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2012/06/12COMMITTEE OF THE WHOLE AGENDA SEVENTH MEETING Tuesday, June 12, 2012 5:45 p.m. City Hall, Committee Room #2A & B 1) Approval of the May 29, 2012, Committee of the Whole minutes. 2) REPORTS: STAFF CONTACT: a) CD- 2012 -06 Requests Related to the Niagara Falls Armoury Dean Iorfida 3) NEW BUSINESS: 4) ADJOURNMENT: MINUTES OF COMMITTEE OF THE WHOLE Tuesday, May 29, 2012 Committee Room 2, 4:00 P.M. All members of Council were present and Councillor Gates, Councillor Maves and Mayor Diodati arrived after the approval of the minutes. Councillor loannoni chaired the meeting. 1) MINUTES: a) MOVED on the motion of Councillor Morocco, seconded by Councillor Pietrangelo that the minutes of the May 8, 2012 Committee of the Whole meeting be approved. Motion: Carried Action: Recommendation submitted to Council May 29 *, 2012. 2) REPORTS: a) TS- 2012 -22 Portage Road Speed Control Follow Up Review Janice Ane, resident in the area, expressed concern with the amount of noise from the hump, especially when trucks go over them. Ms. Ane expressed that she was never opposed to the speed humps but never imagined the amount of noise that would come from having them installed. Bev Hodgson, a resident, indicated that although there is some noise associate dwith the humps it is preferable to the speeding that had occurred. She reminded Council that there is a heavy vehicle restriction on Portage Road that needs to be enforced. John Ferguson, resident, lives in very close proximity to one of the speed humps, he believes the speed humps are needed for general safety in the area . MOVED on the motion of Councillor Thomson, seconded by Councillor Wing that staff be directed to modify the southern traffic hump on Portage Road, that additional signage and heightened pavement markings be incorporated and that the Niagara Regional Police be requested to enforce the no heavy vehicle restriction on Portage Road. Motion: CARRIED Action: Recommendation submitted to Council, May 29, 2012. b) R &C- 2012 -12 - Ice Rental Rates - 2012 -2013 & R &C- 2012 -11 - Sport Tourism Policy MOVED on the motion of Councillor Morocco, seconded by Councillor Kerrio that report R &C- 2012 -12 and R &C- 2012 -11 be dealt with in open Council. Motion: CARRIED Action: Recommendation submitted to Council, May 29, 2012. -2- 3) NEW BUSINESS: a) MOVED on the motion of Councillor Wing, seconded Councillor Thomson that the Solicitor review the inter - municipal Niagara District Airport Commission agreement with regard to the role of the Liaison Committee. Motion: CARRIED Action: Recommendation submitted to Council, May 29, 2012. 4) ADJOURNMENT: MOVED on the motion of Councillor Morocco, seconded by Councillor Mayes that the meeting be adjourned at 4:30 and Council move In Camera. Motion: CARRIED CD- 2012 -06 Niagarapalls June 12, 2012 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Committee of the Whole City of Niagara Falls, Ontario SUBMITTED BY: Clerks Department SUBJECT: CD- 2012 -06 Requests Related to the Niagara Falls Armoury RECOMMENDATION That Council adhere to its 2010 decision requiring a review of the long term viability of the Niagara Military Museum (NMM) at the end of their lease (March 31, 2013); and That the unsolicited proposal by the Niagara Veterans Association (NVA) be received by Council; and That the two organizations be directed to come up with an amicable arrangement. EXECUTIVE SUMMARY The former Armoury has been a building in the City's inventory for approximately ten years. In addition to temporarily housing the Niagara Falls History Museum, the facility has been envisioned as a facility to preserve the municipality's veteran and military heritage. The Niagara Falls Military Museum (NMM) has a lease with the City to occupy three rooms of the Armoury until March 31, 2013. Upon conclusion of the lease, a review of the long -term viability of the NMM is to be conducted. The NMM has long expressed their desire to occupy the entire building. The Niagara Veterans Association (NVA) has sent in a proposal requesting control of the Armoury to house a number of veteran and military related organizations. There is a possibility that the NVA proposal could be complementary to the NMM, however, both organizations have indicated in the past that could occupy the entire building. Nonetheless, these organizations should be encouraged to partner to prove the economic viability of the facility to the municipality. BACKGROUND In 2005, the Council approved the use of the Armoury as a military museum. An ad hoc committee had been formed to look at appropriate uses and tenants for the former Federal building. As the Armoury was viewed as a significant symbol of the municipality's veteran and military heritage, it was a natural to house the Niagara Military Museum (NMM). In addition, the 2005 report outlined the oversight role of the Board of Museums. In 2009, Council approved the Niagara Falls History Museum (NFHM) temporarily locating in the Armoury and the NMM occupying three rooms during this interim period. The report reiterated the need for the NMM to "provide a sustainable business plan that will not June 12, 2012 - 2 - CD- 2012 -06 require ongoing subsidies from the municipality." The originally proposed lease with the NMM would have been for the duration of the term for which the NFHM was present at the Armoury. In 2010, Council approved a lease with the NMM until March 31, 2013. The rationale behind the extended lease was to allow a better gauge on the business viability of the NMM. Attendance records would reflect the marketability of the NMM on its own, as opposed to any attendance records in conjunction with the NFHM. Council also approved the recommendation that at the end of the 30 -month lease there is to be a complete review and report presented to Council on the long term viability of the Niagara Military Museum, prior to any further commitment by the City. Despite this Council direction for a review in March 2013, the NMM wants a lease extension of three to five years. The reasoning for the extension is that, for the NMM to possibly qualify for any Trillium Foundation funding, they require a longer -term lease with the City. To date, the NMM has failed to operate at the Armoury. Finally, the NMM has always been clear that they would like to eventually occupy the entire Armoury, not just the three (3) rooms currently allocated. Recently, City staff received a presentation from Mr. Daniel Rodrique, representing the Niagara Veterans Association, proposing that the Armoury be used for a variety of veterans and military related organizations, such as the Navy League of Canada, Niagara Falls Branch, various cadet corps and various veteran service programs. Mr. Rodrique had previously been involved with the NMM. ANALYSIS /RATIONALE The Niagara Military Museum (NMM) has requested an extension to their lease of three to five years. The reasoning for the extension is that for the NMM to possible qualify for any Trillium Foundation funding, they require a longer -term lease with the City. The current lease between the City and the NMM is valid until March 31, 2013. Council's approval of the term of the lease was premised on a review of the viability of the NMM upon conclusion of the lease. To date, the NMM has not operated. It is questionable whether the remaining time left in the lease will allow the NMM to make a business case for the viability of their operation. Although a longer term lease with the City would be helpful in any Trillium Foundation application, it would not be the only determining criterion, as outlined in an excerpt from their website. The proposal by the Niagara Veterans Association (NVA) is honourable and in keeping with the purpose of the Armoury to preserve veteran and military heritage. In addition, organizations like the cadets, who were once housed in the Armoury, would return to that location. Similar to the NMM, the NVA proposes that they would fundraise and apply for grants so that they could cover utilities, maintenance and improvements to the building. There is no indication of paying rent. Although the NVA proposal will be more of a location for housing veteran and cadet organizations, there would undoubtedly be some display of memorabilia, which may conflict with the purpose of the NMM. There is nothing in the brief on coexisting with the NMM, although it would be ideal for the two groups to see if there are opportunities to coexist, complement each other's proposal and collectively raise funds to operate the building. The two organizations should be encouraged to meet and come up with an amicable arrangement. June 12, 2012 - 3 - CD- 2012 -06 Both organizations have indicated that in the future they would like control of this City - owned facility and occupy all of the available rooms. Past Council approvals related to the NMM are clear that the operation would be under the umbrella of the City's museum section. If the building becomes a mixed use building, staff would have to decide whether to cede control of a City -owned building to an external organization. FINANCIAL /STAFFING /LEGAL IMPLICATIONS With regard to the NMM, as noted in the most recent report, "in 2007, the staff was directed to meet with the group (NMM) and review the plan. A meeting took place and staff prepared a series of questions, as the plan lacked substantive backing on the projected costs and revenues. Other than an increase in the cost of a proposed elevator, the business plan has not been substantially updated, since originally presented many years before." As a result, Council's approval of the lease was contingent upon a a review of the long term viability of the NMM. At this point in time, we do not have a business plan submitted from the NVA. The City currently has a valid lease with the NMM until March 31, 2013. The City should honour the lease before considering any other occupants for the building, however, the two organizations should be encouraged to meet to see if there is any opportunity for collaboration. CITY'S STRATEGIC COMMITMENT ► Rationalizing City owned assets ► Promoting heritage tourism LIST OF ATTACHMENTS ► Request for lease extension from the Niagara Military Museum ► Proposal from the Niagara Veterans Association ► Lease with the Niagara Military Museum for three rooms in the Armoury. ► Trillium Foundation funding criteria Recommended by: Respectfully submitted: DI Dean Iorfida, IV ity Clerk Ke Todd, Chief Administrative Officer (5/29/2012) Dean lorfida - Letter to City re- exten -to lease- Feb- 11- 2012.doc Page 1 NIAGARA MILITARY MUSEUM February 11,2012 Dear Mr. Ken Todd Thursday February 2 2012 at 9 AM meeting with Ken Todd Chief Administrative Officer Mr. Jim Diodati, Mayor of the City of Niagara Falls, Mannford Fast, Jim Doherty and Garry Beck. Mr. Todd as per your instructions the Niagara Military Museum is requesting a 3 to 5 year extension to our existing lease. Please advice on whether or not we are required to attend a council meeting or meet with the ad -hoc committee. Thank you for your support. Gary Beck President Niagara Military Museum E (09/0512012) Ken Todd - ARMOURY USE PROPOSALdocx Page 1 PROPOSAL FOR THE USE OF THE VICTORIA AVE ARMOURY IN NIAGARA FALLS Owner: The City of Niagara Falls Lease Applicant: The Niagara Veterans Association (NVA) Date Proposal Was Prepared: 24th April, 2012 Niagara Veterans Association's Building Committee Members NVA Members, Drew Neufeld, Daniel Rodrique, Bill Greenwood, Jim Green, Jim Bretherick, Brian Peacock and John Harkness. Navy League of Canada, Branch President Richard Lindsay, Advisors, Robert Foley and LCo1 (Ret'd) Jeff Cairns. CONTACTS: Drew Neufeld (289) 668 -3415 drew_neufeld @hotmail.com, Daniel Rodrique (905) 354 -4805 daniel.rodrique a sympatico.ca or Bill Greenwood (905) 358 -7226 wgreenwood@cogeco.ca. Intended Use of the Building. Under this proposal, the Navy League of Canada, Branch Niagara Falls would become the central tenant, with the sponsorship and inclusion of the Royal Canadian Sea Cadet Corps 103 Niagara and Navy League Cadet Corps 130 Drummond. This consists of over 55 Cadets and Officers. These numbers would be expected to double with a return to the armoury, as the armoury is a solution to an already identified problem with retainment, within the cadet corps, due to the tired state of their current facilities. They would be using the facility four days a week and weekends, as well as sharing it with other local cadet corps. This would be a return, of the armoury, to its original intent, consistent with its past. It would also be home to the Canadian Veterans Advocacy and their Veterans Help Intervention Program, which assists Veterans with everything from processing Veteran Affairs Claims to emergency Post Traumatic Stress Disorder Intervention. The Advocacy will help up to an estimated 1,000 Veterans a year, around Niagara as well as Canada wide, from a Niagara Falls foundation, based in the armoury. It will also be home to the Niagara Veterans Association, the Niagara Artillery Association and would easily lend its self to the many annual Veterans Events held in the area. It would also be home to the Imagery Tech Training Centre for Air, Sea and Army Cadets. The centre would be available in the future for tours from local schools, with Veterans readily available to give talks about Canada's proud military past. (09/05/2012) Ken Todd - ARMOURY USE PROPOSALdocx a Control of Building Access. The control of access to the building will come under the umbrella of the Niagara Veterans Association, as we will be the representative group to the City of Niagara Falls for the armoury. N.V.A. will also be responsible for the management of the armoury and facilitatating the organizations within the building. Funding & Payments for the Use of the Armoury It is the intent of the Niagara Veterans Association to eventually have authority over the entire Armoury and be able to cover costs for utilities, maintenance and improvements to the building. The Niagara Veterans Association will eventually be responsible for all utilities, maintenance and improvements to the armoury. This will need to be negotiated with the City of Niagara Falls, within a process at which time repairs are made and updates to washrooms and access are considered. These repairs are needed in order to make the building fit for occupancy. We are proposing, the payments for the utilities will be made directly to the city of Niagara Falls for the Niagara Veterans Association's portion of the building. We are an association with ties to a good number of military organizations and associations and we do have their support. The funds which are directed towards the current Sea Cadet building will be redirected to the maintenance and utilities of the armoury once they move in. This amounts to approximately $15,000 annually. We are also eligible for a number of government sponsored grants. There will be a variety of fundraising activities once the main parade square and other areas of the building are suitable to be occupied. We will begin a Wall of Honour fundraising program, where we sell wall plaques personalized to a loved one who has served in the Canadian Military or of our Allies. This program has been extremely successful in other locals, and we believe it has a potential to generate thousands of dollars over time. Summary What we are proposing is a multi -use facility for the armoury, a place where the occupancy will be of varying ages but of similar interests. We envision the armoury as a living, functioning part of our community. It will be a repository of our reverent military past but at the same time be completely tied to the present and directed to the future. The New Armoury will be community resource that the entire City of [-09/05/2012) Ken Todd - ARMOURY USE PROPOSALdOcx _Page 3 Niagara Falls will come to be proud of. Corporate Services Department Legal Services Inter- Department Memorandum TO: Dean Iorfida City Clerk FROM: Sheila Morocco Legal Services Coordinator Ext. 4245 RE: Niagara Military Museum Lease Agreement Our File No. 2006 -214 Niagararalls DATE: February 4, 2011 tkck`s isenaed FHA. Please find enclosed herewith two fully executed copies of Lease Agreement dated January 1, 2010 and made between The Corporation of the City of Niagara Falls as Lessor and Niagara Military Museum as Lessee, for delivery to Mr. Beck. This will confirm that on September 20, 2010, we provided a copy to you for the City's records. I am also enclosing herewith a copy of the Certificate of Insurance, for filing. Ism Enclosures c. John Castrilli Director of Building Services . LoLd244LeAz--- Working Together to Serve Our Community Clerks • Finance • Human Resources • Information Systems • Legal • Planning & Development STANDARD CERTIFICATE OF INSURANCE This form must be completed and signed by your Insurer or Insurance broker. Note: 1. Proof of insurance will be accepted on this form only (with no amendments). 2. insurance company must be licensed to operate in Canada. is is to cern that the Insured, named below, is Insured as described below. insured: Name & Address: Niagara Military Museum inc. Cia Mr. Gary Back, 9200 Sodom Road, Niagara Falls, ON L2E 6C6 Telephone Number. (905 ) 357 -2410 (9x Number. ( 905 ) 357.4998 Location and nature of operation or contract to which this Certhicate applies: 5049 Victoria Avenue, Niagara Falls, ON L2E 4E2 - tease agreement Type of Insurance Company & Poilcy # Pelicy Dates Limits of Liability/Amounts Effective Expiry Section 1 — Primary Comprehensive General Liability (Occurrence Basis} Intact insurance Binder 83 January 31, 2011 Janua 31, ry 2012 Bodily Injury & Property Damage S5,000.000. Inclusive 55,000,000. Aggregate $1,000, Deductible Section 2 Automobile Liability Not Appllcab[e _ _ Bodily Injury & Property Damage S0. inclusive Section 3 Excess ( Umbrella Not Applicable --- -- SO. inclusive Section 4 Addition Insureds as required by contract; 1. The Corporation of the City of Niagara Falls 2. Other. PROVISIONS /AMENDMENTS /ENDORSEMENTS: 0. Comprehensive General Liability Insurance (and Excess, d any) Is extended to include the following coverage: Cross Liability and Severability of Interest Clause, Premises and Operations Liability, Blanket Contractual Liability, Products i Completed Operations, Personal Injury, and Non -Owned Automobile Liability. 8. With respect to the Comprehensive General Liability Insurance (and Excess, If any). THE CORPORATION OF THE CITY OF NIAGARA FALLS. Its officers and/orotfdele, employees and volunteers (and 'other' entitles as outlined In Section 4 above) have been added as Additional Insureds but only with respect to liability arising out of the operations of the Named insured. C. The Comprehensive General Liability Insurance (and Excess, if any) Poiioy(les) identified above shall protect each Insured in the same manner and to the same extent as though a separate policy has been Issued to each, but shall not increase the Limits of Liability as identified about beyond the amount or amounts for which the company would be Itabla If there had been only one Insured. Any failure to comply with any provision of the insurance policy by the Named Ensured Shall not affect coverage provided to The Corporation of the City of Niagara Falls. D_ The poticy(tes) identified above shalt apply as primary insurance and not excess to any other Insurance available to THE CORPORATION OF THE CITY OF NIAGARA FALLS. E. If cancelled or changed to reduce the coverage as outlined on this Certificate, during the period of coverage as stated heroin, thirty (30) days (ten (10) days if cancellation Is due to non - payment of premium) prior written notice by registered mat will be given by the insurer(s) to: T148 CORPORATION OF THE City OF NIAGARA FALLS LEGAL SERVICES 4310 QUEEN STREET, P.O. BOX 1023 NIAGARA FALLS, ONTARIO L2E 6X5 tty of Niagara Falls, the day and date herein written below. Name of Insurance company or broker (completing form): OlsenSoltile Insurance Brokers Inc. Telephone number: (909) 357.2140 Address: 4307 Queen Street, Niagara Fads, ON 1.2E 2KS Fax number: 1906) 3311998 Nerve of authorized reprasontaUve or official (please Signs a $�, repreaentativo or o al: Date (year, month, day): prim): Say Yando a 2011102/04 PROOF OF LIABILITY INSURANCE WILL BE ACCEPT£ THIS INDENTURE made effective this 1st day of January, 2010. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT, R.S.O. 1990, c. S.11 BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Lessor" OF THE FIRST PART; - and - NIAGARA MILITARY MUSEUM Hereinafter referred to as the "Lessee" OF THE SECOND PART. WHEREAS the Lessor is the owner of the lands described in Schedule "A" (the "City lands "); AND WHEREAS located upon the City lands is a building known as the Niagara Falls Armoury which is owned and maintained by the Lessor; AND WHEREAS the Lessee is a non - profit corporation intending to design, install, operate and maintain a military museum within the Niagara Falls Armoury; AND WHEREAS the Lessor has agreed to lease a portion of the Niagara Falls Armoury to the Lessee on the terms and conditions hereinafter set out; AND WHEREAS an Agreement has been negotiated between the parties who have represented to the City that they intend to make use of the armoury building; AND WHEREAS it is the express intention of the parties to this agreement that the operating expenses associated with the Demised Premises be allocated to the Lessee, however, the Lessor will be paying those costs on behalf of the Lessee during the term of this lease but not any renewal thereof. PREMISES, TERM AND RENTAL: 1.01 WITNESSETH that in consideration of the rents, covenants, conditions and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed, the Lessor doth demise and lease unto the Lessee a portion of those premises municipally known -2- as 5049 Victoria Avenue, Niagara Falls, Ontario together with the right of access to the leased space in the building, its associated utilities and the use of the adjoining parking lot(the "Demised Premises "), which are more particularly shown in bold outline on a floor plan sketch of the Niagara Falls Armoury attached hereto as Schedule "B "; and for greater certainty consisting of the rooms identified by the numbers 115, 116, 116A and 117. 1.02 TO HAVE AND TO HOLD the Demised Premises for and during the term of thirty months to be computed from the 1st day of September, 2010 and from thenceforth next ensuing and fully to be complete and ended on the 31`t day of March, 2013. 1.03 YIELDING AND PAYING therefor to the Lessor, its successors and assigns without deduction or offset, the sum as calculated by the City of Niagara Falls Board of Museums in accordance with Schedule "C" per annum, plus applicable Harmonized Sales Tax, payable in equal installments at the end of each month during the term. 1.04 PROVIDED THAT the Lessee is not in default under any terms contained in this Lease, the Lessor shall, upon the written request of the Lessee given to the Lessor not less than three (3) months prior to the expiration of the original terns of this Lease, grant to the Lessee a renewal of this Lease for a further term of one (1) year on the same terms and conditions, save and except for any further renewals and the provision for rent, which shall be agreed upon by the parties on condition that the Lessee demonstrates to the satisfaction of the Council of the Lessor that it is capable of operating a viable military museum and has a reasonable business plan for the continued success and operation of that military museum. LESSEE'S COVENANTS: 2.01 THE LESSEE COVENANTS WITH THE LESSOR: (a) To pay rent. (b) To pay all taxes, rates, charges and licence fees assessed or imposed in respect of the personal property, fixtures, business or income of the Lessee. (c) To pay for all telephone, internet and facsimile transmission or similar charges, relating to the Demised Premises. (d) At its sole cost and expense. to keep the Demised Premises and every part thereof in a clean and tidy condition and not permit waste paper, garbage or waste or other objectionable material to accumulate thereon. (e) To use the Demised Premises for the purposes only of a military museum and related activities as approved by the Niagara Board of Museums which approval shall not be unreasonably withheld. (f) To abide by and comply with all lawful statutes, by -laws, rules and regulations of every parliamentary, legislative, municipal or other authority which in any manner (g) -3- relates to or affects the Demised Premises by reason of the tenancy of the Lessee; Including, without limiting the generality of the foregoing, the requirements of the Asbestos survey prepared by Trow Associates Inc. dated May 19, 2006, and the rules attached hereto as Schedule "D ". Not to erect signs on the premises without prior written approval of the Lessor which shall not be unreasonably withheld. (h) To provide, maintain and keep in force for and during the term, public liability and property damage insurance in the name of the Lessee in respect of the Demised Premises and the Lessee's operation thereon, with a limit of not less than FIVE MILLION DOLLARS ($5,000,000.00) inclusive and to furnish to the Lessor a Certificate of Insurance said coverage in a form satisfactory to the City Solicitor; such policy to include the Lessor as an additional insured. (i) The Lessee shall indemnify the Lessor against all fines, suits, claims, demands and actions of any kind to which the Lessor may become liable by reason of any breach, violation or non - performance by the Lessee of any covenants, term or provision of this Lease or by reason of any injury occasioned to or suffered by any person or any property because of any wrongful act, neglect or default by the Lessee or any of its employees, servants or agents. 2.02 The Lessee shall not assign or sublet the whole or any portion of the Demised Premises without the consent of the Lessor in writing first had and obtained, such consent not to be unreasonably withheld. Any assignment or subletting shall in no event relieve the Lessee from the responsibility of observing and performing the covenants herein contained including the payment of rent for the whole of the term of the within Lease and renewal thereof. ALTERATIONS, PARTITIONS, IMPROVEMENTS: 2.03 (I) If the Lessee during the term desires to affix or erect partitions, counters or fixtures in any part of the walls, floors, ceilings of the Demised Premises, it may do so at its own expense at any time and from time to tune provided that the Lessee's rights to make such alterations to the Demised Premises shall be subject to the conditions contained herein and, in particular, without limiting the generality of the foregoing, subject to the Asbestos Survey prepared by Trow Associates Inc. dated May 19, 2006. (2) Before undertaking any such alterations, the Lessee shall submit to the Lessor a plan showing the proposed alterations and shalt obtain the approval and consent of the Lessor to same which consent shall not be unreasonably withheld. (3) All such alterations shall conform to all building regulations then in force affecting the Demised Premises. (4) Such alterations will not be of such a kind or extent so as to in any manner -4- weaken the structure of the building after the alterations are completed or reduce the value of the building. (5) Except as provided in this clause, the Lessee will not erect or remove or change the location or style of any partitions or fixtures without first submitting the plans to the Lessor and obtaining the Lessor's written consent. (6) At the expiration of the term hereby granted or any renewal thereof, the Lessee shall have the right to remove its fixtures. but not the leasehold or structure improvements which shall remain the property of the Lessor, provided the Lessee makes good all damage occasioned to the Demised Premises by the taking down or removal thereof. LESSOR'S COVENANTS: 3.01 THE LESSOR COVENANTS WITH THE LESSEE: (a) For quiet enjoyment. (b) To pay all taxes, rates and assessments, including local improvements levied against the Demised Premises for each of the years during the term. 4.01 PROVISO FOR RE -ENTRY for non-payment of rent and/or non - performance of covenants, subject to the provisions of the Lease. (1) If the Lessee shall fail to pay an instalment of rent payable hereunder when due and shalt allow such default to continue for five (5) days or shall fail to perform any of the covenants, conditions and agreements contained and shall allow any such default to continue for ten (10) days, then the Lessor may take possession of the Demised Premises herein described and this Lease Agreement shall be tee niinated. (2) In case suit shall be brought for recovery of possession of the leased premises, for the recovery of rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessee to be kept or performed, and a breach shall he established, the Lessee shall pay to the Lessor all expenses incurred therefor, including a reasonable solicitors' fee. 5.01 Provided that the Lessee will not remove from the Demised Premises during the term of this Lease or any renewal thereof any fixtures which are the property of the Lessee even though there is no rent in arrears, without the written consent of the Lessor. The Lessee being free to remove chattels subject to any reasonable rules of Lessor prescribed for the purpose of protecting the collection of the Niagara Falls Historical Museum. 6.01 Upon the expiration of this Lease either by notice or by expiration of the term or for any -5- cause, all improvements made and fixtures attached to the Demised Premises by or on behalf of the Lessee shall become the property of the Lessor, without payment of any consideration. 7.01 The Lessee agrees that the within Lease constitutes the entire understanding between the parties hereto and that there are no representations or warranties, oral or otherwise, except as contained herein. The Lessee further agrees that it has inspected the Demised Premises prior to the commencement of this Lease and that by virtue of these presents accept the said premises in the condition that the same were in as of the commencement of this Lease. 8.01 AND IT IS HEREBY DISTINCTLY UNDERSTOOD AND AGREED BY AND BETWEEN THE LESSOR AND THE LESSEE THAT: (a) The Lessee waives and renounces the benefit of any present or future statute taking away or limiting the Lessor's rights of distress and agree with the Lessor that notwithstanding any such enactment, all goods and chattels from time to time on the Demised Premises shall be subject to distress for rent. (b) In case, without the written consent of the Lessor, the said Demised Premises shall become and remain vacant or not used for a period of fifteen (15) days or be used by any other persons other than the Lessee or for any other purpose other than that for which the same are hereby demised, or in case the term hereby granted or any of the goods and chattels of the Lessee shall at any time be seized or taken in execution or attachment by any creditor of the Lessee or the Lessee shall make any assignment for the benefit of creditors, or becoming bankrupt or insolvent, shall take the benefit of any act that may be in force for bankrupt or insolvent debtors, (or, if the Lessee is a corporation), any proceedings shall be taken or orders shall be made for the winding -up of the Lessee or for the surrender or forfeiture of the charter of the Lessee, then and in every case the then current months rent and the next ensuing three (3) month's rent shall immediately become due and payable and, at the option of the Lessor, this Lease shall cease and terminate and the said term shall immediately become forfeited and void, in which event the Lessor may re -enter in upon the said premises or any part thereof in the name of the whole and the same to have again, repossess and enjoy as of their former state, anything herein contained to the contrary notwithstanding. 9.01 The Lessor shall not be responsible in any way for any injury to any person or for any loss of or damage to any property belonging to the Lessee, or to employees, invitees or licensees of the Lessee while such person or property is in the building located on the Demised Premises, including (without limiting the foregoing) any damages to any such property caused by steam, water, rain or snow which may leak into, issue or flow from any part of the said building or any adjacent or neighbouring lands or premises or from the water, steam or drainage pipes or plumbing works of the Demised Premises or from any other place or quarter unless such damage is caused by anything done or omitted to be done by any other lessee of the said building and unless such arise through the negligence of the Lessor, its servants, agents, invitees and licensees. The Lessee covenants to indemnify the Lessor of and from all loss, costs, claims or demands in respect of any injuries or damage referred to in this paragraph for which the Lessee is in law -6- responsible. 10.01 If the Lessee shall fail to perform any of the covenants or obligations of the Lessee under or in respect of this Lease, the Lessor may from time to time, in its discretion, perform or cause to be performed any of such covenants or obligations, or any part thereof, and for such purpose may do such things as may be requisite, including, without limiting the generality of the foregoing, the right to enter upon the Demised Premises or any part thereof as the Lessor may consider requisite or necessary. The Lessee covenants that all expenses incurred and expenditures made by the Lessor on behalf of the Lessee together with interest thereon at the rate of 10% per annum, shall be forthwith paid by it to the Lessor, upon receiving written demand, and failing payment, forthwith upon such demand, such amounts may be collected as rent in arrears. 1 1.01 IT IS HEREBY AGREED by and between the parties hereto that any notice in writing which either party may desire to give to the other with regard to any matter or thing in this Lease contained may be validly and effectually given by mailing the same by prepaid registered post or facsimile transmission, if intended for the Lessor, to: The Corporation of the City of Niagara Falls c/o City of Niagara Falls Board of Museums 5810 Ferry Street Niagara Falls ON L2G 1S9 Attention: Museum Manager Telephone: (905) 358 -5082 Facsimile: (905) 358 -0920 and if intended for the Lessee, to: Niagara Military Museum 9200 Sodom Road Niagara Falls ON L2E 6S6 Attention: Garry Beck, President Telephone (905) 295 -3686 and any such notice, if mailed, shall be conclusively deemed to be given to and received by the other party, three (3) business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 12.01 The captions in this Lease are for convenience only and are not to be considered as part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. 13.01 Words importing the singular number only shall include the plural and vice - versa, and -8- SCHEDULE "A" PT BLK 5 PL 1002 Town of Niagara Falls as in NF3768; Niagara Falls, in the Regional Municipality of Niagara all being PIN No. 64338- 0091(LT). -1 0- SCHEDULE "C" The rent for the term of the lease, but not any renewal thereof, shall be the sum of $2.00 per annum. -11- SCHEDULE "D" 1 The Lessee shall not permit any cooking or food preparation in the Demised Premises, other than light refreshments and beverages for staff, without written consent of the Lessor. All foodstuffs in the building shall be handled in a way to keep pests out of the building. 2. The Lessee is required to meet current Museum Standards in all their operations, as required by the Ontario Ministry of Culture Standards for Community Museums in Ontario. 3. The Lessee shall provide access to the Demised Premises, to the Lessor upon uTitten request from the Lessor, for the purpose of examination of the condition of the collections' storage as well as artifact conditions. 4. The Lessee will provide, to the Lessor, in writing, a list of all objects being brought into the Demised Premises. The Lessor has the right to refuse any object being brought into the building based on its condition, or health and safety risk to the well -being of staff, visitors or other lessees. 5. Artifacts in the collections that may pose a hazard to health and safety of visitors and staff, including firearms, knives, grenades, etc., must be displayed and stored according to Canadian Firearms Center Business Practices. The Lessee must provide access to the Lessor, with 24 hours written notice, of all firearms storage and display areas. 6. The sidewalks, entry passages and staircases shall not be obstructed or used by the Lessee, its agents, servants, contractors, invitees or employees for any purpose other that ingress to and egress from the Demised Premises. Subject to providing reasonable access to the Lessee to the Premises, the Lessor reserves entire control of all parts of the Property employed for the common benefit of the lessees and without restricting the generality of the foregoing, the Lessor reserves entire control of the sidewalks, entries, corridors and passages not within the Demised Premises, washrooms, janitor's closets, electrical closets and other closets, stairs, flues, stacks, pipe shafts, ducts, and shall have the right to place such signs and appliances therein as it may deem advisable, provided that ingress to and egress from the Demised Premises are not unduly impaired thereby. 7 The Lessee, and its agents, servants, contractors, invitees, employees or others for whom the Lessee is in law responsible, shall not bring in or take out, position, construct, install or move any safe, machine or other heavy equipment, including display cabinets and cupboards, without first obtaining the consent in writing of the Lessor. 8. The Lessee shall not place or cause to be placed any additional locks on any doors of the Demised Premises without the approval of the Lessor, In addition, the placing of any additional locks on any doors of the Demised Premises shall be subject to any conditions imposed by the Lessor. 12- 9. The washroom facilities shall not be used for any purposes other than those for which they were constructed, and no sweeping, rubbish, rags, ashes or other substances shall be thrown therein. 10. No one shall use the Demised Premises for sleeping apartments or residential purposes, or for the storage of personal effects or articles other than those required for business purposes. 11. Canvassing, soliciting and peddling on the Property are prohibited without prior written approval of the Lessor. This prohibition shall not be read as to preclude the Lessee from operating a gift shop. 12. Any hand trucks, carryalls, or similar appliances used in the property shall be equipped with rubber tires, side guards and any such safeguards as the Lessor shall require. 13. No animals, birds, reptiles or insects shall be brought into the property without prior permission of the Lessor. 14. The Lessee shall not misuse or damage the Demised Premises or any of the improvements or facilities therein, or unreasonably deface or mar any walls or other parts of the Demised Premises. All interior finishes and surface decorations shall meet the standards required 15. The Lessee shall not: (a) install or use any radio or television or other similar device in the Demised Premises which may in any manner constitute a disturbance or an annoyance to any other lessee in the Property; (b) install in the Demised Premises or elsewhere in the Property any transmitting radio communication equipment without the Lessor's prior written consent which shall not be unreasonably withheld; or (c) operate an electrical device from which may emanate electrical waves that may interfere with or impair radio or television broadcasting or reception from or in the Property. The Lessee shall not in any case erect or cause to be erected any aerial anywhere in the Property. 16. The Lessee shall not use or permit use of the Demised Premises in such a manner as to create noises or odours objectionable or offensive to the Lessor or any other lessee of the Property or other nuisance or hazard or to breach the provisions of applicable laws or any requirement of the insurers of the Property. 17 . If required by the Lessor, bicycles or other vehicles shall not be brought or left in or on any part of the Property except in such areas as are designated by the Lessor from time to time. Assessment Criteria - Ontario Trillium Foundation Page 1 of 2 Ontario Fondation Trillium 4 Trillium Foundation 'i %i de I`Ontario Home 1 Apply for a Grant 1 Eligibility 1 Assessment Criteria You e S f Assessment Criteria The most challenging and serious work that the Foundation does is to determine which proposals will receive funding, and which must, reluctantly, be declined. To make these decisions, volunteer Grant Review Teams consider many factors, conditions and circumstances. An organization's ability to carry out the proposal and to achieve the desired results is demonstrated by: • A relevant mandate, proven track record and good operating systems • An elected, volunteer board of directors that is representative of the diversity in the community and accountable to it through public general meetings, newsletters, etc. • An ability to manage and sustain growth that may result from the grant • An appropriate organizational structure and set of skills, including responsiveness to changing community needs and opportunities • A history of partnering with others (where appropriate) • An organization's ability to manage the requested OTF grant and the resources needed to carry out the project is demonstrated by: • A realistic relationship between the requested grant amount and the organization's current annual budget • Appropriate financial management policies and practices Notes about Financial statements: If gross annual revenues are $250,000 and over for each of the two most recent fiscal years, you must submit financial statements that have been audited by a licensed public accountant. If gross annual revenues are less than this amount, we prefer that you submit financial statements that have been audited or reviewed by a licensed public accountant. if these are not available, you may submit internally prepared financial statements that include b oth a statement of revenues and expenses and a balance sheet. No significant accumulated deficit" No significant unrestricted or internally restricted reserve funds or accumulated surplus` *See Frequently Asked Questions for further details. Application criteria Applications are assessed according to the following: http: / /ww\v .trilliumfoundation.org /en/ applyForaGrant /assessmentcriteria.asp 6/5/2012 Assessment Criteria - Ontario Trillium Foundation Page 2 of 2 • Clear, measurable benefits to the community • Community support in the form of volunteer time, contributions from other organizations, cash or in -kind support from corporate sponsors, individual donors and the applicant • Involvement of multiple partners in planning, doing or evaluating the work (where appropriate) • Support from people who are knowledgeable about the sector, the community and /or the proposal • Significant need for Ontario Trillium Foundation funding and evidence that the Foundation is the appropriate funder • Greater accessibility to activities, programs or venues, including geographical, physical, cultural or economic accessibility • Sustainability or lasting impact Examples of sustainability or lasting impact could include: • Added value to community life even after the grant is complete (for example, participants continue to share what they have learned, a permanent change has been achieved in the community or a model has been repeated in another community) • A plan for ensuring resources are in place to continue the work after the grant ends (including maintenance for renovation and equipment grants) Helping build healthy and vibrant communities in Ontario. © 2011 Ontario Trillium Foundation Copyright 1 Privacy Policy 1 Sitemap 1 W3C Compliance 1 Staff and Volunteer Login 1 Site Feedback Form hap ://1,1 Ww .tri 11 i um fo undation.org /en/ applyForaGrant /assessment_ criteria. asp 6/5/2012