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Additions to Council, Tuesday June 12,2012ADDITIONS TO COUNCIL, TUESDAY, JUNE 12, 2012 COUNCIL Communications 1. Niagara Parks Commission - Request for 2012 Fireworks RECOMMENDATION: For the Approval of Council 1. R &C- 2012 -10 - Arts & Culture Wall of Fame Induction Criteria a) Email from Councillor Janice Wing PROPERTY MATTERS 1. A by -law to execute a lease between the Corporation of the City of Niagara Falls and Marineland of Canada Inc. For the specified area. a) Various emails re: Lease with Marineland b) Copy of lease COUNCIL INFORMATION 1. Correspondence from GNGH Foundation (6/11/2012) Dean lorfida - Fireworks Permission letter to council.doc Page 1 The Niagara Parks Commission Box 150, Niagara Falls, An agency of the Government of Ontario, Canada L2E 6T2 Ontario since 1885 Sarah Wood, Manager Business Development, Events & Public Relations Phone: 905 356 2241 ext 295 Fax: 905 356 8553 E -mail: swood @niagaraparks.com Niagara Par s'om Janice Thomson Gershom Moyo Chair Acting General Manager June 8, 2012 Mr. Dean lorfida, City Clerk City of Niagara Falls 4310 Queen St. Niagara Falls, ON L2E 6X5 Re: Falls Fireworks - Summer 2012 Dear Dean, This letter is to confirm The Niagara Parks Commission and partnering sponsors are staging fireworks displays for the 2012 summer season. The fireworks are being launched in the Niagara Gorge between the Maid of the Mist Steamship Company and the Ontario Power Station at the previously approved launch site. Approval has been received from the Niagara Falls Fire Protection and Safety Department. The display dates and times are: • 6 minute shows, every Friday and Sunday from May 18 to September 2, 2012 at 10pm, with the exception of Friday, June 15 when the display will be staged at approximately 11pm to accommodate the Wallenda high -wire walk event. The displays will be installed and fired by the pyrotechnical experts from David Whysall International Fireworks, Inc., Kenilworth, Ontario. They have been executing the displays since 2000 so are very familiar with the site and all requirements. Sincerely, 2012 FALLS FIREWORKS Every Friday, Sunday & Holiday May 18 to September 2 at 10 p.m. Holiday Fireworks! Victoria Day May 21, Memorial Day May 28, Canada Day July 1, Independence Day July 4 & Civic Holiday August 6 All dates and times subject to change and dependent upon weather and wind conditions. For information on Free Concert Evenings and other events in the Park visit www.niagaraparks.com Nia ra Par s.com An agency of the Government of Ontario since 1885 DEPARTMENT: DATE EFFECTED: POLICY: RECREATION May 8, 2006 Arts & Culture & CULTURE Wall of Fame DATE OF REVISION: Report: R- 2006 -17 October 16, 2006 R- 2006 -29 July 22, 2010 R &C- 2010 -18 June 12, 2012 R &C- 2012 -10 POLICY Purpose: SECTION: 1000.51 Page 1 of 3 The Arts & Culture Committee's Purpose is to foster, develop and unite artistic and cultural activities in the community. Through the Arts & Culture Wall of Fame initiative the community will have the opportunity to celebrate the many outstanding accomplishments of its past and present citizens, as well as the works of art that reflect the best of Niagara Falls. Objectives: 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; PROCEDURES 1 Wall of Fame Nomination Forms are available for public nomination through the City website www.niagarafalls.ca or at the Recreation & Culture office at the MacBain Community Centre. Completed Nomination Forms will be accepted throughout the year. The deadline for nominations is July 30th of each year. Nominations received after this date will be considered as a nomination for the following year. 2 3. Depending upon the Nominee, the Arts & Culture Committee may call upon specialists in the appropriate field to assist in the selection. 4. Qualifying nominations will be forwarded for to the Arts & Culture Committee for a special Wall of Fame selection meeting. 5. Recommended inductees will be forwarded to Council in a report for final approval. 6. Nominees selected by the Arts & Culture Committee shall be publicly presented in the Fall at a date and time determined by the Committee. 7 There shall be no publicity as to the proposed nominees or voting at anytime. The only names released to the public shall be those selected to be inducted into the Wall of Fame. 8. No current member of the Arts & Culture Committee can be installed on the Wall of Fame. SECTION: 1000.51 Page 2 of 3 Conduct of Wall of Fame Meetings 1. A special Wall of Fame meeting of the Arts & Culture Committee will be called for selection of Inductees in August of each year. 2. When dealing with nominations to the Wall of Fame meetings shall be held in camera. 3. Three (3) members of the Arts & Culture Committee shall constitute a quorum for the transaction of business. All members of the Arts & Culture Committee are invited to assist with the selection process and are entitled to vote. A Recreation & Culture Staff will attend the meeting in an advisory position. 4. Committee Members will state a conflict of interest in advance of the meeting and remove themselves from discussion and voting for the particular Nominee in question. Nominee Selection 1. Categories of Induction: a) Community Builder(s): an individual(s) who has made outstanding contributions to the community's arts and culture, for an extensive period of time. b) Artist(s): an artist(s) who has /have been recognized for their outstanding contribution. or has brought significant recognition to Niagara Falls. c) Community Sponsor(s): An individual(s), 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 or to the accessibility of public art in the community. 2. Induction Criteria: Nominations will be reviewed by the Chair of the Selection Committee to ensure that the minimum criteria are met using the Arts & Culture Wall of Fame Induction Criteria form. A minimum of ten (10) points must be achieved in order to be considered for induction. Those scoring ten (10) or higher will be forwarded to the Arts & Culture Committee for a special Wall of Fame Meeting. Nominees must illustrate the following to be inducted: 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. A person must have resided in Niagara Falls and /or have Niagara Falls as the main venue for their art for an extensive period of time. d) Community Sponsors must have a minimum of five (5) years of significant contribution. 3. Automatic Induction: Nominees who have met the minimum criteria; and have been recognized by their peers with a prestigious award such as a Juno, where such an award exists; or have been recognized for their art through national or international acclaim will be eligible for automatic induction. SECTION: 1000.51 Page 3 of 3 A minimum of two spots per year will be reserved for those qualifying for automatic induction. 4. Up to six (6) nominees per year may be inducted. Inductees will be chosen based on the merit of the application and may not necessarily be chosen from each Category on any given year. 5. Inductees receiving recognition on the Wall of Fame will also be showcased on the "Virtual Wall of Fame" on the Arts & Culture Committee's web page. 6. Inductees will receive a personal plaque that will state their name and year of induction. 7. Each nomination must be submitted in writing on the appropriate Nomination Form and contain, but not be limited to, the following: a) Nominator's name, address, telephone, and email address; b) A brief biography of the Nominee that includes date and place of birth; c) Details of the Nominee's awards or recognition; d) Number of years the Nominee resided in Niagara Falls; e) The nominator's relationship with the Nominee; f) The Nominee's approval (family representative or agent, if Nominee is deceased); g) A 8" x 10 ", colour or black and white, professional quality photo of the Nominee. 8. The nomination form must be properly and completely filled out with all the information requested. Incomplete forms will be sent back to the Nominator and may not be eligible for the current year's consideration. 9. Further information may be required by the Awards Sub- Committee to evaluate the Nominee's candidacy. The Nominator or other sources will be contacted /researched to assist in this endeavour. 10. Nominees who are eligible for induction but are not selected will be kept on file for future consideration for a period of five (5) years. All Nomination Forms, applicable documentation and photos will become the property of the Niagara Falls Arts & Culture Committee and therefore not returned to the Nominator unless specifically requested. Care & Maintenance of the Wall of Fame 1. The Awards Sub Committee will determine the appropriate care and maintenance of the Wall of Fame in consultation with the Recreation & Culture Staff and the venue operators. 2. Recreation & Culture Staff shall maintain an archive composed of an information file on each Nomination and Inductee. R &C- 2012 -10 Attachment 1 Arts & Culture Wall of Fame Induction Criteria In order to qualify for induction nominations must score a minimum of 10 points. A minimum of three of the following apply to each of the induction categories: Community Builder, Artist, Community Sponsor. 1. Outstanding achievement in their artistic or cultural field (recognition by peers). 5 International 4 National 3 Provincial 2 Regional Local 2. A measurable impact must be illustrated municipally', provincially, nationally, or internationally. 5 International 4 National 3 Provincial 2 Regional Local 3. A person must have resided in Niagara Falls and /or have Niagara Falls as the main venue for their art for an extensive period of time. Organizations must have been located in Niagara Falls for an extensive period of time. 5 Born and Raised 4 Over 20 years 3 Over 15 years 2 Over 10 years 1 Over 5 years 4. Community sponsors must have a minimum of five years of significant contribution of financial or services in kind or the commissioning of community art. 5 Over 25 years 4 Over 20 years 3 Over 15 years 5. Community sponsor significance of contribution. 5 Great 4 3 2 Over 10 years 2 1 Over 5 years 1 Little 6. Community builders must have a minimum of five years of significant contribution to enhance arts & culture through volunteer work, administration, committee work, or mentoring. 5 Over 25 years 4 Over 20 years 3 Over 15 years 2 Over 10 years 7. Community builder significance of contribution /involvement. 5 Great 4 3 2 Over 5 years 1 Little 8. Automatic Induction: If a nomination form is received for an individual who has met the minimum criteria; and has been recognized by their peers with a prestigious award such as a Juno, where such an award exists; or has been recognized for their art through national or international acclaim will be eligible for automatic induction. (6/12/2012) Dean lorfida - Fwd: Sale of property in Niagara Falls Page 1 From: Jim Diodati To: Dean Iorfida Date: 6/12/2012 11:11 AM Subject: Fwd: Sale of property in Niagara Falls »> Lynsey Bogusat <lbogusat ©hotmaiI com> 6/11/2012 5:00 PM »> To the Niagara Falls City Council, This email is in response to the possible sale of property in Niagara Falls to John Holer. This land is public and it should stay public. John Holer, the owner of Marienland, does not need this small strip of land. He may want this piece of land to try to stop concerned citizens from our freedom of expression. John Holer may be trying to stop our right for peaceful assembly on this public land. Please don't sell this property to John Holer. Thank you Lynsey Bogusat St. Catharines, Ontario (6/12/2012) Dean lorfida - Fwd: POTENTIAL SALE OF STRIP OF LAND BETWEEN MARINELAND AND PORTAGE ROADage 1 , From: Jim Diodati To: Dean Iorfida Date: 6/12/2012 11:11 AM Subject: Fwd: POTENTIAL SALE OF STRIP OF LAND BETWEEN MARINELAND AND PORTAGE ROAD »> brenda robinson <bjr58©hotmail,com> 6/11/2012 5:31 PM »> Dear Sir and Madam: I am writing to you today as I just became aware that the City of Niagara Falls is considering selling the strip of land between Marineland and Portage Road. Myself, along with many others who care about the welfare and proper treatment of animals, suspect that Marineland is attempting to purchase this public land in an attempt to muzzle us concerned citizens from bringing awareness to the cruel treatment of animals at the park. We all lose out when powerful public figures attempt to subvert our constitutionally - protected rights to free speech. I also understand that Niagara Falls City Council will be hearing anyone who wishes to speak on this issue on Tuesday June 12th at 7 PM at the Council Chambers, City Hall, 4310 Queen Street. I do not live in the Toronto area any longer and thus I am sending you all this e -mail from beautiful Whitefish, my new home, which I moved to in order to enjoy living near and seeing all the beautiful wildlife living happy and free in the wild. It is truly magical! All creatures deserve to be free and happy. I truly believe that it is a sin that Marineland profits financially from the suffering of the whales that it insists on keeping held captive in a 'bath tub', when their true home is the expansive ocean. Disgusting. Shame on them. Do unto others as you would have them do unto you. Please, do NOT sell the above mentioned land to a very cruel business. And I would also like to add, whenever I hear their ad "Everyone loves marineland ", that is a lie. There are MANY, including me, who DO NOT love marineland. I LOVE seeing whales and dolphins living free in the oceans! Please, do the RIGHT thing, and DO NOT sell this land to marineland. The world is watching Thank you. Sincerely, Brenda Robinson Whitefish, ON (B12C2]12) Dean |.rfidm-Fwd: POTENTIAL E OF STRIP OF LAND BETWEEN MARINELAND AND PORTAGE ROABege 2 BOR58Cd)HOTMAL[ON (6/12/2012) Dean lorfida - Fwd: proposed restriction of common right of passage on Portage Road in front of Marineland Page 1 From: Jim Diodati To: Dean Iorfida Date: 6/12/2012 11:11 AM Subject: Fwd: proposed restriction of common right of passage on Portage Road in front of Marineland »> Cathy Bogusat <cathybogusat ©gmail.com> 6/11/2012 7:26 PM »> Dear Mr. Diodati, I have been told that John Holer of Marineland is proposing that his company purchase land adjacent to Marineland - land that is currently a public right of way. I urge you to do what you can to prevent this from happening. A municipal government is responsible to all of its citizens, not just those who are in a position to contribute financially to the municipality. I urge you to stand up for the rights of the public in Niagara Falls and keep this area a place for all citizens and not just an extension of a commercial corporation. Elected officials have an ethical call to act for those who do not have power or money. If you do not commit yourself to the rights of the common man, who will? Please refuse to restrict the common right of passage on Portage Road. Sincerely, Cathy Bogusat (6/12/2012) Dean lorfida - Fwd: marineland Page 1 From: Jim Diodati To: Dean Iorfida Date: 6/12/2012 11:11 AM Subject: Fwd: marineland »> John Sorenson <jorenson @brocku.ca> 6/11/2012 7:38 PM »> To: The Honourable Paul Dyster Mayor, Niagara Falls, ON Dear Mayor Dyster: I am writing to you to express my deep dismay about the proposed purchase of public land on Portage Road by Marineland. Clearly, the intention behind the purchase is to restrict public access and thereby to prevent citizens from expressing their concern about the mistreatment of animals. I urge you and other city officials to block the proposed sale and defend the right of free speech by citizens. While Marineland no doubt has considerable economic significance to your city, I believe there is no need to point out the extremely poor reputation of this institution among marine mammal experts, zoo professionals, cognitive ethologists, environmentalists and ordinary people who care about animals. One may simply note the description given by the world- famous Canadian scientist, Dr. David Suzuki, who publicly denounced Marineland as ?a thug in the neighbourhood.? I urge city council to oppose the sale of this and to Marineland. Thank you. Sincerely, Professor John Sorenson Chair, Department of Sociology Brock University St. Catharines, ON Canada L2S 3A1 (6/12/2012) Dean lorfida - Fwd: Marineland Page 1 From: Jim Diodati To: Dean Iorfida Date: 6/12/2012 11:11 AM Subject: Fwd: Marineland »> Alex Thomson <alex- thomson13 ©rogers.com> 6/11/2012 9:19 PM »> Dear Niagara Falls city council Please do not consider selling the strip of land between Marineland and Portage Road. We suspect that Marineland is attempting to purchase this public and in an attempt to muzzle concerned citizens from bringing awareness to the cruel treatment of animals at the park. Please don't let Marineland silence the voices of its critics. The captivity and exploitation of animals for profit and entertainment is animal cruelty in its most basic form. Moves need to be made to have this place dosed down. Until then we need to make our voices heard. Thank you Alex Thomson (6/12/2012) Dean lorfida - Fwd: The sale of the Strip of land between Marineland and Portage Road Page 1 From: Jim Diodati To: Dean Iorfida Date: 6/12/2012 11:12 AM Subject: Fwd: The sale of the Strip of land between Marineland and Portage Road »> "Magali Laplante" <magali.laplante@maskatel.net> 6/11/2012 9:52 PM »> Dear Councilor, We heard that The City of Niagara Falls is considering selling the strip of land between Marineland and Portage Road. I'm personally writing an e -mail to you to let you know that I'm not considering this as a good strategic decision when we know all about the cruel treatment of animals at the park. The world watching now as they know what's happening in this park and I'm pretty sure that the decision- request by the Marineland hide something regarding their treatments to the animals. If Niagara Falls want to keep a good representation in Canada, I really think the city should not allow the sale of this strip between Marineland and Portage Road. Best regards, Magali Laplante, BAA Consultante en developpement des affaires Business development consultant Quebec, CA (6/12/2012) Dean Iorfida - Fwd: DO NOT SELL the land between Marineland and Portage road to Marineland Page 1 From: Jim Diodati To: Dean Iorfida Date: 6/12/2012 11:28 AM Subject: Fwd: DO NOT SELL the land between Marineland and Portage road to Marineland »> Erin TenEyck <erin.teneyck gmail.com> 6/11/2012 9:57 PM »> Don't sell this strip of land to Marineland so they can hide animal cruelty from those who care and need to show support for the ANIMALS. Thank you for your attention to this! Erin Ten Eyck London ON (6/12/2012) Dean lorfida - Fwd: Sale of Land between Marineland and Portage Rd. Page 1 From: Jim Diodati To: Dean Iorfida Date: 6/12/2012 1:25 PM Subject: Fwd: Sale of Land between Marineland and Portage Rd. »> IsO6pk <Is06oka,brocku.ca> 6/12/2012 12:46 PM »> Mayor Jim Diodatti and Niagara Falls City Councillors, I am a resident of Niagara Falls and I am writing to you to express my utmost concern of the proposed by -law to sell the public land between Marineland and Portage Rd. I can't even begin to express how disappointed I am with this proposal! Myself and other concerned community residents suspect this is an attempt to silence citizens who are bringing public awareness to the issue of animal captivity and cruelty at Marineland. We as citizens have a constitutionally protected right to free speech, and this potential implementation of this by -law is a blatant attack on this right! I unfortunately will be unable to attend Niagara Falls City Council this evening to speak to this issue in person, so I am writing this email as a way to represent myself. I sincerely hope you will all do everything in your power to stop the proposed sale of public land between Marineland and Portage Rd! I and other concerned community members will be watching further developments on this matter. Thanks for your time, Elizabeth Smith (6/12/2012) Dean lorfida - Fwd: Page 1 From: Jim Diodati To: Dean Iorfida Date: 6/12/2012 1:31 PM Subject: Fwd: »> Marnie <wspagir12 ayahoo.ca> 6/12/2012 12:27 PM »> Dear Mayor Jim, Please note my concerns and strong objection to the proposed restriction of "common right passage" on Portage road. John Holer does not 'own' Niagara Falls nor should he be allowed to act as such. My concern is that your city is already 'shamed itself' in the eyes of the world with allowing a place live Marineland to even operate to begin with. I will be following the outcome of tonight's meeting with great concern. Thank you. Marnie Santarella, BBA, BEd, MBA, OCT Business Teacher DISTRICT SCHOOL BOARD OF NIAGARA am e,santarella dsbn,edu.on.ca vvv`w,dsbn.ed on.ca ( hµaiLwww,dsbn,edu.on caZ ) ACHIEVING SUCCESS TOGETHER (6/12/2012) Dean lorfida - Fwd: Marineland proposed law Page 1 From: Jim Diodati To: Dean Iorfida Date: 6/12/2012 1:32 PM Subject: Fwd: Marineland proposed law »> Krystan <kones7 alive,com> 6/12/2012 12:20 PM »> Hello, I am writing to express my concern over the proposed law to sell the land between portage road and marineland. This law will allow powerful public figures to subvert our Constitutionally protected rights to free speech. Please reconsider this law. Krystan Jones (6/12/2012) Dean lorfida - Fwd: Please stop Marineland from buying public property! Page 1 From: Jim Diodati To: Dean Iorfida Date: 6/12/2012 1:34 PM Subject: Fwd: Please stop Marineland from buying public property! »> Lisa Lanthier < ady.lanthier gma l.com> 6/12/2012 12:15 PM »> Good morning, I suspect you will all be inundated with emails from like minded citizens concerned with Marineland's attempt to purchase a small piece of public property with the goal to silence a growing number of activists and concerned citizens who congregate to protest the despicable conditions marine mammals are forced to live and perform in day in and day out. Taking away the public's right to free speech, especially positive speech that informs park patrons about cruel practices behind the concrete walls is something I never thought I'd have to defend in our wonderful country . Let's get real here, do whales and sea life really belong in a tiny tank forced to perform for treats, without break, rest or retreat for 40 plus years ? ?? Try to think about it from your point of view, would you want this life for yourself or for your children? To be stolen or bred into slavery? ?? If this property is in fact up for sale to Mr. Holer, I can guarantee you that thousands of us will still flood Marineland with activism. Until the park closes its marine mammal exhibits, we will continue to protest! Please consider doing something positive with that small piece of property and don't grease your hands or your great city with poison money and agenda's. . We beg of you to make the right, ethical decision. DON'T SELL TO HOLER!!! Thank you for your time, Sincerely, Lisa Lanthier Life is too short to wake up with regrets. So love the people who treat you right and move on from the ones who don't. Believe everything happens for a reason. If you get a second chance, grab it with both hands. If it changes your life, let it. Nobody said life would be easy, they just promised it would be worth it.— (6/12/2012) Dean lorfida - Fwd: Do not sell the PUBLIC land between Marineland and Portage Rd Page 1 From: Jim Diodati To: Dean Iorfida Date: 6/12/2012 1:40 PM Subject: Fwd: Do not sell the PUBLIC land between Marineland and Portage Rd »> Jocelyn Black <tocelynblack66 hotmail.com> 6/12/2012 11:24 AM »> Dear respected public authorities, Please do not sell the PUBLIC strip of land between Marineland and Portage Rd. And please do not sell it to Marineland. We suspect Marineland is attempting to purchase the public land in an attempt to muzzle concerned citizens for bringing awareness to the cruel treatment of the animals in the park. Please do the right thing for the public and for the poor, captive animals. The world is watching. Please do the right thing. Thank you Jocelyn Black (6/12/2012) Dean lorfida - Fwd: Marineland purchase Page 1 From: Jim Diodati To: Dean Iorfida Date: 6/12/2012 1:42 PM Subject: Fwd: Marineland purchase »> Yazerin <yazerin aoi. om> 6/12/2012 11:16 AM »> Dear Mayor and Councillors: This is the 21st century and science now shows that keeping marine mammals captive is wrong. As the public becomes more aware, these places are going to go the way of the dinosaur or convert to rides that are amusement and stop the animal abusement. Canada has always been a progressive country. Please lead the way here and do not let Mr. Holer purchase this property. Be part of the solution, not part of the problem. Thank you. Sincerely, Debbie Blalock Educate through the heart, through story, and watch the world change. MIND WHISPERS, INNER WAVES, THE THINK - (W)HOLE are available at: t.= . / vyrit amazon cone s /ref= no -__sb ross ?url sear h- alias %3Dstr books &Field- ke` y.tords= deborougin+b a!ock&x 08Li=0 orcd tsear arnesard�ronie orn/ sear: i ,!,_esults.aspx?V /RD= DeboroUgh ±Blalock http r', o, ,,v, eaca, ddogood corn. (author web site) (6/12/2012) Dean lorfida - Fwd: Marineland - Urgent Request Page 1 From: Jim Diodati To: Dean Iorfida Date: 6/12/2012 1:49 PM Subject: Fwd: Marineland - Urgent Request »> " Layte, Doreen" <Doreen.Layte©ww.ccac- ont.ca> 6/12/2012 10:53 AM »> Good morning, Canadian citizens are concerned with Marineland's attempt to purchase a small piece of public property with the goal to silence a growing number of activists and concerned citizens who congregate to protest the despicable conditions marine mammals are forced to live and perform in day in and day out. Taking away the public's right to free speech, especially positive speech that informs park patrons about cruel practices behind the concrete walls is something I never thought I'd have to defend in our wonderful country. Do whales and sea life really belong in a tiny tank forced to perform for treats, without break, rest or retreat for 40 plus years? Would you want this life for yourself or for your children? To be stolen or bred into slavery? If this property is in fact up for sale to Mr. Holer, I can guarantee you that thousands of us will still flood Marineland with activism. Until the park closes its marine mammal exhibits, we will continue to protest! Please consider doing something positive with that small piece of property and don't grease your hands or your great city with poison money and agenda's. . Do the right ethical thing and DON'T SELL TO HOLER!!! Dede Layte Kitchener Onario 519- 749 -4300 ext. 7425 (6/12/2012) Dean lorfida - Fwd: Page 1 From: To: Date: Subject: Attachments: Jim Diodati Dean Iorfida 6/12/2012 1:51 PM Fwd: portage- road - public - notice. pdf »> Helen Prancic <heienprancic;cIgmadl,corn> 6/12/2012 10:48 AM »> Dear Mayor Diodati and Councillors Wayne Gates, Carolyn Ioannoni, Vince A. Kerrio, Bart Maves, Joyce Morocco, Victor Pietrangelo, Wayne Thomson and Janice Wing, I am writing today to urge you to please vote against the proposed restrict the common right of passage on the specified areas of Portage Road in the City of Niagara Falls submitted by John Holer, the owner of Marineland. Attached is the document in question. This land must remain public property for obvious safety issues that Holer has a complete disregard for. It's very clear to me that the application is an aggressive act on Holer's part to prevent our residents and visitors from using that public space as a site of demonstration by local groups who are concerned about the horrendous conditions and animal cruelty that takes place at Marineland. Respectfully yours, Helen Prancic 402 -5552 Heritage Drive Niagara Falls, ON L2J 3J7 (6/12/2012) Dean lorfida - Fwd: Stop John Holer and his sickness called Marineland Page 1 From: Jim Diodati To: Dean Iorfida Date: 6/12/2012 1:52 PM Subject: Fwd: Stop John Holer and his sickness called Marineland »> Black Sab <bcksab ©hotmaii.com> 6/12/2012 10:47 AM »> Dear Mayor and Niagara Falls City Council As a citizen of Ontario and of Canada and of the Earth, I do not find entertainment in the imprisonment of the animals I share this wide planet with. As it is impossible to have my one little voice heard when I say this is wrong, I need to be able to protest to get my point across. Our fore fathers understood that the public is left little discourse when there are issues that need to be addressed other than protest. This is why it was written into our constitution, the right to do so. But if a business is doing acts where growing numbers of the public find wrong and immoral, that business should not be able to muffle those voices in fear that the word will spread. When I was ten my brother and I begged our parents to take us to Marineland. I still have pictures of him and I standing there ready to cry. The tanks were so small, the animals looked so unhappy. I was crushed, it wasnt what I thought, there was no Eutopia there for those animals. I never returned, never took my own child there. Now thirty years later I still tell people that place is wrong and needs to close and more people are listening. If the public stip of land in front of Marineland is sold to them, where will our voices get shunted to? What corner will John Holer get to shunt us off to? Does our government really love money more than its public? Really? This whole situation is wrong, wrong to hurt the animals, wrong for the government to defend losers who profit off the imprisonment of these poor creatures and wrong that I am sitting here on my only day off to write this out. Sabrina Lemky (6/11/2012) Dean lorfida - Fwd FYI Leasing property to Marineland Page 1 From: Dean Iorfida To: btopolinsky @gmail.com CC: council @niagarafalls.ca; Sarah Conidi Date: 6/11/2012 11:15 AM Subject: Fwd: FYI: Leasing property to Marineland Thank you, Brian. Your correspondence will be included in Council's handouts tomorrow evening. I would dispute your contention that it took weeks to get the sign on the hydro pole down. Bylaw staff received the complaint after some of the protests in July. Our staff was notified after the fact. Our staff went out during the week and signage had been removed. We noted the presence of brackets on the hydro pole and Mr. Holer was advised to remove the brackets or we would contact Hydro to remove them for him. When Marineland staff put a sign up again at an August protest, Bylaw staff and the Police personally supervised the removal of said signage. Therefore, the signage would have been present on two, maybe three occasions, just during the time of the protests. Just like anyone who puts signage on a hydro pole, we advise them of the sign bylaw and ask that they take it down. This is usually enough to get compliance, as it was in this scenario. Marineland was treated no differently than other businesses who attempt to use public utility poles for signage. If it happens agin, we will not hesitate to charge the costs of removal plus an administrative fee. Thanks Dean Dean Iorfida, City Clerk Niagara Falls 905 - 356 -7521, Ext. 4271 905- 356 -9083 (Fax) »> Sarah Conidi 6/11/2012 10:19 AM »> »> Brian Topolinsky <btopolinsky @gmail.com> 6/10/2012 11:20 PM »> To All Council Members: RE: Lease of surplus land to Marineland http: / /www. niagarafal Is.ca /pdf /'public- notices / 1033 /portage - road - public- notice.pdf I would like to state my opinion and viewpoint in regards to Marineland wanting to lease this section of land in front of their park for what they classify as needing it for landscaping purposes. It is very clear to anyone that the real reason for wanting this land is to stifle the Animal Activist and to try to refrain from allowing them close to the entrance of Marineland of Canada. Last summer their were issues in regards to Marineland mounting a sign on a hydro pole with 1/2 inch lags on this same section of the property. As we all know their are bylaws in place that stop people from mounting anything on traffic signs or hydro poles, but yet for many weeks Marineland just kept putting the sign back up. In fact the by -law officer for the City of Niagara Falls was contacted and it took weeks (6/11/2012) Dean lorfida - Fwd: FYI: Leasing property to Marineland for anything to get done. In fact, I'm sure their were NO fines imposed. However, If it was any one else..it would of been taken care of promptly and fines issued. I would like to add that if this city allows this to happen, I would like to know how much it will cost me to lease the front of my property. If Marineland can do it, why can't I? I would be able to park right on the side walk, I wouldn't have to worry about removing snow from it in the winter time, Maybe I could even put a fence around it? Oh and, if by chance the city ever needed it back - I sure would hope the lease is up and not guaranteed renewable? Once again, it is obvious why John Holer is wanting this property and it is definitely not for landscaping purposes. Has he even provided an Architectural drawing as to what his plans are and why he needs more then a license. I assume not, because once he has bought his way with money he doesn't follow through. I can say this because as many of you know I was involved with representing the many people of the mobile home park that he evicted from their homes. I more then proved at the Landlord and Tenant Board that the procedure that Marineland imposed on evicting these people was clearly not following the laws of Residential Tenancy Act. http.: / /'www.e- laws.gov.on.ca /html /statutes /english /elaws statutes 06r17 e.htm #BK83 In fact, I invite anyone of you to read section 73 of the residential tenancy act. It clearly states in their the following: The Board shall not make an order terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination under section 50 unless it is satisfied that, a) the landlord intends in good faith to carry out the activity on which the notice of termination was based; and (b) the landlord has, (i) obtained all necessary permits or other authority that may be required to carry out the activity on which the notice of termination was based, or (ii) has taken all reasonable steps to obtain all necessary permits or other authority that may be required to carry out the activity on which the notice of termination was based, if it is not possible to obtain the permits or other authority until the rental unit is vacant. 2006, c. 17, s. 73. As you all know, Marineland has not obtained all the permits based on the notice of termination. In fact he still hasn't even contacted the Conservation Authority in regards to his so called plans with that property. The purpose of this section of the act was to prevent unscrupolous landlords from evicting people from their homes and not carrying out the activity. This was our protection that John Holer was going to do what he stated in our Notice of Termination. I also took Marineland back to the tribunal for "Bad Faith" stating that in the past year he hasn't done anything with the property since he evicted us all. I proved it with letters from City Hall stating that he hasn't applied for anything, Letter from Conservation Authority stating the same, and pictures of the park with our homes in the same state as they were a year ago. The tribunal once again went in favor of Marineland and we lost. It is very clear that their is more to this then we can prove and the old saying that money can buy you anything certainly seems to be the truth. I will be providing all my evidence in regards to our situation to a Member of Parliament (MPP) that is outside of this area that is interested in how we were dealt with and is willing to look into it. I would also like to question the slogan "Everyone Loves Marineland" According to Websters dictionary the word "Everyone" means "every body, every person ". I am a body and I am a person, and I along with many others "Do not love Marineland". Page 2 (6/11/2012) Dean lorfida - Fwd: FYI: Leasing property to Marine land Page 3 Also, if you view the following link you will see that even our Department of Justice has put out a recommendation in regards to the usage of the word "Everyone" and "Anyone ". http: / /canada.justice.gc.ca /eng /dept- min /pub /legis /n12.html It makes me wonder if I could challenge this, since I don't want to be part of Marineland's usage of the word "Everyone" and for good reason. It certainly would make for some good media coverage though??????? At any rate, If the City of Niagara Falls decides in favor of allowing Marineland to lease this property and blindly turns an eye to the true reason for John Holer requesting this then the City of Niagara Falls is participating and contributing to trying to stifle people from Freedom of Speech. Sincerely, Brian Topolinsky 905 - 736 -1616 (6/11/2012) Dean lorfida - FYI: Important and Urgent Page 1 From: Sarah Conidi To: Dean Iorfida Date: 6/11/2012 10:25 AM Subject: FYI: Important and Urgent »> Tara Goldin <taragoldin@gmail.com> 6/10/2012 10:02 PM »> To The Honourable Members of Council, I am writing this letter to all of you due to my concern about the Public Notice dated June 5, 2012. This notice is in respect to "Proposed restrict the common right of passage and to declare surplus those rights with respect to a specified area of Portage Road in the City of Niagara Falls." As part of the Canadian Charter of Rights and Freedoms, I have the right of Freedom of Peaceful Assembly, Freedom of Association and Freedom of Expression. I grew up here, and always felt that it was a place that flouished on diversity and difference. As you may know, many concerned citizens gather on this piece of public land and line the street in peaceful protest. We do not promote hate, we are peacefully educating and expressing to people about what we believe in.There is no sidewalk on this part of Portage Road, no pedestrian traffic and traffic into 7657 Portage Road is not blocked or impeded.Peaceful assembly is held on the land owned by the City of Niagara Falls. The business located at 7657 Portage Road has been open since 1961. There has never been any interest in purchasing this specific piece of land. It is such a narrow strip of land, it would serve absolutely no purpose for anyone to buy it.It makes me wonder why, suddenly, that this portion of land is now wanting to be bought? Could it be the fact that certain individuals or corporations want to gag and silence peaceful Freedom of Assembly, Freedom of Association and Freedom of Expression? What benefit could anyone (except the City of Niagara Falls) have to owning this piece of land that it didn't have 20 years ago? 10 years ago? That answer is nothing, except to stop increasing numbers of concerned and free thinking citizens to protest in a peaceful and educational manner.We are seen as a nuisance by the adjacent business and the only way to control our peaceful protesting is for the land to be bought so we can be arrested and charged with trespassing on private property. Why should this land be deemed surplus and sold when there are no grounds for it, unless people are protesting and you want to stop them from asserting their rights or shedding some light on truth? Maybe the business feels that we make people not want to go there, and they don't like that the public is being educated. We are not there everyday. We do not interfere with the lawful use or enjoyment of property by intentionally blocking an entrance to a building or property. We are not unlawful, chaotic, disorderly, clamorous, and uproarious or have an atmosphere of force or violence. 1 implore all of you, to deny the declaration of surplus and to not restrict the common right of passage. Please do not move forward with this process. We are dealing with many people who peacefully assert and want to continue doing so, the Freedom of Assembly, Freedom of Association and Freedom of Expression.Please don't take away our rights to do this on land owned by the City of Niagara Falls. Please show the world that Niagara Falls is a place where opposing opinions are respected, not muzzled.Where the pillars of our Constitution, Rights and Freedoms are upheld and treated with the importance that they deserve, and that we live in the True North, Strong and Free. Sincerely Yours, Tara Goldin 400 Vine St. St. Catharines, ON and 110 Belmont Dr. London, ON 519 472 1417 (6/11/2012) Dean Iorfida - Fwd: Portage Rd. From: Sarah Conidi To: Dean Iorfida Date: 6/11/2012 10:46 AM Subject: Fwd: Portage Rd. »> Denis Kelly <denislloydkelly@gmail.com> 6/10/2012 8:32 PM »> Dear Mayor and Councillors, I am writing to you in regards to the proposed restriction of the common right of passage on Portage Rd. It is clear to me that this is actually a proposal to restrict the constitutional right of free speech by muzzling the concerned citizens that demonstrate on that land in regards to the treatment of animals at Marineland. I hope that you will vote against this absurd proposal that goes against the Charter of Rights and Freedoms. I vote in favour of this proposal is nothing more than a vote that displays that Canada is not a democratic country. Sincerely, Denis Kelly. (6/11/2012) Dean lorfida - Fwd: Re: Portage Rd. Public Notice Page 1 From: Sarah Conidi To: Dean Iorfida Date: 6/11/2012 10:46 AM Subject: Fwd: Re: Portage Rd. Public Notice »> Dylan Powell <dylanjamespowell©agmail.com> 6/10/2012 7:10 PM »> Hello Mayor and Councillors, I am writing to you today as an organizer from Marineland Animal Defense - a non profit organization which educates the public on animal captivity. Demonstrations have taken place at Marineland (Niagara Falls, On) for over 20 years, with demonstrations increasing again over the last couple of years. These demonstrations consist of sign holding and leafleting to the public. The information handed to the public is vetted by lawyers and constitutionally protected. As an organizer with Marineland Animal Defense, no one at any of our demonstrations has been ticketed or charged for any offense and none of the SLAAP suits threatened by Marineland lawyers have ever been followed through on. The tactics of intimidation from Marineland have failed as the issues with the park remain unchanged and the convictions of those demonstrating are constitutionally protected and well founded. This suspected attempt by John Holer and Marineland to control access on Portage Rd. is their latest attempt to quell opposition and serves no other purpose. Holer and Marineland are attempting to gain this access so that they can criminalize freedom of speech and freedom of assembly. I am urging you to oppose this and call on Marineland to address the issues of public concern at their park instead of focusing solely on eliminating opposition. This is waste of taxpayer time and resources. If anyone would like to contact me about this issue I am on the East Coast on vacation of the next week but I can be reached at 289 - 969 -5730 or you can use this email address. The call for emails and support will carry on till Tuesday night and we would appreciate any public position statements on this topic from the Mayor and Councillors. Sincerely, Dylan Powell (6/11/2012) Dean lorfida - Fwd: Marineland Page 1 From: Sarah Conidi To: Dean Iorfida Date: 6/11/2012 10:52 AM Subject: Fwd: Marineland »> Liz Duchene <lizzz898 ©hotmail.com> 6/10/2012 1:40 PM »> Hello, I am writing to request you ensure public access to Portage Road. I object to the proposed restriction of "common right passage" on Portage road. I strongly believe it is important to preserve the fabric of Canadian Society. Our laws and culture respect and protect the right of citizens to hold differing points of view and to express them peacefully in a public venue. It is important that you, as a lawmaker and public leader, not allow one person's self- interest to repress other people and prevent them from expressing their point of view. Thank you for taking the time to read this. Please do respond and let me know if you intend to deny the proposed restriction of "common right passage" on Portage road. Respectfully Liz Duchene Beamsville, ON (6/11/2012) Dean lorfida - Fwd: PORTAGE ROAD RESTRICTION From: Sarah Conidi To: Dean Iorfida Date: 6/11/2012 10 :55 AM Subject: Fwd: PORTAGE ROAD RESTRICTION »> Wendy Cleaver <p nkerwick ©yahoo.ca> 6/10/2012 10:04 AM »> Your Honour: I understand that there is a proposal for a restriction of 'common right of passage' on Portage Road. When this comes up for discussion I want council to know that I oppose this restriction. Please vote No to this proposal. Thank you Wendy Cleaver Fonthill On penkerwickfiJyahoo,ca Page 1 (6/11/2012) Dean lorfida - Fwd: Proposed bylaw regarding sale of strip of land between Marineland and Portage Road Page 1 From: Sarah Conidi To: Dean Iorfida Date: 6/11/2012 11:04 AM Subject: Fwd: Proposed bylaw regarding sale of strip of land between Marineland and Portage Road »> Sparky Lurkdragon <sparky lurkdragon @yahoo.com> 6/9/2012 1:47 PM »> To the ones it concerns, from a concerned citizen of Oregon, USA: The right of free speech and assembly is a right held dearly by all democratic nations. This land grab seems fairly transparently an attempt to silence critical voices of the conditions at Marineland for its captive wildlife. I urge all of you, as leaders, to think of the voices of your people over the voices of a corporation that brings so much bad publicity to your region, both from animal lovers and even from other marine parks such as SeaWorld. Thank you for your time and consideration. - Jaime M. Smith (6/11 /2012) Dean lorfida - Fwd: Strip of and between Marineland and Portage Road Page 1 From: Sarah Conidi To: Dean Iorfida Date: 6/11/2012 11:06 AM Subject: Fwd: Strip of land between Marineland and Portage Road »> Arden Beddoes <abeddoes©gmail.com> 6/9/2012 1:07 PM »> Dear Mayor and Councillors, I am writing to express concern regarding your potential decision to sell the strip of land between Marineland and Portage Road. It is abundantly apparant that, in substance, Marineland's desire to purchase this land amounts to an attempt to suppress the constitutionally protected right to free speech of numerous concerned citizens. As a recent law school graduate who will be called to the bar of Ontario next week, I would be terribly disappointed to see elected representatives knowingly act as parties to the suppression of free speech. Please consider your decision very carefully. This is not just any sale of municipal land. It is much much more than that. Yours truly, Arden Beddoes, BAH, JD CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the execution of a Lease Agreement with Marineland of Canada Inc. respecting the leasing of a specified area of Portage Road. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Lease Agreement made between The Corporation of the City of Niagara Falls as Landlord and Marineland of Canada Inc. as Tenant, respecting the leasing of a specified area of Portage Road for a term of three years with an automatic renewal of successive one year terms. as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Lease Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Lease Agreement. Passed this twelfth day of June, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: June 12, 2012 June 12, 2012 June 12, 2012 -1— THIS LEASE AGREEMENT made this day of June, 2012. PURSUANT TO 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 "Landlord" - and - MARINELAND OF CANADA INC. Hereinafter referred to as the "Tenant" OF THE FIRST PART; OF THE SECOND PART. WHEREAS the Landlord is the owner of the lands described in Schedule "A" (the "Property ") of this Lease Agreement; AND WHEREAS the Property is a public highway; AND WHEREAS the Council of the Landlord is of the view that the Property is not currently required for the use of the traveling public; AND WHEREAS the Council of the Landlord has restricted the common law right of passage over the Property pursuant to section 35 of the Municipal Act, 2001; AND WHEREAS the Tenant is the owner of the lands described in Schedule `B" (the "Abutting Property ") of this Lease Agreement; AND WHEREAS the Abutting Property abuts the Property; AND WHEREAS the Tenant desires to have exclusive use of the Property; AND WHEREAS the Landlord has determined that granting exclusive use of the Property to the Tenant, subject to the reservations set out in this Lease Agreement, is in the public interest; —2— AND WHEREAS the Mayor and Clerk of the Landlord have been granted the authority by the Council of the Landlord to enter into this Lease Agreement; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to the following terms: 1. Subject to the rights reserved by the Landlord within this Lease Agreement and the terms and conditions contained herein, the Landlord grants to the Tenant, the exclusive use of the Property for a term of three years commencing on the 1 S` day of June, 2012, and terminating on the 31s` day of May, 2015. 2. Notwithstanding the foregoing, this Lease Agreement shall be deemed to be automatically extended after May 31, 2015 for further successive one year terms, from year to year on each anniversary of May 31, unless at least 30 days prior to any such anniversary date, either party notifies the other in writing that it elects to terminate this Lease Agreement at the end of the then current term. 3. The Tenant shall pay the Landlord the sum of SIX THOUSAND FOUR HUNDRED DOLLARS ($6,400.00), payable annually in advance, as a rental fee, upon commencement of this Lease Agreement and subsequently on each anniversary date during the term of this Lease Agreement. 4. The Tenant hereby accepts the Property in the condition existing as of the date of this Lease Agreement and will not call upon the Landlord to do or pay for any work or supply any equipment to make the Property more suitable for the proposed use by the Tenant hereunder. 5. The Tenant covenants with the Landlord: (a) to pay the rent as set out in clause 3 hereof; (b) to pay taxes (including local improvements) and all rates, lease fees and other charges imposed on or with respect to the Property as same become due; (c) to use the Property only for the purposes of decorative open space and in conjunction with the Abutting Property, and for the purposes of landscaping the Property in accordance with a landscaping plan to be approved by the parties hereto; (d) not to build or erect any building or structure of any kind on the Property; (e) not to pave the Property; -3— (f) not to change the grade of the Property without the express written consent of the Director of Municipal Works of the Landlord; (g) not to make any improvement of any kind to the Property, other than landscaping the Property in accordance with the landscaping plan referred to in paragraph 5(c) above, without the express written consent of the Director of Municipal Works of the Landlord; (h) to ensure that no refuse, litter, garbage or loose or objectionable material accumulates in or about the Property; (i) to ensure that no trees are removed from the Property; (j) to provide and maintain comprehensive general liability insurance in the minimum amount of Five Million Dollars ($5,000,000.00) with respect to its use of the Property during the full term of this Lease Agreement and any extension thereof, naming the Landlord as an additional insured, and to provide a certificate evidencing same, prior to the execution of this Lease Agreement and as required by the Landlord. Without limiting the generality of the foregoing, such public liability insurance shall contain provisions for cross liability, severability of interests and no cancellation or alterations without the consent of the Landlord; (k) To provide evidence to the Landlord that all of its employees are covered by the provisions of the Workplace Safety & Insurance Board Act and to pay all assessments in respect thereof. not to assign this Lease Agreement without the express written consent of the Landlord, which consent may be unreasonably withheld; to restore the Property to substantially the same condition at the expiry of this Lease Agreement as it was at the commencement of this Lease Agreement, unless the Landlord agrees to accept the improvements made by the Tenant at the end of the term of this Lease Agreement; (n) to indemnify and hold harmless the Landlord in relation to the reasonable costs of litigation associated with or arising from a proceeding or proceedings wherein the legality of this Lease is challenged on any legal premise whatsoever; (0) to comply with all federal, provincial and municipal laws, rules, regulations and by- laws and to hold the Landlord harmless from the consequences of its failure to do so; and (p) at all times, to acknowledge and comply with the rights reserved to the Landlord and -4— the public utilities in this Lease Agreement. 6. The Tenant shall at all times indemnify and save harmless the Landlord from and against any and all claims, demands, losses, costs, charges, expenses, actions and other proceedings (including those in connections with workers' compensation or any similar or successor arrangement) made, brought against, suffered by or imposed on the Landlord or its property which result from any failure by the Tenant to fulfill any of its obligations under this Lease Agreement or in respect of any loss, damage or injury (including injury resulting in death) to any person or property (including without limiting the generality of the foregoing, employees, contractors, agents and property of the Landlord) directly or indirectly arising out of, resulting from or sustained by reason of the occupation or use of the Property by the Tenant, or any operation in connection therewith or any fixtures or chattels thereon, unless such injury, loss or damage is due to the Landlord's negligence or default or the negligence or default of those for whom the Landlord is in law responsible. 7. The Landlord shall not be liable, directly or indirectly, for any personal injuries that may be suffered or sustained by any person who may be on the Property or for any loss of or damage or injury to property belonging to the Tenant or any person unless such injury, loss or damage is due to the Landlord's negligence or default or the negligence or default of those for whom the Landlord is in law responsible, in which case the Landlord shall be fully liable and in which case the Landlord shall indemnify the Tenant from and against any and all claims, demands, losses, costs, charges, expenses, actions and other proceedings (including those in connections with workers' compensation or any similar or successor arrangement) made, brought against, suffered by or imposed on the Tenant or its property which results therefrom. 8. The Tenant shall fully indemnify and save harmless the Landlord from and against all construction liens and related costs and other claims in connection with all work performed by or for the Tenant on the Property, and shall promptly remove all registered claims from title to the Property. 9. If the Tenant defaults in performing any of its obligations, other than the obligation to pay the rental fee described in clause 3 above, under this Lease Agreement, the Landlord shall give written notice to the Tenant of such default, giving the Tenant twenty (20) days to remedy such default, failing which the Landlord may terminate this Lease and the Tenant so notified shall then forthwith remove its chattels and fixtures, if any, from the Property and shall restore the Property to the condition in which it was at the commencement of this Lease Agreement, subject to the terms hereof. 10. The rights conveyed in this Lease Agreement are subject to the express reservation in favour of the Landlord, of the following rights of entry to the Property: (a) the right to enter the Property upon reasonable notice to the Tenant to conduct any —5— maintenance in relation to the Property, provided that same does not unreasonably interfere with the Tenant's occupation and use of the Property; (b) the right to install municipal infrastructure of any description including, without limiting the generality of the foregoing, signs, but not sidewalks, and provided that same does not unreasonably interfere with the Tenant's occupation and use of the Property; and the right to install, maintain and service any form of infrastructure that is situated on the Property of any utility or telecommunications entity that has statutory access to municipal lands, which right may be executed by such utility or telecommunications entity. (c) 11. The rights reserved to the Landlord in this Lease Agreement may be exercised by the Landlord, its employees and contractors, and by any utility or telecommunications entity that has statutory access to municipals lands. 12. The Landlord grants to the Tenant throughout the term of this Lease Agreement the right to quiet enjoyment of the Property, and the exclusive use, possession and control of the Property, subject only to the rights of the Landlord as set out herein. 13. 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 Agreement contained may be validly and effectually given by mailing the same by prepaid registered post or facsimile transmission, if intended for the Landlord, to: The Corporation of the City of Niagara Falls Attention: Legal Services 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356 -7521 Facsimile: (905) 371 -2892 and if intended for the Tenant, to: Marineland of Canada Inc. 7885 Stanley Avenue Niagara Falls, Ontario L2E 6X8 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. -6— 14. This Lease Agreement and any schedules hereto constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Lease Agreement other than expressed herein. 15. Proviso for re -entry by Landlord on non - payment of rent or non - performance of covenants, subject to the provisions of the Lease: (a) If the Tenant shall fail to pay an instalment of rent payable hereunder when due and shall 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 twenty (20) days after written notification from the Landlord, then the Landlord may take possession of the Property herein described and this Lease Agreement shall be terminated. (b) In case suit shall be brought for recovery of possession of the Property, 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 Tenant to be kept or performed, and a breach shall be established, the Tenant shall pay to the Landlord all reasonable expenses incurred therefor, including a reasonable solicitors' fees. 16. Wherever the singular or masculine is used in this Lease Agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to the several as well as joint. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean Iorfida, City Clerk MARINELAND OF CANADA INC. Per: Name: John Hiller Title: President -8- SCHEDULE "A" r eh— Y3j i I f ii !i :e lire,y 4 ASS es 6i [ Ia go,: !p� 1 I� a 1. C ill y rill' aYY s i C t 4 I ] ] !i ]I Ili j ]i� }� i n S f3 3 1 I o m t < f 3 pp FA- i d 2 i 1 }q tp�+ 1�1 a , • 9 1 5 P i 0 �g S :� i f.. 1: T iBg �- r tt gz 13 g6! �, • d p ' \ ,■ 0 • y. N ia•ui ra !��� e I W '*. V o j B P — 1 • \1 2 0 t 9 o N„ ' 1.x.K.A u.K, a N n. yF b i R a '-''n Q S z 1♦ v ' ( Y Ra r o 11 d 3 • .4 ; 3 r Q! 9pga I I Pg � .11! j i r � I^ n Ik`g 1 Y o r li i 1'k � C i it k] I 4 i I �..?. --1,-* 1 iy y r. ii a - a t.0.0, � -9— SCHEDULE "B" Adjoining lands owned by MarineIand of Canada Inc.: Parts 2 to 6, Reference Plan 59R -2878, being PIN 64256 -0063 (LT). (6/11/2012) Dean lorfida -GNGHF re Smith recommendations May 2012.doc G•N•G•H FOUNDATION FOR IMMEDIATE RELEASE June 6, 2012 Niagara Falls, Ontario Contact: Michael Somerville Telephone: 905 - 358 -4900 Email: michael .somervillegnghfoundation.com Greater Niagara General Hospital Foundation Endorses Dr. Smith's Recommendations In May 2012 Dr. Kevin Smith released his interim report on Restructuring of the Niagara Health System for consultation purposes. The Greater Niagara General Hospital Foundation (GNGHF) Board of Directors supports Dr. Smith's recommendations in general and the Board specifically endorses the creation of a new "South Niagara" hospital. The creation of a new acute care hospital in "South Niagara" will enhance and improve the delivery of health care for all residents of Niagara. As we work together to determine the future of health care delivery in Niagara, the GNGHF will play a supporting role. We will continue to raise charitable donations to purchase equipment for the existing Greater Niagara General Hospital site so that we can meet the health care needs of our patients as we move forward. The attached letter endorsing Dr. Smith's recommendations was approved by the Board of Directors of the GNGHF. -30- vw+ w.gnghfoundation.com (6/11/2012) Dean lorfida - Board letter re Dr Smith recommendations May 22 docx Page 1 7.7 G•N•G•H FOUNDATION May 22, 2012 On May 3, 2012 Dr. Kevin Smith presented his Interim Report on the restructuring of the Niagara Health System. One of the key recommendations contained in his report calls for the creation of a new general acute care hospital in "South Niagara ". The Greater Niagara General Hospital Foundation (GNGHF) wholeheartedly supports Dr. Smith's recommendations in general and we specifically endorse the creation of a new "South Niagara" hospital. We encourage the Niagara South Mayors, their Municipal Councils and the Regional Chair to make a decision on siting of the new "South Niagara" hospital expeditiously. Now is the time for our politicians to be part of the solution to bring the best health care possible for all residents of Niagara. We compliment Dr. Smith on his plans to obtain community feedback that is vitally important as we move forward. Engagement of all stakeholders, including the involvement of the health care providers and recipients is essential. We support Dr. Smith's plans to poll the community at large. GNGI IF will play a supporting role by continuing to raise money for state -of -the -art facilities and equipment benefiting everyone in the Niagara Region. We too will be part of the solution! We encourage you to join us in supporting Dr. Smith's recommendations — together we can make this vision a reality. On behalf of the GNGHF Board of Directors, Ruth -Ann Nieuwesteeg Board Chair