cemetery's Section based on location, weather, staff availability the number of services requested by Funeral Directors per day 2) Monday to Friday Interment Services (except on statutory or City Holidays) may be scheduled between 10:00 a.m. 3:15 p.m. only. 3) Saturday Services may be scheduled between 10:00 a.m. and 2:00 p.m. only 4) Sunday Statutory Holiday Interment Services may be scheduled between 11:00 a.m. 2:00 p.m. 5) A "Scheduled" Funeral Late Arrival other interment surcharges will apply as indicated in the Cemetry Fee Schedule "Interment Surcharges 6) Funeral late arrivals (arriving after the scheduled time) will be subject to an additional "Funeral Crew Standby" fee. 7) Funeral Directors are responsible for advising families, in advance, of potential funeral late charges applicable surcharges. One Time Care Maintenance Fee is charged for an interment (Full Body or Cremation) that takes place in a lot (grave) that was purchased prior to 1955. CITY OF NIAGARA FALLS PARKS, RECREATION CULTURE CEMETERIES FEE SCHEDULE Effective March 1, 2008 Weekday Funeral Late Arrival Scheduled After 3:15p.m. 95.00 4.75 99.75 Funeral Crew Standby Weekdays Funeral procession arrives after scheduled time 25.00 1/4 hr. 1.25 26.25 Saturday Casket Burial Arrival Before 2:00 p.m. 325.00 16.25 341.25 Sunday Holiday Casket Burial Arrival Before 2:00 p.m. 415.00 20.75 435.75 Saturday Cremains Burial Arrival Before 2:00 p.m. 170.00 8.50 178.50 Saturday Scatterin Burial Arrival Before 2:00 p.m. 90.00 4.50 94.50 Sunday /Holiday Cremains Burial Arrival Before 2:00 p.m. 270.00 13.50 283.50 Funeral Crew Standby Sat., Sun. Holidays Funeral procession arrives after scheduled time 35 per 1/4 hr. 1.75 36.75 Tent Rental (Child /Stillborn /Cremains Burials) 170.00 8.50 178.50 Tent Rental Only (Saturdays /Sundays /Holidays) 350.00 17.50 367.50 Less Than 8 Working Hours Casket Burial Order 165.00 8.25 173.25 Less Than 8 Working Hours Cremains Burial Order 85.00 4.25 89.25 Lower Seal Concrete Vault/Liner Lid 35.00 1.75 36.75 Lower Concrete Vault/Liner Box 60.00 3.00 63.00 FOUNDATION /MARKER INSTALLATION SERVICES CEM. FEE 5% GST TOTAL CHARGE Concrete Foundation Per Cublic Foot Supply Install 19.00 0.95 19.95 Foundation Installation (Minimum Charge) 223.00 11.15 234.15 Pre -Pour Foundation (Section Q P Double Plots) 310.27 15.51 325.78 Foundation Removal 150.00 7.50 157.50 Veteran Upright Marker Setting 80.00 4.00 84.00 Small Flat Marker Setting Under 172 Square Inches 50.00 2.50 52.50 Large Fiat Marker Setting Over 172 Square Inches 80.00 4.00 84.00 Corner Markers Setting (Per Set of 4) 45.00 2.25 47.25 MARKER CARE MAINTENANCE FEE CARE MTNCE. 5% GST TOTAL Flat Marker Over 172 Square Inches 50.00 2.50 52.50 Upright Marker Including Base Up To 4 Feet High /Long 100.00 5.00 105.00 Upright Marker Including Base Over 4 Feet High /Long 200.00 10.00 210.00 DIS- INTERMENT SERVICES CEM. FEE 5% GST TOTAL Adult/Child Dis- interment Only* 900.00 45.00 945.00 Adult/Child Dis- interment Re- interment 1630.00 81.50 1711.50 Infant/Stillborn Dis- interment Only 300.00 15.00 315.00 Infant/Stillborn Dis- interment Re- interment 500.00 25.00 525.00 Cremains Dis- interment Only 150.00 7.50 157.50 Cremains Dis- interment Re- interment 350.00 17.50 367.50 Remains are removed from Municipal Cemetery PLEASE NOTE: 1) Dis- interments will take place on a day and at a time determined by the Manager of Cemeteries or designate. 2) Dis- interments may be scheduled from May 1st to November 1st only 3) Dis- interments not in a vault will be contracted out will be the responsibility of the Funeral Director 4) The Funeral Director is responsible for the scheduling all related costs of: casket/urn /vault removal vault/urn unsealing resealing Niagara Regional Health Unit ADMINISTRATION SERVICES CEMETERY TOTAL FEE 5% GST CHARGE Interment Rights Transfer 50.00 2.50 52.50 Interment Rights Exchange 50.00 2.50 52.50 Interment Rights Replacement/Duplicate 25.00 1.25 26.25 Double Cremain Interment/Companion Urn 50.00 2.50 52.50 Cemetery Records Search (charge per hour) 25.00 /hr. 1.25 26.25 Memorial Tree 300.00 15.00 315.00 Memorial Bench with 3" x 6" plate installed on back of bench 1250.00 62.50 1312.50 Memorial Bench with bronze plaque (8" x 10 stand 1600.00 80.00 1680.00 Memorial Marker Maple Grove Memory Lane (includes inscription) 350.00 17.50 367.50 MEMORIAL PRU(iKAM CEMETE INTERMENT SURCH RESIDENT NICHE LEVEL A G CEMETERY FEE CARE &MTNCE TRUST FEE TOTAL FEE 5% GST TOTAL CHARGE Single Niche 380.00 95.00 475.00 23.75 498.75 Double Niche 760.00 190.00 950.00 47.50 997.50 RESIDENT NICHE LEVEL B F Single Niche 480.00 120.00 600.00 30.00 630.00 Double Niche 880.00 220.00 1100.00 55.00 1155.00 NON- RESIDENT NICHE LEVEL A G Single Niche 476.00 119.00 595.00 29.75 624.75 Double Niche 952.00 238.00 1190.00 59.50 1249.50 NON- RESIDENT NICHE LEVEL B F Single Niche 600.00 150.00 750.00 37.50 787.50 Double Niche 1100.00 275.00 1375.00 68.75 1443.75 COLUMBARIUM PRODUCTS CEMETERY FEE GST PST TOTAL GLASS Single Niche 35.00 1.75 2.80 39.55 GLASS Double Niche 60.00 3.00 4.80 67.80 BRONZE Single Niche 440.00 22.00 28.00 490.00 BRONZE Double Niche 560.00 28.00 36.00 624.00 OPENING CLOSING CEMETERY FEE GST TOTAL RESIDENT Single Inumment 125.00 6.25 131.25 NON RESIDENT Single Inurement 150.00 7.50 157.50 Double Cremain Inurnment/Campanion Urn* 50.00 2.50 52.50 t if t k CEMETERY CARE MTNCE TOTAL TOTAL RESIDENT FEE TRUST FEE FEE 5% GST CHARGE Double Niche A F 800.00 200.00 1000.00 50.00 1050.00 Double Niche -13 E 880.00 220.00 1100.00 55.00 1155.00 Double Niche C D 1000.00 250.00 1250.00 62.50 1312.50 NON RESIDENT Double Niche A F 1000.00 250.00 1250.00 62.50 1312.50 Double Niche B E 1100.00 275.00 1375.00 68.75 1732.50 Double Niche C D 1248.00 312.00 1560.00 78.00 1968.75 COLUMBARIUM PRODUCT Trillium Court CEMETERY FEE 5% GST 8% PST TOTAL Bronze Wreath includes inscription installation 440.00 22.00 28.00 490.00 OPENING CLOSING CEMETERY FEE 5% GST TOTAL RESIDENT Single Inurnment 160.00 8.00 168.00 NON RESIDENT Single Inurement 200.00 10.00 210.00 Double Cremain Inurnment/Campanion Urn* 50.00 2.50 52.50 COLUMBARIUM FEES Effective January 1, 2008 STAMFORD GREEN HERITAGE COLUMBARIUM 2nd .inurnmenaing place the same time as the first and in the same urn FAIRVIEW CEMETERY TRILLIUM COURT mg place the same time as the first and in the same urn COLUMBARIUM FEES Effective January 1, 2008 STAMFORD GREEN HERITAGE COLUMBARIUM 2nd .inurnmenaing place the same time as the first and in the same urn FAIRVIEW CEMETERY TRILLIUM COURT mg place the same time as the first and in the same urn January 28, 2008 TS- 2008 -11 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niag ara alts CANAD A Re: TS- 2008 -11 Changes to Pay Parking 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: The recent installations of thirty -two (32) Pay and Display machines on Valleyway, Queen Street, Magdalen and McGrail has necessitated a need to change the minimum meter payments in existing pay parking areas. Over the past five years, "Pay and Display" machines have replaced the single space parking meter to provide more flexibility to high volume areas. The "Pay and Display" machine provides 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 minimum payment amounts to be accepted at the new machines. Additional "minimum payment wording" has been included in the by -law as a housekeeping measure, to accurately reflect existing Pay and Display areas that offer a $0.25 minimum payment. 10 Queen Street, P.Q. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services January 28, 2008 Recommended by: Approved by: Respectfully submitted: 2 Karl Dren, Director of Transportation Services Ed Dujlovic,`Executive Director of Community Services 6ev'John MacDonald, Chief Administrative Officer Sue Wheeler S:1General Administration\GA 1.01 Reports12008 Council101 Jan 28\TS-2008-11 Changes to Pay Parking times and minimum fees.wpd Working Together to Serve Our Community TS- 2008 -11 January 28, 2008 TS- 2008 -14 Niag ara alts ar CANADA His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: TS- 2008 -14 Request for Reduced Charter Rate Transit Service International Society of Arboriculture Ontario RECOMMENDATION: That a grant be approved to compensate Niagara Transit for providing a charter service at a reduced rate. BACKGROUND: A request has been made of Niagara Transit to provide reduced rate charter services to the International Society of Arboriculture Ontario, who will be hosting a conference in Niagara Falls on February 12 through February 15 2008. The Regional Municipality of Niagara, supported by the Niagara Parks Commission are the main sponsors of this conference and attendance is expected to exceed 300 delegates. The requesting party has brought this conference to Niagara Falls in 2000, 2004, 2008 and have made a commitment to bring a conference back to Niagara Falls in 2010. Working with the Niagara Parks Commission, events have been scheduled to tour the forested areas of the School of Horticulture grounds on the afternoon of February 14th and the morning of the 15 Approximately 100 people will require transportation on these two days, which will require at least two city coaches. Niagara Transit can assist this initiative by providing two buses on each of the days required. The standard charter rate is $75.00 per hour, however, the organizing committee is requesting that the service be provided at cost recovery, which is $60.00 per hour. Therefore, the conference group would enjoy a savings of $30.00 per hour since two buses are required to transport the delegates. Staff are in the process of completing a charter policy to deal with this type of request, which will be presented to Council in February. P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Transportation Services January 28, 2008 2 TS- 2008 -14 Recommended by: Approved by: Respectfully submitted: Karl Dren, Director of Transportation Services Ed Dujlovic, Executive Director of Community Services 6 e i r John MacD ald, Chief Administrative Officer D. Stuart S:\General Administration\GA 1.01 Reports12008 Council \01 Jan 28\TS- 2008 -14 Request for Reduced Rate Transit Service.wpd Dean Iorfida Fwd: 2008 ISAO Conference From: Dean Iorfida To: Dave Stuart; Karl Dren Subject: Fwd: 2008 ISAO Conference Please bring forward for a report for Jan. 28th. Thanks Dean Carey Campbell 1/8/2008 3:02 PM Page 1 of 2 "Potts, Murray" <murray.potts @regional.niagara.on.ca> 1/8/2008 2 :54 PM I am the Forestry Supervisor at the Regional Municipality of Niagara, and more over, the President of the International Society of Arboriculture Ontario. I have brought our conferences to Niagara twice in the past and am bringing the conference to the Falls again this year, from February 12th to February 15th. Attendance is expected to be well over 300. Working with the Niagara Parks, we have scheduled a tour of the forested areas of the School of Horticulture grounds on the afternoon of February 14th and the morning of the 15th. As we will need to bus around 100 people to this event each day, and we did have the services of the Niagara Transit for the same, at our 2000 conference, with then, the sponsorship of the City council and Mayor Thompson, I would like to know if your services could be available to us again for this years event. As I am very proud to bring the conference to our city, and as a resident of our city as well, I would be very honoured to see Niagara Transit busses pulling up to the Sheraton on the Falls to serve our guests. The Regional Municipality of Niagara is the main Sponsor of this conference, and sponsorship from the Niagara Parks, in your position, now being incorporated in our City's services, I would be honoured if the City would consider either sponsoring us in this service, or take the costs into consideration by providing us a discount, we would be proud to include the City of Niagara Falls in our sponsorship signage. I have brought a conference to Niagara Falls in 2000, 2004, 2008 and have made a commitment to bring a conference back to the Falls in 2010. We brought our Tree Climbing Competition to Niagara in 2007, sponsored in part by the Niagara Parks, and had television coverage by the Discovery Channel and CBC. As you can see, I am very proud of all that our great city has to offer. Again, we will be bringing in over 300 members and in some cases, their spouses and entire families to stay and enjoy all our city has to offer. Your services, clearly noted on each bus as being Niagara, would be greatly appreciated. Thank you, Murray Potts, CRS, CA President ISAO Supervisor Forestry Road Operations Public Works Transportation Services The Regional Municipality of Niagara 2201 St. David's Rd., Box 1042 Thorold, Ontario, L2V 4T7 about:blank 1/8/2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize the execution of a Lease Agreement with Historic Niagara Development Inc. respecting the lease of a suite within the premises referred to as the Elgin Block and municipally known as 4673 Ontario Avenue, Niagara Falls. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Lease Agreement dated the 1s day of January, 2008 and made between Historic Niagara Development Inc. as Landlord and The Corporation of the City of Niagara Falls as Tenant, respecting the lease of a suite within the premises referred to as the Elgin Block and municipally known as 4673 Ontario Avenue, Niagara Falls, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Lease Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Lease Agreement. Passed this twenty- eighth day of January, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 28, 2008 January 28, 2008 January 28, 2008 LEASE Made as of the 1 day of January, 2008. BETWEEN: 1. DEFINITIONS (1) HISTORIC NIAGARA DEVELOPMENT INC. a Company incorporated pursuant to the laws of the Province of Ontario and Hereinafter referred to as the "Landlord" OF THE FIRST PART; THE CORPORATION OF THE CITY OF NIAGARA FALLS an Ontario Municipal Corporation pursuant to the laws of the Province of Ontario Hereinafter referred to as the "Tenant" OF THE SECOND PART. IN THIS LEASE, unless there is something in the subject matter or context inconsistent therewith, the following terms have the following respective meanings: "Common Areas" means those areas, facilities, utilities, improvements, equipment and installations in, adjacent to, or outside the Building which serve or are for the benefit of the Building, which do not comprise part of the Premises and which, from time to time, are not designated or intended by the Landlord to be for the Landlord's exclusive use, and are not designated or intended by the Landlord to be leased to the Tenant or any other tenants of the Building, and which include all corridors, hallways, lobbies, elevators and stairwells, all pedestrian walkways and sidewalks, all landscaped areas, the roof and exterior walls of the Building, exterior and interior structural elements and walls of the Building, common washrooms, all parking and loading areas (including entrances and exits), all access ways, truck courts, driveways, delivery passages, loading docks and related areas, all electrical, telephone, meter, valve, mechanical, mail, storage, service and janitorial rooms, all fire prevention, security and communication systems, and generally all areas forming part of the Lands and Building which do not constitute rented or rentable premises. (2) "Operating Costs" means, for any period, the total of all costs and 2 expenses attributable to the maintenance, repair, replacement, management and operation of the Lands and the Building (including the Common Areas) during such period including, without limiting the generality of the foregoing. (a) All Realty Taxes payable from time to time in respect of the Lands and the Building not allocated to leased premises, and all costs and expenses (including legal and other professional fees, interest and penalties on deferred payment) incurred in contesting, resisting or appealing any Realty Taxes; (b) All charges for utilities and services to the Lands and Building, including, without limiting the generality of the foregoing, water, gas, heat, communications, electrical power or energy, steam and hot water, and all charges for fittings, machinery, apparatus, meters, or other things leased in respect thereof, and for all work or services performed by any corporation or commission in connection with such utilities and services; (c) All costs incurred by the Landlord in maintaining insurance with respect to the Lands and the Building. Without limiting the generality of the foregoing such costs shall include the costs for insurance policies providing coverage for (a) fire, casualty and extended risk for the Building for the full replacement value thereof or such lesser amount as Landlord may elect and is acceptable to the Mortgagees, (b) liability of Landlord for personal injury and property damage caused by occurrences on or connected with the Property, (c) loss of rent by Landlord for twelve (12) months following fire or casualty damage and (d) such other insurance as may be required by any Mortgagee; (d) All costs incurred by the Landlord in connection with the maintenance, repair, replacement, management and operation of the Lands and Building and every part thereof, and of complying with all applicable laws, directions, rules and regulations, including, without limitation, the cost of providing cleaning, janitorial, garbage removal, supervisory and maintenance services, the cost of operating any elevators and similar elevating devices, the costs of heating, cooling and ventilating, and the cost of maintaining, repairing and replacing all equipment related thereto, the cost of window cleaning, the costs of machinery, supplies, tools, equipment and materials used in connection with any of the foregoing (including rentals thereof) and any and all other costs incurred by the Landlord, as the case may be, in connection with the maintenance, repair, replacement, management and operation of the (3) 2. DEMISE 3 Lands and Building. Operating Costs shall exclude: (i) All such costs determined by separate metering or assessment or otherwise incurred for the exclusive benefit of the premises leased by the Tenant or any other tenant of the Building and billed to and paid for directly by the Tenant or such other tenant, including charges to tenants for above normal utilization of utilities; (ii) The cost to the Landlord of debt service in connection with any mortgage financing of the Lands and Building; (iii) Taxes on the income of the Landlord; (iv) The cost of improvements to particular premises intended for leasing and real estate, or other commissions relating to leasing premises within the Building. "Rent" means the total monthly fee to be charged by the Landlord to the Tenant for occupation and use of the Premises and includes all Operating Costs. (4) "Rentable Area" means the rentable area determined in accordance with the standards of the Building Owners and Managers Association "BOMA "Rentable Area of the Building" means the aggregate of the Rentable Area of all premises in the Building that are rented, or designated or intended by the Landlord to be rented, for offices or business purposes from time to time (whether actually rented or not) and, for greater certainty, excludes storage areas and if any component of Operating Costs is not applicable to all tenants, that portion of the Building to which such component is not applicable. IN CONSIDERATION of the rents, covenants and obligations stipulated herein, the Landlord and the Tenant have agreed to enter into a Lease for that part of the building municipally known as 4673 Ontario Avenue in the City of Niagara Falls, Ontario (the "Building that is situated on the Lands (the "Lands comprising the aforesaid municipal address comprised of Suite #203 (the "Premises The Premises comprise approximately 3,150 square feet of rentable area. The Tenant acknowledges having inspected the Premises and accepts the same on an "as is" basis. 3. GRANT OF LEASE 4. TERM AND POSSESSION (3) 5. RENT 4 (1) The Landlord leases the Premises to the Tenant: (a) For the Term set forth in Paragraph 4; (b) At the Rent set forth in Paragraph 5; and (c) Subject to the conditions and in accordance with the covenants, obligations and agreements herein. (1) The Tenant shall have possession of the Premises for a period of three (3) years commencing on the 1 day of March, 2008 and ending on the 28 day of February, 2011, (the "Term (2) Subject to the Landlord's rights under this Lease, and as long as the Lease is in good standing the Landlord covenants that the Tenant shall have quiet enjoyment of the Premises during the Term of this Lease without any interruption or disturbance from the Landlord or any other person or persons lawfully claiming through the Landlord. The Tenant shall be entitled to access to the Premises for a period (the "Fixturing Period of 29 days prior to the commencement of the Term for the purpose of constructing its leasehold improvements (including installation of its wiring and related facilities) and installing its furniture and equipment. The Landlord shall also have access to the Premises during the Fixturing Period to complete any Landlord's work. During the Fixturing Period, the Tenant shall abide by and adhere to all terms and conditions of this Lease Agreement including, without limitation, payment for any utilities consumed in the Premises, but shall not be obligated to pay Rent. (1) Rent means the total monthly fee to be charged by the Landlord to the Tenant for occupation and use of the Premises and includes all Operating Costs. (2) The Tenant covenants to pay to the Landlord during the Term of this Lease rent as follows: (a) For the first year of the Term of this Lease Agreement, the sum of 5 THIRTY SEVEN THOUSAND AND ONE HUNDRED AND NINETY EIGHT 50/100 DOLLARS ($37,198.50), plus Goods and Services Tax, payable monthly in advance by the Tenant to the Landlord in equal monthly instalments of THREE THOUSAND AND NINETY NINE 88/100 DOLLARS ($3,099.88), plus Goods and Services Tax on the first day of each and every month during the Term commencing on March 1 2008 to and including February 1 2011. (b) For the second and third years of the Term of this Lease Agreement, the amount paid by the Tenant shall increase by an amount defined as the percentage increase in the Consumer Price Index for Canada as of February of each year and shall be payable on the same terms and conditions as set out in paragraph 2(a) above. (c) The Rent stated above is based on approximately 3,150 square feet of Rentable Area of the Premises and is exclusive of Goods and Services Tax payable thereon by the Tenant monthly. (d) The Landlord may arrange for the Rentable Area of the Premises to be measured by its architect, surveyor or space planner. If the Landlord does not arrange for such measurement, the Rentable Area of the Premises shall be deemed to be the area set out herein. The Landlord shall recalculate the area of the Premises whenever required as a result of a rearrangement of partitions or other changed conditions. The Landlord will advise the Tenant in writing of the revised certified area measurement; (e) The Tenant shall pay for all separately metered utilities supplied to, consumed or used in the Premises including the cost of water, gas, electrical power and energy, heating, ventilating and air conditioning the Premises, it being the intention of this provision that the Tenant is responsible for the cost of all such utilities supplied to the Premises for the Tenant's use; (0 (g And the Tenant hereby agrees to indemnify and protect the Landlord from any liability accruing to the Landlord in respect of the expenses payable by the Tenant as provided herein; And if the Tenant fails to make any of the payments required by this Lease then the Landlord may make such payments and charge to the Tenant the amounts paid by the Landlord, and if such charges are not paid by the Tenant on demand the Landlord shall be entitled to the same remedies and may take the same steps for recovery of the (3) (5) (7) 6 unpaid charges as in the event of Rent in arrears. The Landlord agrees that it is the intention of the parties hereto that all expenses, payments and outgoings incurred in respect to the Premises for any matters, cause or reason whatsoever shall be borne by the Tenant (unless otherwise specifically provided for) and all rent to be paid shall be net to the Landlord (save for the Landlord's income tax in respect of income received from leasing the Demised Premises) and clear of all such outgoings unless otherwise excluded in the Lease. Any outgoings of any kind which may become payable out of the Demised Premises shall not entitle the Tenant to reduce the amount of its payments of rent to the Landlord and the Landlord shall be entitled to recover from the Tenant as if it were rent in arrears any amount which the Landlord may pay, whether voluntarily or involuntarily, on account of any such outgoings on account of the Tenant. (4) The Tenant will pay on its execution of the Lease to the Landlord the amount of SIX THOUSAND AND ONE HUNDRED AND NINETY -NINE 76/100 DOLLARS ($6,199.76) together with Goods and Services Tax to be held without interest for application by the Landlord against the first and last month's rent as such payments fall due. All payments to be made by the Tenant pursuant to this lease shall be delivered to the Landlord at the Landlord's address for service set out in Paragraph 20 or to such other place as the Landlord may from time to time direct in writing. (6) All Rent in arrears and all sums paid by the Landlord for expenses incurred which should have been paid by the Tenant shall bear interest from the date payment was due, or made, or expense incurred at a rate per annum equal to the prime commercial lending rate of the Landlord's bank. The Tenant acknowledges and agrees that the payments of Rent provided for in this Lease shall be made without any deductions for any reason whatsoever unless expressly allowed by the terms of this Lease or agreed to by the Landlord in writing and no partial payment by the Tenant which is accepted by the Landlord shall be considered as other than a partial payment on account of Rent owing and shall not prejudice the Landlord's right to recover any rent owing. 6. ASSIGNMENT AND SUBLETTING The Tenant shall not, without the prior written consent of Landlord and each Mortgagee (if its Mortgage so requires), have the right to assign this Lease Agreement, or 7 sublet, or encumber the Leased Premises in whole or in part, or permit any other person or entity to occupy or use same. Landlord shall not unreasonably withhold its consent to an assignment or subletting provided that (1) Tenant is not in default of any of its obligations hereunder, and (2) each Mortgagee whose consent is required has consented thereto and (3) the original Tenant shall remain liable for the full performance of the obligations of Tenant hereunder, including, without limitation, the obligations to pay rent and other sums hereunder and obligations of indemnity and (4) in Landlord's reasonable opinion (a) the reputations of the proposed assignee or subtenant and its principals are sound and (b) the financial condition of the proposed assignee or subtenant is stable, sound, and more than sufficient to meet its liabilities, including those hereunder, and (5) such sublease or assignment shall be subject to all of the provisions of this Paragraph 6, including, without limitation, those relating to Landlord's right to receive the consideration for the assignment or the amount by which rent under the sublease exceeds rent hereunder. No attempted assignment or subletting, whether with the consent of Landlord and each Mortgagee whose consent is required or in violation of this Paragraph 6, shall relieve the original Tenant from liability for payment of rent or other sums due hereunder, or from being bound by any of the terms, conditions, covenants and agreements of this Lease Agreement. In the event that Landlord consents to any assignment, Tenant shall pay to Landlord 100% of the amount paid by the assignee for the assignment [net of Tenant's actual and reasonable costs for advertising, legal fees and broker's commissions in connection therewith "Costs In the event that Landlord consents to any sublease, Tenant shall pay to Landlord the amount, if any, by which the rentals thereunder exceed the rentals due from Tenant thereunder (net of Costs). Acceptance of rent from any other person or entity shall not be deemed a waiver of any of the provisions of this Lease Agreement or to be a consent to the assignment of this Lease Agreement or to the subletting, encumbrance or use or occupancy by another of the Leased Premises. In the event that Landlord and all Mortgagees whose consent is required consent to any proposed assignment, subletting, encumbrance, or granting of a right of use or occupancy, such consent shall not be deemed to be a consent to any other or further assignment, subletting, encumbrance or granting of a right of use or occupancy. 7. USE (1) During the Term of this Lease or any renewal thereof, the Premises shall not be used for any purpose other than General Offices, without the express consent of the Landlord given in writing. (2) The Tenant shall be entitled to carry on business in the Premises 7 days per week; 24 hours per day. (3) The Tenant shall not do or permit to be done at the Premises anything which (5) (1 may: (a) Constitute as nuisance; 8 (b) Cause damage to the Premises; (c) Cause injury or annoyance to occupants of neighbouring premises; (d) Make void or voidable any insurance upon the Premises; or (e) Constitute a breach of any by -law, statute, order or regulations of any municipal, provincial or other competent authority relating to the Premises. (4) The Landlord represents and warrants, to the best of his knowledge and belief, that the Lands and the Building comply in all material respects with all applicable federal, provincial or local environmental, health and safety statutes and regulations, and that neither the Lands nor the Building are subject to any judicial or administrative proceedings alleging the violation of any federal, provincial or local environmental or health and safety statutes or regulation. The Landlord has no knowledge of the existence, or the release into the environment, of any hazardous or toxic waste substance and no tenant, to the best of the Landlord's knowledge and belief, generates, transports, treats or disposes of hazardous waste at the Building. The Landlord is not aware of the existence of any hazardous waste or substance in or on the ground of the real property and is not aware of the existence of any PCB's, urea formaldehyde, or asbestos in the Building. Neither the Landlord nor the Tenant will store, use, or dispose of any hazardous, toxic, corrosive, explosive, reactive or radioactive matter in, or about the Premises or the Property on which the Premises are located. The Landlord and Tenant will comply with all applicable environmental laws and requirements impacting the operations on the Premises. The Tenant shall indemnify and hold harmless the Landlord from any claims or actions, including, without limitation, costs, fees and costs of remediation, arising out of Tenant's use, storage or disposal of toxic or hazardous materials on or in the Premises. 8. REPAIR AND MAINTENANCE The Tenant covenants that during the Term of this Lease and any renewal thereof the Tenant shall keep in good condition the Premises including all alterations and additions made thereto, and shall, with or without notice, properly make all needed repairs and all necessary replacements as would a 9 prudent owner, but the Tenant shall not be liable to effect repairs attributable to reasonable wear and tear, or to damage caused by fire, lightning or storm. (2) The Tenant shall permit the Landlord or person authorized by the Landlord to enter the Premises to examine the condition thereof and view the state of repair at reasonable times: (a) And if upon such examination repairs are found to be necessary, written notice of the repairs required shall be given to the Tenant by or on behalf of the Landlord and the Tenant shall make the necessary repairs within the time specified in the notice; (3) (1) (b) And if the Tenant refuses or neglects to keep the Premises in good repair the Landlord may, but shall not be obliged to, make any necessary repairs, and shall be permitted, on reasonable notice, to enter the Premises, by himself or his servants or agents, for the purpose of effecting the repairs without being liable to the Tenant for any loss, damage or inconvenience to the Tenant in connection with the Landlord's entry and repairs, and if the Landlord makes repairs the Tenant shall pay the cost of them immediately. Upon the expiry of the Term or other determination of this Lease the Tenant agrees peaceably to surrender the Premises, including any alterations or additions made thereto, to the Landlord in a state of good repair, reasonable wear and tear and damage by fire, lightning and storm only excepted. (4) The Tenant shall immediately give written notice to the Landlord of any substantial damage that occurs to the Premises from any cause. 9. ALTERATIONS AND ADDITIONS if during the Term of this Lease or any renewal of it, or during the fixturing period which commences on the date of the execution of the Lease (the "Fixturing Period the Tenant desires to make any alterations or additions to the Premises, including but not limited to: erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant's business, including fibre optics cable, the Tenant may do so at his own expense, at any time and from time to time, if the following conditions are met: (a) Before undertaking any alterations or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additions and items included in the plan which are regarded by the Tenant as "Trade Fixtures" shall be designated as such on the plan, and the 10 Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan in writing and been notified as to the identity of all contractors and the Landlord shall not unreasonably or arbitrarily withhold his approval; (b) Any and all alterations or additions to the Premises made by the Tenant must comply with all applicable building code standards and by -laws of the municipality in which the Premises are located. (2) The Tenant shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Premises. (3) (4) All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant's Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant. (5) The Tenant shall be permitted at its own expense to install signage in the second floor lobby, the building lobby and the Suite in a good and workmanlike manner subject to municipal by -laws and government regulations and subject to the Landlord's written approval as to design, colour and content of any such sign which approval shall not be unreasonably withheld. No other sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant's behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign, advertisement or notice has been approved in every respect by the Landlord. Signage to be removed (together with repairs required by removal) at the Tenant's expense. The Tenant agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharges of any encumbrance that may be registered against the Landlord's property in connection with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant. (6) If the Tenant has complied with his obligations according to the provisions of this Lease, the Tenant may remove his Trade Fixtures at the end of the Term or other termination of this Lease and the Tenant covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Tenant's Trade Fixtures. 11 (7) Other than as provided in paragraph 9 (6) above, the Tenant shall not, during the Term of this Lease or anytime thereafter remove from the Premises any Trade Fixtures or other goods and chattels of the Tenant except in the following circumstances: (8) (9) 10. OVERHOLDING 11. PARKING (a) The removal is in the ordinary course of business; (b) The Trade Fixture has become unnecessary for the Tenant's business or is being replaced by a new or similar Trade Fixture; or (c) The Landlord has consented in writing to the removal; But in any case the Tenant shall make good any damage caused to the Premises by the installation or removal of any Trade Fixtures, equipment, partitions, furnishings and any other objects whatsoever brought onto the Premises by the Tenant. Unless the Tenant obtains written permission from the Landlord for alteration of an area without the need for removal at term end, the Tenant shall, at his own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Premises during the Term and Fixturing Period and shall repair all damage caused by the installation or the removal or both. The Tenant shall not bring onto the Premises or any part of the Premises any machinery, equipment or any other thing that might in the opinion of the Landlord, by reason of its weight, size or use, damage the Premises or overload the floors of the Premises, and if the Premises are damaged or overloaded the Tenant shall restore the Premises immediately or pay to the Landlord the costs of restoring the Premises. It is agreed that if the Tenant continues to occupy the Premises after the Expiry Date with the written consent of the Landlord, but without having executed and delivered a new lease or an agreement extending the Term, there shall be no tacit renewal of the Lease, and the Tenant shall be deemed to be occupying the Premises as a Tenant from month to month at the same monthly Rent as provided herein plus fifty percent (50 and on the terms and conditions herein set out except as to length of tenancy. During the Term and any subsequent renewals, expansions and extensions thereof, 12 the Landlord shall provide to the Tenant or its employees 2 outdoor parking spaces free of charge behind 4424 Queen Street in the City of Niagara Falls provided that these spaces cannot be sublet by the Tenant. 12. DAMAGE TO THE PREMISES (1) In the event that the Leased Premises shall be rendered wholly untenantable by fire or other casualty, the Landlord shall be entitled to the proceeds of all applicable insurance maintained by Landlord, and shall, at its option, either (a) terminate this Lease Agreement by giving Tenant written notice thereof within forty -five (45) days from the later to occur of (i) the date of said damage or destruction or (ii) notification from a mortgagee that it shall not permit the entire insurance proceeds required for restoration of the Building to be used for such purpose, or (b) repair or replace the Leased Premises to substantially the same condition as prior to the damage or destruction (exclusive of Alterations made by Tenant). If the Landlord fails to commence to repair the damage or destruction to the Property within sixty (60) days from the date of its occurrence, or if the Leased Premises shall not have been substantially replaced or repaired within one hundred and eighty (180) days after the date of such damage or destruction, Tenant may at its option, terminate this Lease Agreement by giving written notice to Landlord within fifteen (15) days after Landlord's failure to commence or substantially complete said repairs within the applicable time period. The rent herein required to be paid shall abate during the period of such untenantability, to the extent that such abatement is covered by Landlord's rent insurance (or, if Landlord has failed to obtain rent insurance, to the extent that the abatement would have been covered had Landlord obtained such insurance). If the Leased Premises shall be damaged in part by fire or other casualty, but still remain partially tenantable, Landlord shall repair the Leased Premises to substantially the same condition as prior to the damage (exclusive of Alterations made by Tenant). Landlord shall commence repair of the damage or destruction within sixty (60) days from the date of occurrence and complete them with reasonable diligence. During the period of such repairs and restorations, this Lease Agreement shall continue in full force and effect, and Tenant shall be required to pay the rent herein reserved, abated by the percentage of area of the Leased Premises destroyed as compared to the total area of the Leased Premises, to the extent that such abatement is covered by Landlord's rent insurance (or, if Landlord has failed to obtain rent insurance, to the extent that the abatement would have been covered had Landlord obtained such insurance). In the event that any damage or destruction occurs during the last six (6) 13 months of the term of this Lease Agreement, to the extent of fifty (50 percent or more of the insured value of the Leased Premises, either party may elect to terminate this Lease Agreement by giving notice of such election to the other within thirty (30) days after such damage or destruction. In such event, Landlord shall receive the proceeds of the Landlord's insurance policies without obligation to rebuild or restore the Leased Premises, and Tenant shall execute any waiver which may be required of it by any insurer or Landlord. (2) Any question as to the degree of damage or destruction or the period of time required to repair or rebuild shall be determined by an architect retained by the Landlord. (3) Apart from the provisions of Paragraph 12 (1) there shall be no abatement from or reduction of the Rent payable by the Tenant. 13. ACTS OF DEFAULT AND LANDLORD'S REMEDIES (1) An Act of Default has occurred when: (a) The Tenant has failed to pay Rent for a period of 15 consecutive days, regardless of whether demand for payment has been made or not; (b) The Tenant has breached his covenants or failed to perform any of his obligations under this Lease; and (1) (c) The Tenant has: The Landlord has given notice specifying the nature of the default and the steps and time frame required to correct it; and (ii) The Tenant has failed to correct the default as required by the notice; (i) Become bankrupt or insolvent or made an assignment for the benefit of Creditors; (ii) Had his property seized or attached in satisfaction of a judgment; (iii) Had a receiver appointed; 14 (iv) Committed any act or neglected to do anything with the result that a Construction Lien or other encumbrance is registered against the Landlord's property; (v) Without the Consent of the Landlord, made or entered into an agreement to make a sale of his assets to which the Bulk Sales Act applies; (vi) Taken action if the Tenant is a corporation, with a view to winding up, dissolution or liquidation. (d) Any insurance policy is cancelled or not renewed by reason of the use or occupation of the Premises, or by reason of non payment of premiums; (e) The Premises: (i) Become vacant or remain unoccupied for a period of 30 consecutive days; or (ii) Are not open for business on more than thirty (30) business days in any twelve (12) month period or on any twelve (12) consecutive business days; (iii) Are used by any other person or persons, or for any other purpose than as provided for in this Lease without the written consent of the Landlord. (2) If an Act of Default shall occur, Landlord may, in addition to any other right or rights which Landlord may have, serve a written fifteen (15) days' notice of cancellation of this Lease Agreement upon Tenant, and upon the expiration of said fifteen (15) days, this Lease Agreement and the term hereunder shall end and expire as fully and completely as if the date of expiration of such fifteen (15) days period were the day herein definitely fixed for the end and expiration of this Lease Agreement and the term thereof, and Tenant shall then quit and surrender the Leased Premises to Landlord, but Tenant shall remain liable as hereinafter provided. If the fifteen (15) day notice of cancellation shall have been given, and the term shall expire as aforesaid, or if any execution or attachment shall be issued against Tenant or any of Tenant's property whereupon the Leased Premises shall be taken or occupied by someone other than Tenant, then and in either of such events Landlord may, without notice, re -enter the Leased Premises and dispossess Tenant and the legal representative of Tenant or other occupant of the 15 Leased Premises by summary proceedings or otherwise, and remove their effects and hold the Leased Premises as if this Lease Agreement had not been made, but Tenant shall remain liable hereunder as hereinafter provided. In case of any such Act of Default, re -entry, expiration and/or dispossess by summary proceedings or otherwise, (1) all rent and other sums then to be paid by Tenant pursuant to this Lease Agreement shall become due thereupon and be paid up to the time of such re -entry, dispossess and /or expiration, together with such reasonable expenses as Landlord may incur for legal expenses, attorneys' fees, brokerage, and /or putting the Leased Premises in good order "Expenses (2) Landlord may re -let the Leased Premises or any part or parts thereof, either in the name of Landlord or otherwise, for a term or terms, which may at Landlord's option be Tess than or exceed the period which would otherwise have constituted the balance of the term of this Lease Agreement and may grant concessions or free rent and/or (3) Tenant or the legal representatives of Tenant shall also pay Landlord as liquidated damages for the failure of Tenant to observe and perform Tenant's covenants herein contained, any deficiency between the rents and other sums hereby reserved and/or covenanted to be paid and the net amount, if any, of the rents collected on account of the lease or leases of the Leased Premises for each month of the period which would otherwise have constituted the balance of the term of this Lease Agreement. In computing such damages all Expenses incurred by Landlord in connection with such re- letting shall be added to the said deficiency. Landlord, at Landlord's option, may make such alterations, repairs, decorations and replacements as are reasonably necessary or desirable for the purpose of reletting the Leased Premises; and the making of such alterations and /or decorations shall not operate or be construed to release Tenant from liability hereunder as aforesaid. Neither the failure or refusal of Landlord to re -let the Leased Premises or any part or parts thereof nor, in the event that the Leased Premises are re -let, the failure of Landlord to collect the rent under such re- letting shall release or affect Tenant's liability for damages, and Landlord shall not in any way be liable for same, but, if Landlord fails to collect such rent, Tenant is hereby authorized to collect the same and apply the same to any indebtedness owing to Landlord. Any such damages shall be paid in monthly installments by Tenant on the rent days specified in this Lease Agreement and any suit brought to collect the amount of the deficiency for any month or months shall not prejudice in any way the rights of Landlord to collect the deficiency for any subsequent month or months by a similar proceeding. Any such action may be an action for the full amounts of all rents then due or to be due to, and all damages then suffered or to be suffered by, Landlord. Mention in this Lease Agreement of any particular (4) If, when an Act of Default has occurred, the Landlord chooses not to terminate the Lease and re -enter the Premises, the Landlord shall have the right to take any and all necessary steps to rectify any or all Acts of Default of the Tenant and to charge the costs of such rectification to the Tenant. (5) 16 remedy shall not preclude Landlord from resort to any other remedy, in law or in equity. The foregoing remedies and rights of Landlord are cumulative. If, when an Act of Default has occurred, the Landlord chooses to waive his right to exercise the remedies available to him under this Lease or at law the waiver shall not constitute condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Landlord to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term or condition of this Lease shall be deemed to have been waived by the Landlord unless the waiver is in writing and signed by the Landlord. 14. TERMINATION UPON NOTICE AND AT END OF TERM The Tenant agrees to permit the Landlord during the last six months of the Term of this Lease to display "For Rent" or "For Sale" signs or both at the Premises and to show the Premises to prospective new tenants or purchasers and to permit anyone having written authority of the Landlord to view the Premises at reasonable hours. 15. ACKNOWLEDGMENT BY TENANT (1) The Tenant agrees that he will at any time or times during the Term, upon being given at least five (5) days prior written notice, execute and deliver to the Landlord, at no charge, a statement in writing certifying: (a) That this Lease is unmodified and is in full force and effect (or if modified stating the modifications and confirming that the Lease is in full force and effect as modified). (b) The amount of Rent being paid. (c) The dates to which Rent has been paid. (d) Other charges payable under this Lease which have been paid. (e) Particulars of any prepayment of Rent or security deposits; and 17. INSURANCE (1) 17 (f) Particulars of any subtenancies. 16. NON DISTURBANCE The Landlord shall be obligated to obtain a non disturbance covenant in favour of the Tenant and in a form acceptable to the Tenant's solicitor from any mortgagee of the Building or the Premises. The Tenant agrees that it shall maintain and pay all premiums for general public liability insurance in the amount of $5,000,000.00 per occurrence with respect to the Demised Premises and the business conducted by the Tenant and any other persons on the Demised Premises. All policies shall name the Landlord and Mortgagee as named insured as its interests may appear and shall contain a clause that the insurer will not cancel or change or refuse to renew the insurance without first giving the Landlord thirty (30) days prior written notice and such policy to contain a cross liability clause and waiver of any subrogation rights which the Tenant's insurers may have against the Landlord or those for whom the Landlord is at law responsible. The Tenant shall provide to the Landlord a certificate of such coverage prior to occupancy. (2) The Tenant agrees that it shall maintain and pay all premiums to insure the Demised Premises against property damage and fire and other casualties and risks and any form of insurance which the Landlord or any mortgagee reasonably requires from time to time for insurable risks and any amounts against which a prudent Landlord would insure including business interruption and contents insurance. 18. OPTION TO RENEW (1) Provided that the Tenant is not in default in any respect hereunder, the Tenant shall have the option to renew the Lease for two (2) further periods of three (3) years each on the same terms and conditions as contained herein, save and except that there shall be no further right to renew and the rent in the renewal period shall be negotiated as hereinafter set forth; (2) To exercise its option, the Tenant is required to give notice in writing of its desire to renew the Lease not Tess than six (6) months prior to the expiry of the then current term; (3) The parties shall attempt to negotiate the Rent for either renewal period 18 immediately upon service of the notice and if an agreement is reached, it shall be embodied in a memorandum in writing to that effect provided that the Landlord may continue to offer the premises for lease during this period; (4) In the event that no agreement has been reached as contemplated in paragraph (3) above, it is agreed that the base rent for the renewal period shall be determined by arbitration in accordance with the Arbitration Act of Ontario or any successor or replacement Act. The Parties attempting to reach agreement and the arbitrator, in the event that no agreement is reached, shall base the base rent on fair market rental for premises of similar size, quality and location as at the time of the exercise of the Option without consideration for leasehold improvements, provided, however, that in no case shall the rent for any renewal period be less than the rent for the immediately preceding term. (5) In the event that the Lease is renewed, the "Term" as defined in this Agreement shall mean the final date to which this Lease is extended. 19. RULES AND REGULATIONS The Tenant agrees on behalf of himself and all persons entering the Premises with the Tenant's authority or permission to abide by such reasonable rules and regulations that form part of this Lease and as the Landlord may make from time to time as described in Schedule "A" attached hereto. 20. NOTICE (1) Any notice required or permitted to be given by one party to the other pursuant to the terms of this Lease may be given To the Landlord at: Historic Niagara Development Inc. 4681 Ontario Avenue Niagara Falls, Ontario L2E 3R1 To the Tenant at the Premises or at: The Corporation of the City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 19 (2) The above addresses may be changed at any time by giving ten (10) days written notice. (3) Any notice given by one party to the other in accordance with the provisions of this Lease shall be deemed conclusively to have been received on the date delivered if the notice is served personally or seventy -two (72) hours after mailing if the notice is mailed. 21. REGISTRATION The Tenant shall not at any time register notice of or a copy of this Lease on title to the property of which the premises form part without consent of the Landlord. 22. INDEMNITY The Tenant covenants that it will indemnify and save harmless the Landlord of and from all liabilities, fines, suites, claims, demands and actions of any kind or nature to which the Landlord shall or may become liable or suffer by reason of any breach, violation or non- performance by the Tenant of any covenant, term or provision hereof or by reason of any act, neglect or default on the part of the Tenant or any of is agents or employees and for any personal injury or death that may be suffered or sustained by any employee of the Tenant or any other person who may be upon the Demised Premises and for any loss or damage or injury to any property belonging to the Tenant or to its employees or to any other person while such property is on the Demised Premises, such indemnification in respect of any such breach, violation or non performance, damage to property, injury or death occurring during the term of the Lease shall survive any termination of this Lease anything in this Lease to the contrary notwithstanding. Provided, however, that the indemnities set out in this paragraph shall not apply to any injury, loss or damage caused by the negligent act of the Landlord, its employees, agents, contractors or invitees. 23. INTERPRETATION (1) The words importing the singular number only shall include the plural, and vice versa, and words importing the masculine gender shall include the feminine gender, and words importing persons shall include firms and corporations and vice versa. (2) Unless the context otherwise requires, the word "Landlord" and the word "Tenant" wherever used herein shall be construed to include the executors, administrators, successors and assigns of the Landlord and Tenant, respectively. (3) 24. RELATIONSHIP OF PARTIES Nothing contained in this Lease shall create any relationship between the parties hereto other than that of Landlord and Tenant. 25. GOVERNING LAW 27. SEVERABILITY 20 When there are two or more Tenants bound by the same covenants herein contained, their obligations shall be joint and several. This Lease shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the Province of Ontario. 26. AMENDMENT OR MODIFICATION No amendment, modification or supplement to this Lease shall be valid or binding unless set out in writing and executed by the Landlord and the Tenant. All of the provisions of this Lease are to be construed as covenants and agreements. If any provision of this Lease is illegal or unenforceable, it shall be considered separate and severable from the remaining provisions of this Lease, which shall remain in force and be binding as thought the provision had never been included. IN WITNESS WHEREOF the parties hereto have executed this Lease Agreement. HISTORIC NIAGARA DEVELOPMENT INC. Landlord Name: Mor'ecyai G un, resident "I/We have authority to bind the Corporation" THE CORPORATION OF THE CITY OF NIAGARA FALLS Tenant Name: R.T. (Ted) Salci Title: Mayor Name: Dean Iorfida Title: City Clerk A by -law to amend By -law No. 2002 -081, being a by -law to appoint City employees, agents and third parties for the enforcement of provincial or municipal by -laws. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. By -law No. 2002 -081 is amended by deleting Schedule "C" and Schedule "C" attached hereto shall be inserted in lieu thereof. 2. By -law No. 2002 -081 is amended by deleting Schedule "D3" and Schedule "D3" attached hereto shall be inserted in lieu thereof. Passed this twenty eighth day of January, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: January 28, 2008. January 28, 2008. January 28, 2008. CITY OF NIAGARA FALLS By -law No. 2008 1. Parking By -law Enforcement Officers: Sam Arnold Charles Arsenault James Edward Bird Gordon Boardman Gabe Bogucki Jordan Brouillard Robert Bunn Bob Bunston Bob Chambers Joe Corradi Bill Crowder Alex DeGaust Larry Desormeaux Bob DiGiolamo Larry Downing Hanya Goforth Brian Green Steve Hamilton Kevin Howe Les Jarvis Norm Leonard David Lewis Jason MacLean John MacLeod Rob McDonald Edward Allan McDonnell John McPherson Kerri Michaud Chris Nave Al Poisson Jim Reggler Stewart Rodgers Philip Rudachuk Chris Russell David Smith Gary Statchura Jana Vermeulen Sue Wheeler Brenda Wylie SCHEDULE "C" SCHEDULE "D3" NIAGARA COLLEGE MAID OF THE MIST CENTRE 1. Parking By -law Enforcement Officers on private property: Carl Hubble Steve Fumell (c) Minimum front yard depth (i) (d) Minimum rear yard depth (i) CITY OF NIAGARA FALLS By -law No. 2008- A by -law to amend By -law No. 79 -200, to permit the development of two apartment dwellings on the land. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. Sheet D5 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from TC to R5E(H) and numbered 810, the land on the south side of Marineland Parkway, west of Stanley Avenue, being Pt Lt 1 PI 4 Stamford; Pt Lt 2 P1 4 Stamford; Pt Lt 3 P1 4 Stamford; Pt 1 59R -3160; Niagara Falls Amended 2001/09/18 LR 3 and shown hatched and designated R5E(H) and numbered 810 on the plan Schedule 1, attached to and forming part of this by -law. 2. Notwithstanding the provisions of sections 2.31.8, 2.31.9, 2.31.10 and 7.14.1 and clauses (a), (b), (c), (d), (e), (f), (h), (j) and (m) of section 7.14.2 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 R5E(H) and numbered 810 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, for the purpose of apartment dwellings and accessory buildings and accessory structures, except in compliance with the following regulations: (a) Minimum lot area the whole of the land shown hatched and designated R5E(H) and numbered 810 on the plan Schedule 1 attached hereto, save and except for any part that may be required for the purpose of road widening (b) Maximum number of dwelling units 162 for a parking structure located 0 metres entirely below grade, and any above grade unenclosed ramps, ventilation shafts and stairwells associated with an underground parking garage (ii) for all other buildings and structures 5 metres for a parking structure located 0 metres entirely below grade, and any above grade unenclosed ramps, ventilation shafts and stairwells associated with an underground parking garage (ii) for all other buildings and structures 10 metres (e) Minimum interior side yard width (f) (g) (i) for a parking structure located entirely below grade, and any above grade unenclosed ramps, ventilation shafts and stairwells associated with an underground parking garage (ii) for a building or structure having a height of 15 metres or less (iii) for a building or structure having a height greater than 15 metres Maximum height of building or structure Maximum number of apartment dwellings (h) Accessory buildings and accessory structures (i) Minimum landscaped open space 4. For the purpose of this by -law: -2- 6.5 metres 50 metres 8 storeys or 28 metres, whichever is the lesser, subject to section 4.7 of By -law No. 79 -200 2 5 metres in accordance with sections 4.13 and 4.14 of By -law No. 79 -200 50% of the lot area, which shall include a 5 metre wide landscaped strip along and adjacent to the westerly interior side lot line 3. The holding symbol (H) that appears in section 1 of this by -law and on Schedule 1 attached hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning Act. No person shall use the land described in section 1 of this by -law and shown hatched and designated R5E(H) and numbered 810 on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant to the Planning Act. Prior to the H symbol being removed, the landowner or developer shall enter into the necessary agreements with the City of Niagara Falls to provide the necessary servicing infrastructure to the land shown hatched and designated R5E(H) and numbered 810 on the plan Schedule 1 attached hereto. (a) "front lot line" means the lot lines dividing the lot from the Marineland Parkway right of way; (b) "rear lot line" means the lot line that runs along the southerly limit of the lot; and (c) "interior side lot line" means the lot line that runs along the westerly limit of the lot. 5. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: 19.1.810 Notwithstanding the provisions of sections 2.31.8, 2.31.9, 2,31.10 and 7.14.1 and clauses (a), (b), (c), (d), (e), (f), (h), (j) and (m) of section 7.14.2 of By- law No. 79 -200, no person shall use the land on the south side of Marineland Parkway, west of Stanley Avenue, designated R5E(H) and numbered 810 on Sheet D5 of Schedule "A or erect or use any building or structure thereon, for the purpose of apartment dwellings and accessory buildings and accessory structures, except in compliance with By -law No. 2008- Passed this twenty eighth day of January, 2008. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: S: \ZONING\AMS120051By- laws\Byam3 5.wpd January 28, 2008 January 28, 2008 January 28, 2008 -3- Subject Land Description: Applicant: SCHEDULE 1 TO BY -LAW No. 2008 R5E(H) 810 immm,, (3.5 NUM DEERBROOK �Illlllo HEMLOCK ST Assessment #s: 272508000314902 K: \GIS_Requests\ 2005\ Schedules \zoningAM\AM -35 \mapping.map Amending Zoning By -law No. 79 -200 Pt Lt 1 P1 4 Stamford; Pt Lt 2 P1 4 Stamford; Pt Lt 3 P1 4 Stamford; Pt 1 59R -3160; Niagara Falls Amended 2001/09/18 LR 3 Napev Construction Ltd. N 1:NTS AM- 35/2005 November 2007 Passed this twenty- eighth day of January, 2008. First Reading: Second Reading: Third Reading: January 28, 2008 January 28, 2008 January 28, 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to provide for the adoption of an amendment to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and map constituting Amendment No. 78 to the City of Niagara Falls Official Plan is hereby adopted. 2. That the Clerk is hereby authorized and directed to submit the amendment to the Regional Municipality of Niagara for approval. 3. This by -law shall come into force and take effect on the day of final passing thereof. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR PART 2 BODY OF THE AMENDMENT All of this part of the document entitled PART 2 Body of the Amendment, consisting of the following text and attached map, constitute Amendment No. 78 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE The "Area Affected by this Amendment" shown on the map attached hereto, entitled "Map 1 to Official Plan Amendment No. 78" shall be redesignated from Tourist Commercial to Residential and identified as Special Policy Area "54" on Schedule "A" of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 14.54 SPECIAL POLICY AREA "54" Special Policy Area "54" applies to approximately 1.05 hectares of land located on the south side of Marineland Parkway, east of Alex Avenue. The land is designated Residential on Schedule "A" of the Official Plan. Notwithstanding the policies contained in PART 2, Section 1.7.5, the land can be developed for up to two apartment dwellings with a maximum overall density of 154 units per hectare, subject to the following policies: a) to ensure the development is compatible with low density housing located to the southwest, a gradation of building heights will be achieved by restricting building heights on the westerly half of the land to 4 storeys and the maximum building height of 8 storeys will only be permitted on the easterly half of the land; and b) to ensure the provision of adequate servicing infrastructure to the site, the amending by -law shall include a holding symbol "H Prior to the removal of the "H" symbol, the owner shall enter into a development agreement(s) with the City to provide the servicing infrastructure for the land. S :1O F F IC IAL. P LN1AM EN D 1# 7 81B O D Y_ 7 8. wp d SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment 1 Proposed Change From: Tourist Commercial Proposed Change To: Residential and SPECIAL POLICY AREA "54" MCL MCLE r ■M.lMil�iiiiMMi.■ ■lM114rrr.■ ■l1IMMalMMMMlIMlaaa■ rr■ m■ IIMMIIMEMMIM■■ ■l.lMlmlMmMmm11MMMM ■ma■■IMMMMME rr r■ 1!■ M■ MMMm■ 11m MMMMMM.■ 11MM ■IMMMMM! ■11■ ■MM■mMMMMMMM ■l■ rr.■ ■lMMaii�� uMm■lM /EMMMUM■MIIM■■Ml■l■! III. IM■■■■M I111■.MMMM1MM11M ■Mm■ ■.l■■■M1MM■ IIImUIMmM■■ MMl. I■ MM■ l■M MM■ Ilma l■ IIa mUMa MMM MII■ MMM MMII■ II ■lmmmmm ■MIIIl ■a ■a ■Ml ■Ml■ .■llUUl aM. 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IlIIUUUMUM■ll■■IRLMIII Ilmmll■UMU ■mal■I' d ■MMml IaMMIMM!■l1MMl IlUl■ o\!1■a1l /l■l■ ■III IMMmmusgmMl IMMRIM■M.mr■aalllM.M'1■ Im ■MMlUIMMIIMMmMMI. ■■MMMMMi.I ■M /M■ 1\11111!11 ■.Mal■ ■►/MI■ IIIMaa■■I• ■■■aiMI,•MM■ IMMM■■ll.M ■m ■MM /MMMI Il•l11■al■lalMEMMUl llUl IuMM.MIII•MMMMI.I•.MM■ IMMMMII■ ■Mm■ ■MI■■IMM■ IMll.IUMMllM ■UMMlMM■■ IMMMMM■MmMM►■MII.MM■ \MMMMa1IM /RMIMlM. NOMMEMMEWEEMEMMMVA ∎Ummilin ll•M1.l'■ '\MUl.IIM■ ■UMM ■m K: \GIS Requests\ 2005\ Schedules \zoningAM1AM- 35\mapping.map MAP 1 TO AMENDMENT NO. 78 CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN INDUSTRIAL MINOR COMMERCIAL OPEN SPACE MEM I■UU ■I RESIDENTIAL TOURIST COMMERCIAL NOTE: This schedule forms part of Amendment No. 78 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. S 1:NTS AM- 35/2005 November 2007 (b) Minimum lot area CITY OF NIAGARA FALLS By -law No. 2008- A by -law to repeal By -law No. 2004 -183 and amend By -law No. 79 -200, to permit the existing building to be used for a dwelling unit and a private garage and either a martial arts school, a dance or music studio, a calisthenics studio or an art studio. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 By -law No. 2004 -183 is repealed and section 19.1.678 of By -law 79 -200 is deleted. 2. Sheet D4 of Schedule "A" to By -law No. 79 -200 is amended by: (a) redesignating from R2, in part, and R2 and numbered 678, in part, to R2, the land on the south side of Rosedale Drive, being Lot 41, Plan 326, and a portion of Part of Block `A', Plan 310, Niagara Falls and shown hatched and designated R2 on the plan Schedule 1, attached to and forming part of this by -law; and (b) redesignating from R2 and numbered 678, to R2 and numbered 814, the land on the northwest corner of Fourth Avenue and McRae Street, being Lots 145, 146 and 147, Plan 307, and Lot 84 and a portion of Part of Block `A' Plan 310, Niagara Falls and shown hatched and designated R2 and numbered 814 on the plan Schedule 1, attached to and forming part of this by -law. 3. Notwithstanding the provisions of section 2.31, Table lof clause (a) of section 4.19.1, and sections 7.7.1 and 7.7.2 of By -law No. 79 -200, no person shall use the land described in clause (b) of section 2 of this by -law and shown hatched and designating R2 and numbered 814 on the plan Schedule 1 attached hereto, or the existing building thereon, except for a dwelling unit, a private garage and either a martial arts school, a dance or music studio, a calisthenics studio or an art studio, and except in compliance with the following regulations: (a) Regulations for the purpose of determining compliance with clause (b) through to and including (e) of this section of this by -law and all other provisions of By -law No. 79 -200, all the land described in clause (b) of section 2 of this by- law and shown hatched and designated R2 and numbered 814 on the plan Schedule 1 attached hereto, shall be considered one lot the whole of the land described in clause (b) of section 2 of this by -law and shown hatched and designating R2 and numbered 814 on the plan Schedule 1 attached hereto 19.1.814 Passed this twenty- eighth day of January, 2008. First Reading: Second Reading: Third Reading; (c) Maximum floor area for uses other than a dwelling unit and a private garage January 28, 2008 January 28, 2008 January 28, 2008 A.Dilwaria:mb S:\ZONING\AMS\200713y-laws \Byam26.wpd 2 (d) Minimum number of parking 14 spaces 440 square metres (e) Minimum landscaped open 50% of the lot area, which shall include: space (i) a minimum of 45% of the front yard; and (ii) a 10 metre wide landscaping strip, parallel and adjacent to the northerly property line 4. Section 19 of By -law No. 79 -200 is amended by adding thereto the following: Notwithstanding the provisions of section 2.31, Table 1 of clause (a) of section 4.19.1, and sections 7.7.1 and 7.7.2 of By -law 79 -200, no person shall use the land on the northwest corner of Fourth Avenue and McRae Street, designated R2 and numbered 814 on Sheet D4 of Schedule "A or the existing building thereon, except for a dwelling unit, a private garage and either a martial arts school, a dance or music studio, a calisthenics studio or an art studio, except in compliance with By -law No. 2008- DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR SCHEDULE 1 TO BY -LAW No. 2008- Subject Land 1 -n 0 73 z rn �C rn ROSEDALE DR 13.72m 0 3 0 494 w co r 3 50.29m 1) 814 8 MCRAE ST 3 go 03 rn Description: Lot 41, Plan 326, and a portion of Part of Block 'A', Plan 310, Niagara Falls Applicant: Harold and Alma Barnes Assessment #s: 272502001106300 272502001103200 K: \GIS Requests\ 2007\ Schedules \ZoningAM\AM- 26\mapping.map Amending Zoning By -law No. 79 -200 Lots 145, 146 and 147, Plan 307, and Lot 84 and a portion of Part of Block 'A', Plan 310, Niagara Falls 1:NTS AM- 26/2007 January 2008 A by -law to authorize temporary borrowing, CITY OF NIAGARA FALLS By -Law No. 2008 WHEREAS subsection 407(1) of the Municipal Act, 2001 (the "Act provides that at any time during a fiscal year, a municipality may authorize temporary borrowing, until the taxes are collected and other revenues are received, of the amount council considers necessary to meet the current expenditures of the municipality for the year; AND WHEREAS the Council ofthe Corporation of the City of Niagara Falls (the "Council deems it necessary to borrow up to a maximum sum of twenty -four million dollars to meet, until the taxes are collected and other revenues are received, the current expenditures of the corporation; NOW THEREFORE THE COUNCIL OF THE CORPORATION THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. (1) The Mayor and the City Treasurer and Director of Finance are hereby authorized on behalf of the Corporation to borrow, from time to time, by way of a promissory note, bankers' acceptance, operating credit line from the Corporation's financial institution, or any other bank, person, firm or corporation, a sum or sums not exceeding at any one time $24,000,000.00, to meet, until the taxes are collected and other revenues are received, the current expenditures of the Corporation including amounts required for the purposes mentioned in subsection 407(1) of the Act. (2) The Mayor and the City Treasurer and Director of Finance are hereby authorized to provide by agreement that all or any sums borrowed for any and all of the purposes mentioned in section 407 of the Act, shall, with interest thereon, be a charge upon the whole or any part or parts of the revenues of the Corporation for the current year and for all preceding years as and when such revenues are received. (3) The Mayor and the City Treasurer and Director of Finance are hereby authorized to sign on behalf of the Corporation and to furnish to the lender, an agreement or agreements of the Corporation charging the said revenues of the Corporation with payment of all sums borrowed from the lender and any interest thereon and any other charges in connection therewith. (4) The City Treasurer and Director of Finance is hereby authorized and directed to apply in payment of all sums borrowed as aforesaid, together with interest thereon, all of the monies hereafter collected or received either on account or realized in respect of taxes levied, for the current year and preceding years, or from any other source which may lawfully be applied for such purposes. Passed this twenty- eighth day of January 2008 DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR -2 2. The Mayor, City Clerk, and City Treasurer, as the case may be, are hereby authorized to execute all documents necessary to carry out section 1. First Reading: Second Reading: Third Reading: CITY OF NIAGARA FALLS By -law No. 2008 A by -law to provide an interim levy of realty taxes. WHEREAS subsection 317(1) of the Municipal Act, 2001 (the "Act provides that the council of a local municipality, before the adoption of the estimates for the year, pass a by -law levying amounts on the assessment in each property class in the local municipality, rateable for local municipal purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. (1) An interim tax levy at the following rates is hereby imposed and levied on the whole of the assessment for property in the following classes: Passed this 28th day of January, 2008. First Reading: Second Reading: Third Reading: Property Class Rate Residential 0.7339% Farmlands 0.1835% Managed Forests 0.1835% Pipeline 1.7492% Multi- Residential 1.3720% New Multi- Residential 0.7339% Commercial 1.8550% Vacant Commercial 1.2985% Industrial 2.8763% Vacant Industrial 1.8696% Large Industrial 2.8763% Vacant Large Industrial 1.8696% (2) The interim tax levy shall not exceed 50% of the total amount of taxes for municipal and school purposes levied on the property for the previous year. 2. All monies levied and collected under the authority of this by -law shall be paid to the Treasurer of the City of Niagara Falls and applied by him as directed or required by the Act. DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR January 28, 2008 January 28, 2008 January 28, 2008 THE CORPORATION OF THE CITY OF NIAGARA FALLS COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN BY -LAW Number 2008 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Parking Prohibited) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by adding to the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 4 TIMES OR DAYS Pettit Avenue East Doreen Drive and Sherwood Road 8:OOam to 4:30pm Monday to Friday Except Holidays (2) by deleting from the specified columns of Schedule C thereto the following item: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Pin Oak Drive East A point 310 metres south of McLeod At All Times Road and a point 450 metres south of McLeod Road (3) by adding to the specified columns of Schedule C thereto the following iterns: PARKING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN COLUMN 4 TIMES OR DAYS Pin Oak Drive Both Canadian Drive and McLeod Road At All Times Canadian Drive Both Montrose Road and Pin Oak Drive At All Times Montgomery Street Both Pin Oak Drive and the western At All Times terminus of Montgomery Street This By -law shall come into force when the appropriate signs are installed. Passed this twenty eighth day of January, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: January 28, 2008 Second Reading: January 28, 2008 Third Reading: January 28, 2008 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2008 A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Metered Areas) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, Schedule "G" as amended, is hereby repealed and replaced with the following Schedule "G" DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: Passed this twenty- eighth day of January, 2008. January 28, 2008 January 28, 2008 January 28, 2008 -2- BYLAW NO. 89 -2000 SCHEDULE G PARKING METER ZONES Revision /Printing Date: January 28, 2008 COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 COLUMN 5 COLUMN 6 HIGHWAY SIDE BETWEEN FEES MAXIMUM /DAYS TIMES 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. Daily 11/06 $0.25 /15 minutes $.025 minimum payment Bridgewater St. North Laura Secord P1. and Cummington $0.50 /1 hour 2 hours 8:00 a.m. to 6:00 p.m. Sq. West $0.25 30 min Except Sat., Sundays and $0.10 /12 min Holidays 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 $.025 minimum payment Clark Avenue Both Ferry Street and Robinson St. $1.00/hour 8 hours 6:00 a.m. 3:00 a.m, 12/07 $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. 12/07 $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 $.025 minimum payment 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 2 hour 8:00 a.m. to 6:00 p.m. East $0.25 30 min Except Sundays and $0.10 /12 min Holiday $0.05 /6 min Ellen Ave. South 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 $.025 minimum payment Fallsview Blvd Both Ferry Street and Robinson Street $1.00/1 hour 8 hours 6:00 a.m. 3:00 a.m. daily 12./07 $0.25/15 minutes Daily $5.00/8 hours $1.00 minimum payment Fallsview Blvd. Both Ferry St. Robinson St. $1.00/hour 8 hours 6:00 a.m. 3:00 a.m. 12/07 $0.25/15 min Daily $1.00 minimum payment Fallsview Blvd. East Robinson Street and Murray Street $1.00/hour 5 hours 6:00 a.m. 3:00 a.m. 12/07 $0.25 /15 minutes Daily Ferry St. Ferry St. Ferry St. Ferry St. Ferry St. Ferry St. Hunter Street 07/07 Huron St. -3- $1.00 minimum payment Both 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 $.025 minimum payment Both Ellen Ave. and Fallsview Blvd. $1.00/1 hour 2 hours 8:00 am to 10:00 pm $0.25/15 min daily South 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 $.025 minimum payment South 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 $.025 minimum payment North 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 Both Gladstone Ave. and Main St. $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 Northeast A point 20 metres northwest of Victoria $1.00/hour Avenue and a point 125 metres northwest $0.25/15 min of Victoria Avenue 8 hours 8:00 a.m. to 12:00 a.m. Daily $1.00 minimum payment South Ontario Ave. and St. Clair Ave. $0.75 /1 hour 4 hours 9:00 a.m to 5:00 p.m. $0.25 20 min Except Sat., Sundays and $0.I0 /8 min Holidays $0.05 /4 min 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. daily $0.25 /15 min $.025 minimum payment Kitchener Street South A point 65 metres west of Victoria $1.00/hour 2 hours 8:00 a.m, to 12:00 a.m.daily 07/07 Avenue and a point 100 metres west of $0.25/15 min $.025 minimum payment 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 Holidays Livingstone Street Both Stanley Ave and Fallsview Blvd $1.00/hour 8 hours 6:00 a.m. 3 :00 a.m. 12/07 $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 min Holidays $0.05 /4 min Main St. East Peer St. And Sumner St. $0.75 /1 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. 12/07 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 min 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 Main St. Main Street 12/07 Main Street 12/07 Magdalen St. East Victoria Ave. and Ellen Ave. $1.00 /1 hour 3 hours 8:00 a.m. to 12:00 a.m. daily $0.25 /15 min $.025 minimum payment Magdalen St. East Ellen Ave. And Lewis Ave. $1.00 /1 hour 3 hours 8:00 a.m. to 12:00 a.m. daily $0.25 /15 min $.025 minimum payment McGrail Ave. South Walnut St. and Centre St. $1.00 /1 hour 3 hours 8:00 a.m. to 12:00 a.m. daily $0.25 /15 min $.025 minimum payment McGrail Ave. South Magdalen and Centre St. $1.00 /1 hour 3 hours 8:00 a.m. to 12:00 a.m. daily $0.25 /15 min $.025 minimum payment 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 $0.05 /4 min Ontario Ave. East Huron St. and Morrison St. $0.75 /1 hour 4 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 $0.05 /6 min Ontario Ave. West Huron 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 Park St. Both 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 $0.10 /8 min Holidays $0.05 /4 min Park St. Peer St. Portage Rd. Queen St. Queen St. Queen 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 North South North North Both South North North -4- $0.10 /12 min A point 75 metres west of Allendale Avenue $1.00/hour and a point 155 metres west of Allendale $0.25/15 min Avenue Token 15 min $0.05/ 6 min credit card $5.00 for 8 hours 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 Ontario Ave. and Crysler Ave Main St, and Sylvia P1. Kitchener St. and North St. Zimmerman Ave Victoria Ave Zimmerman Ave and 50 m East of St. Clair Ave St. Clair Avenue and Victoria Avenue 8 hours 8 hours Holidays 6:00 a.m. 3:00 a.m. Daily $1.00 minimum payment 6:00 a.m. 3:00 a.m. Daily $1.00 minimum payment $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 $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 $.025 minimum payment $1.00 /1 hour $0.25 /15 min 2 hours 8:00 a.m. to 10:00 p.m. Daily $.025 minimum payment $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 $.025 minimum payment $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 $.025 minimum payment $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 $.025 minimum payment -5- 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 12/07 $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 /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 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 $.025 minimum payment Victoria Ave. Both Centre St. and Ferry St $1.00 /1 hour 2 hours 8:00 a.m. to 12:00 a.m. daily $0.25/15 min $.025 minimum payment 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 Victoria Ave. West Jepson St. and Stamford St. $0.50 /1 hour 2 hours 8:OOam to 6:OOpm $0.05 /6 min Except Sundays and $0.10 /12 min Holidays $0.25 30 min Victoria Ave. East Jepson St. and Ryerson Cres. $0.50 /1 hour 2 hours 8:OOam 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 /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. East Kincaid Pi. and McDougall Cres. $0.50 /1 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 Passed this twenty- eighth day of January, 2008. First Reading: Second Reading: Third Reading: January 28, 2008 January 28, 2008 January 28, 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 28 day of January, 2008. 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 28 day of January, 2008 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