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2008/09/08COUNCIL MEETING Monday, September 8, 2008 Order of Business and Agenda Package NiagaraJ lls PRAYER: Councillor Thomson ADOPTION OF MINUTES Council Minutes of August 18, 2008 Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. Big Brothers Big Sisters Jon Braithwaite, Executive Director, Big Brothers Big Sisters, will outline the launched Big Brother Recruitment drive entitled "1 Year, 100 Men" and will request Council's support. Alzheimer Society Niagara Foundation COUNCIL MEETING September 8, 2008 DISCLOSURES OF PECUNIARY INTEREST DEPUTATIONS /PRESENTATIONS Teena Kindt, Director of Development, Alzheimer Society, will be speaking about the upcoming Annual Society fundraiser which will take place on September 18, 2008. The Arthritis Society Nicole Anger, Regional Development Manager, Arthritis Society will make a deputation to Council and request that September be proclaimed as "Arthritis Awareness Month" and that a flag raising ceremony be held. CAW Local 199 Malcolm Allen, Financial Secretary will make a brief presentation to Council on behalf of the Niagara Falls Labour Council CAW Local 199 on buying Canadian. A proposed resolution has been submitted for Council's consideration. 2 PLANNING MATTERS Public Meeting AM- 2008 -021, Official Plan and Zoning By -law Amendments Application REVISED 5471, 5491, 5507 River Road and Vacant Land on the West Side of River Lane and on the Northwest Corner of River Road and John Street. Applicant: Niagara Falls Pointe Limited Partnership Agent: Michael Goldberg, The Goldberg Group Proposed 7- Storey, 119 Unit Apartment Building Background Material. Recommendation Report: PD- 2008 -80 -AND- Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from Correspondence from the Region's Planning dept. The Niagara Parks Mike Baldasio Bill Barratt, Barratt Construction Co Ltd. Dean and Leila Cruikshank Debra Jackson Ken Murphy Leslie Khan Susie Ong Marya Buckingham Public Meeting AM- 2008 -014, Official Plan and Zoning By -law Amendments Application 5688 -5704, 5710 and 5720 Main Street Applicant: 753049 Ontario Limited (Nick Vacarro) Agent: Peter Lesdow Proposed 10- Storey, 102 Unit Retirement Home Background Material. Recommendation Report: PD- 2008 -78 -AND- Correspondence from Gus and lole Crescenzi Correspondence from Barbara Allen and petition Correspondence from Guy Prata 2. Chief Administrative Officer 3 MISCELLANEOUS PLANNING MATTERS 1 Chief Administrative Officer PD- 2008 -76 CB FIG 2008 -003 RLP- 2008 -001, Historic Drummondville CIP, Facade and Commercial Building Grant and Residential Loan Applications, 5816 Main Street 1549647 Ontario Limited (Vijay Kapur) 2. Chief Administrative Officer PD- 2008 -77 CB FIG 2008 -004 Historic Drummondville CIP, Facade and Commercial Building Grant Application, 5824 Main Street 1549647 Ontario Limited (Vijay Kapur) 3 Chief Administrative Officer PD- 2008 -79 CB FIG 2008 -005, Historic Drummondville CIP, Facade and Commercial Building Grant Application, 5836 Main Street 15499647 Ontario Limited (Vijay Kapur). 4 Chief Administrative Officer PD- 2008 -81 26CD -11- 2008 -05, Draft Plan of Condominium Standard), 5727 Kalar Road (West Side), North of Lundy's Lane Applicant: Fallsview Homes Ltd. (Sergio Dosa) 5 Chief Administrative Officer PD- 2008 -82 26CD -11- 2008 -06, Draft Plan of Condominium (Standard), 2799 St. Paul Avenue (West Side), North of Riall Street, Owner Niagara Innovative Living Inc. (Mike Colaneri) REPORTS PARKS, RECREATION CULTURE MATTERS 1 Chief Administrative Officer R- 2008 -29 Bob Gale Complex Award of Tender CAO- 2008 -03 Bob Gale Complex, Donation and Recreation Fund Agreements. -4 MAYOR'S REPORTS, ANNOUNCEMENT COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 IHOP memo from the Chief Building Official recommending minor variance on two sign applications RECOMMENDATION For the Approval of Council 2. Don Ede requesting a crosswalk from Cummington Square to the Royal Bank in Chippawa RECOMMENDATION Refer to staff 3. Greater Niagara General Hospital Foundation requesting use of the tree on the Stamford Green as the "Memory Tree" for their initiative. RECOMMENDATION For the approval of Council subject to endorsement of the Friends of Stamford Village 4 Royal Canadian Legion Week Requesting that the week of September 21s`to27` 2008 be proclaimed as "Legion Week" and that a flag raising be held on Sunday, September 21S`, 2008 at 10 a.m. RECOMMENDATION For the Approval of Council 5 Canadian Kennel Club requesting that the week of September 20 27' 2008 be declared "National Response Dog Ownership Day" (RDOG Day). RECOMMENDATION For the Approval of Council Additional Items for Council Consideration. The City Clerk will advise of any further items for Council consideration. REPORTS PROPERTY MATTERS His Worship Ted Salci will request whether there is anyone present that has an interest respecting the following property matter. 1 Chief Administrative Officer L- 2008 -32 Declare Surplus Lot 217, Plan 997 FINANCE MATTERS 1 Chief Administrative Officer 3 Chief Administrative Officer 5 *Reports deferred from last Council meeting. Chief Administrative Officer F- 2008 -29 2007 Development Charges F- 2008 -28 2007 Reserves and Reserve Funds F- 2008 -30 -2007 Capital Accounts Report RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS (Councillor loannoni, Chair) RATIFICATION OF "IN CAMERA" RECOMMENDATIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY F- 2008 -36 Municipal Accounts L- 2008 -30 Release of Agreements, 6780 Buckingham Street MW- 2008 -54 Contract 2008 213 -08 Erosion Control R- 2008 -28 2008 Arts Culture Wall of Fame Inductees -6 BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2008 -147 A by -law to amend By -law No 79 -200, to recognize an existing apartment dwelling on the property (AM- 2008 -005) 2008 -148 A by -law to amend By -law No 79 -200, to introduce new definitions, regulatory provisions, and uses. (AM- 2008 -016) 2008 -149 A by -law to amend By -law No.89 -2000, being a by -law to regulate parking and traffic on City Roads. (Parking Prohibited, Stopping Prohibited, Drummond Road) 2008 -150 A by -law to establish Block 46, Plan 59M -340 as a public highway, to be known as and to form part of St. Michael Avenue. 2008 -151 A by -law to establish part Township Block 80, Plan 59M -370 as a public highway, to be known as and to form part of Garner Road 2008 -152 A by-Iaw to authorize the execution of a Condominium Conversion Agreement with 6390 Huggins Apartments Inc., with respect to the lands described as Parcel 61 -3 Section 59- Stamford, Part Township Lot61 Stamford being Parts 1, 2, 3 on Reference Plan 59R -9980 except Parts 5 6 on Reference Plan 59R- 13568, s/t Part 2 on 59R -9980 as in LT120621, t/w Part 2 on 59R -9979 as in LT120620; t/w easement over Parts 18, 20 21 on 59R -13568 as in SN216225 t/w easement over Parts 20, 26, 28 29 on 59R -13568 as in SN216225, s/t easement over Parts 11 12, 16 17 on 59R -13568 for the benefit of Part Township Lot 61 being Parts 5 6 on 59R -13568 Parts 1 2 on 59R -9979 except Parts 22, 23 24 on 59R -13568 as in SN216224, s/t easement over Pts 8, 9 11 on 59R -13568 for the benefit of Part Township Lot 61 being Parts 5 6 on 59R -13568 Parts 1 2 on 59R -9979 except Parts 22, 23 24 on 59R -13568 as in SN216224, s/t easement over Parts 3 15 on 59R -13568 for the benefit of Part Township Lot 61 being Parts 5 6 on 59R -13568 Parts 1 2 on 59R -9979 except Parts 22, 23 24 on 59R- 13568 as in SN216224 Parcel 61 -2 Section 59- Stamford, Part Township Lot 61 Stamford being Parts 22 23 on 59R 13568, t/w easement over Parts 18, 20 21 on 59R -13568 as in SN216225 t/w easement over Parts 20, 26, 28 29 on 59R -13568 as in SN216225 Parcel 61 -2 Section -59 Stamford, Part Township Lot 61 Stamford, being Part 24 on 59R 13568, t/w easement over Parts 18, 20 21 on 59R -13568 as in SM16225, t/w easement over Parts 20, 26, 28 29 on 59R -13568 as in SN216225, all in the City of Niagara Falls, in the Regional Municipality of Niagara. 2008 -153 A by -law to establish Parts 8 and 9 on Reference Plan 59R -13509 as a public highway, to be known as and to form part of Garner Road. 7 2008 -154 A by -law to establish Part 10 on Reference Plan 59R -13509 as a public highway, to be known as and to form part of McGarry Drive. 2008 -155 A by -law to establish Part 1 on Reference Plan 59R -13060 as a public highway, to be known as and to form part of Dorchester Road. 2008 -156 A by -law to establish Part of Range 18 Plan 1, Stamford, designated as Part 1 on Reference Plan 59R -13755 as a public highway, to be known as and to form part of Murray Street. 2008 -157 A by -law to declare Lot 217, Plan 997, in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus. 2008 -158 A by -law to authorize Application General(s) to amend the register to release four Agreements registered as Instrument Numbers LT7425, LT10949, LT12185 and LT21657 2008 -159 A by -law to authorize the payment of $24,399,525 09 for General Purposes. 2008 -160 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 8' day of September, 2008 NEW BUSINESS Dean Iorfida Big Brothers Big Sisters Council presentation From: To: Date: Subject: Attachments: To Dean Iorfida City of Niagara Falls City Clerk's Office Dear Mr Iorfida, On September 28, 2007, Niagara Falls Big Brothers Big Sisters, in partnership with the agencies located in Fort Erie and St. Catharines, launched our innovative and aggressive Big Brother Recruitment drive entitled "I Year, 100 Men" This initiative seeks to recruit 100 new Big Brothers in our communities by the end of September, 2008 I am pleased to announce that we are almost at 75% of our goal. However, we recognize that September will be a key month for us to reach our goal. To that end, we have designated Monday, September 8 as Niagara Falls Big Brothers Big Sisters Call To Action day On this day, we will be requesting that key members in our community support our efforts to match more boys with Big Brothers by wearing a t -shirt promoting this initiative and our recruitment website. To this end, I would respectfully like to request the members of Niagara Falls City Council consider wearing one of' these t- shirts throughout the day, as well as to the Council Meeting on that evening. I would also be honoured to speak to council on this day, outlining the activities to date, the updated progress of our campaign, and the future plans of our organization. If the members of Council are amenable to this request, I would be pleased to provide you with the appropriate sizes of t- shirts for you to distribute ahead of time. Additionally, we would like the Mayor and Council to consider the attached, an announcement proclaiming September as Big Brothers Big Sisters month in Niagara Falls. As I am sure you are aware, over 100 communities across Canada celebrate the work of Big Brothers Big Sisters throughout September, and I am proud to share with my colleagues that the city of Niagara Falls consistently supports this initiative through this proclamation and by agreeing to fly the Big Brothers Big Sisters flag at City Hall throughout the month of September Thank you so much for your support on this request. If you have any questions in regards to either our Call to Action or the attached proclamation, please don't hesitate to contact me at your convenience. Sincerely, 5104r- Jan Braithwaite Executive Director Niagara Falls Big Brothers Big Sisters Page 1 of2 Jon Braithwaite Executive Director Niagara Falls Big Brothers Big Sisters "Jon Braithwaite" <jon @niagarafallsmentors.org> "Dean Iorfida" <drorfida @magarafalls.ca> 8/8/2008 10 AM Big Brothers Big Sisters Council presentation PROCLAMATION 2008.doc Niagara Falls Big Brothers Big Sisters APPROVED file: /C:\Doeuments and Settings \di202\Local Settings\ Temp\XPGrpWise \489C19DBDomai... 8/8/2008 PROCLAMATION Big Brothers Big Sisters Month September 2008 WHEREAS, Niagara Falls Big Brothers Big Sisters is a wonderful service organization committed to matching children and youth with caring, volunteer mentors; AND WHEREAS, evidence -based research has shown that the Big Brothers Big Sisters mentoring model contributes directly to increased academic achievement, better family and peer relationships, a substantially lower reliance on social assistance, reduced criminal behaviour, and a more successful transition from school to work; AND WHEREAS, the future of Niagara Falls Big Brothers Big Sisters depends not only on its past impact, but also on the future impact of its Little Brothers and Little Sisters and the continued commitment to its Big Brothers and Big Sisters; AND WHEREAS, Niagara Falls Big Brothers Big Sisters relies heavily on the strength and dedication of its volunteers who, through their commitment and support, make a profound difference in the lives of children and youth in our community; AND WHEREAS, the agency is working with its' regional colleagues to reach their goal of recruiting 100 New Big Brothers by September 28, 2008, NOW THEREFORE, 1, Ted Salci, Mayor of Niagara Falls, DO HEREBY PROCLAIM September, 2008 as Big Brother Big Sister Month. I encourage everyone to visit the recruitment website at www.1year100men.com to learn more about the volunteer programs offered by Niagara Falls Big Brothers Big Sisters. Dean Iorfida Deputation Request Alzheimer Coffee Break From: "Christine Maloney" <cmaloney @alzheimerniagara.ca> To: <diorfida @niagarafalls.ca> Date: 7/11/2008 9 AM Subject: Deputation Request Alzheimer Coffee Break Dean, On behalf of the Alzheimer Society Niagara Foundation, I would like to request to appear before council, Monday, September 8 ,to make a deputation regarding our upcoming national annual fundraiser, the Alzheimer Coffee Break, The Alzheimer Society Niagara Foundation will invite communities in the region to host their own event during the 13 annual Coffee BreakTM campaign. This national event was the inspiration and vision of Niagara's own chapter It is estimated that more than 10,000 Coffee Breaks will take place across Canada on National Coffee Break Day, September 18 to benefit local Societies. Thank you for your consideration and I look forward to hearing from you. Christine Maloney Special Events Coordinator Alzheimer Society Niagara Foundation Ga ff 1111€ 01 lfl PRUSE -cei Page 1 of 1 file: /C:\Documents and Settings \di2021Local Settings \Temp\XPgrpwise \48772ADCDoma... 7/11/2008 August 20, 2008 Mayor Ted Salci, City of Niagara Falls, P O. Box 1023, Niagara Falls, ON L2E 6X5 Dear Mayor Salci, Sincerer /41ast r g r reole Anger Regional Development Manager The Arthritis Society Ontario Division Niagara Hamilton Arthritis Awareness Month heArthritis Society September is Arthritis Awareness Month and we would like to make our neighbours aware of this debilitating disease. There are several ways you and council can assist us: You or a member of council can participate in a flag raising ceremony at city hall during the last week of August or early in September (depending on the Mayor's schedule) to which the media will be invited Proclamation designating September Arthritis Awareness Month A 'Casual Friday' to be Dress In Blue and Raise Funds Too for The Arthritis Society or even have a staff barbecue and raise funds for The Arthritis Society We can supply posters, donation boxes and information on arthritis for the event. There are over 73,000 people (including 1 in 250 children!) in Niagara who suffer from the pain and debilitating effects of the over 100 types of arthritis. Arthritis affects one out of every five Canadians over the age of 15 and is one of this country's most common chronic conditions. Nearly three of every five people with Arthritis of working age (under 65) and two— thirds of those affected with arthritis are women. Arthritis can strike anyone at anytime, regardless of age, physical condition or ethnicity Arthritis can rob a person's life style and dignity to the point they may become totally dependent on others for care. The Arthritis Society services include: physiotherapy, occupational therapy, social work, Arthritis Self- Management Program, osteoarthritis clinics, educational materials, a toll free information line 1.800- 321 -1433, our website www,arthritis.ca that has 17,000 pages of information, and the Arthritis Registry. If you would like more information, please do not hesitate to contact me at 905 -646 -7284 Ext. 224 or nangeer@a.on.prthritis.ca. I await your positive response. Z d 90116000£9' ON /0£ 9t 1S /l£ 9l 800? 0? 90V(03M) h131009 51118H18V 3Hi 11,Odd August 20, 2008 Mr. Dean lorfida, Clerks Department, City of Niagara Falls, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. lorfida: Yours trul is F LL3CLE6'4S' TheArthritis Society Re: Arthritis Awareness Month Deputation to Council September is Arthritis Awareness Month. You can help us spread the word about arthritis, one of the top chronic diseases that affect Canadians, by putting us on the last council agenda of August or first in September Arthritis affects one out of every five Canadians over the age of 15 and is one of this country's most common chronic conditions. Nearly three of every five people with Arthritis are of working age (under 65) and two-- thirds of those affected with arthritis are women, Arthritis can strike anyone at anytime, regardless of age, physical condition or ethnicity Arthritis can rob a person's life style and dignity to the point they may become totally dependent on others for care. The Arthritis Society services include: physiotherapy, occupational therapy, social work, Arthritis Self- Management Program, osteoarthritis clinics, educational materials, a toll free information line 1- 800 -321 -1433, our webaite www.arthritis.ca that has 17,000 pages of information, and the Arthritis Registry We look forward to your favourable reply. If you have any questions, please call me or Lorna at 905-646-7284 Ext. 221. 1 remain, Al S0% a'f 1 Ieolc Anger Regional Development Manager The Arthritis Society Ontario Division Niagara Hamilton 905 -646 -7284 Ext. 224 b d 901L6000S9'ON /OC 9l 1S /lC 9l 800Z OZ 9fl (03M) X131008 SI1IdH18Y 31-11 WOZi3 Corporate Services Department Clerk's Division Inter Department Memorandum FROM: Dean Iorfida City Clerk Ext. 4271 RE. Buy Canadian Resolution NiagaraaaIls ctn tnt TO: His Worship Mayor Ted Salci DATE September 8, 2008 Members of Council Staff received the proposed resolution just before production of the agenda, therefore, we have not had an opportunity to review it, to make a recommendation to Council, Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development 7129/2008) Teresa Fabbro Council meeting Page,1 From: "CAW199" <caw199@caw199.com> To: "Teresa Fabbro (City of Niagara Falls)" <tfabbro @niagarafalls.ca> CC: "Dean (City of Niagara Falls)" <diorfida @niagarafalls.ca "Wayne Gates Date: 7/29/2008 3:56 PM Subject: Council meeting Hi Teresa and Dean, September 8th Council meeting works best for Wayne He would appreciate time to speak on: Buy Canadian Policy Build Communities Presentation from Niagara Falls Labour Council and CAW Local 199 President Wayne Gates A procurement resolution to follow Thank you, Noreen I've stopped 75 spam and fraud messages. You can too! Free trial of spam and fraud protection at www cloudmark.com <http://www.cloudmark.corn/sigs?rc=gxw77> <http: /www.cloudmark.corn /sigs ?rc= gxw77> Cloudmark Desktop Join the fight against spam! 03'u3/2009 1n 41 FAX 905 662 9393 CAW LOCAL 199 Z002 /062 Buy Canadian Build Communities a sample Procurement resolution WHEREAS: Citizens expect their governments to spend wisely, invest in their communities and recognize that the creation of healthy communities, good jobs and a strong economy are the responsibility of all levels of government; and WHEREAS' Canada's manufacturing sector is critical to the economy it is highly productive, generates the highest value added, accounts for two- thirds of our nation's total exports and funds three quarters of all private sector research; and WHEREAS: Unbalanced global trade and the uncontrolled surge in the Canadian dollar have resulted in downsizing, layoffs, bankruptcies, plant closures, and the relocation of production to off -shore locations and within North America; and WHEREAS: Canada has lost 350,000 good manufacturing jobs over the past five years. 190 every day, and the pace of job loss is accelerating across the entire range of manufacturing activity, including: high technology, resource -based and labour- intensive industries; and WHEREAS: The loss of good manufacturing jobs has devastated workers, their families and entire communities from coast to coast, and severely Iimits quality job prospects for our children and grandchildren; and WHEREAS: Governments the world over, including those of our main trading partners. clearly understand the benefits of domestic purchasing rules including: the direct and spin -off employment created, taxes generated, and the environmental benefits of local sourcing; and WHEREAS: International trade agreements signed by Canada specifically allow for domestic purchasing rules, including NAFTA and the WTO Agreement on Government Procurement, and WHEREAS: There is urgent need for the largest investments in municipal infrastructure in more than a generation, recently estimated by the Federation of Canadian Municipalities to total 123 billion just for the maintenance of existing infrastructure, and a further $115 billion to meet needs of our growing communities; and WHEREAS: The Canadian Manufacturers and Exporters have called on the federal and provincial governments to introduce Canadian content rules; the Ontario Chamber of Commerce has called upon the Ontario government to introduce Canadian content rules; and a private members bill, M -183, calling for Canadian content rules which has been passed in federal parliament. 09/03/2009 10 42 FA1r 905 682 9393 CAW LOCAL 199 THEREFORE, BE IT RESOLVED that (Municipal Councils) will work to keep good jobs in our communities by Adopting a "Buy Canadian" policy for municipal purchases which includes: requiring a minimum cif 50% Canadian content and domestic final assembly in the purchase of public transit vehicles; requiring the purchase of goods and services with the highest possible level of Canadian content; requiring potential vendors to identify the source of goods and services, and the overall level of Canadian content, as part of the tendering process; reporting annually to Council on the level of Canadian content in municipal purchases; and Identifying opportunities to enhance the level of Canadian content in future purchases. 2. Calling on the federal, provincial and territorial governments to immediately enact "Buy Canadian" legislation applying to direct public purchases, and to grants and other funding provided to municipal governments. DM or 6y Aped Id,2006 N 1pOL6nCsz.f..Y xnneaydeNYVkcoremmMacww.w Resolution FINAL API IY 200540; lit 003; 0 62 September 8, 2008 PD-2008-80 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members. Niagarafalls C 4 N a D A Re PD- 2008 -80 AM- 2008 -021, Official Plan and Zoning By -law AmendmentApplication REVISED 5471, 5491 and 5507 River Road and Vacant Land on the West Side of River Lane and on the Northwest Corner of River Road and John Street Applicant: Niagara Falls Pointe Limited Partnership Agent: Michael Goldberg, The Goldberg Group Proposed 7- Storey, 119 Unit Apartment Building RECOMMENDATION. That Council approve the application, as revised, to redesignate the lands as Residential in the Official Plan with site specific density provisions subject to a bonusing agreement under Section 37 of the Planning Act and to change the Zoning By -law to permit a 7- storey, 119 unit apartment building on the land, subject to the design changes proposed by the applicant in the revised submission. BACKGROUND The applicant has requested amendments to the Official Plan and Zoning By -law No 79- 200 for six parcels of land known as 5471, 5491 and 5507 River Road as well as vacant lands on the west side of River Lane and on the northwest corner of River Road and John Street, as shown on Schedule 1 The application is to change the Official Plan designation from Tourist Commercial to Residential and introduce site specific policies for density The draft Official Plan policy proposed by the applicant is attached as Appendix "A" The application is also to change the zoning from Tourist Commercial (TC -67) to a Residential Apartment 5E (R5E) zone with site specific provisions for reductions to the front and rear yard depths, side yard widths, landscaped open space coverage and building height. An increase in lot coverage is requested along with the establishment of a site specific lot area regulation. The applicant is proposing to develop a 119 unit apartment building on the property with two levels of parking in a parking garage, as shown on Schedules 2 and 3 The apartment building would have a height of3 storeys at River Road and John Street and a height of 4 storeys at River Lane and .Pl`iilip'Street. 431090eenStree PO Box1023 „Niagara'Falls„ON;Canada L2E6X5 90523567521 wwwniagarfalls.ca Working Together to Serve Our Community Community Services Departm Planning Development September 8, 2008 2 PD- 2008 -80 The application was originally scheduled to be considered at the Council meeting of July 21, 2008 The applicant requested deferral of the public meeting in order to respond to staffs recommendations for greater setbacks from Philip Street and River Lane and a Section 37 bonusing contribution. The applicant submitted revised plans as shown on Schedule 2 The following changes have been made to the proposal: Increase the setback of the building above the garage podium from the existing Philip Street right -of -way from 3 metres (9 8 feet) to between 4 5 metres and 6 metres (14 8 feet and 19 7 feet) Increase the setback of the building above the garage podium from River Lane from 3 metres (9 8 feet) to between 4 5 metres and 6 metres (14.8 and 19 7 feet) There is no change to the height and general architecture of the proposed building nor the number of units contained within the building. Circulation Comments City Divisions and Agencies As summarized in PD- 2008 -70 Residents A number of letters of objection have been received and are included on tonight's agenda. Planning Analysis Staff report PD- 2008 -70, attached to this staff report as Appendix "8 outlines the merits of the proposed development as summarized below Staff support the proposal in principle, noting that the building represents an appropriate transition in height between the Tourist Commercial area to the south, where taller buildings are anticipated, to the low -rise residential area to the north. Although the density of the development is significantly higher than that anticipated by the Official Plan, the density can be supported given the site's proximity to the Tourist District, open space areas and the City's arterial road network. In addition, municipal services are available to service the development. Impacts on River Road and John Street are mitigated by the creation of a street level podium along River Road and an angled landscaped setback from John Street. The focus of this supplementary report is to respond to changes affecting the setback from Philip Street and River Lane and the issue of an appropriate Section 37 contribution 1 Building Setback from Philip Street The developer originally proposed the building to be set back, from Philip Street, 2 metres (6.6 feet) at the podium /garage level and 3 metres (9 7 feet) for the rest of the building above To better reflect the established front yard setback of residences along Philip Street, staff recommended the building be set back 6 metres (19 7 feet) from this street. September 8, 2008 3 PD- 2008 -80 The applicant is now proposing to shift the building southward, setting the podium back 3 metres from Philip Street. Although portions of the wall above the podium would come within 4 5 metres (14 8 feet) of this street, most of this wall would have a setback of 6 metres (19 7 feet) The revised design is generally acceptable. Although the dwellings along Philip Street are typically set back 6 metres, many have large porches or sunrooms that project into the front yard area by about 2 to 3 metres. The proposed elevation would reflect this aspect of the street. The podium would be below the ground at the corner of Philip Street and River Lane, projecting out of the ground about 1 5 metres (5 feet) at the mid point of the block. A terrace would be created above this podium with steps down to Philip Street, creating a streetscape similar to the one created by the porches of the dwellings up the street. To further reflect the established streetscape, balconies should be set back at least 3 metres from Philip Street. The podium will be about 3 metres high at the corner of Philip Street and River Road where it will form a lobby The applicant wishes to maintain this podium to allow for a first floor terrace. This podium will be highly prominent and a facade to mitigate its impact will need to be secured at the site plan stage. Although the building has been moved closer (about 0 6 metres or 2 feet) to John Street, this is not a concern Due to the bend in the road, the streetscape of John Street is still maintained with the reduced setback. The proposed setbacks are from the current right -of -ways of Philip and John Streets. Road widenings of 0 9 metres (3 feet) are required along the length of the Philip and John Street frontages. As other dwellings on these streets are set back from the current right -of -ways, the necessary widenings will not affect the existing streetscape. 2. Building Setback from River Lane The original submission proposed the building be set back, from River Lane, a distance of 1 5 metres (5 feet) to the podium /garage level and 3 metres (9 8 feet) above the podium. Planning staff recommended the building setback, above the podium, be increased to 10 metres (32.8 feet) The applicant has expressed concern about this recommendation, noting that it will leave some of the units with odd angles and window placement. Instead the applicant has proposed to increase the building setback from River Lane by a further 1 5 metres The building would be generally set back above the podium 5 to 6 metres (16 4 to 19 7 feet) from River Lane, save and except for some projections which would be set back about 4 5 metres (14.8 feet) from River Lane. Currently, the by -law permits a 4- storey, 13 metre (42.6 foot) high motel to be constructed 3 metres from River Lane The requested R5E zone would permit a 25 metre (82 foot) high building to locate 7 5 metres (24 6 feet) from River Lane The proposed building would have a height of between 14 metres (46 feet) at the Philip Street end and 19 metres (62.3 feet) at the John Street end, with several loft projections 2 metres (6 6 feet) higher September 8, 2008 4 PD- 2008 -80 Although a more significant setback would have further reduced the massing of this elevation, the proposed setback is consistent with the intent of the current by -law provisions which call for a gradation of setbacks as the building height increases. Furthermore, the width of River Lane provides an additional 6 metre (19 7 foot) setback from the properties to the west. The resulting .setback from residential properties to the west will be about 11 to 12 metres (36 to 39 4 feet) which is in excess of the minimum setbacks expected for this height of development. The areas immediately abutting River Lane to the west consist of a parking lot for this development, parking areas for adjacent dwellings and two side yards. These areas are not expected to be excessively impacted by this development. Similar to the Philip Street frontage, balconies should be set back at least 3 metres from River Lane In addition, to ensure proper screening of the lands to the west it is essential that a dense screen of columnar trees be planted along the landscaping strip between the podium and River Lane Details of these plantings will be determined at the site plan stage 3 A Parking (P) zone should be applied to the off -site parking area. The applicant has requested the same site specific R5E zone for the off -site parking area as for the apartment building site As the off -site parking area will only be used for parking, staff recommend that it be zoned P, with provisions limiting its use to providing parking for the apartment dwelling. The P zone requires a landscape strip 2 metres (6 6 feet) wide along and adjacent to a street. The applicant has redesigned this parking area to address comments from Transportation Services. However, little landscaping is being provided The maneuvering aisle is 7.2 metres (23 6 feet) By reducing the maneuvering aisle to the 6 3 metres (20 6 feet) required by the zoning by -law and relocating some of the landscaping at the southern side of the parking area to the north side, a landscaping strip of 2 metres can be provided along the adjacent property to the north. The amending by -law should secure this landscaping strip to screen the adjacent residence, in lieu of a landscape strip along River Lane. 4 A Section 37 bonusing agreement contribution should be required. The Planning Act allows Council to pass a zoning by -law to authorize increases in height and density of development beyond that allowed by the Official Plan in exchange for community facilities and /or services. The Official Plan includes policies to address bonusing. In 2006, Council approved a 29 storey, 250 unit apartment building for the site in return for a Section 37 contribution of $500,000 Based on Council's decision, staff previously suggested a contribution of $240,000 to $250,000 be sought for the current proposal based on a 52% reduction in the number of dwelling units. The applicant has objected to this amount stating that it will prevent the project from proceeding. Section 37 payments for high -rise hotels over 30 storeys are calculated using a formula based on floor area, construction costs and a percentage contribution. The project is 56 units greater than the highest density in the Official Plan resulting in a net floor area equivalent of 5,229 square metres (56,286 square feet) Based on September 8, 2008 5 PD- 2008 -80 the City's figures, the cost of high -rise residential construction is $797.25 a square metre, therefore, the bonus floor area has a value of $4,168,820 Applying a 1% contribution would equate to a payment of $41,688 for community facilities This contribution would be adjusted for the yearly inflation rate if not built in the current year This amount falls within the range the developer has indicated he is willing to contribute. CONCLUSION. The application to amend the Official Plan and the Zoning By -law to allow a 7- storey, 119 unit apartment building on the property can be supported for the following reasons. The redesignation of the lands to Residential in the Official Plan is in keeping with the use of the abutting lands. The site is located in an area where the Official Plan allows consideration of high density development and where bonus provisions can be used in return for increased density The increased setbacks from Philip Street and River Lane has resulted in a higher degree of compatibility with adjacent development as outlined in this report. The applicant will be expected to enter into a Section 37 Bonusing Agreement with the City in order to secure capital contributions in the amount of $41,688 prior to the passing of the implementing zoning by -law The implementing zoning by -law should incorporate the site specific provisions, as outlined in this report and the attached report. Road and servicing infrastructure are available to serve the development. Recommended by Approved by Respectfully submitted: AB:Ia Attach. f Alex Herlovitch, Dire or of Planning Development L Ed Dujlovic, Execrfe Director of Community Services John MacDonal•' ief Administrative Officer S:1PDR120081PD- 2008 -80, AM- 2008 -021 5471, 5491 5507 River Rd., Niagara Fails Pointe Ltd.wpd Subject Land %f ///A Schedule 1 LOCATION MAP Amending the Zoning By -law No. 79 -200 Location: 5471, 5491, 5507 River Road,Vacant Land West Side of River Lane Applicant: Niagara Falls Pointe Limited Partnership AM- 2008 -021 July 2008 2 STOREY EXLSTNG DWELLING TO BE DEMOUSHED NO. 5507 2 1/2 STONEY IXI STNG OELLING TO BE OEMOUSHED NO. 54411 PROPOSEDI 4 STOREY MEZZANII{f) RESIDE4TIAL BUILDING ti 2 STOREY EDDYING DWEWNG TO BE DEMOLISHED NO, 5471 RESIDENT PMENRY TERRACE PROPOSED 2 LEVEL PARKING STRUCTURE (BELOW) PROPOSED 1 STOREY REGMENTML AMENITY. (A7 TERRACE LEVEL) N (3 w o PARKING'( 1 ,w Ril 71UVEU PLAN 59R— ROAD LOT 82 LINE bK 1 STOREY 6UI 1 P OE 2 LEVEL PARKING (BELOW) r CA n ct N H L PART 2 BODY OF THE AMENDMENT Appendix "A" 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. 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. shall be redesignated from Tourist Commercial, in part to Residential and identified as Special Policy Area on Schedule "A" of the Official Plan. The "Area Affected by this Amendment" shown on the map attached hereto, entitled "Map 2 to Official Plan Amendment No._" shall be removed from Schedule "E" of the Official Plan. 2. TEXT CHANGE PART 2, SECTION 14 SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: 14. SPECIAL POLICY AREA Special Policy Area applies to 0.50 hectares of land located on the west side of River Road, east of River Lane, between Phillip Street and John Street as shown on Schedule `1' attached hereto. These lands are designated Residential on Schedule "A" of the Official Plan. Notwithstanding the policies contained in PART 2, Sections 1 7.5, one high rise apartment building may be developed on the lands shown on Schedule `1' attached hereto, having a maximum building height of 7 storeys excluding the mechanical penthouse, and a maximum density of 238 units per hectare. MAP 1 TO AMENDMENT NO. SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change From. Tourist Commercial, in part Proposed Change To Residential and SPECIAL POLICY AREA CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA RESIDENTIAL TOURIST COMMERCIAL NOM: This schedule forms part of Amendment No. to the Official Plan for the City of Niagara Falls K:\GIS RdryatN. WA\ Schedules\onthgAMWM- 2Pmappingmap and it must be read in conjunction with the written text. S I:NTS AM- 2008 -021 August 2008 JUIy. 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Niagarafalls CANnnn I THIS MATTER DEFERRED BY COUNCIL Re. PD- 2008 -70 AM- 2008 -021, Official Plan and Zoning By -law Amendment Application 5471, 5491 and 5507 River Road and Vacant Land on the West Side of River Lane and on the Northwest Corner of River Road and John Street Applicant: Niagara Falls Pointe Limited Partnership Agent: Michael Goldberg, The Goldberg Group Proposed 7- Storey, 119 Unit Apartment Building RECOMMENDATION: BACKGROUND: P11- tuvo r v Appendix "B" That Council approve the application to redesignate the lands as Residential in the Official Plan with site specific density provisions subject to a bonusing agreement under Section 37 of the Planning Act and change the Zoning By -law to a site specific R5E zone to permit a 7- storey apartment building on the land subject to the design changes and standards recommended in this report. The applicant has requested amendments to the Official Plan and Zoning By -law No. 79- 200 for six parcels of land known as 5471, 5491 and 5507 River Road as well as vacant lands on the west side of River Lane and on the northwest corner of River Road and John Street, as shown on Schedule 1 The application is to change the Official Plan designation from Tourist Commercial to Residential and introduce site specific policies for density The application would also change the zoning from Tourist Commercial (TC -67) to a Residential Apartment 5E (R5E) zone with site specific provisions for reductions to the front and rear yard depths, side yard widths, landscaped open space coverage and building height. An increase in lot coverage is requested along with the establishment of a site specific lot area regulation The applicant is proposing to develop a 119 unit apartment building on the property with two levels of parking in a parking garage The apartment building would have a height of 7 storeys at River Road and Jo tri Street and a height of 4 storeys at River Lane and Philip Street. The details of the ,=too sal are shown on Schedule 2. Oic,1023 llagaralalls0 Canada t2E 67(5 905 356;7521 wwwri'iagarafalls car Working Together to Serve Our Community Community Services Department Planning Development July 21, 2008 -2 PD- 2008 -70 History In 2006, City Council supported an application (0 R.E. Development Corporation, File No AM- 06/2006) for a 29- storey, 250 unit apartment building having a density of 384 units /hectare (155 units /ac) subject to a bonusing agreement under Section 37 of the Planning Act for $500,000 Official Plan Amendment No 68 (OPA No. 68), to implement this approval, was adopted on July 10, 2006 and sent to the Region of Niagara for approval. OPA No 68 is being held in abeyance at the Region at the request of the applicant. In 1979, the lands were rezoned as Tourist Commercial (TC -67) which would allow a 4 storey (13 0 metres or 42.6 feet high) motel having 112 units subject to a minimum setback of 10 metres (32 8 feet) from River Road and 3 metres (10 feet) from any other lot line, Site Description and Surrounding Land Uses The site slopes upward from the southeast corner at River Road and John Street to the northwest corner of River Lane and Phillip Street. There are three residential dwellings on the property Lands to the west and north are residential This area has a mix of single detached dwellings, dwellings converted into multiple unit dwellings, bed and breakfasts and a small number of low -rise (3- storey) apartment buildings. Lands to the south are tourist commercial and occupied by Michael's Inn. The Niagara River lies to the east. Circulation Comments Regional Municipality of Niagara No objection The proposal will make more efficient use of land and infrastructure, and provide housing choices for residents. The project benefits from proximity to the Central Tourist District and is close to transit routes Niagara Parks Commission No objections. Municipal Works No objections. The development will increase pedestrian traffic which will heighten the need for sidewalks along River Lane Further comments will be provided at the site plan stage. Transportation Services The existing road network is capable of accommodating the estimated traffic that will be generated from the development, as demonstrated by the applicant's traffic consultant. July 21, 2008 3 PD- 2008 -70 Official Plan Road widenings of 0 91 metres (3 feet) wide are required to be dedicated along the John Street and Phillip Street frontages of the property Daylight triangles of 5 metres (16.4 feet by 16 4 feet) are required to be dedicated on the northeast corner of John Street and River Lane and the southeast corner of Phillip Street and River Lane Further details will be reviewed at the site plan stage Accesses will need to be designed to City specifications to ensure vehicles, including service vehicles, can access the property Building Services All required Building Permits to be obtained prior to commencement of construction. Planning Analysis Planning staff has reviewed the application and conducted an analysis based on Provincial Policy, the Official Plan policies and the appropriate zoning standards. Provincial Policy Initiatives 1 The proposal represents an intensification of residential development. City planning decisions must comply with Provincial policy documents. The Provincial Growth Plan for the Greater Golden Horseshoe stipulates that by the year 2015, the City is to achieve 40% of new residential growth within its existing built boundaries This is likely to occur through conversion and intensification within established neighbourhoods and the downtown. The City has a large inventory of lands prezoned for multiple family residential development. As some of these areas require assembly of properties to achieve a sufficient parcel size to develop a viable project, many prezoned areas may not be available for redevelopment for some time. The subject lands have been assembled and are ready for redevelopment. The conversion of these lands will provide an alternative form of housing not currently available, if approved 2 A change of land use designation to Residential is appropriate. The lands are currently designated Tourist Commercial in the Official Plan which permits residential development where commercial lands are in excess of demand The applicant is seeking a Residential designation with a Special Policy Area provision to permit the proposed development. As land to the west and north are designated Residential and the Niagara River lies to the east, the subject lands currently represent a commercial extension into a residential area. Given this, a Residential designation is appropriate for the land, Removal of the Tourist Commercial designation would still leave sufficient lands elsewhere in the City to meet current and future demands July 21, 2008 4 PD- 2008 -70 3 The density of the project is a departure from the Official Plan standards. The Official Plan has a maximum density of 125 units per hectare (50 units per acre) and allows building heights greater than 6 storeys for residential land generally located in close proximity to the Central Business District, other major commercial districts, parks and open space areas. Minor increases in height and density may be allowed through bonus zoning provisions (Section 37 of the Planning Act) The project is extremely dense having a density of 238 units per hectare (96 units per acre) This density is significantly higher than that contained in the Official Plan, although well below the density of 384 units per hectare (155 units per acre) of the 29 storey project previously approved by Council on the land The site's location next to the central tourist district places this site in proximity to significant commercial lands to take advantage of employment, entertainment and restaurant services. If approved, the project would provide a residential population to support the commercial uses The property is also adjacent to the Niagara Gorge an open environmental area of natural beauty and in dose proximity to Queen Victoria Park, a significant open space area. The lands are located on an arterial road at the edge of the established neighbourhood These locational advantages contribute the site's eligibility for a higher density 4 Increases in density and height can be considered through Bonus Provisions (Section 37 Agreements). Where planning principles are met, Council can consider increases in density and height in return for the provision of community facilities and services The density proposed for this development is almost twice that contained in the Official Plan The densities for redevelopment and infill projects will necessitate increases over greenfield development because of the additional cost associated with removal of existing residences and overall costs associated with land assembly The property should be considered for density bonus in return for contributions to the community The amendment should contain provisions related to the compensation to be provided. The applicant must enter into a Section 37 Agreement with City to secure the contribution to capital projects. The City has a list of capital facilities which may be eligible for some or all the contribution Contributions in the past have used formulas based on floor areas, but could be linked to the increased number of units achieved Given that Council required a Section 37 contribution of $500,000 for the previous 250 unit apartment building, compensation in the range of $240,000 $250,000 should be sought from the applicant for this project. 5 The height of the building provides a transition between the Tourist Commercial area and the Residential area. The project generally provides a transition in height between the Tourist Commercial property to the south where the Official Plan provides for building heights of up to12 storeys and the Residential lands to the north and west which provide for heights up to 3 storeys. July 21, 2008 -5 PD- 2008 -70 The developer submitted sun /shadow drawings to illustrate the effect shadows cast by the proposed building will have on adjacent lands. The drawings indicate the yards of the residential properties immediately to the west will be affected in the morning during the spring and fall periods (minimal shadows are experienced based on the summer equinox) Shadowing impacts toward the River are limited to the late afternoon or evening hours and are minimal during the summer months Therefore, no adverse impacts on the Niagara Gorge are expected 6 In order to ensure a more compatible form of development with the abutting residential area design modifications beyond those in the submission will be necessary. The Official Plan requires a complimentary arrangement of residential uses and encourages sufficient horizontal separation distances be provided between taller buildings and low rise buildings The policies also require that new development be designed to achieve compatibility with surrounding development in terms of density, building mass and arrangement. The proposed development is innovative in its design and introduces an intensive urban form that has not occurred in the City to date To mitigate the impacts of mass and appearance, the City needs to ensure the design is an appropriate fit for the neighbourhood. The project has a significant presence along River Lane and there are insufficient setbacks from the property lines to mitigate impacts of massing on surrounding properties To ensure the proposal achieves better compatibility certain building setbacks /step -backs to lessen the impact on the pedestrian realm should be sought. These include. An increased building setback from Phillip Street in line with the established residential front yard setback to the west. This would maintain the streetscape. A stepped -back for a portion of the west facade to create a terrace similar to the one proposed on the River Road side and to reduce the massing of the building facing existing dwellings. This redesign would change the building from a "U" shaped building to an "I" shaped building. The setback and step -back provisions are to be implemented through the zoning by- law as outlined later in this report. 7 Municipal services and facilities are available. The applicant proposes to meet the standard parking ratio of 1 4 parking spaces per dwelling unit. He has provided a Traffic Study that indicates the current road system can support the proposed development with no unacceptable impacts. Access to the parking structure is provided from John Street. The site is expected to be mainly reached from Falls Avenue and River Road with minimal impact on surrounding residential streets City and Niagara Parks Commission Staff has no concerns provided road widenings and daylight triangles are dedicated as required July 21, 2008 6 PD-2008-70 Zoning Underground services are generally adequate to service the development. The applicant proposes to direct stormwater flows from the site by extending the separated storm sewer from River Road at John Street to Philip Street thus replacing the existing combined storm /sanitary sewer The City's water and sanitary sewer system is adequate to support the development. The sanitary sewer system will depend on the Bender Hill Pumping Station The proponent will have to work with the Region and City to ensure adequate capacity is available for the development. 8 A modified R5F zone is appropriate. The applicant has requested a Residential Apartment 5E Density (R5E) zone with site specific development provisions to permit the project. The form of development does not fit any of the standard zoning divisions and will necessitate site specific form based zoning to reflect the unique design of the project The applicant is seeking a height of 24 0 metres (78 7 feet) The grade of the land means the building will range from 7 storeys at River Road to 4 storeys at River Lane. A building setback of 0 metres is requested along River Road. This would bring the lobby(ies) and parking structure to the streetline. This has the effect of creating a podium next to the sidewalk with much of the apartment structure set back from the lot line The applicant is requesting a 2.0 metre (6 6 foot) setback to the parking garage and a 3.0 metre (9 8 foot) setback to the residential units along Philip Street. Philip Street is an established residential street where the average front yard setback is 6 0 metres (19 7 feet) In order to maintain the character of the street a setback of 6 metres (19 7 feet) is recommended to maintain the existing streetscape of Phillip Street. A building setback of 1.5 metres (5 feet) is proposed along River Lane for the parking garage and a setback of 3 0 metres (10 feet) to the closest wall of the residential units is requested This would place a long 4 storey high wall in close proximity to the lot line and the residential properties to the west. In order to created a greater distance separation and reduce the massive appearance of the west wall it is recommended the apartment building be set back 10 metres (32 8 feet) from the lot line along River Lane for approximately 60% of the building length This would have the effect of creating a terrace on the rear of the building similar to the River Road side This redesign would change the building from a "U" shaped building to an "I" shaped building The parking garage is either below grade or partially exposed along River Lane and the requested setback would allow for a narrow strip of landscaping with columnar plantings. July 21, 2008 7 PD- 2008 -70 A building setback of 3 0 metres (9 8 feet) is proposed for the closest point of the building along John Street. Because of the irregular angle of the lot line the building's setback from this street ranges from 3 metres (9 8 feet) up to 14 metres (46 feet), mitigating massing impacts on the street and providing room for landscape buffering In addition, this frontage faces Tourist Commercial designated lands on the south side of John Street owned by Michael's Inn The applicant proposes that balconies be permitted to project into required yards by 2.0 metres (6 6 feet) rather than the standard 1 8 metres (5 9 feet) currently permitted These balconies are considered to have little impact on the massing of the building The applicant seeks a lot area coverage of 80% and a landscaped area of 10% Under the current Tourist Commercial (TC) zone a lot coverage of 70 is allowed with only 5 of the site landscaped The additional setback on Philip Street will improve the landscape provision slightly In addition, the applicant proposes to provide an amenity space for the residents on the terrace created by the top of the parking garage which would function as open space In addition, staff recommend a 2 0 metre (6 6 foot) wide landscape strip between the surface parking lot and the abutting residential lots. The proposal is for 119 apartment units to be located within the project. Depending on the actual form of the building once the recommended setbacks are included, the number of units which can be achieved may be reduced slightly resulting in a moderately lower density of development. 9 A Site Plan Agreement will be necessary. At the site plan stage the provision of such facilities as servicing, grading, landscaping details, lighting and waste disposal will be determined Staff has concerns over the design of the access for the waste disposal facility Road widening and daylight triangles will be secured at this stage. CONCLUSION: The application to amend the Official Plan and the Zoning By -law to allow a 7- storey, 119 unit apartment building on the property can be supported for the following reasons. The redesignation of the lands to Residential in the Official Plan and is in keeping with the use of the abutting lands. The site is located in an area where the Official Plan allows consideration of high density development and where bonus provisions can be used in return for increased density The applicant will be expected to enter into a Section 37 Bonusing Agreement with the City in order to secure capital contributions prior to the passing of the implementing zoning by -law A higher degree of compatibility with adjacent development can be achieved through July 21, 2008 8 PD-2008-70 the changes recommended in this report. The implementing zoning by -law should incorporate the site specific provisions, as outlined, and should include height and density of the development. The road and servicing infrastructure are available to serve the development. Recommended by Approved by Respectfully submitted: ifiedic/A4; e lr-vAlex Herlov)tch, Director of Planning Development A.Bryce /A. Herlovitch:gd Attach. S:1PDR\20081PD- 2006 -70, AM- 2008 -021, Niagara Falls Pointe Ltd., River Rd.wpd Ed Dujlovic, Executive Director of Community Services Donald, Chief Admipistrative Officer S 1 LOCATION MAP A' B ,aW No. 79 -zoo Amending the Zoning 9' River Road,Vacant Land West Side of River Lane 5491, 5507 partnership qNl- 2ool-az! Applicant on: 5471, b GU pppleta Niagara Falls Pointe Limited Schedule 2 P I1ILLIP STREE Jul 7 2008 12 U2PM REGIONAL PLANNING Fax Transmittal To: Andrew Bryce Planner 2 From: Sue Mabee Planner CC: Sue Niagara Region PUBLIC WORKS Development Services Division 2201 St. David's Road, P.O. Box 1042, Thorold ON L2V 4T7 Tel: 905. 984.3630 Toll -free: 1.800- 283.7215 Fax: 905 -641 -5208 www. reglonal.ni egara.on. ca RECEIVED JUL 7 2008 PLANNING DEVELOPMENT Fax: memory Date: July 7, 2008 0 Urgent 0 For Review 0 Please Comment 0 Please Reply No 3215 P 1 Re: Official Plan and Zoning Bylaw Amendment Pages: 4 Including cover page AM -2008 -021 5471, 5491, 5507 River Road 0 Please Recycle Good afternoon, Please find Regional comments on the above noted application. Comments regarding Regional infrastructure (Public Works) will be forwarded as a separate letter once they area finalized CONFIDENTIAL The information contained In this facsimile message Is legally privileged and confidential and le tended only for the use of the individual or entity named below. Any Other use, dissemination, distribution, disclosure or copy of this facsimile Is strictly prohibited, If you have received this facsimile In error, please Immediately notify us by telephone so that we may arrange the return of the original transmission. Thank you. ?DLit ac r! L4.261,5 Jul 7 2008 12 02PM REGIONAL PLANNING Niagara f Region July 7, 2008 Files: D,10.M 11.23 D,10.M.1121 Mr Andrew Bryce Planner 2 City of Niagara Falls 4310 Queen St., 2 Floor Niagara Falls, ON L2E 6X5 Building Community, Building Lives. No 3215 P 2 PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O, Box 1042 Thorold, ON 1.2V 4T7 Tel: 905.904 -3630 T a I I- f re e:1.0 00-2 63.7 215 Fax: 905-641.5208 www.reglonah niagara.on.ca Dear Mr. Bryce: Re: AM- 2008.021, Official Plan and Zoning By -law Amendment Applications Proposed 6 7 Storey Apartment Dwelling 5471, 5491, 5507 River Road City of Niagara Falls Regional Development Services staff has reviewed the Information circulated for the above noted Official Plan and Zoning By -law Amendment applications, The purpose of the Official Plan Amendment is to change the designation of the property from Tourist Commercial to Residential with a Special Policy Area, The Zoning Bylaw Amendment application proposes to rezone the property from the Tourist Commercial (TC) zone to a site specific Residential Apartment (R5E) zone. The amendments will facilitate the development of a 6 to 7 storey, 119 unit apartment dwellings with underground parking. Previous applications were submitted to develop a 29 storey, 250 unit apartment building on the property The application was approved by City Council and forwarded to the Region for approval, However, Regional staff recommended that the Regional Planning and Public Works Committee not support the application. The principle Issue of concern was the proposed height and density of the development, The applicant abandoned the proposal and the property was sold, The new owners are proposing a revised development that is lower in height and density in order to address concerns raised with the previous proposal. Regional staff offers the following Provincial and Regional comments to assist the City in considering the proposed development, Jul 7 20UG 12 U2PM REGIONAL PLANNING No 3215 P 3 General Land Use The subject property is located within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan. The Urban Area policies provide for a range of Industrial, commercial, and residential uses. The Regional Policy Plan, Provincial Policy Statement, and Greater Golden Horseshoe Growth Plan all contain polices that support intensification in the urban area where appropriate levels of services and infrastructure exist. Municipalities are encouraged to develop a diverse mix of land uses, a range of housing types and densities, Including affordable housing, and easy access to local stores and services. Transit supportive, pedestrian friendly urban environments are encouraged to improve transportation choice and accessibility The amendments are proposed to facilitate the redevelopment of several adjacent properties in an area where a residential neighbourhood meets the City's tourist area. The properties are within a developed portion of the City where existing Infrastructure is available to service the proposed development. The proposed development will develop the subject lot at a higher density providing for a more efficient use of urban serviced land and infrastructure through intensification. A variety of apartment styles are proposed, which provides an opportunity to improve the range of housing choices for residents with a variety of lifestyles and Income groups, The City's Central Tourist Commercial District is located nearby where a number of services and amenities are available, Future residents will benefit from easy "pedestrian" access to nearby services and amenities. Transportation choice is improved as residents will have the option to access nearby amenities and services as pedestrians or cyclists. Transit services are available in the area, which further enhances transportation choice and improves accessibility Given all of this, the proposal represents an opportunity for redevelopment that makes efficient use of [and and infrastructure, and improves housing and transportation choice, as supported by Provincial and Regional policies. The subject lands are identified in the City's Official Plan as being In a Community Improvement Area that is included In the Region's Development Charges Waiver /Exemption Program for the City's central area. The proposed development may take advantage of financial incentives that are available through Regional and City programs to stimulate redevelopment. Regional Public Works Comments related to Regional infrastructure will be provided under a separate letter once Regional staff finalizes its technical review Conclusion The proposal provides an opportunity for Intensification in the urban area that will make efficient use of land and Infrastructure and offer additional housing choice The location of the property will provide future residents with easy access to nearby services and amenities, and improve transportation choice. Regional Development Services staff has no objection to the proposed amendments from a and use perspective provided J 7 2008 12 hPPM REGIONAL PLANNING No, 3215 P 4 that any issues that may be related to Regional infrastructure are addressed. The City should be satisfied that any local issues are adequately addressed. Given the site specific nature of the application, the Official Plan Amendment Is exempt from Regional approval in accordance with the Memorandum of Understanding with Area Municipalities. If you have any questions or wish to discuss these comments, please contact Sue Mabee, Planner, or Peter Colosimo, Transition Manager, Development Services Division. Please send notice of the City's decision with regard to this application. Yours truly, Sue Mabee Planner sMr Cc: Mr W Stevens, Regional Public Works Z: \MSWORDISMINIAOARA FALLS\OPA15471, 5491, 5507 River RoadlComments.de Jul 15 2008 2 51Pv1 REGIONAL PLANNING DATE; July 11, 2008 Niagara fl Region TO: Sue Mabee Planner Development Services Division FROM; William 1, Stevens, C.E,T Development Approvals Manager No 3285 P 2 SUBJECT, Official Plan and Zoning By -law Amendment Application Applicant/Owner: Niagara Fails Pointe Limited Partnership Proposal; To permit a 7- storey, 119 -unit apartment building on the lands; required parking spaces are to be mainly located in a parking garage Location: 5471, 5491 and 5507 River Road and Vacant Land on the WS of River Lane and on the NW corner of River Road and John Street In the City of Niagara Fails City File: AM- 2008 -021 Our File: D.10.04,643420375 (ID #6667) Technical staff of the Development Services Division has reviewed the above referenced application and provides the following comments: 1) Servicing This development will be within the sanitary servicing area contributory to the Region's Bender Hill Pumping Station, which has sufficient dry weather capacity to accommodate the anticipated increased sewage flows from this proposed development. This Department will be required to review and approve any municipal servicing extensions under the Ministry of the Environment's Transfer of Review Program. Detailed engineering drawings should be submitted for approval. 2) Traffic Impact Study We acknowledge that this Department has received the River Road Traffic Impact Study completed by Deccan Corporation and revised May 2008. We Jul 15. 2@08 2 51PM REGIONAL PLANNING No 3285 P 3 Sue Mabee Planner Development Services Division July 11, 2009 Page 2 of 2 have no Regional concerns with any Transportation issues in this immediate area. We would note that beyond the above -noted Traffic Impact Study, there are 2 additional studies being undertaken, which should be referenced for this development. The Region k currently undertaking an Environmental Assessment of the Regionally -owned portion of Falls Avenue and the surrounding area, which may impact the Regionally -owned areas of Roberts Street/Newman Hill, Victoria Avenue, River Road, Bender Hill and the local area of Falls Avenue. As well, the City of Niagara Falls has commenced an Urbanization Study for this area, involving the residential and tourist sectors and proposed developments. We hope our comments will be of assistance to you in the preparation of your Regional response to this application. 11,s� Tom. W 'i l iaf am tevens, C.E.T. Development Approvals Manager Public Works Department Development Services Division CV /cm LA/eft Falls \CORRESPONDENCE 2008\1 4 6 9 2.Sue Mabee.doc et Eric L. Flora, P. Eng., CET, Associate Director, Transportation Systems Jim Zeoli, Permits, Municipal Law Enforcement Officer Peter Baker, P Eng., Associate Director, Water Wastewater Engineering Jul 3. 2008 3 18PM NIAGARA PAM' ENGINEERING No 3362 P 1 Jim Williams Chairman Niagara Parks 1 +1 Get anatant efOmnin ,irsa 1815 Dear Sir' Mr Alex Herlovitch Director of Planning and Development City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 RECEIVED JUL 3 2008 PLANNING DEVELOPMENT RE: AM- 2008 -021 PROPOSED APARTMENT DEVELOPMENT, RIVER ROAD This latest proposal has yet to be brought before The Niagara Parks Commission (NPC) however staff have reviewed the proposal and have no objections. The NPC will however require certain permits and agreements for such things as utility crossings and landscaping that the proponent has shown on lands owned by the Commission. We would appreciate a copy of the council's decision. Yours truly, Dave Gillis, MC1P, RPP /or Manager Planning Properties THE NIAGARA PARKS COMMISSION P O. Box 150, Niagara Falls, Ontario, Canada L2E 6T2 Web Site: www.niaearanaxks.com Engineering Dave Gillis Phone: 905/356.2241, ext. 260 Fax 905/366 -7262 E -Mail: npceng @niagaraparks.com July 3, 2008 John Xernahan General Manager IROcLigoattrifiag: (.lt( ku4.:2500f4=2:11 'Falk; Polunito Ann 77 'Tqoue matliparit Ittg N.Miltce‘ ardidtwsiie »f 3511 OVikrn S'grcric. Niiastritz? •Ettik,„ ehmilanio 111.71 11.672 m qpiiam:e83. to *chid kiigrigE (c.fitilmi 7/ virottca Apannoat batadi6Dg. cal tx:IR'aad thevaatisiii? ti;:; FAA avpity alontraittihr uiitf vtauttiug giudiel8iii It gifissiLcomplittb ixiio6611 ihDi tins Iisemaliffa arta.. 274e:ilit Clevks Zc n RECEIVED AUG 2 5 2008 PLANNING DEVELOPMENT Re: AM 2008 021 RECEIVED JUL 7 2008 PLANNING DEVELOPMENT This letter follows a conversation with the Planning Dept.'s Mr Andrew Bryce, concerning the proposal for an amendment on the above plan. My concerns: 1 will River Rd. have to be blocked while doing construction since there is "0" setback? 2. Will there be blasting or ram on the bedrock 3 Are there provisions by the City or developer for collateral damage to nearby properties 4 Why is there a "0" setback. 5 Has the Shell Koff collapse on the American side opposite this site in 1956 been considered 6. Does the Strabag hydo project being delayed 4 yrs. not highlight the irregular rock bed situations in this city Barratt Spun Concrete Poles Ltd., install all the concrete lighting poles along River Rd. and the rest of Niagara Falls. The poles on River Rd. had to be attached to the wall for the most part, as there was very little over burden all along this route. I would appreciate it if these concerns are considered carefully before the City makes any changes to the Official Plan and Zoning Bylaws. This large structure in general does not blend with this area to begin with, never mind the structural i roblems. Thank you for your time.. July 7, 2008 i u-tLML C LC V ?fi. Bill Barratt, Property owner: Lot 81, 4450 Philip St., Niagara Falls, On Barratt Construction Co, Ltd. Schoellkopf plant in operation c. 1 950. Start of the Gorge collapse —June 7, 1956. The collapse! The aftermath! June 12, 1956. G c r L,r t ie S' p leyk^ S a 0/ 07 July 2008 City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mr Herlovitch: Dean and Leila Cruikshank 7688 Wilson Crescent Niagara Faffs, ON L2G 454 (905) 371-9781 RECEIVED JUL 7 2008 PLANNING DEVELOPMENT ATTENTION: Alex Herlovitch Director of Planning Development Re. City File AM- 2008 -021 Niagara Falls Pointe Limited Partnership We are writing to express our opposition to the proposed development on River Road between Philip Street and John Street. The proposed development is not in keeping with the character of the neighbourhood and will have a negative impact on the surrounding residents. Please ensure that we are notified of the status of the proposed Official Plan and Zoning By -Law amendments. Thank you Sincerely, Dean and Leila Cruikshank vy.fi-n' 201,1(4,4 CLC KS L' 4468 Philip St, Niagara Falis, ON L2E IA6 July 7,2008 Director of Planning and Development City Hall, 4310 Queen St. Niagara Falis, ON L2E 6X5 Reference: AM- 2008 -021 Dear Sir/Madam: 1 am writing this letter in response to the request for amendments as per city File AM- 2008 -021 that would permit the construction of a 7 storey, 119 unit apartment building on River Road between Philip and John Streets. As a resident of Philip Street, and life -long resident of Niagara Falis,1 am asking that City Council not approve this plan. I ask that you continue to protect our beautiful Niagara River Parkway by adhering to the current height restriction of four stories, and to respect the unique character of this older residential neighbourhood. Sincerely, Debra Jackson RECEIVED JUL 7 2008 PLANNING DEVELOPMENT .1,:s C't 4�2 Please note that I wish to be notified of the adoption of the proposed amendments. RECEIVED JUL 7 2008 PLANNING DEVE ,OPMENT lac e64 Pit s �ty/'- 7 Cfr 1-2-610Y5 4 CL+1 rat- m_02- s o p A_A4-e -11 m1 Boa ce h g E -04- 1 Art-"-toi-L-di A 4 4 -14-taiA"P- ear .m44_ -(.27,4_ „o r c ,a IIII'. ..44.0 ',-c- 744 a r -CAAe. Vi A 7/ `L mac+— 6 G 1 1 34-&-te-tA 7 S, fat R fit/. tra �i l.,t7a 6�,,T� L -261111 L 08 �3 d.. „n. 4,01. ,A0-414-+:4407,9 c ?1 vry .0 e i7 n 4 t e-e/n. 1—mi et (qo 9 -5 g a_ ef 3 -e ve Q4-0 6/Che A l ie/P/C, ct-*- CMX/f7-142+1.-- 4ke 2 4Q& f cr 4-A -i r At. 444-4kArtg "pre 41A-e-ef T fr 4 dr- cid 3 83 Director of Planning Development City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 RE. City File: AM- 2008 -021 Leslie Khan Leslie Khan 4325 Bampfield Street Niagara Falls, ON L2E 1G7 July 6, 2008 oak& RECEIVED JUL 7 2008 PLANNING DEVELOPMENT Please be advised that I am opposed to the application to permit the building of a 7 storey apartment building at 5471 River Road (and adjacent lands). 4434 Philip St. Niagara Falls, ON L2E 1 A6 July, 7, 2008 Director of Planning and Development City Hall, 4310 Queen St. Niagara falls, ON L2E 6X5 Reference: AM- 2008 -021 Dear Sir/Madam: I am writing this letter to oppose the request for amendments as per city File AM- 2008 -021 that would permit the construction of' a 7 storey, 119 unit apartment building on River Road between Philip and John Streets. I will be adversely affected by this project as it will be built directly beside my property blocking the view of the gorge that I currently enjoy along with my guests who stay at my bed and breakfast, 1 suggest that City Council not approve this plan and adhere to the current height restriction of four stories. Sincerely, Susie Ong RECEIVED JUL 8 2008 PLANNING DEVELOPMENT Please note that I wish to be notified of the adoption of the proposed amendments. (7/10/2008) Yvonne Blais Fwd: Fw Apartment River Road John St. From: Alex Herlovitch /L OA To: Yvonne Blais CC: Andrew Bryce; Ken Mech Date: 7/10/2008 10:06 AM Subject: Fwd Fw• Apartment River Road John St. Yvonne Can you please include this as a response from the Public for AM- 2008 -021 and forward a copy to Clerk's at the appropriate time. Thanks Alex "Janice Wing" <janice winq @cngeco.Ca> 7/10/2008 9:59 AM r» Hi Italia, I am forwarding this to you, as per Rev. Buckingham's request. I am copying it to Planning, as well as Members of Council, so that all whom should probably receive these comments do. janice Original Message From: Marya Buckingham mailto:mhuckin1Calbecon.orq To: Janice Wing mailto:ianice winrea:4 Sent: Wednesday, July 09, 2008 11:34 PM Subject: Apartment River Road John St Please feel free to copy this E -mail or use the information herein as you see fit. RECEIVED JUL 10 2008 PLANNING DEVELOPMENT Dear Janice, 1 am unable to respond to a letter from Italia M. Gilberti of Broderick and Partners as they do not appear to have an E -mail address,) have been away and unable to have the time to get a letter to them. Since 1 am unlikely to return from an appointment in time for the meeting tomorrow night, July 10,2008, I hope you can get this information to them. My expectation is that this construction project will go through or else another will only come along. So, 1 respectfully request that an in -depth traffic study be done; that consideration be given to installing speed grids or other traffic quieting measures on Eastwood Avenue; an investigation into whether McDougall Avenue could be fully or partially (from College Street perhaps) re- opened even as a one way street. I do not wish to see reduced street parking since Rentals are common here and not everyone has adequate parking for tenants and /or guests. Some parking areas could be removed where they create blind spots (e.g. on the S.E. corner of Eastwood and College Streets, and a tree at the same location for the same reason. Finally I question the number of units in the proposed project simply because of the volume of traffic in our nelghbourhood and on River Road. This is a quiet, family area with some historic importance, and an attractive place to live. I hope that this atmosphere may be maintained by thoughtful traffic distribution and increased safety and tranquility for all. C These are the concerns I would like to present were I to attend: Since the closure of McDougall Avenue in our neighbourhood, Eastwood Ores. has frequently become a traffic nightmare. It is doubtful Residents of any apartment located at the proposed site are going to use streets other than Eastwood when accessing Victoria Avenue in order to reach Ferry Street, Clifton Hill, the Highway ramp to Roberts Street or use it as a preferred access to go North on Victoria Ave. Thus traffic volume and high speed on Eastwood, a family neighbourhood that can include children playing, skateboarding etc, is of dire concern. Page 1 Regarding the volume /congestion and noise an Eastwood The street is used by trucks, cars, tour buses, taxis, motorcycles, service vehicles and Police. It can be so noisy that conversation on the street or a verandah has to be paused while a vehicle goes by. Congestion has been steadily increasing. Presently it is becoming a regular occurrence to have 3 -7 cars waiting to turn onto Victoria at various times of day. Westbound traffic can become quite heavy here. Of greatest concern is that this is a very winding street with many blindspots both for East and West bound traffic. Eastbound traffic has frequent tourists passing through. often distracted trying to find their way it Is also used as a bypass from Roberts Street to avoid Victoria Avenue and as an access to Palmer and Ontario Avenues by people heading downtown to work have personal knowledge of this). Excessive speed is common place and even very noticeable with westbound Police vehicles, the latter understandably with lights flashing. Flashing lights do not reduce the serious hazard of high speed (60 +KMPH) especially if there is a lineup to access Victoria Avenue which is not very obvious because of the curve at the top of the street. Parking for deliveries to the Jade Garden Restaurant pose another obstacle at that point in the turn. I have seen several instances where a head on collision was seconds short of occurring. (7/10/2008) Yvonne Blais Fwd: Fw' Apartment River Road John St. Thank•you for your atttention to this matter, Sincerely, Marya F Buckingham, 4674 Eastwood Avenue Niagar Afalls, On L2E 165 905- 356 -5228 mduckint Becon ora 1 am using the free version of SPAMfighter for private users. It has removed 27 spam emails to date. Paying users do not have thls message in their emails. Try SPAMfighter htt.: www..amfi•hter. om le for free now! Page 2 September 8, 2008 PD- 2008 -78 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Re. PD- 2008 -78 AM- 2008 -014, Official Plan and Zoning By -law Amendment Application 5688 -5704, 5710 and 5720 Main Street Applicant: 753049 Ontario Limited (Nick Vacarro) Agent: Peter Lesdow Proposed 10 Storey, 102 Unit Retirement Home RECOMMENDATION: Niagarafalls c,�nnnn That Council approve the application to site specifically add a Special Policy Area designation to the Official Plan and to change the zoning of the land to a site specific Residential Apartment 5F Density (R5F) zone to permit a 10 storey, 102 unit retirement home, including a clinic, on the property subject to the landscaping requirements recommended in this report. BACKGROUND: The applicant has requested amendments to the Official Plan and Zoning By -law No. 79 -200 for lands known as 5688 -5704, 5710 and 5720 Main Street, as shown on Schedule 1 The application is to amend the Official Plan to add a Special Policy Area designation to the property to permit a retirement home with a greater height and density than currently allowed The draft Official Plan amendment is attached as Appendix "A" The application also requests the zoning to be changed from General Commercial (GC) to a Residential Apartment 5F Density (R5F) zone with site specific provisions to address density, front and rear yard depths, side yard widths, landscaped open space coverage, lot coverage and building height. The applicant is proposing to develop a 102 unit retirement residence on the property, which has a density of up to 251 units per hectare (102 units per acre). The 10- storey building would have a height of 37 metres (121 feet) The site plan, Schedule 2, was recently revised in response to public and staff comments. .4 gli r ee '•b 8O 1 N a n'a. a 4310�QueemStreet PO'�tlox 1023`GNiagara Falls r ON Lanada,L2E 1 6X5 905- 356 7521 wwwmagarafalls ca" Working Together to Serve Our Community Community Services Department Planning Development September 8, 2008 2 PD- 2008 -78 Site Description and Surrounding Land Uses The site slopes upwards from north to south. Two single detached dwellings exist on the lands Lands to the north and west are used for a variety of institutional and commercial purposes, including doctor's offices, clinics, a funeral home and the Coronation Centre. Lands immediately to the south and east are occupied by detached dwellings, but are zoned for commercial purposes Lands further to the east, fronting on to Banker Avenue are residentially designated and zoned lands with single detached dwellings on them. Circulation Comments. Regional Municipality of Niagara No objections. The proposed amendments will facilitate development that is consistent with Provincial and Regional policies, makes efficient use of urban serviced land and provides housing choices for retirees. Transportation Services No objections to the proposed amendments. No traffic study is required as the proposed retirement home is expected to generate only a modest amount of traffic. The proposed loading area off of Summer Street is not recommended as delivery trucks would be forced to back out onto Summer Street. It is recommended these deliveries occur off of Main Street in front of the building. (The site plan has been revised to address the concern.) A 1 5 metre (5 feet) road widening is required along the length of the Main Street frontage. Municipal Works No objections. The applicant will need to provide a stormwater management report to the City's satisfaction at the site plan stage to address stormwater discharge restrictions that apply to this area. Parks, Recreation Culture No objections, however, a 3 metre (10 foot) wide landscape strip should be provided along adjacent residential properties to screen adjacent residents from the height of the proposed building Building and By -law Services, Fire Services Legal Services No objections. Further details will be addressed at the site plan stage September 8, 2008 3 PD- 2008 -78 Residents One letter of objection has been received to date and is included on tonight's agenda. Neighbourhood Meeting The applicant held two neighbourhood meetings on July 22 and July 24, 2008, to present the application to interested residents and to answer any questions or concerns voiced All landowners within 120 metres (400 feet) of the project were notified of the meetins, and a number of residents attended Although a number of questions were asked, no concerns were raised Planning Analysis Provincial Policy Initiatives 1 The proposal is supportive of Provincial policy City planning decisions must comply with Provincial policy documents. The Provincial Growth Plan for the Greater Golden Horseshoe stipulates that by the year 2015, the City is to achieve 40% of new residential growth within its existing built boundaries. The proposal supports the Province's goal by consolidating smaller underutilized lots to provide a more readily developed site and takes advantage of existing services. The development will provide an additional housing options. Official Plan 2. The development of a mixed use commercial project on the site complies with the Official Plan and the Historic Drummondville Community Improvement Plan. Minor Commercial lands are intended to be developed for commercial uses that serve the surrounding community The Official Plan also allows commercial lands to be developed with mixed use projects consisting of ground floor commercial uses and upper floor residential uses. The mixed use building is also supported by the Historic Drummondville Community Improvement Plan which envisions the development of new medical related uses in this area to complement the hospital, clinics and doctors offices already in this area and additional housing to support local businesses. 3 The density of the development is an appropriate departure from the Official Plan due the nature of the development and its location. The Official Plan allows a maximum density of 100 units per hectare (40 units per acre) for conventional apartment buildings in or close to minor commercial areas. The proposed retirement home has a density of 251 units per hectare (102 units per acre). According to the applicant the number of units is required to make the project viable due to the land assembly involved. Staff is supportive of the density of the project given its location within easy proximity of transit routes, medical facilities, the September 8, 2008 4 P0- 2008 -78 Coronation Centre and shops, restaurants and services including Sylvia Market Place. The residents would be able to access and support a wide range of businesses nearby The surrounding road network can support the density of the project. Land use impacts are not expected as a result of the increased density 4 The proposed building height is an appropriate departure from the Official Plan. Development in minor commercial areas is limited to a maximum height of 6 storeys to ensure an appropriate transition to surrounding development with lower building heights. The proposed development is 10 storeys high, plus a decorative roof feature This departure from the City's height policies is acceptable given the site's proximity to the Clifton Hill tourism subdistrict where building heights up to 12 storeys can be considered The Park Plaza Hotel, which has a height of 11 storeys and about 45 metres (150 feet), is located within this subdistrict. Whenever increases in height are proposed it is necessary to demonstrate that the increase will not adversely impact on the surrounding land uses. Properties to the south, north and west of the site are designated, and mainly used for commercial or institutional uses and are not expected to be impacted by the development. Although the properties immediately to the east of the land are used for residential purposes they are zoned and designated for commercial purposes and are expected to eventually be developed for commercial purposes. The tower portion of the building is set back about 32 metres (105 feet) from the residentially designated lands that front onto Banker Avenue. This separation distance provides a 1 1 to 1 height to setback ratio, an adequate separation from these dwellings for a building this height. Current regulations would allow a 4 storey building to locate on the subject land within a few feet of these properties. The applicant has submitted an updated shadowing analysis that indicates there will be no shadowing impacts on these residences at the time of the summer solstice (June 21) On March 21 and September 21, it appears that a couple of the properties may briefly be affected by shadowing during the late afternoon (around 4 pm) These impacts are not considered significant. Furthermore, a building built under current zoning standards would be expected to have similar shadowing effects To assist in reducing impacts on the residential properties fronting onto Banker Avenue, it is recommended that landscaping and tree planting be provided to screen adjacent residences. 5 Municipal Services and Transportation Infrastructure cart support the project. As most residents in retirement homes do not drive, the project is not expected to generate a significant amount of traffic. Except for a couple of parking spaces on the south side of the building intended to be used by staff, the parking areas are accessed from Main Street, which can accommodate the additional traffic without impacting on local streets. September 8, 2008 5 PD- 2008 -78 There is adequate water and sanitary infrastructure to support this project. As the surrounding system still utilizes combined services, stormwater will need to be controlled. At the site plan stage, the applicant will be required to submit a stormwater management report that demonstrates stormwater will be contained to the site. Zoning 6 A modified R5F zone is appropriate. The current GC zoning of the subject lands would permit the development of a commercial or mixed use building up to 4 storeys in height as close as 3 metres (10 feet) to the rear lot lines of the residences fronting onto Banker Avenue, and with no setback from the rear and side lot lines of the properties fronting onto Summer Street. The proposed standards would establish building setbacks significantly larger than those currently permitted To ensure adjacent residences are screened from the parking area and space is provided for snow storage, a landscape strip at least 1 5 metres (5 feet) in width is now proposed behind 5843 and 5853 Summer Street. In addition, the irregular landscape strip illustrated on Schedule 2 behind the Banker Avenue residences will also be secured. To accommodate the above noted landscape requirements the width of the maneuvering aisles will have to be reduced slightly from the 6 3 metres (20 7 feet) to 6.0 metres (19 7 feet) The reduced aisle widths will still comply with accepted guidelines for aisle widths. The By -law requires the erection of a decorative wall or fence, with a minimum height of 1 metre (3 3 feet), between Main Street and the driveway in front of the building. This wall or fence is to be set back 1 metre from the front lot line, however, due to the need for this driveway to accommodate delivery vehicles, it is recommended this decorative wall be allowed to be located up to the property line. The following additional site specific standards to accommodate the project are recommended' A reduction in lot area per unit, from 57 square metres (613 square feet) to 39 square metres (419 square feet) is appropriate given the small sizes of the retirement units. A reduction in the front (Main Street) yard depth, from 7 5 metres (24.6 feet) to 0 3 metres (1 foot), is only required to accommodate a canopy (port cochere). To ensure Main Street is not crowded by the tower, the by -law should also secure the proposed setback of the building tower, which is 10 metres (32.8 feet) from the current lot line. A reduction in side yard width (the lot lines abutting the side lot line of 5726 Main Street and 5861 -5853 Summer Street) from one quarter of the building height (9 7 metres or 31 9 feet) to 1.2 metres (4 feet) along the southerly side lot line and 3 metres (9 8 feet) along the easterly side lot line, are acceptable only for the 1 -2 storey podium components. These podium components have September 8, 2008 6 PD- 2008 -78 limited height and mass and are not expected to impact on surrounding properties. The amending by -law should secure the siting of the proposed tower, which is set back 2.2 metres (7 6 feet) from the southerly side lot line and between 5 8 metres (19 feet) and 14 3 metres (47 feet) from the easterly side lot line. Other Matters A reduction in the building setback from the northerly lot line, from one half the building height (19 4 metres or 63.6 feet) to 8 8 metres (28.9 feet) is appropriate as the commercial and institutional uses to the north will not be impacted by the reduction. An increase in lot coverage, from 30% and 36 is required to accommodate the provision of underground parking. The proposed lot coverage is approximately half of what is currently allowed on the site. An increase in building height, from 28 metres (92 feet) to 37 metres (121 feet) is acceptable as most of the height increase is to accommodate a decorative roof feature that does not add significantly to the mass of the building. This roof feature helps improve the appearance of the building. A decrease in landscaped open space, from 55% of the lot area to 22 is acceptable only if the landscaped open space strips outlined above are provided. It should be noted that there are no landscaping requirements under current zoning. The applicant is requesting the City's typical retirement home parking standard of 0 6 spaces per living unit be applied to the project. The parking for the clinic will be provided at the current zoning standard (3 spaces per practitioner) Due to the site's location in the Historic Drummondville Community Improvement Plan(CIP) area, the proposal is eligible for the Revitalization Grant Program as well as the Development Charge Exemption Program (which waives up to 75% of the development charges applied by the City) In addition, the proposal could qualify for certain reductions in Regional development charges if the proposal fits under Smart Growth initiatives As the proposal exceeds the height and density ranges stipulated in the Official Plan, Council could require the developer to enter into a bonusing agreement under Section 37 of the Planning Act to obtain contributions to certain facilities in exchange for allowing the increased height and density However, given its location in a CIP area which is targeted for revitalization and redevelopment and where projects can qualify for grants from the City and other levels of government, a bonusing contribution is not recommended At the site plan stage such matters as lot grading, stormwater management, fencing and buffering, waste disposal, safe access and lighting will be determined. The applicant has submitted a revised site plan that moves the loading area off of Summer Street to the front of the building, off of Main Street. This new loading area will ensure safe ingress and egress of delivery vehicles and will result in less disruption for Summer Street residents. September 8, 2008 CONCLUSION The application to amend the Official Plan and the Zoning By -law to allow a 10 storey, 102 unit retirement home and clinic on the land can be supported for the following reasons. The proposal supports Provincial policies which call for intensification and efficient use of urban land. The retirement home will add housing choices for senior citizens and the clinic will complement medical facilities in the area. Road and servicing infrastructure are available to serve the development. A. Bryce:mb Attach. 7 PD- 2008 -78 The development of a high density, mixed use project on the site will support redevelopment plans in this area, will introduce compatible uses and will not adversely impact surrounding uses. Increasing the height of the building to 10 storeys will not impact on adjacent, commercially zoned properties and should not adversely impact nearby residential properties. The implementing by -law should incorporate site specific provisions to allow the project as shown on Schedule 2 as well as securing landscape strips along adjacent residential properties. Recommended by Approved by Respectfully submitted: lieN U L S: \PDR\20081PD- 2008 -78, AM- 2008 -78. 5688 -5704 5710 5720 MainSt.wpd Alex Herlovitch, Director of Planning Development Ed Dujlovic?eputive Director of Community Services John Maclbnald, Chief Administrative Officer 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. 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 Amendment No. 80 shall be identified as Special Policy Area on Schedule "A" to the Official Plan, TEXT CHANGE 14.55 SPECIAL POLICY AREA "55" S:\ZONING\ ATv4S120081AM- 141Draft OPA.wpd APPENDIX "A" PART 2, SECTION 14 SPECIAL POLICY AREAS is hereby amended by adding the following new subsection: Special Policy Area "X" applies to approximately 0.3890 hectares of land with approximately 80 metres of frontage on Main Street between Summer Street and North Street. Notwithstanding the Minor Commercial Policies that apply to this property, a retirement home not exceeding 10 storeys in height and 102 units is allowed to be developed. Notwithstanding the maximum density for residential development this property shall be permitted to have a maximum density of 251 units per hectare. The zoning for the site shall permit a mixed use development with a clinic on the ground floor and the remainder of the building as a retirement facility including communal dining facilities and amenities for the residents. To ensure compatibility with the existing development the amending by -law shall require high quality landscaping, fencing or other appropriate buffers. MAP 1 TO AMENDMENT NO. SCHEDULE A TO THE OFFICIAL PLAN Area Affected by this Amendment Proposed Change To Add: SPECIAL POLICY AREA taxl s� s. SPRING ST NORTH ST sal EMERY ST ktxx \\NNV 1111 l SUMMERST Jai CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE A FUTURE LAND USE PLAN 1 MINOR COMMERCIAL RESIDENTIAL NOTE: This schedule fonts part of Amendment No. to the Official Plan for the City of Niagara Falls x:\crs_nreaes s 2Ooevsvh edmes'uomslMw.M- w'.yqiogm.e and it must be read in conjunction with the written text. I :NCS AM- 2008 -014 August 2008 Subject Land Schedule 1 LOCATION MAP Il NORTH ST 111- r:. II„ m rp tit EMERY S 911 SUMMER ST mip ummeRsT Impr sae UMDY'SlANE FERRY ST NORTH ST FERRY ST FERRYST UMW wisseass limmarnat et SU 011 1 11 ty of Niai ara Fa k I H 111 EMER Amending the Zoning By -law No. 79 -200 Location: 5688 -5704, 5710 and 5720 Main Street Applicant: 753049 Ontario Inc. (Nick Vaccaro) AM- 2008 -014 July 2008 Schedule 2 lllllllll Mr Mrs. Gus Crescenzi 5861 Summer Street Niagara Falls, Ontario L2G 1M6 August 25, 2008 Mr. Alex Herlovitch Director of Planning Development City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Sir Re: 5688 -5704, 5710 and 5720 Main Street Zoning by -law amendment application city file AM 2008 -014 753049 Ontario Limited (Nick Vaccaro) We are the owners of 5861 Summer Street which is contiguous to the subject land here in We have concems with respect to this application 1 The zoning by -law provides for 40 units per acre, whereas in this application, the applicant is applying for 102 units per acre and a ten storey building. We object to this as the zoning by -law provides for only four to six stories maximum. A ten storey building would be totally out of character for the area. 2. The application also provides for a delivery/ receiving area off Summer Street. The applicant has agreed to change this. If the delivery /receiving area is changed to Main Street, we would not object to the receiving area, provided there is no ingress and egress from Summer Street. 3. We object to the area designated for the swimming pool area and believe it be moved to the north part of the property 1f these concerns are met and the building is reduced to six stories, we would be supportive of the application. Yours truly, Gus lole Crescenzi ZUh\r j C e_t k> RECEIVED AUG 2 0 2006 PLANNING 8 DEVELOPMENT et- c ✓6text This letter is to provide input for the proposal of the lands at 5688 -5710 and 5720 Main Street (Roll Nos. 2725 060 004 04700, 2725- 060- 004 05000, 2725 060 -004 -05100 and 2725 060 040 09900). This land has been in desiree for the past several years. The proposed site is to be turned into a retirement home for it is only zoned for 4 -6 stories but asking for a 10 story building instead. The current site has not been maintained including the deserted houses and now the dump truck loads of dirt that has been put on the property for a number of years. Without the mention of the level of grass not being cut until the city has been notified about the condition of the land. My property is behind and off to the side of the proposed site. I am against the 10 story unit but am in favor for the standard 4 -6 levels that it is originally zoned for. Providing certain conditions are met a buffer zone along the property, the laneway on Summer Ave Also adequate parking for the residence as well as their company that may visit. Banker Ave, Temperance and Emery are busy enough with the parking of vehicles for the hospital. 04 his A' r August 18/08 Barbara Allen r GUfl i C 1 erk`, Barbara Allen 5691 Banker Ave. Niagara Falls Ont. L2G -469 AM- au —c RECEIVED SEP -2 2008 PLANNING DEVELOPMENT Name Signature August 16 \08 This is a petition in respect to the property on Main Street for a 10 story Retirement Home. This property is zoned for a 4 -6 story building, for signing this petition I would be in favor of the proposal for that of a 4 -6 story building only and not that of a 10 story building. Provisions providing that there be adequate parking a buffer zone and removal of the laneway on Summer Ave. 1 c X E,,, :y TAti4( 191%1. O\C% 1 Cp-Yp &`J i L (7 -C R 1 '(J-'7 I 1/ L Address s767 sw"), r.. l Phone S 1 f; L t ';CS 33`'f tn/(v Sl5'1 Cw r G leC S. 7th C /L7'1 K�(y 75/ 1 ->c S 3 s/ y,y 5/-97,y 71 r.. L l g 7 5 T N r -o.f-14- /No 9e 3.0,,5 -917 ccliD V c f.)cv1,-..m— t 1.1 r k /eh)) 317, 7)( N 4 L Gvl t.5 705- Pi 1 1 /4/„,i— 5 `f �3 f ritx- s s 5 C� I Ch Mci.�:c 42 1 .i'-t_ i hltlo j .I 7�' _575 ,f .ex _1. v:_- a L 1 A 5 7 ti? S q-'/0/-/Y9 I r)--PEI riIi1 i *_A(q ,c{((,-. (c' -J��r scot).- 2 .gym o .^ti P- 1 e S 35`'f 3 *g• n r &f4Dcfs O' /Vf .�P R< Sr 7/ /SSs' 05 0 Sz L .I� IfiCC l k 6) August 16 \08 This is a petition in respect to the property on Main Street for a 10 story Retirement Home This property is zoned for a 4 -6 story building, for signing this petition I would be in favor of the proposal for that of a 4 -6 story building only and not that of a 10 story building. Provisions providing that there be adequate parking a buffer zone and removal of the laneway on Summer Ave. i c C\ r Name Signature Address Phone y 0 1 6 2 1 3 4 0 3 5444'# Pel SC 3 s'g 3 f 5853 Summer Street, Niagara Falls, Ontario L2G 1M6 August 25, 2008 Delivered Mr Alex Herlovitch Director of Planning Development City of Niagara Falls 4310 Queen Street, Niagara Falls, Ontario L2E 6X5. Dear Sir Re: 5688 -5704, 5710 and 5720 Main Street Zoning By -Law Amendment Application City File: AM- 2008 -014 753049 Ontario Limited (Nick Vaccaro) I am the owner of 5853 Summer Street and 5843 Summer Street, which are contiguous to the subject lands herein. I have the following concerns with respect to this application. 1. The zoning by -law provides for 40 units per acre, whereas, in this application, the applicant is applying for 102 units per acre and a 10 storey building. I have concerns to this as the zoning by -law provides only 4 to 6 stories. A 10 storey building would be totally out of character for this area. 2. The application also provides for a delivery/receiving area off Summer Street. The applicant has agreed to change this. If the delivery/receiving area is changed to Main Street, I would not object to the receiving area, provided there is no ingress and egress from Summer Street. 3. Granted that the west side of my property line is 100 feet in len nd the north backyard is 65 feet in width, I have great concerns about e rainage from the ipplicant s property as it could have a serious effect on the contiguous properties on Summer Street. I would want to be involved in the Site plan process and would require an engineer to certify that the drainage will be proper and would have no effect on the contiguous properties. If these concerns are met and the height of the building is reduced to eight stories, we would be supportive of the application. Your 'anhful Guy Prata. c.c. Brian Sinclair, Q.G. (t �1M -2 cP,- G RECEIVED SEP -22008 PLANNING DEVELOPMENT NOTICE OF APPLICATION PUBLIC MEETING Niagaraf qitikS 568875704, 5710 and 5724 Main Street (Roll Not 2725- 060 -004- 04700, 2725-060-004-05000,2725-040- 00405100 and ,725. 060 00409900) Official Plan and Zoning By -law Amendment Application City File: AM -2008 -014 753049 Ontarto.T.imited (Nick Vaccaro) PROPOSED CHANGE An application to permit a 10 storey retirernent me, with up to 102 private living units and 137 eds, and a clinic and a health centre, on the lands. Schedule 1 shows details of the proposal AVE YOUR SAY Input on any proposed Official Plan or Zoning By- law Amendment is welcome and encouraged. You an provide input by speaking at the public meeting or by making a written submission. PUBLIC MEETING Date: September 8, 2008 Time: 7:00 PM Place: City of Niagara Falls Council Chambers, City Hall 4310 Queen Street WRITTEN SUBMISSION ORE INFORMATION To provide input in writing, or request notice if the proposed Official Plan and Zoning By -law amendments are approved, please submit a letter to the Director of Planning Development, City Hall, 4310 Queen Street, Niagara Falls, Ontario, L2E 6X5 by September 5, 2008. For more information please contact Andrew Bryce, Planner 2, at (9051356-7521, extension 4232 or by visiting le Planning and Development Division, second floor City Hall, between the hours of 8.30 a.m. and 4.30 p.m. A copy of the proposed Official Plan amendment is al ailable for public review in the Planning and Development Division, Monday through Friday between 8.30 a.m. and 4.30 p.rn. A copy of the Planning and Development Division's Recommendation Report on the application will be available after 4 p.m. on September 3, 2008. Working Together to Serve Our Community Schedule 1 c. F qt' 0 September 8, 2008 PD- 2008 -76 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members. NiagaaJalls Re PD- 2008 -76 CB &FIG 2008 -003 RLP- 2008 -001, Historic Drummondville CIP Facade and Commercial Building Grant and Residential Loan Applications 5816 Main Street 1549647 Ontario Limited (Vijay Kapur) RECOMMENDATION: 1 That Council approve the above noted applications for a Facade and Commercial Building Improvement Grant in the amount of $20,000 and a Residential Loan of $46,000 for a vacant commercial building subject to meeting the program requirements including the entering into the necessary agreements with the City 2 That if Council approves the applications, that the Mayor and Clerk be authorized to execute the agreements. BACKGROUND The City has received a Facade and Commercial Building Improvement Grant Application and a Residential Loan Application for 5816 Main Street. A location map identifying the property is shown on Appendix 1 The property contains a vacant building that was formerly used as a chiropractic clinic. The owner wishes to improve the facade with new windows and door, a new awning and brick front. The structural improvements include a new furnace, heating and cooling system and improved ventilation system. The owner also wishes to obtain an interest free loan to construct a second storey with four residential apartments. The proposed improvements are eligible expenses under the financial incentive programs of the Historic Drummondville CIP The current front of the building consists of a dark wood cladding and shingles. The proposed change is for a complete brick front with decorative panels below the large front window The proposed expenditures for the facade and building improvements is approximately $100,000 The proposed construction of the apartments will cost approximately $250,000 and the owner is seeking a interest free loan of $46,000 under the City's Residential Loan Program. A concept drawing of the building is shown on Appendix 2. ueen Street POMBox 1023Nagara Falls ON y Canad 42E 6X5 905-36:-752 wwvv.niaga rat a q Working Together to Serve Our Community Community Services Department Planning Development September 8, 2008 2 PD- 2008 -76 The adjoining property to the south is also owned by Mr Kapur and he has applied for a Facade and Commercial Building Improvement Grant for this property The parcels are separate, but the owner plans to merge them together as access to the proposed apartments will be through the adjoining property's apartments. Although they represent separate applications and separate parcels of land, the redevelopment will occur as one large project. The property is also subject to a minor variance application before the City's Committee of Adjustment. The hearing will take place on September 9, 2008 and the minor variance application will have to be approved as part of the grant and loan approval process CONCLUSION: The Facade and Commercial Building Improvement Grant and Residential Loan for 5816 Main Street will enhance the current vacant building and add new residential apartments to the area. The improvements will have a positive impact on the revitalization of the Historic Drummondville area and staff recommends that Council approve the applications subject to meeting the program requirements. Recommended by Approved by Respectfully submitted: B.Bolibruck Attach. Alex Herlovitch, Direct Ed Dujlovic, Execu of Planning Development n MacDonald, Chief Administrative Officer S: \PDR\2008 \PD- 2008.76, Facade Commercial Building Grant and Residential Loan Vijay Kapur (1).wpd Location Map 5816 Main Street APPENDIX 1 ��s II 111 Illllllllliliiy 11111. um .I® IIIIII�� 111111�r� x.1111111111111 s ool ma111 111111 immust Ri o 11 1 trill 1 lip I��ii =il�iE 11111110 .I ♦c ■1�11111��II� 1� 11�� ile� 1 5 11 111111 111 ii11111111 R .uIm IIIiI os 41111G 1111 5816 Main Street Historic Drummondville Community Improvement Project Area 1:NTS August 2008 K: \GIS_ Requests\ 2006\ Custom \Internal\ Planning \CIP \Historic_Drummondvllle. map Foundations of facade wall Inline with next building Wooden motifs to bring dchnoss of Heritage In Design New dote Wall for Foca Upllt ing 5816 MAIN STREET 5824 MAIN STREET Ontario LTD N 1549647 5816 Main Street Niagara Falls ON vans nrU West Elevation roGiCr 0 0. Wager 0 ._t tool AESTHETE CONSULTANTS A -05 WOW I September 8, 2008 PD- 2008 -77 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members. Re PD- 2008 -77 CB &FIG 2008 -004, Historic Drummondville CIP Facade and Commercial Building Grant Application 5824 Main Street 1549647 Ontario Limited (Vijay Kapur) RECOMMENDATION: Niagaraflalls 1 That Council approve the above noted application for a Facade and Commercial Building Improvement Grant in the amount of $20,000 for a mixed use building subject to meeting the program requirements including the entering into an agreement with the City 2. That if Council approves the application, that the Mayor and Clerk be authorized to execute the grant agreement for the facade and commercial building improvement. BACKGROUND The City has received an application for a Facade and Commercial Building Improvement Grant for 5824 Main Street. A location map identifying the property is shown on Appendix 1 The property contains existing offices and a retail use on the first floor and apartments on the second floor The proposed improvements include a redesign of the front brick facade with new windows and awnings. The proposed structural improvements include repair of the roof, repair of the heating and ventilation system and a new air conditioning unit. The owner is proposing to spend more than $100,000 in building improvements. Appendix 2 illustrates the proposed facade for the building. The front of the building will be similar in appearance to the adjoining property to the north which is also owned by the applicant and subject to separate grant and loan applications. The proposed apartments on the adjacent property are proposed to gain access through the hallway of the existing apartment building. Such access can only legally occur if the properties are merged together as one parcel. The owner intends to carry this out, but would like to obtain approval as a separate parcel for the purposes of obtaining the grant approval. 4310QueenStreet PO Box, 023 Niagara,FaOs Ofd Canada 12E6X5 wwwmagarafallsca: Working Together to Serve Our Community Community Services Department Planning Development September 8, 2008 2 PD- 2008 -77 CONCLUSION The Facade and Commercial Building Improvement Grant will improve the appearance of the existing building and have a positive impact on the revitalization of the Historic Drummondville CIP area. Staff recommends that Council approve the application subject to meeting the program requirements. Recommended by Approved by Respectfully submitted B.Bolibruck Attach. Alex Herlovitch, Direc of Planning Development Ed Du jlovic, Executive Director of Community Services 4 S: \PDR\20081PD- 2003 -77 Facade Commercial Building Grant Vijay Kapur (2).wpd ry acDonald, Chief Administrative Officer Location Map 5824 Main Street APPENDIX 1 iiIu Iahti!itlIkiiiiamu pplINPI num mom 111 mom man His mom Nos imumms �Earn MINTMITINgiew 1 1 1 it 11111111 1 11000 5824 Main Street Historic Drummondville Community Improvement Project Area 1:NTS August 2008 KAGIS_Requests120061Customunterna8planning \CIP Historic_Drummondville.map i E dln�9io R.m li szt Wooden motifs to Wing richness of Heritage In Design Famdoitonn of tacate wall lntine wlth nod building New dace Well for Foe Uplifting b 5816 MAIN STREET 5824 MAIN STREET AESTHETE CONSULTANTS Ontario LTD 1549647 5816 Mon Street Niagara Fobs 074 West Elevation PaliCti NO. CRAIX WOOrlt 0 A -05 1123-0 I September 8, 2008 PD- 2008 -79 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members. Re PD- 2008 -79 CB &FIG 2008 -005, Historic Drummondville CIP Facade and Commercial Building Grant Application 5836 Main Street 1549647 Ontario Limited (Vijay Kapur) RECOMMENDATION. Ni garafgij cannna 1 That Council approve the above noted application for a Facade and Commercial Building Improvement Grant in the amount of $20,000 for a vacant commercial building subject to meeting the program requirements including the entering into an agreement with the City 2. That if Council approves the application, that the Mayor and Clerk be authorized to execute the grant agreement for the facade and commercial building improvement. BACKGROUND The City has received an application for a Facade and Commercial Building Improvement Grant for 5836 Main Street. A location map showing the property is highlighted on Appendix 1 The building is vacant and was used previously as a bank. Much of the front of the building consists of glass windows and the &des and back are primarily brick with some windows on the south side It is the intent of the owner to improve the building face with a heritage look and a new awning and enhanced lighting. The building requires a new roof and much of the structural portion of the grant will be used for the new roof Attached as Appendix 2 is a sample of the front facade The applicant is proposing to spend in excess of $75,000 of improvements to the building. Following up with Finance staff, it was learned that there are outstanding taxes owed on this property The applicant has advised that the arrears are a result of a business arrangement with others and will be resolved shortly Based upon the above, Council could consider approval of the application. Any grant will not be forthcoming until the tax arrears are resolved and other requirements of the program are satisfied ,y3 ..010'QU a't `s.{ ag ralF tsir ai >§s .y 4310 QRee�StreetPO$Box 103 Niagara Falls QPf Canada L2E�6x5 ;9054356;7521 wwwmagaraFalls ca Working Together to Serve Our Community ommunity Services Department Planning Development September 8, 2008 2 PD- 2008 -79 CONCLUSION The Facade and Commercial Building Grant will improve the appearance of the vacant building and enhance the propertyfor a future commercial tenant. The improvement to this building and other buildings in the vicinity will have a positive impact on the revitalization of the Historic Drummondville area. Staff recommends that Council approve the application subject to meeting the program requirements including the payment of required taxes. Recommended by �iC AxAlex Herlovitch, Director of Planning Development Approved by Respectfully submitted: B.Bolibruck Attach. Ed Duilovic, Executive Director of Community Services John 11*Donald, Chief Administrative Officer S: \PDR\2008 \PD- 2008 -79, Facade Commercial Building Grant Vijay Kapur (3).wpd APPENDIX 1 1 11 111 11111111 11111 nil 111 isa manom friar 5836 Main Street Historic Drummondville Community Improvement Project Area 1:NTS August 2008 K: \GIS_ Requests\ 2006\ Custom\ Internal\ Planning \CIP \Historic_Drummondville.map Location Map 5836 Main Street WEST ELEVATI=\ SCALE 1/4" 1' 0" KAPC❑ CENTRE 5836 MAIN STREET 1. a Map Ram so MAY T >l,w.m a umT s Pla TA*C m. mg axa FOP REVISIONS ISSUES AESTHETE CONSULTANTS Ontario LTD 1549647 5836 Main Street Niagara Fails ON West Elevation Can -788 -08 M a en Vinur CRUM et. war OAR August 12.08 W WM A -02 September 8, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION BACKGROUND* Proposal NiagaraaaJ3alls Re PD- 2008 -81 26CD -11- 2008 -05, Draft Plan of Condominium (Standard) 5727 Kalar Road (West Side), North of Lundy's Lane Applicant: Fallsview Homes Ltd. (Sergio Dosa) PD- 2008 -81 1 That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged 3 That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4 That the Mayor and City Clerk be authorized to execute the condominium agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor The applicant proposes to register a condominium plan for the 8 -unit townhouse development currently under construction. The property is located on the west side of Kalar Road, north of Lundy's Lane, as shown on Schedule 1 The submitted site plan is illustrated on Schedule 2. The plan of condominium subdivision will permit the individual ownership of each unit in the development with the common areas (e.g driveway, visitor parking, landscaped areas) shared by the condominium corporation There are no public meeting requirements under the Planning Act with respect to standard (new construction) condominium developments. rt .y -tyi n y y ';Ca 01Queen Street�PO Box 1 023 +Niagara Falls ONnada L2E 6X5'-,905=356-,7521 wwwniagarafalls ca.: n E� u'S itio: Working Together to Serve Our Community Community Services Department Planning Development September 8, 2008 2 PD- 2008 -81 Planning Process This development has proceeded through previous planning approvals and consultation with the public. The property is a block of land intended for multiple residential use within the Orchard Grove West plan of subdivision (59M -316) registered in September2003 The land is zoned Residential Low Density, Grouped Multiple Dwellings (R4 -581) through Zoning By -law No. 79 -200, as amended by site specific By -law No 2007 -151 passed by Council in July 2007 (File AM- 11/2007) The Site Plan Agreement (File SPC- 13/2007) was registered on title in January 2008 A Building Permit was issued by the City for the development on January 15, 2008 The project has been designed for compatibility with surrounding land uses, contributes to the mix of available housing types in the area and has the potential to provide affordable housing Conditions of Approval The majority of development issues have been addressed through the earlier subdivision, rezoning and site plan approvals. Requirements for road widening, sidewalk on Kalar Road and parkland dedication were included in the underlying subdivision. In order to provide legal access to the property, an existing City reserve along the frontage needs to be dedicated as a public highway The site plan agreement specifies the servicing, grading /drainage and landscaping for the project and the City holds securities to ensure the various site works are completed. Construction is still underway and a condition is included respecting confirmation of zoning by -law and site plan compliance when the development is finished. The designation of a fire access route through the site is also a condition of approval. The Region advises that private garbage pick -up must be provided for the condominium as the site layout does not satisfy Regional waste collection criteria. CONCLUSION This development has received appropriate zoning and site plan approvals. The proposed Draft Plan of Condominium will allow the separate ownership of the townhouse units. The conditions of approval are listed in the Appendix. Recommended by Approved by Respectfully submitted R W Ison;gd Attach. Ac<- S'. PPDR12008\PD- 2008 -81, 26CD -11- 2008 -05, 5727 Kalar Road Draft Plan of Condominium. wad Alex Herlovitch, ctor of Planning Development Ed D ;ovic, Executive Director of Community Services John T cDonald, Chief Administrative Officer September 8, 2008 3 PD- 2008 -81 APPENDIX Conditions of Draft Plan of Condominium Approval 1 Approval applies to the Draft Plan of Condominium prepared by Matthews, Cameron, Heywood Kerry T Howe Surveying Ltd., dated July 23, 2008, showing a townhouse dwelling containing 8 dwelling units, open space and parking /driveway areas. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3 The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4 The City dedicate the portion of the existing 0 3 metre reserve (Block 105, Registered Plan 59M -316) abutting the subject land as public highway 5 The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property 6 The developer provide information to Planning Development to confirm compliance with the provisions of the Zoning By -law and Site Plan Agreement. 7 A clause be included in the condominium agreement and in all Agreements of Purchase and Sale or Lease for each dwelling unit advising that waste collection for the development cannot be provided by the Regional Municipality of Niagara, therefore, waste collection will be provided by the condominium corporation through a private contractor 8 The developer provide five copies of the pre- registration plan to Planning Development and a letter stating how all conditions imposed have been or are to be fulfilled. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied Regional Municipality of Niagara for Condition 7 Proposed Plan of Condominium 5727 Kalar Road 26CD -11- 2008 -05 Subject Land SCHEDULE 1 Location Map August 2008 LOT 5 03 Q i o RS 4 LOT 6 h os ORCHARD GROVE CONDOMINIL LOT 5 PLAN R5 b* n Drag Flan of Standard Ca dominMm of BLOCK 98, REGISTERED PLAN 59M -316 C OF NIAGARA FALLS REGIONAL MUNICIPALITY OF NIAGARA SCALE 1 200 Matthews. Cameron, Heywood Kerry T. Howe SURVEYING LIMITED LLN: 36206 2008 I I I UNIT 1 UNIT 2 UNIT 3 UMW 4 UNIT 5 UNIT 6 y UNLT 7 UNIT 8 t Iii BI___ I�1� -4,-.. LOT 4 1 LOT 3 1 LOT 2 59M -316 1 1 COM MERCIPL PART 2 PLAN 59R -12056 LOT 1 0 L S 0 Qa Y __J KEY PLAN (not to scale) li r I SUBJECT LANDS CRY OF NIAGARA FALLS ADDITIONAL INFORMATION REQUIRED UNDER SECTION 51 OF THE PLANNING ACT AND UNDER SECTION 9 OF THE CONDOMINIUM ACT 1998 (Al -85 SHOWN ON DRAFT PLAN (9) -AS 5I/OWN ON DRAFT PLAN 10) -AS SHOWN ON DRAFT AND KEY PLANS 1 0) -THIS IS A PROPOSED CONDOMINIUM 2 STOREY DEVELOPMENT P.M. A TOTAL OF 3 RESIDENTIAL UNITS. (S) -AS SHOWN ON DRAFT PLAN (11 AS SHOWN ON DRAFT PLAN (G)-AS SHOWN ON DRAFT PLAN 18) MUNICIPAL (1') -SANDY LOAM (J) AS SHOWN 0805 FT PLAN I0) -ALL MUNICIPAL SEmnCESAVNLASLE 1L)- DRAINAGE EASEMENT AS SHOWN ON GRAFT PUN LAND USE ANALYSIS LOT AREA 1965.2 S0. METRES BUILDING AREA 546.2 50. METRES BUILDING GOVERA0E NUMBER OF UNITS 8 TOWNHOMES PARKING 3 VISITOR SPACES 0 DRIVEWAY SPACES 11 TOTAL SPACES we e imm denotes boundary of ens OWNFR'S CERTIFICATE 1 HEREBY AUTHORIZE MATTHEW5, CAMERON, 51TW000 KERRY' T. HOWE 508282150 LIMITED TO SUBMIT THIS PUN TO THE OTT OF NIAGARA FALLS FOR P1EIR APPROVAL. 0881 S. 0054 II sew Mt.wt�y awe UPC m,.aw FALLSWEW HONES Lm 5)JRVFYOR'S CERTIFICATE HERESY CERTIFY THAT TX1 BOUNDARIES OF THE LAND TO BE 508DIN0ED ARE CORRECTL8 5HOWN. JULY 6. 2009 Date MATRIEWS, CAMERON, HEYWOOD• KERRY T. HOWE SURVEYING LTD. -WM1 4*MM um, c.a.a 9,. A Ney..m aw•wm.aa.+cor.rmmmwumwuH w,a.■n POI eemmee.“ Niagara eif Region August 27, 2008 Files: D.11 ,M.11.24 -11- 2008 -05) Mr. Alex Herlovitch, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr. Herlovitch: Re: Regional and Provincial Review Comments Draft Plan of Condominium (26CD -11- 2008 -05) 5727 Kalar Road City of Niagara Falls >ttlxlmfAcn PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.O. Box 1042 Thorold, ON L2V 417 Tel: 905- 984 -3630 Tol I- free:1- 800 263.7215 Fax: 905- 641 -5208 www. regional. niaga ra. on. ca Regional Development Services staff has reviewed the draft plan of condominium prepared by Matthews, Cameron, Heywood Kerry T. Howe Surveying Ltd., dated July 23, 2008, which proposes the development of 8 townhouse units along with the associated private street and parking on a 0.20 hectare (0.49 acre) site. A Site Plan application for the development has been approved and an agreement has been entered into between the City and the owner. A building permit has been issued and the townhouses are under construction. This application will establish condominium ownership. Regional staff offers the following Provincial and Regional comments to assist the City in considering the proposed development. General Planning Comments The subject property is within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan. The Urban Area policies provide for a range of industrial, commercial, and residential uses. The Regional Policy Plan, Provincial Policy Statement, and Greater Golden Horseshoe Growth Plan all contain polices that support intensification in the urban area where appropriate levels of services and infrastructure exist. In addition, municipalities are encouraged to develop a diverse mix and range of housing types and densities, including affordable housing, and easy access to local stores and services. The proposed development of the property represents intensification within the urban built area where existing infrastructure and services are available. The property will be developed at a higher density that will make for a more efficient use of existin. urban Building Community. Building Lives. RECEIVED AUG 2 9 PLANNING DEVELOPMENT Regional Public Works 2 serviced land and infrastructure. The development of townhouse units should further enhance housing choice for residents with a variety of lifestyles and /or income groups. The property is located within a reasonable distance to Lundy's Lane where a number of "neighbourhood" commercial facilities are available, Future residents will benefit from easy "pedestrian" access to nearby services and amenities. Transit services are available in the area, which further enhances transportation choice and improves accessibility Given all of this the proposal represents an opportunity for intensification that makes efficient use of land and infrastructure, and improves housing and transportation choice, as supported by Provincial and Regional policies. Condominium developments with private roadways may receive internal curbside waste collection provided the development complies with the Region's "Collection of Waste By Way of Entry on Private Property" policy and the Owner enters into an Indemnity Agreement with the Region. A key element of the waste collection policy is that the site roadway system be adequate for waste collection vehicles to enter and exit the site without the need to engage in any back -up manoeuvring. Should the development not meet policy guidelines, private waste collection must be provided at the owner's expense and a clause should be included in any development agreement and all Agreements of Purchase and Sale or Lease for each dwelling that advises waste collection for the development cannot be provided by the Regional Municipality of Niagara, therefore, waste collection will be provided by the condominium corporation through a private contractor Conclusion Regional Development Services staff has no objections from a Provincial or Regional perspective to the draft approval of the condominium provided that the appropriate clause related to private waste collection is included in the condominium agreement and agreements of purchase and sale /lease. If you have any questions or wish to discuss these comments, please contact Sue Mabee, Planner, or Peter Colosimo, Transition Manager, Development Services Division. Please send notice of the City's decision with regard to this application. Yours truly, /s ube Planner SM! Cc: Mr W Stevens, Regional Public Works Z:IMSW ORDISMINIAGARA FALLSICondo \CD- 11.2008.051Com ments.doc September 8, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: RECOMMENDATION: BACKGROUND: Proposal Niag araf a lls C 4 n A D A Re. PD- 2008 -82 26CD -11- 2008 -06, Draft Plan of Condominium (Standard) 2799 St. Paul Avenue (West Side), North of Riall Street Owner: Niagara Innovative Living Inc. (Michael Colaneri) PD- 2008 -82 1 That the Plan of Condominium be draft approved subject to the conditions in the attached Appendix. 2. That the Mayor or designate be authorized to sign the draft plan as "approved" 20 days after notice of Council's decision has been given as required by the Planning Act, provided no appeals of the decision have been lodged. 3 That draft approval be given for three years, after which approval will lapse unless an extension is requested by the developer and granted by Council. 4 That the Mayor and City Clerk be authorized to execute the condominium agreement and any required documents to allow for the future registration of the condominium when all matters are addressed to the satisfaction of the City Solicitor The applicant proposes to register a condominium plan for the 3- storey apartment building containing 39 units that is currently under construction. The property is located on the west side of St. Paul Avenue, north of Riall Street, as shown on Schedule 1 The submitted site plan is illustrated on Schedule 2. The plan of condominium subdivision will permit the individual ownership of each unit in the development with the common areas (e g. driveway, visitor parking, hallways, landscaped areas) shared by the condominium corporation. There are no public meeting requirements under the Planning Act with respect to standard (new construction) condominium developments. a S 4310 QueerttStreet1PO Boxs1023Niagara Falls ON;'Canada L2E 6x5 ;905- 356 7521 wwwniagarafaIls:ca Working Together to Serve Our Community Community Services Department Planning Development September 8, 2008 2 PD- 2008 -82 Planning Process This development has proceeded through previous planning applications and extensive consultation with the public. The land is zoned Residential Apartment 5A Density (R5A- 547) through Zoning By -law No 79 -200, as amended by site specific By -law No 2001 -135 (File AM- 35/88) The City's Committee of Adjustment granted a variance (File A- 42/2007) in December 2007 to permit an increase from 32 units to 38 units for the apartment. An application for a Site Plan Agreement was submitted to the City in December 2007 (File SPC- 23/2007) but has not been finalized. A Neighbourhood Meeting was held in January 2008 to discuss resident concerns with the proposal The City issued a conditional Building Permit for the development on January 15, 2008 There have been several meetings with residents regarding landscaping /fencing concerns and encroachments onto the apartment site A settlement has been negotiated by the City to transfer a strip of land 0 46 metres (18 inches) in width from the developer to three abutting properties to the north (6284, 6292 6304 Emma Street) The resulting apartment site and proposed revisions by the developer require variances to the zoning by -law for lot area, north side yard setback, an increase in number of units (39) and reduced parking. Variance application A- 2008 -036 for these requirements will be considered by the Committee of Adjustment on September 9, 2008 The project contributes to the mix of available housing types in the area and has the potential to provide affordable housing. Conditions of Approval The majority of development issues will be addressed through the site plan agreement that is pending final approval. The City will hold securities to ensure the various site works are completed. Construction is still underway and a condition is included respecting confirmation of zoning by -law and site plan compliance when the development is finished Cash -in -lieu of parkland dedication is required for the development as permitted by the Planning Act. The designation of a fire access route through the site is also a condition of approval. The Region advises that private garbage pick -up must be provided for the condominium as the site layout does not satisfy Regional waste collection criteria. CONCLUSION* The development still requires variances to the zoning by -law provisions and approval of a site plan. The proposed Draft Plan of Condominium will allow the separate ownership of the apartment units. The conditions of approval are listed in the Appendix. Recommended by Approved by Respectfully submitted: Alex Herlovitch, rector of Planning Development E Dujlovic, Execute Director of Community Services hn MacDonald, hief Adminis rative 0 icer R.Wilson :gd Attach. S:PDR120091PD- 2008 -82, 26CD -11- 2008 -06, 2799 St Paul Avenue Draft Plan of Condommium.wpd September 8, 2008 3 PD- 2008 -82 APPENDIX Conditions of Draft Plan of Condominium Approval 1 Approval applies to the Draft Plan of Condominium prepared by Matthews, Cameron, Heywood Kerry T Howe Surveying Ltd dated July 23, 2008, showing an apartment building containing 39 dwelling units, open space and parking /driveway areas. 2. The developer enter into a registered Condominium Subdivision Agreement with the City to satisfy all requirements, financial and otherwise, related to the development of the land. 3 The developer submit a Solicitor's Certificate of Ownership for the property to the City Solicitor prior to the preparation of the Condominium Subdivision Agreement. 4 Final approval from the City's Committee of Adjustment for variances to zoning requirements for lot area, north side yard width, parking spaces and number of dwelling units. 5 The developer enter into a registered Site Plan Agreement with the City 6 The developer submit a request to Fire Services to designate through municipal by- law a fire access route on the property 7 The developer pay the City cash -in -lieu of 5% parkland dedication based on the raw value of the land 8 The developer provide information to Planning Development to confirm compliance with the provisions of the Zoning By -law and Site Plan Agreement. 9 A clause be included in the condominium agreement and in all Agreements of Purchase and Sale or Lease for each dwelling unit advising that waste collection for the development cannot be provided by the Regional Municipality of Niagara, therefore, waste collection will be provided by the condominium corporation through a private contractor 10 The developer provide five copies of the pre- registration plan to Planning Development and a letter stating how all conditions imposed have been or are to be fulfilled. Clearance of Conditions Prior to granting approval to the final plan, Planning Development requires written notice from applicable City Divisions and the following agencies indicating that their respective conditions have been satisfied Regional Municipality of Niagara for Condition 9 Proposed Plan of Condominium 2799 St. Paul Avenue 26CD -11- 2008 -06 11 Subject Land 4 SCHEDULE 1 Location Map August 2008 a A rm; Ar.taz. iZZOWZ,2.4.0 15,23 Ns a0 0 5 10 r j e r. PART PART xaB rur PUN' 59R 6300 ��'eYete L0T LO PLAN 9 S 510° 4r 0� L0, OWDOW COMMCRCLAL MC OULCN5 HOVE TAVERN 202 LOT 9 E PANT ...P- 6300. A00o 0NAL INFORMATION REOUIRED UNDER SECTION ME FLOONING ACT AND UNDER SECTION 1NE CONDOMINIUM AC7 1 SOB OPPPICIP WAIT NM ON MUT PIN ND.. DWI PUN RI rgtrn Draft Plan of Condominum of PART OF STAMFORD TOWNSHIP LOT 30 Demo PARIS L OD 4 O RAN $W6300) CRY OF NIAGARA FALLS RCM" I 240 al/nom Comoros llocoace T. Homo suRoCyma worn, zoo `EC Key Plan xuc004 077 OF cc mum ywxf4 v c R. ea APPROVAL l L�mlcr >Cacwx,Nmr000. Lm Niagara f Region August 27, 2008 Files: D.11 M.11.24 (26CD -11- 2008 -06) Mr Alex Herlovitch, MCIP, RPP Director of Planning and Development City of Niagara Falls 4310 Queen Street, P O Box 1023 Niagara Falls, ON L2E 6X5 Dear Mr Herlovitch: Re: Regional and Provincial Review Comments Draft Plan of Condominium (26CD- 11.2008 -06) 2799 St. Paul Avenue City of Niagara Falls PUBLIC WORKS DEPARTMENT Development Services Division 2201 St. David's Road, P.0 Box 1042 Thorold, ON L2V 417 Tel: 905- 984 -3630 Tol I- free:1 -800- 263 -7215 Fax: 905- 641 -5208 www. regional.niagara.on.ca Regional Development Services staff has reviewed the draft plan of condominium prepared by Matthews, Cameron, Heywood Kerry T Howe Surveying Ltd., dated July 23, 2008, which proposes the development of a 3 storey, 39 unit apartment building on a 0.57 hectare (1 4 acre) site. A Site Plan application for the development has been approved and an agreement has been entered into between the City and the owner A building permit has been issued and the apartment building is under construction. This application will establish condominium ownership. Regional staff offers the following Provincial and Regional comments to assist the City in considering the proposed development. General Planning Comments The subject property is within the Urban Area Boundary for the City of Niagara Falls according to the Regional Policy Plan. The Urban Area policies provide for a range of industrial, commercial, and residential uses. The Regional Policy Plan, Provincial Policy Statement, and Greater Golden Horseshoe Growth Plan all contain polices that support intensification in the urban area where appropriate levels of services and infrastructure exist. The proposed development of the property represents intensification within the urban built area where existing infrastructure and services are available. The property will be developed at a higher density that will make for a more efficient use of existing urban serviced land and infrastructure. The development of apartment units should further enhance housing choice for residents with a variety of lifestyles and /or income groups. Building Community. Building Lives. islet\ RECEIVED AUG 2 9 ZOUB PLANNING DEVELOPMENT 2 The proposal represents an opportunity for intensification that makes efficient use of and and infrastructure and may improve housing choice as supported by Provincial and Regional policies. Regional Public Works The property will receive private waste collection at the owners expense. A clause should be included in the condominium agreement and all Agreements of Purchase and Sale or Lease for each unit that advises waste collection for the development cannot be provided by the Regional Municipality of Niagara; therefore, waste collection will be provided by the condominium corporation through a private contractor Conclusion Regional Development Services staff has no objections from a Provincial or Regional perspective to the draft approval of the condominium provided that the appropriate clause related to private waste collection is included in the condominium agreement and agreements of purchase and sale /lease. If you have any questions or wish to discuss these comments, please contact Sue Mabee, Planner or Peter Colosimo, Transition Manager, Development Services Division. Please send notice of the City's decision with regard to this application. Yours truly, Sue Mabee Planner SM/ Cc: Mr W Stevens, Regional Public Works Z: \MSWORD \SM\NIAGARA FALLS Condo \CD -11- 2008 -06 2799 St. Paul AvelComments.doc September 8, 2008 R- 2008 -29 Members: His Worship Mayor Ted Salc iagara alls CANADA and Members of the Municipal Council City of Niagara Falls, Ontario Re: R- 2008 -29 Bob Gale Complex Award of Tender RECOMMENDATION. 1) That Council approve the award of the construction of the Bob Gale Complex to Aquicon Construction Co. Ltd for the tender price of $29,366,000 00 plus GST 2) That Council approve the cost of the construction of the North parking lot and award to Aquicon Construction Co. Ltd for the quoted alternate price of $836,837 00 plus GST 3) That Council approve the inclusion of the site servicing costs for Fourth Avenue, estimated at $627,000 in the arena construction budget. 4) That the Mayor and City Clerk be authorized to execute the necessary agreement BACKGROUND. Bid Summary August 7, 2008 Construction of the Bob Gale Complex The tender call for the Bob Gale Complex was issued on June 27, 2008, and closed on August 7, 2008. Tenders for the Bob Gale Complex were opened at4 15 pm on Thursday, August 7, 2008. Four (4) bids were received from pre qualified general contractors. After a complete review of the specifications submitted from all bidders, the lowest bidder Aquicon Construction Co Ltd meets the specifications as outlined in the tender documents. Aquicon Construction Co Ltd is also the firm that was awarded the construction of the MacBain Community Centre. The summary letter from by Barry Bryan Associated, August 8, 2008 recommending Aquicon Construction Co. Ltd is attached as Appendix 1 Niagara Falls ON Can'ada'L2H3N3 '9'05 -7521 www.niagarafalls.ca Community Services Department Parks, Recreation Culture Name of Bidder Total Lump Sum Tender Price* (A) Total Lump Sum Tender Price* including North Parking Lot (B) Total Project Price* including B Fourth Ave site serving. Aquicon Construction Co. Ltd. $29,366,000 00 $30,202,837 00 $30,829,837 00 Bondfield Construction Company Ltd $29,768,000 00 $30,343,000 00 $30,970,000 00 Newman Brothers Ltd. $31,231,265 00 $32,166,265 00 $32,793,265 00 The Atlas Corporation $33,570,000 00 $34,700,000 00 $35,327,000 00 September 8, 2008 2 A summary of the four (4) bids received is outlined ust T otal Lump Sum Tender price excluding GST R- 2008 -29 Why are the August 2008 Tender Costs Higher than the May 2007 Budget Estimates Higher steel and oil costs are the primary reason for the increased construction cost for the Bob Gale Complex project. The higher building cost for the Bob Gale Complex per the tender of August 7, 2008, has been impacted by the unprecedented increases in steel prices. Steel is one of the driving forces affecting the overall construction costs in the industry Since January 2008, the price of steel has increased by 50% This unprecedented situation for steel has resulted in steel prices /quotes being held for only approximately 14 days. The construction industry worldwide is experiencing a state of tremendous and rapid cost increases. The Construction Price Index from March 31, 2007 to March 31, 2008 went up 7.2 In contrast, the Consumer Price Index from May 2007 to May 2008 only went up 2.2 The cost of other building materials (i.e. flooring, roofing, asphalt) and fuel costs have also increased significantly because of the rising cost of oil. For example, asphalt costs have more than doubled since January 2007 This has impacted the cost of the arena, as well as other City construction projects. It is anticipated that the cost of steel, oil and building materials will continue to rise globally The project scope and budget originally did not include or contemplate the completion of the north parking lot area approximately 3 1 acres or an additional 396 parking spots. The tender for the Bob Gale Complex requested that these costs be provided and specified as an alternate price. While this parking lot could be deferred to 2010, the completion of the North parking lot is a requirement of the certificate of property use. It is expected that asphalt prices (due to oil prices) will continue to rise and the cost of completing the North parking lot will increase in future years. Therefore, it is recommended the North parking lot be included in the project budget and completed at this time. September 8, 2008 3 R- 2008 -29 A tender recommendation is expected to be brought to Council in the near future for the Fourth Avenue site servicing work. The costs, currently estimated in this report at $627,000 that would be allocated to the arena project will be outlined in a future report to Council by Municipal Works. Overall, the construction quote (an average of $147 70 /sq ft) for the Bob Gale Complex is considered very favourable Pre Tender Letting: Review of Facility Size and Cost Reductions The Bob Gale Complex has been designed in consultation with many user groups and community stakeholders. Every effort had been made to accommodate the variety of space requests and expectations of community partners. As was outlined in the April 14, 2008, report (R- 2008 -15), significant space reductions were undertaken to achieve an estimated reduction of $5 Million with design changes and space deletions. This review eliminated approximately 8,200 square feet. The original facility size as outlined in the May 2007 budget was 196,600 square feet. The April2008 report outlined that the facility size which had increased significantly to accommodate many space requests, was reduced to approximately 202,766 square feet. General Capital Cost Comparison Appendix 3 Approved Budget Estimates May 07 Budget After Tender August 2008 Difference Square Footage 196,600 203,950 7,350 Site Preparation $2,995,000 $2,995,000 $0 Arena Construction $26,655,000 $29,366,000 $2,711,000 Contingency $900,000 $900,000 $0 Cost Per Sq. Foot $126 $147 70 $21 70 Sub -Total Building $30,550,000 $33,261,000 $2,711,000 Additional North Parking Lot Not Included $836,837 $836,837 Fourth Ave Serving Not Included $627,000 estimated $627,000 estimated TOTAL $30,550,000 $34,724,337 $4,174,837 September 8, 2008 3 R- 2008 -29 A tender recommendation is expected to be brought to Council in the near future for the Fourth Avenue site servicing work. The costs, currently estimated in this report at $627,000 that would be allocated to the arena project will be outlined in a future report to Council by Municipal Works. Overall, the construction quote (an average of $147 70 /sq ft) for the Bob Gale Complex is considered very favourable Pre Tender Letting: Review of Facility Size and Cost Reductions The Bob Gale Complex has been designed in consultation with many user groups and community stakeholders. Every effort had been made to accommodate the variety of space requests and expectations of community partners. As was outlined in the April 14, 2008, report (R- 2008 -15), significant space reductions were undertaken to achieve an estimated reduction of $5 Million with design changes and space deletions. This review eliminated approximately 8,200 square feet. The original facility size as outlined in the May 2007 budget was 196,600 square feet. The April2008 report outlined that the facility size which had increased significantly to accommodate many space requests, was reduced to approximately 202,766 square feet. General Capital Cost Comparison Appendix 3 September 8, 2008 4 R- 2008 -29 The tender call was based on the finalized facility size of 203,950 square feet or in comparison to May 2007 an overall increase of 7,350 square feet. Based on an average cost per square foot of $147 70 this additional space of 7,350 square feet represents an additional cost of about $1,085,595 The original arena construction budget was not increased due to this additional square footage. Cost estimates at that time were based on the project being able to absorb the additional expenses in the existing and approved budget. However, this absorption ability would not have predicted the unprecedented increase in the cost of steel or the increased cost of construction projects as already addressed. While we have reviewed the possibility, it is the recommendation of the arena design team, that the cost of the Bob Gale Complex should not be lowered by any additional design changes or space reductions. Minor 'tweaking' or adjustments will not achieve meaningful cost reductions to the current facility Any further modifications in addition to the comprehensive review in March 2008 will have material and negative effects on the arena complex and its operation. Impact of New Information on Debt Financing and Taxes In the original report to Council of May 2007 and in subsequent reports, staff have tried to identify for Council the Long term Debenture costs and the impact of these costs on future year's tax levy's. This information is determined based on staff's best assumptions at the time of reporting, as it relates to future interest rates, is based on standard practices as it relates to amortization periods and is based on the most updated financial data as it relates to taxation. In respect to interest rates, staff have assumed that the borrowing rate will be 6% at the time of debenture. In respect to amortization periods, staff, at Council's request has considered a longer amortization period (30 years) than is normally used (20 years). This is consistent with the implementation of capital asset accounting as required by PSAB 3150 Likewise, additional financing options have become available through capital markets that make it easier for Municipalities to borrow for longer terms. September 8, 2008 5 R- 2008 -29 In respect to the tax levy the data from the original report has been updated to reflect the 2008 levy data. The estimated impact of the project costs on the tax levy is illustrated in the following chart. Financial comparisons and financing options are outlined in Appendix 2 an Appendix 3 As the chart indicates the impact of amortizing over a longer term has a mitigating impact of the increased costs on future year's tax rate. Staff have provided both the estimated gross tax levy and the estimated net tax levy for future year's. The increased levy would occur in the first year of debt repayment. As the detailed Appendices show, staff have identified cash inflows Walker Funding and Net Operating savings) that will be generated to offset the debt servicing costs of the long term debenture. A further option exists as a result of a new announcement made by the Province of Ontario It is recommenced that Council use a portion of the infrastructure increase of $3.9 M recently announced by the Province for the City of Niagara Falls to offset the cost increases recognized by all or part the tender If this is factored in, the net levy would decrease by the reduced level of borrowing required. Opportunities for Additional Project Funding Sources Achieving additional project funding sources will be investigated and a follow -up report provided to Council that considers. updated appraisals for the sale of Memorial Arena, and Jack Bell Stamford arenas based on highest and best end uses; improved operating efficiencies achievable for Bob Gale Complex and Chippawa arena facility based on facility operations, facility management, and establishing ice rental rates based on a more market driven approach, identification and potential allocation of other surplus land sales. May 2007 Budget August 2008 August 2008 Capital Cost $30 55 M $34 724 M $34 724 M Amortization Term 20 Years 20 Years 30 Years Estimated Annual Gross Tax Levy Impact* 5 71% 6 47% 5.41% Estimated Annual Net Tax Levy Impact* 2.52% 3.28% 2.23% September 8, 2008 5 R- 2008 -29 In respect to the tax levy the data from the original report has been updated to reflect the 2008 levy data. The estimated impact of the project costs on the tax levy is illustrated in the following chart. Financial comparisons and financing options are outlined in Appendix 2 an Appendix 3 As the chart indicates the impact of amortizing over a longer term has a mitigating impact of the increased costs on future year's tax rate. Staff have provided both the estimated gross tax levy and the estimated net tax levy for future year's. The increased levy would occur in the first year of debt repayment. As the detailed Appendices show, staff have identified cash inflows Walker Funding and Net Operating savings) that will be generated to offset the debt servicing costs of the long term debenture. A further option exists as a result of a new announcement made by the Province of Ontario It is recommenced that Council use a portion of the infrastructure increase of $3.9 M recently announced by the Province for the City of Niagara Falls to offset the cost increases recognized by all or part the tender If this is factored in, the net levy would decrease by the reduced level of borrowing required. Opportunities for Additional Project Funding Sources Achieving additional project funding sources will be investigated and a follow -up report provided to Council that considers. updated appraisals for the sale of Memorial Arena, and Jack Bell Stamford arenas based on highest and best end uses; improved operating efficiencies achievable for Bob Gale Complex and Chippawa arena facility based on facility operations, facility management, and establishing ice rental rates based on a more market driven approach, identification and potential allocation of other surplus land sales. September 8, 2008 6 R- 2008 -29 Next Phase Project Construction Pending the approval of Council and the award of the contract to Aquicon the expected next phase of construction of the new Bob Gale Complex would be expected to commence the week of September 29, 2008. The projected opening of the new facility is May 2010 Recommended by Approved by Attachments ta YAMS Denys Morrissey,, Director» Parks, Recreation Culture Ed Dujlovic, S: \Council \Council 20081R- 2008.29- Bob Gale Complex Award of Tender.wpd 4ve Director of Community Services Respectfully submitted: 27 Q John MacDonald, Chief Administrative Officer :BARRY•BRYAN ASSOCIATES (19971 limited Architects Engineers Landscape Architect Project Managers 11 Stanley Court, Unit 1 Whitby, Ontario Canada LIN BP9 Tele: 905 666.5252 Toronto; 905-427-4495 Fax:955- 666.5256 &nail' hha ©bp.i.archeng.com wwwbba- archeng,cam August 8, 2008 City of Niagara Falls 4310Queen St. P 0 Box 1023, Niagara Falls, Ontario L2E 6X5 Attention: Mr Raymond Miller Re: Bid Summary The Construction of the Bob Gale Arena Complex City of Niagara Falls Tender No. T04 -2008 Project No. 05138.5 Dear Sir As requested, we have reviewed the tender submissions received for the Construction of the Bob Gale Arena Complex, City of Niagara Falls TenderNo.T04 -2008. Tenders for the Bob Gale Arena Complex were received by the Corporation of the City of Niagara Falls on Thursday, August 7, 2008. The initial tender submission received at 1.15 pm included the Form of Tender pages FT1 -R1 to FT7 -R1 (inclusive), the Agreement to Bond and the Tender Deposit. Supplementary tender documents including Form of Tender pages FT8 -R1 to FT11 -R1 (inclusive) and the Mechanical Bid Form were received at 4:00 pm, Thursday, August 7, 2008. Tenders were opened at 4.15 pm by the City Clerk immediately following receipt of the supplementary tender forms at a public tender opening at City Hall. A total of four (4) tenders were received by the City Clerk at or before the stipulated tender closing time. All bids received were from the four (4) approved pre- qualified General Contractors. Barry •Bryan Associates (1901) Limited have reviewed all four tenders received. Name of Bidder Aquicon Construction Co, Ltd. Bondfield Construction Company Ltd. Newman Brothers Ltd, The Atlas Corporation 85138.6 Bid Summary Letter.Wpd Total Lump Sum Tender Price* 29,366,000.00 29,768,000.00 31,231,265.00 33;570, 000.00 Adjusted Total Lump Sum Tender Price excluding GST A summary table of the four tenders received is attached. Each of the bidders correctly acknowledged receipt of Addenda No.'s 1 -6 during the tender Each of the bids included the total Cash Allowances of $170,000.00. Alternate Prices Section 1 through Section 6 were requested. Alternate Price Section 1 was submitted only by one bidder, Bondfield Construction Company Ltd. The Alternate Price offered by Bondfield Construction for the alternative refrigeration system was an extra of $645,000.00 The other bidders did not complete Alternate Price Section 1 Newman Brothers Ltd. did not provide alternate prices for Section 3 and Section 6. Alternate Prices 2 -6 were completed by all other bidders. Separate Prices 1 -5 requested in the Tender Form were completed by all four bidders. Unit Prices for additions and deletions 1 -13 requested on the Tender Form were completed by all bidders. Each Bidder included one of the pre- qualified Mechanical contractors in their list of subcontractors. Mechanical Bid forms were attached to each of the four tenders received. The Mechanical bid form submitted by Aquicon was complete. The mechanical bid form submitted by the other three bidders were not completed in full, Each. Bidder included one of the pre- qualified Electrical contractors in their list of subcontractors. The Tender Forms were signed by all bidders. The corporate seals were added to the forms by all bidders. Each of the bids included a tender deposit (bid security) amount the amount of $1,500,000.00. Agreement to Bond with the amount of Fifty Percent of the Amount of Tender for each of the Performance Bond and Labour and Material Payment Bond were provided by all bidders, Summary Based on our review of the tenders, we recommend that the: tender for the Construction of the Bob Gale Arena Complex. be awarded to Aquicon Construction Co. Ltd. for the Total Lump Sum Tender Price of $30,825,800.00 (inclusive of GST). We believe that Aquicon Construction Co. Ltd.'s tender submission meets the requirements of the tender documents and is the lowest compliant bidder of all bids received. Based on our analysis of the Alternate Prices submitted, we do not believe that the order of the submitted tenders will be altered by the selection of Alternate Prices. Tenders are open to acceptance by the City of Niagara Falls for Sixty (60) days We believe that to the best of our knowledge, the tenders for this project have been received and reviewed and our recommendations have been made in accordance with the guidelines set forth in the Canadian Construction Documents Committee Document CCDC -23— Aguide.to Calling Bids and Awarding Contracts. Should you have any questions or require further assistance, please do not hesitate to contact our office. Yours very truly, Barry•Bryan Associ.tes (1991) Limited L. Bi: P En•., O,AA DB /gs attachment Ms. Denyse Morrissey, City of Niagara Falls Mr Steve Hamilton, City of Niagara Falls Mr Dave Schram, UEM Consulting 05138.5 Bid Summary Lettet.wpd Page 2 City of Niagara Falls Construction of the Bob Gale Arena Complex Tender No. 2008 04 Tender Closing Date: August 7, 2008 Name of Bidder Total Tender. Price Amount 01 Cash Total Lump Sum Alt Price 1 Pit Pnce 2 Alt Price 3 Alt Price 4 Alt Price 5 Aft Price 4 Separate Price Separate Separate Price Separate Separate (exd of GST) Goods and Allowances .Tana Price (CST 1 Price 2 3.' Price 4 Price Services Tax Melded) RaNtgxatlon 'Noun Parking Gable End Root Low `E' Glass RID Denming Monde Sport (051) System Lot in Lieu of 'Impact Dispose Supply of Gimeo Dasherboard Acoustical Curved Flooring Excess Fill Finishing Ecochill System Baffles Hardware CMem Aquicon 29,196,000.00 1,459800.00 170,000.00 30,825,800.00 Construction Co. Ltd. Total Lumo Sum Tender Price excluding GST 29.368 000.00 Bondfleld 29596,000.00 1.479,900.00 170,000.00 31,247,900.00 545,000110 575,000.00 5 150,000.00 (10,000.00) 10.000.00 (15,000.00) 84,000.00 $175,009.00 $1,550.000.00 $650.000.00 555,000.00 Construction Company Ltd. Total Lump Sum Tender Price excluding GST 29,766.000.00 Newman 31,061,265.00 1,553,063.00 170000.00 $32,754,328.00 Brothers Ltd. Total Lump Sum Tender Price excluding GST 31,231,265.00 The AtlaS 33,400,000.00 1,670,000.00 170,000.00 35,240,000.00 Corporation Total Lump Sum Tender Price excluding 057 5 33,570,000.00 Name of Bidder Bld Deposit Aquleon Construction Co. Ltd. 05138.5 Bid Summary Table.wpd Yea Alternate Prices Separate Prices. NOT INCLUDED in Total Lump Sum Tender Price- INCLUDED In Total Lump Sum Tender Price No Bid 876,700.00 (20,300.00) (22,000.00) 10000.00 (87,000.00) 74,900.00 5160,000.00 $1,492.000.00 5650,000.00 567.000.00 No Bid 935,000.00 No Bid 90,000.00 12,000.00 No Bid 135,000.00 $168,000.00 51492.000.00 4609.000.00 $78,000.00 No Bid 950,000.00 52.500,000.00 (80.000.00) 15000.00 (50,000.00) 200,000.00 3160,000.00 51,495,000.00 $660,000.00 $70,000.00 Agreement to Revlsed,tender Scan Addenda 14 Mechanical Bid List of Bond submitted Form Subtrades Unit Rates Zurich Yes Yes Yes Yes Yes Prequalified Mechanical Group 92 Prepualifled Electrical Ecoo Electric Remarks Mechanical bid form includes alternate price Bondfleld Construction Yes Zurich Yes Yes Ves Yes Ves Group 92 Accel Electric Mechanical bid form not complete Company Ltd. Newman Brothers Ltd. Ves Zurich Yes Ves Ves Yes Ves Group 92 ace Electric Mechanical bid form not complete no addresses item 13 N/A The Atlas Corporation Yes Aviva Yes Yes Yes Yes no addresses Ves Group 92 Accel Electric Mechanical bid foam not corn plate NET OPERATING SAVINGS SUMMARY May T. 2000 COUnc11 APPt0Ve 4 Pads 2,000 Seat Main Bowl 196,600 sq R me um r. 444 6 ,euuc,a 4 Pods 2,000 Seat Main Bawl 203,950 sq R Variance/Adjustment NET OPERATING SAVINGS 7,350 sq N 1.0 Estimated Capital Cost' 34,700,000.00 37.411,000.00 2,711,00000 1508.057.00 648,62500 2.0 Site Servicing 627,000.00 627,000.00 •4 pad $244,500, Chippewa at 5404.125 648,625 pad 5244,500, Chippewa at 5404.125 3.0 tti Parking Including 31 acres and 369 pang space. 337,000.00 037,000.00 4.0 Capit I Funding sources 1508,057.00 38,875,00000 4,175,000.00 September B, 2008 report to Council u 537 -Hilton 5 1,200,000.00 1,200,00000 4.2 Sale of Land PmaMs Memonal 1,100,000.00 1,100,00000 4.3 Sate of Land Proceeds Stamford/Jack Bell 650,000.00 650,000.00 4.4 Fund Raising 1500,000.00 1,485,50000 3 14 4.5 Naming Rights (Building) 750,000.00 0 1,000.000.00 250,000.00 4.6 Total Capital Funding Sourrzs 54.1 to 4,5) 5,200,000.00 5,435500.00 235,500.00 4.7 Amount M Deb Requited to Fund Capital Costs (1,0-4.6) 29,600,000.00 33.439.500.00 0 3,939,500.00 5.0 Required Borrowing (on 4.7) 20 Year Amortization 20 Year Amortization 5.1 Tex Funded Annual Debt Payment' 2,566,080.00 2,911 02] 00 342,947.00 6.0 Finan ing Plan for Annual Debt Costs (on 5.1) 61 Allocation: Walker Funding 575,000.00 5 575,00000 62 Aom'etion: Net Annual Arenas Operating Savings 5 859,43200 855,432.00 6.3 Total Debt Financing Available Per Year (6.1 4.6.2) 1,434,432.00 E 1,434,402.00 0 7.0 Summary: Difference Annual City Debt (5.11and Total Flnan Mg Available (6.3) ].1 Total Additional Tax Funded Debt Payment Per Yee, 5 ,.133,04800 1,475,595.00 342,947.00 3.0 14 Impact to Tax Levy 20 Year Amortization 20 Year Amedivli0n St lmpaot to lax levy (on 5.1) 5 5.71 6.47 OA6 8.2 impact lo tax levy (on 7.1) with Onandne plan allegations 252 5 328 0.76 NET OPERATING SAVINGS SUMMARY NET OPERATING SUBSIDY NET OPERATING SUBSIDY REDUCED TO NET OPERATING SAVINGS Status Quo 2007 Draft Draft Budget 1508.057.00 648,62500 859,43200 4 Pad 2000 seats •4 pad $244,500, Chippewa at 5404.125 648,625 pad 5244,500, Chippewa at 5404.125 Updated August 2008 1508,057.00 8 85943200 September B, 2008 report to Council 1 Includes external sae semuroQ 4th Ave appmx 5627 K- to be co firmed post tender dosing Ours not Include additional canal rust Support from additional land sales. Debt- Based on 614. cot of Wnowing +Mb seen annual payments calosaled on M R e pulred deal amount (67) 4 Impact to tax levy hosed on MN increase for every 5450,000 in additional debt payments (bated on 2008 General Tex Levy) Does not Include alemale pricing (or full parking 100 for separate quote 5837,000 The Carrying casts of the purled for the mnstNrtion period will be Inducted in the General Purpose Budget. S: Arenalltiagare Falls Arena Oomplex)4 Pad Arena/R- 2008-29 -20 yr amod. NIAGARA FALLS ARENA FINANCIAL COMPARISONS: SUMMARY 20 YEAR AMORTIZATION NET OPERATING SAVINGS SUMMARY 4 Pads 2,000 Seat Main Bowl 116,600 aft 00. 4Pada X000 Seat Main Bowl 203,9501g ft NET OPERATING SUBSIDY REDUCED TO Variance/Adjustment NET OPERATING SAVINGS 7,350 sq ft 1.0 Estimated Capital Cos' 34,700,000.00 37,611,000.00 5 2,711,000.00 4 Pad 2000 seals 2.0 Bite Servicing 5 S 627,000.00 5 627,000.00 3.0 Para g including 3.1 acres and 369 parking Mamas 648,62500 5 837,000.00 037,000.00 •4 pad 5244,500. Ohippawa at $604,125 4.0 Capital Funding Sources 4.10.37 -Hilton 1,200,00900 1.200,000.00 4.2 Sale of Land Proceeds Memorial 1,100,000.00 1,100,000.00 5 4.3 sale of Land Proceeds- stamford/Jack Beg 650,000,00 65900900 5 4,4 Fund Raising 1,500,00030 1,485,500.004 14,500.00 4.5 Naming Rights (Building) 750000,00 1,000,000.00 250,000.00 4.8 Total Capital Funding Sources (4.1 to 4.5) 5,200,000.00 5,435,500.00 235.500.00 4.7 Amount of Debt Required to Fund Capital Costs (1 0-4 29,500,000.00 33,439.500.00 3,939,500.00 5.0 Required Borrowing (en q) 20 Year Amortization 30 Year Amortization 5.1 Tax Funded Annual Debt Payment' 2,568,000.16 2,438,11662 4 131,965.54 6.0 Financing Plan for Annual Debt Costs ton 5.1) 4f Allocation: Welker Funding 575,000.00 575,000.00 5 6.2 Allocation: Net Annual Arenas Operating Savings 859,43200 859,432.00 5 8,3 T0M1I Debt Financing Available Per Year (41X6.2) 1,434,432.00 1,434,432.00 5 7.0 Summary: Difference Annual City Debt (5.1) and Total Flinn lag Available (6.3) 7.1 Total Additional Tax Funded Debt Payment Per Year 5 1.135,64116 1,001,60202 4 131,965.54 8.0 %Impact to Tax 4v7 20 Year Amortization 30 Year Amortization 8.1 Impact to tax levy (on 4.1) 5.71 5.41 4 0.29 82 Impact to lax levy fon 7.1) with financing Wan allocations 2.52 2,23 4 0.29 NET OPERATING SAVINGS SUMMARY NET OPERATING SUBSIDY NET OPERATING SUBSIDY REDUCED TO NET OPERATING SAVINGS Status Quo 2007 Draft Budget 5 1,508,057.00 64862530 859,43200 4 Pad 2000 seals '4 pad $244.500. CBippawa at $404,125 Updatad August 2008 1508,05100 648,62500 859 432 00 •4 pad 5244,500. Ohippawa at $604,125 May? 1 Includes external site servicing 4th Ave epprox 5627 K- to be m finned post tender closing Does not include additional capital cost support from additional 101 sales. Debt Belied on 6% cost or bonowing with semi annual payments calculated on the required debt amount (4.7) Imptl 50 W levy based on 1% Iorease for every 5450,000 in additional debt payments (based on 2008 General Tax Levy) a Does not Include atemate pacing for full paring Mt for sepe(ato quote- $837,000 The carrying costs of the project for the construction peal will be included In the General Purpose Budget. SArenaLNiegara Falls Arena Complex/4 Pad Arena- 200 &29 30 yr amon_xls NIAGARA FALLS ARENA FINANCIAL COMPARISONS: SUMMARY 30 YEAR AMORTIZATION 2006 Councn Approval Aupust 7 62 Data I 2006 tend September 8, 2008 CAO- 2008 -03 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Re CAO- 2008 -03 Bob Gale Complex Donation and Recreation Fund Agreements RECOMMENDATION BACKGROUND. err at; e Album 1) That Council approve the agreement between the Corporation of the City of Niagara Falls and Gale's Gas Bars Limited, setting out the terms of the $1,000,0000 donation toward the capital costs of the new four pad recreation complex (Bob Gale Complex), and the $250,000 contribution to establish the Bob Gale Recreation Fund, and that the Mayor and Clerk be authorized to execute such an agreement; 2) That Council approve an agreement between the Corporation of the City of Niagara Falls and the Niagara Community Foundation to establish the Bob Gale Recreation Fund as an endowment fund to be held by the Foundation in perpetuity, and that the Mayor and Clerk be authorized to execute such an agreement; and further 3) That Council appoint a member to serve on the Bob Gale Recreation Fund Committee Councttlor Toanhoni a.ppoLn +ed- In January 2008, Bob Gale Jr the proprietor of Gale's Gas Bars Limited, made a generous $1.25 million commitment toward the construction of a state of the art arena facility in Niagara Falls, scheduled to open in 2010 Mr Gale designated one million dollars of the donation toward financing the construction of the facility, and $250,000 to a fund that will provide financial assistance for individuals who, due to financial constraints, are unable to participate in recreation and leisure programs, Mr Gale's donation will be provided over a ten -year period, and commenced with a $20,000 contribution in July 2008 Working Together to Serve Our Community September 8, 2008 2 CA0- 2008 -03 The $250,000 designated to enable disadvantaged individuals to access recreation and leisure activities and programs will be invested through the Niagara Community Foundation, where the money will be put into a permanent, income earning endowment fund As the funds for the endowment will be provided in the last installments of Mr Gale's donation, a major fund raiser will be held in 2009 and other individuals and community organizations will be encouraged to contribute to the fund This will ensure adequate funding is available to provide assistance commencing the day the Bob Gale Complex opens its doors in 2010 A Terms of Reference for the Bob Gale Recreation Fund has been prepared and is attached for Council's information. The Committee established to administer the Fund will include a member of Niagara Falls City Council, to be selected at the September 8, 2008 meeting of Council JM:dm Attachment: Terms of Reference Respectfully submitted fr John MacDonald, Chief Administrative Officer Bob Gale Recreation Fund Terms of Reference Background In January 2008, Bob Gale Jr proprietor of Gale's Gas Bars Limited, made a generous $1.25 million commitment toward the construction of a state of the art arena facility in Niagara Falls, scheduled to open in 2010 Mr Gale designated one million dollars of the donation toward financing the construction of the facility, and $250,000 to a fund that will provide financial assistance for individuals who, due to financial constraints, are unable to participate in recreation and leisure programs. The Funds The $250,000 designated to enable disadvantaged individuals to access activities and recreation and leisure programs will be invested through the Niagara Community Foundation, where the money is put into a permanent, income earning endowment fund Funds for the endowment will be provided in years 2016 and 2017 of Mr Gale's donation It is anticipated that the fund will be initiated in 2009, and replenished thereafter, through fundraising initiatives and donations In -kind donations and discounts from other local businesses will be encouraged. Program Goal To help individuals facing adverse financial circumstances participate in active and healthy lifestyles pursuits. Funding Criteria To be eligible for funding the following criteria must be met: an application form must be completed funding can be used to cover registration fees, equipment costs, and transportation costs the same individual can be funded for successive seasons maximum support is for one activity per individual per submission period more than one individual per family can be funded during the same period 100% of the monies paid to support a individual go to the direct benefit of the individual reimbursements for program, equipment or transportation already paid shall not be granted funding supports an individual's participation in an activity, not a team or group, or to create an inventory of equipment funding will be provided to eligible residents and taxpayers of Niagara Falls only The Application Process The Bob Gale Recreation Fund application process is as follows. each year, a portion of the funds will be distributed through an application process The Committee will meet four times per year to review applications from the following submission periods. Spring Submission period Summer Submission period Fall Submission period Winter Submission period applications will be posted on the City of Niagara Falls website for downloading, and will be available at the following locations: The Bob Gale Complex Gale's Gas Bars in Niagara Falls Niagara Falls City Hall Public Libraries in Niagara Falls individuals must complete an application by the deadline to be considered applications will be reviewed by the Bob Gale Recreation Fund Committee as part of the review process, the Committee may solicit the advice of other knowledgeable individuals or organizations. Bob Gale Recreation Fund Committee The Bob Gale Recreation Fund Committee will ensure the appropriate distribution of funds to eligible applicants in Niagara Falls, while protecting the privacy and confidentiality of participating children /youth and their families. This volunteer Committee will review all applications on their individual merit, and will provide fair and equitable consideration for all eligible applicants. The Committee will be comprised of nine members Voting will take place by consensus. -3- The inaugural volunteer committee will be comprised of Bob Gale Jr David Schram John MacDonald Don Jackson Mick Wolfe Jessica Friessen Janie Palmer Darryl Teutenberg Niagara Falls City Council Appointee Replacement of committee member vacancies will be made by consensus of the committee Corporate Services Department Clerk's Division Inter Department Memorandum TO: His Worship Mayor Ted Salci DATE September 8, 2008 Members of Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: Sign Variance for IHOP Restaurant /Ha Niagara qll Council may be aware that the IHOP (aka the International House of Pancakes) is slated to open at 7514 Lundy's Lane. Two proposed signs for the new business are in excess of the Sign by -law; however, the variances are considered insignificant by City staff. At 7514 Lundy's Lane, the Ground sign proposed will be short of the required distance (100 feet) between Two (2) Ground signs by 4.5 feet (i.e., 95.5 feet between ground signs). At 5920 Montrose Road, an additional Ground sign is proposed. Being that the sign is not at the location of the business, the maximum square footage permitted by the By -Law is 32 square feet. The intended sign is 42 square feet. 10 square feet over what is permitted. Although more significant in nature than the other variance, given the location of the subject sign and size of the area, staff is of the opinion that the 10 square foot difference would hardly be noticeable. It should be noted that under the proposed new Sign By -law, such minor variances can be handled at the staff level, however, until passed such matters still require Council approval RECOMMENDATION. For the approval of Council Working Together to Serve Our Community Clerks Finance Human Resources Information Systems Legal Planning Development August 29, 2008 Mayor Salci City Council Dear Members: 3711 Gunning Drive Chippawa Niagara Falls, Ontario, L2G 6L5 A month ago I was asked by a lady, Ellen Francis of 3470 Weaver Road in Willoughby Township, Niagara Falls, who she could contact on putting a cross walk from the Royal Bank to Cummington Square in Chippawa. I suggested that she should place petitions in the Royal Bank for residents to sign. As you can see many residents have signed the petition in agreement. This cross walk is very important to the seniors who at the end of every month go to and from the bank to cash their cheques. I myself have witnessed many times that seniors with canes and walkers are trying to cross the road safely We are asking City Council to have a cross walk put in and it would be greatly appreciated by our seniors and their families. For the sake of a couple of lines on the road it may prove to save a persons life and make it easier for people to cross the road at that point. I myself and the people on the petition hope that City Council will take this matter ve D seriously Don Ede 4- To Mayor Saki and Council Members We, the undersigned, would like a crosswalk put in from Cummington Square over to the Royal Bank. NAME ADDRESS p j F rm- -n.tl.e 70 3/' A I' fi�La�J all C,unn i l» IV°R of IF 75 the./ kJ /Ur On C.tn tz 4 ti ?CO fit egos- G1os car.4-l✓ Aceu 5 for 11,4 /kyr/JiY /J -F -D- L gob-7 LAmae✓T A6 Lit 7d`? 1- -�/e)n •s AG Flew ey b 7 .C CAS /9/0-it)/51 y 8 63 C‘_,,,,„,,,.. sQ 6 N SW 77 °elE' 2 j Y J �1 833s Mir -.2.9-C M /,--P 4 9/7-1 bek-17211 ic/St k Or 71Q-d V ��l R 1, Cebt V' g (0 33 ltun. ST iv ad,. oil> 4,+ To Mayor Saki and Council Members We, the undersigned, would like a crosswalk put in from Cummington Square over to the Royal Bank. V hq,,, )11/47 .C9. 1 )0qq tic 5her ,Sf t1/.it 1± ,/,,uu 36 qcr c,- ..z. D/ al. r AA 1 sus a, 'z Pit (Qk/ c� s t «.E; /r /6t /der✓ sJ CWi /D 0 .---2-1.-7-) 7[ o `f o 6,5 221_,-,22 e 1 4 /066 s s'r2.4 -,pia 0 1 1 4uC lin( n q y y 7 /a f 46 1 i -fi u., Fat.. 4-24 4 4 7 eck a d a;% 45 yea 7 C/ 1., /1 7 3 -I (Th l' X 4 0 h I uv ,6u- 0 o L I0 zo no,\ sS 4 vim. •vn (*RA I Ir C\ g- I5 c `c-P.. C s rx4A) 4 ox q Li 4 3/2/7 ✓�P,� ��1-'i, tP. vErAi //k/b-( AIM s� M S,# o'er., c,(Z i i 1 fil A rn) `ICA C1 laic Q .Xl o 1 s r 3 (J 235.E P F79 Soo .2 c1 Ait ,e .,z ,,i, j Y SG 2v _e _a-v---k_ It C\ d ZA `'Nr1 t\\ ,S cr,i,...i Toi. /4 w' 'Ea tc Or IV i c Azycy 1 ^1 :r— isb\-i- g1,k°, .(A..! A /9• O rl� 4 Qhr N(/. A/A- /g/t7/r/s r 'f /l a NAME ADDRESS l'. Y, Liles 1 o l, NO; ripcuvuA V Cv NM i lr ire-, _rmaS2 I a7 D.CQ C (X c Q cc 11 aftf bl at/ I\hL :)trig, a r t� AAh Pit .k_ 0', 1k. 'dpi'0'�w4_ L /v 4"1 �S C7 i P To: Mayor 5alci and Council Members We, the undersigned, would like a crosswalk put in from Cummington Square over to the Royal Bank. 7 i. G•N•G•H FOUNDATION A HEALTHY INVESTMENT September 2, 2008 NMI:. FPI c i_'! ERKS 'OR 0907; (1Lh5' Mayor Ted Salci and Members of Council Clerks Office, City Hall 4310 Queen Street, Niagara Falls, ON L2E 6X5 Dear Mayor Salci and Members of Council. I am writing on behalf of the Palliative Care Team at the Greater Niagara General Hospital to seek council's approval and support for a change in venue for the Palliative Care Memory Tree fundraising initiative. This year marks the 16 annual Memory Tree fundraiser All monies raised through this initiative go directly to support the Palliative Care Program at the GNG site. The goal of this program is to promote the best possible quality of life for patients and their families. The program strives to provide comprehensive and coordinated care to terminally ill patients and their families in order to address the diverse physical, psychological, social and spiritual needs that accompany the disease process. The annual Memory Tree lighting is planned for 7 pm on Tuesday, November 18` this year. We are asking council to grant permission to allow us the exclusive use of the city lighted tree at Stamford Green for our Memory Tree program on an annual basis. Donors and guests (including members of Council) will be invited to gather at Stamford Green to witness the lighting of the tree and then adjourn to St. John's Anglican Church for a time of celebration and refreshments. We recognize that this will require the participation and support of various city departments and services including the Parks and Recreation department and the Municipal Works street lighting program and we welcome the opportunity to work with them to support the Palliative Care Program. Established in 1983, our Palliative Care Program is hospital based with community outreach. Our program has all the components necessary for excellence in palliative care as set by the Standards of the Canadian Palliative Care Association. It is as a result of donations made in memory of loved ones along with other fundraising initiatives and the generosity of our community that we have been able to provide this program in our city In previous years, the Memory Tree fundraiser has been marked by the lighting of a Christmas tree at the GNG site followed by a time of fellowship for the families who have had a loved one die on the Palliative Care Service. Given the physical changes to the GNG site it is no longer practical to host the tree lighting at the hospital. With your approval we hope to continue a community event that will generate gifts to help sustain this valued program in our city and to honour the memory of those who have died. Thank you for your consideration of our request. Respectfully, M�`✓'' erville Susan Berry Executive Director Palliative Care Program Co- ordinator GNGH Foundation GNG Site cc Dr. David Nicholson GNGH Foundation Board y) GN/hN(C) Dean Iorfida RE: Friends of Stamford Village Contact �n� z vAe.—_........-.. JE& 1YS]; �Ym' TSl S` k�54? SB. i. 9 (AU.uW1Z"i6T.25k:�'.Y3k°^'�'+4i •••••.d19ffIX'^�3Ae5•"°�.e.oev.. From: "Somerville, Michael" Michael .Somerville @niagarahealth.on.ca> To: 'Dean Iorfida' <diorfida @niagarafalls.ca> Date: 9/3/2008 9 AM Subject: RE. Friends of Stamford Village Contact CC: Denyse Morrissey <dmorrissey @niagarafalls.ca "Berry, Susan" Susan .Berry @niagarahealth. on. ca> Good morning Dean. I dropped off the letter to Council this morning to your office. I just spoke with Ron and Joan Brown to describe our proposal. Joan indicated they have an executive meeting in the next couple of days but she saw no problem in supporting our request. She noted she would advise the executive accordingly I have asked Sue Berry (Palliative Care Program Co- ordinator) to join me in attending the Council meeting on Monday evening so that we would be available to answer any questions Council may have. Thanks again for your assistance and for suggesting we contact the Friends of Stamford Village. Michael Somerville Executive Director Greater Niagara General Hospital Foundation (905) 358-4900 From: Dean Iorfida [mailto :diorfida @niagarafalls.ca] Sent: September 2, 2008 4.33 PM To: GNG Foundation Cc: Denyse Morrissey Subject: Friends of Stamford Village Contact Thanks Dean Page 1 of 2 Mike/ Carrie: Here's the contact for the Friends of Stamford Village: Contact Ron Brown, Executive Secretary, at 905- 356 -5876 or rbrown@becon.org for more information. Although the Green is City property, we would want the Friends to endorse the tree on the property as the Memory Tree for your initiative. file: /C:\Documents and Settings \di202 \Local Settings\ Temp\XPGrpWise \48BE5456Domai... 9/3/2008 August 19 2008 Mayor Ted Salci 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Salci The Royal Canadian Legion NIAGARA FALLS (ONT NO 51 BRANCH) On behalf of the Royal Canadian Legion Branches 51, 396, and 479, we request that the week of September 21s to 27 be procliamed "LEGION WEEK" This week will be observed through Canada and many Branches will have activities to make the public aware of Branch and Community Projects Branch 51 will be responsible for the payment of publication of the Proclamation in the Niagara Falls Review Thank you for your attention to this very important event. For any further information, please contact the Branch 51 office g at 905- 354 -8331, regarding Legion Week Yours truly, 42..Gt L( i '+.c A/C Stuart Craig Pres. Br 51 5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905- 354 -8331 The Royal Canadian Legion NIAGARA FALLS (ONT. NO 51 BRANCH) LOGO CITY OF NIAGARA FALLS PROCLAMATION NIAGARA FALLS ROYAL CANADIAN LEGION WEEK WHEREAS, The Ontario Command of the Royal Canadian Legion has set aside the 21st to the 27th day in September as Legion Week in Ontario and WHEREAS, The Royal Canadian Legion is represented in the City of Niagara Falls by Niagara Falls Branch 51, Chippawa Branch 396, A C McCallum Branch 479. WHEREAS, The contributions of the Royal Canadian Legion Branches to the Community, in youth programs, senior programs, as well as their work in caring for veterans and their families and their active remembrance of civic recognition. THEREFORE, I Mayor Ted Salci, hereby proclaim the week of September 21 to 27 2007 as "NIAGARA FALLS ROYAL CANADIAN LEGION WEEK" in the City of Niagara Falls TED SALCI MAYOR 5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905- 354 -8331 August 19 2008 Mayor Ted Salci 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Dear Mayor Salci On behalf of the Royal Canadian Legion Branches 51, 396, and 479, we request that permission be granted for a Legion Flag Raising Ceremony to be held on Sunday, September 21s 10 OOa m., in honour of Legion week. This week will be observed throughout Canada and it would be greatly appreciated if permission could be received to fly the Canada Remembers flag at City Hall We also request your presence and members of City Council at this event We appreciate your attention to this matter Yours truly, Stuart Craig Pres Br 51 The Royal Canadian Legion NIAGARA FALLS (ONT. NO 51 BRANCH) 5743 Valley Way, Niagara Falls, Ontario L2E 1X7 Tel: 905 -354 -8331 Dean Iorfida Responsible Dog Ownership and Canine Safety within your community rrImarmnrisse°x^ airarim 14 :1 mcsaeW mMW,S4W 141 Sonny Allinson Manager Communications Division The Canadian Kennel Club Page 1 of 5 From: "Sonny Allinson" <sallinson@ckc.ca> To: <ccopeland @coldlake.com <dlogan @cityofgp.com <mayor @lethbridge.ca <mayor @medicinehat.ca>, <lynne.mulder @reddeer.ca>, <MayorFerguson @abbotsford.ca <postmaster @bumaby.ca>, mayor .mcdonell @campbellriver.ca>, <mwilson @coquitlam.ca>, <swinchester@courtenay.ca <b_reed @cranbrook.ca <jeglinski @fortstjohn.ca <mayor @kamloops.ca <council @cityoflangford.ca <Gary.korpan @nanaimo.ca>, <postmaster @newwestcity.ca <mayor @penticton.ca <citypa @portalberni.ca>, <youngs @portcoquitlam.ca>, <mayor@city.pg.bc.ca mayorandcouncillors @richmond.ca> <sam.sullivan @vancouver.ca mayor @brandon.ca> <mayor @steinbach.ca <johnston @city.thompson.mb.ca <city @bathurst.ca>, <ivan.court@saintjohn.ca>, <cpender @comerbrook.com <dokeefe @stjohns.ca <gvantighem @yellowknife.ca>, <kellyp @halifax.ca>, mayor @city.charlottetown.pe.ca cmairie @ville.baie- comeau.gc.ca>, <erouleau @ville.dorval.gc.ca <mayor @citypa.com mayor .ellis @city.belleville.on.ca cmayor @brampton.ca>, <mhancock @brantford.ca>, <mayorjackson @burlington.ca <mayor @cambridge.ca <mayor @cornwall.ca rick. hamilton @city.elliotlake.on.ca>, <mayor @guelph.ca <hrosen @cityofkingston.ca <adecicco @london.ca <mayor @mississauga.ca>, <tsalci @niagarafalls.ca>, <mayor @cityofnorthbay.ca>, <jgray @oshawa.ca>, <Larry OBrien@ottawa.ca>, <mayor @peterborough.ca>, <mayor @city.pickering.on.ca>, <mayor @city.sarnia.on.ca>, <mayorjohn @cityssm.on.ca <bmcmullan @stcatharines.ca>, <dmathieson @city.stratford.on.ca <lpeterson @thunderbay.ca>, <mayor_miller @toronto.ca>, <mayoro @city windsor.on.ca> Date: 9/3/2008 6 18 AM Subject: Responsible Dog Ownership and Canine Safety within your community Attachments: RDOG_Mayor Letter.doc Good Day, The Canadian Kennel Club and likeminded organizations (including Canada Post, Canada Safety Council, CFHS and CVMA) are concerned about canine safety and support responsible dog ownership in every part of Canada. We would ask that you take 10 minutes of your time to review the attached invitation seeking support within your community for the first National awareness campaign on this issue. I thank you in advance for your time and please find the most recent communication to our 25,000 members below for your reference. file: /C:\Documents and Settings \di202\Loca1 Settings \Temp\XPGrpWise \48BE49BCDoma... 9/3/2008 CANADIAN KENNEL CLUB 200 RONSON DRIVE, SUITE 400, ETOOICOKE ONTARIO M9W 574 TEL (416i '5 5511 FAX (416) 675 -6506 www.ckc.ca Dear Mayor, On Saturday, June 14, 2008, the Canadian Kennel Club (CKC) announced the first ever "National Responsible Dog Ownership Day" (RDOG Day 1 to be held this September. Events will begin Saturday, September 20, 2008, and culminate in an RDOG Walk, nationally, on RDOG Day Saturday, September 27 Responsible Dog Ownership groups will rally across Canada in neighbourhoods large and small and collectively promote, educate and enlighten. We will speak to the enthusiastic dog lovers attending our events but, most importantly, we must interact with community members unfamiliar with the valued place our dogs have in Canadian society During this week, individual members of the CKC and recognized CKC clubs will provide a variety of outreach activities. The CKC Responsible Dog Ownership Committee has developed a comprehensive information package dealing with "Children and Safety Around Dogs" "Bite Prevention" for people who encounter unfriendly dogs, and a fact sheet detailing "Your Responsibilities in Case of a Bite Incident" Presentations can be arranged, seminars given, obedience clinics offered, school visits undertaken and official CKC "Canine Goad Neighbour" tests for all dogs and their owners made available. Groups within your community can enlist the expertise, information and enthusiasm of our membership during RDOG week and become a proactive part of the RDOG initiative. Your council may wish to begin discussions establishing a year round schedule of combined outreach initiatives simply by contacting your local dog club or the Canadian Kennel Club at www.ckc.ca under "CKC Services" and following the RDOG link The concern for promoting responsible dog ownership extends well beyond the CKC and deep within Canadian society Supporters of the RDOG 2008 inaugural initiative include a growing list of like minded organizations including the Canadian Federation of Humane Societies, the Canadian Veterinary Medical Association, the Pet Industry Joint Advisory Council, the Dog Legislation Council of Canada, Canada Safety Council Canada Post and more. These organizations realize and communicate the importance of responsible dog ownership and the value dogs bring to our society In support of responsible dog ownership across Canada and the RDOG initiative within your city, we request that you officially dedicate the week of September 20 -27 as RDOG Week and encourage ALL responsible dog owners to join the "Walk of Support" Saturday, September 27 on RDOG DAY! I would like to encourage you to contact the directly should you wish further information or assistance services of the CKC within your community Please email or don't hesitate to call. Regards, Sonny Allinson Manager Communications and Marketing The Canadian Kennel Club (416) 674-3678 sonnyna,ckc.ca www.ckc.ca CLUB CANIN CANADIEN RDOG Day is a Canadian Kennel Club initiative accessing the ATTENTION CKC CLUBS AND MEMBERS! RE: National Responsible Dog Ownership Week please forward this message as appropriate and post to that lines! RDOG Made Simple SEPTEMBER 20 -27, 2008 Page 2 of 5 The responsible dog ownership initiative (RDOG) including the week beginning September 20 and building up to the first National RDOG DAY September 27, 2008 is an initiative of the Canadian Kennel Club. RDOG DAY is supported by a growing list of like- minded organizations beyond CKC and is pro ritiens intended to encompass all dogs and dog owners across Canada It will be supported in local communities by Responsible Dog Ownership Groups (RDOG's) through their local initiatives which can embrace any and all aspects of the need for education, supporting responsible dog ownership in Canadian communities. The issues and values associated with responsible dog ownership extend well beyond the purebred world and our input, canine expertise and pro- active contribution as CKC members at the local community level will have a positive impact everywhere. The following statement captures the essential purpose behind the RDOG initiative, RDOG PURPOSE The Canadian Kennel Club is committed to the furthering of responsibility for the ownership of dogs in Canada As experienced and knowledgeable dog enthusiasts, we come together as members to support the dog- owning public by educating those owners in the responsibilities associated with bringing a dog into the home. This commitment brings with it significant responsibility to the dog, the family and to the greater community in which you live. From evaluating your readiness for a new dog, through determining the breed that is right for you, from integrating the dog into the home through advice on health, training and canine good citizenship, CKC members in large cities and small villages in every part of Canada provide the support, advice and guidance to families interested in canine companionship to better enable Canadians to be responsible dog owners. Who? RDOG activities can and should involve all dogs, be initiated by local recognized CKC file:l(C:\Documents and Settings \di202\Local Settings \Temp\XPGrpWise \48BE49BCDoma... 913!2008 clubs and members and be visible to the immediate community As well as empowering our own membership and clubs to be involved with the RDOG initiative we must, as members of the CKC, engage other community groups concerned with the issue and encourage their active participation in support of the RDOG campaign. What? Any activity is worthy and possibilities are only limited by imagination. It is understood and positive that activities may be an extension of what clubs and individuals are already involved with Under the RDOG "umbrella" we are simply consolidating a national effort for the RDOG campaign It is also understood that planned activities will vary across the country based upon the available resources including, human, time based and financial Activities might include coordinating local walkers for the National RDOG DAY "Walk of Support hosting a CGN test or demonstration, visiting and speaking with local officials including your Mayor and local politicians at the municipal, provincial and federal levels. Contacting local press is important to announce your event and offer background interviews to T V radio and print media Bring the public (and press) to a dog show scheduled that week could be a simple opportunity or setting up an obedience demo with your club at neighbourhood recreation centers, holding seminars on safety, grooming, or choosing a dog as library talks. Speak to your school boards and discuss regularly scheduled visits to children as part of their school program All of these suggestions are simple and will increase the community awareness of the contribution that CKC members can make within our society When? Responsible Dog Ownership Week begins Saturday, September 20 and culminates in RDOG DAY Saturday, September 27, 2008 Please consider hosting events any time during this week and particularly joining the "Walk of Support" on RDOG DAY Bring your friends, family, dog park buddies you're your dogs lots of them! Further details on the walk are posted to the CKC website www,ckc.ca Plan your walk to begin at a local landmark, prominent location or better yet your Municipal offices or City Hall. Nationally the walk begins at 11 00 a m (lasting for 45 minutes) and all walkers returning to your designated starting point by 11 45 a m It will be through the efforts of local organizers and clubs that you are well represented Tell the dog- owning public the details by using the RDOG_poster or RDOG flyer, and download and wear the RDOG arm band (also available on our website) Most importantly, communicate directly with the press in your area (Print, Radio, T V Extend an invitation to participate or at the very least come to the location at 11 45 a m for interviews, information and local public interest stories. This is important for media coverage. Communicate this information to all interested parties particularly the local news media (papers, radio, T V Where? The build up week to RDOG DAY will take place across Canada in local neighbourhoods everywhere The more encouragement from groups like yours, the more activity and promotion by all CKC members and supporting organizations the more effective the campaign will be. Encourage other CKC members and clubs plus like minded dog lovers in your community to contribute or participate. The more local visibility we create the more impact our positive contributions will have on canine safety, awareness and educational opportunities. The value our canine friends bring to Canadian society will only be recognized and respected through our collective contributions and input to the communities where we live When we offer our skills, expertise and knowledge directly to our neighbourhoods we will be seen as pro- active positive contributors. We should be available to help and encourage those needing our information to contact us directly so we can explain the benefits we can provide as CKC members and dog Page 3 of 5 file: /C•\Documents and Settings \di202\Local Settings \Temp\XPGrpWise \48BE49BCDoma... 9/3/2008 experts. Why? In order to draw attention to the critical need for greater public focus on the issue of responsible dog ownership, the Canadian Kennel Club RDOG initiative provides a National campaign message, that not only CKC members can support, but in a true spirit of cooperation, all organizations concerned with responsible dog ownership can too The list of supporters is growing rapidly and continues to do so All supportive organizations will soon be posted to the CKC website at www.ckc.ca Currently the RDOG initiative boasts national supporters beyond the CKC, including Canada Post, Canada Safety Council, CFHS, CVMA, DLCC, Banned Aid Coalition, Responsible Dog Owners of Canada, plus official CKC partners such as Petsecure, Eukanuba, BMO and BF Lorenzetti. Support in the form of communications design and consultation is coming from KIK Associates, Davidson /Greenwood Associates and media support from Dogs in Canada Magazine and e -media vehicles such as the Proctor and Gamble "Everyday Solutions" which will reach over 1 2 million subscribers on August 27 then again prior to RDOG DAY Sept 27 courtesy of fAMS Brand dog food and our list is growing How? The strength and purpose motivating the RDOG initiative is based on common and collaborative understanding that responsible dog ownership must be instilled in all dog owners. It must be consistent messaging and be promoted at every opportunity from every corner of the canine community The cornerstone for success in this inaugural year and more importantly for continuing success in the future depends on local outreach, promotion and interaction As CKC members, we have valuable knowledge to provide, but to do that we need to be visible within our own communities and to our neighbours. The RDOG initiative will give us the opportunity but we must all take up the responsibility WHAT NEXT? Check the CKC website at www.ckc.ca under Services and follow CKC RDOG's Day for more information then, follow the 3 simple steps below 1) Plan an Event in your community between Sept 20 and 27 2) Tell your community! Tell CKC at rdogs @ckc.ca including the details. 3) Organize then join the National RDOG DAY "Walk of Support" on Sept 27 A MESSAGE FROM THE CKC BE RESPONSIBLE, YOUR DOG WILL LOVE YOU FOR IT! If you have general questions, need further assistance or want to provide event details please email rdogs@ckc.ca For press information or to support the RDOG initiative contact: Sonny Allinson Manager, Communications and Marketing Division The Canadian Kennel Club sonny©ckc.ca Page 4 of 5 file: /C:\Documents and Settings\di202 \Local Settings \Temp \XPGrpWise \48BE49BCDoma... 9/3/2008 September 8, 2008 L 2008 -32 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members. Re L- 2008 -32 Declare Surplus Lot 217, Plan 997 Our File No.. 2007 -96 RECOMMENDATION BACKGROUND Recommended by Approved by Respectfully submitted K. Beaman /L. Banks Niagar a,Falls c A N A n A That Lot 217 on Plan 997, in the City of Niagara Falls "subject lands be declared surplus. The City has had some interest shown in the subject lands which are located on Hickson Avenue between Buttrey Street to the south and Ferguson Street to the north. The subject lands are irregular in shape and are shown hatched on Attachment "1" to this Report. Public notice of the declaration of surplus and sale was given in the August 30, 2008 issue of the Niagara Falls Review in accordance with the City's By -law No 2003 -02. Based on all of the above, Staff is recommending that the subject lands be declared surplus in anticipation of the sale of same Ken Beaman, City Solicitor K, E. Burden, Executive Director of Corporate Services ox,1023 NiagaralFalls P,ON;Canada!L2E6X5, 905- 356 -7521 www.niagarafalls.ca ohn MacDonald, Chief Administrative Officer Working Together to Serve Our Community Corporate Services Department Legal Services r September 8, 2008 F- 2008 -28 niagara His Worship Mayor Ted Salci C A N A D and Members of the Municipal Council City of Niagara Fails, Ontario Members: Re. F- 2008 -28 2007 Reserves and Reserve Funds RECOMMENDATION• That Council review and approve the 2007 transfers to reserves and reserve funds. BACKGROUND- Reserves and reserve funds are authorized by City Council via The Municipal Act and other legislation. Reserves and reserve funds are designated by Council approval for a variety of operating and capital uses. This designation process enables Staff to plan the implementation of services and capital projects using reserves and reserve funds as a source of funding in future years. In September2007, Council approved the City's financial policies as a guideline for three areas of interest. One aspect of the policy referred to financial policies for reserves The annual reporting for reserves has been provided based on the policy The following is a brief explanation of the kinds of reserves and reserve funds. Reserves A Financial Reserve is a financial provision or amount that is designated for a future purpose that extends beyond the current fiscal year Reserves can be obligatory, due to legislation within the Municipal Act or in other legislation binding the Corporation. The legislation for obligatory reserves demands that reserves be established, that the funds be set aside in separate bank accounts and that these be segregated from other reserves. These reserves must be used for the purpose that they were collected for Alternatively, reserves can also be discretionary, that is, established at the behest of Council for purposes of the Municipality The Financial Policies of the City of Niagara Falls identifies five justifications for the establishment of reserves, both obligatory and discretionary To provide stability of tax and user rates To provide financing for one time or short term requirements To segregate funds received and /or to be used for a specific purpose To make prov s for replacements acquisitions of assets /infrastructure To provid, ifor future liabilities incurred in the current year expenditure Corporate Services Department Finance k�€ tjgsFt 431 0Queen5treet .0 Box 1023. Niagara Falls, ON; Canada IL2E <905- 356 -7521 www.niagarafalls.ca, Working Together to Serve Our Community Reserve Reserve Funds as at December 31, 2007 Obligatory Discretionary Total Capital $4,660,873 $43,599,199 $48,260,072 Development Charges $11,955,424 $0 $11,955,424 Stabilization $0 $6,457,539 $6,457,539 Program Specific $0 $6,322,901 $6,322,901 Vehicle Equipment $0 $656,521 $656,521 Buildings Facilities $0 $2,113,302 $2,113,302 Corporate Liability $0 $4,169,776 $4,169,776 Total $16,616,297 $63,319,238 $79,935,535 F- 2008 -28 2 September 8, 2008 The major classification of the reserves and reserve funds are as follows; Capital Reserves Development Charge Reserves Stabilization Reserves Program Specific Reserves Vehicle Replacement Reserves Building Facility reserve Corporate Liability Reserves The balance of the total reserves and reserve funds held at December 31, 2007 is $79,935,534 and is highlighted in the attached chart below Additional information is provided on each classification as follows. 1 Capital Reserves These reserves are established to make provisions for replacements and acquisitions of infrastructure as it relates to water, sewer and general assets. In 2007, the implemented policy suggested that amounts should be phased in over 5 -10 year period. At the end of 2007, the balance in this area is $48,260,072. This category has a wide variety of reserves and include both large discretionary items and large obligatory funds. Examples of reserves in this area include. Capital Funding Reserve for Water Projects $6,049,096 (discretionary). Transit Gas Tax Rebate (Provincial) Reserve Fund $1,436,879 (obligatory) Convention Center Capital Reserve Fund $18,028,258.(discretionary) Staff in the City's Finance and Municipal Works divisions are currently finalizing the inventory of the capital assets of the City's infrastructure and will use this information to evaluate the adequacy of the reserve levels. F- 2008 -28 3 September 8, 2008 2. Development Charge Reserves These reserves are established for the development of new infrastructure due to growth These are obligatory and subject to additional reporting to Council see F- 2008 -29). At the end of 2007, the balance of the reserves in this area was $11,955,424 Staff is currently reviewing the DC background study and will be recommending a new bylaw in 2009 3. Stabilization Reserves The purpose of these types of reserves is to provide separate reserves for the stabilization of tax rates, water and sewer rates, waste management and building permit rates. These reserves are discretionary and represent prudent financial planning for the Corporation The balance at the end of 2007 was $6,457,539 This category consists of discretionary reserves, however it also includes the operating surplus from the previous year which is required to be applied to the calculation of the subsequent year's tax rate. This is a requirement of the the Municipal Act,2001 Examples of reserves in this area include Tax Rate Stabilization Special Purpose Reserve $2,527,008 Building Permit Stabilization Special Purpose Reserve $424,118 Tax Write -Off Stabilization Special Purpose Reserve $115,521 4 Program Specific Reserves The purpose of these reserves are firstly to provide funds that will be used for a specific purpose and secondly, to provide funds for financing one time or short term requirements. There are numerous reserves established with all of them being discretionary At the end of 2007, the balance in this reserve category was $6,322,901 This category consists of discretionary reserves. Examples of reserves in this area include. Downtown CIP Special Purpose Reserve $896,965 Urban Design Guidelines Study Special Purpose Reserve $57,000 Arts Scholarship Young Family Special Purpose Reserve $37,916 5. Vehicle and Equipment Reserves The replacement of vehicles and equipment are funded annually from transfers from the operating budget. The annual funding level for equipment and vehicles will be ascertained through the PSAB 3150 process and through the development of capital replacement plans. At the end of the year the balance in this reserve category was $656,521 This category consists of discretionary reserves. Examples of reserves in this area include Equipment Information Services Special Purpose Reserve $198,000 NF Arena Score clock Special Purpose Reserve $35,381 Water Patrol Boat St Johns Ambulance Reserve Fund- $28,490 F- 2008 -28 4 September 8, 2008 6. Building and Facilities Reserves Discretionary reserves exist for the purposes of refurbishing City buildings and facilities. The annual funding level for these responsibilities will be ascertained through the PSAB 3150 process and through the development of capital replacement plans. At the end of the year the balance in this reserve category was $2,113,302. This category consists of discretionary reserves. Examples of reserves in this area include Improvements Building and Yard Special Purpose Reserve $240,348 Salt Storage Building Special Purpose Reserve $57,000 Energy Projects Special Purpose Reserve $28,490 7 Corporate Liability Reserves in this category are to provide for future liabilities incurred in the current year expenditure. These expenditures are corporate in nature and relate to responsibilities like sick leave workers compensation and employee benefits. These reserves ensure that financial obligations can be met so that the Corporation can avoid wide fluctuations in annual expenditures At the end of the year the balance in this reserve category was $4,169,776 This category consists of discretionary reserves. Examples of reserves in this area include Sick Leave Corporate Liability Reserve Fund $1,073,533 Workers Compensation Corporate Liability Reserve Fund $636,039 Section 37 Special Purpose Reserve $700,000 In addition to the previously shown chart, staff have attached a copy of the summary that has been presented in previous years. This summary highlights the reserves and reserve funds for 2007 showing the balances at January 1, 2007, the amounts added, the amounts used in 2007, and the balances at December 31, 2007 Recommended by Approved by Respectfully submitted Todd Harr on, Director of Financial Services K. E Burden, Executive Director of Corporate Services John MacDonal Chief Administrative Officer RESERVES Special Purposes Working Capital Watermain Improvements Metering Program RESERVE FUNDS (Set aside by Council) Obligatory Development Charges Development Charges bylaw 99 -144 Federal Gas Tax Rebate Infrastructure Federal Gas Tax Rebate Transit Transit Gas Tax Rebate 2% Prklnd Oedictn Chippewa 2% Prklnd Dedicln River Road 2% Prklnd Dedictn Whirlpool 2% Prklnd Oedictn Lundy's Lane 2% Prklnd Dedictn Fallsview 2% Prklnd Oedictn Clifton Hill Discretionary Collins/Toby Debenture 98 -2001 Erwin/Barnett 40 yr licence agreement long 40 yr licence agreement Tenio 40 yr licence agreement Sick Leave Liability L.L. Battlefield Debenture 98-2001 Workers Compensation Fire Stn #5 Willoughby Mtg fund NF Hydro Debenture #8416 -96 Recreation Trail Development Capital /Operating Fund Tree Planting Developers Park Development Sewer and Water Impost Expansion and Renewal Conrail Drainage Prepaid Subdivision Work Sidewalk Constmclion Future Municipal Works Lot Drainage Library Special Projects Library Property Maintenance Library Automation Fund Sanitary (Recycling Surplus) Sports Fnd new equip /program Projs Special Needs' Children Heritage Week Coat of Arms Niagara Tunnel Comm'ty Imprvmt OPG Agreement Water Patrol Boat Branscombe Family Grant Convention Centre Fire Interop Radios Debenture bylaw 56 -2006 RESERVE FUNDS (Set aside by Legislation) Public Purpose (Planning Act) Municipal Parking 2007 CITY OF NIAGARA FALLS RESERVES AND RESERVE FUNDS OPENING TOTAL OPERATING CAPITAL TOTAL CLOSING JAN.1 /07 CONTRIBUTIONS USES USES USES DEC. 31(07 12,538,713.42 8,040,418.13 (2,383,243.18) (985,158.44) (3,368,401,62) 17,210,72993 265,000.00 265,000.00 TOTAL RESERVES 12,803,713.42 8,040,418.13 (2,383,243.18) (985,158.44) (3,368,401.62) 17,475,729.93 CAPITAL HOLDING RESERVE 24,972,799.85 17,115,461.89 (28,460,123.61) (28,460,123.61) 13,628,138.13 326,905 74 14,360.51 341,266.25 17,557 489.02 2,578,086.71 (256,163.33) (8,265,254.60) (8.521,417.93) 11,614,157.80 1,574,402.55 1,077 446.65 (2,560,842.44) (2,560,842.44) 91,006.76 268,136.16 12,270.02 280,406.18 765,769.06 1,183,109.53 (532,000.00) (532,000.00) 1,436,878.59 1,750.00 1,750.00 2,692.75 109,68 2,802.43 33,250.00 33,250.00 96,457.25 7,243.69 (11,275.00) (11,275.00) 92,425.94 436,103.76 157,873.81 (2,130.12) (2,130.12) 591,84745 247 491.74 12,787.67 (1,339.08) (1,339.08) 258,940.33 43,363.87 1,70740 (6,026.47) (6,026.47) 39,044.80 19,098.40 760.76 (1,863.84) (1,863.84) 17,995.32 14,201.86 558.23 (1,38376) (1,383.76) 13,376.33 15,400.45 603.64 (487.60) (487.60) 15,516.49 1,033,827.74 44,512.98 (4,807.37) (4,807.37) 1,073,533.35 64,364.23 2,542.62 (10,014.87) (10,014.87) 56,891.98 1,203,950.50 51,725.36 (619,636.52) (619,636.52) 636,039.36 100,216.89 4,287.22 (17,237.23) (24,915.01) (42,152.24) 62,351.87 82,648.98 3,272.28 (85,921.26) (85,921.26) 51,264.07 2,329.76 53,593.83 6,222,520.18 273,530.02 66,369.01 (115,000.00) (48,630.99) 6,447419.21 15,703.56 2,426.33 (1,400.00) (1,400.00) 16,729.89 118,619.59 4,692.22 (327.34) (4,959.80) (5,287 14) 118,024.67 1,161,883.73 50,875.28 (7,595.23) (7,595.23) 1,205,163.78 207 437.57 6,838.49 (6,924.98) (6,924.96) 209,151.08 556,546.37 27 120.66 (3,380.76) (3,380.76) 580,286.27 179,394.45 7,715.44 (887.85) (687.85) 186,222.04 261,003.40 12,604.75 (1,386.56) (1,386.56) 272,221.59 722,318.08 31,516.47 (4,576.39) (4,576 39) 749,258.16 145,090.77 6,115.11 (587.37) (567.37) 150,618.51 282,776.86 18,794.01 301,570.87 187,672.60 66,725.30 (33,323.03) (33,323.03) 221,074.87 249,566.84 21,254,46 270,821.30 346,621.90 14,995.95 (1,987.54) (1,987.54) 359,630.31 4,544.70 186.16 4,730.86 14,306.87 574.58 14,881.45 53,953.51 2,171.91 56,125.42 2,085.02 86.99 2,172.01 1,285,818.00 54,159.86 (497,061.57) (497,061.57) 842,916.29 208,573.61 5,114.64 (100,199.51) (100,199.51) 113,488.74 25,000.00 3,490.26 26,490.26 14,580.00 576.49 (11,766.28) (11,766.28) 3,390,21 18,053,039.09 (24781.31) (24,781.31) 18,028,257.78 70,000.00 (5,618.66) (5,618.66) 64,381.34 846,413,20 101,853.14 (1,072.55) 892,658.71 36,766.23 (5,053.93) (1,072.55) 947 193,79 (5,053.93) 924,371.01 TOTAL RESERVE FUNDS 37,928,874.54 24,065,612.38 (2,158,525.27) (11,004,294.88) (13,162,820.15) 48,831,666.77 TOTAL OF ALL RESERVES S RESERVE FUNDS 75,705,387.81 49,221,492.40 4,541,768.45 40,449,676.93 44,991,345.38 79,935,534.83 September 8, 2008 F- 2008 -29 His Worship Mayor Ted Salci -and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re F- 2008 -29 Development Charges 2007 Financial Information RECOMMENDATION That Council receive and file the attached financial statements regarding Development Charges for the 2007 fiscal year BACKGROUND Niagarafalls It is a requirement of the Development Charges Act to file with Council a statement disclosing the receipt and application of all development charges collected under the authority of Part II of the Development Charges Act, 1997 The required content for this financial reporting is as follows: Balance as of January 1 The development charges reserve fund balances as reported on the audited financial statements for the preceding year Development Charges Received or Receivable These development charges are to be allocated to the specific service to which they are to be applied Development Charges Refunded The total of all refunds of development charges, including the interest on the refund calculated on the basis of the provisions of section 13 of Ontario Regulation 725/89 The total refunded amount is to be credited to the specific service to which the original charges had=been applied Corporate Services Department Finance '4310 QueenStreet Niagarafalls ;ON,Canada L2E6X5 905 356;7521 wwwnia Working Together to Serve Our Community September 8, 2008 2 F-2008-29 Accrued Interest The total interest earned on all reserve fund investments shall be shown, as well as the apportionment of such interest earnings among the various services Transfers to Capital Fund The total of all amounts transferred to the capital fund including all interest earned on such funds as at the date the amounts are transferred. The total of the amounts transferred are to be credited to the specific service to which the original charges had been applied. Amounts Allocated to Other Services Indicate the amounts which Council has determined are to be transferred from the service originally allocated to another service. Balance at Year's End The development charge reserve fund balance or balances as reported on the audited financial statements of the current year A summary of the financial statement follows. Balance as at January 1, 2007 $17,884,395 Received Development Charges 1,845,007 Refunded Development Charges (68,038) Interest Earned 675,730 Transfer to Capital Projects 8,265,255 Transfer to Operating 116,416 Balance as at December 31, 2007 $11 955,424 As required by the development charges legislation, capital projects that receive funding from development charges are required to report the other sources of funding. A summary of the sources for this total funding is as follows New Development Charges By -law $8,265,255 Ontario Grant 5,716,307 Operating Revenue Fund 390,774 Reserve Fund 148,323 Capital Liability Accounts 5,237,398 Debenture 430,000 Outside Billings 1 051,746 Total Funding $21 239,803 History of Deve opment Charge Reserve Funds Development Charge Revenue Disbursements Interest Earned Year End Balance 2000 $6,046,104 2001 $1,749,850 (151,676) $447,686 $8,091,964 2002 $6,957,782 (414,377) $500,033 $15,135,402 2003 $2,842,786 (827,954) $631,405 $17,781,639 2004 $1,602,164 (5,689,407) $557,811 $14,252,207 2005 $2,523,939 (658,577) $486,469 $16,604,038 2006 $1,334,196 (587,869) $534,030 $17,884,395 2007 $1,776,969 (8,381,671) $675,731 $11,955,424 September 8, 2008 3 F- 2008 -29 Historical Trend of Development Charges During the 2008 budget deliberations, there was significant discussion regarding the development charges accounts. Below is a chart summarizing the history of the development charges account since 2001 As the chart shows, the Development Charge reserve funds are collected and interest is earned during the year Also funds are expended on eligible projects as required, with the amounts collected and expended varying from year to year Revenue from development activity has been consistent over the past seven years except for 2002 where in the funds collected for the Fallsview Casino development skewed the year to year comparison. On the disbursement side, significant expended amounts occurred in 2004 and 2007 showing the use of funds on eligible projects. Lastly, it should be noted that the balance in development charges as at December 31, 2000 was $6,046,104 and this has increased to $11,995,424 as at December 31, 2007 Recommended by Approved by Respectfully submitted Todd Harrison. Dire.For of Financial Services Ken Burden, Executive Director of Corporate Services p John MacDona Chief Administrative Officer 2004 General Government: General Government: General Government: Roads: R23 Casino Roads: R23 Casino Transit: T1 Sanitary Sewer: SS3 Parks Facilities: RF4 Parks Facilities: RF5 City of Niagara Falls History of Transfers from Development Charges to Capital Capital Project Name 2007 Roads. R4: Stanley Avenue Roads: R8 Montrose Reconstruction TSF to 420 Roads: R12: Stanley Reconstruction 9ropshaft Sanitary Sewer' SS7 St David's Sanitary Servicing Sanitary Sewer: SS8 Garner South Sewer (Grassybrook) Storm Sewer: STMS9 Casino Parking Lot (Drainage Area 11) Storm Sewer' STMS10 Front End Servicing Agreements Storm Sewer' STMS11 Garmer Estate Subdivision Storm Sewer: STMS13 McRae Stamford Reconstruction Storm Sewer: STMS23 Kitchener Street Water: W8 Grassybrook West Watermain Library' L2 Community Centre Branch new materials Library: L4 Community Centre Branch Furniture Equipment Library: L9 System Furniture Equipment General Fund: (311000) Weinbrenner 2006 Parks: P19 PRC Strategic Plan Parks Facilities: RF5 Patrick Cummings Memorial Sports Park Library' L2 Community Centre Branch new materials Library: L4 Community Centre Branch Furniture Equipment Library' L5 Victoria Ave Branch Automation 2005 General Government: G2 Development Charges Update Study Roads: R6 New Sidewalk Construction (Montrose) this was for the secffon from The park la Kinsmen to Chamwood Roads: R36 Misc Growth Related Studies Roads: R30 Downtown Core Traffic Study Great Wolf Lodge Parks: P16 C.B. Wright Park Parks Facilities: RF2 Skateboard Park Parks Facilities: RF3 Community Centre (for Sidewalk) this was for the section from McLeod Pc( to the park Parks Facilities: RF4 Girls Home for Soccer Parks Facilities: RF5 Patrick Cummings Memorial Sports Park G2 Development Charges Update Study G4 Land Sales Purchases (MW- 2004 -80) G4 Land Sales Purchases (5401 Ferry) Roads (Murray Street Portion) Roads (Portage Road Bridge Portion) SS5 Fallsview Trunk Sanitary Sewer Girls Home for Soccer Patrick Cummings Memorial Sports Park Development Charge Account Category Sewer 1 Water Roads Sewer Water Sewer Water Sewer Water Sewer Water Sewer Water Sewer Water Roads Roads Sewer Water Sewer Water Library Library Library Roads Parks Recreation Parks Recreation Library Library Library General Government Roads Roads Roads Parks Recreation Parks Recreation Roads Parks Recreation Parks Recreation General Government Roads Roads Roads Roads Transit Sewer Water Parks Recreation Parks Recreation 3,502,938.32 55,727 11 630,549.44 141,000,00 1 121,282.77 612,677.06 345,431.28 458,777.69 34,531.65 140,151.82 12,296.65 1 121,282.77 57,263.85 25,073.94 6,272.25 116,415.87 8,381,672.47 30,828.72 48,619.19 262,956.00 227 410.28 18,054.32 587,868.51 116,338.62 102,224.21 7,633.71 7 124.20 64,973.62 38,870.21 25,224.21 97 432.13 198,755.91 658,576.82 44,484.42 5,000.00 521,914.76 2,118,145.00 639,293.00 70,000.00 1,571,910.00 369,592.32 349,067.30 5,669,406.80 DEVELOPMENT CHARGES RESERVE FUNDS Sub Account Purpose /Service GENERAL SERVICES INELIGIBLE (s.s.2.4; s.s.5.3) Government 176,214 Municipal Works 150,692 General Services Total 326 906 CITY WIDE SERVICES Administration Roads Transit Parks Recreation Library City Wide Services Total URBAN SERVICES OTC Water Sanitary Sewerage Storm Water Managment Fire TOURIST CORE SERVICES Water Sanitary Sewerage Storm Water Managment Fire SUBTOTAL RESERVE FUNDS GRAND TOTAL Urban Services OTC Total Tourist Core Services Total BANK BALANCE (Account #411 -14) BANK BALANCE (Account #63 -19) RECEIVABLES GST rebate INVESTMENTS (as at Dec. 31/07) DUE (TO)FROM REVENUE FUND TOTAL Opening Balance Jan1 /07 Add: Received Development Charges 0 0 0 332,769 48,743 4,211 483 615,574 238,112 74,070 1498,288 390,072 367,319 144,567 6,647 971 1,273,027 899,208 93,757 1,566,765 120,376 2,565,836 209,573 815,210 83,849 5,847,020 507,554 207,695 1,510 428,936 3,117 3,878,484 28,189 547,384 31,610 5,062,499 64,425 17,557,489 1,845,007 17,884,395 CITY OF NIAGARA FALLS DEVELOPMENT CHARGES FINANCIAL STATEMENT OF CONTINUITY FOR THE PERIOD JAN 1 TO DEC. 31, 2007 Subtract: Add: Refunded Interest Development Earned Charges 0 0 0 (2,874) (37,756) (4,568) (9,252) (2,732) (57,181) (130) (709) (1,022) (5,295) (7,157) (179) (1,619) (1,815) (3,700) 7,742 6,619 14,361 13,589 159,349 9,522 58,088 14,503 255,050 33,236 58,116 95,115 31,763 218,229 7,675 15,850 143,320 21,246 188,091 (68,038) 661,370 1,845,007 (68,038) 675,731 Subtract: Subtract: Transfers Transfers To Capital To Projects Operating 0 0 0 0 (230,409) 0 0 (88,610) (319,019) (789,861) (1,345,910) (2,212,925) 0 (4,348,695) (165,487) 341,766 3,090,288 0 (3,597,541) 0 0 0 0 (116,416) 0 0 0 (116,416) 0 0 0 0 0 0 0 0 0 0 (8,265,255) (116,416) (8,265,255) (116,416) Allocation: Transfers Between Services Closing Balance Dec. 31/07 O 183,956 O 157,310 0 341,266 O 392,227 O 4,601,827 0 317,136 0 1,937196 0 435,047 O 7,683,432 O 236,210 O 398,638 O 656,576 O 925,527 O 2,216,951 O 51,306 O 105,958 O 958,086 O 598,424 0 1,713,774 0 11,614,158 0 11,955,424 341,266 6,318,064 1,808 10,777,316 (5,483,030) 11,955,424 September 8, 2008 F- 2008 -30 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members. Re. F- 2008 -30 2007 Capital Accounts RECOMMENDATION For the information of Council. BACKGROUND Revenue for 2007 Operating Accounts Reserve and Reserve Funds Grants Donations Outside Agencies Debt Niagara,Falls Attached is a copy of the capital account summary by department for 2007 These capital projects are carry-overs from previous years and new projects started in 2007 Approval for the projects is from the annually- approved Capital Projects Budget and from Council approvals during the year Opening Balance In the opening balance column, the bracketed amounts had outstanding costs as at the beginning of 2007 and the non bracketed amounts required funding as at the beginning of 2007 Revenue for 2007 came from the following sources: $5,615,712 32,143,546 5,846,409 33,081,042 2,820,000 $79,506,709 109aee ri`1 5treet iP94Box 10230iagata ;Falls,i0N,Canada'L2E6X5._905- 356 -7521 www.niagarafaIIs.ca Working Together to Serve Our Community Corporate Services Department Finance September 8, 2008 2 F- 2008 -30 Recommended by Approved by Respectfully submitted: C. Luey Expenses for 2007 The expenses are authorized and approved invoices submitted to accounts payable for payment. Closing Balance The credit balance column totalling $17,779,018 reflects funded projects that still have outstanding expenditures. The debit balance column totalling $24,119,058 reflects unfunded projects. The funding sources for these are. Operating Accounts Reserves Reserve Funds Outside Agencies Debt This report is intended to provide general information for the 2007 capital account activity fr 8,224,028 5,876,045 5,886,400 4 132,585 $24,119,058 Todd Harris of Financial Services GE C irma Ken Burden, Executive Director of Corporate Services John MacDonald, Chief Administrative Officer CATEGORIES H: \Spreadsheets \Capita112007 CAPITAL.qpw CITY OF NIAGARA FALLS Summary of Capital Account Activity for the Year Ending December 31, 2007 Opening Closing balance 2007 2007 balance Jan. 01 revenue expense unfunded (funded) Dec. 31/07 #100000 General Government 467,845.60 32,860,254.01 18,550,065.95 (13,842,342.46) #210000 Fire Services (23,316.60) 2,113,535.63 827,747.31 (1,309,104.92) #310000 Roadways 7,077,848.97 13,448,053.77 6,713,283.82 343,079.02 #330000 Transit Services 113,436.46 1,337,369.94 1,192,043.26 (31,890.22) #340000 Parking Services 52,777 68 10,000.00 134,918.73 177,696.41 #370000 Transportation Srvs 484,870.44 1,020,000.00 531,297.96 (3,831.60) #380000 Buidling Property Srvs 296,729.85 142,625.00 3,500.00 157,604.85 #390000 Other Transportation Services 0.00 0.00 0.00 0.00 #410000 Sanitary Sewer Services 772,803.45 2,047,738.76 8,744,672.45 7,469,737 14 #420000 Storm Sewer Systems 19,003,038.84 18,812,229.93 6,573,810.37 6,764,619.28 #430000 Waterworks Systems 1,027,088.15 5,419,650.21 4,708,240.42 315,678.36 #450000 Waste Disposal Services (163,694.76) 0.00 0.00 (163,694.76) #540000 Cemetery Services (15,721.22) 24,000.00 39,020.00 (701.22) #710000 Parks Services 479,531 75 651,317.87 958,457.63 786,671.51 #730000 Recreational Facility Services 3,489,770.96 1,370,835.61 3,543,949.92 5,662,885.27 #820000 Commercial Industrial Services 21,906.03 76,950.13 69,343.17 14,299.07 #740000 Library Services 28,431 18 172,147 73 143,051 05 (665.50) 33,113,346.78 79,506,708.59 52,733,402.04 6,340,040.23 Balance in Capital Holding Rsv (13,628,138.13) debit credit balance balance unfunded unexpended 565,013.61 610,283.82 1,247,447.35 0.00 177,696.41 0.00 157,604.85 0.00 7,481,066.22 6,768,723.90 361,836.05 0.00 5,345.23 788,293.68 5,699,665.27 24,210.00 0.00 (14,407,356.07) (1,919,388.74) (904,368.33) (31,890.22) 0.00 (3,831.60) 0.00 0.00 (11,329.08) (4,104.62) (46,157.69) (163,694.76) (6,046.45) (1,622.17) (36,780.00) (9,910.93) (665.50) 23,887,186.39 (17,547,146.16) 04- Jun -08, cjt September 8, 2008 F- 2008 -36 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re F- 2008 -36 Municipal Accounts RECOMMENDATION That Council approve the municipal accounts totaling $24,399,525 09 for the period July 31, 2008 to August 20, 2008 BACKGROUND. The accounts have been reviewed by the Director of Financial Services and the by -law authorizing payment is listed on tonight's Council agenda. Recommended by Approved by Respectfully submitted Niagaraf'alls Todd Hardison, Dir-ctor of Financial Services Ken Burden, Executive Director of Corporate Services t or John MacDona d i fe Administrative Officer O Queen Street Box 1023 Niagara Falls ON >.Canada L2E 6X5 905-356-,7521 wwwniagarafalls.ca: Corporate Services Department Finance Working Together to Serve Our Community CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name 101 DELIVERY 1584484 ONTARIO LTD 1746874 ONTARIO LTD C/O POWERPLAY SPORTS 1760169 ONTARIO INC 1760169 ONTARIO INC 613897 ONTARIO INC O/A NIAGARA SOUND SYSTEMS 730854 ONTARIO INC 912701 ONTARIO LIMITED REGIONAL SANDBLASTING PAINTING 984265 ONTARIO LTD aka CIRCLE P PAVING A COUPLE OF CHICKS MARKETING LTD Al UNIFORM SERVICES LTD ADEPT WINDOW CLEANING LTD AFFILIATED CUSTOMS BROKERS LTD AIR CARE SERVICES AIR CARE SERVICES AIR CARE SERVICES ALERT CARPET CLEANING NIAGARA ALFIDOME CONSTRUCTION ALFIDOME CONSTRUCTION ALL PRO RENTALS ALL PRO RENTALS ALL PRO RENTALS ALLIED MEDICAL INSTRUMENTS INC ALLIED MEDICAL INSTRUMENTS INC AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 AMALGAMATED TRANSIT UNION #1582 ANDERS,CHRIS ANDRIGHETTI,DAVE ANTONIO,CHUCK ARBSEV LTD ARCHER TRUCK SERVICES LTD ARGES TRAINING CONSULTING ASTRAL MEDIA RADIO GP NIAGARA BANK OF MONTREAL BARRY J. LEGG BEL VOLT SALES LTD BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BELL CANADA BENEFIT CAMPAIGN BERARD,MICHEL RENE BERTONI,JOE BERTONI,JOE BERTONI,JOE BHH BENEFITS BIANCO,DOMENIC BIRMINGHAM FIRE CONTROL BIRMINGHAM FIRE CONTROL BOB ROBINSON SON CONSTRUCTION BOBB BARRATT PHOTOGRAPHER BOBBY THE BUILDER BOLIBRUCK,BOB BONIFERRO,JANA BOOL,MICHAEL BORDEN LADNER GERVAIS BOUW,JEFF BOYS GIRLS CLUB OF NIAGARA BRAND BLVD INC BRINKS CANADA LTD BRITISH AUTO SUPPLY BRODERICK PARTNERS BRODERICK PARTNERS BRODERICK PARTNERS IN TRUST BRUNNING,TODD BUNTIN REID BURDON,JEFF C D W CANADA INC C R L CAMPBELL CONSTRUCTION DRAINAGE LTD Cheque No. Cheque Date Purpose 322108 20- Aug -2008 322109 20- Aug -2008 322065 13- Aug -2008 321971 13- Aug -2008 322110 20- Aug -2008 321972 13- Aug -2008 321973 13- Aug -2008 322111 20- Aug -2008 321877 06- Aug -2008 322113 20- Aug -2008 322112 20- Aug -2008 321850 06- Aug -2008 321851 06- Aug -2008 321852 06- Aug -2008 321974 13- Aug -2008 322114 20- Aug -2008 321853 06- Aug -2008 321854 06- Aug -2008 322115 20- Aug -2008 321856 06- Aug -2008 321975 13- Aug -2008 322117 20- Aug -2008 321855 06- Aug -2008 322116 20- Aug -2008 321857 06 -Aug -2008 321976 13- Aug -2008 322118 20- Aug -2008 321858 06- Aug -2008 322119 20- Aug -2008 322120 20- Aug -2008 322121 20- Aug -2008 321977 13- Aug -2008 322122 20- Aug -2008 321859 06- Aug -2008 321978 13- Aug -2008 321979 13- Aug -2008 322126 20- Aug -2008 321860 06- Aug -2008 321861 06- Aug -2008 321980 13- Aug -2008 321981 13- Aug -2008 322124 20- Aug -2008 322125 20- Aug -2008 322127 20- Aug -2008 322128 20- Aug -2008 321862 06- Aug -2008 321982 13- Aug -2008 322129 20- Aug -2008 322130 20- Aug -2008 321863 06- Aug -2008 321864 06- Aug -2008 322131 20- Aug -2008 322073 13- Aug -2008 322132 20- Aug -2008 322133 20- Aug -2008 321983 13- Aug -2008 322134 20- Aug -2008 321984 13 -Aug -2008 322135 20- Aug -2008 321985 13- Aug -2008 322136 20- Aug -2008 322137 20- Aug -2008 321865 06 -Aug -2008 321986 13- Aug -2008 322101 14- Aug -2008 322138 20- Aug -2008 322100 14- Aug -2008 322139 20- Aug -2008 321866 06- Aug -2008 321987 13- Aug -2008 321873 06- Aug -2008 322009 13- Aug -2008 CONTRACT SERVICES TAX REFUND MATERIALS CELEBRATE OLD DOWNTOWN CELEBRATE OLD DOWNTOWN CONTRACT SERVICES REFUND 6182 DIXON ST APPLIC/ MATERIALS CONTRACT 2008 -04 ASPHALT PAT MATERIALS MATERIALS MAINTENANCE /REPAIRS BROKERAGE FEES MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS MAINTENANCE /REPAIRS CONTRACT- SAN.LAT.6571 BURDE1 CONTRACT -MAIN REPLACEMENT -I MATERIALS MATERIALS FENCING RENTAL -LIO MATERIALS MATERIALS MATERIALS PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE TRAVEUMILEAGE JULY 08 MATERIALS TRAVEUMILEAGE AUG 08 COA CONTRACT SERVICES STORES /INVENTORY ADMINISTRATIVE TRAINING CELEBRATE OLD DOWNTOWN REFUND -V FELICETTI /CAVENDISH CONTRACT SALE /SURPLUS ALLO1/ STORES /INVENTORY UTILITIES MATERIALS UTILITIES UTILITIES UTILITIES UTILITIES ADVERTISING REFUND DEPOSIT RE. 6385 PARK CELEBRATE OLD DOWNTOWN CELEBRATE OLD DOWNTOWN CELEBRATE OLD DOWNTOWN MATERIALS MATERIALS CONTRACT SERVICES EXTINGUIS MAINTENANCE /REPAIRS CONTRACT SERVICES HYDRO -V/ ADVERTISING REFUND DEPOSIT 8255 MOUNT OL TRAVEUMILEAGE TRAVEUMILEAGE JULY 08 REFUND RE: 5624 GLENHOLME DE CONTRACT SERVICES MATERIALS GRANT ALLOWANCE SEPT 2008 MATERIALS CONTRACT SERVICES STORES /INVENTORY REMITTANCE -LEGAL FEES HODAN CONTRACT SERVICES DORCHESTER RD PURCH FR HOD MATERIALS OFFICE SUPPLIES REIMBURSEMENT MEDICAL 2008 COMPUTER CONTRACT SERVICES GRADALL F Page 1 of 6 Amount 15.00 4,637.50 453.47 1,050.00 1,050.00 341.25 1,019.82 3,164.00 63,309.01 6,195.00 160.46 4,181.62 122.96 880.58 802.18 995.41 441.00 9,792.84 5,250.00 1 175.20 384.20 655.40 1 141.21 345.93 660.06 660.06 660.06 431.50 150.00 32.50 5,549.25 487.03 882.00 3,150.00 84.55 1 418.32 114.11 8,223.89 1,000.00 1,077 49 42.12 113.00 79.10 115.50 750.00 100.00 600.00 600.00 896.44 150.00 403.94 489.13 1,023.75 3,243.10 750.00 71.50 32.00 750.00 2,268.00 60.00 17,850.00 9,135.79 1,436.10 748.06 6,573.12 132.30 27,000.00 619.68 2,703.00 75.00 3,650.64 6,981.59 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name CALE SYSTEMS INC CANADA CULVERT CANADA CULVERT CANADIAN DOOR DOCTOR CANADIAN LEAK DETECTION CANADIAN NATIONAL CANADIAN NATIONAL CANADIAN PACIFIC RAILWAY CO CANADIAN PAYROLL ASSOCIATION CANADIAN SAFETY EQUIPMENT INC CANADIAN SAFETY EQUIPMENT INC CARRICK,MARZENNA CARTER CAR TRUCK RENTALS CENTRAL TRANSPORTATION REPAIR INC CENTRAL TRANSPORTATION REPAIR INC CENTURY VALLEN CENTURY VALLEN CENTURY VALLEN CERIDIAN CANADA LTD CERIDIAN CANADA LTD CHABAD OF NIAGARA CHAMBER OF COMMERCE NIAGARA FALLS CHARLES JONES INDUSTRIAL LTD CHARLES JONES INDUSTRIAL LTD CHAUDAR,THOMAS CHOWN CAIRNS BARRISTERS SOLICITORS LLP CHRISTENSEN,TRACI CIT FINANCIAL LTD CITY OF BRAMPTON CLAYDON,JEFF CLUB ITALIA ORDER OF SONS OF ITALY CODE 4 FIRE RESCUE INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COGECO CABLE CANADA INC COMMISSIONAIRES CORIX WATER PRODUCTS (EAST) INC COTTON INC COTTON INC COTTON INC COULTER WATER METER SERVICES INC COWAN,HEIDI CRAWFORD COMPANY (CANADA) INC CRAWFORD COMPANY (CANADA) INC CRYDERMAN,GEORGE CUPE LOCAL 133 CUPE LOCAL 133 CUPE LOCAL 133 DERIENZO,A M& DEFILIPPO, A M DEROSE BROS GENERAL CONTRACTING LIMITED DESIGN ELECTRONICS DESIGN ELECTRONICS DESIGN ELECTRONICS DF BROWN ROOFING DJ FONTANA DICARLO,DONATO& DICARLO, ANNA MARIA DIODATI,JIM DUERKSEN,NEIL DUPUIS,ULY E3 LABORATORIES ELEK ATTILA ELLIS ENGINEERING INC ELVIS PRESLEY ENTERPRISES INC. EMPIRE LIFE INSURANCE COMPANY THE ENBRIDGE ENBRIDGE ENERGY HARMONY ENGINEERING CONCEPTS NIAGARA ENSIGN ELECTRONIC ALARM SYSTEMS ETHERINGTON,DAVE EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD EVANS UTILITY SUPPLY LTD Cheque No. Cheque Date 321867 06- Aug -2008 321988 13 -Aug -2008 322140 20- Aug -2008 321989 13- Aug -2008 321868 06- Aug -2008 321869 06- Aug -2008 322141 20- Aug -2008 321870 06- Aug -2008 321991 13- Aug -2008 321992 13- Aug -2008 322142 20- Aug -2008 321871 06- Aug -2008 321993 13- Aug -2008 321674 06 -Aug -2008 322143 20- Aug -2008 321875 08- Aug -2008 321994 13- Aug -2008 322144 20- Aug -2008 322145 20- Aug -2008 321876 06 -Aug -2006 322146 20- Aug -2008 321995 13- Aug -2008 321996 13- Aug -2008 322147 20- Aug -2008 322148 20- Aug -2008 322149 20- Aug -2008 321997 13 -Aug -2006 321998 13- Aug -2008 322150 20- Aug -2008 322000 13- Aug -2008 321878 06- Aug -2008 322001 13- Aug -2008 321879 06- Aug -2008 322002 13- Aug -2008 322151 20- Aug -2008 322003 13- Aug -2008 322004 13- Aug -2008 322005 13- Aug -2008 322006 13- Aug -2008 322152 20- Aug -2008 322007 13- Aug -2008 321880 06- Aug -2008 321881 06- Aug -2008 322153 20- Aug -2008 322010 13- Aug -2008 321883 06- Aug -2008 322011 13- Aug -2008 322154 20- Aug -2006 321884 06- Aug-2008 322012 13- Aug -2008 321885 06- Aug -2008 322013 13- Aug -2008 322155 20- Aug -2008 322014 13- Aug -2008 US DRAFT 0'7- Aug -2008 322156 20- Aug -2008 322103 18 -Aug -2008 322015 13 Aug 2008 322158 20- Aug -2008 322159 20 -Aug -2008 322161 20- Aug -2008 322162 20- Aug -2008 US DRAFT 07- Aug -2008 322017 13- Aug -2008 322018 13- Aug -2008 322163 20- Aug -2008 322164 20- Aug -2008 322165 20- Aug -2008 322019 13- Aug -2006 321888 06- Aug -2008 321889 06- Aug -2008 322020 13- Aug -2008 322166 20 -Aug -2008 Purpose MATERIALS MATERIALS MATERIALS MAINTENANCE /REPAIRS CONTRACT /GAR N E R -MCLEO D /MG CONTRACT SERVICES CONTRACT SERVICES CONTRACT SERVICES MEMBERSHIP RENEWAL OCTS -SE MATERIALS MAINTENANCE /REPAIRS TRAVELIMILEAGE JULY 2008 LEASES AND RENTS MAINTENANCE /REPAIRS ORION MAINTENANCE /REPAIRS UNIT #881 STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY CONTRACT SERVICES LIFEWORK: CONTRACT SERVICES LIFEWORK: ADVERTISING ADVERTISING -GOLF SPONSORSHI STORES /INVENTORY STORES /INVENTORY REFUND DEPOSIT RE: 6425 PARK: CONTRACT SERVICES CONSULTING SERVICES LEASES AND RENTS REMITTANCE- MUNICIPAL SLO -PIT( TRAVELIMILEAGE JUNOS REFUND WATERMAIN PROJECT 21 MATERIALS UTILITIES UTILITIES UTILITIES CONTRACT SERVICES MATERIALS CONTRACT -B R ITTAN IAIH IGH /DEPE MATERIALS MATERIALS MATERIALS REIMB/TUITION ACCT1303 CONTRACT CAMPBELL LAURA CONTRACT- MOYESP SAFETY SHOES PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REFUND WATERMAIN PROJECT 2f CONTRACT DRILL /GARNER /MACLf MATERIALS MAINTENANCE /REPAIRS MATERIALS MATERIALS CORONATION GTR CELEBRATE OLD DOWNTOWN REFUND DEPOSIT RE 7639 WOOD ADMINISTRATIVE MATERIALS LIVESTOCK LOSS TUITION REIMB RE: CARNEGIE NG CONTRACT SERVICES REFUND DEPOSIT RE 4039 FIELDS MATERIALS ENGINEERING SERVIC CELEBRATE OLD DOWNTOWN REMITTANCE -GROUP INSURANCE UTILITIES UTILITIES MATERIALS ENGR SERVICES -P CUMMINGS PK CONTRACT MONITORING JACK BE TRAVEL/MILEAGE JULY 08 MATERIALS MATERIALS MATERIALS Page 2 of 6 Amount 915.30 10,202.58 1,029.20 220.50 630.00 598.50 3,396.24 1,018.23 273.00 994.40 111.60 65.50 744.67 2,926.65 4,005.45 616.98 1,390.59 616.79 1,644.30 1,644.30 72.00 157.50 1,767 10 1,293.63 750.00 663.90 440.00 9,946.40 250.00 199.50 14,228.97 768.40 471.15 373.63 322.85 21 438.69 1,977.50 136,583.70 3,518.32 4,215.69 544.43 254.13 240.00 1,450.00 150.00 4,381.29 4,410.69 4,379.24 511.12 1,050.00 1,597.27 4,284.15 598.28 2,712.15 500.00 750.00 340.00 350.00 1,863.75 4,763.73 750.00 1,622.25 3,250.00 28,738.75 4,876.45 1,407.96 696.08 2,047.50 1,786.06 199.50 185.77 135.04 3,049.67 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS EVERLASTING IMPRESSIONS FIRE TIPS FIRST STUDENT CANADA FLEXO PRODUCTS LTD FLEXO PRODUCTS LTD FORLIN,KATHY FRANK COWAN COMPANY LIMITED FRANK COWAN COMPANY LIMITED FRONTIER EQUIPMENT CO LTD GALES GAS BARS GAULD NURSERIES LTD GAULD NURSERIES LTD GEORGIAN FIREGEAR SERVICE GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLADDING SALES AGENCY LTD GLOBALSTAR CANADA SATELLITE CO GOLIA COLOR CENTRE GORDON WRIGHT LIMITED GRAYBAR ELECTRIC LTD GREENLAWN GRUNSTEIN,MARGARET GT FRENCH PAPER LIMITED GTA TRANSMISSION TECHNOLOGIES INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC GUILLEVIN INTERNATIONAL INC HALCO MOBILE MFG SALES SERVICE INC HALCO MOBILE MFG SALES SERVICE INC NALCO MOBILE MFG SALES SERVICE INC HALF WAY SAND PIT LIMITED HANG UPS99 HENDERSON RECREATION EQUIPMENT LIMITED HERLOVITCH,ALEX HICKS,BRUCE HICKS MORLEY HAMILTON STEWART STORIE LLP HICKS MORLEY HAMILTON STEWART STORIE LLP HISTORIC NIAGARA DEVELOPMENT INC HOLMAN,GEOFF HUNTON,GAIL BI GROUP BI GROUP C I CANADA INC NDUSTRIAL SAFETY EQUIPMENT CO LTD NNOVATIVE SURFACE SOLUTIONS CANADA NSTITUTION OF FIRE ENGINEERS (CANADA BRANCH) OANNONI,CARMINE OANNONI,CAROLYNN J &B JACK,DAVID JACKSON,CHRISTINE JACKSON,DAVE JACKSON,JEFFREY JACOBI,BRIAN JAX COMMERCIAL FITNESS EQUIPMENT REPAIR KELLY DIGS LANDSCAPING KENNEY,GERALD KIDDO THE CHILDREN'S WORLD KIWAN IS CLUB OF STAMFORD INC KNOWLTON PASS ELECTRONICS INC KUCHYT,TOM LAFARGE CANADA INC LAKE'S MAINTENANCE LAURO,VINCENT M L SUPPLY FIRE AND SAFETY M L SUPPLY FIRE AND SAFETY MACH,STANLEY MAIOLO,DOMENICO MANN,TINA MARIE MARINE CLEAN LTD MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING Cheque No. Cheque Date 321890 06- Aug -2008 322021 13- Aug -2008 322167 20- Aug -2008 322168 20- Aug -2008 321891 06- Aug -2008 321892 06- Aug -2008 322169 20- Aug -2008 321893 06- Aug -2008 322022 13- Aug -2008 322170 20- Aug -2008 322023 13- Aug -2008 322171 20 -Aug -2008 321894 06- Aug -2008 322172 20- Aug -2008 322173 20- Aug -2008 321895 06- Aug -2008 322024 13- Aug -2008 322174 20- Aug -2008 322175 20- Aug -2008 321896 06- Aug -2008 321897 06- Aug -2008 321898 06- Aug -2008 322176 20- Aug -2008 321899 06- Aug -2008 322178 20- Aug -2008 322177 20- Aug -2008 321901 06- Aug -2008 322027 13- Aug -2008 322179 20- Aug -2008 321902 06- Aug -2008 322028 13- Aug -2008 322180 20- Aug -2008 322181 20- Aug -2008 322182 20- Aug -2008 322183 20- Aug -2008 321903 06- Aug -2008 322029 13- Aug -2008 322184 20- Aug -2008 322185 20- Aug -2008 322186 20- Aug -2008 321904 06 -Aug -2008 321905 06- Aug -2008 321969 06- Aug -2008 322187 20- Aug -2008 322188 20- Aug -2008 321907 06- Aug -2008 322189 20- Aug -2008 322190 20- Aug -2008 322191 20- Aug -2008 322104 18- Aug -2008 322192 20- Aug -2008 321908 06- Aug -2008 322193 20- Aug -2008 322030 13- Aug -2008 322031 13- Aug -2008 322032 13- Aug -2008 322194 20- Aug -2008 322195 20- Aug -2008 322033 13- Aug -2008 322196 20- Aug -2008 322198 20 -Aug -2008 322199 20- Aug -2008 321909 06- Aug -2008 322200 20- Aug -2008 322201 20- Aug -2008 322034 13- Aug -2008 321922 06- Aug -2008 322213 20- Aug -2008 321911 06- Aug -2008 322037 13- Aug -2008 322038 13- Aug -2008 322203 20- Aug -2008 321912 06- Aug -2008 Purpose CONTRACT -5551 VALLEYWAY CONTRACT 5310 HOUCK MAINTENANCE -3710 SINNICKS CONSULTING SERVICES -FIRE PLA CONTRACT SERVICES -RE C.O.D: t STORES /INVENTORY STORES /INVENTORY TRAVEL/MILEAGE JULY 2008 REMITTANCE- DEDUCTIBLE BILLINI REMITTANCE STORES /INVENTORY FUEL MATERIALS MATERIALS MAINTENANCE /REPAIRS STORES /INVENTORY MATERIALS MATERIALS UTILITIES MATERIALS MATERIALS MATERIALS MAINTENANCE /REPAIRS REFUND EMPLOYEE PURCHASED STORES /INVENTORY MATERIALS STORES /INVENTORY STORES /INVENTORY STORES /INVENTORY CONTRACT SERVICES CONTRACT SERVICES MAINTENANCE /REPAIRS MATERIALS MATERIALS MATERIALS GARNER PARK REIMBURSEMENT CIP CONFEREN MATERIALS CONTRACT SERVICES CONTRACT SERVICES LEASES AND RENTS -ELGIN BLOCH TRAVEL/MILEAGE JULY 08 TRAVEL/MILEAGE JULY 2008 CONSULTING TRANSIT RIDERSHIF CONSULTING RIDERSHIP GROWTI MATERIALS MATERIALS MATERIALS REMITTANCE -FLAM /COMBUST LIQ TUITION REIMBURSEMENT AUGOB ADMINISTRATIVE COURIER MATERIALS TRAVEL/MILEAGE APR -AUG 2008 TRAVEL/MILEAGE JUN08 TRAVEUMILEAGE JULY 08 SAFETY SHOES MAINTENANCE /REPAIRS CONTRACT SERVICES MATERIALS ADVERTISING ADVERTISING CONTRACT SERVICES TRAVEUMILEAGE CONTRACT 2008 -03 ASPHALT OVE CONTRACT SERVICES TRAVEUMILEAGE MATERIALS MATERIALS REFUND FOR WATERMAIN PROJE REFUND DAMAGE DEPOSIT REFUND DAMAGE DEPOSIT CONTRACT SERVICES DUST SUPF CONTRACT SERVICES SKETCH C Page 3 of 6 Amount 2,280.60 367.50 591.15 672.00 1,935.69 267.75 2,722.74 54.00 95,571.72 7,526.00 110.50 557 10 2,079.15 4 462.50 783.20 2,185.73 2,192.20 1,683.24 126.45 920.85 5,174.40 144.06 89.25 300.00 3,319.93 10,674.62 3,898.50 1,582.00 2,373.00 2,249.83 1,343.98 1,057.68 244.08 44.63 945.00 35.90 150.00 11,770.50 6,445.80 3,254.87 120.00 76.50 12,802.62 23,538.07 157.67 27 12 4,505.11 1,499.00 976.23 340.00 36.75 59.31 44.50 238.50 251.00 112.98 220.50 13,307.24 150.00 135.45 150.00 462.32 495.00 60,319.74 20,341.04 362.00 69.84 70.76 511.12 750.00 750.00 17,888.95 1,764.97 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name MATVICHUK,DALE MELVIN MAVES,BART MCDONALD,ROB MCLEOD,DENNIS JAMES ERNEST MCRAE,LEN ME OLSEN TITLES INC MEADOWCREEK HOMES MEMON,AMANULLAH MERCURY GRAPHICS CORPORATION MICRON INSTALLATIONS LIMITED MIGNELLI,CARMEN MIGNELLI,CARMEN MINERVINI,DOMENIC MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE MINISTER OF FINANCE PAYMENT PROCESSING CENTRE MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MINISTRY OF ATTORNEY GENERAL MODERN LANDFILL INC MONTICELLO GRILLE HOUSE AND WINE BAR MOROCCO,JOHN MORRISSEY,DENYSE MUNICIPAL RETIREES ORGANIZATION ONTARIO MUTHIAH,MAURICE NIAGARA BLOCK INC NIAGARA CHAIR A VAN NIAGARA COMMUNITY NEWSPAPERS NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC NIAGARA FALLS ART GALLERY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS HUMANE SOCIETY NIAGARA FALLS SUMMER SWIM LESSONS NIAGARA FALLS TOURISM NIAGARA MOTORS NIAGARA MOTORS NIAGARA MOTORS NIAGARA OCCUPATIONAL HEALTH SERVICES NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA PENINSULA ENERGY INC NIAGARA WATER CONDITIONING LTD NIAGARA WINDOW COATINGS NIAGARA.COM NORTHSTAR CONSTRUCTION NUNNAMAKER,WILLIAM OMERS OMERS ONYEAMA- ASONYE,SAMMY OUTFRONT PORTABLE SOLUTIONS P R W EXCAVATING CONTRACTORS LTD PAGENET OF CANADA INC PENINSULA PURE WATER PENINSULA PURE WATER PETERS EXCAVATING INC PIETRANGELO,VICTOR PINERIDGE TREE SERVICE LTD PRATA,GUY PRAXAIR PROJECT SHARE PROTEL ALARM SIGNAL PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD Cheque No. Cheque Dale 322204 20- Aug -2008 322105 18- Aug -2008 321913 06- Aug -2008 322039 13- Aug -2008 322040 13- Aug -2008 321914 06- Aug -2008 322041 13- Aug -2008 322206 20- Aug -2008 322207 20 -Aug -2008 321915 06- Aug -2008 321916 06- Aug -2008 322043 13- Aug -2008 321917 06- Aug -2008 321918 06 -Aug -2008 321920 06- Aug -2008 321921 06- Aug -2008 322044 13- Aug -2008 322046 13- Aug -2008 322209 20- Aug -2008 322211 20- Aug -2008 322212 20- Aug -2008 321919 06- Aug -2008 322045 13 -Aug -2008 322210 20- Aug -2008 322214 20- Aug-2008 322215 20- Aug -2008 322047 13- Aug -2008 322048 13 -Aug -2008 321923 06- Aug -2008 322049 13- Aug -2008 322216 20- Aug -2008 322217 20- Aug -2008 322219 20- Aug -2008 321925 06 -Aug -2008 321926 06 -Aug -2008 322050 13- Aug-2006 322223 20- Aug -2008 322220 20- Aug -2008 322221 20- Aug -2008 322222 20- Aug -2008 322051 13- Aug -2008 322224 20- Aug -2008 322052 13- Aug -2008 322053 13- Aug -2008 322054 13 -Aug -2008 322225 20- Aug -2008 321927 06- Aug -2008 321928 06- Aug -2008 322055 13- Aug -2008 322056 13 Aug 2008 322102 14 -Aug -2008 322226 20- Aug -2008 321929 06- Aug -2008 322227 20- Aug -2008 322218 20- Aug -2008 321930 06 -Aug -2008 322058 13- Aug -2008 321931 06- Aug -2008 321932 06- Aug -2008 322060 13- Aug -2008 322061 13- Aug -2008 322236 20- Aug -2008 322229 20- Aug -2008 322062 13- Aug -2008 322230 20- Aug -2008 322063 13- Aug -2008 322106 18- Aug -2008 322064 13- Aug -2008 322231 20- Aug -2008 322232 20- Aug -2008 322233 20- Aug -2008 322066 13- Aug -2008 322234 20- Aug -2008 Purpose REFUND DAMAGE DEPOSIT ADMINISTRATIVE MILEAGE- JAN -JULY REFUND DAMAGE DEPOSIT MATERIALS REGISTER TRANSFER REFUND CONDITIONAL PERMIT AC TRAVEL /MILEAGE MATERIALS CONTRACT SERVICES ADMINISTRATIVE ADMINISTRATIVE TRAVEL /MILEAGE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE REMITTANCE PST FOR JULY 08 PAYROLL REMITTANCE REMITTANCE PST REMITTANCE REGISTRATION FEES FOR ONTAR PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE CONTRACT SERVICES ADMINISTRATIVE COUNCIL TRAVEUMILEAGE TRAVEUMILEAGE ADMINISTRATIVE LIFETIME MEME REFUND DAMAGE DEPOSIT MATERIALS GRANT ADVERTISING PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE GRANT REMITTANCE SEPTEMBER 2008 CONTRACT SER GRANT GRANT EQUIPMENT 2008 GMC ACADIA Fl 2008 GMC VAN MATERIALS LICENSING FEE FOR MATERIALS MEDICAL EXAM WATER ARREARS AUGUST 62008 UTILITIES WATER ARREARS AUG 12/08 UTILITIES UTILITIES UTILITIES CONTRACT SERVICES MATERIALS SERVICES CONTRACT SERVICES REFUND TAX SALE PROPERTY PAYROLL REMITTANCE PAYROLL REMITTANCE TUITION REIMBURSEMENT CELEBRATE OLD DOWNTOWN CELEBRATE OLD DOWNTOWN SERVICES MATERIALS MATERIALS CONTRACT PATRICK CUMMINGS F ADMINISTRATIVE CONTRACT SERVICES TREE TRIP TRAVEUMILEAGE LEASES AND RENTS GRANT SERVICE CALL CONTRACT 2008 186 -06 FIRST AVE Page 4 of 6 Amount 750.00 340.00 214.00 750.00 60.00 36.75 10,000.00 78.65 7,306.58 735.00 233.93 233.93 233.50 130.84 4,294.83 77,097.87 166.55 7 467.58 128.19 364.17 910.00 1,541.30 1,541.30 1,616.30 337.71 339.00 298.50 102.00 100.00 750.00 54.04 34,369.00 591.16 3,106.07 5,484.67 3,106.07 3,131.74 4,666.67 40.00 37,711.83 15,000.00 33,333.33 40,600.90 24,464.50 35.00 315.00 6,259.38 2,850.93 2,843.43 34,671.62 63.71 20,897.97 138.26 745.50 150.62 2,223.38 1,500.00 523,298.44 26,748.06 719.28 3,098.75 9,500.00 16.90 35.00 355.00 44,603.79 340.00 7 497.00 39.00 155.83 26,175.08 68.25 121,128.25 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD PROVINCIAL MAINTENANCE PUROLATOR COURIER PUROLATOR COURIER R NICHOLLS DISTRIBUTORS INC R NICHOLLS DISTRIBUTORS INC RACO SUPPLY LTD RAE,MICHAEL REALTAX INC RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL RECEIVER GENERAL REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL MUNICIPALITY OF NIAGARA REGIONAL NIAGARA FIRE BUFFS RICCI,JOHN RIDLEY ASSOCIATES APPRAISAL SERVICES LIMITED RIGG MOONEY MONUMENTS RK ASSOCIATES RK ASSOCIATES ROBB,JAMES RONA FARR LUMBER LTD RUDDELL,JESSICA SACCO CONSTRUCTION LTD SAFEDESIGN APPAREL LTD SAFETY TODAY SAFETY TODAY SALCI,TED SALCI,TED SARGANT EVENT COMMUNICATIONS INC SARGANT EVENT COMMUNICATIONS INC SCOTIABANK VISA SHAHEEN PEAKER LTD SHERWIN WILLIAMS SHERWIN WILLIAMS SHRED IT KITCHENER SIGNATURE SIGNS SIGNATURE SIGNS SIMPLEX GRINNELL SIMPLISTIC LINES INC SIMPSON,BRAD SIRIANNI,SAM SKYWAY DIGITAL SMITH,BRIAN SOL TRAVEL SOL TRAVEL SPADAFORA,CARMINE ST JOHN AMBULANCE STEVEN ROBINSON ARCHITECT INC STEVENSVILLE LAWN SERVICE INC STEVENSVILLE LAWN SERVICE INC STRANGES,LOU SULLIVAN,KRISTEN SULLIVAN,KRISTEN SULLIVAN MAHONEY SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUNCOR ENERGY PRODUCTS INC SUPERIOR BLEND COFFEE LTD TAMM COMMUNICATIONS INC TELUS MOBILITY TELUS MOBILITY TENNIER SANITATION Cheque No. Cheque Date 322235 20- Aug -2008 322067 13- Aug -2008 321933 06- Aug -2008 322237 20- Aug -2008 321942 06- Aug -2008 322245 20- Aug -2008 322238 20- Aug -2008 321934 06- Aug -2008 322239 20- Aug -2008 321935 06- Aug -2008 321938 06- Aug -2008 322069 13- Aug -2008 322070 13- Aug -2008 322240 20- Aug -2008 322241 20 -Aug -2008 321937 06- Aug -2008 321938 06- Aug -2008 322071 13- Aug -2008 322242 20- Aug -2008 WIRE TSF 11- Aug -2008 WIRE TSF 11- Aug -2008 WIRE TSF 11- Aug -2008 WIRE TSF 20- Aug -2008 322243 20- Aug -2008 321939 06- Aug -2008 321940 06- Aug-2008 322244 20- Aug -2008 321941 06- Aug -2008 322072 13- Aug -2008 322246 20- Aug -2008 322074 13- Aug -2008 321943 06- Aug -2008 322247 20- Aug -2008 322248 20- Aug -2008 322075 13- Aug -2008 322249 20- Aug -2008 322107 18- Aug -2008 322250 20- Aug -2008 322076 13 -Aug -2008 322251 20- Aug -2008 321999 13- Aug -2008 322079 13- Aug -2008 321945 06- Aug -2008 322252 20- Aug -2008 322253 20- Aug -2008 322080 13- Aug -2008 322254 20- Aug -2008 322255 20- Aug -2008 322256 20- Aug -2008 322257 20- Aug -2008 322258 20- Aug -2008 321946 06- Aug -2008 321947 06- Aug -2008 321948 06 -Aug -2008 322259 20- Aug -2008 321970 11- Aug -2008 322262 20- Aug -2008 322260 20- Aug -2008 322082 13- Aug -2008 322261 20- Aug -2008 322263 20- Aug -2008 322083 13- Aug -2008 322264 20- Aug -2008 322265 20 -Aug -2008 321949 06- Aug -2008 322084 13- Aug -2008 322266 20- Aug -2008 322267 20- Aug -2008 322085 13- Aug -2008 322268 20- Aug -2008 322087 13- Aug -2008 322088 13- Aug -2008 321951 06- Aug -2008 Purpose CONTRACT 2007 185 -06 MAPLE 1 CONTRACT 2008 -06 COURIER COURIER MATERIALS MATERIALS STORES /INVENTORY REFUND FROM WATERMAIN PROJ REGISTRATION FEES PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE PAYROLL REMITTANCE TRAFFIC COUNT PROGRAM ARCHIVES FEASABILITY STUDY MATERIALS TRAFFIC SIGNS MATERIALS TRAFFIC SIGNS WASTE PICK UP JUL -SEPT TAX LEVY DEBENTURE DEBENTURE MATERIALS REFUND TAX OVERPAYMENT CONSULTING MURRAY ST APPR/ CONTRACT SERVICES CONTRACT KALAR PARK SOCCEI CONTRACT SERVICES GIRLS HOI REFUND DAMAGE DEPOSIT MATERIALS WOOD ADMINISTRATIVE CONTRACT 2008 -02 CITY WIDE SIC MATERIALS STORES /INVENTORY STORES /INVENTORY ADMINISTRATIVE TRAVEL/MILEAGE CELEBRATE OLD DOWNTOWN CELEBRATE OLD DOWNTOWN PURCHASE CARD CONSULTING DORCHESTER RD 1 MATERIALS MATERIALS CONTRACT SERVICES DAREDEVIL DAYS MATERIALS CONTRACT -FIRE INSPECTION MATERIALS MATERIALS MATERIALS CELEBRATE OLD DOWNTOWN ADMINISTRATIVE TUITION CELEBRATE OLD DOWNTOWN CELEBRATE OLD DOWNTOWN REFUND DAMAGE DEPOSIT GRANT ARCHITECTURAL PEER REVIEW I CONTRACT TR -2007 GARNER PAR CONTRACT SERVICES PATRICK TRAVEL/MILEAGE TRAVEUMILEAGE TRAVEL/MILEAGE CONTRACT SERVICES FUEL FUEL FUEL FUEL MATERIALS ADVERTISING MATERIALS SERVICES MATERIALS CLEANER Page 5 of 6 Amount 134,451.10 142,142.28 70.09 100.66 595.33 81.56 678,21 511 12 18,737.25 238.64 224,979.42 881 150.93 229.70 206,149.05 229.70 13,902.41 3,500.00 2,519.79 1,866.14 1,541,190.83 15,352,695.50 422,282.72 418,334.00 154.94 222.20 1,293.18 157.50 8,662.50 8,662.50 750.00 106.98 173.00 160,027.58 134.30 949.20 189.84 340.00 1,155.00 1,050.00 1,050.00 249,341.30 3,465.00 943.41 84.42 72.98 277 10 762.75 143.70 3,326.04 150.00 150.00 55.37 426.15 608.56 118.58 750.00 2,708.33 5,302,50 127,637.85 43,792.35 115.50 119.00 165.50 6,739.95 33,713.38 60,558.24 2,151.59 33,687.61 390.79 1,896.27 1304.93 9,290.38 259.90 CITY OF NIAGARA FALLS MUNICIPAL ACCOUNTS Vendor Name TERAVICH,MIKE THE PRINTING HOUSE LTD THE REVIEW THE SENIORS REVIEW TIMS WATER SERVICE TURF CARE PRODUCTS CANADA LIMITED TWARDAWSKY,NICK UAP INC #963 UAP INC #963 URBAN ENVIRONMENTAL MANAGEMENT INC URBAN ENVIRONMENTAL MANAGEMENT INC V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD V GIBBONS CONTRACTING LTD VAN DYKE,HARRY VANCOR SUPPLY VANDEN BUSSCHE IRRIGATION VIC VATRT CONTRACTING LTD WALK ON DUST CONTROL WALK ON DUST CONTROL WALK ON DUST CONTROL WALKER AGGREGATES INC WALKER AGGREGATES INC WALKER AGGREGATES INC WASTE MANAGEMENT WAYNE SAFETY INC WELDDARE METAL WORKS LTD WESCO DISTRIBUTION CANADA INC WILFRID LAURIER UNIVERSITY STUDENT CONNECTIONS WIMBUSH,ROB WINGER,TERRI WINTER FESTIVAL OF LIGHTS WOMEN'S PLACE OF SOUTH NIAGARA INC WONG,WILLIAM W K WRIGHT FUELS INC WRIGHT FUELS INC WSIB WSIB WSIB WYLIE,BRENDA YMCA YMCA YMCA OF NIAGARA YOUNG SOD FARMS LTD YUKON FIRE CHIEFS CONFERENCE YWCA ST CATHARINES ZAMBONI COMPANY LTD Cheque No. Cheque Date 321952 06 -Aug -2008 322269 20- Aug -2008 322089 13- Aug -2008 322270 20- Aug -2008 322090 13- Aug -2008 321953 06- Aug -2008 322091 13- Aug -2008 321954 06- Aug -2008 322092 13- Aug -2008 322093 13- Aug -2008 322271 20- Aug -2008 321956 06- Aug -2008 321957 06- Aug -2008 321958 06- Aug -2008 322274 20- Aug -2008 322275 20- Aug -2008 322276 20- Aug-2006 322273 20 -Aug -2008 322272 20- Aug-2008 321955 06- Aug -2008 322277 20- Aug -2008 321960 06- Aug -2008 322095 13- Aug -2008 322279 20- Aug -2008 321959 06- Aug -2008 322094 13- Aug -2008 322278 20- Aug -2008 322096 13- Aug -2008 322280 20- Aug -2008 321961 06- Aug -2008 321962 06- Aug -2008 322281 20- Aug -2008 322282 20 -Aug -2008 321963 06- Aug -2008 322283 20 -Aug -2008 322284 20- Aug -2008 322285 20- Aug -2008 321964 06- Aug -2008 322286 20 -Aug -2008 321965 06- Aug -2008 322097 13- Aug -2008 322287 20- Aug -2008 322098 13 -Aug -2008 321966 06 -Aug -2008 322288 20- Aug -2008 321967 06- Aug -2008 322289 20- Aug -2008 322099 13- Aug -2008 322290 20- Aug -2008 321968 06- Aug -2008 Page of 6 Purpose Amount EMPLOYEE PURCHASE PLAN 2008 300.00 MATERIALS TRENDLE /DEVEREAL 470.93 ADVERTISING 4,700.59 ADVERTISING 420.00 RENTAL OF WATER TRUCK FOR P 305.55 MATERIALS 184.98 TRAVEUMILEAGE 20100 STORES /INVENTORY 10.88 STORES /INVENTORY 65.06 CONTRACT SERVICES 4TH AVE E) 16,108.55 CONTRACT SERVICES 5,726.82 CONTRACT GRASSY BROOK PUMI 214,513.25 CONTRACT KALAR /MACLEOD REC 225,454.91 CONTRACT- GRASSY BRK PUMPIFI 46,957 13 CONTRACT GARNER SW SAN /PUN 270,859.71 CONTRACT GARNER SW GRAVITY 16,401 46 CONTRACT KALAR /MCLEOD /RIDE/ 1.217,123.78 TRAVEUMILEAGE 49.00 MATERIALS 5,830.35 MATERIALS 375.75 CONTRACT 2008 194 -07 WELLAND 17,493.50 CONTRACT SERVICES 43.58 CONTRACT SERVICES 8716 MATERIALS 85.91 MATERIALS 18,961.62 MATERIALS 4,437.07 MATERIALS 4,340.53 CONTRACT SERVICES 58.91 STORES /INVENTORY 691.56 CONTRACT SERVICES 55.09 STORES /INVENTORY 2,408.26 MATERIALS BOOT CAMP CONSUI 1,590.75 FUEL 49.92 CARETAKER WAGES 65.00 GRANT 31,666.67 GRANT 2,083.33 CONTRACT SERVICES HILTON H+ 3,100.00 FUEL 21,766.70 FUEL 44,439.19 PAYROLL REMITTANCE 704.81 ADMINISTRATIVE SCHEDULE 2 13,123.66 ADMINISTRATIVE SCHEDULE 2 4,251.83 PETTY CASH 568.92 CONTRACT SERVICES 2,934.43 MAINTENANCE 3,963.68 POOL RENTAL CORONATION CTR 2,184.00 MATERIALS 813.64 ADVERTISING CONGRATULATIOP 393.75 GRANT 5,286.50 CONTRACT SERVICES 630.07 Total 24,399,525.09 September 8, 2008 L- 2008 -30 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Re L- 2008 -30 Release of Agreements 6780 Buckingham Street Our File No.. 2008 -155 RECOMMENDATION BACKGROUND Niagarafalls That the release of four Agreements registered on title to Lot 111, Plan M -61 "subject lands is hereby approved and authorized. IN 1977, 1978 and 1981 The Corporation of the City of Niagara Falls "the City entered into four separate Agreements with respect to the subject lands as shown on Attachment "1" The Agreements registered on title are as follows: 1 Subdivision Agreement dated June 15, 1977 and made between Pegas Incorporated of the First Part, the City of the Second Part and Heller Natofin (Ontario) of the Third Part. 2. Subdivision Agreement dated June 15, 1977 and made between Pegas Incorporated of the First Part, the City of the Second Part and Heller Natofin (Ontario) of the Third Part. 3 Amending Agreement dated July 6, 1978 and made between Pegas Incorporation of the First Part, and the City of the Second Part. 4 Amending Agreement dated April 27, 1981 and made between 477098 Ontario Inc. of the First Part, and the City of the Second Part. Upon circulation of the above request to various City departments, Municipal Works advises that the terms of all of the Agreements have been complied with, including servicing installs paid, as well as all lot levies paid and have no objection to the release of the agreements. OQ2 enStree PO 8oz 023 Niagara "Falls ON Canada`yL2E 6X5 905E356 7521 www,niagarafalls:ca Working Together to Serve Our Community Corporate Services Department Legal Services September 8, 2008 2 Therefore it is our recommendation that the four agreement be released from title to the subject lands, at no cost to the City Recommended by Approved by Respectfully submitted K. Beaman /L. Banks Ken Beaman, City Solicitor K. E. Burden, Executive Director of Corp. rate Services L- 2008 -30 in MacDonald, Chief Administrative Officer R_EGISIRAIWN FEE LAND TRANSFEF TAX RETAIL SALES FAX L P7425 No. Received at the Land Registry Office, Land Titles Division for Niagara South (No. 59) «M and entered in Parcel 'g WED =Las ACr fD: R 2 J r. A.D.. 1977 Section .�..9..:. i3 4 s r ti CU ze Mum Welland, Ont. Wirer 01' AS 60 ear 844014 A. yam City So11ator City Hal! gisgar4 Ya11a cttario /7 64 DATED June 15th, 197 PEGAS INCORPORATED ET AL and THE CORPORATION OF THE CITY OF NIAGARA FALLS SUBDIVISION AGREEMENT Harold R Young, City Solicitor, City Hall, Niagara Falls, Ontario. THE bAND TITLES ACT Application to Register Notice of an Agreement Section 78 To: THE LAND REGISTRAR„ 'Awn R»3ISTRT CFRICE FOR THE LAND TITLES, DIVISION OF NIAGARA ROOTH (NO. 59) We, PECAS INCORPORATED being interested in the land entered in the Register for Section 59- Stamford as Parcel 156-1 of which we are the registered owner, hereby apply to have entered on the register for the said Parcel Notice of an Agreement dated the 15th day of June, 1977 made between Pages Incorporated end The Corporation of the City of Niagara Falls and Heiler- Natofin (Ontario) Limited. The evidence in support of the Application consists of An executed copy of the original agreement. DATED at Niagara Falls this day of -2 1977. PICAS I Per: --40 THIS AGREEMENT dated the 15th day' of June 1977 BE TWEE N PEGAS INCORPORATED, a corporation incorporated under the laws of the Province of Ontario, Hereinafter called the "Subdivider" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" and HEI.LER- NATOFIN (ONTARIO) LIMITED, Hereinafter called the "Mortgagee" 7 of the FIRST PART, of the SECOND PART, of the THIRD PART WHEREAS the Subdivider has applied to the Minister under the provisions of The Planning Act for approval of a plan of subdivision of the lands described in Schedule "A" attached hereto; and WHEREAS in accordance with the conditions imposed by the Minister pursuant to section 33 of The Planning Act, the City requires the Subdivider to enter into this agreement; and WHEREAS the Mortgagee is the registered owner of a charge against the said lands registered on the 16th day of May, 1977 as No LT -6696 NOW THEREFORE this agreement witnesseth that in consideration of the City recommending approval of the said plan of subdivision to the Minister and the acceptance by the City, after compliance with all the requirements hereinafter set forth, of the roads and streets laid out as public highways on the said plan of subdivision and the mutual covenants and agreements to be observed and performed by each of the parties hereto, the Subdivider and the City hereby covenant and agree each with the other as follows LANDS AFFECTED 1 The lands affected by this agreement are all those lands described in Schedule "A" attached hereto (hereinafter referred to as the lands TAXES 2 The Subdivider shall pay to the Treasurer of the City, on or before the execution of this agreement by the City, all arrears of taxes (if any) and current taxes including local improvement rates to December 31st, 1977 owing in respect of the lands and the buildings situate thereon. SEWERMA INS 3 (a) Subject to clause (e), the Subdivider shall pay to the City the entire cost of construction of (1) 12 -inch to 48 -inch diameter storm sewermains as set out in Item la of Schedule "B" attached hereto, (ii) 10 -inch to 27 -inch diameter sanitary sewermains as set out in Item Id of Schedule "B" attached hereto, and In such other locations as are required to provide proper service and connections The cost of the said sewermains shall include all catch basins and other connections to street sewers and all fittings, appurtenances, connections to existing sewermains and all other associated works and the cost of television inspection of completed sewermains when such inspection is required by the Director of Municipal Works (h) Subject to clause (f), the Subdivider shall pay to the City the whole of the cost of constructing a storm drainage channel including culverts as set out in Item lb of Schedule "8" attached hereto (c) The Subdivider shall pay to the City the sum of $25,330 0D as set out in Item lc of Schedule "B" towards the cost of constructing a storm sewer main on Kalar Road abutting lands in the subdivision (d) The Subdivider shall pay to the City the sum of $21,920 as set out in Item le of Schedule "13" towards the cost of constructing a sanitary sewer main on Kalar Road abutting the lands in the subdivision. (el The City shall contribute a sum equal to 25 33% of the actual cost as determined by she Director of Municipal Works of supplying and installing a 15 inch and 18 -inch diameter sanitary sewermain having a length of approxi- mately 31350 lineal feet from the existing pumping station at Lyndhurst Drive and Fitton Road to McLeod Road and the said contribution shall be paid out of the City's Expansion and Renewal Fund in accordance with progress certificates issued for the said sanitary sewermain. The present total estimated cost of the said sanitary sewermain is $72,84U and the City's contribution towards the cost has been estimated at $18,450 as set out in Schedule "8" If the actual cost of the said sanitary sewermain, as determined by the Director of Municipal Works,varius from the said estimated cost of $72,840, an adjustment shall he made and the Subdivider shall assume and pay 74 671 of the actual cost and the City shall assume and pay 25 337 of the actual cost (f) The sum of $109,720 paid under other subdivision agreements, as set out in Item 17a of Schedule "B shall be deducted from the cost of constructing the said storm drainage channel referred to in clause b of this paragraph and in Item 1b of Schedule "B" attached hereto, which said cost including $10,771 for the applicable estimated engineering fees of 8% of construction cost provided for in paragraph 12 is estimated to be $145,411, leaving the estimated balance of the Gust of the said channel at $35,691 The City shall contribute a sum equal to 25 20% of the actual balance of the said cost as determined by the Director cf Municipal Works and the said contribution shall be paid out of the City's Expansion and Renewal Fund in accordance with progress certificates issued for the said channel The present estimated balance of the cost of the said channel is the aforementioned sum of $35,691 and the City's contribution towards the said balance of the cost has been estimated at S8,994 as set out in Item 17h of Schedule "B" If the actual balance of the cost of the said channel, as determined by the Director of Municipal Works, varies from the said estimated balance of $35,691, an adjust- ment shall be made and the Subdivider shall assume and pay 74 80% of the actual balance of the said cost and the City shall assume and pay 25 20% of the actual balance of the said cost WATERMAINS 4 Lai Subject to clause b the Subdivider shall pay to the City the entire cost of constructing 6 -inch and 8 -inch diameter watermains as set out in Item 2 of Schedule "B" attached hereto and in such other locations as are required to provide proper service and connections and there shall be a minimum cover of five (5) feet for all watermains The cost of the said watermains shall include all valves, hydrants fittings, appurtenances, connections to existing watermains and all other associated works (h) The City shall contribute a sum equal to 50% of the actual cost as determined by the Director of Municipal Works of supplying and installing an 8 -inch diameter watermain on Kalar Road abutting the lands in the sub- division and the said contribution shall be paid out of the City's Expansion and Renewal fund in accordance with progress certificates issued for the said watermain The present total estimated cost of the said watermain is $28,720 00 and the City's contribution towards the cost has been estimated at $14,360 00 as set out in Schedule "B" If the actual cost of the said watermain as determined by the Director of Municipal Works, varies from the said estimated cost of $28,720 00, an adjustment shall be made and the Subdivider shall assume and pay 50% of the actual cost and the City shall assume and pay 507 of the actual cost ROADS 5 (a) The Subdivider shall pay to the City the whole of the cost of construction of all roads described in Items 3a and 3b of Schedule "B" attached hereto including the construction of asphalt pavements having a minimum width (including curbs and gutters of 28 feet and having a consoli- dated stone base with a minimum depth of 12 inches and a hot mixed asphalt surface with a minimum depth of 3 inches and the construction of concrete curbs and gutters and the construction of driveway ramps, all as set out in said Items 3a and 3b (b) The Subdivider shall pay to the City the sum of $24,600 00 as set out in Item 3c of Schedule "B" towards the cost of constructing and paving a road including curb and gutter on Kalar Road abutting lands in the sub- division. (c) It shall be the responsibility of the Subdivider to notify the purchasers of lots within the plan of subdivision that no curbs and gutters shall be constructed until the expiration of at Least one year following the installation of all sewermains and watermains and until construction of buildings has been commenced on not less than 50 percent of all the lots within the said plan of subdivision or such lesser part thereof as the Director of Municipal Works, in his discretion, shall approve. (d) The Subdivider shall, within 30 days of written request made to it by the City, file with the Director of Municipal Works a plot plan indicating the location of all future driveway ramps for the remaining lots on the said plan If, after a driveway ramp has been constructed for any lot on the said plan, the Subdivider or its successor in title of such lot requests a new ramp in a different location the entire cost of constructing such new ramp and of constructing altering or replacing the curb gutter and sidewalk at such new location together with the entire cost of reconstructing the curb gutter and sidewalk at the location of the original driveway ramp shall be borne by the Subdivider or if such lot has been sold, by the then registered owner of such lot 7e) The Subdivider agrees that before the City shall commence any construction of roads, sanitary sewermains, storm sewermains, watermains, sewer laterals and water service laterals the Subdivider shall remove all trees designated by the Director of Municipal Works and all stumps and brush from the full width and length of each street allowance shown on the plan of sub divisiun and from the full width and length of such other streets and easements on which any of the said works are to he constructed and from all lots within the plan of subdivision between the street line and a point 10 feet back from the street line and shall supply and spread all necessary fill, make all necessary cuts and grade the full width and length of each said street allowance and easement and each said lot between the street line and a point 10 feet back from the street line to grades approved by the Director of Municipal Works, all of which shall be to the satisfaction of the said Director; and the Sub- divider further agrees that the City shall nut undertake any road construction until, in addition to the aforesaid, all sewers, watermains, catch basins, sewer laterals and water laterals have been installed and the trenches therefor have had sufficient time to settle or have been properly compacted and the grade, fill and spread above such trenches have settled or have been properly compacted (f) Until the said roads ancl streets have been constructed and a by -law has been passed by the City assuming them as public highways, it shall be the responsibility of the Subdivider to keep the said roads and streets in a passable condition and to take all necessary precautions to avoid dust and other nuisances b lg) It is understood and agreed that the construction of the top course asphalt for roads and the construction of curbs and gutters shall not be under- taken by the City until the expiration of at least one year following the completion of the installation of all sewermains and watermains and until construction of buildings has been commenced on not less than 50 per cent of all the lots within the said plan of subdivision or such lesser part thereof as the Director of Municipal Works, in his discretion, shall approve APPROVAL OF MINISTRY OF THE ENVIRONMENT ETC. 6 (a) It is understood and agreed that the City shall not be under any obligation to undertake any work under this agreement until such time as the approval of the Ministry of the Environment and all other approvals required by law have first been obtained (b) It is further understood and agreed that the sizes, specifications and locations of the proposed works on which the estimated costs set out in Schedule "B" attached hereto have been based are subject to review h° the approving authorities and that the City shall be required to make such changes in the sizes, specifications and locations of the works and in the estimated costs as may be required to give effect to changes required by the approving authorities LATERALS 7 dal The Subdivider shall pay to the City the entire cost of constructing sanitary sewer laterals from the sanitary sewermain to the street line of each lot within the plan of subdivision,all of which shall be constructed concurrentI, with the laying of the sanitary sewermain No downspouts from eavestroughs shall be cnnnected to any sanitary sewermain, either directly or indirectly, and no roof water shall be discharged into sanitary sewers by any means whatsoever (b) The Subdivider shall pay to the City the entire cost of constructing water service laterals, fittings, valves and appurtenances from the watermains to the street Line of each lot within the plan of subdivision, all of which shall be constructed concurrently with the laying of the watermains (c) The Subdivider shall pay to the City the entire cost of constructing storm sewer laterals from the storm sewermains to the street line of each lot on which it is proposed to erect a house with a sunken garage In order that 7 the storm sewer system may be designed to accommodate houses with sunken garages, it shall be the responsibility of the Subdivider to notify the City, prior to the tender call for underground services by the City, of the lots on which it is proposed tc erect houses with sunken garages The Subdivider shall pay the whole cf the cost of providing and installing backwater valves which shall be placed on the storm sewer leads to all sunken garages See also paragraph 24 ∎3) re building permits for houses with sunken garages) SIDEWALKS 8 The Subdivider shall pay to the City the entire cost of constructing concrete sidewalks 5 feet in width on the streets and pedestrian walkways set out in Item 4 of Schedule "6" attached hereto including supplying and instal- ling a chain Link fence on each side of the pedestrian walkways It shall be the responsibility of the Subdivider to notify the purchasers of lots within the plan of subdivision that no sidewalks shall be built until at least 80 per cent of all the Lots within the said plan of subdivision or such Lesser part thereof as the Director of Municipal Works, in his discretion, shall approve have been built upon and that the City's standard location for sidewalks is 4 feet from the outer limit of the road allowance and that curb -faced sidewalks will not be constructed STREET SIGNS AND STANDARDS 9 The Subdivider shall pay the entire cost of providing and installing street signs and standards to be erected at the intersection or junctions of all roads shown on the plan of subdivision ORNAMENTAL TREES 10 The Subdivider shall pay the entire cost of providing and planting tailored type ornamental trees along the front of the lots and blocks within the plan of subdivision, such trees to be approximately fifty (501 feet apart, and to be planted under the directions of the Director of Municipal Works, in locations to be approved by him STREET LIGHTING 11 (a) The Subdivider shall pay the full cost of providing and installing mercury vapour street lighting, brackets and fixtures upon the streets described in Item 7b of Schedule "II" attached hereto including concrete poles and underground wiring from the poles to the main secondary bus 8 (b) The Subdivider shall pay to the City the sum of $3,440 as set out in Item 7b of Schedule "B" attached hereto towards the cost of street lighting on Kalar Road abutting lands in the subdivision FENCING DRAINAGE CHANNEL 11A The Subdivider shall pay the whole of the cost of supplying and installing a chain link fence 6 feet in height along the westerly side of the storm drainage channel abutting lands in the subdivision. ENGLNEERING AND INSPECTION 12 The Subdivider shall pay to the City a fee for engineering and inspection for roads and streets, sewermains, watermains, sidewalks, curbs and gutters and laying out underground works at the rate of 87 of the actual cost of construction of the said works The estimated amount of the fee for engineer- ing and inspection is set out in Item 9 of Schedule "B" to this agreement and the credits applicable thereto are set uut in Items 16 and 18 of the said Schedule "B" EXPANSION AND RENEWAL FUND 13 (a) The Subdivider shall pay to the City the sum of $186,980 00 as set out in Item 10 cf Schedule "B" for the purpose of expanding and renewing water and sewer services, providing storm sewers, ditches and outlets and developing parks and recreational facilities The aforementioned sum includes a prelimi- nary impost charge in the amount of $2,000 00 per acre for any blocks on the plan of subdivision which are zoned for multi- family dwellings; (b' In addition to the payment required under subparagraph a, the Subdivider shall pay to the City prior to the issuance of any building permit for a building containing dwelling units in any block zoned for multi family dwellings, an amount equal to the difference between the preliminary impost charge referred to in subparagraph (a) of this paragraph and the total impost charge per dwelling unit charge for multi family dwellings in the City's "Declaration of Policy for Development of Subdivisions" as adopted and revised by the Council of the City and which is in effect at the time of application for any such building permit (c) For the purpose of this paragraph 13, "multi- family dwelling" means any dwelling containing three or more dwelling units SPECIAL LEVY FOR SANITARY TRUNK SEWER OUTLET 14 The Subdivider shall pay to the City the sum of $6,520 00 as set out in Item 11 of Schedule "B" attached hereto as a contribution towards the cost of providing an outlet sanitary trunk sewer which will serve lands within the subdivision in addition to other lands GRANT FOR PARK PURPOSES ETC 15 (a) The Subdivider shall convey to the City without cost by a good and sufficient deed in fee simple free from all encumbrances pursuant to the provisions of clause 1a1 ot subsection 5 of section 33 of The Planning Act a parcel of land having an area of 2 134 acres and being part of Township Lot 170 of the former Township of Stamford for park purposes and the deed of the said land shall be executed by the Subdivider and delivered to the City Clerk prior to the City giving its letter of clearance to the Ministry of Housing As the area of the said land proposed to be conveyed is 475 acre less than the area of the land required to be conveyed by the Subdivider to the City for park purposes in accordance with the provisions of the said clause (a) of subsection 5 ot section 23 of The Planning Act, R.5 0 1970, the Subdivider snail pay to the City the sum of $17,790 00 as set out in Item 12 of Schedule "B" attached hereto in lieu of the conveyance of such 475 acre of Land (b) The Subdivider shall convey to the City without cost by a good and sufficient transfer in fee simple free from all encumbrances all one foot reserve lots or blocks shown on the subdivision plan, the said transfer to be executed by the Subdivider and delivered to the City Clerk prior to the City giving its letter of clearance to the Ministry of Housing (c) The Subdivider agrees to provide the City without cost and free of or in priority to all encumbrances such permanent easements both within and outside the subdivision as may be required by the City, the said grants or transfers of such easements to be in a form approved by the solicitor of the City and to be executed by the Subdivider and other person or persons granting or transferring such easements and any mortgagees of the land affected thereby and delivered to the City Clerk prior to the City giving its letter of clearance to the Ministry of Housing. HYDRO CASEMENTS 16 The Subdivider agrees that prior to conveying or mortgaging any part of the said Lands it will grant to The Hydro Electric Commission of the City of Niagara Falls such easements as may be required by that Commission for the provision of all electrical services including street lighting for the said subdivision The Subdivider agrees that all wires, cables and conduits to be provided by the said Commission shall be underground ADDITIONAL LANDS 16A The Subdivider shall pay to the City the whole of the cost of acquiring from Ontario Hydro a strip of land having a frontage of approximately 200 feet on Kalar Road and a perpendicular depth of 22 feet for the widening of that section of Kalar Road between the north limit cf the subdivision and the south limit of Registered Plan NS42 The estimated cost of acquiring the said strip of land is the sum of $2,000 00 as set out in Item 13 of Schedule "B" attached hereto 16B The Subdivider shall convey to the City without cost by a good and sufficient deed in fee simple free from all encumbrances that part of Township Lot No 156 of the former Township of Stamford designated as Part 1 on a reference plan deposited in the Land Registry Office for the Registry Division of Niagara South as Reference Plan 59R -945 which shall be established by the City as part of Pitton Road 16C The Subdivider and the City acknowledge and agree that (1) the references in Items ld, 2, 3a, 3b and 4 of Schedule "B" attached hereto to "Pitton Road across Ontario Hydro lands" shall mean and include not only the land referred to in paragraph 165 but also that part of block H Registered Plan N 5 42 which shall be established by the City es part of Pitton Road; and (2) the reference in Item 2 of Schedule "B" attached hereto to "Kalar Road" include the land referred to in paragraph 16A 16D The Subdivider shall convey to the City without cost by a good and sufficient transfer in fee simple free from all encumbrances the block on the subdivision plan being that part of Township Lot 156 of the former Township of Stamford designated as Part 4 on a reference plan deposited in the Land Registry Office for the Registry Division of Niagara South as Reference Plan 59R -1412 and that part of Township Lot 163 of the former Township of Stamford designated as Part 5 on the said Reference Plan S9R -1412 and the :aid transfer together with the transfer of the land referred to in paragraph 16B shall. be executed by the Subdivider and delivered to the City Clerk prior to the City giving its letter of clearance to the Ministry of Housing SEMI- DETACHED DWELLING HOUSES 1.6E the Subdivider for itself, its successors and assigns and successors in title of the lands covenants and agrees with the City as follows 11) That no semi-detached dwelling house other than a "back split" semi- detached dwelling house shall be erected on any of the lots on the proposed subdivision plan designated by the letters "BS" on Schedule "C" attached hereto and (21 That no semi detached dwelling house other than a "two- storey" semi- detached dwelling house shall be erected on any of the lots on the proposed subdivision plan designated by the number "2" an Schedule "C" attached hereto; and That no semi detached dwelling house other than a "bungalow" semi- (3 detached dwelling house shall be erected on any of the lots on the propused subdivision plan designated by the Letter "3" on Schedule "0" attached hereto and (41 That no semi detached dwelling house shall be erected on any lot designated for a "back split" or "two- storey" or "bungalow" semi- detached dwelling on the said plan Schedule "C" attached hereto and bearing the figure "20" (indicating a minimum set -back of 20 feet) closer to the front lot line than 20 feet or at a greater distance from the front lot line than 22 feet; and (5) That no semi detached dwelling house shall be erected on any lot designated for a "back split" or "two- storey" or "bungalow" semi- detached dwelling on the said plan Schedule "C" attached hereto and bearing the figure "10" lindicating a minimum set -back of 30 feet) closer to the front for line than 29 feet or at a greater distance from the front lot line than 31 feet; and (61 The Subdivider shall not apply for a building permit and no building permit shall be issued for a dwelling house on any lot designated "BS" or "2" or "0" on Schedule "C" attached hereto if the proposed dwelling house does not comply with all of the requirements of this paragraph 16E CABLE T.V. 1N5UALLATIONS 16F (1) For the purpose of this paragraph, (a■ "Licensee" means the corporation or person holding a license from the Canadian Radio Television Commission to provide cable television service in the area in which the plan of subdivision is situated (b) Unless one or more of the following types of pedestals is or are specified, "pedestals" includes pedestals for household taps pedestals for distribution amplifiers and pedestals for main trunk amplifiers (c) "works" includes all cables, equipment and appurtenances other than pedestals (2) The Subdivider for itself its successors and assigns and successors in title of the lands and each and every lot and Klock on the plan of sub- division covenants and agrees with the City that it and they will consent and do hereby consent to the installation on the lots and blocks and streets on the plan of subdivision of all pedestals and works required for providing cable television service for each lot and block within the plan of subdivision in accordance with the following regulations la) Subject to such arrangements as to location and easements as may be made between the Subdivider and the Licensee and subject to the approval of the Director of Municipal Works being first obtained the Licensee shall have the option of installing its pedestals either in the rear yard of lots and blocks in the plan of subdivision or on the road allowance in front of such lots or blocks lb) Where pedestals for household taps are to be installed in rear yards, they may be installed above ground level; (c) Where pedestals for household taps are to be installed in front yards, or or, the road allowance in front of lots and blocks in the plan of subdivision they must be buried underground; id; Where a pedestal for a distribution amplifier or a pedestal for a main trunk amplifier is to be installed on the road allowance in front of a lot or block in the plan of subdivision on which a house has been built, the Licensee shall consult the owner of such lot or block and request such owner to sign a form stating that he does not 13 object to the proposed location of such pedestal In the event that such owner does object to the proposed location of such pedestal, the matter shall be referred to the council of the City who shall decide the location. ZONING AMENDMENTS 16G In the event of the Subdivider, its successors and assigns or successors in title of the lands described in Schedule "A" to this agreement requesting an amendment to the restricted area (zoning) by-law applicable to the said lands or any part thereof, the Subdivider or the then registered owner of the lands to which the requested amendment applies may be required by the City to enter into a further agreement amending this agreement prior to the City Council enacting any such amendment; but nothing hereinbefore contained shall be deemed as the approval or consent of the City to any requested amendment or as the concurrence or agreement of the City to enact any by -law to give effect to any requested amendment EXISTING SERVICES 17 The Subdivider shall assume complete responsibility and make all necessary arrangements for the moving or disturbance of any water, sewer, Hydro- Electric, gas or telephone pipes, conduits, wires, lines, poles wr any other public utility works and shall be solely responsible for any damage caused to the said pipes, conduits, wires, lines, poles or other works GRADING AND CLEARING OF LOTS 18 (a) The Subdivider agrees to grade all lots within the plan of subdivision from the street line to a point 25 feet back from the street line to grades ap- proved by the Director of Municipal Works and to complete such grading for e distanc of not Less than 10 feet back from the street line before commencing the con- struction of any building on any such lot (b) The Subdivider further agrees to grade the back yards of all lots within the plan of subdivision in such a manner that there will be no accumula- tion of storm water or other surface drainage in back yards If, in the opinion of the Director of Municipal Works, such grading will not prevent the accumula- tion of storm water or other surface drainage in any area or areas the Subdivider shall, at its own expense, supply and install the City's standard back yard catch basins, wherever required by the Director of Municipal Works, and shall connect the same to the storm water sewer system. If the Subdivider shall fail to supply and install the said catch basins, pipes and appurtenances within 30 days after being requested to do so by the Director of Municipal Works, the City shall have the right to enter on the said lands with its servants, agents and contractors and carry out such work at the Subdivider's expense and the cost thereof shall be included in the costs to he borne by the Subdivider under this agreement (c) The Subdivider agrees that before commencing the construction of any building on any lot within the plan of subdivision, all trees which are not to be left growing and all tree stumps and brush on such lot shall be cleared from such for and carried away and shall not be placed or burned on any other lands within the plan of subdivision TENDERS 19 The City agrees to call for tenders for the construction of the said roads and streets, watermains, sanitary sewermains, storm sewermains, sewer laterals water service laterals sidewalks, curbs and gutters and for supplying and plant- ing of trees and the contract or contracts for the construction of the said works and for trees shall be awarded to t:ho lowest responsible bidder or bidders approved by the City It is understood and agreed that the contract for the construction of the watermains, sanitary sewermains, storm sewermains sewer laterals and water service laterals shall be awarded to one contractor and contained in one contract SUBDIVISION IDENTIFICATION SIGNS 20 The Subdivider hereby covenants and agrees with the City as follows (a) that it will, within not more than 15 days after the date of registration of the subdivision plan, erect or cause to be erected at each main entrance to the subdivision a subdivision identification sign not less than 32 square feet in area with a layout approved by the Building Inspector and showing the following: (i) the name (if any) of the subdivision, (ii) the registered plan number of the subdivision, (iii) a reproduction of the plan of subdivision on a scale suitable to the size of the subdivision showing the various land uses permitted as at the date of registration of the subdivision plan both within the subdivision and on lands abutting the subdivision; (b) that each subdivision identification sign shall be colour -coded to designate the following permitted uses by the following colours Permitted Use Colour Single Family Residential Yellow Two- family residential Yellow with orange hatch Multi- family Residential Orange Commercial Purple Industrial Blue Park or School Green and in addition to the colour- coding the following uses, if permitted on any lands in the subdivision or on any lands abutting the subdivision, shall be expressed inthe r:ords on each subdivision identification sign: (i) Two- Family (ii) Four Family 01 Townhouses (fill Apartments (iv1 Service Stations (v) Schools (vi) Industrial (vii) Future Roadways; (c) that each subdivision identification sign shall be maintained in a condition satisfactory to the Building Inspector at all times and shall not be removed until the date of assumption by the City of the streets within the subdivision, or longer if deemed necessary by the Planning Director; and (dI that no building permit for any building to be erected in the subdivision shall be issued until, in addition to complying with all other requirements of this agreement and the relevant by -laws of the City, the Subdivider has complied with all the above require- ments respecting subdivision identification signs PAYMENT FOR SERVICES 21 fa) The Subdivider shall on or before the execution of this agreement, pa to the City the sum of Three hundred and fifty -five thousand five hundred and twenty ($355,520 00) Dollars on account of the present estimated costs (including design engineering) for works, services improvements and payments to he constructed, provided and made in for or in respect of the lands as required under this agreement Land which are hereinafter referred to as "the works as shown on Schedule "B" artached hereto and forming parr of this agreement Notwithstanding the execution of this agreement by either or both parties hereto the City shall nut give its letter of clearance to the Ministry of Housing unless and until the said sum of $355,520 00 shall first have been paid to the City, which sum the City shall retain and transter at once to its own proper accounts The Subdivider shall, prior to the City calling tenders for the construction of the works, pay to the City the then current estimated balance of the costs of the works whi 11 is nnw estimated at $1,103,326,00 as shown in Column 1 of Schedule "B" attached hereto and forming part of this agreement The City shall deposit the amount received for such estimated costs in a special bank account in the name of the City in the branch of The Bank —of —Nova Scotia, 4800 Victoria Avenue in the City of Niagara Falls and such sum shall belong to the City and shall be drawn upon by the City from time to time to pay for the costs and charges tc be borne by the Subdivider under the terms of this agreement provided, however, that all interest earned by the said money on deposit shall be deemed to be an additional payment made by the Subdivider on account of the said costs and charges to be borne by it Ib) It is understood and agreed that the estimated costs set forth in Schedule "11" are estimates only made n or about the date of this agreement and the City shall have the right to revise from time to time the estimates for any or all of the works listed in Items 1 to 9 inclusive Item 13 of Schedule "8" except Items lc, Le, 3c and 7b and tor the purpose of this clause b and clauses c, d, e and f of this paragraph 21, "the works" shall mean the works listed in Items 1 to 9 inclusive and Item 13 of Schedule "8" except Items lc, le, 3c and 7b If such revised estimates show an increase in the estimated cost of any of the works, the Subdivider shall pay to the City the amount of such increased estimated cost before the City commences or proceeds with the construction of such works (c) In addition to the provision contained in the preceding clause b, if when tenders are received for the construction of any of the works and the estimated cost of such works, as set forth in Schedule "B is less than the total of the tendered contract price for such works plus 107, thereof and plus engineering fees chargeable at the rate provided in paragraph 12 of this agreement, the Subdivider shall pay to the City such additional amount of money as may be required to make the total Subdividers payment to the City in respect of such works equal to the said total of the tendered contract price plus 107, thereof and plus engineering fees and unless and until such additional amount of money is paid to the City, the City shall not award the contract or authorize or commence the construction of such works (di If, when tenders are received and an agreement executed by the City and a contractor for the construction of all of the works included in either or both class I or class II described in this clause d, and the total of the tendered l a contract price accepted by the City for such works plus 10% of the tendered contract price and plus engineering fees chargeable at the rate provided in paragraph 12 of this agreement is less than the estimated cost of the works for such class as set out in Schedule "II" to this agreement, the Subdivider shall be entitled to an interim adjustment and refund in the amount of the difference between the estimated cost of the said works as set forth in Schedule "B" and the total of the tendered contract price for such works plus 107, thereof and plus engineering fees chargeable at the rate provided in paragraph 12 of this agreement The following are the twn classes of works referred to Class I (1) all sanitary sewermains including sanitary sewer laterals, (2) all storm sewermains, and (3) all watermains including water service laterals as described in this agreement and schedules thereto Class II all curbs and gutters and all roads and streets described in this agreement and schedules thereto (el When all the works have been completed and their actual cost determined, an adjustment shall be made, and the City shall repay to the Subdivider on demand the amount (if any) by which the money received by the City from the Subdivider in respect of the works, and the engineering fees in Item 9 and land acquisition in Item 13, exceeds their actual cost and the Subdivider shall pay to the City on demand the amount (if any by which the actual cost of the works, and the said engineering fees and land acquisition, exceeds the amount of money received by the City from the Subdivider in respect of such works, engineering fees and land acquisition, Notwithstanding the foregoing, the Subdivider and the City shall each be entitled, upon so requesting in writing to have the said adjustments and pay- ments (if any) made at the following three stages or times which need not necessaril be in the following order (L) Upon completion of all sanitary sewermains including sanitary sewer laterals, all storm sewermains and all watermains including water service laterals described in this agreement and schedules thereto; (2) Upon the completion of all curbs and gutters and roads and streets described in this agreement and schedules thereto; (3) Upon the completion of all sidewalks and driveway ramps, and completion of installation of all street lighting and street signs and completion of 21 (ill the installation of all sanitary sewermains, stnrm sewermains and wa termains tor the whole of the subdivision nr to such of the said lots and blocks as the Director in his discretion shall approve; and kill) the installation of sewer laterals and water service laterals to all lots and blocks within the plan of subdivision or to such of the said lots and blocks as the said Director in his discretion, shall approve (d) The provisions of paragraph 16E and all other provisions of this agreement and By -law No 75 -33 respecting the entitlement to building permits have tirst been complied with (2) In addition to the foregoing provisions, no building permit shall be issued for the erection of any building or structure on any lot or block within the plan of subdivision until such time as (a) the grading of such lot or block from the street line to a point at least 10 feet back from the street line has been completed to the satisfaction of the Director of Municipal Works; and (b) all trees which are not to be left growing and all tree stumps and brush on such lot or block shall have been cleared from such lot or block and carried away and not placed on any other lands within the plan of subdivision (3) Building plans submitted to the Building Department for the construction of houses with sunken garages shall indicate the proposed floor elevation of the sunken garage and also the elevation of the roadway adjacent to the garage The floor elevation of the sunken garage shall be a minimum of three (3) feet above the obvert of the storm sewer in cul -de -sac areas located on the upstream end of a storm sewer s"stem In other areas, the floor elevation of the sunken garage shall be a minimum of five (5) feet above the obvert of the abutting storm sewer In addition, backwater valves shall be placed on the storm sewer leads APPROVAL OF WORK BY DIRECTOR OF MUNICIPAL WORKS 25 All the work required hereunder shall be dune and performed, and all materiel required for the said work shall be supplied to the specifications and directions and to the satisfaction of the Director of Municipal Works of the City 26 The certificates of the Director of Municipal Works as to the actual cost of any work performed or materials supplied shall be conclusive ASSUMPTION OF STREETS 27 Until the City passes a by -Law assuming the streets shown on the plan, the Subdivider, on behalf of itself, its successors and assigns including its successors in title of the lands in the said subdivision hereby releases and discharges the City from, and indemnifies the said City from and against all actions, causes of action, suits, claims and demands whatsoever, which may arise by reason of .1) any alteration of the existing grade or Level or any street or— streets, on the said plan, Cu bring the said grade or level in conformity witn the grade or level required by the Director of Municipal Works; or (2) by reason of any damage to the Lands abutting on any street or streets, shown on the said plan, or to any building erected thereon arising from, or in consequence of any such alteration of grade or level; or 131 by reason of any damages or injuries (including death) to persons or damage to property occurring or arising on any street or streets on the said plan, however caused COVENANTS TO RUN WITH LAND 28. The Subdivider and the City acknowledge and agree that it is their intent that all the terms, conditions and covenants contained in this agreement shall be covenants that run with the land and that the burden of such covenants shall be binding upon the Subdivider its successors and assigns and successors in title and owners from time to time of the lands described in Schedule "A" to this agreement and any part or parts thereof and that the benefit of the said covenants shall enure to the City, its successors and successors in title of all roads, streets and public lands forming part of or abutting on the said lands described in Schedule "A" and the said covenants shall continue in force for a period of 20 years from the date of this agreement MORTGAGEE'S CONSENT 29 The Mortgagee hereby consents to this agreement and for itself and its successors and assigns and successors in title hereby subordinates and postpones all its right, title and interest in the said lands to the City with the intent that this agreement shall take priority over its charge but no further and other covenant on the part of the Mortgagee shall be implied by reason of this agreement. IN WITNESS WHEREOF the parties heere have executed this agreement SIGNED, SEALED AND DELIVERED In the presence of 1 PEGAS INCORPURATED Per THE CORPORATION OF THE 1 CITY OF NIAGARA PALLS 1 f'KJ4 MAYOR i()7 CLERK HELLER NATOFIN (ONTARIO) LIMITED Pe Branch Manager Schedule "A" to an Agreement dated the 15th day of June, 19'7 between Pegas Incorporated et al, and The Corporation of the City of Niagara Falls ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara, formerly in the Township of Stamford, in the County of Welland, and being composed of those portions of Township Lots 156 and 163 in the original Township of Stamford designated as Parts 1, 2, 3, 4 and 5 on a Plan of Survey of record in the Land Registry Office Land Titles Division of Niagara South 1No. 59) at Welland as 59R -1412, being Parcel 156 -1 in the Register for Section 59 Stamford. SEWERMAINS a Storm sewermains and appurtenances on all streets and easements includ- ing rear yard catch basins and leads within the subdivision 214,270 b Open channel from south limit of Ontario Hydro lands to existing culvert an Montrose Road and McLeod Road including culverts on open channel c Payment to the City towards the con- struction of a storm sewermain on Kalar Road abutting the lands in the subdivision (507, cost of an 18 -inch diameter sewer) construction to be deferred WATERMA I NS Watermains and appurtenances including water service lateral to the street line on all streets within the subdivision and on Kalar Road and on Pitton Road across Ontario Hydro lands ROADS a b Schedule "9" to an Agreement da the 15th day of .inne, 1977 be Pegas Incorporated et al, and The Corporation of the City of Niaga Base road construction on all streets within the subdivision and on Pitton Road across Ontario Hydro lands c Payment to the City of 507 of the esti- mated costs for constructing and paving a 28 foot wide road on Kalar Road including curb and gutter on the east side abutting lands in the subdivision (construction to be deferred) Column 1 TOTAL ESTIMATED DEPOSIT 134,640 25,330 d Sanitary sewermains and appurtenances including sewer laterals to street line on all streets within the sub- division and also sanitary sewermains on all easements and on McLeod Road and on Patton Road across Ontario Hydro Lands 294,030 e Payment to the City towards the con- struction of a sanitary sewermain on Kalar Road abutting lands in the sub- division (507, cost of a 12 -inch diameter sewer) construction to be deferred 21 920 185,950 123,030 Finished road construction including curbs and gutters on both sides of all streets within the subdivision and on Patton Road across Ontario Hydro lands and also driveway ramps to street line to all lots and blocks in the subdivision. 128 900 ted twe en ra Falls Column 2 CASH DEPOSIT PAYABLE WHEN AGREEMENT SIGNED 25,330 21,920 24 600 24,600 Column 3 ESTIMATED DEPOSIT WHEN SERVICING REQUIRED 214,270 2 13',640 294,030 185,950 123,030 128,900 SCHEDULE "B" (continued; SIDEWALKS Sidewalks on the east side of Kalar Road abutting lands in the subdivision, on both sides on Pitton Road across Ontario Hydro lands and both sides of all streets within the subdivision except Fairfield Place, Regent Court and Hampton Court including cost of sidewalk and fence on all pedestrian walkways 114,030 114,630 STREET SIGNS 590 590 STREET TREES 5,630 5 630 STREET LIGHTING a Street lighting on all streets within the subdivision b Payment towards cost of street light- ing on Kalar Road abutting lands in the subdivision (construction to be deferred) I Fence along west side of open channel abutting lands in the subdivision Engineering Fees Payment for Expansion and Renewal Fund t Payment to the City of special levy towards the construction of an outlet sanitary trunk sewer (based on $125tacre) 2 Payment in lieu of grant of land for park purposes (for deficiency of 475 acre) 3 Purchase of land for widening of Kalar Road LESS 4 Estimated amount to be paid by the City towards oversizing the sanitary sewermains from the existing pumping station to McLeod Road 5 Fifty percent cost of constructing 8 -inch diameter watermain on Kalar Road to be paid by the City 6 Engineering fees previously deposited by subdivider 7 a Money paid under other subdivision agreements towards cost of constructing open channel Column 1 Column 2 Column j CASH DEPOSIT ESTIMATED TOTAL PAYABLE WHEN DEPOSIT WREN ESTIMATED AGREEMENT SERVICING DEPOSIT SIGNED REQUIRED 16,340 16,340 3,440 3,440 13,200 100,980 186,980 80,780 186,980 6,520 6,520 17,790 17,790 2,000 2,000 800 800 3 13,200 20,200 Sub total 1,620,770 365,920 1,254,850 18,450 18 450 14,360 14,360 109,720 109,720 b Estimated amount to be paid by City towards cost of constructing open channel 8,994 8 994 SCHEDULE "B" (continued) Credits for preparing base construction drawings Total Deductions Balance of Estimated Costs to be paid by Subdivider G; lumn 1 Column 2 Column 3 CASH DEPOSIT ESTIMATED TOTAL PAYABLE WHEN DEPOSIT WREN ESTIMATED AGREEMENT SERVICING DEPOSIT SIGNED REQUIRED 9,600 9,600 161,924 10,400 151,524 1,458,846 355,520 1,103,326 SCHEDULE Semi- DeIechedUnit Mk TYPE Or 5EIM DWELLING NIIMEER WITS 1 .82010 salon StrI -Lot to 0 Bocksplit es 41 Two Slorey 2 19 Bungalow B 14 TOTAL 74 a swan, 3 d 2) B 11 1 4 115 1 16 11), 118 119 0�,121� t 124 B BS.. BS 1' S 125 e. _'F0.IRFIEl08 FLg6E•_ BS 2 Id a/ to es a .I 4 1 103 126 E ad 8; E� I' 102. tit 4, A N T,1 .01 1. 37 34 33 1e$ Y s.. KENSINGTON COURT �.�c'c r 3a 7 if 00 0 12 ;X) 19 15) 16 tT f- 18 ro p 9P >o; BUCNINGHA DEVON 76 75 79 70 73 )2 1371 V Y. VT Bs Ot) 129 39 42 43.f' M x..,91 B 94 95 Y 41 'Cl 9 O cap 9v 13o a B E1S41455 8 i 9 6 3 98 31 7..t�h ed no id d r y A 1 3z y� e 'C REGENT; COURTxt U9 19;1, 46 7 r 1 aP �O x .m BB1 8 5� 151 Z 1 1393 53 52 51 50:1 49 .48 156 ad 88 87 EIS 3 11° f 135 j1•N44 13 b 86 157 CO/ENTRY M clo es (36 O 55s ROAD 158 m. Qo0A2 m w @)e 198v 'm v Y a BS 1 e�-.lI. 56 m' 89 B5 Ise u l9] Yt 2 G Q t 5i ?sa \.61 WESTWOOD VILLAGE 2 SCHEDULE "r" tc an Agreement dated the 15th day of June.197 between Pegas Incorporated et al, and The Corporation of the City of Niagara Falls ROBERT W. McCARTNEY DNTNDi° 1976 8F.2,C= N 06'0440 6 THIS AGREEMENT dated the 15th day of June 1977 R E TLI EE N: PECAS INCORPORATED, corporation incorporated under the laws of the Province of Ontario, Hereinafter called the "Subdivider" end THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" and HELLLR- NATOFIN (ONTARIO) LIMITED, Hereinafter called the "Mortgagee" of the FIRST PART, of the SECOICCY t, of the THIRD PART WHEREAS the Subdivider has applied to the Minister under the provisions of The Planning Act for approval of plan of subdivision of the lands described in Scheduie "A" attached hereto; and WHEREAS In accordance with the conditions imposed by the Minister pursuant to section 73 of The Planning Act, the City requires the Subdivider Co enter into t agreement; end WHEREAS the Mortgagee is the registered owner of s charge against the said (Bode registered on the 16th dsv of May, 1977 as No LT-6696 t,Tu6' T1lr.RLPORE this agreement wltnesseth that to tonaideration of the City rerommending approval of the sold plan of subdivision to the Minister end the acceptance by thr Clty, after compliance with auk the requirements hereinafter sec forth of the roads and streets laid out as public highways on the said plan subdivision and the mutual covenants and agreements to be observed and performed by each of the ponies hereto, the Subdivider and the Clty hereby covenant and ngrgr each with the other as follows LANDS AFFECTED 1 The lands affected by this agreement are ell those land' described to Scneduie A •:ruched heruEu (hape:Mfta; referred to as "the inch TAXES 2 The Subdivider shall. pay to the treasurer of the City, on or before the execution of this agreement by the City, aft arrears of taxes (if any) Ind current taxes including local improvement rates eb December 31st, 1977 owing in respect of the lands end the buildings situate thereon. SEWENIAINS 3 (e) Subject to clause (e), the Subdivider shall pay to the City the entire coat of construction of (1) 12 -inch to A8 -inch diameter storm stwermatns es set out in Item to of Schedule "8" attached hereto, (ii) 10 -inch co -inch d(ay.atar ::nicety sewermalns as set out In teem Id of Schedule "B" attached hereto, and in such other locations as era requited to provide proper service and connections The coat of the ..1d aew<rmatns shall include all catch basins and other connections to street severe and all fittings, appurtenances, connections to existing terermalns and all other aaaocisced wurkn end the coot of television inspection of completed stuermatns when such Inspection is required by the Director of Municipal Works (b) Subject to clause (f), the Subdivider shall pay to the City the whole of the coat of constructing a storm drainage channel including culverts •e net out to item lb of Schedule "g" attached hereto (c) The Subdivider shall pay to the City the auto of $25,330.00 as act out Ln Item lc of Schedule "B" towards the cost of constructing a storm sewer mein on Haler Hoed abutting lands In the subdivision. (d) The Subdivider 'hall pay to the City the sum of $2t,92D as set out h+ Item !r of Schedule "B" towards the cost of constructing sanitary sewer r,tn on Kat'r Hued '!'wiring the lands in the subdlvtston. {r) T)nr City shell contribute a sun egcnl to 2 337, at the Acton) COP detoralne,i by I lir Meertor of Municipal Works of eupptvtng and lnstn litng A 15 Inc, and L. (nth d( $anitary eewrrnwtln having a length of apprnxi mottle 1550 floral fret /nom the existing pumping 'atntlon nt Lyndhurst Drive 1 and Pltton Road to McLeod Road and the said contribution shall be paid out of the City's Expansion and Renewal Fund in accordance with progress certificates Unwed for the said sanitary severmatn. The present total cacimaicd ,.oil of the wild canttary aeeert-etn is $i2,U4O and inr Ciiy'a contribution towards the coat has been estimated at $18,450 a set out (n Schedule "B" If the actual coat of tht said sanitary sewermaln, as determined by the Director of Municipal Works,verles from the said estimated cost of $72,840, an adjustment shall be made and the Subdivider shall aa.ume and pay 74 67% of the actual cost and the City shall assume and pay 25 33% of the actual cost (E) The sum of $109,720 mild under other subdivision agreements, •s set out in Item 17. of Schedule "B shall be deducted from the cost of constructing the said storm drainage channel referred to in clause b of this paragraph and in Item lb of Schedule "8" attached hereto, which said cost including $10,771 for the applicable estimated engineering fees of 8% of construction coat provldrd for In paragraph 12 is estimated to be $165,411, leaving the estimated balance of the cost of the said channel at $35 69l The City shall contribute a sum equal to 25 20% of the actual balance of the said cost as determined by the Director of Municipal Works and the said contribution shall be paid out of the City's Expansion and Renewal Fund to accordance with progress, certificates issued (or the raid channel The present estimated balance of the cost of the said channel is the aforementioned sum of $35,691 and the City's contribution towards the said balance of the coat hat been estimated at $8,994 as set out In Item 176 of Schedule "5" If the actual ba l once of the cost of the said channel, me determined by the Director of Municipal Works, varies from the said estimated balance of $35,691 an adjust- ment shall be made end the Subdivider shall assume end pay 74.80% of the actual balance of the said cost and the City shall assume and pay 25 20% of the actual balance of the said coat tan TE11>LA1 N5 (n) Snbloet to clauao t. the Subdivider shall pay to the City the •m ire cost of constructing 6 inch and 8 Inch diameter voter as set out In Item 2 of :ehodul,• "11" attached hereto and In such other locations as arc required to provide proper ae rvfce and connection! an. there shall be a minima cnvtr of Ilve (S) feet fcr all ve terma tna the cast of the said war a rnaina shall include all valves hydranto tittingo rp.LIrtenancee ctnnectlnaa to exlaltng untermnlnt and all other associated works i i (b Mc City ;hell coa;ributt a :a:n equei to of the aeteel Loet as determined by the Otrectoz of Municipal Works of supplying and installing an 8 -inch diameter w.termaln on War Road abutting the lands in the sub- division and the said contribution shalt be paid out of the City's Expansion and Renewal fund to accordance with progress certificates issued for the said watermain The present total estimated cast of the said vaternaln 1• $28,720 00 and the C!ty's contribution towards the coat has been estimated at $14,360.00 as set out in Schedule "8" If the actual coat of the said watermsin, determined by the Director of Municipal Works. varies from the said estimated cost of $28,720.00. an adjustment shall be made and the Subdivider shall assume and pay Sox of the actual cost and the City shall assume and pay 50t of the actual cost ROADS 5 (a) The Subdivider shall pay to the City the whole of the cost of construction of all roads described in Items 3s and 3b of Schedule "8" attached hereto including the construction of asphalt pavements having minimum width (including curbs and gutters) of 28 feet and having conseli dated stone base with minimum depth of 12 Inches end 4 bat mixed asphalt surface with a minimum depth of 3 Inches and the construction of concrete curbs and gutters and the construction of driveway ramps, all as set out in said Items 3s and 3b (b) The Subdivider shalt par to (he City the sum of $24,600 00 as set out in Item 3c of Schedule "8" teverds the cost of constructing and paving a road Including curb and gutter on Baler Road .hutting lands in the sub- division. (c) 11 shall be the responsibility of the Subdivider to notify the purchasers of lots within the plan of subdivision that no curbs aid gutters shall he constructed until the expiration of at least one year following the Installation of all ecwermaine and vatermelns and until construction of i buildings has been c<mm,c: on not Ices than 50 percent cf all the lots t'•Ln the said plan of subdivision or such lesser pert thereof as the Director of Municipal Works, in his discretion, shall approve IF (d) The Subdivider shall, within )G days of written request made to it by the City, file with the Director of Municipal Works a piul plia the location of ell future driveway ramps for the remaining lots on the sold plan lf, after a driveway ramp has been constructed for any Lot on the said plan, the Subdivider or its suecesaor to title of such lot requests a new ramp in a different location, the entire cost of constructing such new ramp and of constructing, altering or replacing the curb gutter and sidewalk at ouch new location together with the entire coat of reconstructing the curb, gutter and sidewalk et the location of the original driveway ramp shalt'be borne by the Subdivider or, If such lot has been sold, by the then registered owner of such :ot (e) The Subdivider agrees that before tho City shall commence any construction of roads sanitary severmatna, storm severaains, vsttrmains, sewer laterals and water service literal., the Subdivider shall remove all trees designated by the n1rcctor of Hunietpal works and all stumps and brush from the full width and length of ::c ch _!lovance shown on the plan of sub- division and from the full width and lengti, of such other streets and easements on which any of the said works are to be constructed and from all iota within the plan of subdivision between the street line and a point I0 feet back from the street line and shall supply Inc agreed ail necessary fill, make ell necessary cute and grade the full with and length of each said street allowance and easement and each said lot between the street lino and a point 10 feet back from the street line to grades approved by the flrector of Municipal Works, all of which shall be to the satisfaction of the said Director; and the Sub- divider further agrees that the City obeli not undertake any road construction until, in addition to the afore:afd, all sewers, watermalns, catch basins, sewer laterals and eater laterals have been installed and the trenches therefor have had sufficient ct:=c •tile or have been properly compacted and the grade, f111 and spread Ahoy, much trenches have a e tt tid or hove been properly compacted tt) until the sn(<1 rends end streets have been constntrted and a by -law ham horn paazed by the city assuming then As public highways, it shall he the responsibility of the Subdivider to keep the eeld made and streets in a naseahle rendition Ind to take all necessary precautions rn avoid dust And ether nut!nnces 1 (g) It 1s understood and agreed that the construction of the top course asphalt for roads and the construction of curbs and gutters shall not be under- taken by the City until the expiration of at lent one year following the completion of the Installation of all sewermains and wacersains and until construction of buildings has been commenced on not less than 50 per cent of all the lots within the said plan of subdivision or such leaser part thereof as the Director of Municipal Works, in hit' discretion, shall approve APPROVAL OF MINISTRY OF 11IE ENVIRONMENT ETC. 6 (a) It is understood and agreed that the City shall not be under any obligation to undertake any work under this agreement until such time as the approval of the Ministry of the Environment and all other approvals required by low have first been obtained. (b) It is further understood and agreed that the sizes, specifications and locations of the proposed works on which the estimated costa set out in Schedule "8" attached hereto have been based are subject to review by the approving authorities and that the City shall be required to make such changes in the sizes, specifications and locations of the works and in the estimated costs as may be required to give effect to changes required by the approving authorities LATERALS 7 (n) The Subdivider shall pay to the City the entire cost of constructing contrary sewer laterals from the sanitary sewermaln tc the street line of each lot within the plan of suhdivlslon,all of which shall be constructed concurrently with the Divine of the sanitary sowermaln. No downspouts from eavestroughs shall he connected to any sanitary steernatn either directly or indirectly and no roof warrr shall he discharged Into sanitary sewers by any means whatsoevet (hl The Subdivider shall pay to the City the entire cost of constructing wntrr service laterals, fittings valves and appurtenances from the watermalns to the street line of each lot within the plan of subdivision all or which ahn 11 he constructed concurrently with the laying of the w•n terau ins Cc) The Subdivider shall pay to the City the entire coat of constructing .storm sewer laterals from the storm srvcrma(ns to the street 1Sne of each lot on whlrh 11 fa proposed to erect s house with n sunken garage In order that 1 the storm set.er system may be designed to accommodate houses with sunken garages, i( shall he the responsibility of the Subdivider to notify the City, prior to the tender call for underground services by the City, of tha lot. on which It to proposed to erect house. with sunken garage.. The Subdivider shall pay the whole of the cost of providing and installing backwater valves which shall be placed on the storm sewer lead. to ail sunken garages (See also paragraph 24 (3) re building permits for houses with sunken garages) S MDE1ALKS 8 The Subdivider •hall pay to the City the entire cost cf constructing concrete sidewalk. 5 feet In width on the streets and pedestrian we hay: out in Item 4 of Schedule "g" attached hereto including supplying and instal- ling n chain link fence on each aide of the pedestrian walkway; It :hell be the responsibiltty of the Subdivider to notify the purchasers of lots within the plan of subdivision that no sidewalks shall he built until at least 80 per cent of all the lots within the sold plan of subdivision or such lesser part thereof as the Director of Municipal Works, In his discretion, shall approve have been built upon and that the City's standard location for sidewalks is 4 feet from the outer limit of the road allowance and that curb -(aced sidewalks will not he conrtructed STREET SIGNS AND STANDARDS 9 The Subdivider shall pay the entire cost of providing and installing street signs and standards to be erected at the intersection or Junctions of all roads shown on the plan of subdiviaion ORNABEN(AL TREES i0 The Subdivider shall pay the entire cost of providing and planting tailored type ornamental trees along the front of the tot: and blocks within the plan of subdivision sac}. trees to he approximately fifty (50) feet apart and to he planted under the directions of the Director of Municipal Works In locations to he approved by him. STREET 1.I CIITI;:L 11 (a) Tbr Sobdlvlder shall pay the (tall cost of providing and installing mercury vapour street Ilghtlug hracketa And fixtures upon the streets described in Item 7h et Schedule 11" attached hereto including concrete poles and underground wl ring from the poles to the main secondary bus i (b) The St!hdlvider shall pay to the City the sum of x3,440 as set out 1 1 M a on lilac Road abutting lands In the subdivision 11 FENCING DRAINAGE CHANNEL liA The Subdivider shall pay the whole of the cost of supplying and lnsteIllns a chain !ink fence 6 feet In height along the westerly side of the storm drainage channel 'hutting lands In the subdivision. ENGINEERING AND INSPECTION 12. Tne Subdivider shall pay to the City a fee for engineering and inspection for roads and 'treats, sewermains, watermitns, sidewalks, curbs and gutters and laying cut underground works at the rate of Si of the actual cost of consr uctlon of the said works The estimated amount of the fee for engineer- ing and inspection le set out in (tea 9 of Schedule "8" to this agreement and I the credits applicable thereto are set out In Items 16 and 18 of the said Schedule "N" EXPANSION AND RENEWAL TDND 13 (a) The Subdivider shall pay to the City the sum of 9 186,980 00 as set __t .n Item 1 of SI:bedu'.e for the r o. expending nd renewing rw Pa n��• a 'e sac ter and sewer services, providing storm sewers ditches and outlets and developing parks and recreational faclt Ries The aforementioned sum Includes prelim! nary Impost charge in the amount of 92,000.00 per acre for any blocks on the plan of subdivision which are zoned for multi family dwellings; (8) In addition to the payment required under subparagraph a, the Subdivider shall pay to the City prior to the issuance of any building permit for a building containing dwelling units In any block zoned tor multi- family dwellings, an amount equal to the difference between the preliminary Impost charge referred to In subparagraph (10 of this paragraph and the total impost charge per dwelling unit charge for multi family dwellings In the Cltv's 'Declaration of Policy for Development d Subdivisions" as adopted end revised b the Council of the [It and vhlcl, In in effect at the time of application for An much bnl iding permit (c) Inc the purpose of this paragraph II, "multi (aptly duelling" means nn' dwelling containing three or more dwelling units M SPECIAL LEVY FOR SANITARY fttrA sss, TRUNK sewn OUTLET 11 14. The Subdivider shell paw to the Citv the sun of S6,520.00 ae ant V out in Item ii of Schedule "2" attached hereto me a contribution towards the coot of providing an outlet sanitary trunk sewer will r which w larva lands within the subdivision in addition to other lands GRANT FOR PARK PURPOSES ETC 15 (a) The Subdivider shall convey to the City without coat by a good and sufficient deed in fee simple free from ell encumbrances pursuant to the provlsiona of clause (a) of subsection 5 of section 33 of The Planning Act a parcel of land having an arcs of 2.134 ecreo and being part of Township Lot 170 of the former Township of Stamford for park purposes and the deed of tie said land shall be executed by the Subdivider and delivered to the City Clerk prior to the City giving Ito letter of clearance to the Ministry of lousing. As the area of the said land proposed to be conveyed is 475 acre leas than the area of the land required to be conveyed by the Subdivider to the City for park purposes In accordance with the provisions of the said clause fa) of aubaectlon 5 of section 33 of The Planning Act R.5 0 1970 the Subdivider eholl pay to the City the sum of 517 790 00 as set out in Item i2 of Schedule "e" attached hereto in lieu of the conveyance of such 475 acre of Lind (b) The Subdivider shall convey to the City without coat by a good and sufficient tranelcr in fee simple teed from all encumbrances all one foot reserve lots or blocks shown on the subdivision plan the geld trenefer to he executed by the Subdivider end delivered ro the City Clerk prior to the City giving Its letter of clearance to the Ministry of (lousing. it) The Subdivider agrees to provide the City without cost end free of or in priority to Fill encumbrances snch permanent easements both within and eitnide the sabd.vislon as min- be required by the Clty the ,aid grants or transfer, of mach ea armentn to be in a form approved by she solicitor of the city and to he executed by the Subdivider and other (ninon or persons granting or t ransf+rr l ag such ennemrnts and any mortgageoe of t:. !and affected thereby and dell+rred to the City Clerk prior to the City giving its letter of clearance to the Ministry of Mousing 10 HYDRO FASP14NTS 16. The Subdlvi&ar agrees that prior to conveying or mortgaging any part of w 1 4 111 a 1h■ Hydra- R1.ctrtc CoasatsnLon of the City of Niagara Falls ouch easements as may be required by that Go,amisolon for the provision of all electrical services including street Lighting for the said subdivision The Subdivider agrees that all wires, cables and conduits to be provided by the said Commission shall be underground. ADDITIONAL LANDS 16A. The Subdivider shall pay to the City the whole of the coot of acquiring from Ontario Itydro a strip of land having a frontage of approximately 200 feet on War Reed and a perpendicular depth of 22 feet for the widening of that section of War Road between the north limit of the subdivision and the south limit of Registered Plan HS62 The estimated cost of acquiring the said strip of land is the mum of $2,000.00 as set out Lo Item 13 of Schedule "8" attached hereto 168. The Subdivider shall convey to the City without coat by a good and sufficient deed in fee simple free from ail encumbrances that part or Township Lot No 156 of the former Township of Stamford designated as Part l on a reference plan o.yooited in the Land Registry Office for the Registry Division of Niagara South es Reference Plan 59R -945 which shall be established by the City as part of Piston Road 16C The Subdivider and the City acknowledge and agree that (L) the references in Items Id 2 la, 3b and 6 of Schedule "g" attached hereto to "Pitton Road across Ontario Hydro Iande" shall mean and include not only thr land referred to In paragraph (68 but also that part of Block H Registered Plan N 5 62 which shall be established by the City ns pert of Piston Road and (2) the reference to Item 2 of Schedule 'B" attached hereto to "Rater Road include .hc land referred to In paragraph l6A 161) The Subdivider shall convey to the City without coat by a Rood and sufficient transfer in fee simple (rte from a,! encumbrances the block on the subdivision plan being that part of Tovnahtp Lot l56 of the former Township of Stamford designated oe Part 4 on n reference plan deposited 1n the Land Registry Office for the Registry Division of Niegern South as Reference Plan 59R -1412 and that parr of w 11 Township Lot 161 of the former Townahtp of Stamford designated as Part 5 on the said Reference Plan 59R -1412 and the said transfer together with the trsnafar of the land referred to In paragraph 16» shall be executed by the Subdivider and delivered to the City Clerk prior to ihs City giving its latter of clearance to the. Ministry of Housing. SENT- DETACHED DUELLING NOOSES 16E. The Subdivider, for itself, its successors and assigns and successors In title of the lards covenants and agrees with the City as follows (1) That no semi- detached duelling house other than a 'back split" semi- detached dwelling house shall be erected on any of the lots en the proposed subdivision plan designated by the letters "RS" on Schedule "C" attached hereto; and (2) That no semi detached dwelling house other than "two storey" semi- detached dwelling house shall be erected on any of the lots on the proposed subdivision plan designated by the number "2" on Schedule "C" attached hereto; and (3) That no teed detached dwelling house other than a "bungalow" semi- detached dwelling house shall be erected on any of the lots on the proposed subdivtalon plan designated by the letter "B" on Schedule "C" attached hereto and (4) That no semi- detached dwelling house shall be erected on any lot designated for a "back split" or "two- storey" or "bungalow" semi- detached dwelling on the sold plan Schedule "C" attached hereto and bearing the figure "20" (indicating s minimum set -back of 20 feet), closer to the front lot line than 20 feet or at a greater d[etance from the front lot tine than 22 feet; and (5) Thnt no semi- detached dwelling house 'hall be erected on any lot designated for a 'back split" or "two storey" or "bungalow" semi- detached dwelling on the said plan Schedule "C" attached hereto and bearing the figure "30" (indicating a minimum set -hack of 30 feet), closer to the front lot tine than 29 fort or a/ a greater dtetencr from the front lot line than 11 Iert and (G1 The Subdivider shall not apply for a budding permit and no building permit shall he Issued for n dwelling house on any lot designated "BS" or on Schedule "C" attached hereto if the proposed dwelling house done not comply with all of the roqulrcmenta of this paragraph lhE f 12 CABLE T,V, INSTALL {T10NS 16F (I) For the pu. r cf this (a) "Licensee" means the corporation or person holding a license from the Canadian Radio Television Coamiaiion to provide cable television service In the area in which the plan of subdivision is situated; (b) tlniete one or more of the followine types of pedestals is or are specified, "pedestals" includes pedestals for household tips, pedestals for distribution amplifiers and pedestals for main trunk *mpt:tiers; (c) "works" Includes all cables equipment and appurtenances other than pedestals (2) The Subdivider for itself, its successors and assigns and successors in title of the lands and each and every lot and block on the plan of sub- division covenants and agrees with the Ctty that it and they will consent and do hereby consent to the installation on the lots and blocks and streets on the plan of subdivision of all pedestals and works required for providing cable television service for each lot and block within the plan of subdivision in accordance with the following regulations a) Subject to much.arrengeewnts ar to iveitiun and easements in may be made between the Subdivider and the Licensee and subject to the approval of the Director of Muntcipot Works being first obtained, the Licensee shall have the option of installing Its pedestals either in the rear yard of lots and blocks in the plan cf subdivision or on the read allowance in front of such lots or blocks; (h) Where pedestals for household taps are to be installed to rear yards, thew MAY he Installed above ground level; (c) Where pedestals for household tnps are to be installed in front yards, or on the road allowance in 'ront of lot, and blocks In the plan of subdivision thee must be hurled underground (d) L9iere a pedestal for n distribution Amplifier or n pedestal for a :min trunk Amplifier is to he installed on the road allowance in front of n lot or pluck In the plan of sutdl•ieloo on which a house has Leon built the Licensee shall consult the owner of such lot or block and request such owner to sign a form stating that he does not i to any requested amendment 13 object to the proposed location of such pedestal. In the event that such ovner does object to the proposed locttion of such pedestal, the ee b ed to the Council of the City Mho ecail deride the location. ZONING AMENDMENTS 16G In the event of the Subdivider, its successors and aaeigne or successors in rtrt nr rh. i.nn• d....ie.a in Schedule "A" to this agreement requesting an amendment to the restricted area (sowing) by -law applicable to the said lands or any part thereof, the Subdivider or the then registered owner of the lands to which the requested amendment applies may be required by eh. City to enter Into a further agreement amending this agreement prior to the City Council enacting any such amendment; but nothing heralnbefore contained shill be deemed as the approval or convent of the City to any requested amendment or as the concurrence or agreement of the City to enact any by -lew to give effect 1 1/1 EXISTING StkV10ES 17 The Subdivider shall assume complete responaibiltty and make ell necessary arrangement. for the moving or disturbance of any water, sewer, Hydro-Electric, gas or telephone pipes conduits, wires, lines, poles or any ocher public utility vorke and shall be solely responsible for any damage caused to the said pipes, conduits, wires, lines, poles or other works GRADING AND CLEARING OF LOTS 13 (s) The Subdivider agrees to grade all lots within the plan of subdivision from the street :Inc to a point 25 feet back from the street line to grades ap- proved by the Director of Municipal Works and to complete tech grading for a ,rtistence of not lest than 10 feet beck from the street line before commencing the con- struction of any building on any such lot, (b) The Subdivider further agrees to grade the be yards of ail let: within the plan of aubdi 'felon In much manner that there will be no accumula- tion of storm water or other surface drainage In back yards If, in the opinion of the Director of Municipal Works, such grading will not prevent the accumula- tion of storm water or other surface drainage in any area or areas the Subdivider eho 11 at Ito own expense, supply and In.ta it the City's standard back yard catch basins wherever required by the Director of Municipal Works, and shall connect the sate to the storm water sewer system. If the Subdivider shall fail to supply and install the said catch basins, pipes and appurtenances wltt,n 30 days after being requested to do so by tho Director of Municipal Works, the City shell have the right to enter on the said lands with its servants, agents and contractors and carry out such work At the Subdivider's expense and the cost thereof shall be included In the costs to be borne by the Subdivider under this n g rceaw nr (c) The Subdivider agrees that before commencing the construction of building on env lot within the plan of subdlvtslon, ell trees which ere not to he left growing and all tree stumps and brush on ouch lot shell be cleared from such lot and carried away and shall not he pieced or burned on env other lands within the clan of auhJlvislon. TF.N IlNi S iq The tit ngr,os II) roll for renders tor rho construction of the said road,' And curets wntermalns, sanitary sotrrnain, storm ecwornwtns newer Istrral% water service lateratm sidewalk, curbs and guttrra and (or snpplvins and plant- ing rl trees and the contract or contracts for the construction of the said vmrks 1] 15 and for trees shell be awarded to the iowest responsible bidder or bidders approved by the City It is understood end agreed that the contract for the construction of the wetormains, sanitary sewermains, store severmains, sewer laterals and %weer service laterals shall to a_erded to one cu,,..... contained in one contract SUBDIVISION IDENTIFICATION $1Q{$ The Subdivider hereby covenants and agrees with the City as follows: (a) that it will, within not more than I5 days after the date of registration of the subdivision plan, erect or taupe to be erected et each main entrance to the subdivision a subdivision identification sign not less than 72 square feat in area with a layout approved by the Building Inspector and showing the following (1) the names (if any) of the subdivision, (ii) the registered plan number of the subdivision, (iii) a reproduction of the plan of subdivision od e scale suitable to the eixe of the subdivision showing the various lend uses permitted as it the data of registration of the subdivision plea both within the subdivision and on lands abutting the subdivision; (b) that each subdivision identification sign shall be colour -coded to designate the following permitted uses by the following colours: Pnrmdtted Use Colour Single Family Residential Yellow Two- family residential Yellow with orange hatchin Multi- family Residential Orange Commercial Purple Industrial Blue Park or School Greco end In addition to tho colour coding the following uses, if permitted on any lands in tho oubdivision or en any land¢ abutting the subdivision, ',bail 'ha expressed 'riche urds on each subdivision iccntiiicatton sign: 11 I- 12185 Na Received at the Land Registry lead Titles Division for Niagara. Soutli {lb. at 4 ,g' (0 P ld „bu J, 1 2 1978 and entered 7� In Parcel .?/t 7 Section C:(.� Welland, OnL i 0 ez01Sth k D E TAM Trars ArT DATE” July 11th, A.P 1978. TEE CORPcWAilOH OF TUE CITY OF NIAGARA FALLS APPLICATION TO aECISTZR ACPIa 07 All AC7=1177tT Harold R Young, City Solicitor, City Nall, Niagara Palle, Ontario DATED July 6t F., 1978 PEGAS INCORTORATED and THE CORPORATION OT THE CITY OF NIAGARA FALLS A G R E E M E N T Harold R. Young City Solicitor City Hall Niagara Falls, Ontario THE LAND TITL%g ACT Application to Register Notice of an Agreement Section 78 TO: THE LAN RECISTFAR LAND REGISTRY OFFICE FOR THE LAND TITLES DIVISION OF NIAGARA SORTS (N0. 59) THE CORPORATION 0P 111E CITY 07 NIAGARA FALLS being interested in the land entered in the Register for Section H -61 as Parcel Plan 1 F -1 of ;rich Pages Incorporated is the registered owner hereby applien to have entered on the register for the following lands, namely: ALL AND SINGULAR that certain portal or tract of lend and premises Situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara and Province of Ontario and being composed of all of Iota Nos. 1 to 165 inclusive and Blocks "A '91 "C '9) "V" end "0" all according to a plan registered in the Land Registry Office for the Land Titles Division of Niagara South (No. 59) as Plan M -61. Amending Notice of an /Agreement dated the 6th day of July, 1978 made between Pegae Incorporated, of the First Part and The Corporation of the City of Niagara Palls, of the Second Part. The evidence in support of this Application consists oft Amending An executed tow of the origitul/agcaaiaant. The address for service is: The Corporation of the City of Niagara Valls, City Hall, Niagara Falls, Ontario. L2E 675. Dated at Niagara Fells, Ontario this Ilth day of July, 1978 T11E CORPORATION OP TES CITY 07 NIAGARA PALLS Per Pe Per: Harold R. Y• ng, City Solicitor PECAS INCORPORATED, the registered owner of the said lands, hereby concurs in this Application and consents to its registration. 1 C THIS AGREEMENT made in triplicate the sixth day of July, A.D 1978. 1 B E TW41 E E N PEGAS INCORPORATED, a corporation incorporated under the laws of the Province of Ontario, Hereinafter called the 'Subdivider and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City of the FIRST PART of the SECOND PART WHEREAS by an agreement dated June 15th, 1977 (hereinafter referred to as "the subdivision agreement between Pegas Incorporated, the City and others filed under an Application to Register Notice of an Agreement in the Land Registry Office for the Land Titles Division of Niagara South (No. 591 on the 12th day of July 1977 as Instrument No. LT -7425, it was agreed that no building permits would be issued for the construction of buildings until, in addition to certain other requireurnts, the installation of all sanitary sewermain storm sewermains and watermains for the whole of the subdivision, now registered as Plan M-61 and known as the Westwood Village II Subdivision, had been completed and approved by the Director of Municipal Works and WHEREAS by an agreement dated the 4th day of April, 1978 between Pegas Incorporated and the City filed under an Application to Register Notice of an Agreement in the Land Registry Office for the Land Titles Division of Niagara South (No. 59) on the 13th day of April, 1978 as Instrument No. LT- 10949, it was agreed that building permits could be issued for Lots Nos 1 to 21 inclusive and Lots Nos. 85 to 121 inclusive and Block "E" all according to Registered Plan M -61, subject to certain conditions set forth therein not- withstanding that all of the work had not been completed and approved by the Director of Municipal Works; and WHEREAS all of the work has not to this date been completed and approved by the Director of Municipal Works and WHEREAS the subdivider has now requested the City to issue building permits for the remaining lots in said Registered Plan M -61; and WHEREAS the City deems it desirable to issue the building permits requested, subject to certain conditions as hereinafter set forth; and WHEREAS the parties deem it desirable to further amend the subdivider's agreement as hereinafter set forth. NOW THEREFORE THIS AGREEMENT WITNESSE'TH that in consideration of the premises the parties covenant and agree each with the other as follows 1 The lands affected by this agreement are described in Schedule "A" attached here 2. The subdivision agreement is amended by adding the following paragraphsl6H and 161 following paragraph 16G 1611 The Subdivider for itself its successors and assigns covenants and agrees with the City that no building permits for townhouse dwellings, apartment buildings or neighbourhood commercial buildings shall be issued and no such building shall be erected on that part of the lands to be zoned for such buildings until a site plan displaying the following information has been approved by the City Council (a) Location of each proposed building, (b) Proposed use or uses of each proposed building, (c) Location and width of driveway entrances and exits (d) Area and location of lands to be used for off street parking, driveways and manoeuvring areas which shall be paved with hot -mix asphalt or approved equal, ke) Proposed use of other Lands not be be covered by the proposed buildings nor used for off street parking, driveways and manoeuvring areas and which shall include Landscaped areas (ti Connections to the City's sanitary sewerage system, (g) Grading plan showing existing and proposed elevations to the nearest tenth of a foot for the entire parcel of land including any storm drains and catch basins required to dispose of storm waters, (h) Type of material to be used in exterior walls of the proposed building, (il Provision for garbage storage, (j) Proposed fencing, including height and type of material 16I It is understood and agreed that if the erection of a proposed building shown on the site plan has not commenced within one year of the date of approval of the said site plan, the approved site plan shall become null and void unless an extension is granted by the City Council and a new site plan must be submitted displaying the information outlined in paragraph 16H of this agreement and must be approved by the City i.ouncil prior to any building being constructed. 3 clause idl oL subparagraph (1) of paragraph 24 of the subdivision agreement is amended by adding the words mmicrals and letter "and paragraph 16H" after the numeral and letter "162" in the first line thereof. 4 The Subdivider shall pay the entire cost of constructing and installing an 18 -inch diameter storm sewermain and a 10 -inch diameter sanitary sewermain along the lands being part of Block "8" according to Registered Plan M-61 designated as Part 1 on a Plan of Survey deposited in the Land Registry Office for the Land Titles Di"isiun of Niagara South (No. 59) as Plan 59R-2414 together with all fittings, appurtenances connections to existing sewermains and all other associated works and the cost of tele' inspection of rompleted sewermains when such inspection is required by the Director of Municipal Works and the Subdivider further agrees the said 18 -inch diameter storm sewermain and the 10 -inch diameter sanitary sewermain shall be deemed for all purpnses to be part of "the works" as described in the subdivision agreement 5 Subject to paragraph 6 of this agreement, the City agrees that notwithstanding the provisions of subclause iii) of clause (c) of subparagraph (1) of paragraph 24 of the subdivision agreement, building permits may be issued for the construction of buildings on Lot Nos 22 to 84 inclusive and Lot Nos. 122 to 165 inclusive and Blocks "A "B "C "D" "F" and "0 (referred to in paragraph 6 hereof as "the lands 6. The Subdivider hereby agrees, (i) to indemnify and save the City and each of its officers, servants and agents, harmless £rom and against all loss, damage or injury to persons or property and all actions, suits, proceedings, costs, charges, expenses claims and demands which may arise or be incurred either directly or indirectly as a result of the issuance by the City of any building permits for the lands and the construction of any buildings on the lands before the installation of the works required to have been completed have been completed and approved by the Director of Municipal Works for the City, and (ii) to waive and release and discharge the City and each of its officers, servants and agents from any and all claims for Loss, costs, damages, injuries and expenses which may arise or be incurred either directly or indirectly as a result of the issuance by the City of any building permit: for the lands and the construction of buildings on the lands before the installation of the works required to have been completed have been completed and approved by the Director of Municipal Works for the CitY and (iii) to be responsible for any and all additional costs and expenses of installing and constructing the works, which are or may arise either directly or indirectly as a result of the issuance by the City of any building permits for the lands and the construction of buildings on the lands before the installation of the works required to have been completed have been completed and approved by the Director of Municipal Works for the City. 7 All of the provisions of the subdivision agreement as amended, shall remain in full force and effect except as amended by the provisions of this agreement. 8. The Subdivider and the City acknowledge and agree that it is their intent that all the terms, conditions and covenants contained in this agreement shall be covenants that run with the land and that the burden of such covenants shall be binding upon the Subdivider, its successors and assigns and successors in title and owners from time to time of the lands and any part or parts thereof and that the benefit of the said covenants shall enure to the City, its successors and successors in title of all roads, streets and public lands forming part of or abutting on the lands and the said covenants shall continue in force for a period of 20 years from the date of this agreement. IN WITNESS WHEREOF the parties have hereunto affixed their coporate seals under the hands of their duly authorized proper officers. SIGNED, SEALED AND DELIVERED In the presence of PEGAS INCORPORAATED ED Pe =l Per' Per: c° "(2K J CITY OF NIAGARA FALLS MAYOR i"' DEPUTY CITY CLERK 4 THE CORPORATION OF THE This is Schedule "A" to an Agreement dated the 6th day of July, 1978 between Pegas Incorporated and The Corporation of the City of Niagara Falls All and Singular that certain parcel or tract of Land and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara and Province of Ontario and being composed of all of Lots Nos. 1 to 165 inclusive and Blocks "A "B "C "D "F" and "O" all according to a plan registered in the Land Registry Office for the Land Titles Division of Niagara South (No 59) as Plan M -61. DATED April 27th, 1981 477098 ONTARIO INC. and THE CORPORATION OF THE CITY OF NIAGARA FALLS A G R E E M E N T Harold R. Young City Solicitor City Hall Niagara Falls,Ontario THE LAND TITLES ACT DATED: May 22nd, A.D. 1981 No. LI z 1bai N r THE CORPORATION OF THE Receiyed at the Land Registry Wrap Land d c ITY OF NIAGARA FAILS Titles Division for Niagara South (No. 59) i NAY 25 P_ 2:36 and entered in Parcel. O it LAND FEGISIRAA APPLICATION TO REGISTER NOTICE OF AN AGREFILMNT Harold R. Young, City Solicitor, City Hall, Niagara Falls, Ontario. THE LAND TITLES ACT Application to Register Notice of an Agreement Section 78 9'o: THE LAND REGISTRAR LAND REGISTRY OFFICE FOR THE LAND TITLES DIVISION OF NIAGARA SOUTH (NO. 59) THE CORPORATION OF THE CITY OF NIAGARA FALLS being interested in the land entered in the Register for Section M -61 ns Parcels 1 -1 to 4-1 inclusive, 9 -1 to 23 -1 inclusive, 25 -1 to 28 -1 inclusive, 35 -1 to 42 -1 inclusive, 51 -1 to 58 -1 inclusive, 60 -1 to 68 -1 inclusive, 77 -1, 80 -1 to 102 -1 inclusive, 104 -1, 105 -1, 108-1 to 125 -1 inclusive, 127 -1 to 153 -1 inclusive, 155-1, 156 -1 and 165 -1 of which 477098 Ontario Inc. is the registered owner hereby applies to have Notice of an Agreement dated the 27th day of April, 1981 made between 477098 Ontario Inc. and The Corporation of the City of Niagara Falls entered on the parcel register. The evidence in support of this Application consists of: An executed copy of the original agreement. The address for service is DATED at Niagara Palle, Ontario this 22nd day of May, 1981. The Corporation of the City of Niagara Falls, City Hall, Niagara Falls, Ontario. 1.2E 6X5 THE CORPORATION OP THE CITY OF NIAGARA FALLS Per 7,...2--;„ 'C Harold R. Youn City Solicitor. 7 THIS AGREEMENT dated the 27th day of April, A.D 1981 B E T W E E N 477098 ONTARIO INC., a company incorporated under the laws of the Province of Ontario, Hereinafter called the "Company and THE CORPORATION OF THE CITY OF NIAGARA FALLS, "works have not been completed; and Hereinafter called the "City of the FIRST PART; of the SECOND PART WHEREAS by a subdivision agreement dated June 15th, 1977 between Pegas Incorporated and the City registered in the Land Registry Office for the Registry Division of Niagara South (No 59) on the 12th day of July, 1977 as No LT -7425, as amended by agreements between the same parties dated June 21st, 1977, April 4th, 1978 and July 6th, 1978 (which subdivision agreement, as amended, is hereinafter called the "subdivision agreement the Subdivider agreed to make certain payments to the City in respect of the works described therein for the Westwood Village Extension LI Plan of Subdivision (hereinafter called the Subdivision registered in the Land Registry Office for the Land Titles Division of Niagara South (No. 59) as Plan M -61; and WHEREAS the works listed as items 1 to 4 inclusive in Schedule "8" attached to n1.1 forming part of this agreement for the subdivision (hereinafter referred to an the WHEREAS the cost of completing the works (including engineering tees) is now estimated to be $432,556 48 as shown in Schedule "B" attached hereto; and WHEREAS the unpaid balance of the cost of completing the works (including engineering fees) is now estimated to be $110,243.35 as shown in Schedule "B" attached hereto; and WHEREAS the City has made a demand upon Pegas Incorporated to pay the satd unp :'id balance, pursuant to clause f of paragraph 21 of the subdivision agreement; and WHEREAS Pegas Incorporated has not paid the said unpaid balance in response to the City's demand; and WHEREAS the Company has agreed to purchase the land described in Schedule "A" attached to and forming part of this agreement (hereinafter called the 'lands') from Heller- Natofin (Ontario) Limited, the Mortgagee in possession of the lands under certain mortgages registered in the Land Registry Office for the Land Titles Division of Niagara South (No 59) as Nos LT -6696 and LT- 127 registered on the 16th day of May, 1977, and the 28th day of August, 1978, respectively; and WHEREAS the Company has offered to pay the City the balance of the cost of completing the 1.Torks subject to the terms of this agreement NOW THEREFORE in consideration of the City proceeding with a call for tenders for part of the works and drawing the remaining $322,313 13 from the Letter of Credit of The Bank of Nova Scotia No 810'10092 dated July 7th, 1977 that was filed witn the City by Pegas Incorporated under the terms of the subdivision agreement and depositing the said sum in a special interest bearing account towards the cost of completing the works 1 The lands affected by this agreement are described in Schedule "A" attached hereto 2 The Company consents to the registration of this agreement against the lands described in Schedule "A" attached hereto 3 The parties agree that the recitals hereinbefore set out shall be included in and form part of this agreement 4 The Company agrees that it will pay to the City the entire cost of (i) constructing finished roads on all streets in the subdivision as well as on Pitton Road across the lands of Ontario Hydro Each of the said finished roads to include a roadway 28 feet in width, a levelling course of asphalt, a top or finished course of asphalt, mountable concrete curb and gutters on both sides and driveway ramps to all lots and blocks in the subdivision, all as set out in Item 1 of Schedule "B" attached hereto; and constructing concrete sidewalks 5 feet in width on both sides of all streets in the subdivision except Fairfield Court, Regent Court and Hampton Court as well as on both sides of Pitton Road across the Ontario Hydro lands and on the east side of Kalar Road as it abuts the lands in the subdivision and 10 feet in width on all pedestrian walkways in the subdivision as set out in Item 2 of Schedule "B" attached hereto, including supplying and installing a chain link fence on each side of the pedestrian walkways; and (111) providing and planting tailored type ornamental trees along the front of all lots and blocks in the subdivision, such trees approximately 50 feet apart, and to be planted under the direction of the Director of Municipal Works for the City, in locations approved by him, as set out in Item 3 of Schedule "B" attached hereto; and (iv) an engineering and inspection fee for the items described in clauses (1), (ii) and (111) of this paragraph a and in Items 1, 2 and 3 of Schedule "B" attached hereto, at 8 per cent (813) of the actual cost of the said items as set out in Item 4 of Schedule "B" attached hereto; currently estimated to be $432,556 48 less the amount now held on deposit by the City in an interest bearing account for the works now in the amount of $322,313 13 a. set out in Item 5 of Schedule "B" attached hereto 5 (a) On or before execution of this agreement, the Company shall pay to the City the sum of One Hundred and Ten Thousand Two Hundred and Forty -Three Dollars and Thirty -Five Cents ($110,243.35) being the balance of the current estimated cost of the works (such balance being the total of the current estimated cost of the works less the amount now held by the City on deposit in an interest bearing account for the works) as shown in Schedule "B" attached hereto, by filing with the City a letter of credit of a chartered Canadian bank in favour of the City in a form satisfactory to the City Manager in the amount of the said balance of the current estimated cost of the works and providing that drawings under the letter of credit shall be made on a branch of the said bank in the City of Niagara Falls No drawings shall be made on the letter of credit provided by the Company until the monies held by the City in the interest bearing account for the works are first exhausted. (b) It is understood and agreed by the parties that the estimated cost set forth for the works are estimates only made on or about the date of this agreement and the City shall have the right to revise from time to time the estimates for any or all of the works and if such revised estimates show an increase in the estimated cost of any of the works, the Company shall pay to the City the amount of such increased cost before the City commences or proceeds with the construction of such works (c) The parties agree that when all of the works have been completed and their actual cost determined, an adjustment shall be made, and the City shall repay to the Company on demand the amount (if any) by which the money received by the City from the Company exceeds the balance of the actual cost of the works (such balance being the total of the actual cost of the works less the amount now held by the City on deposit in an interest bearing account for the works) and the Company shall pay the City on demand the amount (if any) by which the balance of the actual cost of the works exceeds the amount of money received by the City from the Company CABLE T.V, INSTALLATIONS 6 (1) For the purpose of this paragraph, (a) "Licensee" means the corporation or person holding a license from the Canadian Radio Television Commission to provide cable television service in the area in which the plan of subdivision is situated; (b) Unless one or more of the following types of pedestals is or are specified, "pedestals" includes pedestals for household taps, pedestals for distribution amplifiers and pedestals for main trunk amplifiers; (c) "works" includes all cables, equipment and appurtenances other than pedestals (2) The Company for itself, its successors and assigns and successors in title of the lands and each and every lot and block on the plan of sub- division covenants and agrees with the City that it and they will consent and do hereby consent to the installation on the lots and blocks and streets on the plan of subdivision of all pedestals and works required for providing cable television service for each lot and block within the plan of subdivision in accordance with the following regulations (a) Subject to such arrangements as to location and easements as may be made between the Company and the Licensee and subject to the approval of the Director of Municipal Works being first obtained, the Licensee shall have the option of installing its pedestals either in the rear yard of lots and blocks in the plan of subdivision or on the road allowance in front of such lots or blocks; (b) Where pedestals for household tape are to be installed in rear yards, they may be installed above ground level; (c) Where pedestals for household taps are to be installed in front yards, or on the road allowance in front of lots and blocks in the plan of subdivision they must be buried underground; (d) Where a pedestal for a distribution amplifier or a pedestal for a main trunk amplifier is to be installed on the road allowance in front of a lot or block in the plan of subdivision on which a house has been built, the Licensee shall consult the owner of such lot or block and request such owner to sign a form stating that he does not object to the proposed location of such pedestal. In the event that such owner does object to the proposed location of such pedestal, the matter shall be referred to the Council of the City who shall decide the location. ZONING AMENDMENTS 7 In the event of the Company its successors and assigns or successors in title of the lands described in Schedule "A" to this agreement requesting en amendment to the restricted area (zoning) by -law applicable to the said lands or any part thereof, the Company or the then registered owner of the lands to which the requested amendment applies may be required by the City to enter into a further agreement amending this agreement prior to the City Council enacting any such amendment; but nothing hereinbefore contained shall he deemed as the approval or consent of the City to any requested amendment or as the concurrence or agreement of the City to enact any by -law to give effect to any requested amendment. GRADING AND CLEARING OF LOTS 8. (a) The Company agrees to grade all Lots described in Schedule "A" attached hereto from the street line to a point 25 feet back from the street line to grades approved by the Director of Municipal Works and to complete such grading for a distance of not less than 10 feet back from the street line before commencing the construction of any building on any such Lot (b) The Company further agrees to grade the back yards of all lots described in Schedule "A" attached hereto in such a manner that there will be no accumulation of storm water or other surface drainage in back yards If, in the opinion of the Director of Municipal Works, such grading will not prevent the accumulation of storm water or other surface drainage in any area or areas the Company shall, at its own expense, supply and install the City's standard back yard catch basins, whereever required by the Director of Municipal Works, and shall connect the same to the storm water system. If the Company shall fail to supply and install the said catch basins, pipes and appurtenances within 30 days after being requested to do so by the Director of Municipal Works, the City shall have the right to enter on the said lands with its servants, agents and contractors and carry out such work at the Company's expense and the cost thereof shall be included in the costs to be borne by the Company under this agreement (c) The Company agrees that before commencing the construction of any building on any lot described in Schedule "A" attached hereto, all trees which are not to be left growing and all tree stumps and brush on such lot shall be cleared from such lot and carried away and shall not be placed or burned on any other lands within the plan of subdivision. 3 The Company covenants and agrees with the City that it will not convey the lands described in Schedule "A" attached hereto or any part or parts thereof by way of a deed or transfer, or grant, assign or exercise a power of appointment with respect to the said land or mortgage or charge the said lands or enter into an agree ment for the sale or purchase of the said lands or enter into any agreement that has the effect of granting the use of or right in the said lands directly or by entitlement to renewal for a period of twenty -one years or more unless the Company has first filed with the City the letter of credit in accordance with paragraph 5(5) of this agreement and if the Company shall make or enter into any conveyance, mortga charge or agreement or grant, assign or exercise any power of appointment in breach of the provisions of this paragraph the sum of $110,243.35 shall become due and shall be paid in cash forthwith by the Company tothe City on demand BUILDING PERMITS 10 (1) The Company acknowledges and agrees that no building permit shall be issued for the erection of any building or structure on any lands described in Schedule "A" attached hereto until such time as (a) The City has received the letter of credit required under paragraph 5(a) of this agreement; and (b) The provisions of this agreement and By -law No 75 -33 respecting the entitlement to building permits have first been complied with (2) In addition to the foregoing provisions, no building permit shall be issued for the erection of any building or structure on any lot described in Schedule "A" attached hereto until such time as (a) the grading of such lot from the street line to a point at least 10 feet back from the street line has been completed to the satisfaction of the Director of Municipal Works; and (b) alI trees which are not to be left growing and all tree stumps and brush on such lot shall have been cleared from such lot and carried away and not placed on any other lands within the plan of subdivision. (3) Building plans submitted to the Building Department for the constructioi of houses with sunken garages shall indicate the proposed floor elevation of the sunken garage and also the elevation of the roadway adjacent to the garage. The floor elevation of the sunken garage shall be a minimum of three (3) feet above the obvert of the storm sewer in cul -de -sac areas located on the upstream end of a storm sewer system. In other areas, the floor elevation of the sunken garage shall be a minimum of five (5) feet above the obvert of the abutting storm sewer In addition, backwater valves shall be placed on the storm sewer leads APPROVAL OF WORK BY DIRECTOR OF MUNICIPAL WORKS 11 All the work required hereunder shall be done and performed, and all material required for the said work shall be supplied to the spedifications and directions and to the satisfaction of the Director of Municipal Works of the City 12. The certificates of the Director of Municipal Works as to the actual cost of any work performed or materials supplied shall be conclusive ASSUMPTION OF STREETS 13 Until the City passes a by -law assuming the streets shown on the plan, the Company, on behalf of itself, its successors and assigns including its successors in title of the lands in the said subdivision hereby releases and discharges the City from, and indemnifies the said City from and against all actions, causes of actions, suits, claims and demands whatsoever, which may arise by reason of (1) any alteration of the existing grade or level or any street or streets, on the said plan, to bring the said grade or level in conformity with the grade or level required by the Director of Municipal Works; or (2) by reason of any damage to the lands abutting on any street or streets, shown on the said plan, or to any building erected thereon arising from, or in consequenc< of any such alteration of grade or level; or (3) by reason of any damages or injuri. (including death) to persona or damage to property occurring or arising on any street or streets on the said plan, however caused. COVENANTS TO RUN WITH LAND 14 The Company and the City acknowledge and agree that it is their intent that all the terms, conditions and covenants contained in this agreement shall be covenants chat run with the /and and that the burden of such covenants shall be binding upon the Company its successors and assigns and successors in title and owners from time to time of the lands described in Schedule "A" to this agreement and any part or parts thereof and that the benefit of the said covenants shall enure to the City, its successors and successors in title of all roads, streets and public lands forming part of or abutting on the said lands described in Schedule "A" and the said covenants shall continue in force for a period of 20 years from the date of this agreement. IN WITNESS WHEREOF the parties hereto have executed this agreement SIGNED, SEALED AND DELIVERED In the presence of 477098 ONTTA INC. Per: J Per 1 l� Vice- President THE CORPORATION OF T}UE_.__.___ CITY OF NIA As PAILS 4 //1 ...-A- 7 President MAYOR OEP)nCLERK SCHEDULE "A" to an Agreement dated April 27th, 1981 between 477098 ONTARIO INC and THE CORPORATION OF THE CITY OF NIAGARA FALLS AIL AND SINGULAR those certain parcels or tracts of land and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara, and being composed of all of Lots 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 35, 36, 37, 38, 39, 40, 41, 42, 51, 52, 53, 54, 55, 56, 57, 58, 60, 61, 62, 63, 64, 65, 66, 67, 68, 77, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102; 104, 105, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 155, 156 and 165, according to a Plan registered in the Land Titles Office for the Land Titles Division of Niagara South as Plan Number M -61 ITEMS 1 Roads and Streets 2 Sidewalks THE CORPORATION OF THE CITY OF NIAGARA FALLS Finished road construction Including curbs and gutters on both sides of all streets within the subdivision and on Pitton Road across Ontario Hydro lands and also driveway ramps to street line to all lots and blocks in the sub- division. Sidewalks on the east side of Kalar Road abutting lands in the subdivision, on both sides on Pitton Road across Ontario Hydro lands and both aides of all streets within the subdivision except Fairfield Place, Regent Court and Hampton Court including cost of sidewalk and fence on all pedestrian walkways. 3. Street Trees 4 Engineering Costa Design fees for work to be constructed under item 1 to 3 inclusive TOTAL ESTIMATED COSTS OF ITEMS 1 to 4 INCLUSIVE 432,556.48 LESS 5 Amount held on deposit by the City for the costs of Items 1 4 inclusive BALANCE OF ESTIMATED COSTS TO BE PAID BY COMPANY CN EXECUTION OF AGREEMENT BY LETTER OF CREDIT SCHEDULE "B" to an Agreement Dated the 27th day of April 1981 477098 ONTARIO INC. Estimated Costs 221,259 2b 171,356.00 7,900.00 32,041.22 5 110,243.35 between and 322,313.13 El*E 7AND flTLtarAbj Application to- Re;fater'Hotfee of an Agrisoent 'Section 78 To: THE LAND REGISTRAR, LAND REGISTRY OPTICS TOR TEE LAND TITTLES, DIVISION OF MACAU sOOTE (HO. 59) Ea, PE AS INCORPORATED The evidence in support of the Application consists of An executed copy of the original agreement. DATED at Niagara Fella this 2 day of P-+^-c. being interested in the land entered in the Register f4seceioaF39- Stamford as Parcel 156 -1 of vhith w are the regiaterekainer, W1sby apply to have entered on the register for the said Parcel Notice of an Agreemnt dated the 15th day of June, 1977 mada between Peps Incorporated and 'T'a Corporation of the City of Hissers Falls and Heller- Natofin (Ontario) Limited. 1977. 1 September 8, 2008 MW- 2008 -54 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members Re MW- 2008 -54 Contract 2008 213 -08 2008 Erosion Control Portage Road (Two locations- 280m south and 300m north of Marineland Parkway) RECOMMENDATION: 1 That the unit prices submitted by Stevensville Lawn Service be accepted. 2. That the Mayor and City Clerk be authorized to execute the necessary agreement. BACKGROUND: Ni;a g a rg aIIs The Tender Opening Committee, in the presence of the City's Clerk, Mr Dean lorfida, opened tenders on Tuesday, August 12, 2008 at 1.30 p.m. for the above noted contract. Tender documents were picked up by four (4) Contractors and one (1) bid was received. Listed below is a summary of the totaled tendered prices, excluding GST, received from the Contractor 1 Stevensville Lawn Service Niagara Falls 47,379.00 The onlytenderwas received from Stevensville Lawn Service in the amount of $47,379.00 This contractor has previously performed similar type projects for the City We are of the opinion that this contractor is capable of successfully undertaking this project. Due to the possibility of continued erosion at Marineland Parkway, it is imperative that this contract be completed as soon as possible. Erosion control is defined as the method of preventing or controlling soil loss caused by water erosion. This contract will ,use water diversion by physical barrier (asphalt curb) as well as soil stabilization througIrthe use of rip -rap (granite rock) material. et PO Box 1023 sk gaia Fallsr Eanada �C2E:6X5 :905 -356 752T'www.niagarafalls.ca Working Together to Serve Our Community Community Services Department Municipal Works September 8, 2008 2 MW- 2008 -54 The engineer's estimate for this contract was 40,000 00 Project Costs: Awarded Contract (excluding GST) 47,379 00 Total 47,379.00 Funding: Paved Services Contracted Services Account 11- 3- 311000- 040000) 47,379 00 Total 47,379.00 Current available funds in the Paved Surfaces Account is $70,516 00 This project is scheduled to commence construction September 15, 2008 and all work is to carry through until October 27, 2008 Council's concurrence with the recommendation made would be appreciated. Approved by Recommended by Respectfully submitted: Geoff Viol an, Director of Municipal Works Ed Dujlovic, Executive Director of Community Services n MacDonald, Chief Admini trative Officer C. McLeod SIREPORTS12008 Reports \MW 2008 -54 Contract 2008 213 -08 2008 Erosion Control.wpd September 8, 2008 His Worship Mayor Ted Salci and Members of the Municipal Council City of Niagara Falls, Ontario Members: Niagar°aflalls ('e N -t u a Re. R- 2008 -28 2008 Arts Culture Wall of Fame Inductees R- 2008 -28 RECOMMENDATION It is recommended that Council approve the 2008 Arts Culture Wall of Fame Inductees BACKGROUND' On August 7, 2008, the Arts Culture Awards Sub Committee reviewed the Arts Culture Wall of Fame nomination forms and selected nominees for induction into the 2008 Niagara Falls Arts Culture Wall of Fame The objectives of the Arts Culture Wall of Fame are: 1 To serve as a visual memory of artistic and cultural contributions in the City of Niagara Falls; 2. To ensure that both past and present residents receive due recognition for their artistic and cultural contributions; and 3 To ensure that works -of -art are recognized for their contribution to the arts and cultural landscape of Niagara Falls. Inductees must illustrate the following to be inducted onto the Wall of Fame. a) outstanding achievement in their artistic or cultural field; b) a measurable impact on the Niagara Falls community must be illustrated municipally, provincially, nationally or internationally; c) a person must have resided in Niagara Falls for an extensive period of time, d) community sponsors must have a minimum of five (5) years of significant contributi 15 0 Mo °Niagara Falls ON Ca 'agar L2H 3N3 :905 rmw.niagarafalls.ca Working Together to Serve Our Community Community Services Department Parks, Recreation Culture September 8, 2008 R- 2008 -28 The Inductees are listed below and a brief description of their achievements is attached Community Builder: an individual who has made outstanding contributions to the community's arts and culture for an extensive period of time. Norma Potter ArtistslWorks of Art: an individual or form of art who /that has been recognized for their /its outstanding contribution or has brought significant recognition to Niagara Falls. Egidio Fantinel Ian Wallace Barbara Frum Rick Rose Community Sponsor an individual, business, or organization that has made a significant contribution, in the form of financial or services in kind, to the enhancement of arts and culture in the community Ruth Redmond The Arts Culture Committee hosts the Niagara Falls Arts and Culture Wall of Fame Induction Ceremony, annually each November Induction into the Wall of Fame is a special acknowledgement recognizing the contributions and achievements of citizens, past and present, as well as the works -of -art that reflect the best of Niagara Falls. Recommended by' Approved by 1 Denys tor of Parks, Recreation Culture Ed Dujlovic, Executive Director of Community Services Respectfully submitted 8 John MacDonald, Chief Administrative Officer Attachment S:ICouncil\Council 20081R- 2008.28 Arts Culture Wall of Fame Inductees.wpd Attachment: R- 2008 -28 Wall of Fame 2008 Nominees Norma Potter Norma Potter was born Norma Bennison in 1922 in Manchester England and moved to Canada at a very early age. She landed in Halifax Nova Scotia and soon after she moved to Niagara Falls and attended Stamford Collegiate. After her family grew up and moved out of the home Norma found time for herself and through a friend she became interested in visual arts. She started going to art classes, doing a lot of painting in water colour, acrylic, and drawing. In 1966 Norma joined the Niagara District Art Association and for 41 years she has been a very active member, held numerous executive positions including secretary, membership chariman, Art Niagara exhibition chairman, social convener, and Studio Gallery chairman. Most days you could find Norma at the Studio Gallery doing work for the Association or organizing workshop sessions with other members of the organization, working effortlessly to help artists develop their skills and inviting new members to develop and promote art and culture in Niagara Falls. In 1992 Norma was awarded the Niagara Falls Volunteer Recognition award. Norma is a very enthusiastic painter, she doesn't paint because she has to sell them, but because it turns her on, to express her feelings using her imagination to create, gathering inspiration from life and nature and subconsciously turn it into a painting, that is the greatest pleasure of her life. Norma received numerous awards and honorable mentions for her art works in Canada and the United States. In 1989 Niagara University Art Gallery at Niagara Falls New York Juried Art Exhibition of landscaping chose Norma's painting for an international touring Art Exhibition in Europe including Dortmund, West Germany, and the United States. In 1994 her dedication to promote Arts and Culture in Niagara Falls was awarded the prestigious Stamford Collegiate Alumni Association award in memory of Barbara Fnim, from the City of Niagara Falls Arts and Culture Commission. Egidio Fantinel Egidio (better known as Ed) Fantinel was born in Treviso, Italy, and educated in his native land and in Germany to qualify as an architectural /engineering technician. He emigrated to Canada in 1960 and moved to Niagara Falls in 1962 to work at H.G. Acres Consulting. He joined the Niagara District Art Association (NDAA) in 1963 and since then has been one of its most active members, serving as director for many years and as president for five years. During his 44 years in Niagara Falls Ed has been a prolific painter and his work has received wide- spread recognition, both in Canada, and around the world. In the 1960's he was active in the formation of the Niagara Artists Company and his work with this group was exhibited at Niagara College and Rodman Hall in St. Catharines, gaining him high praise in the Toronto press. He was awarded grants by the Canada Council three times, and the Province of Ontario Council of Art grant two times. Ed won many awards at Jury Show, best in show, best oil and acrylic, and best drawing. He has had a number of single artist shows with the NDAA, and Rodman Hall, and has had his work exhibited throughout Ontario, the United States, and Europe. He was selected for group exhibition at Canada House in London England, Brussels Belgium, and the Canadian Cultural Centre in Paris France, and was also selected from the Niagara University Art Gallery Western, New York Landscaping Juried Art Show for an International Touring Art Exhibition in Europe including Dortmund, West Gennany, and the United States. Ed is one of the most provocative artists in the city, painting what he feels rather than what he sees, and always challenging the viewer with his distinctive style. However, Ed's mission extends far beyond producing art for his own satisfaction. He is passionately involved in creating interesting art in a city which he feels does not fully recognize its value. As an original founding member of the Arts and Culture Commission, as a member of the NDAA, and in the press, he has worked tirelessly to promote the Arts and Culture and the need for an art gallery in Niagara Falls, which he feels is a necessity if the community is to become culturally aware, and would also add significantly to the tourism attraction of the city He has always been front and centre in the local art scene, working hard to bring it greater community recognition. Ed in 1993 received the Niagara Falls Volunteer Recognition award, and in 1998 he received the prestigious Stamford Collegiate Alumni Association Award in Memory of Barbara Frum. Ian Wallace -2- Ian Wallace was bom in Niagara Falls in 1950 and lived in Niagara Falls for sixteen years. Ian Wallace's outstanding achievements comprise a lengthy list. He is an internationally celebrated author and illustrator, It was his hometown of Niagara Falls that first recognized his artistic endeavors which ultimately inspired Ian to pursue a career in visual arts. When Ian was 8 years old, he entered a "drawing contest" sponsored by the Niagara Falls Public Library and won "book prize" in his age category In Ian's own words, "until that moment, no one had told me I had a special talent" Niagara Falls' influence features in many illustrations from Ian's beautiful picture books, Two of the most distinct and notable examples are Architect of the Moon and The Sparrow's Song. Throughout Ian's career, he has visited Niagara Falls regularly to share his literary and artistic talent with the children through school visits. Thousands of Niagara Falls children have grown up enriched by the contribution Ian Wallace has made to literature and visual arts. Ian has published twenty books and several have been honoured with awards and prizes that greatly outnumber the number of books. Several of his books have been listed in MacLean's Magazine Best Books of the Year and he has even been nominated for the Hans Christian Anderson Award, the most prestigious international award for a children's illustrator Barbara Frum Barbara Frum was born in Niagara Falls, New York on September 8, 1937 and died in Toronto on March 26, 1992. Barbara was born in New York because her mother was an American and wanted her to have an American Passport but lived in Niagara Falls, Canada. Barbara's father was a prominent businessman in Niagara Falls, Canada and ran the successful clothing store Rosberg's. Barbara was a respected and influential female journalist in Canada. She began her career writing for radio stations, then newspapers and was briefly on television early in her career but didn't become really recognized until her work in radio in the early 70's with an innovative newsmagazine show on CBC radio called As It Happens. Frum became a very skilled and respected interviewer During this time she won several awards including the National Press Club of Canada Award for Outstanding Contribution to Canadian Journalism, and Woman of the Year in the literature, arts and education category of the Canadian Press, and the Order of Canada. Although already very successful Frum's huge celebrity came with the launch and success of The Journal on CBC Television. She was a staple of the show until her untimely death due to complications of chronic leukemia. Rick Rose Rick Rose was born in Niagara Falls in 1959 and has lived in Niagara Falls all of his life. He has been active in the music business for over 25 years with songs on over 20 CD's, some charted in Canadian Radio's Top 40 He wrote the theme song for the Orion Film's "Rude Awakening" and wrote "Dreaming Out Loud" for Doc Walter, two time Juno Award Nominees. Rick is featured in three international books, Tales from the Rock and Roll Highway, Spider with the Platinum Hair, and All the Young Dudes. Rick has shared the stage with Eddie Money, Billy Ray Cyrus, Three Dog Night, and Barbara Mandrell, and has toured Japan, Europe, and Canada. He has written songs with respected songwriters such as Desmond Child, Jim Steinman, Paul A. Rothchild, Mick Ronson, Roger Clinton, and Anton Fig. He was a staff songwriter for Sony Music and Warner Tamerlane, and has recorded music for Elektra, Columbia and Attic/Polygram Records. During his travels was able to work with many talented producers Rick resists offers in New York City and Nashville, choosing instead to stay in Niagara Falls. He continues to perform locally and immensely enjoys working with local upcoming artists. He operates the Niagara Institute of Music and Arts and participates in charity events. Ruth Redmond -3- Born on August 22, 1902 in Holleford, Ontario, Ruth Redmond was a proud United Empire Loyalist descendant. She came to Niagara Falls to teach at Stamford Collegiate in 1926. Ruth lived in Niagara Falls until her death in 1999 Ruth recognized how significant a crossroads the Battle of Lundy's Lane had been in shaping our destiny and identity She believed passionately that the site should be preserved and never used for commercial purposed. She bought her first battlefield property in 1954 When the various levels of government failed to protect the battlefield lands, Ruth added five more properties over the years. She called these lands, which she lovingly transformed into gardens "Redmond Heights" Ruth won multiple Trillium Awards over the years for the beautiful gardens she created. Wanting to see the lands she had preserved from developers kept for future generations, she donated them in their entirety to the City of Niagara Falls in 1996, The Battle Ground Hotel Museum was a part of her gift. On the bright, sunny morning of Easter Monday 1999, Ruth passed away peacefully at her beloved home atop "Redmond Heights" She was 96 years old. The previous evening, a four part documentary film, War of 1812, had premiered on TV Ontario. Ruth appears in the film's epilogue, speaking wistfully of the death of remembrance for "the boys" who died at Lundy's Lane. Her passing, the next morning, struck a chord across the nation. It was noted nationally in the media, with coverage in the CBC's The National, McLean's Magazine, and the National Post. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200 to recognize an existing apartment dwelling on the property THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 Sheet D3 of Schedule "A" to By -law No. 79 -200 is amended by redesignating from R2 to R5E and numbered 838, the land on the south side of Huron Street, between Third Avenue and Fourth Avenue, being Pt Lt 38 P1313 Niagara Falls; Pt Lt 57 P1313 Niagara Falls As In R0558180; Niagara Falls and shown hatched and designated R5E and numbered 838 on the plan Schedule 1, attached and forming part of this by -law 2. Notwithstanding the provisions of Table 1 of clause (a) of section 4 19 1, clauses (d), (e) and (0 of section 4 19 1, clause (b) of section 4 19.3 and clauses (a), (b), (c), (d), (e), (g), (h), (k) and (m) of section 7 14.2 of By -law No 79 -200, no person shall use the land described in section I of this by -law and shown hatched and designated R5E and numbered 838 on the plan Schedule 1 attached hereto, or erect or use any building or structure thereon, except in compliance with the following regulations: (a) Minimum IM frontage 29 metres (b) Maximum number of dwelling units 5 (c) Minimum front yard depth 1.2 metres (d) Minimum rear yard depth 1 7 metres (e) Minimum interior side yard width (0 along and adjacent to the 2.4 metres easterly side lot line (ii) along and adjacent to the 8 metres westerly side lot line (f) Maximum lot coverage 44% (g) Maximum height of building or 7.3 metres subject to section 4 7 structure (h) Minimum number of parking spaces 3 (i} Minimum perpendicular width of a 2.3 metres parking space (j) Minimum perpendicular length of a 6 metres parking space (k) Minimum perpendicular width of a 3.6 metres manoeuvring aisle (1) Minimum landscaped open space 26% of the lot area (m) All other provisions of Zoning By -law No 79 -200 shall apply 3 Section 19 of By -law No 79 -200 is amended by adding thereto the following: 19 1.838 Notwithstanding the provisions of Table 1 of clause (a) of section 4 19 1, clauses (d), (e) and (i) of section 4 19 1, clause (b) of section 4 19.3 and clauses (a), (b), (c), (d), (e), (g), (h), (k) and (m) of section 7 14.2 of By -law No. 79 -200, no person shall use the land on the south side of Huron Street, between Third Avenue and Fourth Avenue, designated R5E and numbered 838 on Sheet 03 of Schedule "A" or erect or use any building or structure thereon, except in compliance with By -law No. 2008 Passed this eighth day of September, 2008. DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 8, 2008 September 8, 2008 September 8, 2008 -2- SCHEDULE 1 TO BY -LAW No. 2008 Subject Land c x m Applicant: Antonio Maiolo Assessment #s: 272501000906400 HURON ST 29.68 m 29.68 m 9 Amending Zoning By -law No. 79 -200 Description: Pt Lt 38 P1313 Niagara Falls; Pt Lt 57 P1313 Niagara Falls As In R0558180; Niagara Falls 1:NTS AM- 2008 -005 K: \GIS_Requests\ 2008 \S Schedules \ZonIngAM\AM- 05 \mapping.map July 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to amend By -law No. 79 -200, to introduce new definitions, regulatory provisions, and uses. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 Section 2 Definitions, of By -law No. 79 -200 is amended as follows: (a) by adding the following sections: "2.15 1 "Cottage rental dwelling" means a one family detached dwelling that is rented in its entirety to one group of travellers at a time for a period of less than 28 days at one time; 2.32.3 "Model home" means a dwelling which is not occupied for human habitation but used for the purpose of temporary display to the public and where a portion of this dwelling may be used as a sales office for the dwelling units to be constructed, 2.51 1 "Retirement home" means a residence providing accommodation primarily for persons or couples with limited physical disabilities brought on by age or other infirmity for which some degree of physical assistance is required and where each private living unit has a separate private bathroom and separate entrance from a common hall, but where common facilities for the preparation and consumption of food are provided, and common lounges, recreation rooms and medical care facilities may also be provided; 2.61 1 "Vehicle" means an automobile, truck or other automobile, a motor home, a motorcycle, a snowmobile, a boat, a personal watercraft, a recreational vehicle, and a trailer or any other device which is capable of being driven, propelled or drawn by any kind of power, but does not include a bicycle or any other device powered solely by means of human effort;" (b) by deleting section 2.29 and replacing it with the following: "2.29 "Landscaped open space" means an open area which is used for the growth and maintenance of grass, flowers, shrubbery and other landscaping and includes any surfaced walk, patio, swimming pool or similar area, but does not include any surface parking area, bus parking area, roof -top area or any open space beneath or within any building or structure;" (c) by deleting section 2.37 1 and replacing it with the following: "2.37 1 "Surface parking area" means an area or areas of land which is surfaced with concrete, asphalt, gravel or equivalent and provided and maintained for the purpose of temporary parking or storage of vehicles including any access driveway or ramp, parking spaces and aisles;" 2. Section 4 13 of By -law No. 79 -200 is amended by adding the following clause: "(g) In a R1A, RIB, RI C, RID, R1E, R2 or R3 zone, the total lot coverage of all accessory buildings and accessory structures on a lot shall not exceed 15% of the lot area or 93 square metres, whichever is lesser, and in no case shall the total lot coverage of all buildings and structures exceed the maximum lot coverage regulation of the specific zone." 3 Section 4 19 1 of By -law No. 79 -200 is amended by adding the following to Table 1 of clause (a): "Retirement home 0.6 parking space for each private living unit" 4 Section 4 19.3 of By -law No. 79 -200 is deleted and replaced with the following section. "4 19.3 PARKING IN YARDS 2 (a) Within the R1A, RIB, R1C, R1D, R1E, R2 and R3 zones, the following shall apply Maximum lot area which 30% can be used as a surface parking area (ii) Maximum width of driveway or parking area in the front yard of a lot (iii) Maximum area of a rear yard which can be used as a parking area (iv) Maximum area of an exterior side yard which can be used as a parking area 50% of the lot frontage but in no case more than 8 metres 40 square metres 67% of the yard up to a maximum of 50 square metres (v) Notwithstanding section 2.26.1 of this by -law, no person shall park or store a motor home, a snowmobile, a boat, a personal watercraft, a recreational vehicle or a trailer in the front yard, side yard or exterior yard of a lot. (b) Within the R4, RSA, R5B, R5C, R5D, R5E, and R5F zones, no person shall use any portion of the front yard of any lot for the parking or storing of any motor vehicle unless a decorative wall and landscaped strip or a landscaped berm, as hereinafter specified, is provided and maintained along all that part of every front lot line and side lot line of such lot which is a boundary between such front yard and an abutting street, except that part thereof crossed by an access ramp or sidewalk. (i) The height of such decorative wall or landscaped berm shall be 1 metre above the average level of the parking area in such front yard. (ii) (iii) Subject to subclause (iv), any such landscaped berm shall have a minimum Width of 1.5 metres measured from the abutting street line or street lines and shall be planted with shrubs, flower beds, grass or a combination thereof. (iv) Where a daylighting triangle is required pursuant to this By -law, no such decorative wall or landscaped berm shall be located within such daylighting triangle. (c) Within the I, PI, LI, GI, HI and TDI zones, no person shall use more than 33% of the area of the front yard of any lot for parking areas and driveways." 5 Section 5 of By -law No. 79 -200 is amended by adding the following section. "5 10 MODEL HOMES Model homes shall be permitted in all RI A, R1B, R1C, RID, R1E, R2 and R3 zones subject to the following provisions: (i) 3 Subject to subclause (iv), any such decorative wall shall be located 1 metre inside the abutting street line or street lines and the strip between such decorative wall and the abutting street line or street lines shall be planted with shrubs, flower beds, grass or a combination thereof. the lands on which the model homes are to be constructed have received draft plan approval under the Planning Act and all appropriate agreements have been executed, (ii) a model home shall comply with the provisions of the zone in which it is located and the regulations of this By -law such that it will comply upon registration of the plan of subdivision; and (iii) the number of model homes in any draft approved plan of subdivision shall not exceed the lesser of ten (10) dwelling units or ten percent (10%) of the total number of lots." 6. Sections 7 1.2, 7.2.2., 7.3.2, 7 4.2, 7.5.2, 7 7.2, and 7.8.2 of By -law No. 79 -200 are amended by adding the following clause to each section. "(m) Minimum landscaped open space 30° %o of the lot area" 7 Section 7.9.2 of By -law No. 79 -200 is amended by adding the following clause: "(n) Minimum privacy yard depth for each townhouse dwelling unit, as measured from the exterior rear wall of every dwelling unit" 8 Sections 7 10.2, 7 11.2, 7 12.2, 7 13.2, 7 14.2 and 7 15.2 of By -law No 79 -200 are amended by deleting clause (i) in each section and renumbering the rest of the sections accordingly 9 Section 8 1 1 of By -law No. 79 -200 is amended by adding the following clauses: "(m) Day nursery (n) Health centre" 10 Section 9 1 of By -law No 79 -200 is amended by deleting clause (1) and replacing it with the following clause: "(1) Retirement home" 11 Section 9 I of By -law No. 79 -200 is further amended by adding the following clause "(o) Day nursery" Passed this eighth day of September, 2008. DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: AB:mb S:IZONING\AMS\20081By -1 aws\Byam016.wpd September 8, 2008 September 8, 2008 September 8, 2008 4 7.5 metres COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN CITY OF G [ANAUA. N14 4kA LA«S 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. (Parking Prohibited, Stopping 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 deleting from the specified columns of Schedule C thereto the following items: PARKING PROHIBITED COLUMN 4 TIMES OR DAYS Drummond Road East A point 40m south of Althea Street to a At any time point 45m south of Culp Street Drummond Road West A point 40m south of Crawford Street to At any time McLeod Road (2) by adding to the specified columns of Schedule C thereto the following items: COLUMN COLUMN 2 COLUMN 3 COLUMN HIGHWAY SIDE BETWEEN TIMES OR DAYS Drummond Road East A point 45 metres south of Culp Street At any time and Lundy's Lane Drummond Road East A point 70 metres north of Lundy's Lane At any time and a point 40 metres south of Althea Street Drummond Road West McLeod Road and Lundy's Lane At any time Drummond Road West A point 60 metres south of North Street At any time and a point 40 metres south of Crawford Street (3) COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Drummond Road East Lundy's Lane and a point 70 metres north At any time of Lundy's Lane Drummond Road West Lundy's Lane and a point 60 metres south At any time of North Street This By -law shall come into force when the appropriate signs are installed. Passed this eighth day of September, 2008. DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: PARKING PROHIBITED by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED September 8, 2008 September 8, 2008 September 8, 2008 -2- CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish Block 46, Plan 59M -340 as a public highway, to he known as and to form part of St. Michael Avenue. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by-law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 That Block 46, Plan 59M -340, in the City of Niagara Falls in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 46, Plan 59M -340, that is hereby established as a public highway, be known as and form part of St. Michael Avenue. Passed this eighth day of September, 2008 DEAN IORFIDA, CITY CLERK R.T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 8, 2008. September 8, 2008. September 8, 2008. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish part Township Block 80, Plan 59M -370 as a public highway, to be known as and to form part of Gamer Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 That Block 80, Plan 59M -370, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Block 80, Plan 59M -370, that is hereby established as a public highway, be known as and form part of Garner Road. Passed this eighth day of September, 2008. DEAN IORFIDA, CITY CLERK R.T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 8, 2008 September 8, 2008. September 8, 2008. A by -law to authorize the execution of a Condominium Conversion Agreement with 6390 Huggins Apartments Inc., with respect to the lands described as Parcel 61 -3 Section 59- Stamford, Part Township Lot 61 Stamford being Parts 1, 2, 3 on Reference Plan 59R -9980 except Parts 5 6 on Reference Plan 59R 13568, s/t Part 2 on 59R -9980 as in LT120621, t/w Part 2 on 59R -9979 as in LT120620; t/w easement over Parts 18, 20 21 on 59R -13568 as in SN216225, t/w easement over Parts 20, 26, 28 29 on 59R -13568 as in SN216225, s/t easement over Parts 11, 12, 16 17 on 59R -13568 for the benefit of Part Township Lot 61 being Parts 5 6 on 59R -13568 Parts 1 2 on 59R -9979 except Parts 22, 23 24 on 59R -13568 as in SN216224, s/t easement over Pts 8, 9 11 on 59R -13568 for the benefit of Part Township Lot 61 being Parts 5 6 on 59R -13568 Parts 1 2 on 59R -9979 except Parts 22, 23 24 on 59R -13568 as in SN216224, s/t easement over Parts 3 15 on 59R -13568 for the benefit of Part Township Lot 61 being Parts 5 6 on 59R -13568 Parts 1 2 on 59R -9979 except Parts 22, 23 24 on 59R -13568 as in SN216224 Parcel 61 -2 Section 59- Stamford, Part Township Lot 61 Stamford being Parts 22 23 on 59R- 13568, t/w easement over Parts 18, 20 21 on 59R -13568 as in SN216225 t/w easement over Parts 20, 26, 28 29 on 59R -13568 as in SN216225 Parcel 61 -2 Section -59 Stamford, Part Township Lot 61 Stamford, being Part 24 on 59R 13568, t/w easement over Parts 18, 20 21 on 59R -13568 as in SM16225, t/w easement over Parts 20, 26, 28 29 on 59R -13568 as in SN216225, all in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 A Condominium Conversion Agreement dated the 7"' day of August, 2008, between 6390 Huggins Apartments Inc. and The Corporation of the City of Niagara Falls with respect to the lands described above, subject to the terms and conditions as set out in the Condominium Conversion Agreement, attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Condominium Conversion Agreement, and such other agreements and documents which the City Solicitor deems necessary or desirable to carry out the intent of this by -law 3 The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the Condominium Conversion Agreement. Passed this eighth day of September, 2008. DEAN IORFIDA, CITY CLERK R.T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 8, 2008. September 8, 2008. September 8, 2008. CITY OF NIAGARA FALLS By -law No. 2008 THIS AGREEMENT made this 7 day of August, 2008. BETWEEN enter into this Agreement; 6390 HUGGINS APARTMENTS INC. Hereinafter called the "Owner -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter called the "City" Schedule page 2 of the FIRST PART of the SECOND PART WHEREAS the Owner received draft plan approval effective January 3, 1996 from The Corporation of the City of Niagara Falls under section 51 of the Planning Aer, X.S.0 1990, c. P 13 and under the Condominium Ara, 1990, 1?. S. O 1990 r. 26 with respect to the lands described in Schedule "A"; AND WHEREAS in accordance with the conditions imposed by the City, the Owner is required tc NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the City recommending the final apprw of the said plan and the mutual covenants and other good and valuable consideration, the Owner and the City hereby covenant and agree with each other as follows: LANDS AFFECTED 1 The lands affected are all those described in Schedule "A" attached hereto (herein referred to as "the subject lands T AXES Schedule page 3 The Owner shall pay to the Treasurer of the l iry on or before the execution o'fthis agreement by the City all an-ears of taxes (if any) including local improvement rates owing in respect of the lands and the buildings situate thereon. CONDOMINIUM CONVERSION 3 The development contains 6(1 apartment writs to be converted from rental tenure to condominium ownership and is subject to the provisions of the Residential Tenancies Oct (2000). DEVELOPMENT CHARGES 4 The Owner has paid to the City all required fees and deposits associated with the development of the lands. PARKLAND DEDICATION 5 Alt requirements for parkland dedication have been satisfied through the Owner's payment of $^,450.00 representing cash -in -lieu of the 5 °/u parkland dedication for the raw value of the subject lands. SITE DEVELOPMENT 6. The property was originally developed under a Site Plan Agreement registered an title that has since expired and was released by the City in August, 2002. The Owner has recently undertaken various building renovations and site works. These include the construction of board -on -board fencing along the east and south boundary of the site as well as parking lot and driveway improvements. Reciprocal access easements were granted by the City s Committee of Adjustment between the subject land and abutting property to the west t 6400 Huggins Street) for which final certification was issued on July 25, 2008. ZONING BY -LAW Schedule page 4 7 The ,subject land is zoned Residential Apartment SC Density (RSC) through Zoning By -law No 79 -200 Variances to zoning regulations for parking and landscaping Were granted by the City's Committee of Adjustment in August, 200 The Ironer will comply with all provisions of the zoning by -law TERMS AND CONDITIONS 8. The Owner and the City acknowledge and agree that it is their intent that all the terms and conditions contained in this Agreement shall be bind upon the Owner, its successors, assigns and successors in title and owners from time to time of the lands described in Schedule "A" to this agreement and any part of parts thereof and enure to the City its successors and successors in title of all roads, streets and public lands forming part of or abutting on the said Lands described in Schedule "A" Schedule page IN WITNESS WHEREOF the Owner and the Ci ly have hereunto affixed their corporate seals duly attested by the hands of their proper signing Officers and die said signing Off cers certify that they have authority to hind them respective Corporations. 6390 II GINS APARTMENTS INC. Title: Vice ('resident THE CORPORATION OF THE CITY OF NIAGARA FALLS Name: R.T (Ted) Salei Title: Mayor 1 Name: Dean lorfida Title: City Clerk ame: Mutilal Charnpsee SCHEDULE "A" All in the City of Niagara Falls, in the Regional Municipality of Niagara. Schedule page 6 to an Agreement dated the 9 day of August, 2008 between 6390 HUGGINS APARTMENTS INC.. of the First Part and THE CORPORATION OF THE CITY OF NIAGARA FALLS, of the Second Part Firstly: Parcel 61 -3 Section 59- Stamford, Part 7 ouorship Lot 61 Stamford being Pats 1 2, 3 on Reference Plan 59R -9 except Parts 5 6 on Reference Plan 59R 13568, s/t Part 2 on 59R- 998U as in LT120621, t/w Part 2 on 59R -99 as in LT] 211620; t/w easement over Pats 18, 20 21 on 59R -13568 as in SN216225 t/w easement over Parts 2U, 26, 28 29 (m 59R -13568 as in SN216225 sit easement over Parts 11 12, 16 1' on 59R 3568 for the benefit of Part Township Lot 61 being Parts 5 6 on 59R 13568 Pats 1 2 on 59R -99 except Parts 22, 23 24 on 59R 13568 as in SN216224 s/t easement over Pts 8, 9 11 on 59R-1 3568 for the benefit of Part Township Lot 61 being Parts 5 6 on 59R -13568 Parts 1 2 on 59R -9979 except Parts 22, 23 24 on 59R -13568 as in 819216224, s/t easement over Parts 3 15 on 59R -13568 for the benefit of Part Township Lot 61 being Parts 5 6 on 59R -13568 Parts 1 2 on 59R -99 except Paris 22, 23 24 on 59R -13568 as in SN21o224. Being all of PIN 642 -0530. Secondly: Parcel 61 -2 Section 59-Stamford, Part Township Lot 61 Stamford being Parts 22 23 on 59R 13568, t/w easement over Parts 18, 20 21 on 59R 13568 as in SN216225 t/w easement over Parts 20, 26, 28 29 on 59R -13568 as in SN216225. Being all of PIN 642 -0531 Thirdly: Parcel 61 -2 Section -59 Stamford, Part Township Lot 61 Stamford, being Pau 24 tar 59R 13568, t/w easement over Pats 18, 20 21 on 59R 13568 as in SM16225 t/w easement uver Parts 20, 2E, 28 29 on 59R -13568 as in SN216225 Being all of PIN 64279 -U532. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish Parts 8 and 9 on Reference Plan 59R -13509 as a public highway, to be known as and to form part of Garner Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 That part of Lot 2, Plan 59M -335 designated as Part 8 on Reference Plan 59R- 13509, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That part Township Lot 169 Stamford designated as Part 9 on Reference Plan 59R- 13509, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 3 That said part of Lot 2, Plan 59M -335 designated as Part 8 on Reference Plan 59R- 13509, that is hereby established as a public highway be known as and form part of Garner Road. 4 That said part Township Lot 169 Stamford designated as Part 9 on Reference Plan 59R- 13509 that is hereby established as a public highway, be known as and form part of Gamer Road. Passed this eighth day of September, 2008. DEAN IORFIDA, CITY CLERK R.T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 8, 2008. September 8, 2008. September 8, 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish Part 10 on Reference Plan 59R -13509 as a public highway, to be known as and to form part of McGarry Drive. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 That part Township Lot 169 Stamford designated as Part 10 on Reference Plan 59R 13509, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said part Township Lot 169 Stamford designated as Part 10 on Reference Plan 59R- 13509 that is hereby established as a public highway, be known as and form part of McGarry Drive. Passed this eighth day of September, 2008. DEAN IORFIDA, CITY CLERK R.T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 8, 2008. September 8, 2008. September 8, 2008. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish Part 1 on Reference Plan 59R -13060 as a public highway to be known as and to form part of Dorchester Road. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS. 1 That part Township Lot 107 Stamford designated as Part 1 on Reference Plan 59R- 13060, in the City of Niagara Falls, in the Regional Municipality of Niagara, be estahlished for public highway purposes. 2. That said part Township Lot 107 Stamford designated as Part 1 on Reference Plan 59R- 13060 that is hereby established as a public highway, be known as and form part of Dorchester Road. Passed this eighth day of September, 2008. DEAN IORFIDA, CITY CLERK R.T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 8, 2008. September 8, 2008 September 8, 2008 CITY OF NIAGARA FALLS By -law No. 2008 A by -law to establish Part of Range 18, Plan 1, Stamford, designated as Part 1 on Reference Plan 59R -13755 as a public highway, to be known as and to form part of Murray Street. WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass a by -law to establish a highway THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS. 1 That Part of Range 18, Plan 1, Stamford, designated as Part 1 on Reference Plan 59R- 13755, in the City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway purposes. 2. That said Part of Range 18, Plan 1, Stamford, designated as Part 1 on Reference Plan 59R- 13755, that is hereby established as a public highway, he known as and form part of Murray Street. Passed this eighth day of September, 2008. DEAN IORFID A, CITY CLERK R.T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 8, 2008 September 8, 2008 September 8, 2008 CITI OF NIAGARA FALLS By -law No. 2008 A by -law to declare Lot 217, Plan 997 in the City of Niagara Falls, in the Regional Municipality of Niagara, surplus WHEREAS subsection 268(3)(a) of the MunicipalAct, 2001, provides that prior to selling any land, every municipality and local board shall by by -law or resolution declare the land to be surplus; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law; THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: Lot 217, Plan 997, in the City of Niagara Falls, in the Regional Municipality of Niagara, is hereby declared surplus Passed this eighth day of September, 2008 DEAN IORFIDA, CITY CLERK R.T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 8, 2008. September 8, 2008. September 8, 2008. CITY OF NIAGARA FALLS By -law No. 2008 A by -law to authorize Application General(s) to amend the register to release four Agreements registered as Instrument Numbers LT7425 LT10949, LT12185 and LT21657 WHEREAS the Agreements registered in 1977, 1978, and 1981 as Instrument Numbers LT7425 LT10949 LT12185 and LT21657 are no longer required; AND WHEREAS the Council of The Corporation of the City of Niagara Falls now deems it expedient to pass this by -law THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 The Application General(s) to amend the register to release the Agreements registered as Instrument Numbers LT7425 LT10949, LT12185 and LT21657, are hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute all documents that may be required for the purpose of carrying out the intent of this by -law and the Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this eighth day of September, 2008. DEAN IORFIDA, CITY CLERK R.T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 8, 2008. September 8, 2008. September 8, 2008 REGISTRATIOf FEE LAND TRANSFER TAX RETAIL SALES TAX LT7425 No. Received at the Land Registry Office, Land Titles Division for Niagara South (No. 59) at...w2.:.(..4.....P (PIT and entered in Section 5..94.rfr Welland, Oat as raw =us Act TAXI. S1RAR rlc e FICISrek Harold lt, Tom; City Schj f MASS a F alj b.: tbtarip P A.U., 1977 DATED June 15th, 1977 PEGAS INCORPORATED ET AL and THE CORPORATION OF THE CITY OF NIAGARA FALLS SUBDIVISION AGREEMENT Harold R. Young, City Solicitor, City Hall, Niagara Falls, Ontario lgit_LggansiOn Application to Register Notice of an Agreement Section 78 To: THE LAND REGISTRAR, LAND REGISTRY OFFICE FOR TUE LAND TITLES, DIVISION C8 NIAGARA SCUM (NO. 59) We, PEGA,S INCORPORATED being interested in the land entered in the Register for Section 59- Stamford as Parcel 155 -1 of which we are the registered owner, hereby apply to have entered on the register for the said Parcel Notice of an Agreement dated the 15th day of Jong, 1977 made between ?egos Incorporated and The Corporation of the City of Niagara Fella and Heller- Natofin (Ontario) Limited. The evidence iu support of the Application consists of: An executed copy of the original agreement. DATED at Niagara Falls this of 1977. PEGAS INCORPORATED Part 2--1 THIS AGREEMENT dated the 15th da- of June 1977 B E T W E E N PEGAS INCORPORATED, a corporation incorporated under the laws of the Province of Ontario, Hereinafter called the "Subdivider" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" and IIELLER-NATOFIN (ONTARIO) LIMITED Hereinafter called the "Mortgagee" at the FIRST PART, of the SECOND PART, of the THIRD PART WHEREAS the Subdivider has applied to the Minister under the provisions of The Planning Act for approval of a plan of subdivision of the lands described in Schedule "A" attached hereto; and WHEREAS in accordance with the conditions imposed by the Minister pursuant to section 33 of The Planning Act, the City requires the Subdivider to enter into this agreement; and WHEREAS the Mortgagee is the registered owner of a charge against the said lands registered on the 16th day of May 1977 as No LT -6696 NOW THEREFORE this agreement witnesseth that in consideration of the City recommending approval of the said plan of subdivision to the Minister and the acceptance by the City, after compliance with all the requirements hereinafter set forth, of the roads and streets laid out as public highways on the said plan of subdivision and the mutual covenants and agreements to be observed and performed by each of the parties hereto, the Subdivider and the City hereby covenant and agree each with the other as follows LANDS AFFECTED 1 The lands affected by this agreement are all those lands described in Schedule "A" attached hereto (hereinafter referred to as "the lands TAXES 2 The Subdivider shall pay to the Treasurer of the City on or before the execution of this agreement by the City, all arrears of taxes (if any) and current taxes including local improvement rates to December 31st 1977 owing in respect of the lands and the buildings situate thereon. SEWERNAINS 3 (a) Subject to clause Ie) the Subdivider shall pay to the City the entire cost of construction of (i) 12 -inch to 48 -inch diameter storm sewermains as set out in Item la of Schedule "B" attached hereto, (ii) 10 -inch to 27 -inch diameter sanitary sewermains as set out in Item Id of Schedule "B" attached hereto, and in such other locations as are required to provide proper service and connections The cost of the said sewermains shall include all catch basins and other connections to street sewers and all tittings, appurtenances connections to existing sewermains and all other associated works and the cost of television inspection of completed sewermains when such inspection is required by the Director of Municipal Works (b) Subject to clause (f), the Subdivider shall pay to the City the whole of the cost of constructing a storm drainage channel Including culverts as set out in Item 1b of Schedule "B" attached heretn (c) The Subdivider shall pay to the City the sum of $25,330 00 as set out in Item lc of Schedule "B" towards the cost of constructing a storm sewer main on Kalar Road abutting lands in the subdivision. (d) The Subdivider shall pay to the City the sum of $21 920 as set out in Item le of Schedule "B" towards the cost of constructing a sanitary sewer main on Kalar Road abutting the lands in the subdivision. (e) The City shall contribute a sum equal to 25 33% of the actual cost as determined by the Directnr of Municipal Works of supplying and installing a 15 inch and 18 -inch diameter sanitary sewermain having a length of approxi- mately 3850 lineal feet from the existing pumping station at Lyndhurst Drive and Pitton Road to McLeod Road and the said contribution shall be paid out of the City's Expansion and Renewal Fund in accordance with progress certificates issued for the said sanitary sewermain. The present total estimated cost cf the said sanitary sewermain is $72,840 and the City's contribution towards the cost has been estimated at $18,450 as set out in Schedule "R" If the actual cost of the said sanitary sewermain, as determined by the Director of Municipal Works,varies from the said estimated cost of $72,840, an adjustment shall be made and the Subdivider shall assume and pay 79 67% of the actual cost and the City shall assume and pay 25 337, of the actual cost (f) The sum of $109,720 paid under other subdivision agreements, as set out in Item 17a of Schedule "R shall be deducted from the cost of constructing the said storm drainage channel referred to in clause b of this paragraph and in Item lb of Schedule "8" attached hereto, which said cost including $10,771 for the applicable estimated engineering fees of 87, of construction cost provided for in paragraph 12 is estimated to be $145,411, leaving the estimated balance of the cost of the said channel at $35,691 The City shall contribute a sum equal to 25 20Z of the actual balance of the said cost as determined by the Director of Municipal Works and the said contribution shall be paid out of the City's Expansion and Renewal Fund in accordance with progress certificates issued for the said channel The present estimated balance of the cost of the said channel is the aforementioned sum of $35 691 and the City's contribution towards the said balance of the cost has been estimated at $8,994 as set out in Item 17b of Schedule "B" If the actual balance of the cost of the said channel, as determined by the Director of Municipal Works, varies from the said estimated balance of $35 691, an adjust- ment shall be made and the Subdivider shall assume and pay 74 80% of the actual balance of the said cost and the City shall assume and pay 25 20% of the actual balance of the said cost WATERMA INS 4 (a) Subject to clause b, the Subdivider shall pay to the City the entire cost of constructing 6 -inch and 8 -inch diameter watermains as set out in Item 2 of Schedule "8" attached hereto and in such other locations as are required to provide proper service and connections and there shall be a minimum cover of tive (5) feet for all watermains The cost of the said watermains shall include all valves, hydrants fittings, appurtenances, connections to existing watermains and all other associated works (b) The City shall contribute a sum equal to 50% of the actual cost as determined by the Director of Municipal Works of supplying and installing as 8 inch diameter watermain on Kalar Road abutting the lands in the sub- division and the said contribution shall be paid out of the City's Expansion and Renewal fund in accordance with progress certificates issued for the said watermain The present total estimated cost of the said watermain is $28,720 00 and the City's contribution towards the cost has been estimated at $14 360 00 as set out in Schedule "0" If the actual cost of the said watermain, as determined by the Director of Municipal Works, varies from the said estimated coat of S28,720 00, an adjustment shall be made and the Subdivider shall assume and pay 505 of the actual cost and the City shall assume and pay 50% of the actual cost ROADS 5 (a) The Subdivider shall pay to the City the whole of the coat of construction of all roads described in Items 3a and 3b of Schedule "B" attached hereto including the construction of asphalt pavements having a minimum width (including curbs and gutters) of 28 feet and having a consoli- dated stone base with a minimum depth of 12 inches and a hot mixed asphalt surface with a minimum depth of 3 inches and the construction of concrete curbs and gutters and the construction of driveway ramps, all as set out in said Items 3a and 30 (b) The Subdivider shall pay to the City the sum of $24,600 00 as set out is Item 3c of Schedule "B" towards the cost of constructing and paving a road including curb and gutter on Kalar Road abutting lands in the sub- division. (c) It shall be the responsibility of the Subdivider to notify the purchasers of lots within the plan of subdivision that no curbs and gutters shall be constructed until the expiration of at least one year following the installation of all sewermains and watermains and until construction of buildings has been commenced on not Less than 50 percent of all the lots within the said plan of subdivision or such lesser part thereof as the Director of Municipal Works, in his discretion, shall approve. (d) The Subdivider shall, within 30 days of written request made to it by the City file with the Director of Municipal Works a plot plan indicating the location of all future driveway ramps for the remaining lots on the said plan If after a driveway ramp has been constructed for any lot on the said plan the Subdivider or its successor in title of such lot requests a new ramp in a different location, the entire cost of constructing such new ramp and of constructing, altering or replacing the curb gutter and sidewalk at such new location together with the entire cost of reconstructing the curb, gutter and sidewalk at the location cf the original driveway ramp shall be borne by the Subdivider or if such lot has been sold, by the then registered owner of such lot kel The Subdivider agrees that befnre the City shall commence any construction of roads, sanitary sewermains, storm sewermains, watermains, sewer laterals and water service laterals the Subdivider shall remove all trees designated by the Director of Municipal Works and all stumps and brush from the full width and length of each street allowance shown on the plan of sub- division and from the full width and length of such other streets and easements on which any of the said works are to be constructed and from all lots within the plan of subdivision between the street line and a point 10 feet back from the street line and shall supply and spread all necessary fill, make all necessary cuts and grade the full width and length of each said street allowance and easement and each said lot between the street line and a point 10 feet back from the street line to grades approved by the Director of Municipal Works, all of which shall be to the satisfaction of the said Director and the Sub- divider further agrees that the City shall not undertake any road construction until, in addition to the aforesaid, all sewers, watermains, catch basins, sewer laterals and water laterals have been installed and the trenches therefor have had sufficient time to settle or have been properly compacted and the grade fill and spread above such trenches have settled or have been properly compacted If) Until the said roads and streets have been constructed and a by -law has been passed by the City assuming them as public highways, it shall be the responsibility of the Subdivider to keep the said roads and streets in a passable condition and to take all necessary precautions to avoid dust and other nuisances ig) It is understood and agreed that the construction of the top course asphalt for roads and the construction of curbs and gutters shall not be under- taken by the City until the expiration of at least one year following the completion of the installation of all sewermains and watermains and until construction of buildings has been commenced on not less than 50 per cent of all the lots within the said plan of subdivision or such lesser part thereof as the Director of Municipal Works, in his discretion, shall approve APPROVAL OF MINISTRY OF THE ENVIRONMENT ETC. f5 (a) It is understood and agreed that the City shall. not be under any obligation to undertake any work under this agreement until such time as the approval of the Ministry of the Environment and all other approvals required by law have first been obtained (b) It is further understood and agreed that the sizes, specifications and locations of the proposed works on which the estimated costs set out in Schedule "B" attached hereto have been based are subject to review by the approving authorities and that the City shall be required to make such changes in the sizes, specifications and locations of the works and in the estimated costs as may he required to give effect to changes required by the approving authorities LATERALS 7 (al The Subdivider shall pay to the City the entire cost of constructing sanitary sewer laterals from the sanitary sewermain to the street line of each lot within the plan ui subdivision,all of which shall be constructed concurrently with the laying of the sanitary sewermain No downspouts from eavestroughs shall be connected to any sanitary sewermain, either directly or indirectly, and no root water shall be discharged into sanitary sewers by any means whatsoever (b) The Subdivider shall pay to the City the entire cost of constructing water service laterals, fittings, valves and appurtenances from the watermains to the street line of each lot within the plan of subdivision, all of which shall be constructed concurrently with the laying of the watermains (c) The Subdivider shall pay to the City the entire cost of constructing storm sewer laterals from the storm sewermains to the street line of each lot on which it is proposed to erect a house with a sunken garage. In order that 7 the storm sewer system may be designed to accommodate houses with sunken garages, it shall be the responsibility of the Subdivider to notify the City, prior to the tender call for underground services by the City, of the lots on which it is proposed to erect hnuses with sunken garages The Subdi rider shall pay the whole of the cost of providing and installing backwater valves which shall be placed on the storm sewer leads to all sunken garages lSee also paragraph 24 (3) re building permits fur houses with sunken garages) SIDEWALKS 8 The Subdivider shall pay to the City the entire cost of conatructing concrete sidewalks 5 feet in width on the streets and pedestrian walkways set out in Item v of Schedule "8" attached hereto including supplying and instal- ling a chain link fence on each side of the pedestrian walkways It shall he the responsibility of the Subdivider to notify the purchasers of lots within the plan of subdivision that no sidewalks shall be built until at least 80 per cent of all the lots within the said plan of subdivision or such lesser part thereof as the Director of Municipal Works, in his discretion shall approve have been built upon and that the Gity's standard location for sidewalks is 4 feet from the outer limit of the road allowance and that curb -faced sidewalks will not be constructed STREET SIGNS AND STANDARDS 9 The Subdivider shall pay the entire cost of providing and installing street signs and standards to be erected at the intersection or junctions of all roads shown on the plan of subdivision ORNAMENTAL TREES 10 The Subdivider shall pay the entire cost of providing and planting tailored type ornamental trees along the front of the lots and blocks within the plan of subdivision, such trees to be approximately fifty (50) feet apart, and to be planted under the directions of the Director of Municipal Works, in locations to be approved by him, STREET LIGIITING 11 (a) The Subdivider shall pay the full cost of providing and installing mercury vapour street lighting, brackets and fixtures upon the streets described in Item 7b of Schedule "B" attached hereto including concrete poles and underground wiring from the poles to the main secondary bus 8 (b) The Subdivider shall pay to the City the sum of $3,440 as set out in Item 7b of Schedule "B" attached hereto towards the cost of street lighting on Kalar Road abutting lands in the subdivision FENCING DRAINAGE CHANNEL 11A The Subdivider shall pay the whole of the cost of supplying and installing a chain link fence 6 feet in height along the westerly side of the storm drainage channel abutting lands in the subdivisiun ENGINEERING AND INSPECTION 12 The Subdivider shall pay to the City a fee for engineering and inspection for roads and streets, sewermains, watermains, sidewalks, curbs and gutters and laying out underground works at the rate of 87. of the actual cost of construction of the said works The estimated amount o1 the fee for engineer- ing and inspection is set out in Item 9 of Schedule "B" to this agreement and the credits applicable thereto are set out in Items 16 and 18 of the said Schedule "8" EXPANSION AND RENEWAL FUND 13 (a) The Subdivider shall pay to the City the sum of $186,980 00 as set out in Item 10 of Schedule "B" for the purpose of expanding and renewing water end sewer services, providing storm sewers, ditches and outlets and developing parks and recreational facilities The aforementioned sum includes a prelimi- nary impost charge in the amount of $2,000 00 per acre for any blocks on the plan of subdivision which are zoned for multi family dwellings; 0) In addition to the payment required under subparagraph a, the Subdivider shall pay to the City prior to the issuance of any building permit for a building containing dwelling units in any block zoned for multi- family dwellings, an amount equal to the difference between the preliminary impost charge referred to in subparagraph (a) of this paragraph and the total impost charge per dwelling unit charge for multi family dwellings in the City's "Declaration of Policy for Development of Subdivisions" as adopted and revised by the Council of the City and which is in effect at the time of application for any such building permit (c) For the purpose of this paragraph 13, "multi family dwelling" means any dwelling containing three or more dwelling units SPECIAL LEVY FOR SANITARY TRUNK SEWER OUTLET 14. The Subdivider shall pay to the City the sum of $6,520.00 as set out in Item 11 of Schedule "B" attached hereto as a contribution towards the cost of providing an outlet sanitary trunk sewer which will serve lands within the subdivision in addition to other lands. GRANT FOR PARK PURPOSES ETC. 15. (a) The Subdivider shall convey to the City without cost by a good and sufficient deed in fee simple free from all encumbrances pursuant to the provisions of clause (a) of subsection 5 of section 33 of The Planning Act a parcel of land having an area of 2.134 acres and being part of Township Lot 170 of the former Township of Stamford for park purposes and the deed of the said land shall be executed by the Subdivider and delivered to the City Clerk prior to the City giving its letter of clearance to the Ministry of Rousing. As the area of the said land proposed to be conveyed is .475 acre less than the area of the land required to be conveyed by the Subdivider to the City for park purposes in accordance with the provisions of the said clause (a) of subsection 5 of section 33 of The Planning Act, R.S.O. 1970, the Subdivider shall pay to the City the sum of $17,790.00 as set out in Item 12 of Schedule "B" attached hereto in lieu of the conveyance of such .475 acre of ].and. (b) The Subdivider shall convey to the City without cost by a good and sufficient transfer in fee simple free from all encumbrances all one foot reserve lots or blocks shown on the subdivision plan, the said transfer to be executed by the Subdivider and delivered to the City Clerk prior to the City giving its letter of clearance to the Ministry of Housing. (c) The Subdivider agrees to provide the City without cost and free of or in priority to all encumbrances such permanent easements both within and outside the subdivision as may be required by the City, the said grants or transfers of such easements to be in a form approved by the solicitor of the City and to be executed by the Subdivider and other person or persons granting or transferring such easements and any mortgagees of the land affected thereby and delivered to the City Clerk prior to the City giving its letter of clearance to the Ministry of Housing. HYDRO EASEMENTS 16. The Subdivider agrees that prior to conveying or mortgaging any part of the said lands it will grant to The Hydro Electric Commission of the City of Niagara Falls such easements as may be required by that Commission for the provision of all electrical services including street lighting for the said subdivision. The Subdivider agrees that all wires, cables and conduits to be provided by the said Commission shall be underground. ADDITIONAL LANDS 16A. The Subdivider shall pay to the City the whole of the cost of acquiring from Ontario Hydro a strip of land having a frontage of approximately 200 feet on Kalar Road and a perpendicular depth of 22 feet for the widening of that section of Kalar Road between the north limit of the subdivision and the south limit of Registered Plan NS42, The estimated cost of acquiring the said strip of land is the sum of $2,000.00 as set out in Item 13 of Schedule "B" attached hereto. 16B. The Subdivider shall convey to the City without cost by a good and sufficient deed in fee simple free from all encumbrances that part of Township Lot No. 156 of the former Township of Stamford designated as Part 1 on a reference plan deposited in the Land Registry Office for the Registry Division of Niagara South as Reference Plan 59R -945 which shall be established by the City as part of Pitton Road. 16C. The Subdivider and the City acknowledge and agree that: (1) the references in Items Id, 2,, 3a, 3b and 4 of Schedule "B" attached hereto to "Pitton Road across Ontario Hydro lands" shall mean and include not only the land referred to in paragraph 16B but also that part of Block 5 Registered Plan N.S.42 which shall be established by the City as part of Pitton Road; and (2) the reference in Item 2 of Schedule "B" attached hereto to Kalar Road" include the land referred to in paragraph 16A. 16D. The Subdivider shall convey to the City without cost by a goad and sufficient transfer in fee simple free from all encumbrances the block on the subdivision plan being that part of Township Lot 156 of the former Township of Stamford designated as Part 4 on a reference plan deposited in the Land Registry Office for the Registry Division of Niagara South as Reference Plan 59R -1412 and that part of Township Lot 163 of the former Township of Stamford designated as Part 5 on the said Reference Plan 59R -1412 and the said transfer together with the transfer of the land referred to in paragraph 168 shall be executed by the Subdivider and delivered to the City Clerk prior to the City giving its letter of clearance to the Ministry of Housing SEMI- DETACHED DWELLING HOUSES 168 The Subdivider, for itself, its successors and assigns and successors fn title of the lands covenants and agrees with the City as follows (1) That no semi detached dwelling house other than a "back split" semi- detached dwelling house shall be erected on any of the lots on the proposed subdivision plan designated by the letters "BS" on Schedule "C" attached hereto; and (2) That no semi detached dwelling house other than a "two- storey" semi- detached dwelling house shall be erected on any of the lots on the proposed subdivision plan designated by the number "2" on Schedule "C" attached hereto; and (3) That no semi detached dwelling house other than a "bungalow" semi- detached dwelling house shall be erected un any of the lots on the proposed subdivision plan designated by the letter "B" on Schedule "C" attached hereto; and 14) That no semi detached dwelling house shall be erected on any lut designated for a "back split" or "two- storey" or "bungalow" semi- detached dwelling on the said plan Schedule "C" attached hereto and bearing the figure "20" (indicating a minimum set -back of 20 feet), closer to the front lot line than 20 feet or at a greater distance from the front lot line than 22 feet; and (5; That no semi detached dwelling house shall be erected on any lot designated for a "back split" or "two- storey" or "bungalow" semi- detached dwelling on the said plan Schedule "C" attached hereto and bearing the figure "30" (indicating a minimum set -back of 30 feet) closer to the front lot line than 29 feet or at a greater distance from the front lot line than 31 feet; and (6i The Subdivider shall not apply for a building permit and no building permit shall be issued for a dwelling house on any lot designated "B5" or "2" or "8" on Schedule "C" attached hereto if the proposed dwelling house does not comply with all of the requirements of this paragraph 168 1 CABLE T.V. INSrALLAT IONS 16F (1) For the purpose of this paragraph, (a) "Licensee" means the corporation or person holding a license from the Canadian Radio Television Commission to provide cable television service in the area in which the plan of subdivision is situated; (b) Unless one or more of the following types of pedestals is or are specified, "pedestals" includes pedestals for household taps pedestals for distribution amplifiers and pedestals for main trunk amplifiers; (c) "works" includes all cables, equipment and appurtenances other than pedestals (2) The Subdivider for itself, its successors and assigns and successors in title of the lands and each and every lot and block on the plan of sub- division covenants and agrees with the City that it and they will consent and do hereby consent to the installation on the lots and blocks and streets on the plan of subdivision of all pedestals and works required for providing cable television service for each lot and block within the plan of subdivision in accordance with the following regulations (a) Subject to such arrangements as to location and easements as may be made between the Subdivider and the Licensee and subject to the approval of the Director of Municipal Works being first obtained, the Licensee shall have the option of installing its pedestals either in the rear yard of lots and blocks in the plan of subdivision or on the road allowance in front of such lots or blocks; (b) Where pedestals for household taps are to be installed in rear yards they may be installed above ground level; (c) Where pedestals for household taps are to be installed in front yards, or on the road allowance in front of lots and blocks in the plan of subdivision they must be buried underground; (d) Where a pedestal for a distribution amplifier or a pedestal for a main trunk amplifier is to be installed on the road allowance in front of a lot or block in the plan of subdivision on which a house has been built, the Licensee shall consult the owner of such lot or block and request such owner to sign a form stating that he does not 13 object to the proposed location of such pedestal In the event that such owner does object to the proposed location of such pedestal, the matter shall be referred to the council of the City who shall decide the location. ZONING AMENDMENTS 16G In the event of the Subdivider, its successors and assigns or successors in title of the lands described in Schedule "A" to this agreement requesting an amendment to the restricted area (zoning) by -law applicable to the said lands or any part thereof, the Subdivider or the then registered owner of the lands to which the requested amendment applies may be required by the City to enter into a further agreement amending this agreement prior to the City Council enacting any such amendment; but nothing hereinbefore contained shall be deemed as the approval or consent of the City to any requested amendment or as the concurrence or agreement of the City to enact any by -law to give effect to any requested amendment EXISTING SERVICES L7 The Subdivider shall assume complete responsibility and make all necessary arrangements for the moving or disturbance of any water, sewer, Nedra-Electric gas or telephone pipes conduits, wires, lines, poles or any other public utility works and shall be solely responsible for any damage caused to the said pipes, conduits, wires, lines poles or other works GRADING AND CLEARING OF LOTS 18 (a) The Subdivider agrees to grade a1L lots within the plan of subdivision from the street line to a point 25 feet back from the street line to grades ap- proved by the Director of Municipal Works and to complete such grading for a distanc of not less than 10 feet back from the street Line before commencing the con- struction of any building on any such lot (bi The Subdivider further agrees to grade the back yards of all lots within the plan of subdivision in such a manner that there will be no accumula- tion of storm water or other surface drainage in hack yards If, in the opinion of the Director of Municipal Works such grading will not prevent the accumula- tion of storm water or other surface drainage in any area or areas the Subdivider shall, at its own expense, supply and install the City's standard back yard catch basins, wherever required by the Director of Municipal Works, and shall connect the same to the storm water sewer system. If the Subdivider shall fail to supply and install the said catch basins, pipes and appurtenances within 30 days after being requested to do so by the Director of Municipal Works, the City shell have the right to enter on the said lands with its servants agents and contractors and carry out such wnrk at the Subdivider's expense and the cost thereof shall he included in the costs to be borne by the Subdivider under this agreement lc) The Subdivider agrees that before commencing the construction of any building on any lot within the plan of subdivision, all trees which are not to be lett growing and all tree stamps and brush on such lot shall be cleared from such Lot and carried away and shall not be placed or burned on any other lands within the plan of subdivision TENDERS 19 The City agrees to call for tenders for the construction of the said roads and streets, watermains, sanitary sewermains, storm sewermains, sewer laterals water service laterals, sidewalks, curbs and gutters and for supplying and plant- ing of trees and the contract or contracts for the construction of the said works and for trees shall be awarded to th' lowest responsible bidder or bidders approved by the City It is understood and agreed that the contract for the construction of the watermains, sanitary sewermains, storm sewermains, sewer laterals and water service laterals shall be awarded to one contractor and contained in one contract SUBDIVISION IDENTIFICAIION SIGNS 20. The Subdivider hereby covenants and agrees with the City as follows (a) that it will, within not more than 15 days after the date of registration of the subdivision plan, erect or cause to be erected at each main entrance to the subdivision a subdivision identification sign not less than 32 square feet in area with a layout approved by the Building Inspector and showing the following (i) the name (if any) of the subdivision, (ii) the registered plan number of the subdivision, (iii) a reproduction of the plan of subdivision on a scale suitable to the size of the subdivision showing the various land uses permitted as at the date of registration of the subdivision plan both within the subdivision and on lands abutting the subdivision; (b) that each subdivision identification sign shall be colour -coded to designate the following permitted uses by the following colours Permitted Use Colour Single Family Residential Yellow Two- family residential Yellow with orange hatch Multi- family Residential Orange Commercial Purple Industrial Blue Park or School Green and in addition to the colour- coding the following uses, if permitted on any lands in the subdivision or on any lands abutting the subdivision, shall be expressed inthe cords on each subdivision identification sign: 21 ii) Two Family (fi) Four Family or Townhouses (iii) Apartments (iv) Service Stations iv) Schools ("i) industrial ivii) Future Roadways; (c) that each subdivision identification sign shall be maintained in a condition satisfactory to the Building Inspector at all times and shall not be removed until the date of assumption by the City of the streets within the subdivision, or longer if deemed necessary by the Planning Director; and (d) that no building permit for any building to be erected in the subdivision shall be issued until in addition to complying with all other requirements of this agreement and the relevant by -Laws of the City, the Subdi ^ider has complied with all the above require- ments respecting subdivision identification signs PAYMENT FOR SERVICES (a) The Subdivider shall, on or before the execution of this agreement, pay to the city the sum of Three hundred and fifty -five thousand five hundred and twenty ($355,520 00) Dollars on account of the prosent estimated costs (including design engineering) fur works, services, imps ovements and payments to be constructed, provided and made in, for or in respect nf the lands as required under this agreement and which are hereinafter referred to as "the works as shown on Schedule "B" attached hereto and forming part nf this agreement Notwithstanding the execution of this agreement by either or both parties hereto the City shall not give its letter of clearance to the Ministry of Housing unless and until the said sum of $355,520 00 shall first have been paid to the City, which sum the City shall retain and transfer at once to its own proper accounts The Subdivider shall, prior to the City calling tenders for the construction of the works, pay to the City the then current estimated balance of the costs of the works whiub is now estimated at $1,103,326 CO as shown in Column 3 of Schedule "B" attached hereto and forming part of this agreement The City shall deposit the amount received for such estimated costs in a special bank account in the name of the City in the branch of The Bank -of Nova Scotia, 4800 Victoria Avenue for any or all of the works listed in Items 1 in the City of Niagara Falls and such sum shall belong to the City and shall be drawn upon by the City from time to time to pay for the costs and charges to be borne by the Subdivider under the terms_ of this agreement provided, however, that all interest earned by the said money on deposit shall be deemed to be an additional payment made by the Subdivider on account of the said costs and charges to be borne by it lb) It is understood and agreed that the estimated costs set forth in Schedule "B" are estimates only made on or about the date of this agreement and the City shall have the right to revise from time to time the estimates to 9 inclusive Item 13 of Schedule "8" except items lc, le, 3c and 7b and for the purpose of this clause b and clauses c, d e and f of this paragraph 21, "the works" shall mean the works listed in Items 1 to 9 inclusive and Item 13 of Schedule "8" except Items lc, le, 3c and 7b If such revised estimates show an increase in the estimated cost of any of the works, the Subdivider shall pay to the City the amount of such increased estimated cost before the City commences or proceeds with the construction of such works (c) In addition to the provision contained in the preceding clause h, if when tenders are received for the construction of any of the works and the estimated cost of such works as set forth in Schedule "B is less than the total of the tendered contract price for such works plus 10% thereof and plus engineering fees chargeable at the rate provided in paragraph 12 of this agreement, the Subdivider shall pay to the City such additional amount of money as may be required to make the total Subdivider's payment to the City in respect of such works equal to the said total of the tendered contract price plus 10% thereof and plus engineering fees and unless and until such additional amount of money is paid to the City, the City shall not award the contract or authorize or commence the construction of such works (dt If, when tenders are received and an agreement executed by the City and a contractor for the construction of all of the works included in either or both class I or class II described in this clause d, and the total of the tendered 15 contract price accepted by the City 1nr such works plus 10% of the tendered contract price and plus engineering fees chargeable at the rate provided in paragraph 12 of this agreement is less than the estimated cost of the woras fur such class as set out in Schedule "8" to this agreement, the Subdivider shall be entitled to an interim adjustment and refund in the amount of the difference between the estimated cost of the said works as set forth in Schedule "5" and the total of the tendered contract price for such works plus 10"% thereof and plus engineering fees chargeable at the rate provided in paragraph 12 of this agreement The following are the two classes of works referred to Class I (1) all sanitary sewermains including sanitary sewer laterals, (2) all storm sewermains, and (3) all watermains including water service laterals as described in this agreement and schedules thereto Class II all curbs and gutters and all roads and streets described in this agreement and schedules thereto (e) When all the wn,ks have been completed and their actual cost determined, an adjustment shall be made, and the City shall repay to the Subdivider on demand the amount (if any) by which the money received by the Gity from the Subdivider in respect of the works, and the engineering fees in Item 9 and land acquisition in Item 13, exceeds their actual cost and the Subdivider shall pay to the City on demand the amount (if any) by which the actual cost of the works and the said engineering fees and land acquisition, exceeds the amount of money received by the City from the Subdivider in respect of such works, engineering fees and land acquisition. Notwithstanding the foregoing, the Subdivider and the City shall each be entitled, upon so requesting in writing, to have the said adjustments and pay ments (if any) made at the following three stages or times which need not necessari1, be in the following order (l) Upon completion of all sanitary sewermains including sanitary sewer laterals, all storm sewermains and all watermains including water service laterals described in this agreement and schedules thereto; (2) Upon the completion of all curbs and gutters and roads and streets described in this agreement and schedules thereto; (3) Upon the completion of all sidewalks and driveway ramps, and completion of installation of all street lighting and street signs and completion of planting of all trees described in this agreement and schedules thereto but if all of the said works except driveway ramps have been completed the Ctth shall estimate the cost of constructing the uncompleted driveway ramps end the amount of such estimate together with the actual cost of constructing any driveway ramps that have already been completed shall for all the purposes of this agreement be the actual cost of constructing all the driveway ramps and the adjustment and payment (if any hereinbefore provided shall be made forthwith and shall Hot be deferred until the construction of all the driveway ramps has been completed, (f) Notwithstanding and in addition to any other provisions of this agreement, the Subdivider agrees that if all the works required under this agreement have not been completed on the 15t1( day of September, 1980 (il The City shall, at its option, have the right to make such revisions or further revisions to the estimated cost of constructing or completing the construction of ail of the said works and the Subdivider's share of the cost thereof as may result from and in accordance with the engineer- ing technology and methods employed by the City and subdivision policy of the City in effect at the time such revisions are made; and (iii the Subdivider will pay to the City on demand the unpaid balance (if any) of the then estimated cost of constructing or completing the construction of all the said works together with the unpaid balance (if anyl of all other payments required to be made by the Subdivider under this agreement 22. (al In lieu of the payment in cash for the then current estimated balance of the costs of the works required to be paid by the Subdivider to the City under clause a of paragraph 21 of this agreement prior to the City calling tenders for the construction of the works (the present estimated costs being 1,103,32b 001, the Subdivider shall have the option of filing with the City a letter of credit of a chartered Canadian bank in favour of the City and in a form satisfactory to the City Manager in the amount of the said then current estimated balance of the costs of the works and providing that drawings under the letter of credit shall be made on a branch of the said bank in the City of Niagara Falls (b) It is understood and agreed that the provisions of paragraph 21 with respect to interest earned on money on deposit shall not apply if a letter of credit is filed by the Subdivider in accordance with clause a of this paragraph unless and only to the extent that the City draws upon the letter of credit and deposits the proceeds in the special bank account referred to in clause a of paragraph 21 and interest is credited by the bank to sucn account 23. The Subdivider covenants and agrees with tae City that it will not convey the land described in Schedule "A" hereto or any part or parts thereof by way of a deed or transfer, or grant, assign or exercise a power of appointment with respect to the said land or mortgage or charge the said land or enter into an agreement for the sale or purchase of the said land or enter into any agreement that has the effect of granting the use of or right in the said land directly or by entitlement to renewal for a period of twenty -one years or more unless the Subdivider has first paid to the City in cash the present estimated costs of 1,103,326 OU referred to in clause la) of paragraph 21 of this agreement or filed with the City the letter of credit in accordance with paragraph 22 of this agreement and if the Subdivider shall make or enter into any conveyance, mortgage charge or agreement or grant, assign or exercise any power of appointment in breach of the provisions of this paragraph the said sum of 1,103,326 00 shall become due end shall be paid in cash forthwith by the Subdivider to the City on demand BUILDING PERMITS 24. (1) The Subdivider acknowledges and agrees that no building permit shall be issued for the erection of any building or structure on any land within the plan of subdivision until such time as la) The City has received in cash or letter of credit approved by it, the amount of the total estimated payments required for all the works required under this agreement; and (b) the Subdivider has paid to The Hydra- Electric Commission of the City of Niagara Falls the whole of the Subdivider's share of the estimated cost of providing underground eledtrical services for each lot and block within the plan of subdivision; and (c) the following work has been completed and has been approved by the Director of Municipal Works; (i) all clearing, fill, cut and grading required as a preliminary Lo the construction of roads and installation of underground services; and 21 (ii) the installation of all sanitary sewermains, storm sewetmains and watermains for the u• of the subdivision or to such of the said lots and blocks as the Director in nis discretion shall approve; and (iii∎ the installation of sewer laterals and water service laterals to all lots and blocks within the plan of subdivision or to such of the said lots and blocks as the said Director, in his discretion, shall approve; (d) The provisions of paragraph 16E and all other provisions of this agreement and By -law No 75 -33 respecting the entitlement to building permits have first been complied with (2) In addition to the foregoing provisions, no building permit shall be issued for the erection of any building or structure on any lot or block within the plan of subdivision until such time as (a) the grading of such lot or block from the street line to a point at least 10 feet back from the street line has been completed to the satisfaction cf the Director cf Municipal Works; and Col all trees which are not to be left growing and all tree stumps and brush on such lot or block shall have been cleared from such lot or block and carried away and not placed on any other lands within the plan of subdivision (3) Building plans submitted to the Building Department for the construction of houses with sunken garages shall indicate the proposed floor elevation of the sunken garage and also the elevation of the roadway adjacent to the garage The floor elevation of the sunken garage shall be a minimum of three (3) feet above Che obvert of the storm sewer in cul -de -sac areas located on the upstream end of a storm sewer system. In other areas, the floor elevation of the sunken garage shall be a minimum of five IS) feet above the obvert of the abutting storm sewer in addition, backwater valves shall be placed on the storm sewer leads APPROVAL OF WORK BY DIRECTOR OP MUNICIPAL WORKS 25 All the work required hereunder shell be done and performed, and all material required for the said work shall be supplied to the specifications and directions and to the satisfaction of the Director of Municipal Works of the City 26 The certificates of the Director of Municipal Works as to the actual cost of any work performed or materials supplied shall be conclusive. ASSUb1PTION OF STREETS 27 Until the City passes a by -law assuming the streets shown on the plan the Subdivider, on behalf of itself, its successors and assigns including its successors in title of the Lands in the said subdivision hereby releases and discharges the City from, and indemnifies the said City from and against all actions, causes of action, suits, claims and demands whatsoever, wnich may arise by reason of (1) any alteration of the existing grade or Level or any street or streets, on the said plan, to bring the said grade or level in conformity with the grade or level required by the Director of Municipal Works; or (2) by reason of any damage to the Lands abutting on any street or streets, shown on the said plan, or to any building erected thereon arising from, or in consequence of any such alteration of grade or level; or (3) by reason of any damages or injuries (including death) to persons or damage to property occurring or arising on any street or streets on the said plan, however caused COVENANTS '10 RUN WITH LAND 28. The Subdivider and the City acknowledge and agree that it is their intent that all the terms, conditions and covenants contained in this agreement shall be covenants that run with the land and that the burden of such covenants shall be binding upon the Subdivider its successors and assigns and successors in title and owners from time to time of the lands described in Schedule "A" to this agreement and any part or parts thereof and that the benefit of the said covenants shall enure to the City, its successors and successors in title of all roads, streets and public lands forming part of or abutting on the said lands described in Schedule "A" and the said covenants shall continue in force for a period of 20 years from the date of this agreement MOR'TGAGEE'S CONSENT 29 The Mortgagee hereby consents to this agreement and for itself and its successors and assigns and successors in title hereby subordinates and postpones all its right, title and interest in the said lands to the City with the intent that this agreement shall take priority over its charge but no further and other covenant on the part of the Mortgagee shall be implied by reason of this agreement IN WITNESS WHEREOF the parties hemt.7) have executed this agreement SIGNED, SEALED AND DELIVERED In the presence of 1 PEGAS INCORPORATED 1 I THE CORPORATION OF THE CITY OP NIAGARA FALLS MAYOR CLERK HELLER- NATOFIN ONTARIO) LIMITED 1 [e Branch Manager Schedule "A" to an Agreement dated the 15th day of June, 1977 between Pegas Incorporated et al, and The Corporation of the City of Niagara Falls ALL AND SINGULAR that certain parcel or tract of land and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara, formerly in the Township of Stamford, in the County of Welland, and being composed of those portions of Township Lots 156 and 163 in the original Township of Stamford designated as Parts 1, 2, 3, 4 and 5 on a Plan of Survey of record in the Land Registry Office Land Titles Division of Niagara South (No. 591 at Welland as 59R -1412, being Parcel 156 -1 in the Register for Section 59 Stamford. SEWERMAINS a Storm sewermains and appurtenances on all streets and easements includ- ing rear yard catch basins and leads within the subdivision. b Open channel from south limit of Ontario Hydro lands to existing culvert on Montrose Road and McLeod Road including culverts on open channel c Payment to the City towards the con- struction of a storm sewermain on Kalar Road abutting the lands in the subdivision (50% cnst of an 18 -inch diameter sewer) construction to be deferred WATERMAINS Waterhains and appurtenances including water service lateral to the street line on all streets within the subdivision and on Kalar Road and on Pitton Road across Ontario Hydro lands ROADS a Base road construction on all streets within the subdivision and on Pitton Road across Ontario Hydro lands c Payment to the City of 50% of the esti- mated costs for constructing and paving a 28 foot wide road on Kalar Road including curb and gutter on the east side abutting lands in the subdivision (construction to be deferred) Schedule "B" to an Agreement dated the 15th day of tune, 1977 between Pegas Incorporated et al and The Corporation of the City of Niagara Falls d Sanitary sewermains and appurtenances including sewer laterals to street line on all streets within the sub- division and also sanitary sewermains on all easements and on McLeod Road and on Pitton Road across Ontario Hydro lands 294,030 e Payment to the City towards the con- struction of a sanitary sewermain on Ka lar Road abutting lands in the sub- division (50% cost of a 12 -inch diameter sewer) construction to be deferred 21,920 b Finished road construction including curbs and gutters on both sides of all streets within the subdivision and on Pitton Road across Ontario Hydro lands and also driveway ramps to street line to all lots and blocks in the subdivision 128,90C Column 1 Column 2 Column 3 CASH DEPOSIT ESTIMATED TOTAL PAYABLE WHEN DEPOSIT WHEN ESTIMATED AGREEMENT SERVICING DEPOSIT SIGNED REQUIRED 216,2 214,270 134,640 134,640 25,330 25,330 21,920 185,950 185,950 123 030 123,030 24,600 26,600 128,900 2 294,030 SCHEDULE "8" !continued) SIDEWALKS Sidewalks on the east side of Kalar Road abutting lands in the subdivision, on both sides on Fitton Road across Ontario Hydro lands and both sides of all streets within the subdivision except Fairfield Place, Regent Court and Hampton Court including cost of sidewalk and fence on all pedestrian walkways 114,630 114,630 STREET SIGNS 590 590 STREET TREES 5,830 5,630 STREET LIGHTING a Street lighting on all streets within the subdivision. b Payment towards cost of street light- ing on Kalar Road abutting lands in the subdivision (construction to be deferred) 3,440 Fence along west side of open channel abutting lands in the subdivision 13,200 Engineering Fees 100,980 80,780 Payment for Expansion and Renewal Fund 186,980 186,980 L Payment to the City of special levy towards the construction of an outlet sanitary trunk sewer (based on $125 /acre) 6,520 6,520 2 Payment in lieu of grant of land for park purposes (for deficiency of 475 acre) 17,790 17,790 3 Purchase of ].and for widening of Kalar Road 2,000 2,000 LESS 4 Estimated amount to be paid by the City towards o"ersizing the sanitary sewermains from the existing pumping station to McLeod Road 5 Fifty percent cost of constructing 8 -inch diameter watcrmain on Kalar Road to be paid by the City 6 Engineering fees previously deposited by subdivider 7 a Money paid under other subdivision agreements towards cost of constructing open channel b Estimated amount to be paid by City towards cost of constructing open channel Column 1 Column 2 Column 3 CAS}] DEPOSIT ESTIMATED T00,1, PAYABLE WHEN DEPOSIT WHEN ESTIMATED AGREEMENT SERVICING DEPOSIT SIGNED REQUIRED 16,340 16,340 Sub total 1,620,770 365,920 18,450 14 360 800 109,720 800 3 3,440 13,200 20,200 1,254,850 18,450 14,360 109,720 8,994 8,994 SCHEDULE "B" (continued) Credits for preparing base construction drawings Total Deductions Balance of Estimated Costs to be paid by Subdivider Column 1 Column 2 Column 3 CASH DEPOSIT ESTIMATED TUTAL PAYABLE WHEN DEPOSIT WHEN ESTIMATED AGREEMENT SERVICING DEPOSIT SIGNED REQUIRED 9,600 9,500 S 161,924 10,400 151,524 1 45H ,846 355,520 1,103,326 7$E SAND TITISS Flt{ Application to Register Notice of an Agreement Section 78 To: THE LARD REGISTRAR, LAND REGISTRY OFFICE FOR ffiE LAND TITLES, DIVISION OF NIAGARA swm (N0. 59) Wa, Pa,h.S INCORPORATED The evidence in support of the Application consi.rs of An executed copy of the original agreement. DATED at Niagara Fells this being interested in the land entered in the Register Sectfmt59 Stamford as Parcel 156 -1 of which we are the registered,4lleisr, :hereby apply to have entered on the register for the said Parcel Notice of an Agreement dated the 15th day of June, 1917 made between Pegs. Incorporated and rho Corporation of the City of Niagara Falls and Heller- Natofin (Ontario) Limited. 1977. THIS AIRF.EMP.NI doted the lSth day of June 1977 B E T W E E N PECAS INCORPORATED. a corporation Incorporated under the laws of the Province of Ontario. Hereinafter tatted the "Subdivider" and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City" and HELLER- 1tATOFIN (ONTARio} LIMITED, Hereinafter tailed the "Mortgagee" of the FIRST PART, of the SECOND.tAHT, of the THIRD PART WHEREAS the Subdivider has applied to the Minister under the provisions of The Planning Act for approval of plan of subdivision of the lands described in Schedule "A" attached hereto; and 1.91EREAS In accordance vetch the conditions imposed by the Minister pursuant to section 33 of The Planning Act, the City requires the Subdivtder to enter into this agreement; and WHEREAS the Mortgagee is the registered owner of s charge against the said land, registered on the 16th day of May, 1977 as No. LT -6696. NOW THEREFORE alp agreement wttneaseth that in constderatton of the City re:cmmending approval of the Said plan of subdivision to the Minister and the acceptance by the City, after compliance with al/ the requirements hereinafter sec forth of the roads and streets laid out as public highways on the said plan -I subdivision and the mutual covenants and agreements to be observed and Performed by each of the peril es hereto, the Subdivider and the City hereby covenant and agree eneh ulth the other ma Ln2l ovrt LANDS AFFECTED 1 tine lands' affected by this agreement ere all those lands described in ecneduie 'A accuched i,crotu i i ter referred to es "the lands 'TAXES 2 The Subdivider aha11 pay to the Treasurer of the City, on or before the execution of this agreement by the City, *11 arrears of taxes (if any) and current taxes including local improvement rotes to December 31st, 1917 owing in respect of the lands end the buildings situate thereon. SEWERNAINS 3 (al Subject to clause (e), the Subdivider shall pay to the City the entire cost of construction of ti) 12 -Inch to 48 -inch diameter storm ■ewerntains as set out in Item la of Schedule "11" attached hereto, (11) t0 -inch to 27-inch dtamiota: nttary ccwermelns as set out in Item Id of Schedule "8" attached hereto, and in such other locations as aro required to provide proper service and connections The coat of the said severmatna shall include all catch basins and other connections to street severe and all ftttlrtga, appurtenances, connections to existing cevermatns and all other easoclsced works and the cost of television inspection of completed eevernatns when such Inspection is required by tho Director of Hunteipal Works (b) Subject to clause (f), the Subdivider shall pay to the City the whole of the cost of constructing a storm drainage channel including culverts Net out in Item lb of Schedule "6" attached hereto (c) The Subdivider shall pay to the City the sum of $25,330.00 as met out In i tem lc of Schedule "B" towards the cost of constructing a storm sewer main on Nater Road abutting lands In the subdivision. (d) The Subdivider shall pay to the City the sum of $21,920 as set out In Item lr of Schedule "B" towards the cost of constructing sanitary sewer main no Ko lar Hood abutting the lands in the sub(' tuition. (r) Old City shell contribute a rum egeol to 2` 3)7 of the accord coat Aft determined by thr Itl rent or of N l pal works of supplying and installing n 15 Inc! and 14 inch diameter sanitary level-main hnv lny; a length of Approxl- mntelc iSSO Lineal fret from thr existing pumping station nt l.vndhurst Drive k 1 1 I 3 and Fitton Road to McLeod Road and the said contribution abet! be paid out of the City's Expansion and Renewal Fund in accordance with progress certificates !aimed for the said sanitary aewermaln. The present total estimated uv:t of the said c :nttory se_er_te is $12,660 and the City's contribution towards the coat his been estimated at $18,450 as Get out in Schedule "B" If the actual cost of the laid sanitary iesermain, as determined by the Director of Municipal Worka,variee from the said estimated cost of $72,840, an adjustment shall be made and the Subdivider shall assume and pay 74 671 of the actual coat and the City shall assume and pay 25 33% of the actual frost (f) The sum of $109.720 paid under other subdivision agreomant., ao set out In Item 17a of Schedule "8 shall be deducted from the cost of constructing the said storm drainage channel referred to In clause b of this paragraph and to Item 1b of Schedule "8" attached hereto, which said coat Including $10,771 for the applicable cottoned engineering fees of BT, of construction cost provided for In paragraph 12 Is estimated to be $145,411, leaving the estimated balance of the cost of the said channel at $35 691 The City shall contribute a sum equal to 25 207. of the actual balance of the said cost as determined by the Director of Municipal Works and the said contribution shall be paid out of the City's Expansion anG Renewal Fund in accordance with progress certificates issued for the told channel The present intimated balance of the cost of the said channel la the aforementioned sum of $35,691 and the City's contribution toward, the sold balance of the cost hat been estimated at $8,994 as set nut in Item 17b of Schedule "5" If the actual balance of the cost of the said channel, as determined by the Director of Municipal Works, varles from the said estimated balance of $35,691 an adjust- ment shall be made and the Subdivider shall *flume end pay 74.802 of the actual balance of the said cost and the City shall nseuae and pay 25 207, of the actual balance of the said cost VATERM.I1 NS 1 (n1 Sub)rct to clause 1. the Subdivider shall pay to the City the entire Gnat of constructing 6 Inch and 8 -inch diameter watermatne at net Out fn ftom 2 0( ;chrJulr 'n" attached hereto and in such other locations as are required to provide proper service and connections sr there shall be a minimum cov,r of five 151 feet ter ell watermelon the cnat of the said warermatns .Imll f ne lade a ll vo ivca hvdronl n fittings •ppurtrnencee cunnecttona to existing vntermalns and all other aaaoc(ated works Tht City as determined by the Director of Municipal Works of supplying and installing an 8 -inch diameter watermain on Kolar Road abutting the lands in the sub- division and the said contribution shall be paid out of the City's Expansion and Renewal fund In accordance with progress certiftcatet fettled for the said vatermetn The present total estimated cost of the said vaternaLn to $28,120 00 and the City's contribution towards the cnst has been estimated at $14,360.00 as net out in Schedule "8" If the actual coat of the said waterasain _a determined by the Director of Municipal Works, varies from the said estimated cost of $28.720 00, an adjustment shall be made and the Subdivider shall assume and pay 502 of the actual cost and the City shall assume and pay 501 of the actual coat ROADS 5 (al The Subdivider shall pay to the City the whole of the coat of construction of all roads described in Items 7. and 35 of Schedule "B" attached hereto including the construction of asphalt pavements having minimum width (including turbo and gutters) of 28 (set and having a consoli- dated stone bete with a minimum depth of 12 Inches trd ho. m.,.ed Asphalt surface with a minimum depth of 3 Inches end the construction of concrete curbs and gutters and the construction of driveway ramps, all as set out in said ltcros 3. and 3b (b) The Subdivider shad pay to the City the sum of $24,600.00 as set out In Item 3c of Schedule "B" toward, the coat of constructing and paving a road including curb and gutter on Kolar Road :hutting lands in the sub- division. (c) It shall be the responelhtllt of the Subdivider to notify the purchasers of tote within the plan of subdivision that no curbs ...d gutters shalt be constructed until the expiration of at least one year following the lnetallatlon of all ncwormatn. And vntermelns and until construction of buildings has been coupe :ccd on not less than 50 percent of all the lute thin the said plan of nubdivtetnn or such teaser part thereof as tie Director of Municipal Works, in hl, dtncretton shall approve 5 (d) The Subdivider shall, within 36 days of written request made to it by the City, file with the Director of Muntctpai work. a pie: pti s the location of eft future driveway tamp. for the remaining lots on the said plan. lf, after a driveway ramp has been constructed for any lot on the said plan, the Subdivider or its successor fn title of such lot reques n s nev ramp in a different Location, the entire coat of constructing such new ramp and of constructing, altering or replacing the curb gutter and sidewalk at ouch new location tagether with the entire coat of reconstructing the curb, gutter and sidewalk et the location of the original driveway ramp shall borne by the Subdivider or, if such lot has been sold, by cha then registered outer of such lot (e) The Subdivider agrees that before the City shall commence any I division and from the full width and length of much other streets and easements construction of reads, sanitary severmalna, storm severmains, vatermaina, sewer laterals and water service literals, the Subdivider shall remove all trees designated by the Director of Municipal Works and ell stumps and brush from the full width and length of a:ch _!?ovance shown on the plan of sub- II division and from the full width and length of such other streets and easements on which any of the said works are to be constructed and from :it lot: within the plan of subdivision between the street floe and a point 10 feet back (ram the street tint and shalt supply and spread ail necessary (111, make all necessary cute and grade the full width and length of each said street allowance and easement and each raid lot between the street lino and point 10 feet back from the street Ilne to grades approved by the Director of Municipal Works, all of which shell be to the satisfaction of the said Director; and the Sub- divider further agrees that the City shall not undertake any road construction until, in addition to the aforccaid, Ill severe, vatersaalns, catch basins, sever laterals and water laterals have been installed and the trenches therefor have had saffletrnt rim: t ftle or have been grope.. -le compacted and the grade, f11) sod spread sheer such trenches have se tt1 od or hove been p ro pc sly compacted (fl Until the said rands and st ro. -ts hour hoer) constructed and a by -law has hoer paecod by the City assuming then as public highways, it shall he the respnnslb;lity of the Subdivider to keep the maid rands and streets in a easeable condition and to talc(' All necessary precautions to avoid dust and other nuisances I I (g) It is understood and agreed that the construction of the top course asphalt for roads and the construction of curbs end guttern shall not be under- taken by the City until the expiration of at least one year following the 1 completion of the inttaluatlon of all aewermatns and vatermains and until construction of buildings has been commenced on not leas then SO per cant of all the lots within the said plan of aubdivtoton or such lesser part thereof as the Director of Municipal Works, in his discretion, shall approve APPROVAL OF MINISTRY OP 711E ENVIRONMFAiT ETC. 6 (a) It is understood and agreed that the City shall not be under any obligation to undertake any work under thin agreement until such time as the approval of the Ministry of the Environment and all other approvals required by law have first been obtained (b) It is further understood and agreed that the sites, specifications and locations of the proposed works on which the estimated costs set out in Schedule "g" attached hereto have been based are subject to revhcw by the approving authorities and that the City shall be required to make such changes in the sizes, specifications and locations of the works and In the estimated costs as may be required to give effect to changed required by the approving authorities LATERALS 7 (n) The Subdivider shall pay to the City the entire cost of constructing sanitary sewer 1aterala from the aan1 tary sewerma in Cr the street line of each lot within the plan of suhdlvfston,all of which shall be constructed concurrently with the laving of the sanitary sowermain. No downspouts from cAvestrouglie shall he connected to any sanitary stvermaln, either directly or indirectly and no roof water shall he discharged into sanitary sewers by any means vhatsoevnr (h) The Subdivider shall pay to the City the entire font of constructing water service laterals fittings valves and appurtenances from the wntermains to the street line of each lot within the plan of subdivision all of which shall he constructed concurrently with the laying of the wnterma fns (c) The Subdivider shall pnv to the City the entire cunt of constructing I atom, sewer laterals from the storm newt rnalns to the street line of each tat on which It is proposed to erect a hausi with n :looker' garage 2n order that 1 1 1 1 the •torm seeet system rely be designed to accommodate houses with sunken garsosa, 11 shell be the responsibility of the Subdivider to notify the City, prior to the tender call for underground services by the City, of the lot' on which It la proposed to erect houses with sunken garages. The Subdivider shalt pay the whole of the cost of providing snd installing backwater valves which shell be placed on the 'corm Sewer leads to all sunken garages (See also paragraph 24 (3) re building permits for house. with sunken garages) SIDEWALKS 8 The Subdivider shall pay to the City the entire cost cf constructing concrete sidewalks 5 feet in width on the streets sod pedestrian velkt:ys sot out in Stem 4 of Schedule "8" attached hereto including supplying and instal- ling a chain link fence on each side of the pedestrian ws/kuey; It :hall be the r..ponsibility of the Subdivider to notify the purchasers of lots within the plan of subdivision that no sidewalk! shall be built until at Least BO per cent of ell the lots within the sold plan of subdivision or such lesser part thereof as the Director of Municipal Works, in his dt•cretion, shall approve have been built upon and that the City's standard location for sidewalks is 4 fent from the outer limit of the road allowance and that curb -faced sidewalks will not he constructed STREET SIGNS ANO STANDARDS 9 The subdivider shall pay the entire coat of providing and Instslling street signs and standards to be erected at the intersection or )unctions of all roads shown on the plan of subdivision. ORNAMENTAL TREES ID The Subdivider shall pay the entire cost of providing and planting tailored type ornamental trees along the front of the lots and blocks within the plan of subdivision, suck trees to he approximately fifty (SO) feet apart and to be planted under the directions of the Director of Municipal Works le lncattona to he approved by Film. STREET WHIM G If 60 The Subdivider .hail pay the full cost of providing and installing mercury •spour street llghting brackets and fixtures upon the streets described In Item lb et Schedule 11" attached hereto Including concrete poles and underground vlr(ng from the poles to the main secondary bus (b) The Subdivider shall pay to the City the sum of p3,440 as see nu: In !h ef c..h =dof, otr,achod rnu.ln rte tr.ao, :t.. on War Road abutting lands in the subdivision. FENCING DRAINAGE CHANNEL 11A The Subdivider shall pay the whole of the coat of supplying and inatatline a chain link fence 6 feet in height along the westerly aide of the storm dralnag•t channel abutting lands in the subdivision. ENGINEERING AND INSPECTION 12. The Subdivider shall pay to the City s fee for engineering and inspection for roads and streets, sewermaina, watermains sidewalks, curbs and gutters and laying cut underground works at the rate of St of the actual coot of coney uction of the said works The estimated amount of the fee for engineer- ing and inspection is set out in Item 9 of Schedule "8" to this agreement and the credits applicable thereto are set out fn Items 26 and 18 at the said Schedule "N" EXPANSION AND RENEWAL FUND 13 (a) The Subdivider shall pay to the City the sum of $186 980 00 as vet out in item 10 cf Schedule for the parpc;c of =pending and rorct ng c :tzr and }lever services, providing storm sewers, ditches and outlets and developing parks and recreational lac:titles The aforementioned sum includes a prelim( nary impost charge in the amount of $2,000.00 per acre for any blocks on the plan of auhdlvlalon which are zoned for multi family dwellings (b) In addition to the payment required under subparagraph a, the Subdivider shall pay to the City prior to the issuance of any building permit for s building containing duelling units In any block zoned for multi- family dwellings an ncount equal to the difference between the preliminary impost charge referred to In subparagraph fel of this paragraph and the total impost charge per duelling unit charge for multi family dwellings In the Citc's 'firc l e rat l on of I'olIr• for Development of Subdivisions" as adopted and revised ho• for Council of the City and which Is In effect at the time of application for 4r. ranch building prrmtt lei roe the ,purpose of this paragraph 11, "mulct -(eml lv dwelling" Moans s c dv elllne containing three nr more dwelling units ii SPECIAL LEVY FOR SANITARY TRUNK SEWER OUTLET 14 The Subdivider shall pay to the City the am of $6,520.00 tc ca; out in Item 11 of Schedule "il" attached bereto at a contribution towards the coat of providing an outlet sanitary trunk sever which will serve Iands within the aubdivision to addition to other lends, GP.ANT FOR PARK PURPOSES ETC 15 (e) The Subdivider shall convey to the City vtthout cost by a good and sufficient deed in fee simple free from an encumbrances pursuant to the provisions of clause (a) of subsection 5 of section 33 of The Planning Act a parcel of land having an arcs of 2.134 acres and beta* part of Township Lot 170 of the former Township of Stamford for park purpose& and the deed of tbe said land shall be executed by the Subdivider and delivered to the City Clerk prior to the City giving its letter of clearance to the Ministry of noosing As the area of the said land proposed to be conveyed is 475 acre leas than the area of the land required to be conveyed by the Subdivider to the Ctty for park purposes In accordance with the provisions of the said clause (al of subsection 5 of section 33 of The Planning Act R.S 0 1970 the Subdivider shall pay to the City the sum of $17,790 00 se set out In Item 12 of Schedule "b" attached hereto In ltcu of the conveyance of such 475 acre of land (b) Inc subdivider shall convey to the City without cost by a good and sufficient. transfer Ln (er simple free from all encumbrances all one foot reserve tote or blocks ehovn on the eubdlv(alon plan, the said transfer to he executed by the Sobdtvlder end delivered to the Ctty Clerk prior to the City giving its letter of clearance to the Ministry of Housing. (c) the Subdivider agrees to provide the City vtthout cost and free of or in priority to all encumbrances such permanent easements both within and .utside the subd vision na ropy he required hy the City the raid grants or rrnnsfern of ouch easements to b In form apptovcd by the solicitor of the Ctty and to be cxeeu led hy the Subdivider end other person or persons granting or transferring mach easement+ and an mortgagees of t:.: land affected thereby and dell wed to the City Clerk prier to the City giving Ito letter of clearance i n the M: n t at ry of Housing i In HYDRO BASl/V.NTb 16, The Subdividtr agrees that prior to conveying or mortgaging any part of dvc "1,1 :1' ;rem. T^• Nyde'.P2 actrte Commission of the City of Niagara Falls such easements as may be required by that Coamlisioe for the provlaton of all cleetrlcel cervices including street lighting for the said subdivision The Subdivider agrees that ■11 wires, cables and conduits to be provided by the said Coemisalon shall be underground ADDITIONAL LANDS 16A The Subdivider shall pay to the City the whole of the cost of acquiring from Ontario Hydro a strip of Land having a frontage of epprokimatety 200 feet on Baler Read and a perpendicular depth of 22 feet for the widening of that section of Baler Road between the north limit of the subdivision and the south limit of Registered Plan N542, The estimated coat of acquiring the said strip of land is the mum of $2,000.00 oa set out in Item 13 of Schedule "R" attached hereto t6R The Subdivider shall convey to the City without cost by good and sufficient deed in fee simple free from all encumbrances that part of Township Lot No (56 of the former Township of Stamford designated as Pare 1 on a reference plan os in the Land Registry Office for the Registry Division of Niagara South as Reference Plan 59R 945 which shall be eaubltshed by the city as part of Pltton Road 16C The Subdivider and the City acknowledge end agree that (1) the references In Items Id 2 le, lb and 4 of Schedule "b" attached hereto to 'Pltton Road Across Ontario Hydro lands" shall mega and include not only the land referred to In paragraph 168 buc also that pert of Block II Registered Plan b' 5 42 which •hall be established by the City es pert of PICton Road and (2) the reference in Item 2 of Schedule "R" ettached hereto to "Baler Rood" include he land referred to to paragraph 16A 16D The Subdivider shall convey to the Cite without cost by good and sufficient trnnnfor In for simple free from e,! encumbrances the block on the subdivision plan being Cher part of Township Los 156 of the former Township of Stamford des l gne ted as Pert 4 on n reference plan deposited in the Land Registry Office for the Registry Division of Stagnre South at Referent, Pten 59R -1412 and that part of U 11 s� dues not comply with nil of the requirements of this paragraph ME sr 1 Townehtp Let 163 of the former Tovnahtp of Stamford designated se Part 5 on the said Reference Plan 59R -1412 and the slid transfer together with the transfer of the land referred to in paragraph 16B shall be executed by the Subdivider and delivered to the City Clerk prior to .).e City giving its letter of clearance to the Ministry of Lou- ng. SEMI DETACHED DUELLING HOUSES 16E. The Subdivider, for itself, its successors and assigns and successors in title of the lands covenants end agrees with the City as follows (1) That no semi detached dwelling house other than 'tack split" semi- detached dwelling house shall be erected on any of the lots on the proposed subdivision plan designated by the letters "BS" on Schedule "C" attached hereto; and (2) That no semi- detached dwelling house other than "two storey" semi- detached dwelling house shall be erected on any of the lots on the proposed subdivieton plan designated by the number "2" on Schedule "C" attached hereto; and (1) That no semi dctached dwelling house other than "bungalow" semi- detached dwelling house shall be erected on any of the lots on the proposed subdivision plan designated by the letter "B" on Schedule "C" attached hereto; and (4) That no semi- detached dwelling house shall be erected on any lot designated for a "back split" or "two storey" or "bungalow" semi- detached dwelling on the said plan Schedule "C" attached hereto and bearing the figure "20" (indicating a minimum set -back of 20 feet), closer to the front lot tine than 20 feet or at greater distance from the front lot line than 22 feet; and (51 That no semi-detached dwelling house 'hell be erected on any lot designated for a 'back split" or "two- storey" or "bungalow" semi- detached dwelling on the said plan Schedule "C" attached hereto and bearing the figure "30" (indicating a minimum set -back of 30 feet), closer to the front Int line than 29 feet or ar a greater distener from the front let lino thnn 31 Lett and (61 71,6 Suhotvld;r !hall not apply for a building permit end no building permit shall he tsnucd Cor n dwelling house on any Lot designated "BS" or )n Schedule "C" attached hereto if the proposed dwelling house 1 1 1 1 CABLR T,V, SNSTALLATIONS 1fx (l) For the ru. of this (a) "Licensee" means the corporation or person holding a license from the Canadian Radio-Television Coaaniaaton to provide cable television service in the arcs in which the plan of subdivision to situated; (b) Unless one or more of the fottowina_ types of pedestals is or ere specified, "pedestals" includes pedestals for household taps, pedestals for distribution amplifiers and pedestals for main trunk amplifiers (cl "works" includes all cables, equipment and appurtenences other than pedestals (2) The Subdivider for itself its successors and assigns and successor, in title of the lands end tech and every lot and block an the plan of sub- division covenants and agrees with the City that it and they will consent and do hereby consent to the installation en the lots and blocks and streets on the plan of subdivision of all pedestal, and works required for providing cable television service for each lot and block within the plan of subdivision in accordance with the following regulations (a) Subject to suci,.irrengements en to ioeitiun and easewents as may be made between the Subdivider and the Licensee and subject to the approval of the Director of Municlpol works being [Inc obtained, the Licensee shall have the option of installing its pedestals either In the rear yard of lots and blocks in the plan cf subdivision or on the road allowance in front of much Iota or blocks; (h) Where pedestals for household taps are to be installed in rear yards, they may he Installed above ground level (c) Hhere pedestals for household cops are to be installed in front yards, or on the road allowance In 'ront of lots and blocks to the plan of subdivision they must be burled underground (d) '.Tore n pedestal for n distribution nmptlfler or a nedustel for a main trunk amplifier is to be installed on the road allowance in front of a lot or block In the plan of subdivision on which a house has hcon built, the Licensee shall consult the owner of such lot or block and request such owner to sign a form stating that he does not L3- object to the proposed location of such pedestal. In the event that such owner does object to the proposed location of such pedestal, the better shell be re -bed to the Council of the City mho eneil decide the location. ZONING ANENDtCNTS 16G In the event of the Subdivider, its successors end eseigne or successors to rtrl. „r rt,. 1..,.t. e... -te -a in Schedule "A" to this agreement requesting an amendment to the restricted area (zoning) by -law applicable to the said lands or any pert thereof, the Subdivider or the then registered owner of the lands to which the requested amendment applies may be required by the City to enter Into a further agreement amending this agreement prior to the City Council enacting any such amendment; but nothing herstnbefore contained shall be deemed as the approval or consent of the City to any requested amendment or as the concurrence or agreement of the City to enact any by -law to give effect to any requested amendment 14 EXISTING SERVICES 17 The Subdivider ehaLl aaauma complete •reaponaibiltty and make ell necessary arrangement' for the moving or disturbance of any eater, ewer, Ilydro- Electric, gas or telephone pipes conduits, wires, lines, poles or any other public utility works and shall be solely responsible for any damage enured to the geld piper, conduits, wires, linos, poles or other works, GRADING AND CLEARING OF LOTS The Subdivider agrees to grade all lots within the pion of subdivision 13 (a) from the street line io n point 25 feet beck from the street 11he to gra d<s ap- ;roved by the Director of Municipal Works and to complete Such grading for a ,distance of not less than 10 feet back from the street line before coonencing the con- struction of any building on any such lot. (bi The Subdivider further agrees to grade the hack k:rd: of :1! let, within the lmn of ♦ubdl •lal n In such a manner that 9 o man r h c [bare will be no accumula tier of storm water or other surface drainage in back yards If, in the opinion of the Director of Hunteipal Works, such grading will not prevent the accumula- clan of storm water or other surface drainage in any area or area. the Subdivider shall of its non expense, supply and install the City's standard back yard catch basins wherever required by the Director of Municipal Works, and .hats connect the race to the storm water never ayatea. If the Subdivider rhall tail fff to supply and Install the said catch basins rapes and appurtenances witli/n 30 is i days after being requested to do so by the Director of [Municipal Works, the efts shal! have the right to enter on the said lands with its setvents, agents and contractors and carry out such work at the Subdivider'. expense and the cost thereof shall br Included in the costa to be borne by the Subdivider under this Agreement (c) The Subdivider agrees that before commencing the construction of building on sane lot within the plan of subdivision all trees which are net to he left growing and all tree stamps and brush on such lot shall be cleared from such lot and carried aver and shall not he placed or burned on env other lands within the pion of euhdI'IOInn TRHnKRS 19 'ile tit sag ruse to cull I rrndrrn tor the construction of the said roads and etrr,•.ts vnrerma(ns ennftnry e,verru,Ine %Corm 'cor•ravatns sever laterals 'atrr srrvicr latrrnle sldr+ualks curbs :nd gutters and for supplving sand plant- ing of tress and f contrnrt or eentracts fnr the construction of the said works is and for tree, !hall be awarded to the lowest responsible bidder or bidders approved by rite City It is understood and nerved chat the contract for the construction of the wstormefnr, sanitary sewermalns, storm severmsine, sever laterals and water service Iatcrais shall be a. rded to one can --d contained in one contract. sUBOIVISION IOENTtFICATION SIGNS 20 The Subdivider hereby covenants and agrees with the City as follows: (a) that it will, within not more than 15 days after the data of registration of tha subdivision plan, erect or cause to be erected at each main entrance to the subdivision a subdivision identification sign not less than 32 square feet in area with a layout approved by the Building Inspector and shoving the following (1) the nacre (if any) of the subdivision, (ii) the registered plan number of the subdivision, (iii) a reproduction of the plan of subdivision vs s scale suitable to the sire of the subdivision shoving the various land uses permitted as at the date of registration of the subdivision plan both vithin the subdivision sod on lands abutting the subdivision; (b) that each subdivision identification sign shall be colour -coded to designate the following permitted uses by the following colours Permitted Use Colout Single Family Residential Yellow Two- family residential Yellow with oraags ha Multi- family Residential Orange Commercial Purple Industrial flue Park or School Green and to addition to the colour coding the following uses, if permitted on any lands in tho subdivision or on any lands abutting the subdivision, shah be expressed in the ords on each subdivision icenrtficatlon sign Na 12185 Received at the Land Registry WOW, Ladd Titles Division for Niagara South Oio. 59) e t a !o P 11..iJJlr. 1 2 1978 and totted in Parcel a 1 :1 Section WeNand, Ont 0 REGISTRAR THE LAND TITLES ArT FATEr July Iltb, A.P., 19n. THE CORPORATION OF THE CTTY OF NIAGARA PALLS APPLICATION TO REGISTER RCrmIa CT AN AC3ML"RT Harold R. Tonng, City Solicitor, City Nall, Niagara Palls. Ontario DATED July 6th, 1978 PECAS INCORPORATED and THE CORPORATION OF TAE CITY OF NIAGARA FALLS A G R E E M E N T Harold R. Young City Solicitor City Hall Niagara Falls, Ontario THE LAND TITL.RS ACT Application to Register Notice of an Agreement Section 78 201 THE LAND REOISTPAR LAND REGISTRY OFFICE POR THE LAND TITLES DIVISION 07 NIAGARA SOUTH (N0. 59) THE CORPORATION 0P THE CITY 07 NIAGARA PALLS being interested in the land entered in the Register for Section M -61 as Parcel Plan 1 F -1 of which Penes Incorporated is the registered owner hereby applies to have entered on the register for the following lands, namely: ALL AND SINGDLAR that certain parcel or tract of land and premises situate, lying and being in the City of Niegara Palls, in the Regional Municipality of Niagara and Province of Ontario and being composed of at of Lots Nos. 1 to 165 inclusive and Blocks "A "t "C "D "V" and "0" ell according to a plan registered in the Land Registry Office for the Land Titles Division of Niagara South (No 59) as Plan M -61. Amending Notice of an /Agreement dated the 6th day of July, 1978 made between Pegae Incorporated, of the First Part and The Corporation of the City of Niagara Pella, of the Second Pert. The evidence in support of this Application consists oft Amending An executed copy of the original/agreement. The addreas for service is, The Corporation of the City of Niagara Valle, City Hall, Niagara Pall., Ontario. L2E 6105. Dated at Niagara Falls, Ontario this Ilth day of July, 1978. /y THE CORPORATION OF THE CITY OF NIAGARA FFAALLLS Pert L -y PECAN INCORPORATED PECAN INCORPORATED, the registered owner of the said lands, hereby concur, in this Application and consents to its registration. Per Per Herold R. Y ng, City Solicitor 0 THIS AGREEMENT made in triplicate the sixth day of July, A D. 1978. H E TWW E E N PEGAS INCORPORATED, a corporation incorporated under the laws of the Province of Ontario, Hereinafter called the "Subdivider and THE CORPORATION OF THE CITY OF NIAGARA FALLS, Hereinafter called the "City of the FIRST PART of the SECOND PART WHEREAS by an agreement dated June 15th, 1977 (hereinafter referred to as "the subdivision agreement") between Pegas Incorporated, the City and others filed under an Application to Register Notice of an Agreement in the Land Registry Office for the Land Titles Division of Niagara South (No 59) on the 12th day of July, 1977 as Instrument No. LT -7425, it was agreed that no building permits would be issued for the construction of buildings until, in addition to certain other requirements, the installation of all sanitary sewennafn storm sewermains and watermains for the whole of the subdivision, now registered as Plan M -(1 and known as the Westwood Village II Subdivision, had been completed and approved by the Director of Municipal Works and WHEREAS by an agreement dated the 4th day of April, 1978 between Pegas Incorporated and the City filed under an Application to Register Notice of an Agreement in the Land Registry Office for the Land Titles Division of Niagara South (No 59) on the 13th day of April, 1978 as Instrument No. LT- 1094'9, it was agreed that building permits could be issued for Lots Nos 1 to 21 inclusive and Lots Nos 85 to 121 inclusive and Block "E" all according to Registered Plan M G1, subject to certain conditions set forth therein, not- withstanding that all of the work had not been completed and approved by the Director of Municipal Works; and WHEREAS all of the work has not to this date been completed and approved by the Director of Municipal Works; and 2 WHEREAS the subdivider has now requested the City to issue building permits for the remaining lots in said Registered Plan M -61; and WHEREAS the City deems it desirable to issue the building permits requested, subject to certain conditions as hereinafter set forth; and WHEREAS the parties deem it desirable to further amend the subdivider's agreement as hereinafter set forth. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises the parties covenant and agree each with the other as follows 1. The lands affected by this agreement are described in Schedule "A" attached here 2. The subdivision agreement is amended by adding the following paragraphsl6H and 161 following paragraph 160 1611 The Subdivider for itself, its successors and assigns covenants and agrees with the City that no building permits for townhouse dwellings apartment buildings or neighbourhood commercial buildings shall be issued and no such building shall be erected on that part of the lands to be zoned for such buildings until a site plan displaying the following information has been approved by the City Council (a) Location of each proposed building, (b) Proposed use or uses of each proposed building, (cl Location and width of driveway entrances and exits, (d) Area and location of lands to be used for off street parking, driveways and manoeuvring areas which shall be paved with hot -mix asphalt or approved equal, (e) Proposed use of other lands not be be covered by the proposed buildings nor used for off street parking, driveways and manoeuvring areas and which shall include landscaped areas, (f) Connections to the City's sanitary sewerage system, (g) Grading plan showing existing and proposed elevations to the nearest tenth of a foot for the entire parcel of land including any storm drains and catch basins required to dispose of storm waters, (h) Type of material to be used in exterior walls of the proposed building, (i) Provision for garbage storage, (j) Proposed fencing, including height and type of material. 16I It is understood and agreed that if the erection of a proposed building shown on the site plan has not commenced within one year of the date of approval of the 3 said site plan, the approved site plan shall become null and void unless an extension is granted by the City Council and a new site plan must he submitted displaying the information outlined in paragraph 168 of this agreement and must be approved by the City Council prior to any building being constructed. 3 Clause_(.d).of subparagraph A -1.) of paragraph-.24-of the subdivision- agreement is amended by adding the words numerals and letter "and paragraph 16A" after the numeral and letter "16E" in the first line thereof.. 4. The Subdivider shall pay the entire cost of constructing and installing an 18 -inch diameter storm sewermain and a 10 -inch diameter sanitary sewermain along the lands being part of block "B" according to Registered Plan M -61 designated as Part 1 on a Plan of Survey deposited in the Land Registry Office for the Land Titles Division of Niagara South (No 59) as Plan 59R -2414 together with all fittings, appurtenances connections to existing sewermains and all other associated works and the cost of television inspection of completed sewermains when such inspection is required by the Director of Municipal Works and the Subdivider further agrees the said 18 -inch diameter storm sewermain and the l0 -inch diameter sanitary sewermain shall be deemed for all purposes to be pare of "the works" as described in the subdivision agreement. 5 Subject to paragraph 6 of this agreement, the City agrees that notwithstanding the provisions of subclause iii) of clause (c) of subparagraph (1) of paragraph 24 of the subdivision agreement, building permits may be issued for the construction of buildings on Lot Nos. 22 to 84 inclusive and Lot Nos. 122 to 165 inclusive and Blocks "A "B "C "D "F" and "0" (referred to in paragraph 6 hereof as "the lands 6. The Subdivider hereby agrees, (i) to indemnify and save the City and each of its officers, servants and agents harmless from and against all loss, damage or injury to persons or property and all actions, suits proceedings, costs, charges, expenses, claims and demands which may arise or be incurred either directly or indirectly as a result of the issuance by the City of any building permits for the lands and the construction of any buildings on the lands before the installation of the works required to have been completed have been completed and approved by the Director of Municipal Works for the City, and (11) to waive and release and discharge the City and each of its officers, servants and agents, from any and all claims for loss, costs, damages, injuries and expenses which may arise or be incurred either directly or indirectly as a result of the issuance by the City of any building permit: for the lands and the construction of buildings on the lands before the installation SIGNED SEALED AND DELIVERED In the presence of 4 of the works required to have been completed have been completed and approved by the Director of Municipal Works for the City; and (iii) to be responsible for any and all additional costs and expenses of installing and constructing the works, which are or may arise either directly or indirectly as a result of the issuance by the City of any building permits for the lands and the construction of buildings on the lands before the installation of the works required to have been completed have been conq,leted and approved by the Director of Municipal Works for the City 7 All of the provisions of the subdillision agreement as amended, shall remain in full force and effect except as amended by the provisions of this agreement 8. The Subdivider and the City acknowledge and agree that it is their intent that all. the terms, conditions and covenants contained in this agreement shall be covenants that run with the land and that the burden of such covenants shall be binding upon the Subdivider, its successors and assigns and successors in title and owners from time to time of the lands and any part or parts thereof and that the benefit of the said covenants shall enure to the City, its successors and successors in title of all roads, streets and public lands forming part of or abutting on the lands and the said covenants shall continue in force tor a period of 20 years from the date of this agreement IN WITNESS WHEREOF the parties have hereunto affixed the coporate seals under the hands of their duly authorized proper officers. FEGAS INCORPORATED Per Per: THE CORPORA'T'ION OF THE CITY OF NIAGARA FALLS MAYOR DEPUTY CITY CLERK This is Schedule "A" to an Agreement dated the 6th day of July, .978 between Pegas Incorporated and The Corporation of the City of Niagara Falls All and Singular that certain parcel ur tract of Land and premises situate, lying and being in the City of Niagara Falls, in the Regional Municipality of Niagara and Province of Ontario and being composed of all of Lots Nos. 1 to 1N5 inclusive and Blocks 'A "B "C "D "F" and "0" all according to a plan registered in the Land Registry Office for the Land Titles Division of Niagara South (No 59) as Plan M -61. DATED April 27th, 1981 477098 ONTARIO INC. -and THE CORPORATION OF THE CITY OF NIAGARA FALLS A G R E E M E N T Harold R. Young City Solicitor City Hall Niagara Falls,Ontario No. ET 21557 Received at ttie land Registry Gillen, teed Titles Division for Niagara South (No.59) '81 flAY 25 P236 and entered in Parcel.,. S€ /nl_S� Mat C .0 52. at) LAND REGISTRAR r je /7. THE LAND TITLES ACT DATED* May 22nd, A.D. 1981 THE CORPORATION OF_THE CITY OF NIAGARA FALLS APPLICATION TO REGISTER NOTICE OF AN AGREEMENT Harold R. Young, City Solicitor, City Hall, Niagara Falls, Ontario. THE LAND TITLES ACT Application to Register Notice of an Agreement Section 78 To THE LAND REGISTRAR LAND REGISTRY OFFICE FOR THE LAND TITLES DIVISION OF NIAGARA SOUTH (NO. 59) THE CORPORATION OF TEE CITY OF NIAGARA FALLS being interested in the land entered in the Register for Section M -61 as Parcels 1 -1 to 4 -1 inclusive, 9 -1 to 23 -1 inclusive, 25 -1 to 28 -1 inclusive, 35 -1 to 42 -1 inclusive, 51 -1 to 58 -1 inclusive, 60 -1 to 68 -1 inclusive, 77 -1, 80 -1 to 102 -1 inclusive, 104 -1, 105 -1, 108-1 to 125 -1 inclusive, 127 -1 to 153 -1 inclusive, 155 -1, 156 -1 and 165 -1 of which 477098 Ontario Inc. is the registered owner hereby applies to have Notice of an Agreement dated the 27th day of April, 1981 made between 477098 Ontario Inc. and The Corporation of the City of Niagara Fella entered on the parcel register The evidence in support of this Application consists of: An executed copy of the original agreement. The address for service is The Corporation of the City of Niagara Falls, City Hall, Niagara Falls, Ontario. L2E 6E5 DATED at Niagara Falls, Ontario this 22nd day of May, 1981. THE CORPORATION OF THE CITY OF NIAGARA FALLS Harold R. Young/, City Solicitor. Per: THIS AGREEMENT dated the 27th day of April, A.D 1981 B E T W E E N 477098 ONTARIO INC., a company incorporated under the laws of the Province of Ontario Hereinafter called the "Company and THE CORPORATION OF THE CITY OF NIAGARA FALLS, "works") have not been completed and Hereinafter called the "City of the FIRST PART; of the SECOND PART WHEREAS by a subdivision agreement dated June 15th, 1977 between Pegas Incorporated and the City registered in the Land Registry Office for the Registry Division of Niagara South (No 59) on the 12th day of July, 1977 as No LT -7425, as amended by agreements between the same parties dated June 2lst, 1977, April 4th, 1972 and July 6th, 1978 (which subdivision agreement, as amended, is hereinafter called the "subdivision agreement the Subdivider agreed to make certain payments to the City in respect of the works described therein for the Westwood Village Extension II Plan of Subdivision (hereinafter called the Subdivision registered in the Land Registry Office for the Land Titles Division of Niagara South (No 59) as Plan M -61; and WHEREAS the works listed as Items 1 to 4 inclusive in Schedule "8 attached to Fur forming part of this agreement for the subdivision (hereinafter referred to as rho WHEREAS the cost of completing the works (including engineering fees) is now estimated to be $432,556 48 as shown in Schedule "B" attached hereto; and WHEREAS the unpaid balance of the cost of completing the works (including engineering fees) is now estimated to be $110,243.35 as shown in Schedule "3" attached hereto; and WHEREAS the City has made a demand upon Pegas Incorporated to pay the said unp.iid balance, pursuant to clause f of paragraph 21 of the subdivision agreement; and WHEREAS Pegas Incorporated has not paid the said unpaid balance Ln response to the City's demand; and WHEREAS the Company has agreed to purchase the land described in Schedule "A" attached to and forming part of this agreement (hereinafter called the "lands') from Heller Natofin (Ontario) Limited, the Mortgagee in possession of the lands under certain mortgages registered in the Land Registry Office for the Land Titles Division of Niagara South (No 59) as Nos LT -6696 and LT- 12773, registered on the 16th day of May, 1977, and the 28th dap of August, 1978, respectively; and WHEREAS_ the_Company_has_offered..to _pay the__City__the. balance -of -the cost of completing the works subject to the terms of this agreement NON THEREFORE in consideration of the City proceeding with a call for tenders foc part of the works and drawing the remaining $322,313 13 from the Letter of Credit of The Bank of Nova Scotia No 810;10892 dated July 7th, 1977 that was filed with the City by Pegas Incorporated under the terms of the subdivision agreement and depositing the said sum in a special interest bearing account towards the cost of completing the works 1 The lands affected by this agreement are described in Schedule "A" attached hereto 2 The Company consents to the registration of this agreement against the lands described in Schedule "A" attached hereto 3 The parties agree that the recitals hereinbe£ ore set out shall be included in and form part of this agreement 4 The Company agrees that it will pay to the City the entire cost of (i) constructing finished roads on all streets in the subdivision as well as on Pitton Road across the lands of Ontario Hydro Each of the said finished roads to include a roadway 28 feet in width, a levelling course of asphalt, a top or finished course of asphalt, mountable concrete curb and gutters on both sides and driveway ramps to all lots and blocks in the subdivision, all as set out in Item 1 of Schedule "B" attached hereto; and (ii) constructing concrete sidewalks 5 feet in width on both sides of all streets in the subdivision except Fairfield Court, Regent Court and Hampton Court as well sides of Pitton Road across the Ontario Hydro on the east side the subdivision walkways Schedule in the B of Kalar Road as it abuts and 10 feet subdivision attached hereto, as on both lands and the lands in in width on all pedestrian as set out in Item 2 of including supplying and installing a chain link fence on each side of the pedestrian walkways; and (iii) providing and planting tailored type ornamental trees along the front of all lots and blocks in the subdivision, such trees approximately 50 feet apart, and to be planted under the direction of the Director of Municipal Works for the City, in locations approved by him, as set out in Item 3 of Schedule "B" attached hereto; and (iv) an engineering and inspection fee for the items described in clauses (1), (i1) and (iii) of this paragraph 4 and in Items 1, 2 and 3 of Schedule "B" attached hereto, at 8 per cent (8%) of the actual cost of the said items as set out in Item 4 of Schedule "8" attached hereto; currently estimated to be $432,556 48 less the amount now held on deposit by the City in an interest bearing account for the works now in the amount of $322,313 13 set out in Item 5 of Schedule "B" attached hereto. 5 (a) On or before execution of this agreement, the Company shall pay to the City the sum of One Hundred and Ten Thousand Two Hundred and Forty -Three Dollars and Thirty -Five Cents ($110,243.35) being the balance of the current estimated cost of the works (such balance being the total of the current estimated coat of the works less the amount now held by the City on deposit in an interest bearing account for the works) as shown in Schedule "8" attached hereto, by filing with the City a letter of credit of a chartered Canadian bank in favour of the City in a form satisfactory to the City Manager in the amount of the said balance of the current estimated cost of the works and providing that drawings under the letter of credit shall be made on a branch of the said bank in the City of Niagara Falls No drawings shall be made on the letter of credit provided by the Company until the monies held by the City in the interest bearing account for the works arefirst exhausted (b) It is understood and agreed by the parties that the estimated cost set forth for the works are estimates only made on or about the date of this agreement and the City shall have the right to revise from time to time the estimates for any or all of the works and if such revised estimates show an increase in the estimated cost of any of the works, the Company shall Z1, pay to the City the amount of such increased cost before the City commences or proceeds with the construction of such works (c) The parties agree that when all of the works have been completed and their actual cost determined, an adjustment shall be made, and the City shall repay to the Company on demand the amount (if any) by which the money received by the City from the Company exceeds the balance of the actual cost of the works (such balance being the total of the actual cost of the works less the amount now held by the City on deposit in an interest bearing account for the works) and the Company shall pay the City on demand the amount (if any) by which the balance of the actual cost of the works exceeds the amount of money received by the City from the Company CABLE T.V, INSTALLATIONS 6 (1) For the purpose of this paragraph, (a) "Licensee" means the corporation or person holding a license from the Canadian Radio- Television Commission to provide cable television aervice in the area in which the plan of subdivision 1s situated; (b) Unless one or more of the following types of pedestals is or are specified, "pedestals" includes pedestals for household taps, pedestals for distribution amplifiers and pedestals for main trunk amplifiers; (c) "works" includes all cables, equipment and appurtenances other than pedestals. (2) The Company for itself, its successors and assigns and successors in title of the lands and each and every lot and block on the plan of sub- division covenants and agrees with the City that it and they will consent and do hereby consent to the installation on the tote and blocks and streets on the plan of subdivision of all pedestals and works required for providing cable television service for each lot and block within the plan of subdivision in accordance with the following regulations (a) Subject to such arrangements an to location and easements as may be made between the Company and the Licensee and subject to the approval of the Director of Municipal Works being first obtained, the Licensee shall have the option of installing its pedestals either in the rear yard of lots and blocks in the plan of subdivision or on the road allowance in front of such Lots or blocks; (b) Where pedestals for household taps are to be installed in rear yards,_ they may be installed above ground level; (c) Where pedestals for household tape are to be installed in front yards, or on the road allowance in front of Lots and blocks in the plan of subdivision they must be buried underground; (d) Where a pedestal for a distribution amplifier or a pedestal for a main trunk amplifier to to be installed on the road allowance front of a lot or block in the plan of subdivision on which a house has been built, the Licensee shall consult the owner of such lot or block and request such owner to atgn a form stating that he does not object to the proposed location of such pedestal. In the event that such owner does object to the proposed location of such pedestal, the matter shall be referred to the Council of the City who shall decide the location. ZONING AMENDMENTS 7 In the event of the Company its successors and assigns or successors in title of the lands described in Schedule "A" to this agreement requesting an amendment to the restricted area (zoning) by -law applicable to the said lands or any part thereof, the Company or the then registered owner of the lands to which the requested amendment applies may be required by the City to enter into a further agreement amending this agreement prior to the City Council enacting any such amendment; but nothing hereinbe£ore contained shall be deemed as the approval or consent of the City to any requested amendment or as the concurrence or agreement of the City to enact any by -law to give effect to any requested amendment. GRADING AND CLEARING OF LOTS 8 (a) The Company agrees to grade all lots described in Schedule "A" attached hereto from the street line to a point 25 feet back from the street line to grades approved by the Director of Municipal Works and to complete such grading for a distance of not less than 10 feet back from the street line before commencing the construction of any building on any such lot (b) The Company further agrees to grade the back yards of all lots described in Schedule "A" attached hereto in such a manner that there will be no accumulation of storm water or other surface drainage in back yards If, in the opinion of the Director of Municipal Works, such grading will not prevent the accumulation of atom water or other surface drainage in any area or areas the Company shall, at ice own expense, supply and install the City's standard back yard catch basins, whereever required by the Director of Municipal Works, and shall connect the same to the storm water system. If the Company shall fail to supply and install the said catch basins, pipes and appurtenances within 30 days after being requested to do so by the Director of Municipal Works, the City shall have the right to enter on the said lands with its servants, agents and contractors and carry out such work at the Company's expense and the cost thereof shall be included in the costs to be borne by the Company under this agreement (c) The Company agrees that before commencing the construction of any building on any lot described in Schedule "A" attached hereto, all trees which are not to be left growing and all tree stumps and brush on such lot shall be cleared from such lot and carried away and shall not be placed or burned on any other lands within the plan of subdivision The Company covenants and agrees with the City that it will not convey the lands described in Schedule "A" attached hereto or any part or parts thereof by wav of a deed or transfer, or grant, assign or exercise a power of appointment with respect to the said land or mortgage or charge the said lands or enter into an agree ment for the sale or purchase of the said lands or enter into any agreement that has the effect of granting the use of or right in the said lands directly or by entitlement to renewal for a period of twenty -one years or more unless the Company has first filed with the City the letter of credit in accordance with paragraph 5(a) of this agreement and if the Company shall make or enter into any conveyance, mortga charge or agreement or grant, assign or exercise any power of appointment in breach of the provisions of this paragraph the sum of $110,243.35 shall become due and shall be paid in cash forthwith by the Company tothe City on demand BUILDING PERMITS 10 (1) The Company acknowledges and agrees that no building permit shall be issued for the erection of any building or structure on any lands described in Schedule "A" attached hereto until such time as (a) The City has received the letter of credit required under paragraph 5(a) of this agreement; and 7 (b) The provisions of this agreement and By -law No. 75 -33 respecting the entitlement to building permits have first been complied with (2) In addition to the foregoing provisions, no building permit shall be issued for the erection of any building or structure on any lot described in Schedule-A until such time as (a) the grading of such lot from the street line to a point at least 10 feet back from the street line has been completed to the satisfaction of the Director of Municipal Works; and (b) all trees which axe not to be left growing and all tree stumps and brush on such lot shall have been cleared from such lot and carried away and not placed on any other loads within the plan of subdivision. (3) Building plans submitted to the Building Department for the constructing of houses with sunken garages shall indicate the proposed floor elevation of the sunken garage and also the elevation of the roadway adjacent to the garage The floor elevation of the sunken garage shall be a minimum of three (3) feet above the obvert of the storm sewer in cul -de -sac areas located on the upstream end of a storm sewer system. In other areas, the floor elevation of the sunken garage shall be a minimum of five (5) feet above the obvert of the abutting storm sewer In addition, backwater valves shall be placed on the storm sewer leads APPROVAL OF WORK BY DIRECTOR OF MUNICIPAL WORKS 11 All the work required hereunder shall be done and performed, and all material required for the said work shall be supplied to the spedi£ications and directions and to the satisfaction of the Director of Municipal Works of the City 12 The certificates of the Director of Municipal Works as to the actual cost of any work performed or materials supplied shall be conclusive ASSUMPTION OF STREETS 13 Until the City passes a by -law assuming the streets shown on Che plan, the Company, on behalf of itself, its successors and assigns including its successors in title of the lands in the said subdivision hereby releases and discharges the City from, and indemnities the said City from and against all actions, causes of actions, suits, claims and demands whatsoever, which may arise by reason of (1) any alteration of the existing grade or level or any street or streets, on the said plan, to bring the said grade or level in conformity with the grade or level required by the Director of Municipal Works; or (2) by reason of any damage to the lands abutting on any street or streets, shown on the said plan, or to any building erected thereon arising from, or in consequent, of any such alteration of grade or level; or (3) by reason of any damages or injurit (including death) to persona or damage to property occurring or arising on any street or streets on the said plan, however caused. COVENANTS TO RUN WITH LAND 14. The Company and the City acknowledge and agree that it is their intent that all the terms, conditions and covenants contained in this agreement shall be covenants that run with the land and that the burden of such covenants shall be binding upon the Company its successors and assigns and successors in title and owners from time to time of the lands described in Schedule "A" to this agreement and any part or parts thereof and that the benefit of the said covenants shall enure to the City, its successors and successors in title of all roads, streets and public lands forming part of or abutting on the said lands described in Schedule "A" and the said covenants shall continue in force for a period of 20 years from the date of this agreement. IN WITNESS WHEREOF the parties hereto have executed this agreement. SIGNED, SEALED AND DELIVERED In the presence of 8 477098 ONTARIO INC. President Vice-President Per: THE CORPORATION CITY OF NIAGA&k G.. OF THE.._.___, FALLS MAYOR DEPIP CLERK 1 SCHEDULE "A" to an Agreement dated April 27th, 1981 between 47098 ONTARIO INC and THE CORPORATION OF THE CITY OF NIAGARA FALLS ALL AND SINGULAR those certain parcels or tracts of land_ and_ premises __situate the City of Niagara Falls, in the Regional Municipality of Niagara, and being composed of all of Lots 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 35, 36, 37, 38, 39, 40, 41, 42, 51, 52, 53, 54, 55, 56, 57, 58, 60, 61, 62, 63, 64, 65, 66, 67, 68, 77, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102; 104, 105, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 155, 156 and 165, according to a Plan registered in the Land Titles Office for the Land Titles Division of Niagara South as Plan Number M -61 ITEMS 1 Roads and Streets 2 Sidewalks Finished road construction Including curbs and gutters on both aides of all streets within the subdivision and on Pitton Road across Ontario Hydro lands and also driveway ramps to street line to all lots and blocks in the sub- division. Sidewalks on the east side of Kalar Road abutting lands in the subdivision, on both sides on Fitton Road across Ontario Hydro lands and both sides of all streets within the subdivision except Fairfield Place, Regent Court and Hampton Court including cost of sidewalk and fence on all pedestrian walkways. 3. Street Trees 4 Engineering Costs Design fees for work to be constructed under itans 1 to 3 inclusive LESS 5 Amount held on deposit by the City for the costs of Items 1 4 inclusive BALANCE OF ESTIMATED COSTS TO BE PAID BY COMPANY ON EXECUTION OF AGREEMENT BY LETTER OF CREDIT SCHEDULE "E" to an Agreement Dated the 27th day of April 1981 477098 ONTARIO INC. THE CORPORATION OF THE CITY OF NIAGARA FALLS Estimated Costs 221,259.26 171,356.00 7,900.00 32,041.22 TOTAL ESTIMATED COSTS OF ITEMS 1 to 4 INCLUSIVE 432,556.48 S 110,243.35 between and 322,313.13 CITY OF NIAGARA FALLS By -law No. 2008 A by-law to authorize the payment of $24,399,525 09 for General Purposes. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: That the City Treasurer is hereby authorized and directed to pay the attached List of disbursements for the period beginning August 1, 2008 to August 20, 2008 Passed this eighth day of September 2008. DEAN IORPIDA, CITY CLERK R. T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading. September 8, 2008 September 8, 2008 September 8, 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_8`_ day. of September, 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 8 day of September, 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. Passed this eighth day of September, 2008. DEAN IORFIDA, CITY CLERK R. T (TED) SALCI, MAYOR First Reading: Second Reading: Third Reading: September 8, 2008 September 8, 2008 September 8, 2008