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Additions to Council, January 17, 2011 (2) ADDITIONS TO COUNCIL, MONDAY, JANUARY 17, 2011 Committee of the Whole 1. MW- 2011 -03 - Niagara Falls History Museum Lundy's Lane Battlefield Legacy Project Update a) Correspondence from Hon. Stephen Harper addressed to Gord West, Chair, Board of Directors for the Museum. b) Correspondence from Bob Gale. c) Correspondence from Ruth -Ann Nieuwesteeg, Chair Main and Ferry BIA 2. TS- 2011 -08 - Transit Adjustments to Service the New Wal- Mart/Service Centres Plaza - Oakwood Drive. a) Correspondence from Salima Rawji, Smart Centres. COUNCIL Planning 1. PD- 2011 -03 - Sign By -law Amendment Application Permit an Electronic Video Sign that Exceeds the Regulations in the By -law a) Email from Deborah Chambers Sustrum 2. PS- 2011 -06 - 26T -11- 2009 -01 & 2009 -030, Fernwood Phase Draft Plan of Subdivision a) Correspondence from Hugh Fyffe, Project Manager, Ministry of Transportation. b) Copy of City Clerks email to Jean Grandoni Reports 1. TS- 2011 -07 - RFP for On- Street Recycle Receptacle Bins and Pedestrian Barriers a) Memo from City Clerk Resolutions Additional Resolutions 1. THEREFORE BE IT RESOLVED that the Niagara Music & Arts Expo in Downtown Niagara Falls in February and March, 2011 is a community festival deserving of City Council support. 2. THEREFORE BE IT RESOLVED that Niagara Falls City Council supports a stadium endorsement for all events to be held in the 1,000 seat theatre at the Scotiabank Convention Centre. BY -LAWS 1. 2011 -11 A by -law to authorize the execution of a Lease and Operating Agreement with Niagara Convention and Civic Centre Inc., respecting the lease and operation of the Niagara Convention and Civic Centre. * * Please note reproduced are the sections of the agreement that have changed from the original version. Additional Information 1. Passed Resolutions on previous Niagara Health System Investigations. 'a 'YIX.t' 1 3.'`...:'': May 28, 2010 Mr. Gord West Chair, Board of Directors Niagara Falls History Museum 5049 Victoria Avenue Niagara Falls, ON L2E 4E2 Dear Mr. West: I would like to express my appreciation for the warm welcome and kind hospitality I received during my recent visit to Niagara Falls. I was very pleased to be on hand to officially break ground on the renewal and expansion of the Niagara Falls History Museum. I share your enthusiasm for the preservation of the Niagara region's rich heritage, and I very much enjoyed learning about the specific improvements the facility will undergo. In particular, I am gratified that our disabled veterans will now be able to access the display of artefacts that bring to life the Battle of Lundy's Lane, and, indeed, an entire era. On a personal note, I would like to commend your commitment to this project. Also, my staff members tell me that you worked tirelessly to ensure my successful participation in the day's events. I am grateful for your help and cooperation. Once again, thank you for your support. Sincerely, '' ':; f t f` t- " t- y The Rt. Hon. Stephen Harper, P.C., M.P. Prime Minister of Canada /sew HEAD OFFICE: Commercial 4388 Portage Rued Industrial GALES Niagara Falls, Ontcrcc Farm L2E 6A4 Horne Phone: 905-356-482C Transportation Petroleum Products 905-687 -491 b Wholesalers and Retailers Fax: 905-356-4600 January 14, 2011 Don Jackson C/O Board of Museums — City of Niagara Falls Re: Battlefield Bridge over Lundys Lane Don: As a result of your efforts, my family has agreed to be the major private donor to the new Museum project and you have honoured us with the "Gale Family War of 1812 Visitor Centre ". When we met a few years ago about the idea of this project I was particularly pleased with the thoughts of tying together both sides of the Battlefield with a "walkway bridge" over Lundys Lane. I felt that this would serve in a number of ways. It would bring attention to tourists and students of the new museum, it would be a great way to tie in both sides of the battlefield, it would provide safe travel across the busy street for the people and it may inspire citizens and businesses to invest in the Main and Ferry area. Please understand that I have no land or business interests in that area at all and will only benefit from this knowing it has helped our City. One of the criteria I had for my family donating to this project was that you showed me that students would be inspired to learn more of our War of 1812 past and I strongly believe this Bridge is necessary. Good luck with this project. I am available for any comments or questions. Sincerely, R. D. (Bob) Gale. January 13, 2011 The Board of Museums Niagara Falls, Ontario To Whom It May Concern: As a member of the Museum Bridge Committee and a member of the Main and Ferry Business Improvement Area, I would like to go on record supporting the E.A. process for the Gateway /Walkway Bridge. Along with members from the Region of Niagara. The Lundy's Lane BIA, The City of Niagara Falls, The Drummond Hill Presbyterian Church and the Board of Museum, we met on several occasions to discuss the project and unanimously supported the building of the bridge. Although it won't be physically located within the Main and Ferry boundary, it is part of the overall Battlefield project which is within our boundary area. I believe the Battlefield project will economically benefit the area with increased visitation during the Bicentennial. The bridge will address the safety issue of people trying to cross Lundy's Lane in unprotected sections of the extremely busy roadway. Time is definitely of the essence to moving this project forward because the Gateway /Walkway Bridge should be in place by the start of the Bicentennial in June 2012. S ' c ely » Ruth-Arm Nieuwesteeg Chair Main and Ferry BIA !Centres 700 Applewood Crescent, Vaughan, ON, L4K 5X3 Telephone (905) 760 -6200 Fax (905) 760 -6201 January 17 2011 Mayor and Council Members City of Niagara Falls 4310 Queen Street Niagara Falls, Ontario Re: Transportation Adjustments to service new WaI Mart/SmartCentres, Oakwood Drive Dear Mayor and Council Members This letter concerns the proposed service adjustments in order to serve the Wal -Mart and SmartCentres shopping centre on Oakwood Drive. We respectfully ask Council to approve the proposed transit route adjustment plan as outlined in the staff report dated January 17, 2011. We believe that not only is it important to serve this new retail shopping centre with transit but that it is also important to maintain the level of service currently enjoyed by the Wal -Mart consumers and employees at the Dorchester Rd location. The Wal -Mart on Dorchester Rd, will be re- located to the Oakwood Drive location on January 21 2011. The new location will employee hundreds of Niagara Falls residents. These residents and the customers they serve rely on transit to get to work, and complete their shopping. Smart Centres is excited to have the site served by transit. Shelters, concrete sidewalks, and traffic lines have all been planned around the transit route. If the proposed route is not accepted, this detailed planning will have been for not. We would like to reiterate our support for the proposed transit route adjustment plan, and look forward to a successful opening of the Smart Centres on Oakwood Drive. Your ruly- Salima Rawji Associate, SmartCentres 700 Applewood Cres, Suite 100 Vaughan, Ontario L4K 5X3 (905) 760 -6200 x 7958 srawji@smartcentres.com (1/13/2011) Peggy Boyle - Fwd: Meeting Jan. 17th Page 1 From: Gwen Donofrio To: Peggy Boyle Date: 1/13/2011 4:18 PM Subject: Fwd: Meeting Jan. 17th Attachments: deborah.vcf Peggy, I'm not sure if you would want this attached to the report. But I'm thinking the agenda is probably already done by now. I'll check. Otherwise, I suppose it could be a hand out. Let me know. Gwen »> Deborah Chambers Sunstrum <deborah(asunstrums.ca> 1/13/2011 4:13 PM »> To Whom It May Concern: I planned on attending the meeting Jan. 17th in support of the application for the amendment to the size of the sign on the side of Dr. McCullough's dental office. The property is located at 3690 Portage Rd. here in Niagara Falls. However, my schedule will not accommodate. The following are my thoughts on this application for adjustment to original zoning by -laws regarding size of the signage. I recently had the opportunity to view the sign that faces out towards Sobey's and see no reason why anyone would have any problem with the recently installed signage. The sign is esthetically appealing and informative. It would be very difficult to read if it was made to fit into the originally zoned 1.8 sq m space. I own a home on Keith St. with a view of the opposite side of Dr. McCullough's office. The sign does not affect my tenant in any way. I give full approval to this application for adjustment to approve the 5.02 sq m, larger than zoned signage. Regards, Deborah Chambers Sunstrum Ministry of Ministers des 1 Ontar Transportation Transports Region du Centre Central Region section de gestion des couloirs routiers Corridor Management Section 1201 avenue Wilson 1201 Wilson Ave. 7e stage, edifice D 7 Floor, Bldg. D Downsview. ON M3M IJ8 Downsview, ON M3M 1J8 Tel: 416 235 -4572 Tel.: 416 - 235 -4572 Telec:416 235 -4267 Fax.: 416 - 235 -4267 Email: hugh.fyffe @ontario.ca Email: hugh.fyffe @ontario.ca January 13, 2010 Mr. Alex Herlovitch Director of Planning & Development 4310 Queen Street P.O. Box 1023 Niagara Falls, ON, L2E 6X5 Re: Draft Plan of Subdivision — File # 26T -11- 2009 -01 Fernwood Phase 3 West of Garner Road, North of Lundy's Lane Owner: 800 Ontario Limited (Fred Costabile) City of Niagara Falls Dear Mr. Herlovitch: Further to faxes on October 09, 2008 and November 13, 2008 from MTO to yourself regarding the referenced subdivision, the ministry has completed its review of the above application. Our review is in accordance with the requirements of our controlled access highway policies and criteria and the Public Transportation and Highway Improvement Act and we offer the following comments for your information. Please be advised that the MTO, under the authority of the Public Transportation and Highway Improvement Act, will not allow Lot 53 to Lot 96 inclusive, Lots 1 to 7 inclusive, as well as any roadway, feature, structure or amenity associated with or belonging to the proposed subdivision to be located within the corridor labelled `Controlled Access Highway' shown on the Draft Plan of Subdivision. Further, the Public Transportation and Highway Improvement Act provides the MTO with the authority and control to maintain a 14m setback from the `right -of -way' of all `designated' controlled access highway corridors. The 14m setback applies to all structures above and below ground, as well as any proposed feature or amenity deemed essential to the operation of the site. These features include but are not limited to parking spaces required by municipal by -law, fire routes, loading dock, municipally assumed /private roads and /or servicing etc. 2 Please note that the Future Highway 420 corridor shown on the Draft Plan of Subdivision (October 20, 2009) as `Controlled Access Highway...' was designated by an Order in Council on February 16, 1978. When a highway or corridor is designated as a `Controlled Access Highway' under the Public Transportation and Highway Improvement Act, the Act necessitates that all structures be setback a minimum distance of 14m from the it's 'right of way' to provide flexibility for future highway needs. Yours sincerely, Digitally signed by Hugh Fyffe Hugh Fyffe p mT C o N ; A 05 00 Hugh Fyffe Project Manager (1/17/2011) Dean lorfida - Re: Fernwood Subdivision Phase Three -- Request to speak at Council Jan. 17,2011 Page 1 From: Dean Iorfida To: resourcesfirst- jeangrandoni @niagara.com CC: Alex Herlovitch; Ken Beaman; Ken Todd; Teresa Fabbro Date: 1/12/2011 1:19 PM Subject: Re: Fernwood Subdivision Phase Three -- Request to speak at Council Jan. 17,2011 Hi Jean: Thank you for your email and congratulations on the computer. As staff has articulated to you in the past, we are of the opinion that once the statutory public meeting under the Planning Act has occurred and been closed, no further oral deputations should be entertained. Nonetheless, your email and previous correspondence are part of the agenda for January 17th and Council can decide as they see fit. Sincerely, Dean Dean Iorfida, City Clerk Niagara Falls 905 - 356 -7521, Ext. 4271 905 - 356 -9083 (Fax) »> "Jean Grandoni" < resourcesfirst jeangrandoni@niagara.com> 1/12/2011 12:47 PM »> Dear Mr. Iorfida: Please be advised that I request to speak to the City Council on the above matter on Mon. Jan 17, 2011 . Yours truly, Jean Grandoni RR #1 Garner Rd. Niagara Falls, Ont. L2E 6S4 905 - 356 -2962 Clerks Department Inter - Department Memorandum TO: Mayor James M. Diodati DATE: January 17, 2011 & Members of City Council FROM: Dean Iorfida City Clerk Ext. 4271 RE: 12 Existing Locations of Garbage Receptacles and Hand Rails Report TS- 2011 -07, RFP for On- Street Recycle Receptacle Bins and Pedestrian Barriers mentions 12 existing locations for the receptacles and handrails. They are: Hand rails are at Victoria and Bender (3) Victoria and Centre st (2) Victoria at Roberts /420 (3) Current Locations and quantities of Waste Receptacles: Queen Street in front of the "Court House" - quantity: 1 Centre Street at Victoria Avenue - quantity: 2 Stanley Avenue at Victoria Avenue - quantity: 1 Ferry Street - quantity: 2 Lundy's Lane at Dorchester Road - quantity: 1 Working Together to Serve Our Community (1/14/2011) Dean lorfida - Niagara Music & Arts Expo 2011 - presented by Rick Rose Page 1 From: "Rick Rose" <rickrose.ent @cogeco.ca> To: "Dean lorfida" <diorfida @niagarafalls.ca >, "Bob Bolibruck" <bbolibruck @n... CC: "Rick Rose" <rickrose.ent @cogeco.ca >, "Don Weaver" <dweaver @gpspursuit.c... Date: 1/13/2011 11:06 AM Subject: Niagara Music & Arts Expo 2011 - presented by Rick Rose Hello Dean I've attached a outline of a Music & Arts Expo that I plan to bring to Queen Street. With my many years of experience in the Music Business this seems to be a very logical event for our community. Would you be able to bring this forth to Monday's City council meeting to see if I can get the City's support and approval to run this Music & Arts Expo. If there is anything else you require please let me know. Sincerely Rick Rose General Manager Niagara Institute Of Music & Arts Registration Office 905 357 7653 Direct School Line 905 357 2284 Personal Cell 905 341 5535 Email rickrose.ent @cogeco.ca (1/14/2011) Dean lorfida - Niagar Music Expo Letter for City Council Rick Rose -2.doc Page 1 p IN (7-' \ T z I f * ,,tom l* S/C Rick Rose Niagara Institute Of Music & Arts 4700 Epworth Circle Niagara Falls , Ontario January 12, 2011 Dear Councilors and Mayor Diodati, The Niagara Institute of Music would like to hold the first annual Niagara Music & Arts Expo in Downtown Niagara Falls. This Expo will run for 6 consecutive weekends beginning February 2011 until the end of March 2011. We have reached and agreement with Historic Niagara to hold the Expo at 4555 Queen Street. This premier Music & Arts Expo will showcase all local talent with various international Musical guests invited as special guest appearances. For example Actor /Singer "Louis Vanaria" , the actor in 'A Bronx Tale , Sopranos Boardwalk Empire" , he will perform on the Jazz Night. The entire 6 week event will have live painters painting their works of art on their canvas during only the 6 Music Expo theme nights. The entire Expo will be streamed live to the Internet so it will be viewable on a global platform with an online voting system with local celebrity judges. Following is a brief description of how the Expo will be presented and the various themes which will be showcased each weekend. Niagara Music & Arts Expo 2011 Expo of Musical Genres_ Sat Feb 19 Blues Night Sat Feb 26 Country Night Sat March 5 Hip Hop Night Sat March 12 Heavy Metal Night Sat March 19 Folk Night Sat March 26 Jazz Night Battle Of The Bands Friday Nights from Feb 18 till March 28 9:00 pm -1:00 (1/14/2011) Dean lorfida - Niagar Music Expo Letter for City Council Rick Rose -2.doc Page 2 4 p INS, .. _d i P, U s r e ANO ' 25 Band Entries Singer Songwriter ( Solo or Duo) Competition Sunday Afternoons Feb 20 till March 13 5:OOpm — 8;OOpm 18 Singer Songwriter Entries Solo Instrumental Guitar God Battle Sunday Afternoons Feb 20 till March 13 1:OOpm — 5;OOpm 24 Guitar Player Entries Junior Battle Of The Bands Saturday Afternoons Feb 18 till March 28 1:OOpm — 5:00 25 Band Entries The expo will be revenue generating using the gate receipts and bar profits to pay for the entertainment, prizes and rental of the venue. Niagara Institute of Music has already done considerable research in soliciting the participants for each theme and we have had an overwhelming response from interested performers. This will give the local talent and our future entertainers a springboard to launch their musical careers and share the great talent coming form the Niagara Region. Since February and March is typically a slow period on Queen Street we feel that this will bring much need awareness to the revitalization and help make the Downtown area to be recognized as a progressive arts and cultural district. We have discussed the Expo, in detail with the Downtown BIA and have their full support. Celebrate Old Downtown has also agreed the assist us in anyway possible. Since there will be no cost to the city, we kindly request the approval and support of City Council for the Expo. Sincerely, Rick Rose Niagara Institute of Music & Arts Community Festival (Sale) The event must be designated as a Community Festival by a resolution of the municipal council or a delegated municipal official and are to be conducted by a charity, non - profit corporation, organization or association for the advancement of charitable, educational, religious or community objects. The permit must include a letter from the municipal council, the municipal clerk or delegated official designating the event as a Community Festival (applicants for Community Festivals are the same as for Fundraising events). xa P L car , caa The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS Downtown Niagara Falls has witnessed increasing revitalization over the last few years; and WHEREAS a component of the Downtown revitalization has been arts, music and cultural events; and WHEREAS the Niagara Institute of Music & Arts is proposing the Niagara Music & Arts Expo (the "Expo ") for six consecutive weekends in February and March; and WHEREAS the Expo will be held at 4555 Queen Street; and WHEREAS 4555 Queen Street is appropriately zoned for an event of this kind; and WHEREAS to obtain a Special Occasion Liquor Licence, for six consecutive weekends, from the Alcohol & Gaming Commission of Ontario (AGCO), the event requires a resolution of Council recognizing it as a Community Festival; and WHEREAS this event will provide needed exposure to the Downtown in a traditionally slow time of the year. THEREFORE BE IT RESOLVED that the Niagara Music & Arts Expo in Downtown Niagara Falls in February and March, 2011 is a community festival deserving of City Council support. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR "C P II 1111 11 LAW c or .4 114111 NIAC FALL The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS the Scotiabank Convention Centre will open in Niagara Falls in April 2011; and WHEREAS the 288,000 square foot facility will be an additional component in making our community a world -class tourist destination; and WHEREAS among the facilities in the Scotiabank Convention Centre will be an approximately 1,000 seat theatre; and WHEREAS the theatre will host live entertainment events where the majority of patrons at the event will be over 19 years of age; and WHEREAS it would be an added amenity to allow for the service and consumption of alcoholic beverages in the theatre's seats; and WHEREAS to obtain a Stadium endorsement from the Alcohol & Gaming Commission of Ontario (AGCO), to allow alcohol service and consumption in the seated area of the theatre, a resolution of Council is necessary. THEREFORE BE IT RESOLVED that Niagara Falls City Council supports a stadium endorsement for all events to be held in the 1,000 seat theatre at the Scotiabank Convention Centre. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR CITY OF NIAGARA FALLS By -law No. 2011 - A by -law to authorize the execution of a Lease and Operating Agreement with Niagara Convention and Civic Centre Inc., respecting the lease and operation of the Niagara Convention and Civic Centre. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Lease and Operating Agreement made between The Corporation of the City of Niagara Falls as Landlord and Niagara Convention and Civic Centre Inc. as Tenant, respecting the lease and operation of the Niagara Convention and Civic Centre, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Lease and Operating Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Lease and Operating Agreement. Passed this seventeenth day of January, 2011. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: January 17, 2011. Second Reading: January 17, 2011. Third Reading: January 17, 2011. (1/13/2011) Dean lorfida - Fwd: NCCC Page 1 From: Dean Iorfida To: Subject: Fwd: NCCC »> Ken Beaman 1/13/2011 9 :37 AM »> Dean: Here is the e -mail I have prepared. The form of agreement attached to the January 17, 2011 agenda differs from the form of agreement attached to the January 13, 2010 agenda. I thought that the form could be clarified by making certain revisions to it. these revisions can be found in these sections: 7.2.1 7.2.2 7.3.2 8.2 11.4 15.1 (m) and (n) The amendments are intended to simplify the operation and application of the administration of the Convention and Civic Centre. -16- 4. So long as the Tenant is not in default, the Tenant may from time to time remove its chattels in the ordinary course of business provided that the Tenant's Chattels shall, at the sole discretion of the Landlord, become the property of the Landlord upon the expiration of the Term, upon default or upon termination of the Lease. 7.2 Maintenance and Repair of the Project A. The Tenant shall, at its own cost and expense, during the entire Term, keep in good order and condition the Project, and the appurtenances and equipment thereof, both inside and outside, including fixtures, landscaping, pavement, curbs, walls, foundations, roofs, vaults, elevators and similar devices, heating and air - conditioning equipment, sidewalks on the property, yards and area ways, water and sewer mains and connections, water, gas and electric pipes and conduits, and all other fixtures in and appurtenances to the Lands and Improvements and machinery and equipment used or required in the operation thereof, whether or not enumerated herein, and shall make any and all necessary repairs, replacements, substitutions, improvements and additions, ordinary or extraordinary, foreseen or unforeseen, structural or otherwise, subject to reasonable wear and tear and Force Majeure. Such repairs shall be completed in a good and workmanlike manner and in all respects consistent in quality and workmanship appropriate for a similar project in the vicinity, and shall meet the requirements of municipal or governmental regulations and the fire insurance underwriters. �2. The Tenant shall maintain a capital reserve fund calculated to ensure that the Tenant has funds in hand to discharge the requirements of Article 7.2.1 7.3 Inspection by Landlord 1. The Landlord, its servants, agents and contractors shall be entitled to a constant right of inspection, that is, to enter upon the Project at any time, for the purpose of inspecting the Project. The Tenant shall not be entitled to compensation for any inconvenience, nuisance or discomfort occasioned thereby. The Landlord shall take reasonable precautions and attempt to schedule such inspections so as not to unreasonably interfere with the operation of any aspect of the business of the Project and to minimize interference with the Tenant's use and enjoyment of the Project. �. The Landlord shall have the right, on reasonable notice, to inspect the books and records of the Tenant for the purpose of satisfying any request made to the Landlord by the Federal Government pursuant to the Canada Strategic Funding Agreement between Her Majesty in Right of Ontario and The City of Niagara Falls relating to the Project and dated June 13, 2008. -18- ARTICLE 8 USE, COMPLIANCE WITH LAWS 8.1 Use The Tenant covenants that the Improvements shall be used for the Niagara Convention and Civic Centre. /.2 Compliance with Laws The Tenant covenants that at all times the use made of the Improvements shall be in conformity with all of the requirements of the Zoning By -law, all applicable Environmental Laws and any other Laws and Regulations which may affect the Lands and Improvements. The Tenant shall comply with all police, fire and sanitary regulations imposed by any municipal or provincial or federal authorities or recommendations or requirements made by fire insurance underwriters, and observe and obey all Laws and Regulations and the terms of any Government Authorizations governing the conduct of any businesses carried out on the Lands and Improvements or with respect to the use of the Lands and Improvements. ARTICLE 9 INDEMNITY 9.1 Indemnification 1. The Tenant shall: (a) indemnify and save harmless the Landlord against and from all Claims by whomsoever made, brought or prosecuted; and (b) pay to the Landlord on demand, the amount of any Losses incurred by the Landlord; in either case in any manner based upon, arising out of, related to, occasioned by or attributable to: (i) any failure by the Tenant to perform any of the Tenant's Obligations under this Lease; (ii) any intentional wrongdoing or negligent act or omission in relation to the Premises by the Tenant or any Person for whom the Tenant is in law responsible; or -22- (e) 1 representative designated by the tourism industry ofNiagara Falls nominated by the Board of Management of the Victoria Centre Business Improvement Area; (f) 6 representatives designated by the tourism industry of Niagara Falls nominated by the Board of Management of the Fallsview Business Improvement Area; (g) 1 representative designated by Niagara Falls Tourism; (h) A thirteenth member to be appointed as soon as practicable. 11.3 Rules of Procedure for Board Meetings Throughout the Term of this Agreement, the Tenant shall provide the Landlord with a written copy of its current rules of procedure for its Board meetings, as are promulgated by the Tenant's Board from time to time. 4 1.4 Books and Records 1. The Tenant shall maintain such proper and accurate books and records as are reasonable for a business of comparable size and complexity as the Project. 2. The Landlord shall have access to the books and records described is sub - section 11.4.1 of this Agreement, upon reasonable notice. 3. The Landlord shall have the right to audit the books and records described in sub- section 11.4.1 of this Agreement. ARTICLE 12 ASSIGNMENT AND SUBLETTING 12.1 No Assignment The Landlord and the Tenant acknowledge and agree that the benefits and burdens of this Lease cannot be assigned, sublet, or otherwise conveyed to any third party. 12.2 Sublet with Authorization The Tenant shall be permitted to sublet portions of the building which forms a part of the Project subject to the written authorization of the Landlord, which authorization shall not be unreasonably withheld. The Application of this clause is restricted to transactions and agreements that grant or have the effect of granting a right to occupy part or all of the Project for a period of more than 3 (three) consecutive months. -28- transaction or endeavour other than the design, construction, management, maintenance or operation of the convention centre; (ix) enters into any partnership, joint venture or other business venture that would involve the expenditure or investment of funds by Niagara Convention and Civic Centre Inc. outside the normal course of business; (x) makes loans, enters contracts or provides financial support to any Person not at arm's length to any officer, director or employee of itself and any Person who is a member of any Business Improvement Area that contributes to the operation and maintenance of the Niagara Convention and Civic Centre on terms more favourable than those available to the general public; (xi) makes any one time expenditure greater than two million dollars ($2,000,000.00) (the method of calculation and estimation of the expenditure to be at the discretion of the Landlord acting reasonably); A m) Fails to maintain or fails to adequately fund the capital reserve fund required in Article 7.2.1 of this Agreement. /(n) Fails to reasonably maintain or provide reasonable access to the books and records described in Article 11.4.1 of this Agreement. in the absence of the express written consent of the Landlord, which shall not be unreasonably withheld. 15.2 Remedies of Landlord Upon the occurrence of a Tenant Default, the Landlord may by notice to the Tenant, (a) The Landlord may terminate this Lease by giving thirty (30) days' notice to the Tenant. (b) If the Tenant is in default under this Lease by reason of the failure to pay any amount due to a Person other than the Landlord, the Landlord may (without obligation to do so) make payment on behalf of the Tenant of such amount. Any amount so paid by the Landlord shall be payable by the Tenant to the Landlord on demand. (c) The Landlord may cure or attempt to cure the Tenant Default (but this shall not obligate the Landlord to cure or attempt to cure a Tenant Default or, after having commenced to cure or attempted to cure a Tenant Default, to continue to do so) and all costs incurred by the Landlord in curing or attempting to cure the Tenant Default shall be payable by the Tenant to the Landlord on demand. No such action by the Nia ara alls CANADA DA August 6, 2010 The Honourable Deb Matthews, Minister of Health & Long -term Care Hepburn Block, 10th Fir 80 Grosvenor St Toronto ON M7A2C4 Dear Minister: Re: Ontario Health Coalition Recommendations At their most recent meeting, Niagara Falls City Council heard a presentation from representatives of the Niagara Health Coalition regarding the Ontario Health Coalition's recent report, Towards Access and Equality. Niagara Falls City Council adopted a resolution put forward by the Coalition, listed below. The resolution is in keeping with a similar resolution passed by the Council in 2009 calling on the cabinet to appoint an investigator under the Public Hospitals Act to investigate and report on the Niagara Health System. The resolution reads: WHEREAS the Ontario Health Coalition, has released, on Monday, May 17, 2010, a 92 -page report on small and Rural Hospital Services across Ontario, the result of hearings in twelve such communities across the Province, including south Niagara, undertaken by a panel of healthcare and health policy experts; and WHEREAS this report confirms the serious concerns expressed in various resolutions passed by the Councils of Welland, Fort Erie, Port Colborne, Niagara Falls, Pelham and Thorold, in reference to the effects of hospital restructuring under the Niagara Health System's Hospital Improvement Plan; and WHEREAS the leadership of the NHS, the HNHB LHIN and the MOHLTC has not heretofore responded to these concerns; and WHEREAS the Niagara Health System by continuing to implement its restructuring plan without first evaluating its impact to date on patient care and access to hospitals will make further cuts to hospital services and be,• s Niagara Falls, St. Catharines and Welland and ad affect more - than 300,000 resi• Clerks Department Ext 4271 Fax 905 - 356 -9083 diorfida ©niagarafalls.ca 4310 Queen Street, P.O. Box 1023, Niagara Falls, ON Canada L2E 6X5 905 - 356 -7521 www.niagarafalls.ca -2- THEREFORE BE IT RESOLVED THAT Niagara Falls City Council endorse the following recommendation of the Ontario Health Coalition's report of May 17, 2010, Towards Access and Equality: Realigning Ontario's Approach to Small and Rural Hospitals to Serve Public Values, as follows: • The Provincial government must send an investigator under the provisions of the Public Hospitals Act to investigate serious complaints and unresolved issues in the Niagara Health System and to act quickly on his /her recommendations in order to improve the quality of management, patient care and access to hospital services throughout Niagara. Your consideration of the above resolution is respectfully requested. S'. cerely, Dean Iorfi a City Clerk c. Kim Craitor, M.P.P., Niagara Falls Sue Hotte, Niagara Health Coalition Working Together to Serve Our Community ' I ` 'HI S CITY OF [AMC!. ' - N IAGARA is The City of Niagara Falls, Ontario Resolution November 30, 2009 No. 40 Moved by Councillor Ioannoni Seconded by Councillor Thomson WHEREAS the Niagara Health System ( "NHS ") has a long- standing sanction by the Ontario Nurses Association; and WHEREAS in October 2008, the NHS suffered a non - confidence vote by its medical staff association; and WIIEREAS the NI -IS has continued to operate at a deficit; and WHEREAS the Hospital Improvement Plan for the NHS calls for the elimination of essential services, such as maternity and pediatrics, at the GNGH site; and WHEREAS scheduling actions at the Greater Niagara General Hospital (GNGH) Emergency Room (ER) Department has lead to the exodus of several dedicated, long- serving emergency physicians; and WHEREAS the Ontario Medical Association Section on Emergency Medicine and the Emergency Physicians of Ontario has provided a review of the GNGH Emergency Department and determined that the Niagara Falls community is unlikely to see stable Emergency Physician staffing for years to come, with continuous risk of imminent department closure. THEREFORE BE IT RESOLVED that Niagara Falls City Council hereby requests, as per section 8.1 of the Public Hospitals Act, that the Lieutenant Governor in Council step in and appoint an investigator to investigate and report on the quality of the management and administration at the Niagara Health System; and FURTHER BE IT RESOLVED that copies of this resolution be forwarded to the Premier, Dalton McGuinty, the Minister of Health and Long -Term Care, the Honourable Deb Matthews, Kim Craitor, M.P.P., Niagara Falls, and Area Municipalities. Carried Unanimously AND The Seal of the Corporation be hereto affixed. JLC)e EAN IOJLA R. T. (TED) SALCI CITY CLERK MAYOR