The URL can be used to link to this page

2012/11/13COUNCIL MEETING Tuesday, November 13, 2012 Order of Business and Agenda Package Niagaraf1alls U , COUNCIL MEETING November 13, 2012 PRAYER: Councillor Gates ADOPTION OF MINUTES: Council Minutes of October 23, 2012 * * * ** DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. BUDGET (5:00 TO 7:00 P.M.) 1 CAO- 2012 -01 - 2011 -2014 Strategic Priories - Midterm Progress Report 2. The Director of Finance will give an overview of the Operating Budget. 3. The Directors of the Administrative Departments will provide an overview of their respective budgets. PRESENTATIONS/ DEPUTATIONS (7:00 P.M.) Niagara Falls Falcons Niagara Falls Falcons Major Mosquito Baseball Team will be recognized for winning the Provincial championships. Team Members: Willy Jackman, Dennis Lescombe, Leif Burciul, Mason McRae, Owen Diodati, Kyle Fortuna, Noah Fortuna, Andy Berti, James Egan, Lucas Lafortune and Andrew Waters. Mike McRae - Head Coach, Ryan Diodati - Assistant Coach and Mark Fortuna - Manager. 2 Remembrance Day Commemoration Local high school students will be recognized for providing murals as artistic backdrops in for the Central Vets Remembrance Day ceremonies. A.N.Myer Secondary School: Karen Black, Teacher, Amanda Fragnito, Sue Ann Cole and Alex Shafley, Stamford Collegiate: Amy Ballett, Teacher, Katie Jolley and Melanie Crichton. Westland Secondary School: Monica Hepburn, Teacher and Jessica Lammert; St. Michael Catholic High School: Sarah Yablo, Teacher, Nicole Panday and Jessica Esteva; St. Paul Catholic High School: Mark Griffis, Teacher, Raiza Mativo and Molly Hockton. Queen's Diamond Jubilee Medals The Mayor and Michael L. Blais, CD, Founder /President, Canadian Veterans Advocacy will present Queen's Diamond Jubilee medals for Military and Veterans - related recipients, Tom Metcalf and Hubert Lalonde. PLANNING MATTERS Public Meeting City- initiated Official Plan Amendment No. 107 Proposed Urban Boundary Expansion Background Material: Recommendation Report: PD- 2012 -68 -AND - Correspondence from Dr. John Bacher Correspondence from Thomas Richardson, Sullivan Mahoney REPORTS 1. Todd McDonald, Performance Concepts Consulting, will provide a presentation on new business rules for the Building Department. -AND- Fresh Start: Performance Improvement Re; Building Services Development Approvals Process. 2. F- 2012 -51 - Development Charges Waiver for Heartland Forest 3. CD- 2012 -10 - 2013 Council Schedule 3 MAYOR'S REPORTS, ANNOUNCEMENTS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK 1 Correctional Service Canada - requesting November 18th - 25th be proclaimed as "Restorative Justice Week ". RECOMMENDATION: For the approval of Council. 2. Nick Roma Foundation - requesting a waiver for two hours of ice time. RECOMMENDATION: For the consideration of Council. Additional Items for Council Consideration: The City Clerk will advise of any items for Council consideration. RATIFICATION OF "IN CAMERA" RECOMMENDATIONS CONSENT AGENDA THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME. PRIOR TO THE MOTION BEING TAKEN, A COUNCILLOR MAY REQUEST THAT ONE OR MORE OF THE REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY. BDD- 2012 -10 - Tourism Partnership of Niagara (TPN) Regional Tourism Organization (RTO) Grant ET Canada New Year's Eve Niagara Falls Show F- 2012 -48 - Monthly Tax Receivables Report F- 2012 -49 - Tax Sale Extension Agreement L- 2012 -21 - Permits Authorizing Temporary Use of City Lands MW- 2012 -55 - Assumption of Various Subdivisions MW- 2012 -56 - Kinsmen Court Business Area Sign Land Acquisition from Niagara Region - 4 - MW- 2012 -58- Fireman's Park - Fee For Service and lease Agreement with Stamford Centre Volunteer Fireman's Association PD- 2012 -61 - Information Report Ontario Wetland Evaluation System R &C- 2012 -21 - Tree Request R &C- 2012 -24 - Review of 2012 SIo -Pitch Tournament Weekends R &C- 2012 -25 - Sports Wall of Fame 2012 Inductees BY -LAWS The City Clerk will advise of any additional by -laws or amendments to the by -laws listed for Council consideration. 2012 -110 2012 -111 2012 -112 2012 -113 2012 -114 2012 -115 A by -law to authorize the execution of an Agreement of Purchase and Sale with Zeijko Ristic, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to authorize the execution of an Agreement of Purchase and Sale with Darko Buric and Elvira Buric, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to authorize the execution of an Agreement of Purchase and Sale with Vincent DiLibero and Carmela DiLibero, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to authorize the execution of an Agreement of Purchase and Sale with Darryl Lee and Tammy Hutcheon, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara." A by -law to authorize the execution of an Agreement of Purchase and Sale with Basil Sowinski and Dorothy Sowinski, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara." A by -law to authorize the execution of an Agreement of Purchase and Sale with Leonard Mather and Gwendolyne Mather, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara." 2012 -116 A by -law to authorize the execution of an Agreement of Purchase and Sale with Thomas Gordon Johnson, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara." 2012 -117 2012 -118 5 A by -law to authorize the execution of an Agreement of Purchase and Sale with Todd Overall and Debbie Overall, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Through Highways, Stop Signs at Intersections) 2012 -119 A by -law to amend By -law No. 79 -200, to permit two apartment dwellings on the Lands. (AM- 2012 -007) 2012 -120 A by -law to provide for the adoption of Amendment No. 106 to the City of Niagara Falls Official Plan. (OPA No. 106) 2012 -121 A by -law to amend By -law No. 79 -200, to permit a three unit on street townhouse dwelling on the Lands. (AM- 2012 -011) 2012 -122 A by -law to authorize the execution of an Extension Agreement with 1077500 Ontario Inc. (Tonn Hui Yi) respecting a tax obligation. 2012 -123 A by -law to authorize the execution of lease agreement with the Stamford Centre Volunteer Firemen's Association (SCVFA) respecting leased portions of land within Firemen's Park for the purpose of a dog park and a youth complex. 2012 -124 A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13`h day of November, 2012. NEW BUSINESS Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Chief Administrative Officer CAO- 2012 -01 November 13, 2012 SUBJECT: CAO- 2012 -01 2011 -2014 Strategic Priorities - Midterm Progress Report RECOMMENDATION That the attached 2011 - 2014 Strategic Priorities - Midterm Progress Report be approved. BACKGROUND On January 31, 2011, the following 2011 -2014 Strategic Priorities for the City of Niagara Falls were adopted by City Council: • Economic Vitality Infrastructure Sustainability Financial Stability Convenient, Accessible and Sustainable Transportation Customer Service Excellence Organizational Efficiency and Effectiveness Healthy and Safe Community Well- Planned City Through their strategic planning process, Council is committed to keeping the priorities current, informing the community about the Strategic Priorities and reporting back on a regular basis in several ways: • the Strategic Priorities will be reviewed on an annual basis by Council to ensure relevancy and to build in the capacity to respond to emerging issues. • the Council report format includes a section where the Strategic Priority to which the subject of the report relates is identified. • the 2011 -2014 Strategic Priorities will be shared with citizens and staff, and, will become a primary communications tool for the City. • progress updates will allow us to celebrate our successes and to consider the tasks ahead. The Strategic Priorities have been integrated into operational actions and strategies by the Senior Management Team in order to move the priorities forward. They have also been linked to the budget as part of a comprehensive strategic management system that also November 13, 2012 - 2 - CAO- 2012 -01 includes performance management and measurement systems to evaluate success in achieving the goals. The Priorities are addressed through both short term and multi -year initiatives, with costing to be addressed through the regular budget process. Progress on the Strategic Priorities actions and strategies is reviewed to provide the capacity to respond to urgent or emerging issues, and to ensure that work plans are focused, clearly articulated and understood. ANALYSIS /RATIONALE The attached 2011 -2014 Strategic Priorities Midterm Progress Report provides an overview of the progress to date on implementation actions and strategies. Of the more than 200 items that are described in the report more than 60% are complete or ongoing at the midpoint in the Council term. Two new major initiatives have arisen since Council adopted the priorities in January 2011 and have been included in this progress document: • The City's purchase of the Battlefield School property in February 2012 added an integral piece of the Lundy's Lane Battlefield lands. Action items around tying the property into the Drummond Hill Cemetery and developing appropriate interpretation are included. In September 2012, Dr. Kevin Smith's final report to the Minister of Health and Long Term Care on the Restructuring of the Niagara Health System recommended the construction of a new general acute care hospital in South Niagara in the vicinity of the QEW and Lyon's Creek Road. Additional actions have been included under the Healthy and Safe Community Priority to address this opportunity. Additional emerging issues may be added by Council to this document, as desired. CITY'S STRATEGIC COMMITMENT Staff is committed to preparing progress reports to keep Council and the community apprised of the initiatives and activities undertaken to accomplish City Council's 2011 -2014 Strategic Priorities. LIST OF ATTACHMENTS 2011 - 2014 City of Niagara Falls Strategic Priorities Midterm Progress Report, November 2012 Respectfully submitted: Ken odd, Chief Administrative Officer 2011- 2014 City of Niagara Falls Strategic Priorities Midterm Progress Report (Attachment for CAO- 2012 -1) is NiageraJ %nllx BD Business Development C Clerks CAO Chief Administrative Officer F Finance FD Fire Department Economic Vitality HR Human Resources IS Information Systems L Legal M Mayor MW Municipal Works NFT Niagara Falls Tourism PBD Planning, Building & Development RC Recreation & Culture SBEC Small Business Enterprise Centre TS Transportation Services ACtIOnPMn Status ewttptet9 ` Responslbf fly Review corporate policies and practices to encourage support of ',Alternative Project Delivery Review including new consultatnt selection policy, a delegation policy and staff reorganization', Report to Council 4th Quarter MW /L /C local businesses and workers with the goals of stimulating the will improve timelines for capital projects 2012 and reducing our carbon footprint. Implement the rubber tire People Mover system in 2012 Agreements with NPC and Provincial and Federal governments finalized : Complete, BD/TS • WEGO began operation in August 2012 Complete ' BD/TS !• ITS provider Clever Devices to complete implementation - March 2013 TS Final building design November 2012 TS /BD • Feds have agreed to move March 2013 deadline to March 2015 Complete BD Reinvest in our Community Improvement Areas (CIPs): • Complete Main /Ferry Streetscaping Project. The Region and Bell Canada are doing additional work in this area. Complete MW • Complete Downtown Revitalization Project - Ph 2 (90% Complete - top coat and MW asphalt remaining) • Promote the Niagara Falls History Museum and Niagara Falls Farmers Market as catalysts for new development in Ongoing RC the Main & Ferry area • Pursuing permanent GO Train which is a key infrastructure benefit to the downtown', Ongoing discussions with GO BD/CAO and the Seaway Authority Continuing the Community Improvement Programs (CIPs) in the • Work with BIA's in promoting CIP districts to perspective investors Ongoing, BD Downthown and Main & Ferry areas • Create incentives and investment portal on new BD website to highlight incentive programs in CIP and districts as Ongoing - BD /IS well as Brownfield programs. Road /Streetscape Infrastructure at Main and Ferry Complete MW • Road /Streetscape Infrastructure in Downtown (909/. Complete - top coat and MW asphalt remaining) ',• Refine programs - consider revising residential loan program to grant program in the downtown - Ongoing ; PBD • Expand programs - The Region has developed a CIP for the Economic Gateway Zone along the QEW. This will be Ongoing PBD referred to the City's 2013 budget. Promoting the Niagara Falls Historical Museum and Sylvia Place Market • Niagara Falls History Museum construction Complete MW /RC as catalysts for new development in the Main & Ferry area • Heritage Tourism Product Development/building the visitor experience and promote the opening of the Niagara Falls Complete RC /BD History Museum. (Retained Sponsorship for the multi -media Museum promo clip through private sponsorship and for a feature video to viewed in the new Lundy's Lane Battlefield visitor Centre), 1 Strategic Piiontj! ■ Action Plan Status Economic Vitality, coned Promoting the Niagara Falls Historical Museum and Sylvia Place Market • Bicentennial of the War of 1812 Celebrations, Task Force Committee & Sub - Committee Events (1 e Jan 14 Levee, as catalysts for new development in the Main & Ferry area June 2012 museum opening, etc.) Identify and implement strategies to commemorative and interpret the Battle of Lundy's Lane on the newly acquired Battlefield School lands. Renew focus on capitalizing on Niagara Falls as a brand name Identify and implement strategies for retaining and attracting youth to Niagara Falls • Niagara Falls Farmers Market redevelopment - redevelopment plan for the Farmers Market Master Plan was prepared - document provides a number of action items for redevelopment including integration of the market, transit terminal and parking lot. The plan will be revisited to make it more cost effective. 2012 -2014 Ongoing Complete Responsibility BD /RC RC /BD/TS Develop plans for the 200th anniversary of the Battle of Lundy's Lane in July 25, 2014, working with the Regional Ongoing RC /BD /PBD !Legacy Committee and NPC /MW /TS Complete RC • Marketing Strategy has been implemented , development of education program for teachers, partnered with Niagara Falls Transit to offer free transportation to municipal facilities to increase traffic to the Museum. • Niagara Falls Farmers Market - land acquisition. The former Serbian Cultural Centre has been acquired and will be demolished. (October 2012) • Acquire additional property on Pier Street to accommodate WEGO, subject to budget consideration. Complete PBD 2013 PBD • Developed and promoted monthly special events at the market for the summer of 2012. - ` Complete RC • Further enhanced Culturefest 2012 , • Plan for the integration of the Battlefield School site with the Drummond Hill Cemetery lands. • Prepre and implement appropriate Battle of Lundy's Lane interpretation on site. • Developed new programs and events in 2012 for the market and museum. NFHM has initiated a marketing startegy Complete RC Complete RC and developed a Thursday night series of events and activities and has participated in local cultural events. • Continue to develop and promote montly special events at the market and museum. Investment/Business portal on City's website — Business investment activities and opportunities Niagara Falls Tourism /RTO - promote Niagara Falls as demand generator for the Region /Province Leverage the strength of the Niagara Falls brand Work with developers to improve the product offering (i.e. Two Towers Project) • Binational network of local leaders committed to the sustainable development of the cross - border Niagara Region. Agreement to maximizing opportunities related to the Bicentennial event 2012 -2014. This initiative has been compromised due to the closure of the Canadian Consulate in Buffalo. Focus has shifted to Cross Border Mayors. Establish a framework for adding Bi- national regional needs and realization synergistic strength by focusing on shared assets and ambitious and strategic areas of cross border engagement. Ongoing RC Ongoing BD /IS Ongoing i.. _ BD. Ongoing BD Ongoing BD Ongoing BD 'Continue to secure domain names as required to protect our brand as well as maintain official YouTube. Twitter and Ongoing IS Facebook sites for the City of Niagara Falls .. 2 Strategic Priority Action Plan Status Complete Responsibility Economic Vitality, coned Actively pursue economic development opportunities such as: Capitalizing on the opportunities the development of the Scotiabank Convention Centre brings • Implement Canadian Youth Business Foundation Program (CYBF) A National charity that helps young Canadians 18- 34, start and sustain their own small business. CYBF provides up to $15,000 in start -up financing, and hand - matches every entrepreneur with a mentor. Youth recommended into this program are also able to gain an additional $15,000 from the Business Development Bank of Canada (BDC) This program can be set up in the Niagara Falls Small Business Enterprise Centre, but more office space would be needed to accommodate. • Pilot Annual Entrepreneurship Conference- Target Grade 12 students across the region to either Brock /Niagara College to promote sector specific innovation, professional services and entrepreneurship as a viable career option in highly skilled industries. Would like to have a variety of successful entrepreneurs to talk to students and run interactive exercises • Proposal for Youth Entrepreneurship Partnership Program (Up to $75,000). Provides funding to support facilitates the development of an enterprising culture amongst Ontario's youth by providing them with educational and entrepreneurial opportunities and programs. This program would target post- secondary students in Niagara College and Brock University. • Host Mayors Youth Advisory Committee Youth Forum and Follow Up Survey as an opportunity to gather information directly from the youth Identify to employers Provincial and Federal youth hiring programs through Company visitation program Write appropriate resolutions to senior levels of government. Petition Regional and Federal governments (Thorold Stone Road Extension, VIA cuts). Complete funding applications (Infrastructure Improvements, Enabling Accessibility Funding) • SCC is seen as key opportunity to extend length of stay in the off season - serves as a catalyst for new development 'around the facility Ambassador Program Promotion at SCC, video clip messages website links. hand -outs. Potential Speaker series to convention/events booked at the SCC. Promote Spouse /family Niagara experiences • Investigate commercial air opportunities with Niagara District Airport to support SCC • Plan for elevated connecting walkways from hotels to casinos and SCC has been prepared and shared with tourist 'industry . Seeking private funding • Implementation of the People Mover to connect all tourism districts to the SCC providing maximum benefit to all districts • Participate on the Development & Strategy Committee for RTO to support SCC Complete SBEC Spring 2013 SBEC Spring 2013 SBEC Complete RC /M Ongoing SBEC Ongoing C Ongoing BD Ongoing BD Ongoing BD Ongoing -... BD BD/TS Ongoing BD. Working with other levels of government to support the expansion of GO • EA has been completed by the Province Complete BD /CAO /M Train service year round Facilitating meetings with GO and Seaway Authority to deal with canal implication • Continue to lobby Province to have Niagara Falls as the terminus for the GO Train service Provide established Economic Gateway Zone In Niagara Falls due to its importance to cross border trade. City of Niagara Falls and Niagara Region have passed reports to move forward with establishment of this Zone. 2011 -2014 BD /PBD 2011 -2014 BD /PBD Ongoing BD /PBD 3 Strategic ty Action Plan Status Complete Responsibility Economic Vitality, cony() Fostering relationships with post secondary institutions to generate inroads to education sector development • Province intention was to create opportunities for cross border trade, goods movement and enhanced economic activity • Provide for and and infrastructure for continuous sustainable development • Work in partnership with the Region, Province to finance and provide adequate and fully serviced attractive employment lands to allow for job opportunities • Work with partners to explore opportunities for establishing a Tax Increment Financing Zone This is included in the Ongoing Region's CIP but has not yet been adopted by Council and will be subject to budget deliberations. • Work with the Province to create and accelerate EA approval process • Explore opportunities with the Feds to establish in Export Distribution Zone. • Economic Gateway Zone identified in Places to Grow indicating it should have special status to encourage development along the corridor. Some policies are included in OPA 94. In addition, staff are working with the Region on the Northwest expansion • Needs to go to next political steps through Niagara Week • Explore with Region possible OP policies BD /PBD • The NFSBEC has and wilt continue to nurture long- standing relationship with post- secondary institutions and offer any Ongoing BD entrepreneurial, business skills or resources to better advance our local secondary and post- secondary schools. Also have a long- standing relationship with Business Education Council. • Explore opportunities with post secondary institutions as potential satalite campus sites. Ongoing BD /CAO • Potential for input from youth at Youth Forum and Follow up Survey Ongoing RC • Work with NEDC to generate levels as noted below: Ongoing - BD /PBD Target wind energy assemblers and component manufacturers to demonstrate Niagara companies have the capability to become part of supply chain - promote supplier opportunities through the Great Lakes Wind Network based in Cleveland • AttendWind Power Show. CANWEA and CANSEA trade shows, HUSUM Wind Energy event in Germany, Power Expo (Solar and Wind) Explore bio diesel opportunities • Digital media opportunities - focusing on itneractive design, 3D modeling, animation. digital film and video's web design. Attend various trade events and leverage Provincial participation. • Undertake an analysis to study the economic development opportunities associated in the Health and Wetness sectors. The Main and Ferry CIP encourages this type of development due to proximity of GNGH, pending location for the development of a new hospital • Undertake analysis of the advance manufacturing sector and identify supply chain and production opportunities. • Review zoning by -laws to ensure land use opportunities exist. • The restructuring of economic development at the Niagara Region has impacted these efforts. Meeting monthly with the Regional Economic Development Director. Strategic Priorfy Action Plan Economic Vitality, cont'd_ Business Lead Generation Program, green energy, health - related, and digital media sectors Approved destination status with China Developing a small business incubator enterprise centre Authentic Eco and Heritage Tourism opportunities Focus on business retention: • Work with Niagara Falls Tourism /Province as China seen as an emerging market • Work with Niagara Falls Tourism and RTO to explore the market and ways to leverage ADS - meet with Chinese consulate regarding the most effective way to market the destination in China Work with the consulate to host key delegations to Niagara Falls. • Trade mission to China and ongoing meetings with the Chinese Consul General, and hosting of tour operators. • MEDT will provide relocation costs of 520,000 (Plus city reserve fund money) to move the SBEC into a larger office space to house a business incubator centre. Would like to start off with room for 6 tenants with a location that has room to grow. SBEC can act as a vital support offering office space and mentoring to businesses. Status Ongoing Ongoing December 2012 Complete Responsibility BD BD Complete BD /M /CAO BD /SBEC • Work with Bicentennial War 011812 Committee, Niagara Falls Tourism, RTO, NPC to promote heritage tourism Ongoing BD opportunities • Geocaching project • Develop and expand walking tours. Addition of cell phone or some type of recorded message to highlight heritage of NF • Interpretation of the Lundy's Lane Battlefield - National Historic Site • Development of engaging new permanent galleries at Niagara Falls Museum • Battle Ground Hotel improvements Ongoing RC Provide procedural guidance on the formation of any advisory committee to Council Ongoing C • Small Business Enterprise Centre working to assist individuals who are looking to start up business first point of Ongoing BD /SBEC contact and assist them with their plan, host number of various seminars for small business meet with high schools to promote entrepreneurship • Provincial funding for summer company programs directed to university and college students • The NFSBEC continues to consult and conduct site visits to new and assist existing entrepreneurs. This service will continue to facilitate the development of entrepreneurs and assist them in reaching their goals. Monthly seminars are also offered and is promoted in The Small Business Insider', a quarterly newsletter sent to all clients and external stakeholders. Supporting and fostering growth in the small business sector Work with Niagara Falls Tourism, BIA's to investigate the capital project requirement Creating a task force to investigate financing for the tourism sector Work with Region of Niagara on development of tax policy Ongoing Ongoing BD /F Reviewing industrial and commercial tax policies Implement annual roundtable with sector specific business /community leaders to discuss issues impacting their 2013 BD /CAO /M business. Creating a Mayor & Council's Business Advisory Committee comprised of business leaders and visionaries from across the City 5 Straus tE MglMy'_ Economic Vitality, confa_. Encourage development of new tourism products: 7,000 seat entertainment centre Action Plan Write appropriate resolutions to senior levels of government (Completed resolutions related to the SCC) • Work with OLG & Province to develop a world -class entertainment centre • Meet with various Ministeries who have the capacity to move the initiative forward Status Ongoing On -going • Work with the Niagara Sports Commission and Niagara Falls Tourism to attract Province and National events to Ongoing Niagara Falls. For example, the Grand Fondo in 2013 and Red Bull Crashed Ice in 2012. • Work with Tourism Stakeholders - a new Events Development and Strategy Committee has been formed including representatives from the City, NPC.NFT the Chamber, the BIAS and WFOL Ongoing Promoting and expanding year round sport tourism opportunities utilizing • Finalize the Sport Tourism policy and Rebate Program in partnership with NF Tourism City recreation facilities such as the Gale Centre • Develop and implement a marketing plan to promote the Gale Centre Promoting new heritage tourism products such as the new Niagara Falls Historical Museum and War of 1812 Bicentennial Celebrations • Promote to BIA, business, residents to join in the celebrations Ongoing • Build up the events and legacy project including museum, heritage trails Ongoing • Peace Garden established at Downtown Park in association with Hatch • Catalyst for the Historic Drummondville CIP Ongoing • Work with Tourism Stakeholders re product development in light of 2012 celebrations Ongoing • Develop and implement a marketing plan to promote the Niagara Falls Farmers Market • Develop and implement a marketing plan to promote the Niagara Falls Museums • Work with BDD to get packages to tour companies and the hotel industry once the 1812 celebrations are confirmed • Developing plan for 200th anniversary of the battle on July 25. 2014 working with Regional Legacy Committee and NPC • Expand website and create e- newsletter 2012 -14 Complete nassgn.mmty C BD /CAO /M BD /RC /NFT BD Complete RC BD /PBD /RC Complete RC • Utilize architecture files from MHC to update Architectural Walking Tour 2013 PBD • Battle of Lundy's Lane Walking Tour complete. Complete • Working toward enhanced interpretation of the Battlefield. Ongoing 6 Strstegle:Pdomy Action Plan Status Complete Responsibility Infrastructure Sustainability Develop asset management plans that prioritize projects based on need by: • New Development Charges By -law • Ensure any changes/ public meetings re development charges are m compliance with the DC Act • 2012 Municipal Works Capital Program • Alternative Project Delivery • Development Charges Bylaw Peer Review - Report to Council March 2012 • Lot Grading Policy and Bylaw Review • Construction Records /Drawing System Review • WRAP Program Update - Report to Council February 2012 • 10 Year Capital Needs Assessment • Bridge & Culvert Condition Assessment completed in 2011 • Asset Management Records & Reports (Roads Network Roadside Amenities Waterman Network Sanitary & Storm Systems, Bridge & Culvert System) Parks Maintenance Standards Manual • Trails & Pathways Maintenance Policy • Cemeteries Service Delivery Review 2013 As needed Report to Council 4th Quarter 2012 4th Quarter 2012 Completion subject to Budget approval for student In 2013 4th quarter 2012 C /F /MW Complete MW /F MW Complete MW /F MW MW Complete MW Complete MW /F Complete MW Complete MW /F /IS MW MW MW /CAO Complete 4th quarter 2012 7 StratetlioFtldf ty Action Plan Status. Complete Responsibility Infrastructure Sustainability, cont'd Develop asset management plans that prioritize projects based on need by: • Playground Equipment Condition Assessment • Streetlighting Pilot Study - LED Technology • Cartegraph Requestor/Work Order Implementation Sidewalk Inspection Program Winter Maintenance Policy Review Service Centre Modifications - Ongoing. Roof Report October 2012. Security improvements in 2013 Capital Budget. Fleet SDR Report to Council Spring 2013 Work Order Implementation Request 100% complete - Complete October 2012 Complete MW MW MW /IS Complete MW Complete MW Ongoing MW /PBD Ongoing 1st Quarter 2013 MW Rental Rates Analysis and Update Ongoing MW /F 5 YR Vehicle & Equipment Replacement Program - - Ongoing MW /F /FD • Alternative Fuel /Environmental Stewardship Program Ongoing MW • Operator Training Program Subject to budget MW considerations • Restoration Program Review Complete Report to Council February MW 2012 • Water Meter Reading Review Under Review MW /F '• Bypass & Backflow Prevention Investigation 80% complete - program MW Ongoing'. • Water Conservation Program - Toilet Rebate Program Ongoing I MW /F Preparing a ten year capital needs assessment for roads, sewers. water, '• Sewer Lateral Maintenance Services Review - Report to Council February 2012 and currently being implemented Complete MW fleet, technology, property. Undertake reviews to improve sustainability • Research and provide reports to Council regarding City owned Buildings. Reports will contain relevant information as 1st Quarter 2013 PBD to the total number of buildings in our inventory current uses, condition assessments, energy cost and legislative requirements such as the management of asbestos and other hazardous materials as wet as accessibility for the disabled along with all the associated financial implications positive or negative. • Development Charges Policy Review Complete • Bridge and Culverts Sustainability Review Complete • Wastewater Rate Study & Functional Review Ongoing • Operational Improvement Studies Ongoing MW /F 8 Strategic Priority Action Plan Status Complete Responsibility Financial Stability Develop strategy for appropriate level of taxation: Ensuring long term sustainability of municipal infrastructure Ensuring efficient and effective delivery of core municipal services Implement Zero Based budget technique in development of the 2012 Operating Budget Competitive Tax Rates to attract investment • Development Charges - respond to Region's new Smarter Niagara Incentive programs and support the recommendation to eliminate industry DC Redevelopment can be new industries not lust housing /commercial • Development Charges By -law Peer Review -Report to Council March 2012 • New Development Charges By -law • Alternative Project Delivery • Fleet Services Delivery Review • Cemetery Services Delivery Review Develop strategy for appropriate level of utility rates and fees: Implement Zero Based budget technique in development of the 2012 Utility Budget Ensuring long term sustainability of municipal infrastructure '.• 10 Year Capital Needs Assessment • Water Meter Reading Review Ensure resources are focused on core programs and services by: Ongoing Ongoing 2013 4th Quarter 2012 1st Quarter 2013 4th Quarter 2012 Ongoing Under review Reviewing fee for service and grant arrangements for community groups • Develop a grant policy and agencies • Develop draft contracts for all fees for service groups 4th Quarter 2012 • Fees for service reviewed annually as part of budget Ongoing Rationalizing City owned assets Municipal Works Section of Asset Management Records & Reports • Research and provide reports to Council regarding City owned Buildings Reports will contain relevant information as 1st Quarter 2013 to the total number of buildings in our inventory, current uses, condition assessments, energy cost and legislative requirements such as the management of asbestos and other hazardous materials as well as accessibility for the disabled along with all the associated financial implications positive or negative. Developing a risk management framework Complete insurance RFP and implement consultants for Risk Management Ongoing BD /F Complete MW /F Complete MW /F Complete F /RC Complete • MW /F /IS .. _ .. PBD. • Tools to aid Risk Management: Ongoing ,• Cartegraph Requestor/Work Order Implementation Complete • Sidewalk Inspection Program Complete • Winter Maintenance Policy Review Complete • Development Charges By -law Peer Review Complete MW /F /IS Developing a debt management plan • Develop 10 year debt management plan Complete F • Reviewed annually as part of budget process Ongoing Developing a strategy to maximize revenues from non -tax revenue • To maximize user fees and to ensure user fees are competitive Ongoing RC • Investigate any opportunities for increased revenue at the Gale Centre, Coronation Centre. MacBain Community Ongoing RC Centre. Museums, and Niagara Falls Farmers Market • Planning fees are now based on full cost recovery and will be reviewed on a regular basis to ensure this continues. Complete PBD 9 *tattoo mammy Action Mon Status Complete Respomtbnity Convenient, Accessible and Sustainable Transportation Make Niagara Falls Transit an environmentally responsible, reliable, Implementation of the Business Plan requires the purchase of infrastructure, an increase in operational funds to bring the and convenient choice that connects people to destinations through service up to the service levels of a peers. Council approved the Transit Strategic Business Plan and revised routing in the implementation of the Transit Strategic Business Plan and principle. Ridership Growth Strategy Form an advisory committee of transit users and stakeholders to rAdhoc Transit Routing Advisory Committee to addressed a revised route structure, new buses, sub - terminals, accessible provide input on transit service to Council and Staff ',bus stops and their recommendations were referred to the 2013 budget process. Complete and implement the Transportation Beyond Tomorrow 2031 The Master Plan has been completed and filed with the MOE in January 2011. Sustainable Transportation Master Plan. • Implement Signing Strategy is complete. • Initiate Infrastructure Improvements. This is ongoing and subject to the 10 Year Capital Plan. • Commence Active Transportation Strategies - complete. Include Intensification policies in OP to support transit - OPA 94 included these policies, but is currently under appeal. 2012,2013,2014 Ongoing TS Complete TS Complete Complete Complete Complete TS PBD Continue to ensure that environmental, health and social benefits, Update Traffic Impact Study guidelines and Traffic Development Guidelines to encourage active transportation and Complete TS direct transportation planning and design decisions related to ,public transit use walking, cycling, and public transit Assist to promote and educate staff and community on the benefits of walking and cycling and Join interdisciplinary teams. Integrate Niagara Falls Transit facilities with the proposed People Council approved the integration of the two facilities at its meeting on October 24, 2011. The new facility is scheduled for Mover Facility. completion in 2014. Ongoing 2014 RC BD/TS People Mover Tech Team Ensure "Barrier Free" accessibility of new transit facilities and • Ensure implementation of Facility Accessibility Design Standards (FADS). The results are budget dependant, currently 2013/2014 C /PBD /HR buses. there is 75% bus accessibility, 100% accessibility has been budgeted for by the end of 2013. • Regular meetings are being held on compliance requirements for Accessibility for Ontanans with Disabilities Act • Developing new guidelines for Chair -A -Van and investigating the possibility of the Disability Advisory Committee being the appeal body for the eligibility appeals • Replacement of existing buses (4 remaining) that do not meet AODA Accessibility standards Ongoing TS • Implement Accessible Bus Stops subject to budget deliberations Improve inter - municipal transportation service and frequency. Hourly Service between St. Catharines, Welland and Niagara Falls began in September 2012. Complete TS Continue the parking operations user -pay philosophy through the '• Undertake a review of current Parking Operations and develop 10 Year Parking Capital Infrastructure Program Contingent upon 2013 Budget -- TS /F development and implementation of a Ten Year Parking Capital • Undertake a service delivery review for Parking Enforcement Infrastructure Program and Rate Stabilization Plan 10 Strata Pdedty Action Plan Status Complete Responsibility Customer Service Excellence Commit to a Values Based Corporate Culture: Implementing Corporate Values throughout the organization Developing a Code of Ethics Foster a customer focused organization by: Includes a promotional program recognizing staff who live the values and poster placement. Customer Service Standards Committee will also discuss ways to implement values across the corporation Code of Ethics to apply to both staff and Council (Draft completed February 2012) Training staff in customer service excellence and continuous Customer Service Training of all union and non -union staff is underway Program to educate staff about continuous improvement in development 2012 -2013 improvement 4th Quarter 2012 Complete HR /CAO Complete HR Complete HR Regular training of Clerks staff to improve customer service standards, interested staff currently receiving lottery Ongoing C licensing traning. • Cemetery improvements to Fairview Office - subject to budget considerations Ongoing MW • Service Centre Modifications Ongoing • Operator Training Program Subject to Budget Implementing customer relationship management tools The CarteGraph system wit help to provide CRM tools by tracking service requests from the public Ongoing IS The Customers Service Standards committee will help identify new tools for relationship management. Ongoing HR /CAO Developing customer service standards and practices '• Complete insurance RFP and implement consultants for Risk Management Complete HR /CAO • Recreation & Culture partnered with Niagara Falls Transit to offer free transportation to municipal facilities for Complete elementary school children. Creating a more welcoming and accessible environment at City facilities • Customer Service Standard discussions will include recommendations about the atmosphere created at City facilities - Ongoing HR ICAO /PBD both the physical aspect as well as atmosphere & how customers are greeted and treated. • New signage at City Halls to help direct visitors. Complete • More materials have been made available on the website. Complete FADS - Review - Built Enviro Legislation Complete BD /C /HR Staff and Community Engagement: Developing an effective model for civic engagement that leads to more • A Community Engagement Process manual is being developed that outlines processes, options and provides a Spring 2013 CAO /C open, transparent, and inclusive municipal government engagement toolkit for users including worksheets and templates All communications and engagement dictated by the Municipal Act will follow appropriate notice requirements and Council's policies and practices. • Continued improvement in openness and transparency regarding Council meeting matters • Preparing reports on governance and an integrity commissioner. • A newsletter in e -news and paper formats will be developed 1st Quarter CAO • Cartegraph RequestorfWork Order Implementation Complete MW • Construction Records /Drawing System Review Contingent upon Budget '.. IS will contribute to this by including an 'Open Data Section' on the new City Web Site which initially will include electronic Complete IS versions of all publicly viewable mapping data and expand over time to include other types of data. 11 Strategic Monty Action Plan Status Customer Service Excellence, cont''d Creating a plan for both internal and external communications A Communications Plan for internal and external communications complimenting the engagement process is being developed Developing new employee recognition programs • New recognition programs that centre on the corporate values have been implemented. • New format for employee recognition was created. Relaunching a more engaging City of Niagara Falls Website New City Web Site in place . complemented by other social media communication tools Developing Niagara Falls and HR wellness website to promote HR activity /events ,[Current news articles and events will be highlighted and used to engage the community. Spring 2013 Complete Responsibility. CAO Complete HR /CAO Complete Complete IS Ongoing Complete HR Ongoing CAO Organizational Effectiveness and Efficiency Continue and enhance the Service Delivery Review process • Cemetery Services Delivery Review Fleet Services Delivery Review Undertake internal reviews of the organization and its governance • Develop a process for on -line permits for single family dwellings. • Develop a fee for service or activity schedule into the Property Standards Bylaw for Appeals of Property Standards Orders, Inspection service fee where owner fails to comply with an order, Property Standards Officers who attend 'hearings before the Property Standards Committee etc. • Review of Council appointments • Assisted Downtown BIA to improve internal relations • Reviewing Lundy's Lane BIA 4th Quarter 2012 MW 1st Quarter 2013 TBA _. - _....... PBD 2013 Complete Complete Streamline applications approvals processes ,Construction Records /Drawing System Review (Completion is subject to budget approval for student) Contingent upon Budget MW Timeline for Zoning & OP applications identifying target dates to ensure responsiveness to applications. '. Complete PBD Create cross - departmental teams to tackle corporate issues Regularly done already depending on the issue. Ongoing Ensure that culture, recreation, and environmental advocacy are represented Ongoing RC Operator Training Contingent upon Budget MW Encourage innovation and high performance by implementing a Ongoing MW continuous improvement strategy • Bi- monthly managers meetings • Bi- annual Goals & Objectives 12 SpatrgiaP malt' Action Plan Status Complete Responsibility. Healthy and Safe Community Advocate for and facilitate improved health care delivery in Niagara Falls by: Plan for a new general acute care hospital for South niagara in Niagara Fats in the vicinity of the QEW and Lyon's Creek Road. • Ongoing dialogue with Kevin Smith and Ministry in light of the recommendations to bring new acute hospital site to fruition • Ensure selected area is shovel -ready • Broad scan of environmental conditions in subject area. Liaising with and lobbying other levels of government to retain current core Write resolutions to the Province as required hospital services in our community • Prepared official response to Dr. Smith's interim report Advocating for improved health care delivery within the City Attracting new primary care physicians to serve our residents Reviewing existing policies to encourage intensification of medical services in the hospital vicinity Promote awareness and opportunities for active living by: Continuing to implement the recommendations from the 2007 Strategic Plan for the Provision of Parks. Recreation, Arts, and Culture Promote awareness and opportunities for active living by: • Four new primary care physicians have started practices in Niagara Falls in 2012, and one in 2013. • The Physician Recruitment & Retention Task Force is being overhauled and streamlined, and recruitment strategies revisited based on succession planning and need. Review of existing policies , pending confirmation of new location for a south Niagara hospital. • To implement the Strategic Plan action plans including Arts and Culture recommendations policy development and outdoor playing field recommendations. • Cross - departmental staff team are in the process of updating the 2007 plan with input from stakeholders. 'Parks Maintenance Standards Manual Trails & Pathways Maintenance Policy Cemeteries Service Delivery Review Playground Equipment Condition Assessment Ongoing Ongoing Ongoing 2012 2012 -14 4th Quarter 2012 4th Quarter 2012 4th Quarter 2012 Complete Complete Complete C Mayor CAO PBD RC MW Providing accessible recreation facilities and green space for Niagara Continue to audit facilities to ensure meet accessible standards Ongoing RC Falls residents 13 Stratenly Priority Action Plea Statue eamplete Responsibility Healthy and Safe Community Enhance community safety by: Safely protecting life, property. and the environment through education, • Continued liaison with Public Information Officers and Emergency Plan Control Group on media protocols prevention, and emergency response • Proposed regular meetings of the POI's separate from the the Emergency Control group to compare experiences and best practices. Completing and implementing the Master Fire Plan The Fire Station Location Study, which is integral to the Master Plan, has been completed and was presented to Council in September 2012. Participating in emergency preparedness initiatives for large -scale emergencies The Master Fire Planning process will result in evaluation and recommendation of fire related priorities as determined - .through the Steering Committee. It will include the results from the Fire Station Location Study in determining the future growth and organization of the fire department and its facilities. The Master Fire Plan will consider the financial viability of the City of Niagara Falls and project appropriate resources for existing and developing areas of the city The existence of various risks in the community will allow a comparative analysis of resources available to address the life safety, property and environmental risks. It will consider any corporate risk accepted by the city through the current allocation of municipal resources. Current performance capabilities will be reported and gapping identified The Emergency Management and Civil Protection Act compels municipalities to provide emergency management programs and Emergency Management Ontario ensures compliance. The Community Emergency Management Coordinator and alternates are assigned the responsibility for annual provincial compliance. There are minimum requirements and annual reporting on currency of the Emergency Plan, training and exercising. We will continue to contribute to region wide initiatives that create opportunities for enhancing skills and abilities of those who are responsible for large scale emergency management. We will also look for other opportunities to partner in collaborative resolution of any emergencies in our city. Ongoing Ongoing Annual Complete FD FD A Well Planned Community Adopt Official Plan policies for residential intensification near OPA 94 - Growth Plan Compliance was presented to Council (PD- 2011 -39) and deferred by Council on June 27, 2011 Complete PBD pending the outcome of the Optimist subdivision. Complete PBD commercial nodes and corridors to ensure economic vitality Review policies and service delivery with respect to the changing Policies introduced as part of Growth Plan Compliance (OPA 94) and secondary planning to encourage a greater mix of demographics of Niagara Falls housing types and age -in -place residential opportunities Ensure that new greenfield and infill development occurs in an orderly and efficient manner to take advantage of existing infrastructure capacities ,Garner South Secondary Plan (McLeod to Brown Rd) phasing startegy provides for servicing from southeast to northwest. OPA 94 phasing plan as Schedule B to the Official Plan adopted September 2012. 2011 Capital Works Program Use design guidelines to improve the urban aesthetics of !Incorporated into OPA 94 commercial and multi - family developments Complete PBD Complete MW Complete PBD /MW 14 Strategic Priority Action Plan Status Complete' Responsibility A Well Planned Community, cont'd Seek to open lines of communication between the Conservation Authority and development community to achieve environmentally responsible approaches to development Improve By -law Enforcement through updates of standards, protocols, and practices Ensure municipal committees have regard for natural and built provisions in recommendations and decisions Prepare comprehensive Zoning By -law for entire City • Liaise with and continue to build the relationship between NPCA and Planning to ensure that the culture, recreation, and . environmental advocacy goals are included in all development • Established new protocol of meeting monthly with developers in July 2012. • New environmental policies adopted by Council as OPA 96 and approved by Region but appealed by Walker Brothers Quarry, Grand Niagara Resorts etc. Work in conjunction on revision to or new by -laws on an as needed basis. More response to complainants Lot Grading Policy and By -law Review Plan to include appropriate comments in reports to Council and Committee of Adjustment • Ensure adherence to FADS by staff • Human Resources facilitated response to Provincial Audit • Facilitated improvements to Millenium Trail to benefit residents of nearrby Millenium Manor • Improved accessibility to bus shelters for the visually impaired All site specific by -laws passed between 2004 and 2010 were incorporated into the draft comprensive by -law. A '..definitions have been revised and reconciled Ongoing 2nd Quarter 2012 Ongoing Ongoing 2nd Quarter 2012 Respond to demands for urban area expansion beyond limits set by '.Population projections for Northwest Expansion currently being peer reviewed. Depnding on the consultant's conclusions 1st Quarter 2012 the Region. determine justification (or not) for a municipal request for boundary expansion. Complete RC /PBD MW /PBD Progress Reporting The Strategic Priorities will be reviewed on an annual basis by Council to ensure relevancy and to build in the capacity to respond to emerging issues. Inclusion in Council Report format The Council report format includes a section where the Strategic Priority to which the subject of the report relates is identified. The 2011 -2014 Strategic Priorities will be shared with cd¢ens and staff. and, will become a primary communications tool for the City Biannual progress updates Progress documents will allow us to celebrate our successes and to consider the tasks ahead Oct 1 2012 First update July 201 Complete PBD PBD PBD CAO CAO Complete CAO CAO 15 Community Services Department Recreation & Culture Inter - Department Memorandum Niagaraaalls TO: Cathy Crabbe Mayor's Office FROM: Lori Albanese Community Development Coordinator Ext. 3332 DATE: November 13, 2012 RE: Awards at Council - Tuesday, November 13, 2012 Niagara Falls Falcons Major Mosquito Baseball Team - OBA Champions One Ontario Championship is impressive, two are outstanding. How about three? The Niagara Falls Falcons Major Mosquito baseball team participated in the Ontario Baseball Association Championship on Labour Day weekend. The Falcons swept their first four OBA games, starting with an 8 -4 win over Waterloo on the first night of action. The Falcons went 3 -0 the next day beating Royal York 13 -0, Pickering 20 -2 and London 11 -6. The Falcons beat Oakville 12 -2 in the Semi finals setting up a rematch against London in the Championship game. With strong pitching, solid defense and timely hitting, the Falcons captured their third straight Ontario Baseball Association Championship beating London 4 -1. The Falcons had a remarkable season compiling an overall record of 50 -12 -1 in league and tournament games including the OBA's. Team Members: Willy Jackman Mason McRae Noah Fortuna Lucas Lafortune Coaches: Mike McRae - Head Coach Ryan Diodati - Assistant Coach Mark Fortuna - Manager cc.Dean lorfida, Kathy Moldenhauer Dennis Lescombe Owen Diodati Andy Berti Andrew Waters Leif Burciul Kyle Fortuna James Egan Working Together to Serve Our Community Municipal Works Fire Services • Parks, Recreation & Culture • Business Development • Building & By -Law Services Murals prepared by the foOEowing: Karen Black, Teacher A. N. Myer Secondary School Amanda Fragnito, Student A. N. Myer Secondary School Sue Ann Cole, Student A. N. Myer Secondary School Alex Shalley, Student A. N. Myer Secondary School Amy Ballett, Teacher Stamford Collegiate Katie Jolley, Student Stamford Collegiate Melanie Crichton, Student Stamford Collegiate Monica Hepburn, Teacher Westlane Secondary School Jessica Lammert, Student Westlane Secondary School Sarah Yablo, Teacher St. Michael Catholic High School Nicole Panday, Student St. Michael Catholic High School Jessica Esteva, Student St. Michael Catholic High School Mark Griffis, Teacher St. Paul Catholic High School Raiza Mativo, Student St. Paul Catholic High School Molly Hockton, Student St. Paul Catholic High School (11/8/2012) Dean Iorfida - November 13 Council Request From: Cathy Crabbe To: Dean Iorfida Date: 10/12/2012 3:12 PM Subject: November 13 Council Request Dean: The City (Kristine), in conjunction with the Central Vets have been working on a project for almost a year now to replace the Remembrance Day backdrop used at the arena. We engaged each of the five local high schools to design and paint a new backdrop. Each school was given a period to depict (WWI, WWII, Korea, Afghanistan and Peacekeeping). We would like to ask Rick Stokes to take a digital picture of each backdrop, then bring the 10 students to Council on November 13 to be formally thanked and congratulated for their efforts while the pictures are shown on the Chamber screen. Possible ? ?? Thanks Cathy Page 1 New murals unveiled at Remembrance Day service Local News ( Niagara Falls Review Page 2 of 7 Miller's Minimum N250 paid for your complete retired vehicle NEWS LOCAL New murals unveiled Sunday at Remembrance Day service By Tony Ricciuto, Niagara Falls Review Wednesday, November 7, 2012 5:43:17 EST PM Barbara Burrows, member of the Niagara Falls Central Veteran's Committee, looks over one of the new murals that will be unveiled Sunday at the Remembrance Day service. MIKE DIBATTISTA /NIAGARA FALLS REVIEW /QMI AGENCY NIAGARA FALLS - The Remembrance Day service will take on a new look this Sunday at the Gale Centre in Niagara Falls. Art students from the city's five high schools have created new wall murals that pay special tribute to our fighting men and woman. The five murals will be unveiled prior to Sunday's 10:30 a.m. service. The murals show images from the First World War, the Second World War, the Korean War, Canadian Peacekeeping Missions and Afghanistan. 'The old backdrop was looking a little tired so we decided to get the five high schools involved," said Barbara Burrows, president of the British and Canadian Veteran's Association, and secretary treasurer of the Niagara Falls Central Veteran's Committee, which organizes the Remembrance Day service for the city. The old backdrop will be going to Chippawa and continue to be used for their annual service that takes place at the Chippawa Willoughby Memorial Arena on Sodom Rd. "We went with Stamford Collegiate looking after the First World War because they are the city's oldest high school and A. N. Myer looked after the Second World War and then the others decided which one they wanted to have," said Burrows. "This has really been a cooperative effort with the art teachers and going over their plans with us." Those students who worked on the project will be recognized during Sunday's service and again at an upcoming city council meeting by Mayor Jim Diodati. Saint Paul Catholic High School student Raiza Mativo, now in Grade 12, began working on her mural last year with fellow student Molly Hockton. "It was a long process. At first I thought it was just for our art gallery at the school," said Mativo, whose mural dealt with Afghanistan. "It was a great project to be working on with my friend, who is a year older and has now gone on to another school." http: / /www.niagarafallsreview.ca /2012/1 1 /07/ new - murals - unveiled - sunday -at- remembranc... 11 /8/2012 New murals unveiled at Remembrance Day service 1 Local 1 News 1 Niagara Falls Review Page 3 of 7 Mativo recently got a chance to meet a former student, a soldier who served in Afghanistan, during his visit back to Saint Paul. "He actually gave me his input on the mural and about the flags that are two different colours and on different shoulders. That was a great opportunity and I would not have been able to sit down and talk to him if I hadn't worked on the mural," said Mativo. Karen Black, an art teacher at A. N. Myer Secondary School, said they had meetings to discuss what images were being considered and it was extremely important to make sure they were historically accurate. Her students had the task of coming up with ideas that related to the Second World War. "This was the first time that women were involved in the military," said Black. Student Amanda Fragnito was the designer and two other students, Sue Ann Cole and Alex Shafley did the painting. "The students had a real sense of pride in what they accomplished," said Black. Fact Box: Remembrance Day service gets underway at 10:30 a.m. Sunday, at the Gale Centre. Students who painted the murals: Katie Jolley and Melanie Crighton, from Stamford Collegiate. Art teacher is Amy Ballett. Amanda Fragnito, Sue Ann Cole and Alex Shafley from A. N. Myer Secondary School. Art teacher is Karen Black. Nicole Panday and Jessica Esteva from Saint Michael's Catholic high school. Art teacher is Sara Yablo. Jessica Lammert from Westlane Secondary School. Art teacher is Monica Hepburn. Raiza Mativo and Molly Hockton from Saint Paul Catholic high school. Art teacher is Mark Griffis. -.,Reader's comments » If you already have an account on this newspaper, you can login to the newspaper to add your comments. By adding a comment on the site, you accept our terms and conditions and our netiquette rules. You are using an older browser. In order to comment, please upgrade to either Flash 10 or Internet Explorer 8. Add New Comment Type your comment here. 41 Real -time updating is paused. (Resume) Showing 1 comment truthorold Login ISort by newest first http: / /www.niagarafallsreview. ca /2012/1 1 /07 /new- murals - unveiled - sunday -at- remembranc... 11 /8/2012 (11/8/2012) Dean Iorfida - More Queen's Diamond Jubilee Awards From: Cathy Crabbe To: Dean Iorfida Date: 10/29/2012 9:40 AM Subject: More Queen's Diamond Jubilee Awards Dean: Would it be possible for Mike Blais to present his two veteran Queen's Diamond Jubilee Awards at the November 13 Council meeting? Cathy Page 1 S21311WJ ONINNV1d PD- 2012 -68 NiagaraFFalls November 13, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2012 -68 City- initiated Official Plan Amendment No. 107 Proposed Urban Area Boundary Expansion RECOMMENDATION That Council approve the expansion of the urban area boundary to include two areas on the west side of Kalar Road, south of Mountain Road, for the purpose of accommodating 250 housing units. EXECUTIVE SUMMARY This is a City- initiated amendment to expand the urban boundary to include two "pods" of land, about 12 hectares in total, located on the west side of Kalar Road, south of Mountain Road. The proposed amendment represents part of Council's long term strategy for the future development of the northwest part of the City. The two pods of land are to accommodate approximately 250 housing units. This is Tess than a one -year supply of housing at today's rate of consumption. The development will be part of the Gateway North Secondary Plan (proposed through OPA No. 106) to include residential, employment, commercial, parkland and open space uses. The 250 units represents part of Council's long term housing strategy. BACKGROUND On October 19, 2010, Council passed the following motion: That staff be directed to initiate an urban boundary expansion on behalf of the City to include the Mont Rose lands. On March 27, 2012, Council recommended that the Niagara Region include the subject lands within the Region's Gateway Amendment, given their location, QEW access and visibility. As part of the Gateway Amendment's approval, Regional staff was directed by Regional Council to bring forward these lands for consideration. The subject lands, shown on Schedule 1 (attached) are two "pods" of land, about 12 hectares in total, located on the west side of Kalar Road, south of Mountain Road. The lands are currently designated Good General Agriculture in the Official Plan and have been actively farmed for field crops in the past, though appear to be fallow this year. November 13, 2012 - 2 - PD- 2012 -68 The purpose of Official Plan Amendment No. 107 is to expand the urban boundary to include these two pods for the purpose of providing additional housing units for the long term planning period to 2031. Planning Analysis On October 23, 2012, Council approved an application by the NCLG lands to expand the Urban Boundary to Kalar Road and Mountain Road. These pods represent an expansion of the urban area as part of Council's long term strategy for the future development of the northwest part of the City. The two pods of land are to accommodate approximately 250 housing units. This is less than a one -year supply of housing at today's rate of consumption. The development will be part of the Gateway North Secondary Plan (as proposed through OPA No. 106). The Gateway North Secondary Plan will include residential, employment, commercial, parkland and open space uses. As such the 250 units represents part of Council's long term housing strategy. Provincial Growth Plan The Growth Plan provides that City- initiated expansions of urban boundaries are to occur in accordance with a Municipal Comprehensive Review (MCR) that has demonstrated that: • there are no opportunities to accommodate this growth within the local and regional market through intensification or within existing designated greenfields; • the expansion will not provide for an urban land supply of greater than 20 years; • the expansion will not jeopardize the achievement of intensification targets; • existing or planned infrastructure needed to service the proposed expansion can be provided in a financially and environmentally sustainable manner; and • there are no reasonable alternatives that avoid prime agricultural lands. The City's MCR was completed in October, 2007. The Region's Growth Plan Conformity Amendment (RPPA 2 -2009) provides lower tier municipalities with the opportunity to seek urban boundary expansions from time to time i.e. outside the 5 -year review period. City staff, therefore, undertook to update the 2007 MCR beyond the 2022 time frame to address the 20 -year growth period to the end of 2031. Need As noted above, the 2007 MCR undertaken by urbanMetrics inc determined that the City would have a sufficient land supply to about 2022. In report PD- 2012 -62, Planning staff presented a revised forecast for the City's population and housing growth to 2031. Population and housing growth, while slower in the early part of the planning period than previously forecasted, is anticipated to increase at a rapid rate in the next decade. Under this type of scenario, it is anticipated that housing demand will increase towards the end of this decade, then rapidly increase through the next decade. This is illustrated in the graph below. November 13, 2012 Number of units 3000 2500 2000 1500 1000 500 0 - 3 - Housing under Scenario #1 2011 2016 2021 2026 2031 Years PD- 2012 -68 �- Singles /Semi's • Townhouses -1 Apartments The modelling suggests that a shortfall will occur prior to 2031 for singles /semi's. This, coupled with the fact that 85% of singles /semi's are built in the Greenfield Area of the City, indicates there will be a need for land and that the City will fall below a 10 -year supply in the early part of the next decade. In addition to urban residential land supply, urbanMetrics identified the QEW /Mountain Road interchange for future employment lands. The Province recognizes the area from Niagara Falls to Fort Erie as the Gateway Economic Zone. The Region's Gateway Amendment recognizes the QEW corridor as a major gateway economic area. The proposed urban expansion, as part of the Gateway North Secondary Plan, will allow for this gateway development to occur. Moreover, employment lands are necessary for the development of Greenfield lands as complete communities and to achieve the densities required of the City by the Regional Policy Plan. Gateway North Secondary Plan In order to ensure the residential land use is developed and integrated into the overall development of the northwest area, the subject lands are proposed to be part of the Gateway North Secondary Plan Area. This will be accomplished through Official Plan policies that will require: • Preparation of a vision as a complete community. Greenfields are to be developed as complete communities with a mix of uses and housing types so that people can live and work in the same area. A target density of 53 people and jobs per hectare is also to be achieved. Lands form part of the Economic Gateway. Employment lands are to be a critical component of future development. The NCLG Lands as well as the subject lands have excellent QEW exposure and access which should capitalized upon as existing QEW frontage for employment uses is limited, both within the City and the Region. November 13, 2012 - 4 - PD- 2012 -68 A comprehensive land use strategy. Part of the secondary planning will be a comprehensive and use strategy that will include employment lands, residential uses of various types and densities, neighbourhood commercial uses and parkland /open space areas. The land use strategy will also have to address the protection of natural heritage areas. A servicing and transportation strategy. A fundamental issue that will have to be addressed as part of the secondary planning exercise is servicing. Currently, a forcemain services Club Italia and is sized to accommodate flows emanating from the Club only. A servicing study will have to be undertaken to determine the appropriate upgrades to this system as well as downstream upgrades to the Kalar Road Pumping Station. FINANCIAL IMPLICATIONS Preparation of the secondary plan will require the following studies, at a minimum: Servicing Study Transportation Impact Study Scoped Watershed and Master Drainage Plan Noise Study Further, in order to bring the lands to the point of being development- ready, the servicing works noted above would have to be constructed, and possibly road network improvements. These studies and works, being development - related, would be paid through Development Charges. As such, these matters will have to be considered next year when the Development Charges By -law is next updated. CITY'S STRATEGIC COMMITMENT This amendment fulfills Council's long term strategy for the future development of the northwest area of the City. LIST OF ATTACHMENTS • Schedule 1 - Location Map ► Appendix 1 - OPA No. 107 Recommended By: Respectfully Submitted: A.Herlovitch:gd Attach. Alex Herlovitch, Director of Planning, Building & Development Keen Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -68 OPA #107, Proposed UAB Expansion.wpd NnvamhPr 13. 2012 - 5 - SCHEDULE 1 LOCATION MAP PD- 2012 -RR Areas to be included with APPENDIX 1 PART 2 - BODY OF THE AMENDMENT DRAFT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached maps, constitute Amendment No. 107 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE i) The area as shown on the map attached entitled Map 1 to Official Plan Amendment No. 107 shall be included within the Urban Area Boundary on Schedule A of the Official Plan and shall be designated Residential and further shall be labelled as Special Policy Area _. ii) The area shall be included on Schedule "A -2" to Official Plan Amendment No. 94, labeled as Gateway North Secondary Plan Area, as shown on the map attached as Map 2 to Official Plan Amendment No. 107. ii) A new "Schedule A-4 - Gateway North Secondary Plan Area" attached as Map 3 to Official Plan Amendment No. 107 is added. iii) The area shall be included on Schedule "B" to the Official Plan, labeled as 4, Gateway North Secondary Plan Area, as shown on the map attached as Map 4 to Official Plan Amendment No. 107. iv) The area shall be included on Schedule "B" to Official Plan Amendment No. 94, labeled as Phase 2, as shown on the map attached as Map 5 to Official Plan Amendment No. 107. 2. TEXT CHANGE PART 2, SECTION 14 - SPECIAL POLICY AREAS is hereby amended by adding the following: 14. SPECIAL POLICY AREA "" Special Policy Area " " applies to approximately 12 hectares of land located on the west side of Kalar Road, south of Mountain Road. The subject lands are intended to accommodate two residential clusters through an expansion to the urban boundary. The development of these lands will be subject to the following policies: 14._.1 Planning shall be integrated with the Gateway North Secondary Plan in terms of land use, servicing and transportation and in this regard the policies of PART 5, Section 2 shall apply to the subject lands. S. VONING W MS12008WM- 3212012yb's rewsed OPA doc I MAP 3 TO AMMENDMENT NO. 107 SCHEDULE - A -4 - TO THE OFFICIAL PLAN Gateway North Secondary Plan Area ._MOUNTAIN -.R l 1 • 11110111 MIN am maw 1 1 1 f1 4414., mika tai•le ........... 1 1 1 1 ggDRALT_DR _„____�: } `�WESTMINSTER`pp, 1 ;MOUTT. _ CARMEN . 1:9,500 NOTE: This schedule forms part of Ammencment No. 107 to the Official Wan for the City of Niagara Falls and it must be read in conjunction with the written text. K \GIS laequesh \2CO3,SrMedu4eslZUringAM\ M.301mapping .map Gateway Secondary Plan tL N r E Octotrr 2C12 / 4 .10 AL_ of' LEGEND: PHASING OF DEVELOPMENT F trq Mt, ktlitSert,Ce An, 4 ,ro 5 AreA :"13‘. Secondsv SD oGeLlt y WC-4 5e-oK, 3".* S.2r'ce Are Ltrg T,11 MLndpai 1 , • ..." i I ; . ; I I ; i ,. , .. .4.0 ..... ( _ .. . . 1 te \ . .::,- ,,:= i - ;:''' .• i 1 4 i I ' . ?4 li...+ „ -', RE:I SION. S •2 I , L. 1 1 t_ / , I I, 1 ! y•79...11. ' . \ 1 ■ .' v 1 'ill lino , I. a,.. ,..._ I , ! ,,.'t ..., ....,..„, 11".„,,t tti t .litit .t, tttt t SwF. ,tit.i = , C:Of Is.sr n-to NOTE: TIlIS vAP REPRESHNIS A PHASING SCHEDLILE FOR FLITLIRE DEVEI OPMEN I AND 15 OPE:IL RELATED TO THE EXPANSION OF MUNICIPAL SEWER AND WATER SERVICES ts.AWINtt Drnet LAf Brief By Preservation of Agricultural Lands Society Re Official Plan Amendment 107, AN- 2008 -032 City of Niagara Falls Official Plan Lands West of Kalar Road South of Mountain Road. November 13, 2012 1, Introduction The Preservation of Agricultural Lands Society (PALS) is opposed to Niagara Falls Official Plan Amendment 107. This amendment would if approved facilitate the conversion of appropriately 150 acres of land that are currently designated as "Good General Agricultural" in the official plans of the Niagara Region and the City of Niagara Falls, to facilitate the construction of a "golf villa ", residential housing development. PALS cannot envisage any area in the Niagara Region which is not currently protected by the Greenbelt, where it is more inappropriate to have an urban boundary expansion. These lands while formally designated as "Good General Agricultural ", should be designated as Unique "Good Grape" lands. They are currently in high quality grape production. There has not been any severance activity on these lands. Virtually the entire area which is not currently in grape production, is a significant upland forest. 2. Proposed City Official Plan Amendment Extends Problems Associated With Regional Amendment 196 The proposed Niagara Falls Official Plan Amendment 107 extends problems associated with proposed Regional Official Plan Amendment 196. Together these amendments represent an urban boundary expansion of approximately, 300 acres. Any consideration now of Niagara Falls Official Plan Amendment 107 moreover, is premature since this site cannot be serviced unless Regional Amendment 196 is approved. Like the lands impacted by Regional Official Plan Amendment 196 those affected by Niagara Falls Amendment 107 are in the headwaters of Ten Mile Creek. The Ten Mile here and its tributaries are currently designated by the Ministry of Natural Resources as "Important Class Two Fish habitat." This essentially means that these areas have the potential to be improved for fish habitat under normal rehabilitation measures, such as the creation of vegetative buffer strips and the removal of fish barriers. Such potential and the designation of Class Two, Important would be removed if these areas become included in the Niagara Falls Urban Boundary. What would be then created would be "Marginal ", Class Three habitats because of storm water pollution problems that would be an inevitable by product of urbanization. 3. Niagara Regional Planning Department States That Amendment 107 Is a Violation of the Growth Plan PALS has met and discussed the proposed Amendment 107 with the Niagara Regional Planning Department. They have told us clearly that in their opinion the proposed amendment is in violation of the Growth Plan. This appears to be why no public meeting has been scheduled to consider a Niagara Regional Official Plan Amendment for the lands impacted by proposed Niagara Falls Amendment 107. 3. Proposed Amendment Would Create Urban Wall Between Niagara Escarpment and Welland River There are only two large natural corridors for wildlife movement in the northern half of the Niagara Region. These are the Niagara Escarpment and the Welland River. The agricultural lands and forests that comprise the lands impacted by Amendment 107 are part of this important natural corridor. While it has been suggested that any environmental problems associated with this development could be overcome by donating the forest to a third party, maps made in connection with Amendment 107 and its associated Golf Villas have shown infringement in this forest. Most significantly the forest would be degraded by being surrounded by urban development rather than agricultural land. Such urban development would lead to the loss of many wildlife species such as deer and turkeys which now make use of the agricultural lands. The importance of the 300 acres which are proposed for urban development in north west Niagara Falls has been identified in the Phase One Draft Watershed Plan for the Beaverdams and Shriners Creek by the Niagara Region Conservation Authority, (NPCA). This area is identified as a Meta Corridor for wildlife movement and as being habitat to a number of rare species, including the Barn Owl, Grey Fox and the Tufted Titmouse. Conclusion For the above reasons PALS believes that Amendment 107 should not be approved. Urban development needs to be an concentrated in an efficient manner that does not imperil our agricultural and natural heritage. October 23, 2012 Via E -mail to jdiodati(u7niagarafalls.ca Please reply to St. Catharines office Mayor Jim Diodati and Members of Council City of Niagara Falls City Hall 4310 Queen Street Niagara Falls, ON L2E 6X5 Dear Mayor Diodati and Members of Council: Re: Urban Boundary Expansion: Official Plan Amendment No. 107 (AM -2008 -032): Applicant: City of Niagara Falls Our File No. 80412 We act as solicitors for Warren Woods Land Corporation with respect to the above- referenced proposed Official Plan Amendment No. 107. We understand that this application is to be considered at a public meeting on Tuesday, November 13, 2012. The purpose of this letter is to express a strong opposition of Warren Woods Land Corporation to the proposed Official Plan Amendment No. 107. We have previously written to Council on behalf of Warren Woods Land Corporation with respect to City of Niagara Falls Official Plan Amendment No. 106. A copy of our letter is enclosed herewith. We note that the proposed Official Plan Amendment No. 107 will accommodate approximately 250 dwelling units. The concerns previously expressed on behalf of Warren Wood with respect to Official Plan Amendment No.106 also apply to proposed Official Plan Amendment No. 107. As noted in our earlier letter, this Council has passed Official Plan Amendment 94 to accommodate growth to the year 2031 in accordance with the Province of Ontario Growth Plan. The proponents of Official Plan Amendment 107 have not applied for a Regional Policy Plan Amendment seeking an urban boundary expansion. Instead, the proponents have appealed City of Niagara Falls Official Plan Amendment 94. We understand that the Region is currently challenging the appeal of Official Plan Amendment 94 b the proponents on the basis that there is no such right under the Planning Act. As noted earlier, no justification of need for the proposed urban boundary expansion has been provided to contradict the UrbanMetries study obtained by the City of Niagara Falls. 40 Queen Street, P. 0, Box 1360, St. Catharines, Ontario L2R 6Z2 Telephone: 905 -688 -6655, Facsimile: 905.688.5814 4781 Portage Road, Niagara Falls, Ontario L2E 6131 Telephone: 905 -357 -0500, Facsimile: 905 - 357 -0501 ssww.sulli n- malionev.com V.F. Muratori, Q.C. P.B. Bedard J.M. Gottli R.B. Culliton S.J. Premi C. D'Angelo J.P. Maloney M.D. Atherton L.Sgatnbclluri D.A. Maloney T.A. Richardson J.R. Rush R. Vacca J.McNully P.M. Sheehan W.B. McKaig P.A. Mahoney B.A. Macdonald T. Wall B.J. Troup J.M. Armitage M.W. Vanoostveen Counsel (Conuncrcial Law): NIB. Kriluck J. Dallal M J. Bonomi D.M. W i ller G. Fatty D.A. Goslin G.W. McCann L.K.Parsons D. Continenza Page 2 On behalf of Warren Woods, we strongly oppose any move to include within the urban area of the City of Niagara Falls those lands contemplated in Official Plan Amendment No. 107. We request that Council deny that application and not pass Official Plan Amendment No. 107. Yours very truly, SULLIVAN, MAHONEY LLP Per: :Slll Enclosure cc Mr. Dean Iorfda, City Clerk cc —Mr. Alex Herlo 'itch, Director of Planning ccMr. Ken Beaman, City Solicitor cc Mr. Robert C. O'Dell, Warren Wood Land Corporation Thomas A. Richardson C.S. X m 0 X co City of Niagara Falls Fresh Start: Performance Improvement Re. Building Services & Development Approvals Process Council Briefing November 13th 2012 Performance Concepts Review Timelines 3rd Party Identify & Operational Design Review & Audit Improvement Actions (Fresh Start) Adopt & Implement Improvements (New Business Rules) Q4 2011 Q1 -2 2012 Q3 -4 2012 11/8/2012 1 Scope of Review Fresh Start Initiative • Financial Standards /Rules /Calculations to Mitigate Risk l • OBCA Business Process & Organization Structure Improvements • Linkages to Planning & Engineering "front -end" of City's Development Approvals Process • Balanced Scorecard to Measure Service Delivery Performance & Set Targets Key Actors Internal & External 1. CAO & Senior Staff Team 2. Building Services Staff 3. Other Development Approvals Staff (including Legal) 4. Council (current deciders) 5. The Industry (future partners) * Performance Concepts Consulting (Project Management & 3rd party evidence based analyses) 11/8/2012 2 New Building Services Mission Statement Niagara Falls Building Services delivers technically correct and impartial regulatory decisions that always comply with the Ontario Building Code Act, meet legislated and Council approved turnaround times, and safeguard the overarching public interest in a safe, high quality building stock. We do so by being accountable for results to City Council, permit applicants, and the public at large. Highlights of Review Three Perspectives Reduced Financial Risk Building Services Process & Org Design Improvements Rationalized Development Approvals Process Across City Business Units 11/8/2012 3 Specific Deliverables Continuous Improvement Focus 1. New Business Rules to document policies, practices & procedures • Doing the Right Things • Doing Things Right • Consistency across applications Specific Deliverables Continuous Improvement Focus 2. Towards a Results Based Culture • City -wide perspective • Role clarity across /within business units • Flexible, efficient job descriptions • Consensus around desired results /practices 11/8/2012 4 Deliverables Continuous Improvement Focus 3. Accountability Tool Kit • Balanced Scorecard • Targets derived from performance indicators that are integrated with budget • Periodic audits Business Rule Highlights Process Linkages Across Development Approvals Process 11/8/2012 5 SP Application Pre - consultation OBCA Permit Application Process During Site Plan Internal & External Circulations $ data forwarded for Agreement SP Agreement production (no longer than 12 business days) I I 2 ^d Director circulation Signs SP Drawings OBCA application accepted Registration SP Apoitca'iC OBCA Permit Issuance Process Following Site Plan Irrerral X Exterrci C rc _sic riors $ 'or Acree-ne- S' Agreenent grcc crior 'nc Icrger 1-a aus:ress Cav;l ' Drec'cr o rculct or Signs SP Drawing; Regrtrarion I I OBCA application accepted OBCA permit can be issued 11/8/2012 6 OBCA Permit Application for Legally Created Lots Following Sub -D Process Sub- division Application 1. Internal & External Circulations Development Agreement Engineering Production & Drawings Delegated Review Approval Draft Plan Approval OBCA permit application accepted -> Lot Early Service Registration Agreement (delegated) Draft PIan Approval Grading Review Process (Sub - Division) Coordinated by Building & Engineering Revised Development Agreement re. sign -offs for I) OBCA Plot Plan , li) OLS "top of wall" elevations review & in) An Built" grade plan L I Grading Not OLS survey shot Plan sign -off by Developer's re. "top of wall" P. Eng. elevations Lot (refers to received by Registration MGP & 'As Built ") Building from Stop On Title Permit holder Work Order Receive P. Eng. - Endorsed Master Grading Control Plan (MGP induces apron elevations) I I 1 I II 1 OBCA OBCA OBCA Permit Permit Mandatory sign-off Backfill Application Issuance on "top of wall" Insp. elevation variance (i.e. lower versus plot plan) by Developer's P. Eng. Before proceeding OBCA Occupancy Permit If no problematic elevation variance (i.e. same or higher than Plot Plan) ...next day" OBCA back -fill Inspection can be scheduled 0805 Final Inspection & Grade Deposit Return I I Developer's P Eng. to provide "As Built" plan for 80% of sub -dlv lots with bldg. permits Ongoing As Built" grading data base maintained by City Engineering 11/8/2012 7 Grading on Existing City "Lots of Record" 1. Construction must result in no "net impact" on surrounding properties • Plot Plan signed /stamped by applicant P. Eng. • OLS Survey shot of "top of wall" elevations provided to Building Services • As Built final drawings from applicant P. Eng. • Solves the "grading wars" between property owners (i.e. definitive legal record) and enables enforcement of existing grading /drainage City By -law Business Processes & Land Manager • Capture new improved processes in Land Manager from "cradle to grave" • Renew staff commitment to timely electronic documentation • Evidence based decisions using captured data & setting targets 11/8/2012 8 Business Rule Highlights New Building Permit Application Intake Model Residential Counter Process (Intake) If significantly incomplete, application must be updated prior to acceptance & OBCA clock turn -on Applicant Counter • Laptop based Input of all required Complete data into application Land Manager while checklist utilized applicant & fees calculated present 11/8/2012 9 Non - Residential Counter Process (Intake) If significantly incomplete, application must be updated prior to acceptance & OBCA clock turn - on Laptop based Input of all required Complete data into application Land Manager while checklist utilized applicant & fees calculated present Business Rule Highlights Financial Calculations & Risk Mitigation 11/8/2012 10 Financial Risk Management: Cash Reducing Cash Handling Risks Cash payments will only be accepted for relatively minor accounts receivable transactions that do not exceed $200 plus HST Accounts receivable transactions exceeding $200 plus HST can only be paid by cheque, debit or other non - cash payment methods accepted by the City Financial Risk Management: Cash Reducing Cash Handling Risks Any cash payment transactions will require the following mandatory business process steps: 1. City staff will input all required applicant information into Land Manager at the counter in the presence of the applicant. 2. City staff will issue a Land Manager electronic receipt for payment to the applicant at the counter. 3. No payment process involving the issuance of manual receipts (outside Land Manager) is permitted for any cash payment transaction 11/8/2012 11 Financial Risk Management: Cash Reducing Cash Handling Risks Building Services will secure all daily cash and cheque payments in a secure location under lock and key. Once received, cash will only be handled /accessed at this secure location by a designated Building Services staff member approved by Management. Cash will be remitted to the Finance department daily without exception by the designated Building Services staff member or Management, and then subsequently reconciled by Finance Department staff against Land Manager electronic receipts data. Financial Risk Management: Permits Permit Fee Calculations for Phased Permits Council- approved Building permit fee rates (i.e. rates in place on the submission date of each phased permit application deemed complete) will be applied against the "standard" proportional share of total GFA in order to calculate the permit fee owing for each phased permit. For due diligence, GFA from the various phased permit fee calculations will be reconciled against total building GFA noted on the final architectural drawings. The reconciliation will be conducted prior to issuance of the permit associated with final architectural drawings. 11/8/2012 12 Financial Risk Management: Permits Permit Fee Documentation & Controls All Building permit calculations and notes for multi - permit buildings will be documented electronically in Land Manager, and in the paper copy file for the final permit. Land Manager linkages will always be put into place to attach phased building permit files together (including GFA in fee calculations) — thereby creating a unified "master file" for the entire permit fee calculation history of the building. Financial Risk Management: Permits Permit Fee Documentation & Controls Completed permit fee electronic calculation templates will be submitted by the Plans Examiner in charge of the file to the Building Services CBO, or a designated Manager, for review and sign -off. Completed permit fee electronic calculation templates and GFA reconciliations will be submitted to Finance Department's Manager of Current Accounting (quarterly) for periodic accuracy review audits. 11/8/2012 13 Financial Risk Management: DCs 11/8/2012 14 Balanced Scorecard Performance Quadrants & Strategy Financial Performance Strategy: Manage Building Services according to an enterprise model that consistently balances costs & non -tax fee revenues. Customer Satisfaction Strategy: Maximize public & applicant confidence in N. Falls' timely, technically correct & impartial decision - making and service delivery performance. Knowledge & Innovation Strategy: Maximize staff training & qualifications to promote task flexibility & efficiency /utilization. Remain knowledge driven and legislatively compliant in managing staff resources. Business Process Execution Strategy: Execute timely, efficient and consistent business processes that achieve OBCA mandated timeframes & comply with Building Code technical requirements. Customer Satisfaction Quadrant: Key Performance Indicator & Target Customer satisfaction survey: Rate various elements of City service delivery performance on a 1 -5 agree /disagree scale Target: Average annual customer satisfaction survey rating of at least 4/5 (overall satisfaction question) 11/8/2012 15 Business Processes Quadrant: Key Performance Indicators & Targets Average # business days to execute permit decision • Average # business days for application intake • Average # business days to produce permit Average # business days to execute OBCA inspections following applicant notification of readiness Targets: 1. Achieve OBCA timeframes for permit decision (Building Services & Fire) • 10, 15, 20, 30 day permits 2. Complete application intake or permit production in 2 business days or less Financial Performance Quadrant: Key Performance Indicators & Targets Annual $ value of OBCA revenues (net of OBCA costs) Maintain sustainable OBCA fee schedule over time Targets: 1. Net revenue (net of costs) is positive over previous 5 -year period 1. 100% OBCA fee categories reviewed for full cost recovery within previous 4 years 11/8/2012 16 Knowledge & Innovation Quadrant : Key Performance Indicators & Targets % OBCA residential plans examination and inspection staff cross - trained & qualified to job flexibility standard % OBCA non - residential plans examination and inspection staff cross - trained & qualified to job flexibility standard Targets: 1. 100% qualification rate for mature staffing model (staff retained for 2 years or more) 1. 80% qualification rate for transitional model (new staff within last 2 years) Next Steps • Engage the Niagara development & construction industry in dialogue re. the Fresh Start initiative ✓ Explain the benefits of consistency and reliability in the new City processing model ✓ Highlight the mutual obligations between the City and the Industry to ensure timely decisions that comply with law and "good government" practices ✓ Secure the support of Industry leaders for the new results based model & improved City processes ✓ Promote a culture of collaboration and problem solving...but within an accepted framework of transparent, accountable regulation 11/8/2012 17 Recap 1. Sequential approvals processes... • No Planning approval = No Building permit • Grading approvals accountabilities rest with developer /builder P. Eng. -- NOT with City • Commit to Land Manager to measure, monitor, improve Recap 1. Cashless processing model is best for OBCA 2. DC payment simplified, risk reduced, developer cash flow needs still respected 3. Controls now firmly in place to standardize $ performance 11/8/2012 18 Recap 1. Intake model a partnership with applicants...priority is timely customer service achieved by eliminating the "garbage in garbage out" efficiency problems of past 2. Professional staff (not admin staff) will manage application intake and drive quality control improvement at the counter Recap 1. Balanced Scorecard critical...you can't manage what you can't measure 2. Indicators illuminate past performance & drive improvement via targets 3. Council must make these targets "stick" by requiring regular progress reporting (at least annual) 11/8/2012 19 Concluding Advice Implement! Implement! Implement! Be relentless and require evidence of improvement /progress from City Management & New CBO 11/8/2012 20 F- 2012 -51 NiagaraJalls November 13, 2012 REPORT TO: Mayor James M. Diodati and Members fo the Municipal Council City of Niagara Falls SUBMITTED BY: Finance Department SUBJECT: F- 2012 -51 Development Charges Waiver for Heartland Forest RECOMMENDATION Staff recommend that Council deny the grant request. EXECUTIVE SUMMARY Heartland Forest has requested that Council refund the City's portion of Development Charges collected in respect to their new 14, 000 square foot Nature Centre. The amount requested is $66,082. The City's DC by -law does not provide for refunds or exemptions for this type of development project. As a result, staff do not recommend that an exemption be granted. Staff recently received a DC Peer Review from Hemson Consulting of the existing City DC Bylaw. This review identified the need for a policy regarding exemptions for non profit community organizations. Although the existing bylaw does not address requests of this nature, this Council and previous ones have exempted other organizations with similar requests, notably the Boys and Girls Club, the Stamford Volunteer Fireman and the recent FACS building. Similarly, Council approved in principal the exemption of DC charges for the proposed Niagara Boys Soccer indoor facility. The Heartland Forest group has made a similar request to the Region for refund of the Regional DC's which will be considered by Regional Council. BACKGROUND The City received a request from the Heartland Forest requesting that Council consider waiving the Development Charges related to the construction of their facility. Heartland Forest is a Not for Profit Agency that provides an opportunity to all residents for a fully accessible enjoyment of nature, free of charge. Attached is the letter received requesting support and outlining the services provided by the agency. ANALYSIS /RATIONALE The City's DC by -law requires that all development projects provide development charges unless the property is exempt. The existing DC by -law provides exemptions and partial exemptions to certain types of development projects. Exemptions are provided for that portion of the building or structure owned by a church or religious organization when used exclusively as a place of worship. However, exemptions are not provided for charities nor community service agencies. As Council knows, development charges are collected as a funding source for municipal growth related capital projects. Once collected the DC amounts are maintained in specific reserves until required for funding of municipal projects. November 13, 2012 - 2 - F- 2012 -51 The impact of exemptions are identified during the process of developing the bylaw. The current Bylaw was approved in 2009 and is scheduled to be renewed in 2013. As stated, exemptions for charities or community service agencies are not identified in the existing bylaw. Consequently in situations wherein Council provides exemptions not otherwise considered in the bylaw, there is an obligation to fund the DC reserve account in the exact amount granted. This obligation is based on the assumption that funding of the grant must be derived from some source. If the exemption had been considered in the development of the bylaw, the rates charged developers would be reflective of potential grants. Since these exemptions were not considered, then the funding of the grant must come from an existing source, either existing reserves or the current operating /utility budgets. This Council and prior Councils have provided development charge exemptions to charitable organizations. In most cases, the request was made prior to construction. In those circumstances, the grant recipients were providing direct services to the municipality. These groups include the Stamford Volunteer Firemen Association which provides City residents public access and maintenance on Firemen's Park and the Boys and Girls Club which developed a new facility and is providing recreation programming not otherwise provided by the City. The most recent example is the elimination of City's development charges for the FACS addition earlier this year. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The total City development charges paid on this project was $66,082. Council's authority to waive is limited to the City's portion. Regional Council would be responsible for waiving amounts related to Regional portion. The City's existing DC By -law does not specifically have a policy for reducing DC's incurred by service groups. Staff believe that providing an exemption is contradictory to the current bylaw. Should Council decide to approve the request and provide a grant, staff recommend the funding come from the Capital /operating reserve. As at December 31, 2011 the reserve is approximately $7.4 million. This reserve is held as security for future City liabilities related to the potential demolition of the CN railway bridge. Council must be wary of allocating this reserve to projects until such time that the issue of the lower bridge is resolved, however, the amount required for this grant does not impair the City's ability to meet that potential obligation. Alternatively, the funding could come from a direct increase in the 2013 General Purpose Budget. CITY'S STRATEGIC COMMITMENT While the agency provides worthwhile community support, these services are not a core municipal responsibility and this does not align with Strategic Commitments of Council. LIST OF ATTACHMENTS September 17, 2012 Letter Requesting Support November 13, 2012 Recommended by: Respectfully submitted: - 3 - Todd H2rri on, Director of Finance F- 2012 -51 Ken Tod d, Chief Administrative Officer September 17, 2012 Mayor Jim Diodati City of Niagara Falls 4310 Queen Street, P.O. Box 1023 Niagara Falls, ON L2E 6X5 Dear Mayor Diodati, Heartland Forest Nature Experience 8215 Kalar Road, .Niagara Falls, Ontario www.heartlandforest.org 905.356.7384 Construction on Heartland Forest's new 14,000 square foot Nature Centre is underway! Thanks to a sizable grant from the Federal Government's Enabling Accessibility Fund and the support of our community the new Nature Centre will provide year -round access and programming and fulfills Heartland's desire to be seen as a leading example of accessibility issues and environmental stewardship. As a registered charity we are committed to excellence in the management of our funds. Our Board of Directors, Staff and Build Team are working diligently to ensure the Nature Centre is built on -time and on- budget. Unfortunately, both the City and Region's development fees were not factored into the grant monies, thus, the full weight of these amounts falls under community fundraising. The intent of this letter is to ask the City of Niagara Falls to waive the City's development fees of approximately $67,379.20. The new Nature Centre will certainly be a catalyst to grow Heartland Forest and we thank you in advance for your consideration. Sincerely. pan Bouwman Founder Rick Vanderkuip Chair, Board of Directors Office Mailing Address 7201 Beechwood Rd. Niagara Falls, ON L2E 6S5 CD- 2012 -10 Niagaraaalls November 13, 2012 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario Clerks Department CD- 2012 -10 2013 Council Schedule RECOMMENDATION That Council approve the proposed 2013 Council Schedule; and June 25 and Sept. 24, 2013 be added to the schedule That the former Committee of the Whole be eliminated with Council meetings to begin at 5:00 p.m., subject to Cogeco approval. EXECUTIVE SUMMARY A proposed 2013 Council schedule is submitted for Council's consideration. Staff is proposing to continue on Tuesday nights and to incorporate the Committee of the Whole into the regular Council agenda. Subject to Cogeco's availability, the meetings would begin at 5:00 p.m. Based on Council's decision an amendment to the Standing Rules of Council (By -law 89- 155) By -law will be brought forward at one of the remaining 2012 Council meetings. BACKGROUND Rule 2 of the Standing Rules of Council (By -law 89 -155) state that " ...meetings of the Council shall be held in accordance" with a Schedule that forms part of the by -law. As a result, on an annual basis, a new schedule is put forward for Council's consideration for the upcoming calendar year. In late 2011, Council directed staff to come up with a Tuesday schedule for Council meetings. The approved 2012 Council schedule saw seventeen (17), scheduled meetings. ANALYSIS /RATIONALE The determination of the proposed Council schedule is a balancing act of competing interests and priorities. Accommodating a Tuesday schedule needs to be balanced with the Cogeco schedule, if Council wishes all of their meetings to be televised live. Last year, Cogeco staff advised that Niagara Falls Council could go on Tuesdays if we avoided dates when Welland and Thorold Councils broadcast. Those respective Councils tend to have their meetings on the first and third Tuesdays of the month. As a result, staff has developed a schedule on the second and fourth Tuesdays of the month. The Thorold and Welland schedules also make it difficult to schedule a true tri- weekly schedule. Nonetheless, if approved, the proposed 2013 schedule would see eighteen (18), scheduled meetings during the calendar year. November 13, 2012 - 2 - CD- 2012 -10 The January 8, 2013 Council date is contemplated to be strictly related to the budget. A criticism Council had during the 2012 schedule was the determination of Committee of the Whole (COTW) items. Council members felt some of the COTW items should have been scheduled on the "regular" Council agenda for the public's benefit and viewing on Cogeco. For 2013, with Cogeco's approval, staff is proposing the elimination of the COTW agenda, with Council meetings to begin at 5:00 p.m. and the former COTW items incorporated into the Council agenda. Deputations and public meetings under the Planning Act would be scheduled for later in the agenda (i.e., not at 5:00 p.m.). If an In Camera meeting is necessary, it would be scheduled between 4:00 and 5:00 p.m. LIST OF ATTACHMENTS Proposed 2013 Council Schedule Recommended by: Respectfully submitted: DI Ken Todd, Chief Administrative Officer Sunday 6 13 January 2013 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 7 8 9 10 11 12 0 (5:00 PM - 9:00 PM) Council Meeting 14 15 16 17 18 19 20 21 22 23 24 25 26 0 (5:00 PM - 9:00 PM) Council Meeting 27 28 29 30 31 ScheduleCouncil 1 11/5/2012 - 1 :35 PM Sunday 3 February 2013 Monday Tuesday Wednesday Thursday Friday Saturday 4 5 6 10 11 12 O (5:00 PM - 9:00 PM) Council Meeting 13 14 15 16 17 18 19 20 21 22 23 O (8:30 AM - 4:30 PM) Family Day 24 25 26 27 28 O (5:00 PM - 9:00 PM) Council Meeting ScheduleCouncil 1 11/5/2012 - 1-35 PM Sunday March 2013 Monday Tuesday Wednesday Thursday Friday Saturday 3 4 5 6 7 8 9 10 11 12 13 14 15 O (8:30 AM - 4:30 PM) O (8:30 AM - 4:30 PM) O (8:30 AM - 4:30 PM) O (8:30 AM - 4:30 PM) O (8:30 AM - 4:30 PM) March Break March Break March Break March Break March Break 17 18 19 20 21 22 16 23 24 25 26 27 28 29 30 © (5:00 PM - 9:00 PM) O (8:30 AM - 4:30 PM) Council Meeting Good Friday 31 ScheduleCouncil 1 11/5/2012 - 1 :36 PM Sunday 1 April 2013 Monday Tuesday Wednesday Thursday 2 3 O (8:30 AM - 4:30 PM) Easter Monday 7 8 14 9 O (5:00 PM - 9:00 PM) Council Meeting 10 11 Friday Saturday 5 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 O (5:00 PM - 9:00 PM) Council Meeting 28 29 30 ScheduleCouncil 1 11/5/2012 - 1:36 PM Sunday May 2013 Monday Tuesday Wednesday Thursday 1 5 6 7 8 12 13 14 15 0 (5:00 PM - 9:00 PM) Council Meeting 19 20 21 22 0 (8:30 AM - 4:30 PM) Victoria Day 26 27 2 16 Friday Saturday 3 10 17 18 23 24 25 28 29 30 31 0 (5:00 PM - 9:00 PM) Council Meeting 0 (8:30 AM - 12:00 AM) FCM Conference ScheduleCouncil 1 11/5/2012 - 1 :37 PM Sunday June 2013 Monday Tuesday Wednesday Thursday Friday Saturday 1 O (12:00 AM - 4:30 PM) FCM Conference O (8:30 AM - 4:30 PM) FCM Conference 2 3 4 5 O (8:30 AM - 4:30 PM) FCM Conference 9 10 11 12 O (5:00 PM - 9:00 PM) Council Meeting 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ScheduleCouncil 1 11/5/2012 - 1:37 PM Sunday 1 July 2013 Monday Tuesday Wednesday 2 3 © (8:30 AM - 4:30 PM) Canada Day 4 Thursday Friday Saturday 7 8 9 10 11 12 13 O (5:00 PM - 9:00 PM) Council Meeting 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ScheduleCouncil 1 11/5/2012 - 1 :38 PM Sunday August 2013 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 O (8:30 AM - 4:30 PM) Civic Holiday 11 12 13 O (5:00 PM - 9:00 PM) Council Meeting 7 14 15 18 19 20 21 O (8:30 AM - 4:30 PM) 0 (8:30 AM - 4:30 PM) O (8:30 AM - 4:30 PM) AMO Conference AMO Conference AMO Conference 22 9 10 16 17 23 24 25 26 27 28 29 30 31 ScheduleCouncil 1 11/5/2012 - 1 39 PM Sunday 1 2 0 (8:30 AM - 4:30 PM) Labour Day September 2013 Monday Tuesday Wednesday Thursday Friday Saturday 8 9 10 0 (5:00 PM - 9:00 PM) Council Meeting 4 11 5 6 7 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ScheduleCouncil 11/5/2012 - 1 :39 PM Sunday 6 October 2013 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 7 8 9 10 11 12 O (5:00 PM - 9:00 PM) Council Meeting 13 14 15 16 17 18 19 O (8:30 AM - 4:30 PM) Thanksgiving 20 21 22 23 24 25 26 O (5:00 PM - 9:00 PM) Council Meeting 27 28 29 30 31 ScheduleCouncil 1 11/5/2012 - 1 :39 PM Sunday 3 November 2013 Monday Tuesday Wednesday Thursday Friday Saturday 1 2 4 5 6 7 10 11 12 13 14 15 O (5:00 PM - 9:00 PM) Council Meeting 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 O (5:00 PM - 9:00 PM) Council Meeting ScheduleCouncil 1 11/5/2012 - 1 :40 PM December 2013 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 15 9 10 11 12 13 14 O (5:00 PM - 9:00 PM) Council Meeting 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ScheduleCouncil 1 11/5/2012 - 1 :40 PM SNOIIV3INf1WWO3 lilRESTORATIVE JUSTICE WEEK ...Z SEMAINE OE LA JUSTICE REPARATRICE It gives me great pleasure to call upon all Mayors, Chiefs, Reeves, Councillors and community leaders from across Canada to proclaim Restorative Justice Week 2012. The Correctional Service of Canada (CSC) has been an active partner in the restorative justice community for more than a decade and has been proud to provide leadership to the annual celebration since 1996. Restorative Justice Week 2012 will be held in Canada, and throughout the world, from November 18th - 25th for the purpose of sharing the concrete learning and results that have come from the growing experience of practitioners and stakeholders in the application of a restorative justice approach and processes. The theme this year is "Diverse Needs; Unique Responses ". This theme recognizes that restorative justice is an approach that addresses the various needs of people impacted by crime and conflict that are created when a person has been harmed or treated unfairly. Restorative justice processes, in response to crime and conflict, are highly adaptable to different people, environments, and systems as the identified needs of the people involved help formulate the unique response that can contribute to a person's sense of safety, justice and well- being. Municipal recognition of Restorative Justice Week increases from year to year. In 2011, 301 municipalities across Canada proclaimed Restorative Justice Week representing 17.19% of the Canadian population. In addition, the provinces of Nova Scotia, Manitoba, and British Columbia proclaimed the Week. Restorative Justice Week was also celebrated in at least 19 other countries. This year, with your support, we hope to build on this success. Here are some ideas of what you could do as leaders in your community: • Declare / proclaim Restorative Justice Week 2012. Included with this letter is a copy of the proclamation. A printable version can also be found on our website::ht , , ww,,.csc- soc.gc a ex -,20 I _: c iencroc- en.,.s: ml; • Host a town hall meeting to promote and raise awareness about how restorative justice is expressed in your communities; • Challenge your community partners to create a local planning committee for Restorative Justice Week 2012 activities: • Invite a guest speaker from your community, who is involved in restorative justice, to share their perspectives. Should you require someone to talk to your city council or if you would like more information, please contact CSC's Restorative Justice Division at restcraT ;e; as -soc Please fax a copy of the proclamation or the minutes of the meeting declaring /proclaiming Restorative Justice Week 2012, as well as your contact information, to 613 -943- 2171. For more information on Restorative Justice Week 2012 and available resources, or to let us know if your city. town or village is planning an event, visit 'w'eY i cso-scc q,c. ca,tex noe- =- erq_sh`_ml. Not only will your Restorative Justice Week event be posted online, it will also be published in the Restorative Justice Week National Report. Note: If for any reason policy precludes your jurisdiction from proclaiming events, please advise as this information is collected annually for statistical purposes and reflected in the National Report. Don Head Commissioner 1 I Correctional Service Service correctionnel Canada Canada Canada RESTORATIVE JUSTICE WEEK -C,/ - 14/9-PEWS, in the face of crime or conflict, restorative justice offers a phiiosophy and approach that views these matters principally as harm done to people and relationships; and WifEWS, restorative justice approaches strive to provide support and opportunities for the voluntary participation and communication between those affected by crime and conflict (victims, offenders, community) to encourage accountability, reparation and a movement towards understanding, feelings of satisfaction, healing and a sense of closure; and WI E WS, this year's theme for Restorative Justice Week is "Diverse Needs; Unique Responses ", it is an opportunity to learn about restorative justice, educate and celebrate along with other communities across the country during the week. 2NE4' E FO R , I, , do hereby (Title and Name), proc[aim November 18 - November 25, 2012 as Restorative Justice Week in the of (type of municipality) (name of municipality) (11/8/2012) Dean Iorfida - Re: Nick Roma Page 1 From: Tony D'Amario To: Dean Iorfida Date: 11/8/2012 9:37 AM Subject: Re: Nick Roma hey dean sorry forgot to mention along with raising money for nicky ,that they would also be doing a donation towards project share ,so they would also be helping out the community if you can also mention that, that would be great thanks tony »> Dean Iorfida 11/1/2012 9:35 AM »> Perfect. Thanks Tony. Dean »> Tony D'Amario 11/1/2012 9:34 AM »> Hi We would like to make an official request for a couple hours ice time to be donated by the City of Niagara Falls for Nick Roma. We are trying to raise money to help with the cost for Nicky's recovery. Here's a little back round on Nicky At the end of 2011 Nick was diagnosed with Acute Lymphoblastic Leukemia (ALL) at the age of 17. He has been in and out of McMaster Hospital ever since. On July 10, 2012 while undergoing chemotherapy treatment, Nicky acquired a blood infection which quickly turned to severe septic shock. When he arrived at McMaster Hospital he was already in organ failure & his hands & feet were starting to turn purple. Unfortunately on August 15 we were told the hands & feet were completely dead & had to be amputated. A few days later he went into surgery. His hands were amputated below the elbow & feet below the knee. Nicky is now a quad amputee. But surgery saved his life. We hope the City will see it in there hearts and be able to help Nicky out. Thank You (11/8/2012) Dean lorfida - Nick Roma Page 1 From: Tony D'Amario To: Dean Iorfida Date: 11/1/2012 9:34 AM Subject: Nick Roma Hi We would like to make an official request for a couple hours ice time to be donated by the City of Niagara Falls for Nick Roma. We are trying to raise money to help with the cost for Nicky's recovery. Here's a little back round on Nicky At the end of 2011 Nick was diagnosed with Acute Lymphoblastic Leukemia (ALL) at the age of 17. He has been in and out of McMaster Hospital ever since. On July 10, 2012 while undergoing chemotherapy treatment, Nicky acquired a blood infection which quickly turned to severe septic shock. When he arrived at McMaster Hospital he was already in organ failure & his hands & feet were starting to turn purple. Unfortunately on August 15 we were told the hands & feet were completely dead & had to be amputated. A few days later he went into surgery. His hands were amputated below the elbow & feet below the knee. Nicky is now a quad amputee. But surgery saved his life. We hope the City will see it in there hearts and be able to help Nicky out. Thank You BDD- 2012 -10 Niagaraplls November 13, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Business Development SUBJECT: BDD- 2012 -10 Tourism Partnership of Niagara (TPN) Regional Tourism Organization (RTO) Grant ET Canada New Year's Eve Niagara Falls Show RECOMMENDATION: Council authorize the Mayor and Clerk to sign the TPN RTO Agreement. EXECUTIVE SUMMARY: Staff made a submission for funding to the TPN - RTO 2012 grant program for the ET Canada New Year's Eve Niagara Falls Show which is televised nationally on Global. Staff was successful in securing $50,000 for the event which will be used to secure talent for the 2012 broadcast. BACKGROUND: Staff submitted an application to RTO for this year's New Year's Eve Show and were successful in securing $50,000. The funds will be used to secure talent for this year's show. The event will be televised on Global Television this year under the "Entertainment Tonight" banner. These funds will augment the financial support provided by the City through the OPG funds, as well as, Celebrate Ontario, ET Canada, the Niagara Parks Commission, Fallsview Casino Resort, Clifton Hill BIA, Fallsview BIA, Victoria Centre BIA, and Lundy's Lane BIA. ANALYSIS /RATIONALE: The cost to produce the Niagara Falls New Year's Eve Show increases annually and these additional funds will assist in covering the increased expenses. CITY'S STRATEGIC COMMITMENT: Strengthen and promote economic viability within the City of Niagara Falls. November 13, 2012 - 2 - Recommended by: Respectfully submitted: BDD- 2012 -10 Serge Felicetti, Director of Business Development Ken Tod , Chief Administrative Officer NiagaraJalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Finance Department SUBJECT: F- 2012 -48 Monthly Tax Receivables Report F- 2012 -48 November 13, 2012 RECOMMENDATION That Council receive the Monthly Tax Receivables report for information purposes. EXECUTIVE SUMMARY This report is prepared monthly to provide Council with an update on the City's property tax receivables. Outstanding taxes as of September 30, 2012 were $24.1 million compared to $26.8 million in 2011. During September, tax receivables as a percentage of taxes billed decreased from 30.2% in 2011 to 28.0% in 2012. The City's finance staff has had continued success in resolving properties that are subject to registration for 2012. At this stage, 84.7% of properties have developed payment arrangements or have paid in full. There are currently nine properties scheduled for tax sale in the next two years. BACKGROUND This report is being provided as part of the monthly financial reporting to Council by staff. It is also submitted to our banking institution for compliance with our banking agreement. ANALYSIS /RATIONALE Tax collection for 2012 improved during the month of September. Table 1 shows that taxes outstanding at September 30, 2012 are $24.1 million. This represents a decrease from $26.8 million in arrears for the same period in 2011. Finance staff continues to actively pursue property owners in arrears. Table 2 provides the breakdown of outstanding taxes by assessment class. The majority of outstanding taxes are for residential and commercial properties. The chart shows that the taxes owing from the commercial property class have decreased from a year ago, whereas the residential property class has increased. Finance staff takes specific collection actions for properties that are subject to registration. These action steps have been outlined in previous reports. At January 1, 2012, 403 properties were subject to registration. Table 3 summarizes the progress of these actions after nine months of activity. This table shows 84.7% of the tax accounts or 341 properties have been paid in full or the owners have made suitable payment arrangements. During September, eight accounts were paid in full. In addition, the number of accounts with suitable payment arrangements including full payments increased from 80.9% (August) to 84.7% (September). November 13, 2012 - 2 - F- 2012 -48 Finance staff continues to make every effort to have accounts paid in order to avoid the registration process and the associated costs related to that process. Table 4 identifies the properties and associated tax arrears scheduled for tax sales in the future. During the month of September, two registered properties were redeemed. The outstanding taxes for registered properties represents 1.3% of the total outstanding taxes at month end. FINANCIAL /STAFFING /LEGAL IMPLICATIONS Tax arrears as a percentage of taxes billed in a year is a performance measure that stakeholders utilize to analyse an organization's financial strengths. Niagara Falls, due to its high reliance on commercial assessment, is traditionally higher compared to municipalities of similar size. The percentage of taxes outstanding to taxes billed as at September 30, 2012 is 28.0% which is a decrease from 2011's value of 30.2 %. The municipality has a record of full collection and earns significant penalty revenues to offset the higher measure. LIST OF ATTACHMENTS Table 1 Table 2 Table 3 Table 4 Taxes Receivable at September 30, 2012 Taxes Receivable by Property Class at September 30, 2012 Number of Properties Subject to Registration Scheduled Tax Sales Dates for Registered Properties Recommended by: Respectfully submitted: A. Felicetti i Todd Harris n, Direr for of Finance Ken T dd, Chief Administrative Officer TABLE 1 Total Taxes Receivable Owing at September 30, 2012 2012 2011 Outstanding Taxes @ August 31, 2012 $ 17,806,943 $ 20,559,955 Taxes Billed and Due September 30, 2012 $ 22,213,038 $ 20,952,565 Penalty charged in September $ 214,174 $ 248,247 Taxes Collected during September $ 16,091,677 $ 14,963,191 Outstanding Taxes @ September 30, 2012 $ 24,142,478 $ 26,797,576 Taxes Due October 31, 2012 $ 22,710,668 $ 21,892,045 Supplemental Due October 31, 2012 $ 602,224 $ 872,543 Supplemental Due November 30, 2012 $ 602,223 $ 872,543 Total Taxes to be Collected $ 48,057,593 $ 50,434,707 TABLE 2 Taxes Receivable by Property Class as at September 30, 2012 2012 Taxes Owing % of Class 2011 Taxes Owing % of Class Residential $ 18,012,218 37.48% $ 17,318,077 34.34% Multi- Residential $ 1,853,666 3.86% $ 1,829,907 3.63% Commercial $ 26,478,077 55.10% $ 29,198,682 57.89% Industrial $ 1,668,654 3.47% $ 2,055,336 4.08% Farmlands $ 44,978 0.09% $ 32,705 0.06% Total Receivables $ 48,057,593 100.00% $ 50,434,707 100.00% TABLE 3 TABLE 4 Scheduled Tax Sales Date Properties Subject to Registration as at August 31, 2012 Properties Subject to Registration as at September 30, 2012 % Initial Amount 403 403 5 Paid in Full 99 107 26.6% Payment Arrangements 227 234 58.1% Ongoing Collection Action 77 62 15.4% Registered 0 0 0.0% 403 403 100.0% TABLE 4 Scheduled Tax Sales Date Number of Properties Taxes Oustanding Amount November 2012 4 $ 147,263 May 2013 5 $ 462,135 November 2013 0 $ - Totals 9 $ 609,397 F- 2012 -49 NiagaraJalls November 13, 2012 REPORT TO: SUBMITTED BY: SUBJECT: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls Finance Department F- 2012 -49 Tax Sale Extension Agreement RECOMMENDATION That the City of Niagara Falls enter into an Extension agreement with 1077500 Ontario Inc. (Tonn Hui Yi) for the outstanding taxes owing 5951 Clark Avenue. EXECUTIVE SUMMARY The Finance department of the City registered the above noted property for unpaid taxes on January 5, 2012 The property is subject to a tax sale on February 13, 2013. The property owner has requested an Extension Agreement to pay his tax obligation of four installments, one installment of $100,000 immediately once the agreement is entered into with the balance paid in installments ($25,000 December 31, 2012; $25,000 March 31, 2013 and the balance due June 30, 2013). Staff are satisfied with these proposed arrangements and recommend working with the property owner in this fashion. BACKGROUND The Finance department of the City follows a tax collection process for property owners who fail to pay their property taxes. The process is followed sequentially through a series of action steps culminating in the sale of the property for the outstanding amounts. At every action step in the process, Finance staff attempt to work with the property owner to find suitable payment arrangements. Unfortunately, some situations are not resolved prior to the tax sale date. The Municipal Act, 2001 s378 provides opportunities for taxpayers who have properties that are registered and subject to tax sale, to seek payment terms beyond the tax sale date. This property was registered on January 5, 2012 and is subject to a tax sale on February 13, 2013. The property owner, through legal counsel has requested an extension agreement. The extension agreement would result in the tax obligation of $223,181.19 being paid in full as at June 30, 2013. Staff are confident that the terms of the agreement will be fulfilled. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The cost of producing the proposed Extension Agreement will be bourne by the property owner. During the period of the extension agreement the property will continue to be charged all applicable penalties for non payment. The property owner can pay the balance outstanding during the term of the agreement. Once the tax obligations is paid in full, the City Treasurer is required to register a tax arrears cancellation certificate. November 13, 2012 -2- F- 2012 -49 Should the property owner fail to meet the obligations of the Agreement then the property would be subject to the same tax sale proceedings that was in place prior to the establishment of the agreement. Recommended by: Respectfully submitted: TH /Iw Todd Harrisah. Direct %.r of Finance Ken Todd. Chief Administrative Officer L- 2012 -21 NiagaraFalls November 13, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Legal Services SUBJECT: L- 2012 -21 Permits Authorizing the Temporary Use of City Lands Our File No. 2012 -151 RECOMMENDATION That the City enact a by -law authorizing the Director of Recreation & Culture and the Director of Municipal Works, or their delegates, to issue Permits authorizing the temporary use of City lands, in the forms attached to this Report as Schedules "A" and "B ". EXECUTIVE SUMMARY From time to time, the City receives requests from members of the public concerning the use of City lands for a temporary purpose such as a private party, fund raising event or the staging of construction. Often, the requirements of the City are not complex and the party in question needs to enter the lands on fairly short notice. In order to accommodate this demand, Staff are recommending that a Permit system be implemented which would allow Staff to issue temporary permission to use lands on certain conditions, for specified purposes. The Permits would allow the parties seeking access up to 15 days use of City owned lands. There will be discretionary authority to extend the Permit beyond the 15 day term, subject to the approval of the Chief Administrative Officer and the City Solicitor. BACKGROUND From time to time, the City receives requests from members of the public seeking to use City lands for a temporary purpose. In the case of Recreation & Culture, the request might consist of the use of a park for the staging of a private party or for an event which does not fall within the jurisdiction of one of the recognized sports organizations that book facilities for games. In the case of Municipal Works, the requests are more likely to be for the staging of construction. The party in question will be constructing a building next to publicly owned lands and will require the use of the lands for the purpose of storing their construction materials and equipment during the course of construction. There are two forms of Permits. One is for larger scale operations and the other is geared towards the individual homeowner. November 13, 2012 - 2 - L- 2012 -21 ANALYSIS /RATIONALE The system that is being proposed is very similar to the system currently being used to authorize the temporary use of roads for construction purposes, and for parks and arenas for the purpose of staging sporting events. What is being proposed is simply a system whereby the authority to issue the temporary permissions is delegated to Staff so that the matter can be dealt with in an expeditious manner, and no Report is required to Council to authorize each of these requests. The standard terms being proposed will provide the necessary indemnities and insurance for the City to ensure that the risks of staging these events is not borne by the taxpayers. An example of the practical advantages of the proposed system was demonstrated by recent events concerning the Red Bull Crashed Ice event that is scheduled to take place on December 7, 2012. On October 16, 2012, Legal Services was informed that the event would require the use of certain City owned lands for a staging area. The current system would require formal approval of a Lease or Encroachment Agreement in order to allow this to take place. It would have been all but impossible to put such an agreement in place for Council approval by October 23, 2012; the next scheduled Council meeting. A Permit system would enable Staff to deal with such requests promptly, without the need for individual Council approval for each such request. FINANCIAL IMPLICATIONS The terms of the Permits are designed to minimize the financial impact of these events upon the City's budget. It is proposed that a fee be charged which will represent some recovery of the administrative costs of the program to the City. Security will be obtained to ensure that the user has an incentive to restore the property after use and that the City has a fund to draw on to repair any damage that the user is unable or unwilling to repair. The Permit fee would be $75.00. This figure represents the cost of processing the Permit. LIST OF ATTACHMENTS Schedules "A" and "B" - Permits. Recommended by: Respectfully submitted: K. Beaman Attachments Ken Beaman, City Solicitor Ken Todd, Chief Administrative Officer SCHEDULE "A" TO: THE CORPORATION OF THE CITY OF NIAGARA FALLS 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 PERMIT RELEASE AND INDEMNITY Re: (insert description of specific use of the property) The Corporation of the City of Niagara Falls (the "City ") owns the lands and premises described as (insert description of property where event is taking place) (the "Property "); (insert name of person or company accessing City property), (the "undersigned ") has requested the City to permit the undersigned, its servants, agents, employees and contractors, as the case may be, to enter upon and use the Property on (insert dates of use) (the "Dates of Use ") for the purpose of (describe the purpose of the use of the property) (the "Activity "); The City requires the undersigned to execute this Permit prior to permitting entry upon and use of the Property as described. THE UNDERSIGNED ACKNOWLEDGES AND AGREES: 1. The permission granted by the City may only be exercised by the undersigned on the Dates of Use and only in accordance with the terms herein. 2. The undersigned shall pay all costs incurred by the City as a result of the entry and use of the Property by the undersigned and without limiting the generality of the foregoing, such costs shall include any preparation, supervision and restoration of the Property by the City. 3. The undersigned shall be responsible for arranging and providing, at its sole expense, any security and policing which may be necessary for the protection of the Property and the public. 4. The undersigned shall keep the Property clean and safe from damage arising from the Activity and in the event of damage, the undersigned shall inform the City forthwith in writing. The City may repair any damage to the Property or inform the undersigned to proceed immediately to repair same and the undersigned shall be responsible, in any event, for all costs of remedying such damage. 5. In the event the Property is in any way altered by the Activity, the undersigned shall reinstate the Property to its original condition within two calendar days from the last date of the Dates -2- of Use (the "Clean Up Period "). 6. Any equipment, material or other thing left on the Property after the Clean Up Period shall be considered to be abandoned and become the property of the City, to be dealt with as the City sees fit and the undersigned shall be responsible for any cost to the City occasioned thereby, including the cost of its removal from the Property. 7. The undersigned shall deposit the sum of $ with the City, to be held to secure the reinstatement of the Property to its original condition by the conclusion of the Clean Up Period. 8. When, upon inspection, the City is satisfied that the Property has been restored to its original condition, the deposit shall be returned to the undersigned. 9. The Activity shall not require the temporary closing of any highway. 10. The undersigned shall use the Property at its sole risk and the City shall not in any event whatsoever be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the undersigned or any of its servants, agents, employees and contractors, or any other person who may be upon the Property, for any loss of, or damage or injury to anything belonging to the undersigned or to any other person during the entry and use of the Property. 11. The undersigned hereby releases and forever discharges the City from any and all actions, causes of action, claims and demands whatsoever, in law or in equity, for damages, loss or other injury, howsoever arising, which may have been or may hereafter be sustained by the undersigned in consequence of entering and using the Property, including all damage, loss and injury not now known or anticipated but which may arise in the future and all effects and consequences thereof. 12. The undersigned shall indemnify the City against all liability, claims, damages or expenses of any nature whatsoever which the City may sustain or incur or be liable for in consequence of the undersigned's entry or use of the Property, including liability for injury or damage to the servants, agents, employees and contractors of the undersigned. 13. The undersigned agrees to take out and keep in force a Commercial General Liability insurance policy to cover both bodily injury, public liability and property damage satisfactory to the City Solicitor, protecting and indemnifying the undersigned and the City, its officers, employees and agents against any claims for damage or bodily injury to or death of one or more persons and the loss of or damage to property occurring in, on, or about the Property with all inclusive coverage of not less than Five Million Dollars ($5,000,000.00), such policy to include the City as an additional insured and to be endorsed to include the contractual obligation of the undersigned to the City under this Permit and to contain a "cross liability" -3- endorsement. The said insurance policy shall include a clause that the insurer will not cancel or change the insurance coverages without first giving the City 30 days prior written notice. The City may, in its sole discretion acting reasonably, require the undersigned to raise the minimum amount of coverage and shall so advise the undersigned in writing, who then shall immediately increase the minimum coverage and deliver to the City within 30 days, a certified copy of the policy or certificate in lieu, in a form satisfactory to the City Solicitor, showing the amended coverage. 14. The undersigned shall furnish the City with a certified copy of the aforementioned insurance policy or an insurance certificate in a form acceptable to the City Solicitor prior to its entry upon the Property. 15. The undersigned shall comply with all statutes, regulations and by -laws of any federal, provincial or municipal authority, including the by -laws of the City. 16. The permission granted by the City shall not be assigned by the undersigned. 17. Wherever the singular or masculine is used in this Permit 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. DATED at the City of Niagara Falls, Ontario, this (insert date). The following is for use when executed by an individual SIGNED, SEALED AND DELIVERED ) in the presence of (insert name of witness) (insert name of individual) The following is for use when executed by a corporation (INSERT NAME OF COMPANY) Per: Name: Title: Name: Title: I/We have authority to bind the Corporation SCHEDULE "B" TO: THE CORPORATION OF THE CITY OF NIAGARA FALLS 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 PERMIT RELEASE AND INDEMNITY Re: (insert description of specific use of the property) The Corporation of the City of Niagara Falls (the "City ") owns the lands and premises described as (insert description of property where event is taking place) (the "Property "); (insert name of person or company accessing City property), (the "undersigned ") has requested the City to permit the undersigned, its servants, agents, employees and contractors, as the case may be, to enter upon and use the Property on (insert dates of use) (the "Dates of Use ") for the purpose of (describe the purpose of the use of the property) (the "Activity "); The City requires the undersigned to execute this Permit prior to permitting entry upon and use of the Property as described. THE UNDERSIGNED ACKNOWLEDGES AND AGREES: 1. The permission granted by the City may only be exercised by the undersigned on the Dates of Use and only in accordance with the terms herein. 2. The undersigned shall pay all costs incurred by the City as a result of the entry and use of the Property by the undersigned and without limiting the generality of the foregoing, such costs shall include any preparation, supervision and restoration of the Property by the City. 3. The undersigned shall be responsible for arranging and providing, at its sole expense, any security and policing which may be necessary for the protection of the Property and the public. 4. The undersigned shall keep the Property clean and safe from damage arising from the Activity and in the event of damage, the undersigned shall inform the City forthwith in writing. The City may repair any damage to the Property or inform the undersigned to proceed immediately to repair same and the undersigned shall be responsible, in any event, for all costs of remedying such damage. 5. In the event the Property is in any way altered by the Activity, the undersigned shall reinstate the Property to its original condition within two calendar days from the last date of the Dates -2- of Use (the "Clean Up Period "). 6. Any equipment, material or other thing left on the Property after the Clean Up Period shall be considered to be abandoned and become the property of the City, to be dealt with as the City sees fit and the undersigned shall be responsible for any cost to the City occasioned thereby, including the cost of its removal from the Property. 7. The undersigned shall deposit the sum of $ with the City, to be held to secure the reinstatement of the Property to its original condition by the conclusion of the Clean Up Period. 8. When, upon inspection, the City is satisfied that the Property has been restored to its original condition, the deposit shall be returned to the undersigned. 9. The Activity shall not require the temporary closing of any highway. 10. The undersigned shall use the Property at its sole risk and the City shall not in any event whatsoever be liable or responsible in any way for any personal injury or death that may be suffered or sustained by the undersigned or any of its servants, agents, employees and contractors, or any other person who may be upon the Property, for any loss of, or damage or injury to anything belonging to the undersigned or to any other person during the entry and use of the Property. 11. The undersigned hereby releases and forever discharges the City from any and all actions, causes of action, claims and demands whatsoever, in law or in equity, for damages, loss or other injury, howsoever arising, which may have been or may hereafter be sustained by the undersigned in consequence of entering and using the Property, including all damage, loss and injury not now known or anticipated but which may arise in the future and all effects and consequences thereof. 12. The undersigned shall indemnify the City against all liability, claims, damages or expenses of any nature whatsoever which the City may sustain or incur or be liable for in consequence of the undersigned's entry or use of the Property, including liability for injury or damage to the servants, agents, employees and contractors of the undersigned. 13. The undersigned agrees to obtain and maintain third party liability insurance coverage for the duration of the Activity for which it is permitted to use the Property, in an amount of not less than Two Million Dollars ($2,000,000.00). 14. The undersigned shall comply with all statutes, regulations and by -laws of any federal, provincial or municipal authority, including the by -laws of the City. 15. The peimission granted by the City shall not be assigned by the undersigned. -3- 16. Wherever the singular or masculine is used in this Permit 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. DATED at the City of Niagara Falls, Ontario, this (insert date). The following is for use when executed by an individual SIGNED, SEALED AND DELIVERED in the presence of (insert name of witness) ) ) ) ) ) ) (insert name of individual) The following is for use when executed by a corporation (INSERT NAME OF COMPANY) Per: Name: Title: Name: Title: I/We have authority to bind the Corporation MW- 2012 -55 NiagaraJg11s November 13, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2012 -55 Assumption of Various Subdivisions RECOMMENDATION That the City formally assume the Subdivisions listed in this report. EXECUTIVE SUMMARY The assumption of these developments will allow the City to formally recognize the developers have met their obligations in the Subdivision Agreement and place it on the regular maintenance schedule. BACKGROUND The City's standard Subdivision Agreement sets out the Developers obligations to ensure services are constructed according to City standards. Once all deficiencies are corrected and the maintenance periods have expired, the City will grant Final Assumption status to the development. According to the terms in the Subdivision Agreement, the City shall issue a Certificate of Assumption to the following subdivisions: REGISTRATION PLAN SUBDIVISION 59M -345 Ascot Woods Subdivision Extension 7 59M -318 Parkway Acres 59M -338 Garner Estates Subdivision Phase 5 Once the resolution is passed by Council a certificate will be issued to each developer and a formal notice sent to the Operations staff for their records. ANALYSIS /RATIONALE The Subdivider's Agreement sets out the developer's responsibilities from services design to construction completion which results in the City's assumption once the maintenance period expires and all deficiencies addressed to the City's satisfaction. November 13, 2012 - 2 - MW- 2012 -55 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The Subdivider Agreement sets out the Final Assumption criteria as follows: "Final assumption of Subdivision: Final assumption of the Subdivision shall define the date when all of the obligations and securities of the Subdivider for the subdivision are released and all maintenance responsibilities passed on to the City." "Certificate of Assumption: A Certificate of Assumption will be issued by the City after carrying out final maintenance inspection and approval of each Class of Works, including final assumption of the subdivision." The developers have met their responsibilities as set out in their Subdivision Agreements and therefore it is appropriate for the City to formally assume these subdivisions and issue the Certificates of Assumption. The securities for these developments have been returned to the Subdividers as all the works have been completed to the City's satisfaction. CITY'S STRATEGIC COMMITMENT Implementation of these works meets the intent of Council's Strategic Priorities to establish infrastructure investment priorities and to strengthen and promote economic development within the City. LIST OF ATTACHMENTS 1. Plan of Subdivision to be Assumed -Ascot Woods Subdivision Extension 7 2. Plan of Subdivision to be Assumed - Parkway Acres 3. Plan of Subdivision to be Assumed - Garner Estates Subdivision Phase 5 4. Index Map Recommended by: Respectfully submitted: Rick Volpini Geoff Holman, Director o Municipal Works Ken Todd, Chief Administrative Officer N iagarirails Plan of Subdivision To Be Assumed Map 1 (-GOWAN CRT z m nl , _ 1, I POSTRD --a ---------- PADDOCK -•, I I --tiftp2--noN I -- KSIDEDR ' !-- l I 1 ■ I 1 l „-- ' • 1 ..-_-','-'-'-0 ..- ---„,,, i' I i .„---- I 3 0 I N \ ....... Map Scale 1:5,000 trit o 1 , 1 ! , WATSON ST (----- . , „ 1 I ' > : m I i 1 t _________ _, __ _ „ t\ \ tt RO■it PKWY FAA/ CRES MapID Subdivision Plan No. 1 Ascot Woods Subdivision Extension Seven 59M345 Subject Subdivision Railway Hydro Line El Road Allowance October 2012 K: \GIS_Requests \2012 \Custom \Internal \MunWorks\Assumed_Subdiv \map.map "5-4 Niagara ills Plan of Subdivision To Be Assumed Map 2 Legend Subject Subdivision Railway Hydro Line Road Allowance • • • MapID Subdivision Plan No. 2 Parkway Acres Subdivision 59M318 N Map Scale 1:5,000 October 2012 K: \GIS_Requests \2012\ Custom\ Internal \M un W orks \Assu med_Su bd iv \ma p. ma p '417* Ni,i ar ;iJ u11% Plan of Subdivision To Be Assumed Map 3 N Map Scale 1:5,000 I GI D ,m pi ...L.„ _CANAD ' DR a, ! =j j �/ i73 I 1 i _ `� MILO IM R_ST___ -- —.,./ HEI OOP CRES Th MapID Subdivision Plan No. 3 Garner Estates Subdivision Phase Five 59M338 MCLEOD RD�__ Subject Subdivision Railway Hydro Line Road Allowance October 2012 K: \G IS_Requests \2012 \Custom\ Internal \Mun W orks\Nssu m ed_Su bd iv \ma p. map Wife City of Niagara Falls Ontario, Canada ! ..t tg111Mt - = *..' - IIPaltisia..,...■ ■r tillltilress.milLsr ii Jll1tlA9n lrr, . 4111•1 MI II II IIII nit p IllowwillimmT2T.rdi I/ Index Map to Accompany: Plan of Subdivision To Be Assumed Maps 1 -3 N $SSS BIOS 1000 m Legend International Border - U.S.A. °°0000 Hydro CP & CN Rail Map Area Subdivision to be Assumed River & Power Canal ?� USA K: \GIS_ Requests \2012 \Custom\ Internal \Mun Works\Assumed_Su bdiv \map. ma p October 2012 MW- 2012 -56 Niagara,Falls November 13, 2012 (4 \4UA REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2012 -56 Kinsmen Court Business Area Sign Land Acquisition from Niagara Region RECOMMENDATION 1. That the lands described as Parts 1, 2, 3, and 4 on Plan 59R -14770 be purchased from the Niagara Region for nominal consideration, including transfer expenses. 2. That the subject lands be dedicated as Public Highway known as Kinsmen Court. 3. That the Mayor and City Clerk be authorized to sign and execute the necessary documents to effect this transfer of land. With an amendment that staff come back with a report on how the sign will be administered EXECUTIVE SUMMARY City Council has authorized staff to work in partnership with the businesses located in the Kinsmen Court/Montrose Road area to develop improved signage for the business district. The Niagara Region currently has jurisdiction and ownership over the preferred sign location. Staff have been working cooperatively to develop an acceptable solution and have determined that since the subject land is surplus to the Region's needs and construction of third party signs on Region property is not permitted it would be prudent to look at transferring the ownership of a portion of the property to the City. The purpose of this report is to seek Council's authorization to acquire the lands needed to accommodate the new proposed sign for the Kinsmen Court Business Area. BACKGROUND At its meeting on March 27, 2012 Council adopted the recommendation set out in report BDD- 2012 -04. The recommendation included authorization to sign a licence agreement with the Region permitting the installation of the proposed business area sign on the Regional road allowance (attachment 1). The subject property is adjacent to Montrose Road, just north of the intersection with Kinsmen Court. The land is part of the original Montrose Road allowing which had been realigned at the time the QEW interchange at McLeod Road was constructed. November 13, 2012 - 2 - MW- 2012 -56 The subject property is surplus to the Niagara Region and could be transferred to the City of Niagara Falls so that the sign would not have to be located on the Regional road allowance. The proposed sign location is shown as Part 3 on Reference Plan 59R -14770 (attachment 2). The City currently uses Part 1, 2 and 4 for access to Kinsmen Court and would provide an area for staging for the sign construction and maintenance as well as snow storage during winter activities in the immediate area. There are a number of public services and utilities located underground within this property and rather than establishing easements it would be simple to dedicate these lands as Public Highway (as part of Kinsmen Court). ANALYSIS /RATIONALE The proposed solution satisfies the mutual needs of the City and the Region and provides opportunities for the City to enhance the landscaping at the entrance to this business district. FINANCIAL AND LEGAL IMPLICATIONS The transfer of the land at nominal consideration is reasonable given the size and nature of the property value. It is proposed that the City and Region split the costs of the land survey and that each party assume its respective legal costs. It is not expected that the total cost associated with the transaction will exceed $7,000. The funding for the expenditure will be recovered from the Transfer from Special Purpose Reserves, for Land Development. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with the Strategic Priority to encourage support of local businesses. LIST OF ATTACHMENTS 1. BDD- 2012 -04, March 27, 2012 2. Reference Plan 59R -14770 Recommended by: Respectfully submitted: Geoff Holman Geoff Holman, Director of Municipal Works , Ke Todd, Chief Administrative Officer Niagarara1ls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Business Development SUBJECT: BDD- 2012 -04 Kinsmen Court Business Park Sign BDD- 2012 -04 March 27, 2012 The recommendation(s) contained in this report were adopted by City Council RECOMMENDATION: That Council authorize staff to work in partnership with the Kinsmen Court businesses regarding the design, installation and maintenance of a Business Identification sign to be located on Montrose Road at Kinsmen Court. That Council authorize the Mayor and Clerk to sign the agreement with the Region to permit the sign on the Regional road allowance. EXECUTIVE SUMMARY: Staff was contacted by Kinsmen Court business representatives to discuss the installation of a sign highlighting the businesses located behind the MacBain Community Centre. The business node has been difficult for customers and suppliers to find the businesses located in the area. The sign would identify the businesses located on Kinsmen Court. In addition, the sign will have a message board which would be used to promote the business in the park and community events such as Canada Day, Santa Claus Parade, etc. The sign will be located on Montrose Road (Regional Road 98) at Kinsmen Court as per Schedule A. Staff will facilitate the sign application to the Region for approval. The sign will be owned by the City, however, the manufacturing, installation, and maintenance will be donated by Feren Signs on behalf of the Kinsmen Court businesses. BACKGROUND: Businesses representing the Kinsmen Court business node approached City staff regarding the installation of a way - finding sign for the businesses located on Kinsmen Court. Customers and suppliers have had a difficult time locating the business in the node and a business identification and way- finding sign would assist in alleviating the issue. The sign will be located on Montrose Road (Regional Road 98) at Kinsmen Court. Staff have facilitated a similar sign at the Stanley Avenue Business Park. The design, manufacturing, installation, and maintenance of the sign is being donated by Feren Signs who will be acknowledged on the sign. The sign will be owned by the City. March 27, 2012 ANALYSIS /RATIONALE: - 2 - BDD- 2012 -04 Business Development have facilitated a similar sign identification program at the Stanley Avenue Business Park. The businesses in the Kinsmen Court node have advised staff that customers and suppliers have difficulty finding their location. The sign will help to mitigate the issue. In dealing with the Region staff on the issue, they were reluctant to start negotiating with a group of independent business owners which do not have the authority to bind each other to the agreement. Therefore, the City would enter into an agreement with the Region to occupy a portion of the road allowance for the sign which will expedite the process. FINANCIAL /LEGAL IMPLICATIONS: Costs to design, manufacture, install, and maintain the sign will be donated by Feren Signs. CITY'S STRATEGIC COMMITMENT: The recommendation in this report is consistent with Council's Strategic Priorities of Economic Vitality. Recommended by: Respectfully submitted: SF:Ib Serge Felicetti, Director of business Development Ken odd, Chief Administrative Officer MW- 2012 -58 Niagaraaalls November 13, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2012 -58 Firemen's Park - Fee For Service and Lease Agreement with Stamford Centre Volunteer Firemen's Association RECOMMENDATION 1. That the Mayor and Clerk be authorized to execute an Agreement with the Stamford Centre Volunteer Firemen's Association (SCVFA) for the various services provided to the community on private lands known as Firemen's Park. EXECUTIVE SUMMARY Residents of the City of Niagara Falls have enjoyed the passive recreational use of Firemen's Park for many years. These lands are privately -owned by the SCVFA who have maintained these lands for public access and have hosted many fundraising events such as the annual Easter Egg Hunt, Twilight Tuesdays, Blues in the Park and the Annual Fall Fair. This Park plays a significant role in the provision of recreational opportunities for the community. In September of 2004, the City and the SCVFA established the Firemen's Park Youth Activity Complex on this site. The maintenance and terms of this arrangement were set out in a Lease Agreement which expires in August of 2024. More recently, the City has been working with the SCVFA to establish a Leash -Free Dog Park in a designated section of the subject property. The project is now complete and was officially opened this summer. This SCVFA has been receiving an annual stipend from the City which is used to offset some of their maintenance costs. Earlier this year City Council directed staff to work with the Community Service groups to formalize the working relationship into a "Fee For Service" Agreement that provides for accountability, transparency and a sustainable financial framework for both parties. The purpose of this report is to set out the terms and conditions of all three initiatives into one Agreement which will ensure that the City's investments on privately -owned lands are appropriately protected and, most importantly, that Firemen's Park can be enjoyed by the citizens of this community for many years to come. November 13, 2012 - 2 - MW- 2012 -58 BACKGROUND Firemen's Park is approximately 43.7 ha. (108 acres) in size and is situated north of Mountain Road between Dorchester Road and the Mountain Road Landfill Site in the north end of Niagara Falls. The Park is bisected by a CN Rail line running in a East -West direction. The lands are located along the Niagara Escarpment and are subject to the land use regulations permitted by the Niagara Escarpment Commission. A location Plan showing the Park is appended as Attachment #1. Firemen's Park Youth Activity Complex The City entered into a Lease Agreement with SCVFA on September 1, 2004 which has a term of twenty (20) years. This Agreement applies only to those lands within the Park designated for the Firemen's Park Youth Activity Complex. Under the terms of this Agreement the City maintains the playground equipment, grass cutting, trimming and edging, application of dust suppressant to the gravel roadway and parking areas, maintenance of services and waste collection. Other common provisions for insurance, indemnification and payment of taxes are also included. There is a nominal rent payment of one dollar ($1.00). The Youth Complex covers approximately 0.60 ha. (1.5 acres). A Layout Plan is appended as Attachment #2. Leash Free Dog Park City Council, at its meeting held on January 17, 2011, adopted the recommendations in report R &C -2011- 01 which approved the concept of a Leash -Free Dog Park at Firemen's Park subject to its approval in the 2011 Capital Budget. A copy of the approved report and a Layout Plan for this facility are appended as Attachments #3 and #2 respectively. The Dog Park covers an area of approximately 3.1 ha. (1.25 acres). Council subsequently approved MW- 2011 -38 on August 15t'', 2011 authorizing the execution of a 20 year lease agreement (Attachment #4). During the development of this project and the drafting of the corresponding Lease Agreement the SCVFA requested additional conditions that were not articulated to Council in the previous report More specifically, the SCVFA are requesting the City; • To provide grass cutting 1 m beyond the outside perimeter of the fence line. To apply a Double Surface Treatment application to the gravel surfaced roadway and parking areas used in conjunction with the Dog Park (was completed in 2012). To supply, install and maintain signage directing people to the Dog Park facility. To undertake winter snow plowing of the parking areas and entrance road. To supply and install a covered 8.5m x4.5m covered shelter on a concrete pad. To be constructed in 2012 or as soon as practical, at a location to be determined elsewhere in the Park. To agree that the Fee For Service payment currently at $14,440 not be reduced during the term of the proposed Agreement. Staff have been working with the SCVFA throughout the course of the year and recently received confirmation that their General Membership has authorized their executive group to execute the appropriate Agreement, subject to the City's acceptance of the terms listed above. The signed Agreement and corresponding execution Bylaw is included in tonight's agenda for Council's consideration. November 13, 2012 ANALYSIS /RATIONALE - 3 - MW- 2012 -58 The City owns approximately 367 ha. (907 acres) of parkland, trails, athletic fields and woodlots with an annual operating budget of $3,260,000. The costs work out to roughly $8,883 per ha. ( $3,595 /acre). If the City were to take on full maintenance responsibility of Firemen's Park it could require an annual commitment of $388,190, depending on the level of service provided throughout the entire property. The City's current annual operating costs include $5,435 (City forces) for the Youth Complex Lease Agreement and a `Fee For Service' payment of $14,440. When you add in the projected maintenance costs of $27,535 per year associated with the Dog Park the annual funding commitment to Firemen's Park totals $47,410. This is still well below the financial commitment that would be required by the City if it provided full services itself. As part of the City's initiative to achieve financial stability and infrastructure sustainability it makes a great deal of sense to look at a longer term arrangement particularly with respect to the annual Fee For Service. Staff are recommending that the request for funding of $14,440 be confirmed for a period of three years effective April 1St, 2012. This contribution will be reviewed and assessed once during the term of Council which will be helpful to both parties in planning their respective operating budgets. FINANCIAL IMPLICATIONS It is not expected that the addition of the Dog Park will require additional labour resources and staff will be working closely with the user group to minimize the effort required for keeping the facility clean and safe. LEGAL IMPLICATIONS This Lease Agreement contains the standard provisions for access to lands, dispute resolution, insurance and performance. CITY'S STRATEGIC COMMITMENT The recommendation is consistent with City Council's strategic priorities to achieve financial stability, infrastructure sustainability and to implement the recommendations of the Recreation Master Plan. LIST OF ATTACHMENTS 1. Location Plan 2. Layout Plan 3. R &C- 2011 -01 - January 17, 2011 4. MW- 2011 -38 - August 15, 2011 (includes Schedule B Location Map) Recommended by: Respectfully submitted: Geoff Holman Litip( Geoff Holman, Director Municipal Works Ken %Todd, Chief Administrative Officer LEASH FREE DOG PARK LOCATION (FENCED) NiagaraFalls DOG PARK LOCATION CONCEPT FIREMEN'S PARK JANUARY 2011 NiagarapOls REPORT TO: Members of the Committee of the Whole City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture Municipal Works SUBJECT: R&C- 2011 -01 Leash Free Dog Park R&C- 2011 -01 January 17, 2011 The recommendation(s) contained in this report were adopted in committee and ratified by City Council RECOMMENDATION 1. That the development of a leash free dog park at Stamford Centre Volunteer Firemen's Association's park be approved in principle; 2. That Council refer the development of a leash free dog park to 2011 Capital budget process; 3. And that a Friends of Niagara Falls Leash Free Dog Park be developed to assist with fund raising. EXECUTIVE SUMMARY Leash free dog parks are located in many communities throughout Canada. A dog park is designed for the exclusive use of dog owners to provide a place to share a common interest, to socialize and exercise while engaged in their favourite activity. The City of Niagara Falls is committed to providing its residents with a range of recreation facilities and opportunities to improve health and quality of life. A dog park provides the opportunity for anyone to exercise their dog properly and enjoy the proven health benefits of pet ownership. BACKGROUND As identified in the City of Niagara Falls, Strategic Plan for the Provision of Parks, Recreation, Arts & Culture, Section Four, Facilities & Parks Development Strategy states the need for leash free dog park. Design features for a park include the following: Location • • • Not adjacent to a busy road Not next to sensitive natural areas, gardens, children play areas Parking Available Size Separate areas for small and large dog areas • 0.5 - 1 acre small dogs • 2 - 2.5 acres large dogs January 17, 2011 -2- R&C- 2011 -01 Configuration • • • • • • Double gated entrance with a vestibule in between One main entrance A chainlink fence, min 4' to 6' maximum in height Accessible Well drained Surfaces can be turf, sand, shredded bark mulch Amenities • • Benches and /or picnic tables Play equipment for the dogs • Water source • Waste and recycling containers • Doggy bags • Shade, mature trees and /or pavilion Signage • Standard Rules and Etiquette posted at the parking lot and dog park entrance • Signage stating, Dog owners are legally responsible for their dog(s) and any injuries or damage caused by their dog(s). Individuals who choose to use the leash free park do so at their own risk. • All dogs must have a current license and rabies vaccination to use the facility. Enforcement/Legislation • Dog Owner's Liability Act, R.S.O. 1990 ANALYSIS /RATIONALE The need for a leash free dog park has been identified by the community and in the Parks, Recreation Arts & Culture's Strategic Plan. Recreation & Culture has received calls and emails from the public requesting a public leash free dog park. Staff has researched other municipal leash free dog parks to determine design features, location criteria and estimated costs to implement a leash free park. One possible location is S.C.V.F.A. Firemen's Park. The 135 -acre natural park, located in the north end of Niagara Falls is a popular destination for dog owners. Many dog owners allow their dogs to run off leash which has caused conflicts with other park users. A leash free dog park within Firemen's Park would allow dogs to safely run within a designated area. The proposed location of a leash free dog park at Firemen's Park adheres to standard criteria to establish an off leash dog park: minimal impact to existing neighbourhood; significant open space for the dogs; exclusive use of the space for dogs not shared with other users; January 17, 2011 - 3 - R &C- 2011 -01 • compatible with park's design, established users, features and components; • availability of parking, washrooms and potable water access. Staff has presented the concept of a leash free dog park to the S.C.V.F.A. Executive. The executive discussed the idea at their general membership meeting to determine their involvement with the proposed project. The general membership supports the project and the proposed location as shown in Attachments 1 & 3. The S.C.V.F.A. cannot provide the funding for the park but has agreed to license the required land to the City for the dog park. The license agreement would be similar to the existing license for the playground area. The Niagara Falls Humane Society also supports the project as shown in Attachment 2. FINANCIAL /STAFFING /LEGAL IMPLICATIONS The approximate cost to build a leash free dog park at Firemen's Park is approximately $50,000. The required fencing will cost approximately $30,000 or more depending upon the size of the dog park. If the dog park was built at an undeveloped City owned park without amenities such as a parking lot, washrooms, water line and shade the cost could be as high as $150,000 - $200,000. The proposed Friends of Niagara Falls Leash Free Dog Park will assist with fund raising for the park. Community volunteers plan to raise 20% of the total project cost. Working with the City, the group plans to promote opportunities for park sponsorship and to undertake special events to raise funds for future improvements to the park. Regular maintenance of the proposed off leash facility will be the responsibility of Parks operations. Waste receptacles will need to be emptied, replenish the supply of dog waste bags, collect any garbage and grass cutting. Annual maintenance costs are estimated to be $3,500.00 per year. Maintenance includes a three - person crew cutting the grass every two weeks, garbage and litter clean up and replenishing the dog dispenser bags. CITY'S STRATEGIC COMMITMENT The need for a leash free dog park is listed in the facility action plan section of the City of Niagara Falls, Strategic Plan for Provision of Parks, Recreation, Arts & Culture. City staff will continue to meet with appropriate organizations and community members to determine the features for a proposed Leash Free Dog Park. Upon implementation of the proposed park staff would monitor the number of visitors to the park to determine the demand for additional parks throughout the City. LIST OF ATTACHMENTS 1. Letter of support from S.C.V.F.A. 2. Letter of support from the Niagara Falls Humane Society. 3. Map of S.C.V.F.A. Park illustrating potential leash free dog park locations. January 17, 2011 Recommended by: Approved by: KM /das Attachments - 4 - R &C- 2011 -01 Kathy Moldenhauer, Acting Director of Recreation & Culture Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer /)71/4 NiagaraJq h REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works MW- 2011 -38 August 15, 2011 The recommendations) contained in this report were adopted by City Council SUBJECT: MW- 2011 -38 Leash Free Dog Park Lease Agreement with the Stamford Centre Volunteer Firemen's Association ( S.C.V.F.A.) RECOMMENDATION 1. That Staff be directed to proceed with the necessary 20 year term Lease Agreement between The Corporation of the City of Niagara Falls and The Stamford Centre Volunteer Firemen's Association ( S.C.V.F.A.), for the required development of a leash free dog park at Stamford Centre Volunteer Firemen's Association's park. 2. That the Mayor and Clerk be authorized to execute the Lease Agreement. EXECUTIVE SUMMARY Further to approved Report R &C- 2011 -01 (January 17, 2011) Council has since approved the Leash Free Dog Park Project in the 2011 Capital Budget. Upon approval of the project, staff has been diligently working with the S.C.V.F.A. and a local community -based group `Friends of Niagara Falls Leash Free Dog Park' to finalize the size, location and design for this dog park. Leash free dog parks are located in many communities throughout Canada. A dog park is designed for the exclusive use of dog owners to provide a place to share a common interest, to socialize and exercise while engaged in their favourite activity. The City of Niagara Falls is committed to providing its residents with a range of recreation facilities and opportunities to improve health and quality of life. A dog park provides the opportunity for anyone to exercise their dog properly and enjoy the proven health benefits of pet ownership. BACKGROUND As identified in the City of Niagara Falls, Strategic Plan for the Provision of Parks, Recreation, Arts & Culture, Section Four, Facilities & Parks Development Strategy states the need for a leash -free dog park. Design features for the park includes the following: separate areas for small and large dogs accessible to wheelchairs and mobility devices completely fenced with a double gated entrance signage for rules, regulations, and by -laws benches and seating opportunities shade trees and access to the existing park pavilion waste containers and dog bag dispenser units August 15, 2011 ANALYSIS /RATIONALE - 2 - MW- 2011 -38 The need for a leash -free dog park has been identified by the community and in the Parks, Recreation Arts & Culture's Strategic Plan. City staff continues to receive telephone calls and e -mails from residents requesting the development of a public leash -free dog park. Staff has researched other municipal leash free dog parks to determine design features, location criteria and estimated costs to implement a leash free park. A leash -free dog park within Firemen's Park would allow dogs to safely run within a designated area. The proposed location of a leash -free dog park at Firemen's Park adheres to standard criteria to establish an off leash dog park: minimal impact to existing the neighbourhood; significant open space for the dogs; exclusive use of the space for dogs not shared with other users; compatible with park's design, established users, features and components; availability of parking, washrooms and potable water access. Staff has presented the concept of a leash free dog park to the S.C.V.F.A. Executive. The S.C.V.F.A. cannot provide the funding for the park but has agreed to license the required land to the City for the dog park. The legal agreement would be similar to the existing legal agreement for the City playground area (attached for Council's reference is a copy of the `Draft' Agreement'.) FINANCIAL /STAFFING /LEGAL IMPLICATIONS City Council has approved this project in the 2011 Capital Budget. The budget for the Leash Free Dog Park Development is $95,000. The proposed Friends of Niagara Falls Leash -Free Dog Park will assist with ongoing fund raising for the park. Working with the City, the group plans to promote opportunities for park sponsorship and to undertake special events to raise funds for future improvements to the park. Regular maintenance of the proposed off leash facility will be the responsibility of Parks operations. Waste receptacles will need to be emptied, replenish the supply of dog waste bags, collect any garbage and grass cutting. Annual maintenance costs are estimated to be $3,500.00 per year. Maintenance includes a three - person crew cutting the grass every two weeks, garbage and litter clean up, and replenishing of the dog dispenser bags. CITY'S STRATEGIC COMMITMENT The need for a leash -free dog park is listed in the facility action plan section of the City of Niagara Falls, Strategic Plan for Provision of Parks, Recreation, Arts & Culture. Promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents. August 15, 2011 LIST OF ATTACHMENTS - 3 - MW- 2011 -38 1. `Draft' Legal Agreement for the Leash Free Dog Park with the S.C.V.F.A. 2. Leash Free Dog Park Location Map Recommended by: Respectfully submitted: GH /KM /JC /st Geoff Holman, Director of Municipal Works Ken Todd, Chief Administrative Officer SCHEDULE B PD- 2012 -61 Niagaraaalls November 13, 2012 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Planning, Building & Development SUBJECT: PD- 2012 -61 Information Report Ontario Wetland Evaluation System RECOMMENDATION That this report be sent to the Minister of Natural Resources as a formal request for MNR staff to undertake field evaluations of all wetlands within the urban boundary and those wetlands along both sides of the QEW, south of Lyon's Creek Road. EXECUTIVE SUMMARY At the September 25, 2012 meeting, City Council considered Official Plan Amendment No. 99 (Garner South Secondary Plan). During that discussion, Council requested information on how wetland areas are evaluated by the Ministry of Natural Resources. This report provides a brief overview of the process. The report also notes that wetlands within the City's Urban Boundary consume valuable urban land, reduce the efficient use of land, fragment developing neighbourhoods and under - utilize municipal infrastructure (sewage station capacity, etc.). Given this, it is recommended that MNR be requested to conduct field evaluations of the wetlands within the urban boundary. In addition, MNR it is recommended that field evaluations of the wetlands south of the urban boundary along the QEW be conducted as this corridor constitutes Council's long -term strategy for employment lands. BACKGROUND The Province has identified protection of Provincially Significant Wetlands as a Provincial interest and requires that the City provide appropriate levels of protection. In Niagara, the Province utilizes the Southern Ontario Wetland Evaluation System (OWES) Manual which is the evaluation procedure referred to in Section 2.1 of the Provincial Policy Statements to determine wetland significance. OWES is a science -based system used to evaluate and rank the relative value of wetlands which involves the definition, identification and measurement of wetland functions and values. The Evaluation Process The OWES process involves assigning points based on significance of the following values: biological (species; diversity, life cycles); social (recreation, production of harvestable products, research and education); November 13, 2012 - 2 - PD- 2012 -61 • hydrological (flood attenuation, contributions to groundwater recharge and discharge and improvements to water quality); and special features (rarity of wetlands, species at risk, ecosystem age, habitat quality for wildlife, including fish). Each of these four values, and their individual components, can be assigned a maximum point value of 250 points. All together, a maximum of 1,000 points may be assigned. A Provincially Significant Wetland (PSW) must have a minimum of 600 points or greater than 200 points in biological or special features component. Information Sources The MNR bases its assessments on a wide variety of data sources including: aerial maps, topographic maps, soil mapping, forest resource inventory mapping, watershed mapping, Ontario Base mapping and Landsat images; field investigations and background data from other sources (eg. NCPA for water flow; Ministry of Agriculture and Food on soil types; Ministry of the Environment on water quality and quantity; Ministry of Culture for cultural data); other sources of biological data (Ducks Unlimited, Nature Groups, Breeding Bird and Ontario Mammal Atlas; Ontario Herpatofaunal Summary, etc). Wetlands are considered as dynamic systems that change overtime therefore wetland files are always considered `open' and data is added or updated as it becomes available. MNR Staff is willing to visit the site at a property owner's request to reassess the wetland when an evaluation is in question. In Niagara Falls, information gathered through the South Niagara Watershed Study and the Natural Areas Inventory, both prepared by the Niagara Peninsula Conservation Authority) were used by the MNR in their most recent updated evaluation, completed in 2009. Planning Applications Site specific Planning Act applications under the Garner Secondary Plan, that contain or are adjacent to PSW's will require an Environmental Impact Study (EIS). An EIS will, at greater detail, confirm the boundaries of protected areas and developable land. Wetland Impacts Wetlands within the City's Urban Boundary consume valuable urban land, reduce the efficient use of land, fragment developing neighbourhoods and under - utilize municipal infrastructure (sewage station capacity, etc.). MNR should be requested to conduct site specific assessments of all of the wetlands within the Urban Boundary since most have not been subject to field investigation. Additionally, the Provincial Growth Plan identifies Niagara Falls as part of the Gateway Economic Zone (GEZ). A study undertaken by Niagara Region to implement the GEZ identifies the QEW as an important employment corridor. The lands along the QEW south of the Welland River are impacted by PSW's. In order to capitalize on the economic potential and viability of the GEZ, as espoused by the Province, field investigations of these areas should also be conducted by MNR staff. November 13, 2012 - 3 - FINANCIAL IMPLICATIONS There are no financial implications to this report. CITY'S STRATEGIC COMMITMENT PD- 2012 -61 Development of the GEZ along the QEW is a priority to the vitality of the City. Efficient and orderly development of Greeenfield areas would contribute to the City's goal for a well - planned city. LIST OF ATTACHMENTS ► No attachments. Recommended by: Respectfully submitted: F. Berard /A. Herlovitchi:ml Attach. LI(A-4, Alex Herlovitch, Director of Planning, Building & Development Ken Todd, Chief Administrative Officer S: \PDR\2012 \PD- 2012 -61, Ontario Wetland Evaluation System.wpd R &C- 2012 -21 Niagara,Falls November 13, 2012 C 4 V 11).1 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2012 -21 Tree Request RECOMMENDATION That Council identify the red oak tree, located at 6181 Corwin Avenue, Niagara Falls, as a Significant Community Tree worthy of designation under the Regional Municipality of Niagara's Tree and Forest Conservation By -law (30 -2008, as amended). EXECUTIVE SUMMARY Gary Wiegand, property owner of 6181 Corwin Avenue, Niagara Falls requested, through the Park in the City Committee that the red oak tree located at the front of his property be protected. The tree has been assessed by a certified arborist and has been determined to be 150 to 175 years of age and in good health. There are currently 3 trees within the municipality of Niagara Falls that are protected, with 2 of the 3 trees deemed significant by the Province. BACKGROUND In 2005, Niagara Falls City Council supported the initiative to have a unified tree and forest conservation by -law throughout the Niagara Region and, accordingly, delegated its authority to pass a by -law to the upper -tier municipality. The Region's By -law allows for the identification and designation of significant community trees. Designation, subject to exemptions under the by -law, prohibits the injury or destruction of a designated tree. The Park in the City Committee has been active for a number in years in their efforts to recognize important trees in the community. The City of Niagara Falls has also recognized trees as being significant to the community and have prepared by -laws to delegate protection of the Copper Beech Tree located at Drummond Hill Cemetery (By -law 2003- 136), the Stamford White Oak in Stamford Centre (By -law 2003 -136) and the Red Oak Tree near the Gary Hendershot Trail (By -law 2007 -093), which was the first tree to be protected under the Niagara Region's Tree and Forest Conservation By -law. November 13, 2012 - 2 - R &C- 2012 -21 At the September 19, 2012, Park in the City Committee meeting the members received a request from the property owner of 6181 Corwin Avenue, Niagara Falls to protect a 150 - 175 year old red oak tree located on the front lot area of the property. The property owner, Gary Wiegand has taken steps to gather information regarding the red oak tree (attachment 1). An accredited arborist, Bill Buchanan was contracted by Mr. Wiegand to record the age, diameter, height, canopy width, health and condition of the tree. Mr. Wiegand then reported the findings to the Park in the City Committee and also expressed his interest in having this tree protected. A motion was carried at the Park in the City Committee meeting regarding the tree: IT WAS MOVED BY Frank Fohr, second by John Anstruther, that staff forward a request to City Council to have the red oak tree located at 6180 Corwin Avenue deemed significant to the community and that the information be forward to the Niagara Region to have the tree designated as significant and protected under the Regional Tree and Forestry Conservation by -law. Motion Carried The Regional Municipality of Niagara has the authority to protect individual trees under their Tree and Forestry Conservation By -law. ANALYSIS /RATIONALE As written in the City's Official Plan, sub heading of Woodlands and Forestry Resources, the City recognizes the values and benefits of trees, hedgerows and woodlands to the overall environmental health of the community, as well as its visual appeal. The City shall place a high priority on the protection of these features (sec. 12.1.39). The City supports the protection of woodlands greater than 0.2 hectares in size and individual trees or small stands of trees on private lands that are deemed by Council to be of significance to the City because of species, quality, age or cultural association from injury and destruction through such means as the Niagara Region's Tree and Forest Conservation by -law or any similar Municipal by -law (sec. 12.1.42). The red oak tree located at 6181 Corwin Avenue does conform to the City's vision regarding woodlands and forestry resources. The tree's significance is its age of approximately 150 to 175 years old and in good health as reported by accredited Arborist, Bill Buchanan. CITY'S STRATEGIC COMMITMENT Following the City's Official Plan regarding the Woodlands and Forestry Resources section, the City should take steps in preserving the tree due to it's age and health. LIST OF ATTACHMENTS 1. Background Information provided by Gary Wiegand. Kathy Moldenhauer, Acting Director of Recreation & Culture Recommended by: Approved by: K. Moldenhauer /J. Guarasci /D. lorfida Ken odd, Chief Administrative Officer ATTACHMENT #1 N. GARY WIEGAND 6181 Corwin Ave., Niagara Falls, Ontario L2G 5L7 905- 358 -7834 August -21 -2012 Jeff Guarasci Community Development Co- Ordinator City of Niagara Falls 4310 Queen St, Niagara Falls, Ontario L2E 6X5 Dear Jeff: RE: Request for Heritage Designation Red Oak Tree circa 1837 - 1862 6181 Corwin Ave., Niagara Falls As discussed recently I continue to gather information regarding our Red Oak tree. The following items are provided: 1) Photos taken on July 9, 2012 2) Arborist report provided by Bill Buchanan, IIBSc Forestry ISA Board Certified Arborist NY -0392B We have also contracted Bill to maintain the tree with regards to pruning and root treatment. 3) Aerial and satellite photos of the area and property from 1934, 1995, 2002, 2004 and 2010. This Red Oak is located two blocks from Lundy's Lane and %2 mile from the Old Lundy Farm. Sherman Zavitz has knowledge regarding two farms located around the tree, but not of the tree itself. 1 look forward to hearing from you and I do hope the Red Oak receives the Heritage Designation it deserves. Too many healthy and mature trees are being removed all around the city. Yours Truly, N. Gary WiegAnd encl ��s Red Oak Quercus ruba 6181 CorwinAve,, Niagara falls, Ontario Diameter at Breast Height (DBH): Height: Canopy width at widest section: Canopy width at narrowest section: Average canopy width: Estimated age: Health and condition: 1227mm 48.3" 21.9m 72' 25.1m 82.5' 20.1m 66' 22.6m 74.2 150 - 175 years Good - Excellent Information provided by: Bill Buchanan, HBScForestry ISA Board Certified Master Arborist NY-0392B. 905 - 892 -6579 office, 905 -321 -8117 cell Submitted by : N. Gary Wiegand, Property Owner Niagaraaalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Recreation & Culture R &C- 2012 -24 November 13, 2012 SUBJECT: R &C- 2012 -24 Review of 2012 SIo -Pitch Tournament Weekends RECOMMENDATION 1. That Council endorse the Chippawa Willoughby Memorial Arena and Patrick Cummings Memorial Sport Complex be designated the permanent headquarters for SIo -Pitch National and Provincial Championship weekends to take place throughout August and September. 2. That no exemption be granted to any organization to allow the sale of plastic beverage bottles at City facilities and /or events. EXECUTIVE SUMMARY The City of Niagara Falls, in conjunction with the Niagara Falls Optimist Park and SIo -Pitch National has been hosting the SIo -Pitch Provincial and National Championships in Niagara Falls since 1988. As the Optimist facility will not be available in 2013 SPN, wanted to secure a new venue immediately for their event headquarters. Chippawa Willoughby Memorial Arena and Patrick Cummings Memorial Sport Complex proved to be an excellent choice for the event headquarters. Based on the success of the 2012 tournament weekends, staff supports the facility to become the permanent tournament headquarters. BACKGROUND SIo -Pitch hosts the Can -Am SIo -Pitch Tournament one weekend in late May, National Championships one weekend in August and the Provincial Championships take place over four weekends in late August and September. The SIo -Pitch tournaments have long been recognized for the significant contribution to the local economy through sport tourism. SIo -Pitch National contacted the City of Niagara Falls to inquire if the Chippawa Willoughby Memorial Arena was available this year to become their tournament headquarters for their Can Am Weekend, SIo -Pitch Nationals and SPN Championships. Recreation & Culture reviewed the request to determine if there were any scheduling conflicts with existing user groups. Staff met with Chippawa Arena users and impacted playing field youth user groups November 13, 2012 - 2 - R &C- 2012 -24 to discuss the proposal. Conflicts were resolved and staff recommends that Chippawa Willoughby Memorial Arena be designated as the headquarters for the SPN tournament weekends. Council endorsed, R &C- 2012 -09 report, May 8, 2012, that the Slo -Pitch Championship weekend headquarters to be located at Chippawa Willoughby Memorial Arena on the following weekends: Can Am Weekend, May 26 - 27, 2012; Slo -Pitch Nationals, August 3 - 6, 2012; SPN Championships: August 24 - 26, August 31 - September 2, September 7 - 9, and September 14- 16, 2012. Local youth organization (NFMHA, NFGHA, RMHA) ice rentals were transferred from Chippawa Willoughby Memorial Arena to the Gale Centre from September 12 to September 28 (actual date September 21) 2012, to accommodate SPN Championship September weekends. A community meeting was held Monday, July 9, 2012, prior to the national and provincial championship weekends to inform residents of the weekend events. Approximately twelve residents attended the meeting. SPN staff and City staff responded to questions regarding level of noise, control of alcohol, neighbourhood parking controls and available on site parking. ANALYSIS /RATIONALE During the summer months, staff received very few complaints following the SPN tournament weekends. The complaints received related to residents' parking concerns and questions. Upon the completion of the SIo -Pitch tournaments, Transportation Services staff distributed questionnaires to the residents on Weinbrenner, Montcalm and Campbell. The questionnaire was to acquire input from the residents as to their preferred parking on the streets, primarily during future SIo -Pitch tournaments. Of the 130 questionnaires delivered, staff received 39 responses. Of the responses received, there was no consensus as to the preferred parking regulations. The options included: maintaining the current regulation to allow parking at all times, restrict parking at all times, restrict parking and allow permit parking for residents. Given that there was a low response rate (30 %) and that there was not a consensus reached amongst the respondents, staff's recommendation is to implement the same regulations next year as was implemented this year, which was supported by residents. It was recommended to post no parking at any time signs on Weinbrenner, Montcalm, Campbell just prior to the SIo Pitch tournament season and remove them at the end of the season. Strict enforcement on the street will occur during events only. Each residential enquiry throughout the Slo Pitch tournament season will be responded to individually and assessed on its own merit. November 13, 2012 -3- R &C- 2012 -24 SPN staff, volunteers and City staff reviewed the summer tournament weekends. SPN organizers made the following recommendations for future events: SPN Event Recommendations Staff comments • Request a gravel parking area be created beside the arena. A temporary parking lot was created and well used by participants. A permanent parking area will assist other events taking place at the park and arena. Refer to the 2013 capital budget process and note the request in the update to the PRC Strategic Plan. • Complete facility repairs: ceiling fans and washroom repairs. Include in the 2013 Chippawa arena budget. • Request additional portable washrooms for park locations with no permanent washroom facilities. Ensure washrooms are emptied and cleaned. Order appropriate number of portable washrooms for requested parks. Request SPN to pay for extra washroom facilities. • Request additional large diamonds be built. Possible locations include converting multipurpose fields at Patrick Cummings or building a new ball complex at Palmer Park. Request will be included in the PRC Strategic Plan update and facility inventory. Staff will contact other municipalities to request additional diamonds for SPN. • Chippawa Volunteer Firefighters Association request permission to provide sport drinks and water. Stated they lost approximately $8600 from not selling gatorade and water over the six weekends. Staff has installed goose neck fountains in the Chippawa arena washrooms. Water is available in the facility and at the park. Participants can bring in their own water. Staff will prepare a letter for participants to inform them of the plastic beverage bottle issue. • Praised park and facility staff, diamonds looked great and staff responded to any customer service issues. Slo -Pitch national and provincial championship weekends were discussed at the Recreation Committee meeting, October 16, 2012. The Recreation Committee directed staff to work with SPN, GNBA and other impacted ball organizations to ensure youth participants are not displaced during the tournament weekends. GNBA implements 16 tournaments during the baseball season, with one tournament hosted on Labour Day meeting conflicts with SPN. However, SPN will work with GNBA to ensure the additional two diamonds they require are available for the GNBA tournament. GNBA is able to host their events but cannot be allocated any additional diamonds as the diamonds have been allocated to SPN since 1988 for their events. November 13, 2012 - 4 - R &C- 2012 -24 FINANCIAL /STAFFING /LEGAL IMPLICATIONS The Slo -Pitch tournaments have long been recognized for the significant contribution to the local economy through sport tourism. Based on the significant economic impact documented by the Niagara Sport Commission, the City is committed to work with Slo -Pitch to ensure the necessary facilities and amenities are provided for their event. The City collected $8,118 from Slo -Pitch National for the use of various ball diamonds for the tournament weekends. The Chippawa Volunteer Firemen's Association paid a weekend rate of $2,851 for the use of Chippawa Arena, total payment for the six weekends $17,851. CITY'S STRATEGIC COMMITMENT With the City's commitment to support the SPN Championship weekends, the Strategic Commitment to Encourage development of new tourism products, including expanding year round sport tourism opportunities utilizing City recreation facilities such as the Gale Centre is achieved. Recommended by: Respectfully submitted: Kathy Moldenhauer, Acting Director of Recreation & Culture Ken Todd, Chief Administrative Officer Niagararalls REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls SUBMITTED BY: Recreation & Culture SUBJECT: R &C- 2012 -25 2012 Sports Wall of Fame Inductees R &C- 2012 -25 November 13, 2012 RECOMMENDATION That Council approve the following 2012 Sports Wall of Fame Inductees: Pre 1970 Era Name E. Barry Mitchelson N.F.C.V.I. Senior Rugby District & S.O.S.S.A. Champions, 1945 Stamford Collegiate Senior Boys' BasketballTeam, 1955 1971 - 1990 Era Name Hank (Henry) A. Boone Bruce Stiefelmeyer 1991 - Present Era Name Joe Oreskovich Rick Oreskovich Stan Reid Jarrod Skalde NF Midget Boys Fastball Team, 1991 EXECUTIVE SUMMARY Category Athlete Team Team Category Builder Builder Category Builder Builder Builder Athlete Team Sport Basketball /Football Rugby Basketball Sport Boxing Basketball Sport Football Football Football Hockey Fastball The Sports Wall of Fame Committee annually hosts the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a special honour that recognizes the significant athletic achievements and contributions of those, in our community, who have brought them fame and to our City. The 2012 Sports Wall of Fame Induction Ceremony is scheduled for Sunday, January 27, 2013. November 13, 2012 2 R &C- 2012 -25 BACKGROUND For the past 23 years, the Sports Wall of Fame Committee has hosted the Niagara Falls Sports Wall of Fame Induction Ceremony. Induction into the Sports Wall of Fame is a great honour bestowed on our athletes, builders, teams and sponsors. More than 300 people attend the event each year and the Committee works to gather program sponsors to cover the cost of the program and the reception. The Committee hosts the event at the Gale Centre where the Sports Wall of Fame and Virtual Sports Wall of Fame are currently located. ANALYSIS /RATIONALE The City of Niagara Falls Sports Wall of Fame Committee is pleased to acknowledge the contributions of our athletes, builders, teams and sponsors that have brought fame to themselves and to our City. FINANCIAL /STAFFING LEGAL IMPLICATIONS City staff will coordinate the Induction Ceremony and have budgeted $4,690 for the plaques and items required to host the event. As noted above, the Committee works to gather program sponsors to cover costs of the program and the reception. CITY'S STRATEGIC COMMITMENT The City's Recreation & Culture Department has a commitment to provide optimum leisure service delivery in the City of Niagara Falls which enhances the quality of life, health and well- being of our people, our communities, our environment and our economy. The objective of the Niagara Falls Sports Wall of Fame is to honour and perpetuate the names and deeds of those individuals and teams whose athletic abilities have brought fame to themselves and their community, and of those individuals whose interest in and work for sport has resulted in a climate which benefited athletes and athletics. LIST OF ATTACHMENTS dit 2012 Sports Wall of Fame Inductees Achievements Recommended by: Respectfully submitted: e771/0-61,0)-t Kathy Moldenhauer Acting Director of Recreation & Culture Ke Todd, Chief Administrative Officer S: \Council \Council 2012 \R &C - 2012 -25- 2012 Sports Wall of Fame Inductees.wpd 2012 Sports Wall of Fame Nominee Achievements Pre 1970 Era Name Category /Sport Brief Bio E. Barry Mitchelson Athlete /Basketball & Football rk, Barry had a high profile athletic career as an athlete, coach and significant contributor to our Olympic endeavours. Barry played professional football with the Edmonton Eskimo Football Club Niagara Falls Collegiate Vocational Institute (N.F.C.V.I.) Senior Rugby District & S.O.S.S.A. Champions, 1945 Team /Rugby • 1945 S.O.S.S.A. Champions Stamford Collegiate Senior Boys' Basketball Team 1955, Provincial Champions Team /Basketball • 1955 Provincial Basketball Champions 1971 -1990 Era Name Category /Sport Brief Bio Hank (Henry) A. Boone Builder /Boxing • Hank began his boxing career in 1970 • Opening the St. Catharines Boxing Club and produced some great Olympic boxers • Hank had 4 members on the Canadian A Team and was the primary coach at many training camps. • 1984 Olympic Boxing Coach • 1983 Pan -Am Games Boxing Coach • 1982 World Champions in Boxing • In 1994, Hank returned to the Falls and helped at local gyms • In 1999, Hank opened Boone's City Boxing Club and he had several O.B.A. Provincial and Gold Gloves Champions. • Hank appeared in the movie Cinderella Man starring Russell Crowe and was honoured to be in the company of some of the World's Best Professional boxers • Hank continued to coach up until the day he died in a car accident on Oct. 11, 2011 Bruce Builder • Basketball coach for many years with the DSBN Stiefelmeyer In 1984, along with Les Potapczyk and Brian Mulligan, Bruce helped organize and run the Niagara Falls Minor Basketball League • In 1995, Bruce became the recruiting coordinator for the University of Western Ontario Men's Basketball Team and he continues to hold this position today. • Bruce was also involved with Niagara Falls Minor Girls' Soccer Association as a house league and travel team coach and served as Referee -in Chief. 1991 - Present Era Name Category /Sport Brief Bio Joe Oreskovich Builder /Football • Coached N.F. Boys Soccer, Girls Soccer, Red Raiders Basketball & Minor Football • St. Paul High School football coach • Co- Founder of the Niagara Regional Minor Football Association. Also Treasurer (1999 -2009) and Sponsorship Director (2008 -2011) • Recipient of the 2008 George McPhail Award Rick Oreskovich Builder /Football • Coached Boys Softball, Minor Hockey, High School Track & Field & St. Paul Junior Patriots • In 1999, Rick won the Doug Austin Award • In 2000, runner -up in the NFL /CFL Canadian High School Coach of the Year • In 2005, honoured as the McMaster University High School Coach of the Year • In 1999, presented the idea for a Minor Football League to members in the community and Co- founded the Niagara Regional Minor Football Association (NRMFA) • In his 13th year on the NRMFA Executive, now Director for Niagara Falls • Rick spent many years as NRMFA President and Past - President Stan Reid Builder /Football • Coached GNBA; Girls Minor Softball, ball hockey, ice hockey & basketball • GNBA PeeWee Convenor, Division Convenor, Equipment Manager, and President for Girls Minor Softball league. • Stan was instrumental in changing the venue to Optimist Park for the Girls Minor Softball and initiating a scholarship program for the girls leaving the league to continue post- secondary education. • Westlane coach - basketball, hockey & football • Co- founder of the Niagara Regional Minor Football Association Jarrod Skalde Athlete /Hockey • In 1986, Jarrod was drafted by the Oshawa Generals of the Ontario Hockey League and in 1990, they won the Memorial Cup; • In 1989, Jarrod was drafted by the New Jersey Devils in the 1989 NHL Entry Draft. Also played for Chicago Blackhawks • In 2002, Jarrod went to Switzerland and played for Lausanne of the Swiss Elite League. • 2005 -2006, played for Leksands of the Swedish Elite League. • 2007 -2008, Austrian Erste Bank Hockey League. 1991 - Present Era con't Name Category /Sport Brief Bio Niagara Falls Midget Boys Fastball Team, 1991 Team /Fastball • Won the Ontario Amateur Softball Association Championships (O.A.S.A.) In 1991. S: \Council \Council 2012 \R &C - 2012 -25- Attachment #1 2012 Inductees bio.wpd 0o 1 D cn CITY OF NIAGARA FALLS By -law No. 2012- A by -law to authorize the execution of an Agreement of Purchase and Sale with Zeljko Ristic, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between Zeljko Ristic, as Vendor and The Corporation of the City of Niagara Falls, as Purchaser for the property described as part of Lot 25, Plan NS22 being approximately 82 feet in width by 22 feet in depth, in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2012. November 13, 2012. November 13, 2012. AGREEMENT OF PURCHASE AND SALE PURCHASER, The Corporation of the City of Niagara Falls , agrees to purchase from VENDOR, Zeliko Ristic , the following: REAL PROPERTY: Address Part of 6114 Kalar Road, and legally described as Part of Lot 25, Plan NS22, in the City of Niagara Falls, in the Regional Municipality of Niagara, being approximately 82 feet in width by 22 feet in depth, as shown hatched on Schedule "A" attached (the "property"). PURCHASE PRICE: Forty Thousand and zero Dollars (CDN$40,000.00) DEPOSIT: Purchaser submits Four Thousand and Zero Dollars (CDN$4.000.00) cash or negotiable cheque payable to the Vendor upon acceptance to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. SCHEDULE(S) "A" and "B" attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4:30 p.m. on the 30th day of November , 2012 , after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on or before the 20th day of December , 2012. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. (905)- 357 -9686 (For delivery of notices to Vendor) FAX NO. (905) 371 -2892 (For delivery of notices to Purchaser) 7. HST: If this transaction is subject to Harmonized Sales Tax (H.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to H.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to H.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on or before the 10th day of December, 2012. (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (1) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use Residential R1 D may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may Page 1 of 7 reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties: and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. Page 2 of 7 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non - residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non - resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. Page 3 of 7 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this day of , 2012 IN WITNESS whereof I have hereunto set my hand and seal: Purchaser: THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE James M. Diodati, Mayor DATE Dean lorfida, City Clerk I, the Undersigned Vendor, agree to the above Offer. DATED AT Niagara Falls this day of 2012 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: fog. 2G-Id Q/sfe� (Witness) v (Vendor) ■ (Witness) (Vendor) Page 4 of 7 DATE ex 7- 2 3.2D /Z DATE CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at a.m. /p.m. this day of , 20 (Signature) ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE DATE (Vendor) Per: James M. Diodati, Mayor DATE DATE (Vendor) Per: Dean lorfida, Clerk Purchaser's Address for Service: The Corporation of the City of Niagara Falls, 4310 Queen St., P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 Purchaser's Lawyer: Kenneth L. Beaman Address: 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 FAX No. (905) 371 -2892 Vendor's Address for Service: 1 � � 0-ZONI}S (IP-1 be • �Zf-E 3 A`7 Tel. No. (/t .- ?'4-?14- Vendor's Lawyer Daniel J. McDonald Address 4683 Queen Street, P.O. Box 726 Niagara Falls, ON L2E 6V5 Tel.No. (905)- 356 -1524 FAX No. (905)- 357 -9686 Page 5 of 7 SCHEDULE "A" EXISTING; EDGE OF ROAD EXSTG EDGE 3F ROAD 82' Page 6 of 7 '7'....:...7!;:rtZtiVIIMMIZIt?.?$.11.1ritttniern.11112.1111T:r 4,116,.. , ,, VatiliffAilial • " "•.".•••••••••".'.:-*--:,*'::-:....:: e,t; liNanniz-...:::-.:,:.:--?....ItitedM - :.:.:....-::::::::.:.:.:::-:::: '-‘, \ - 7 e eqi ALTERNATIVE SIDEWALK TO SAVE TREES PNS22 LOT 28 SULLIVAN CHR1SOPHER PATRICK PAONESSA CORRIE- ANN 272509000802800 6130 KALAR RD MHO,* 24.21k-n 82 ' ZELJKO RISTIC Part of Lot 25, Plan NS22 6114 Kalar Road Niagara Falls P a trt (00 Page 6 of 7 '7'....:...7!;:rtZtiVIIMMIZIt?.?$.11.1ritttniern.11112.1111T:r SCHEDULE "B" A. The Purchase Price shown on Page 1 of this Agreement is comprised of the following: Land for road widening, disturbance and injurious affection 82 feet x 22 feet = 1804.58 sq. ft. 1804.58 sq.ft. @ $22.25/sq.ft. = $40,152, rounded to $40,000.00 B. The Purchaser will obtain, at its cost, a reference plan description of the Property to be transferred. C. The Purchaser will reimburse the Vendor for its reasonable legal fees incurred in connection with the Purchaser's acquisition of the Property, upon receipt of an itemized statement of account. Page 7 of 7 CITY OF NIAGARA FALLS By -law No. 2012- A by -law to authorize the execution of an Agreement of Purchase and Sale with Darko Buric and Elvira Buric, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between Darko Buric and Elvira Buric, as Vendor and The Corporation of the City of Niagara Falls, as Purchaser for the property described as part of Lot 24, Plan NS22 being approximately 82 feet in width by 22 feet in depth, in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2012. November 13, 2012. November 13, 2012. AGREEMENT OF PURCHASE AND SALE PURCHASER, The Corporation of the City of Niagara Falls , agrees to purchase from VENDOR, Darko Buric and Elvira Buric , the following: REAL PROPERTY: Address Part of 6098 Kalar Road, and legally described as Part of Lot 24, Plan NS22, in the City of Niagara Falls, in the Regional Municipality of Niagara, being approximately 82 feet in width by 22 feet in depth, as shown hatched on Schedule "A" attached (the "property"). PURCHASE PRICE: Forty Three Thousand Five Hundred and zero------ Dollars (CDN$43,500.00) DEPOSIT: Purchaser submits Four Thousand and Zero Dollars (CDN$4,000.00) cash or negotiable cheque payable to the Vendor upon acceptance to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. SCHEDULE(S) "A" and "B" attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4:30 p.m. on the 30th day of November , 2012 , after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on or before the 20th day of December 2012. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. (905)- 295 -2037 (For delivery of notices to Vendor) FAX NO. (905) 371 -2892 (For delivery of notices to Purchaser) 7. HST: If this transaction is subject to Harmonized Sales Tax (H.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to H.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to H.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on or before the 10th day of December, 2012. (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (I) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use Residential R1 D may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Page 1 of 7 Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. Page 2 of 7 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non - residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non - resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. Page 3of7 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this day of , 2012 IN WITNESS whereof I have hereunto set my hand and seal: Purchaser: THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE James M. Diodati, Mayor DATE Dean lorfida, City Clerk I, the Undersigned Vendor, agree to the above Offer. DATED AT Niagara Falls this ZS day of , 2012 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: (Witness) (Witness) DATE C'C7a /1Z f!,! , ' -' "`� AX_PATE €.' C7 Z-S- / 2 (ELVIRA BURIC) Page 4 of 7 CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at a.m. /p.m. this day of , 20 (Signature) ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. DATE (Vendor) Per: James M. Diodati, Mayor THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE DATE (Vendor) Per: Dean lorfida, Clerk DATE Purchaser's Address for Service: The Corporation of the City of Niagara Falls, 4310 Queen St., P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 Purchaser's Lawyer: Kenneth L. Beaman Address: 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 FAX No. (905) 371 -2892 Vendor's Address for Service: 6098 Kalar Road Niagara Falls, ON L2H 1T3 Tel. No. (905) 356 -0127 Vendor's Lawyer Paul Krowchuk Address 3848 Main Street, Suite A, Niagara Falls, ON L2G 6B2 TeI.No. (905)- 295 -9995 FAX No. (905)- 295 -2037 Page 5 of 7 SCHEDULE "A" E. ER DC E/P CCM' 1.5m WIDESIKE LANE-1 - - - _ . 44.1111611111P0111111.111.11VeilLIKOMM7411/1100aligilli .rSEDEW SIDALK ; - -71- ) / • PLAN IVB22 LC? BURIC H A 272509000602900 6114 KMAR RD MIONTME: Meal 82' DARKO and ELVIRA BURIC Part of Lot 24, Plan NS22 6098 Kalar Road Niagara Falls ALTERNATIVE SIDEWALK TO SAVE TREES 13/4„, Lof Fib,11-‘26.c. - Z41,9 SCHEDULE "B" A. The Purchase Price shown on Page 1 of this Agreement is comprised of the following: Land for road widening, disturbance and injurious affection 82 feet x 22 feet = 1804.58 sq. ft. 1804.58 sq.ft. @ $22.25/sq.ft. = $40,152, rounded to $40,000.00 Replacement of Brick Pillars with electrical service by the Vendor - $3,000.00 Loss of Landscaping - $500.00 Total Compensation - $43,500.00 B. The Purchaser will obtain, at its cost, a reference plan description of the Property to be transferred. C. The Purchaser will reimburse the Vendor for its reasonable legal fees incurred in connection with the Purchaser's acquisition of the Property, upon receipt of an itemized statement of account. D. The Purchaser shall reinstate the Vendor's concrete driveway. E. The Vendor agrees to disconnect its underground roof drains. F. The Purchaser shall supply and install a red maple tree, nursery grade and size, at a location to be mutually agreed upon between the Vendor and Purchaser. Page 7 of 7 CITY OF NIAGARA FALLS By -law No. 2012- A by -law to authorize the execution of an Agreement of Purchase and Sale with Vincent DiLibero and Carmela DiLibero, respecting the purchase of lands in the City of Niagara Falls. in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between Vincent DiLibero and Carmela DiLibero. as Vendor and The Corporation of the City of Niagara Falls, as Purchaser for the property described as part of Lot 30, Plan NS22 being approximately 82.5 feet in width by 22 feet in depth, in the City of Niagara Falls, in the Regional Municipality of Niagara. subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto. is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2012. November 13, 2012. November 13, 2012. AGREEMENT OF PURCHASE AND SALE PURCHASER, The Corporation of the City of Niagara Falls agrees to purchase from VENDOR, Vincent DiLibero and Carmela DiLibero , the following: REAL PROPERTY: Address Part of 6196 Kalar Road, and legally described as Part of Lot 30, Plan NS22, in the City of Niagara Falls, in the Regional Municipality of Niagara, being approximately 82.5 feet in width by 22 feet in depth, as shown hatched on Schedule "A" attached (the "property "). PURCHASE PRICE: Forty -one Thousand Two Hundred and zero Dollars (CDN$41,200.00) DEPOSIT: Purchaser submits Four Thousand and Zero Dollars (CDN$4,000.00) cash or negotiable cheque payable to the Vendor upon acceptance to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. SCHEDULE(S) "A" and "B" attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4:30 p.m. on the 30th day of November , 2012 , after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on or before the 20th day of December , 2012. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer. any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received. when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. (905)- 356 -6904 (For delivery of notices to Vendor) FAX NO. (905) 371 -2892 (For delivery of notices to Purchaser) 7. HST: If this transaction is subject to Harmonized Sales Tax (H.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to H.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to H.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on or before the 10th day of December, 2012. (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (I) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property. that its present use Residential R1 D may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Page 1 of 7 Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions. charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility: (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage. storm or sanitary sewers. public utility lines telephone lines, cable television lines or other services which do not materially affect the present use of the property If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive. this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without nterest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract. survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. Page 2 of 7 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser. Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any. necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non - residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non - resident of Canada. 17. ADJUSTMENTS: Any rents. mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19 TENDER. Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank. Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21 UFFI Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty. collateral agreement or condition. which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. Page 3 of 7 24. SUCCESSORS AND ASSIGNS: The heirs. executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falis this day of 2012 IN WITNESS whereof I have hereunto set my hand and seal: Purchaser. THE CORPORATION OF THE CITY OF NIAGARA FALLS James M. Diodati, Mayor Dean lorfida. City Clerk DATE DATE I, the Undersigned Vendor. agree to the above Offer. DATED AT Niagara Falis this day of � 2012 SIGNED SEALED AND DELIVERED in the presence of IN WITNESS whereof 1 have hereunto set my hand and seal: (Witness) VINCENT DILIBERO (Witness) DATE :_ ,+ -.DATE CARMELA DILIBERO Page 4 of 7 CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at a.m. /p.m. this day of 20 (Signature) ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE DATE (Vendor) Per James M. Diodati. Mayor DATE DATE (Vendor) Per: Dean lorfida, Clerk Purchaser's Address for Service: The Corporation of the City of Niagara Falls. 4310 Queen St., P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 Purchaser's Lawyer: Kenneth L Beaman Address. 4310 Queen Street, P.0 Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 FAX No. (905) 371 -2892 Vendor's Address for Service: 6196 Kalar Road Niagara Falls, ON L2H 1T3 Tel. No (905) 358 -6634 Vendor's Lawyer Marc DiGirolamo. Broderick & Partners Address 4625 Ontario Avenue, Niagara Falls ON L2E 6V6 Tel.No. (905)- 356 -2621 FAX No (905)- 905 - 356 -6904 Page 5 of 7 SCHEDULE "A" nASS 82.5' PROPOSED SIDEWAL PNS22 LOT 31 JUJIC DRAGOSH VUJIC VASIUJA 272509000602300 6214 KALAR RD F ONT.a: m.lsn 82.5' VINCENT and CARMELA DILIBERO Part of Lot 30, Plan NS22 6196 Kalar Road Niagara Falls PNS22 LOT 29 PT LOT 28;RP 5981100 PART 2 LEE DARRYL HUTCHEON TAMMY A 272509000602500 6180 KALAR RD FENTVE: 2660m SCHEDULE "B" A. The Purchase Price shown on Page 1 of this Agreement is comprised of the following: Land for road widening, disturbance and injurious affection 82.5 feet x 22 feet = 1815.46 sq. ft. 1815.46 sq.ft. @ $22.25/sq.ft. = $40,394, rounded to $40,400.00 Loss of landscaping = $750.00 Total Compensation = $41,144.00, Rounded to $41,200.00 B. The Purchaser will obtain, at its cost, a reference plan description of the Property to be transferred. C. The Purchaser will reimburse the Vendor for its reasonable legal fees incurred in connection with the Purchaser's acquisition of the Property, upon receipt of an itemized statement of account. D. The Purchaser will reinstate the Vendor's concrete driveway as part of the reconstruction of Kalar Road. E. The Purchaser will! relocate the small maple tree next to the existing bell box to a place to be mutually agreed upon between the Purchaser and Vendor. Page 7 of 7 CITY OF NIAGARA FALLS By -law No. 2012- A by -law to authorize the execution of an Agreement of Purchase and Sale with Darryl Lee and Tammy Hutcheon, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between Darryl Lee and Tammy Hutcheon. as Vendor and The Corporation of the City of Niagara Falls, as Purchaser for the property described as Part of Lots 28 and 29. Plan NS22 being approximately 94.5 feet in width by 22 feet in depth. in the City of Niagara Falls, in the Regional Municipality of Niagara. subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto. is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2012. November 13, 2012. November 13. 2012. AGREEMENT OF PURCHASE AND SALE PURCHASER, The Corporation of the City of Niagara Falls , agrees to purchase from VENDOR. Darryl Lee and Tammy Hutcheon , the following: REAL PROPERTY: Address Part of 6180 Kalar Road and legally described as Part of Lots 28 and 29, Plan NS22, in the City of Niagara Falls, in the Regional Municipality of Niagara, being approximately 94.5 feet in width by 22 feet in depth, as shown hatched on Schedule "A" attached (the "property"). PURCHASE PRICE: Forty -Eight Thousand Three Hundred and zero Dollars (CDN$48,300.00) DEPOSIT: Purchaser submits Five Thousand and Zero Dollars (CDN$5 000.00) cash or negotiable cheque payable to the Vendor upon acceptance to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase puce by bank draft or certified cheque to the Vendor on dosing, subject to the usual adjustments. SCHEDULE(S) "A" and "B" attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4:30 p.m. on the 30th day of November , 2012 , after which time, if not accepted. this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on or before the 20th day of December 2012. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer. any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received. when hand delivered to the address for service provided herein or. where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. (905)- (For delivery of notices to Vendor) FAX NO. (905) 371 -2892 (For delivery of notices to Purchaser) 7. HST: If this transaction is subject to Harmonized Sales Tax (H.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to H.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to H.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on or before the 10th day of December, 2012. (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (I) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property. that its present use Residential R1D may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Page 1 of 7 Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions. charges, liens. and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines. telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed. abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union. Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. Page 2 of 7 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. if requested by Purchaser, Vendor covenants that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any. necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non - residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non - resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. Page 3of7 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this day of 2012 IN WITNESS whereof I have hereunto set my hand and seal: Purchaser: THE CORPORATION OF THE CITY OF NIAGARA FALLS James M. Diodati, Mayor Dean lorfida, City Clerk DATE DATE I. the Undersigned Vendor. agree to the above Offer. DATED AT Niagara Falls this 3c; day of k 2012 SIGNED, SEALED AND DELIVERED in the presence of IN WITNESS whereof I have hereunto set my hand and seal: (Witness) (Witness) u DATE DAJRRYL LEE DATE + 3.1 > TAMMY HUTCHEON Page 4 of 7 CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at a.m. /p.m. this day of , 20 (Signature) ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE DATE (Vendor) Per: James M. Diodati, Mayor DATE DATE (Vendor) Per: Dean lorfida, Clerk Purchaser's Address for Service: The Corporation of the City of Niagara Falls, 4310 Queen St., P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 Purchaser's Lawyer: Kenneth L. Beaman Address: 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 FAX No. (905) 371 -2892 Vendor's Address for Service: 6180 Kalar Road Niagara Falls, ON L2H 1T3 Tel. No. (905) 658 -7882 Vendor's Lawyer Brian Sinclair Address 6617 Drummond Road. Niagara Falls, ON L2G 4N4 TeI.No. (905)- 356 -7755 FAX No. (905)- Page 5 of 7 SCHEDULE "B" A. The Purchase Price shown on Page 1 of this Agreement is comprised of the following Land for road widening, disturbance and injurious affection 94.5 feet x 22 feet = 2078.85 sq. ft. 2078.85 sq.ft. @ $22.25/sq.ft. = $46,254.00 To sign offer - $2,046.00 Total Compensation = $48,300.00 B. The Purchaser will obtain, at its cost, a reference plan description of the Property to be transferred. C. The Purchaser will reimburse the Vendor for its reasonable legal fees incurred in connection with the Purchaser's acquisition of the Property, upon receipt of an itemized statement of account. D. The Purchaser will provide a curb cut of 8.0m (26.2'), beginning more or Tess at the Vendor's northerly property line and will construct an asphalt surfaced driveway, to residential standards, from the curb cut to the new property line. Page 7 of 7 SCHEDULE "A" -- - 94.5' PN822 LOT 30 DILIBERO VINCENT IILIBERO CARMEIA 2509000602400 196 KALAR RD 17101TACE a+sn 94.5' DARRYL LEE and TAMMY HUTCHEON Part of Lots 28 and 29, Plan NS22 6180 Kalar Road Niagara Falls [2 T.OT 788'59R11WPART '. MATHER LECNnRD 'MLJAM ATHER GNENDOLYNE IRENE 272509000602600 8164 KALAR RD FROMTAoe 91.1Nn CITY OF NIAGARA FALLS By -law No. 2012- A by -law to authorize the execution of an Agreement of Purchase and Sale with Basil Sowinski and Dorothy Sowinski, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between Basil Sowinski and Dorothy Sowinski, as Vendor and The Corporation of the City of Niagara Falls, as Purchaser for the property described as Part of Lot 27, Plan NS22 being approximately 82 feet in width by 22 feet in depth, in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2012. November 13, 2012. November 13, 2012. AGREEMENT OF PURCHASE AND SALE PURCHASER, The Corporation of the City of Niagara Falls , agrees to purchase from VENDOR Basil Sowinski and Dorothy Sowinski , the following: REAL PROPERTY: Address Part of 6146 Kalar Road, and legally described as Part of Lot 27, Plan NS22, in the City of Niagara Falls in the Regional Municipality of Niagara, being approximately 82 feet in width by 22 feet in depth as shown hatched on Schedule "A" attached (the "property "). PURCHASE PRICE: Forty -Two Thousand and zero Dollars (CDN$42,000.00) DEPOSIT: Purchaser submits Four Thousand and Zero Dollars (CDN$4,000.00) cash or negotiable cheque payable to the Vendor upon acceptance to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. SCHEDULE(S) "A" and "B" attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N /A. 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4:30 p.m. on the 30th day of November , 2012 , after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on or before the 20th day of December 2012. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein. when transmitted electronically to that facsimile number. FAX NO. (905)- 374 -8546 (For delivery of notices to Vendor) FAX NO. (905) 371 -2892 (For delivery of notices to Purchaser) 7. HST: If this transaction is subject to Harmonized Sales Tax (H.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to H.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to H.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on or before the 10th day of December, 2012. (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (I) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use Residential R1D may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Page 1 of 7 Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges. liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser. Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. Page 2 of 7 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non - residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non - resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. Page 3 of 7 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this day of . 2012 IN WITNESS whereof ! have hereunto set my hand and seal: Purchaser: THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE James M. Diodati. Mayor DATE Dean lorfida, City Clerk I. the Undersigned Vendor. agree to the above Offer. 45 DATED AT Niagara Falls this 3J day of :IA -en. 2012 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: (Witness) ? DATE BASIL SOWINSKI DATE (Witness) DOROTHY SOWINSKI Page 4 of 7 47 CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at a.m. /p.m. this day of , 20 (Signature) ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE DATE (Vendor) Per: James M. Diodati, Mayor DATE DATE (Vendor) Per: Dean lorfida, Clerk Purchaser's Address for Service: The Corporation of the City of Niagara Falls, 4310 Queen St., P.O. Box 1023 Niagara Falls, Ontario. L2E 6X5 Tel. No. (905) 356 -7521 Purchaser's Lawyer: Kenneth L. Beaman Address: 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 FAX No. (905) 371 -2892 Vendor's Address for Service: 6146 Kalar Road Niagara Falls, ON L2H 1T3 Tel. No. 905 - 356 -4079 Vendor's Lawyer Kenneth B. Harris Address 4444 Drummond Road, Niagara Falls, ON L2E 6C6 Tel.No. (905)- 374 -2121 FAX No. (905)- 374 -8546 Page 5 of 7 SCHEDULE "A" PROPOSSi IDEWALK° 1.5m WIDE BIKE LANE PROP it LOT 28 RP 5981100:PART 1 ER LEONARD WILLIAM GNENDOLYNE IRENE ?509000602600 84 KALAR RD MINTAGE 0.3wn 1 82' SIDEWALK 82' BASIL and DOROTHY SOWINSKI Part of Lot 27, Plan NS22 6146 Kalar Road Niagara Falls ALTERNATIVE SIDE' TO SAVE TREES PNS22 LOT 28 SULLIVAN S IE PA AONESS ACORRIE— AN 27250900060280( 6130 KALAR RD MOAN, 24.11m SCHEDULE "B" A. The Purchase Price shown on Page 1 of this Agreement is comprised of the following: Land for road widening, disturbance and injurious affection 82 feet x 22 feet = 1,804.58 sq. ft. 1,804.58 sq.ft. @ $22.25/sq.ft. = $40,151.91 To sign offer - $1,848.09 Total Compensation = $42,000.00 B. The Purchaser will obtain, at its cost, a reference plan description of the Property to be transferred. C. The Purchaser will reimburse the Vendor for its reasonable legal fees incurred in connection with the Purchaser's acquisition of the Property, upon receipt of an itemized statement of account. Page 7 of 7 CITY OF NIAGARA FALLS By -law No. 2012- A by -law to authorize the execution of an Agreement of Purchase and Sale with Leonard Mather and Gwendolyne Mather, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between Leonard Mather and Gwendolyne Mather, as Vendor and The Corporation of the City of Niagara Falls, as Purchaser for the property described as Part of Lot 28, Plan NS22 being approximately 70 feet in width by 22 feet in depth, in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2012. November 13, 2012. November 13, 2012. AGREEMENT OF PURCHASE AND SALE PURCHASER, The Corporation of the City of Niagara Falls agrees to purchase from VENDOR, Leonard Mather and Gwendolyne Mather , the following: REAL PROPERTY: Address Part of 6164 Kalar Road, and legally described as Part of Lot 28, Plan NS22, in the City of Niagara Falls, in the Regional Municipality of Niagara, being approximately 70 feet in width by 22 feet in depth, as shown hatched on Schedule "A" attached (the "property"). PURCHASE PRICE: Thirty -Seven Thousand and zero - - -- Dollars (CDN$37,000.00) DEPOSIT: Purchaser submits Four Thousand and Zero - - -- Dollars (CDN$4,000.00) cash or negotiable cheque payable to the Vendor upon acceptance to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. SCHEDULE(S) "A" and "B" attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4:30 p.m. on the 30th day of November 2012 after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on or before the 20th day of December , 2012. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. (905)- 871 -3841 (For delivery of notices to Vendor) FAX NO. (905) 371 -2892 (For delivery of notices to Purchaser) 7. HST: If this transaction is subject to Harmonized Sales Tax (H.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to H.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to H.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on or before the 10th day of December, 2012. (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (I) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use Residential R1 D may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other govemmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Page 1 of 7 Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge/Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. Page 2 of 7 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge/Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer/Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non - residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non - resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. Page 3 of 7 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this day of 2012 IN WITNESS whereof I have hereunto set my hand and seal: Purchaser: THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE James M. Diodati, Mayor DATE Dean Iorfida, City Clerk I, the Undersigned Vendor, agree to the above Offer. DATED AT Niagara Falls this J day of 7-4)(A- f7BL -1 , 2012 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: (Witness) (Witness) DATE LEONARD MATHER GWENDOLYNE MATHER Page 4 of 7 DATE Nd U //l Z CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at a.m. /p.m. this day of , 20 (Signature) ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE DATE (Vendor) Per: James M. Diodati, Mayor DATE DATE (Vendor) Per: Dean Iodide, Clerk Purchaser's Address for Service: The Corporation of the City of Niagara Falls, 4310 Queen St., P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 Purchaser's Lawyer: Kenneth L. Beaman Address: 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 FAX No. (905) 371 -2892 Vendor's Address for Service: 6164 Kalar Road Niagara Falls, ON L2H 1T3 Tel. No. 905 - 356 -8237 Vendor's Lawyer Cameron Williams, Ruch & Williams Address 43 Jarvis Street, P.O. Box 8 Fort Erie, ON L2A 5M6 TeI.No. (905)- 871 -8711 FAX No. (905)- 871 -3841 Page 5 of 7 -1i SCHEDULE "A" PROPOS6IDEWALK 1.5m WIDE BIKE LANE EX;ST1NG EDGE OF ROAD ec. cc 7 F29;RP 5881100 PART DARRYL 4 TAMMY A ;?00602500 ALAR RD LEONARD and GWENDOLYNE MATHER Part of Lot 28, Plan NS22 6164 Kalar Road Niagara Falls PNS22 LOT 27 SOWNSKI BASIL SONINSKI DOROTHY —JEAN 272509000602700 6146 KALAR RD IROWPCE* 24.Wm SCHEDULE "B" A. The Purchase Price shown on Page 1 of this Agreement is comprised of the following: Land for road widening, disturbance and injurious affection 70 feet x 22 feet = 1,540.44 sq. ft. 1,540.44 sq.ft. @ $22.25/sq.ft. = $34,275.00 To sign offer - $2,725.00 Total Compensation = $37,000.00 B. The Purchaser will obtain, at its cost, a reference plan description of the Property to be transferred. C. The Purchaser will reimburse the Vendor for its reasonable legal fees incurred in connection with the Purchaser's acquisition of the Property, upon receipt of an itemized statement of account. Page 7 of 7 CITY OF NIAGARA FALLS By -law No. 2012- A by -law to authorize the execution of an Agreement of Purchase and Sale with Thomas Gordon Johnson, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between Thomas Gordon Johnson, as Vendor and The Corporation of the City of Niagara Falls, as Purchaser for the property described as Part of Lot 22, Plan NS22 being approximately 81.75 feet in width by 22 feet in depth, in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2012. November 13, 2012. November 13, 2012. AGREEMENT OF PURCHASE AND SALE PURCHASER, The Corporation of the City of Niagara Falls agrees to purchase from VENDOR, Thomas Gordon Johnson , the following: REAL PROPERTY: Address Part of 6066 Kalar Roadt and legally described as Part of Lot 22, Plan NS22, in the City of Niagara Falls, in the Regional Municipality of Niagara, being approximately 81.75 feet in width by 22 feet in depth, as shown hatched on Schedule "A" attached (the "property"). Stx (.v PURCHASE PRICE: Forty -Four Thousand -F- Hundred and zero Dollars (CDN$44/00.00) DEPOSIT: Purchaser submits Four Thousand and Zero Dollars (CDN$4,000.00) cash or negotiable cheque payable to the Vendor upon acceptance to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. SCHEDULE(S) "A" and "B" attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4:30 p.m. on the 30th day of November , 2012 , after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on or before the 20th day of December , 2012. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. (905)- 374 -8546 (For delivery of notices to Vendor) FAX NO. (905) 371 -2892 (For delivery of notices to Purchaser) 7. HST: If this transaction is subject to Harmonized Sales Tax (H.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to H.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to H.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on or before the 10th day of December, 2012. (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (I) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use Residential R1 D may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Page 1 of 7 Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. Page 2 of 7 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non - residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non- resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. Page 3 of 7 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this day of , 2012 IN WITNESS whereof I have hereunto set my hand and seal: Purchaser: THE CORPORATION OF THE CITY OF NIAGARA FALLS James M. Diodati, Mayor Dean lorfida, City Clerk DATE DATE I, the Undersigned Vendor, agree to the above Offer. DATED AT Niagara Falls this ?1 day of SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: 2012 (Witness) THOMAS GORDON •HNSON Page4of7 DATE CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at a.m. /p.m. this day of , 20 (Signature) ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE DATE (Vendor) Per: James M. Diodati, Mayor DATE DATE (Vendor) Per: Dean lorfida, Clerk Purchaser's Address for Service: The Corporation of the City of Niagara Falls, 4310 Queen St., P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 Purchaser's Lawyer: Kenneth L. Beaman Address: 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 FAX No. (905) 371 -2892 Vendor's Address for Service: 6066 Kalar Road Niagara Falls, ON L2H 1T3 Tel. No. 289 - 241 -3621 Vendor's Lawyer Kenneth B. Harris Address 4444 Drummond Road, Niagara Falls, ON L2E 6C6 Tel.No. (905)- 374 -2121 FAX No. (905)- 374 -8546 Page 5 of 7 OPOSED SID ALK 1332:11S 3ION` SCHEDULE "A" STANFORD PT LOT 133 NIAGARA FALLS art 27251000061000( KALAR RD SMOKE: 1622rn 4310 QUEEN ST PO 000 1023 904 NAM 005 L2E NIAGARA FALLS, 1447, CANADA 1 FX!ST1NG ECU OF ROAD TsnNG LDGL .WWIDEBIKEIDVSIE- 81.75' — VE SIDEWALK REES s ez Lof 2 k- CQC 81.75' THOMAS GORDON JOHNSON Part of Lot 22, Plan NS22 6066 Kalar Road Niagara Falls PLAN N822 LOT 21 O'CONNOR BARRY PATRICK O'CONNOR DEBORAH LEE 272509000603300 6050 KALAR RD ROSHACIS 22.311. 6050 MAR RD 1244 173 NIAGARA FALLS. ON, GANAOA .v. 31na3H DS SCHEDULE "B" A. The Purchase Price shown on Page 1 of this Agreement is comprised of the following: Land for road widening, disturbance and injurious affection 81.75 feet x 22 feet = 1798.77 sq. ft. 1798.77 sq.ft. @ $22.25/sq.ft. _ $40,022.00 Reinstatement of sprinkler irrigation system - $368-80 >S•10. 0 0 To sign offer - $4,000.00 SIZ Co Total Compensation = $44,322.00, Rounded to $44/%0.00 B. The Purchaser will obtain, at its cost, a reference plan description of the Property to be transferred. C. The Purchaser will reimburse the Vendor for its reasonable legal fees incurred in connection with the Purchaser's acquisition of the Property, upon receipt of an itemized statement of account. D. The Purchaser will remove the 7 spruce trees located between the circular driveway and the municipal sidewalk. Page 7 of 7 CITY OF NIAGARA FALLS By -law No. 2012- A by -law to authorize the execution of an Agreement of Purchase and Sale with Todd Overall and Debbie Overall, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between Todd Overall and Debbie Overall, as Vendor and The Corporation of the City of Niagara Falls, as Purchaser for the property described as part of Lot 23, Plan NS22 being approximately 81.75 feet in width by 22 feet in depth, in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2012. November 13, 2012. November 13, 2012. AGREEMENT OF PURCHASE AND SALE PURCHASER, The Corporation of the City of Niagara Falls , agrees to purchase from VENDOR Todd Overall and Debbie Overall , the following: REAL PROPERTY: Address Part of 6082 Kalar Road and legally described as Part of Lot 23, Plan NS22L in the City of Niagara Falls, in the Regional Municipality of Niagara, being approximately 81.75 feet in width by 22 feet in depth, as shown hatched on Schedule "A" attached (the "property "). PURCHASE PRICE: Forty Thousand and zero Dollars (CDN$40,000.00) DEPOSIT: Purchaser submits Four Thousand and Zero Dollars (CDN$4,000.00) cash or negotiable cheque payable to the Vendor upon acceptance to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. SCHEDULE(S) "A" and "B" attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4:30 p.m. on the 30th day of November 2012 after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on or before the 20th day of December , 2012. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. (905)- (For delivery of notices to Vendor) FAX NO. (905) 371 -2892 (For delivery of notices to Purchaser) 7. HST: If this transaction is subject to Harmonized Sales Tax (H.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to H.S.T., Vendor agrees to provide on or before dosing, a certificate that the transaction is not subject to H.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on or before the 10th day of December, 2012. (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (I) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use Residential R1 D may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Page 1 of 7 Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser- is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. Page 2 of 7 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge/Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non - residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non - resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. Page 3 of 7 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this _day of , 2012 IN WITNESS whereof I have hereunto set my hand and seal: Purchaser: THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE James M. Diodati, Mayor Dean Iorfida, City Clerk DATE I, the Undersigned Vendor, agree to the above Offer. CIL DATED AT Niagara Falls this ZG� day of 2012 SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: (Witness) (Witness) rw� / ' f r 'DATE ()CT ZCsi /Z- TODD OVERALL �i.c u ECG' U �J�e cc�Y DATE U:'c -d ZU// Z DEBBIE OVERALL Page 4 of 7 CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at a.m. /p.m. this day of , 20 (Signature) ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. DATE (Vendor) Per: James M. Diodati, Mayor THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE DATE (Vendor) Per: Dean Iorfida, Clerk DATE Purchaser's Address for Service: The Corporation of the City of Niagara Falls, 4310 Queen St., P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 Purchaser's Lawyer: Kenneth L. Beaman Address: 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 FAX No. (905) 371 -2892 Vendor's Address for Service: 6082 Kalar Road Niagara Falls, ON L2H 1T3 Tel. No. (905) 358 -0315 Vendor's Lawyer Brian Sinclair Address 6617 Drummond Road, Niagara Falls, ON L2G 4N4 TeI.No. (905)- 356 -7755 FAX No. (905)- Page 5 of 7 SCHEDULE "A" 13a11S 3IONV SL EP EXISTING E. EX. EA' EXISTING V I : Ji1 1...61 24. Voter kna orrute ALTERNATIVE SIDEWALK TO SAVE TREES TODD and DEBBIE OVERALL Part of Lot 23, Plan NS22 6082 Kalar Road Niagara Falls pL6, Lof 24472n, SCHEDULE "B" A. The Purchase Price shown on Page 1 of this Agreement is comprised of the following: Land for road widening, disturbance and injurious affection 81.75 feet x 22 feet = 1798.77 sq. ft. 1798.77 sq.ft. @ $22.25/sq.ft. = $40,022, rounded to $40,000.00 B. The Purchaser will obtain, at its cost, a reference plan description of the Property to be transferred. C. The Purchaser will reimburse the Vendor for its reasonable legal fees incurred in connection with the Purchaser's acquisition of the Property, upon receipt of an itemized statement of account. D. The Vendor agrees to pay any outstanding property taxes, out of the closing funds, as an adjustment upon closing. Page 7 of 7 THE CORPORATION OF THE CITY OF NIAGARA FALLS BY -LAW Number 2012 - A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking and traffic on City Roads. (Stopping Prohibited, Through Highways, Stop Signs at Intersections) The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows: 1. By -law No. 89 -2000, as amended, is hereby further amended (1) by removing from the specified columns of Schedule N thereto the following item: THROUGH HIGHWAYS COLUMN 1 COLUMN 2 HIGHWAY BETWEEN Dixon St. West limit of Stanley Ave. and the east limit of Orchard Ave. (2) by removing from the specified columns of Schedule A thereto the following item: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 HIGHWAY SIDE BETWEEN TIMES OR DAYS Dixon Street Both Stanley Avenue and Level Avenue At all times Tow Away Zone (3) -2- by adding to the specified columns of Schedule A thereto the following items: STOPPING PROHIBITED COLUMN 1 COLUMN 2 COLUMN 3 HIGHWAY SIDE BETWEEN COLUMN 4 TIMES OR DAYS Dixon Street Both Stanley Avenue and Allendale Avenue At All Times Tow Away Zone Dixon Street Both Level Avenue and Cleveland Avenue At All Times Tow Away Zone (4) by adding to the specified columns of Schedule P thereto the following item: STOP SIGNS AT INTERSECTIONS COLUMN 1 COLUMN 2 INTERSECTION FACING TRAFFIC Dixon Street & Level Avenue Northbound on Level Avenue This By -law shall come into force when the appropriate signs are installed or removed. Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2012 November 13, 2012 November 13, 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 79 -200, to permit two apartment dwellings on the Lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following regulations shall be the regulations governing the permitted uses on and of the Lands. 4. The regulations governing the permitted uses shall be: (a) Maximum lot area 200 square metres for each dwelling unit (b) Minimum interior side yard width 5.3 metres (c) Minimum exterior side yard width 5.3 metres (d) Maximum lot coverage 36% (e) Maximum height of building or 15 metres subject to section 4.7 of structure By -law No. 79 -200 (f) Maximum number of apartment 2 dwellings on one lot (g) Minimum number of parking spaces 1.25 parking spaces for each dwelling unit (h) Minimum landscaped open space 43% of the lot area coverage (i) The balance of regulations specified for an R5C use -2- 5. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 6. No person shall use the Lands for a use that is not a permitted use. 7. No person shall use the Lands in a manner that is contrary to the regulations. 8. The provisions of this by -law shall be shown on Sheet B6 of Schedule "A" of By -law No. 79- 200 by redesignating the lands from DH to R5C and numbered 970. 9. Section 20 of By -law No. 79 -200 is amended by adding thereto: 20.1.970 Refer to By -law No. 2012 - Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2012 November 13, 2012 November 13, 2012 S:\ ZONING \AMS\2012\By- laws\Byam007.wpd SCHEDULE 1 TO BY -LAW No. 2012- Subject Land r 1.13m 100.58m CD N s 1: NTS Amending Zoning By -law No. 79 -200 Description: Pt Twp Lts 180 & 185 Stamford, Being Pt 1 59R14505 & Pt 3 59R14634; City Of Niagara Falls Applicant: 2124484 Ontario Ltd. Assessment #: 2725110002047000000 C: \Users \cd023 \Desktop\AM - 2012 - 007 \Zoning.map AM- 2012 -007 October 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to provide for the adoption of Amendment No. 106 to the City of Niagara Falls Official Plan. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS, IN ACCORDANCE WITH THE PLANNING ACT, 1990, AND THE REGIONAL MUNICIPALITY OF NIAGARA ACT, HEREBY ENACT AS FOLLOWS: 1. The attached text and maps constituting Amendment No. 106 to the City of Niagara Falls Official Plan is hereby adopted. Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2012 November 13, 2012 November 13, 2012 S:\OFFICIAL.PLN\AMEND\# 106 - Urban Area Boundary Expansion\BY- LAW.wpd PART 2 - BODY OF THE AMENDMENT All of this part of the document entitled PART 2 - BODY OF THE AMENDMENT, consisting of the following text and attached map, constitute Amendment No. 106 to the Official Plan of the City of Niagara Falls. DETAILS OF THE AMENDMENT The Official Plan of the City of Niagara Falls is hereby amended as follows: 1. MAP CHANGE i) The area as shown on the map attached entitled Map 1 to Official Plan Amendment No. 106 shall be included within the Urban Area Boundary on Schedule A to the Official Plan and shall be labelled "Gateway North Secondary Plan Area ". ii) The area shall be included on Schedule "A2" to Official Plan Amendment No. 94, labeled as Gateway North Secondary Plan Area, as shown on the map attached as Map 2 to Official Plan Amendment No. 106. ii) A new "Schedule A -4 - Gateway North Secondary Plan Area" attached as Map 3 to Official Plan Amendment No. 106 is added. iii) The area shall be included on Schedule "B" to the Official Plan, labeled as Map 4, Gateway North Secondary Plan Area, as shown on the map attached as Map 3 to Official Plan Amendment No. 106. iv) The area shall be included on Schedule "B" to Official Plan Amendment No. 94, labeled as Phase 2, as shown on the map attached as Map 5 to Official Plan Amendment No. 106. 2. TEXT CHANGE i) A new PART 5 SECONDARY PLANS, SECTION 2 - GATEWAY NORTH SECONDARY PLAN AREA is to be added as follows: "PART 5 SECONDARY PLANS SECTION 2 GATEWAY NORTH SECONDARY PLAN AREA The Gateway North Secondary Plan Area applies to approximately 75 hectares of land located on the south side of Mountain Road, west of Montrose Road, east of Kalar Road and north of the Hydro corridor as shown on Schedule A-4 of this Plan. 2. The Gateway North Secondary Plan Area shall be prepared in accordance with the secondary plan policies of this Plan and shall include, but not be limited to: - 2 - • a vision for the development as a complete community; • a comprehensive land use strategy incorporating a mix of housing types and densities, commercial facilities, employment areas and parks /open space. • the protection of natural heritage features • a comprehensive servicing strategy and sustainable transportation network. 3. Further, the Gateway North Secondary Plan shall be subject to the policies of PART 2, Section 1.16 of this Official Plan, as amended by Official Plan Amendment No. 94, and be developed at a density of 53 people and jobs per hectare. 4. Specific studies required through the Secondary Plan process may include, and are not limited to, the following: • a constraints analysis for natural heritage; • a servicing study; • a transportation impact study; and • a noise study. 5. In advance of approval of the secondary plan, development on the lands within the Gateway North Secondary Plan Area shall be limited to current zoning provisions." MAP 1 TO AMENDMENT NO. 106 SCHEDULE - A - TO THE OFFICIAL PLAN Area Affected by this Amendment & Lands to be Included in the Urban Area Boundary 1 'P Gateway North Secondary Plan Area see Schedule A -4 4EDRAL :DR:. 0 WESTMINSTER'S CITY OF NIAGARA FALLS OFFICIAL PLAN EXCERPT FROM SCHEDULE - A - FUTURE LAND USE PLAN ENVIRONMENTAL PROTECTION AREA L J RESIDENTIAL GOOD GENERAL AGRICULTURE'- TOURIST COMMERCIAL 1 NIAGARA ESCARPMENT PLAN AREA NOTE: This schedule forms part of Amendment No 106 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. K: \GIS_Rcquests\ ?004 \Schcdulcs\LonmgAM AM- 30 \mappmy.map N W - -_. E S 1:11,000 AM- 30/2004 October 2012 MAP 3 TO AMMENDMENT NO. 106 SCHEDULE - A -4 - TO THE OFFICIAL PLAN Gateway North Secondary Plan Area 1 1 1 1 1 1 1_ i l' i `�MOUNTvCARMEt ' L -- aISNOQ' 0N L EDRA- -DR___. — --- Ui -- —J WESTMINSTER74 Gateway Secondary Plan 1:9,500 NOTE: This schedule forms part of Ammendment No. 106 to the Official Plan for the City of Niagara Falls and it must be read in conjunction with the written text. K: \Mc Reouests \2004\ Schedules \ZonineAM\AM- 30 \maooino.mao N W = E S October 2012 LEGEND: PHASING OF DEVELOPMENT �7 Existing Municipal Service Area (7 Gateway North Secondary Area South West Service Area Cj Grassy Brook Service Area Chippawa Service Area Long Term Municipal Service Area LUCK RD mos REVISIONS DEF # 11 MARSHALL LE RD_ DyoeR Rn ,_� LLE R_ BAKER R K: \ Source0ataShapeS \OP \Olficial_Plan. map October 2012 NOTE: THIS MAP REPRESENTS A PHASING SCHEDULE FOR FUTURE DEVELOPMENT AND I5 DIRECTLY RELATED TO THE EXPANSION OF MUNICIPAL SEWER AND WATER SERVICES PLANNING & DEVELOPMENT DIVISION SCALE 1 60,000 BFq` ➢ ^4�1 I+ '\n \ \I l -1 II i` i„,(///,...g.. -a dll 1� it 'W • 'ei RDnMS ao z... i� \--- --7-- ,,, ! in \I r1, ,t' r t ` 'r ,- 1, }tril it /. 6 ,-.', f, w x ' _ ,: w,.. �, �__,_,_,,, '1,ROBERTS S7 .K / fi \� ; 0:•;,, - azoPwr ) r R 'h" '� �� _MOUNTAIN,RD a 0 4,1 to �� ! ilim r, y w r I, 4 '� - - _�.�N {r��T ��+� d i 'i ,. 1 ,� �i7.! ,, I if --_'� V i.�� h u �..� t1 1 �'l �.,�`' ��`�� " __��1 Vinro�nll� - o r u C \, ° i I �� _ �I L, - 1 ��r l'f' 11 ,LL / ---h _ It �� '� 1` 'r tii �� V� �� r 1� DRAFT s.+,m ,LUNDV 1, LANE . -v a1k,; ,r- 1 e 1 II _e 1 llrER'RV 5T(:, v�r ;r ,�t� L �� x o '' �;,, o r 1 ` EE SCHEDULE .m m ' Ir 1 11 �(� i .n t� r" I �IA .__..,..`..� . - \ H� \', . �:__. ...''I4 m 1 , 1 m , ,_ r o of the I I --_1• ,. I t, (' 11 1 ti„ x 1 .� � '1 � I� ,-1 Ili. 1,- ��, � �I �. if t l 1 II. ; ) 1 t�, r r f� rK: 1( \� ...„........--4K 4, t �t OFFICIAL PLAN - h ?= <;__..,._ : �_ 4 r f 111 it < :F It I.oi'I ��P :ID,. .fir II ��, �I �I �I 1 1, I r r to II, PHASING OF 1 ( N D � l IA }" '� !1 i- It,. , 1 I( Il lh t C `I'. �r.!%7 4�1 ��I �, h I," ��r �� ',,,41--1,--,,--- ,1, ;yT.�1� �� it II�� ` DEVELOPMENT • . i' ,f - (, ,..�s. ! i I.' 1 - i-` t �� n �: / r I j1 �� ! J. 4( �I II1 t l � I ai 1 *d4 ,.�, r -�I�, tl 1 :i III �! 1, I4 1 MCLEOD RD 1 Mq '� J 1 3 .1 it �- I N L fi.._. If_ RiN6 '•,..„ �' N /AG m � ( al p S t s aI - ,I;..ty <a r_ , t �I r �I ;� )�. ,,I g,� Ma 5 to Amendment #106 is r^ � l n ° PKWY o 1 �j ��r ▪ P�Rr� �I°o s :; AGFRD r u It it ti 1 r 1 1r J LJ E It , V w r _ $ A •'« 'Ak.,. L r oVi.. t. > y , t f W LCK RD � l F �� c0 h � _ .. � eaok RD l �I n G ' `� `_ URasv'o I lI � REI%INGER RD ' ' - ll.y-- _ "-- GRASS> RROCT r .� �. '5 P - __ li II c �C I' O" 1. 1 i RIXINGER� RD. -10 I 11 . � J E I . Ec.. W aN t iIoen W �i i .� - 1 �i l II i �� /- r� Phase9 _BI ---- RD t _ LOGAN RD t r /, _ _ Existing Municipal Service Area - a9)11• �� 11II --., _ _- I� _ _ � 1 • 1 ill __J Phdse2 11'. 11111,„_—_,.-- �. r _�I I� MILLER RD �_�.�. _ iii o w u ;A 1 „-'' _ -. --- t _ nil - 11. , 111 ©Phase 3 I 'l MARSHAL RD I,o ':' ��1� - 1, L.- Phase 9 I, r ( __"L_, Road Urban Area Boundary REPRESENTS A PHASING SCHEDULE FOR THE FUTURE SERVICING ORF URBAN LA-NDS FOR DEVELOPMENT ,� r---- - �� NOTE: . II THIS MAP REP II , n October 2012 K. Isourceoate \shapes \orAsueuds Drag. map THOROLD TOWNLINE RD DORCHESTER RD __ CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to amend By -law No. 79 -200, to permit a three unit on street townhouse dwelling on the Lands. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The Lands that are the subject of and affected by the provisions of this by -law are described in Schedule 1 of this by -law and shall be referred to in this by -law as the "Lands ". Schedule 1 is a part of this by -law. 2. The purpose of this by -law is to amend the provisions of By -law No. 79 -200, to permit the use of the Lands in a manner that would otherwise be prohibited by that by -law. In the case of any conflict between a specific provision of this by -law and any existing provision of By -law No. 79 -200, the provisions of this by -law are to prevail. 3. Notwithstanding any provision of By -law No. 79 -200 to the contrary, the following regulations shall be the regulations governing an on street townhouse dwelling on the Lands. 4. The regulations shall be: (a) Minimum lot area 260 square metres for each dwelling unit (b) Front lot line Reilly Street (c) Minimum front yard depth (i) for any part of the dwelling 3 metres (ii) for any part of a private garage 6 metres with access from the front lot line (d) Minimum rear yard depth 6 metres (e) Minimum interior side yard width 1.8 metres (f) Minimum exterior side yard width 6 metres (g) Minimum number of parking spaces 2 parking spaces for each dwelling unit, which may be provided in tandem (h) Maximum width of driveway or parking 50% of the lot frontage area in the front yard -2- (i) The balance of regulations specified for an R3 use 5. All other applicable regulations set out in By -law No. 79 -200 shall continue to apply to govern the permitted uses on the Lands, with all necessary changes in detail. 6. No person shall use the Lands for a use that is not a permitted use. 7. No person shall use the Lands in a manner that is contrary to the regulations. 8. The provisions of this by -law shall be shown on Sheet D6 of Schedule "A" of By -law No. 79- 200 by redesignating the Lands from R2 to R3 and numbered 971. 9. Section 20 of By -law No. 79 -200 is amended by adding thereto: 20.1.971 Refer to By -law No. 2012- Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2012 November 13, 2012 November 13, 2012 S: \ZONING\AMS \2012\By -I aws\Byam011. wpd SCHEDULE 1 TO BY -LAW No. 2012- Subject Land W/ Amending Zoning By -law No. 79 -200 Description: Lt 124 S/S Chippawa St PI 251. Village Of Chippawa; Niagara Falls Applicant: New City Properties Inc. Assessment #: 272512000803200 H: \Zoning.map AM- 2012 -011 October 2012 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the execution of an Extension Agreement with 1077500 Ontario Inc. (Tonn Hui Yi) respecting a tax obligation. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An agreement made between 1077500 Ontario Inc. (Tonn Hui Yi) and the Corporation of the City of Niagara Falls, respecting tax obligations for the property at 5951 Clark Avenue, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seat thereto and to deliver the said Agreement. Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: November 13, 2012. Second Reading: November 13, 2012. Third Reading November 13, 2012. EXTENSION AGREEMENT THIS AGREEMENT made this 13th day ofNovember, 2012. BETWEEN: The Corporation of the City ofNiagara Falls (Hereinafter called the "Corporation ") OF THE FIRST PART; - and - 1077500 Ontario Inc. (Tonn Hui Yi) (Hereinafter called the "Owner ") OF THE SECOND PART; WHEREAS the Owner is the owner of the land in the City of Niagara Falls Described in Schedule "A" attached hereto and forming part of this Agreement; AND WHEREAS the Owner's land is in arrears of taxes on the 314 day of December, 2011 in the amount of $223,181.19 and a tax arrears certificate was registered in the Land Registry or Land Titles Office on the 5th day of January, 2012 in respect of the Owner's land; AND WHEREAS Section 378 of the Municipal Act, 2001 provides that after the registration of a tax arrears certificate and before the expiry of one (I) year following the date of the registration of the tax arrears certificate, a Municipality or Board may by by -law authorize an extension agreement with the Owner of the land, in occupation of such land to extend the period of time in which the cancellation price in respect to the Owner's land is to be paid; AND WHEREAS the period during which there is a subsisting extension agreement shall not be counted by the Treasurer in calculating the periods mentioned in sub- section 379(1) of the Municipal Act, 2001; AND WHEREAS the execution of this agreement was authorized by by -law 2010- 140 of the City ofNiagara Falls; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the covenants and obligations hereinafter contained, it is hereby agreed as follows: 1. The Corporation will extend to June 30, 2013 the payment period for the cancellation price payable in respect ofthe land. 2. The Owner will make payments to the Corporation in accordance with Schedule "B" attached hereto. 3. In addition to paying the amounts provided for in paragraph 2, the Owner agrees to pay: a. all further taxes Ievied on the land as they become due and payable during the term of this Agreement; and b. not later than 14 days following the due date of the last payment under paragraph 2, such additional amount, if any, as is necessary to bring the total amount paid under this Agreement up to the amount of the cancellation price payable in respect of the land. 4. Notwithstanding any ofthe provisions of this Agreement, the Municipal Act, 2001 as amended, shall continue to apply to the collection and enforcement of all tax arrears and all taxes except that the Treasurer and the Tax Collector of the Corporation, without waiving the statutory rights and powers of the municipality or of the Treasurer, shall not enforce collections of such tax payments, except as set out in paragraph 2 and 3, during the time this Agreement is in force so long as the Owner is not in default hereunder. 5. the event the Owner defaults in any payments required by this Agreement, this Agreement upon notice being given to the Owner by the Corporation, shall be terminated and the Owner shall be placed in the position he or she was before this Agreement was entered into. In the event ofa default, this Agreement shall cease to be considered a subsisting agreement on the day that the notice of termination is sent to the Owner. 6. Immediately upon the Owner or any other person making all the payments required under paragraphs 2 and 3, this Agreement shall be terminated and, the Treasurer shall forthwith register a tax arrears cancellation certificate in respect ofthe said lands. 7. Notwithstanding the provisions of paragraphs 2 and 3, the Owner and any other person may at any time pay the balance of the cancellation price upon receipt of the aforesaid payment by the Corporation, this Agreement shall terminate and the Treasurer shall forthwith register a tax arrears cancellation certificate. 8. This Agreement shall cease to be considered a subsisting Agreement upon the date of the sale or other disposition of the land. 9. if any paragraph or part of paragraphs in this Agreement is determined by a eourt or tribunal of competent jurisdiction to be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and the remaining provisions of the Agreement shall remain in force and effect and shall be binding upon the Parties hereto as though the said paragraph or paragraphs or part or parts of paragraphs had never been included. 10. Any notice required to be given to the Owner hereunder shall be sufficiently given if sent by registered mail to the Owner at the following address: c/o William Samis, 30 St. Clair Avenue West, 10th Floor, Toronto, Ontario, M4V 3A1 IN WITNESS WHEREOF the Owner has hereunto set his hand and seal and the Corporation has caused its corporate seal to be hereunto affixed and attested to by its proper signing officers in that behalf. THE CORPORATION OF THE CITY OF NIAGARA FALLS James M. Diodati, Mayor Dean Iorfida, City Clerk Signed at The City of Niagara Falls this 13th day of November, 2012. t 0'r _Coo D o i 0 (.0 e-- . flik/rgr Witness ?E z. Signature of Owner Schedule "A" DESCRIPTION OF THE LAND: LEGAL DESCRIPTION Property identification Number Roll Number 27 25 030 008 08000 0000 Plan 173 PT lots 9, 11, 13, 15, 01,18 Lots 12, 14, 16, NP 266 RP59R 4212 Parts 2, 3, 4 Property Location 5951 Clark Avenue Niagara Palls, Ontario L2G 3W3 Schedule "B" TO EXTENSION AGREEMENT PAYMENTS REQUIRED UNDER EXTENSION AGREEMENT: $100,000.00 November 14, 2012 $25,000.00 December 31, 2012 $25,000.00 March 31, 2013 Balance June 30, 2013 CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to authorize the execution of lease agreement with the Stamford Centre Volunteer Firemen's Association (SCVFA) respecting leased portions of land within Firemen's Park for the purpose of a dog park and a youth complex. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A lease agreement made between the Stamford Centre Volunteer Firemen's Association (SCVFA), as Lessor, and the Corporation of the City of Niagara Falls, as Lessee, respecting use of portions of land within Firemen's Park for the purpose of a dog park and a youth complex, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Agreement. Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2012 November 13, 2012 November 13, 2012 THIS INDENTURE made this 1' day of April, 2012. IN PURSUANCE OF THE SHORT FORMS OF LEASES ACT, R.S.O. 1990. BETWEEN: THE STAMFORD CENTRE VOLUNTEER FIREMEN'S ASSOCIATION, also known as STAMFORD CENTRE VOLUNTEER FIREMEN'S ASSOCIATION Hereinafter referred to as the "Lessor" r Munirip. -! Works Scarped File: Q c)-303 OF THE FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Lessee" OF THE SECOND PART. WHEREAS the Lessor owns certain lands in the City of Niagara Falls, municipally known as Firemen's Park and more particularly described in Schedule "A" attached hereto ( "Lessor's Lands "); AND WHEREAS the Lessee is desirous of leasing a portion of the Lessor's Lands, as more particularly described in Schedule "B" attached hereto ( "Dog Park Area "), for the purpose of a leash free dog park ( "Dog Park "); AND WHEREAS the Lessee is desirous of leasing a portion of the Lessor's Lands, as more particularly described in Schedule "C" attached hereto ( "Youth Complex Area "), for the purpose of a youth activity complex ( "Youth Complex "); AND WHEREAS a Site Plan of both the Dog Park Area and Youth Complex Area (collectively "Demised Areas ") is attached hereto as Schedule "D "; AND WHEREAS the Lessor's Lands have, historically, been used for civic events such as the Annual Easter Egg Hunt, Twilight Tuesdays, Blues in the Park and the Annual Fall Fair and both the Lessor and Lessee wish to continue this historical use of the Lessor's Lands; 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 the "Demised Areas". 1.02 TO HAVE AND TO HOLD the Demised Areas for and during the term of 20 years to be computed from the 1st day of April, 2012 (the "Lease Commencement Day ") and from thenceforth -2- next ensuing and fully to be complete and ended on the 31St day of March, 2032. 1.03 YIELDING AND PAYING therefor during the said term unto the Lessor, its successors and assigns without deduction or offset, annual rent in the amount of TWO DOLLARS ($2.00), payable in advance commencing on the 1St day of April, 2012 and annually thereafter on the anniversary of the Lease Commencement Day in each and every year, up to the year 2031. 1.04 In addition to the annual rent, the Lessee shall pay to the Lessor an annual fee for the service of maintaining the Lessor's Lands in accordance with the City's standard for recreational facilities, as follows: (a) For the first year of the term, the sum of FOURTEEN THOUSAND AND FOUR HUNDRED DOLLARS ($14,400.00), payable in equal monthly instalments of ONE THOUSAND AND TWO HUNDRED DOLLARS ($1,200.00), together with HST payable on said rent in the amount of ONE HUNDRED AND FIFTY - SIX DOLLARS ($156.00) commencing on the 1' day of April, 2012 and monthly thereafter in each and every month up to and including the 1' day of March, 2013; and (b) For the balance of the term, the amount paid by the Lessee shall increase by an amount defined as the percentage increase of the Consumer Price Index for Ontario as of March of each year and shall be payable on the same terms and conditions as set out in paragraph 1.04(a) above. The fee described in this paragraph shall be known in this Lease Agreement as the "Fee for Service ". 1.05 PROVIDED THAT the Lessee duly and regularly and punctually pays the rent and all other sums payable and observes and performs every covenant and proviso herein contained and is not in default under any of the terms contained in this Lease Agreement, the Lessor shall, upon the written request of the Lessee given to the Lessor not more than six (6) months and not less than three (3) months prior to the expiration of the original term of this Lease Agreement grant to the Lessee, a renewal of this Lease Agreement for a further term of 10 years on the same terms and conditions, save and except for the rent payable and any further renewals, which shall be negotiated reasonably by the parties hereto. LESSEE'S COVENANTS: 2.01 THE LESSEE COVENANTS WITH THE LESSOR: (a) To pay rent. (b) To pay all taxes, rates, charges, licence fees and Harmonized Sales Tax (HST) which may be assessed or imposed on the Lessee in respect of the rents, personal property, fixtures, business or income of the Lessee. (c) To pay all realty, municipal, school and local improvement taxes which may be -3- assessed against the Demised Areas. (d) To keep the Demised Areas and every part thereof in a clean and tidy condition and not permit waste paper, garbage, ashes or waste or other objectionable material to accumulate thereon. (e) (0 (g) To use the Dog Park Area for the purposes only of a Dog Park. To use the Youth Complex Area for the purposes only of a Youth Complex. To undertake grass cutting, which will include a 1 m wide cut around the outside perimeter of the fence line, and trimming and edging on the Dog Park Area in accordance with the Lessee's regular grass cutting, trimming and edging schedule for City parks. (h) To undertake grass cutting, trimming and edging on the Youth Complex Area in accordance with the Lessee's regular grass cutting, trimming and edging schedule for City parks. (i) To undertake, during the year 2012, the application of a double surface treatment upon the gravel surfaced roadway and parking areas used in conjunction with the Dog Park Area and located on the Lessor's Lands. (j) To construct and maintain all works within the Demised Areas required for drainage of surface water including, connections to storm and sanitary sewers, relocation of pipes, drains, catch basins and other works that may be required for the proper drainage of the Demised Areas. (k) To supply, install and maintain signage at the entrance to the Lessor's Lands, specifically with respect to the Dog Park Area being a leash free dog park. (1) To supply and install, during the year 2012, at a location to be determined within the Lessor's Lands, a covered shelter on a concrete pad measuring 8.5m by 4.5m., as a replacement to the existing shelter. (m) To undertake snow removal to allow access to the Dog Park Area and the parking areas used in conjunction with the Dog Park Area and located on the Lessor's lands. (n) To maintain, keep and repair, at the standard of a reasonable owner, all of the Demised Areas and every part thereof. AND if the Lessee shall fail to make the necessary repairs in the manner hereinbefore described, after due notice, then it shall be lawful for the Lessor and its agents, servants and employees to enter the said Demised Areas and have the same repaired in a proper manner and to render a reasonable account for such repairs to the Lessee and the Lessor shall have the same remedies to enforce payment thereof as the Lessor has in respect of arrears of rent. -4- (o) To abide by and comply with all lawful statutes, by -laws, rules and regulations of every parliamentary, municipal or other authority which in any manner relates to or affects the Demised Areas by reason of the tenancy of the Lessee; and to put the said premises in such state of repair as to comply with the said statutes, by -laws, rules and regulations and to indemnify and save harmless the Lessor from any penalty, costs, charges or damages to which the said Lessor may be put or suffer by reason of having to alter the said premises to conform with any such statute, by -laws, rules or regulations by reason of the tenancy of the Lessee. (p) (q) To ensure that nothing is done or kept at or on the Demised Areas which is or may be a nuisance, or which causes damage or interference with normal usage of any adjoining property, provided that the use referred to in paragraph 2.01(e) hereof and the vehicles, supplies and equipment necessarily incidental thereto, shall not be deemed to be, in and of themselves, a nuisance. That upon termination of the tenancy, at its own risk and expense, to remove from the Demised Areas, within 60 days, any fixtures and chattels belonging to the Lessee, with all damage, if any, caused by such removal made good by the Lessee and to leave the Demised Areas neat, clean, level and free of all waste material, debris and rubbish. (r) 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 Areas 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 said coverage in a form satisfactory to it; such policy to include the Lessor as an additional insured. Such Certificate shall contain an endorsement indicating that the insurer agrees to provide at least thirty (30) days prior written notice by registered mail to the Lessor in the event of cancellation, change or lapse of such policy. 2.02 The Lessee shall not assign or sublet the whole or any portion of the Demised Areas without the consent of the Lessor in writing first had and obtained, which 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. LESSOR'S COVENANTS: 3.01 THE LESSOR COVENANTS WITH THE LESSEE: (a) For quiet enjoyment. ALTERATIONS AND IMPROVEMENTS: 4.01 The Lessee shall be permitted to construct and erect, at its sole cost and expense, fencing upon the Demised Areas and to landscape the Demised Areas in accordance with the Site Plan -5- attached hereto as Schedule "D ". 4.02 The Lessee accepts the Demised Areas in the condition existing at the Lease Commencement Date and shall be responsible for the cost of any grading, fencing or other alteration or improvements required in order to prepare the Demised Areas for the purpose set out in paragraphs 2.01(e) and (f). 4.03 If the alteration or improvements as contemplated pursuant to paragraphs 4.01 and 4.02 above necessitates the removal of any tree(s) on the Demised Areas, the Lessee agrees to replace or replant, at its sole cost and expense, any and all such tree(s) in a suitable alternate location on the Demised Areas with a tree(s) of a similar type and species as the removed tree(s). 4.04 The Lessee agrees not to make any leasehold improvements or changes to the Demised Areas without the Lessor's prior written consent. 4.05 It is understood and agreed between the Lessor and the Lessee that the Demised Areas shall be a municipal park and any person, persons or organization whatsoever shall be permitted to use same as a municipal park and the Demised Areas shall be governed by the policies of the City's Municipal Works Department for municipal parks and recreational facilities in force from time to time. 4.06 The parties acknowledge and agree that the use of the Demised Areas shall be mutually beneficial to both parties and both parties shall do all things necessary to cooperate in this regard. INSPECTION BY LESSOR: 5.01 And it shall be lawful for the Lessor or its agents at all reasonable times during the said term to enter the said Demised Areas to examine the condition thereof; and should the Lessor find that any repairs are necessary in accordance with the terms herein, the Lessor shall give written notice to the Lessee specifying the repairs required to be done, and the Lessee shall with reasonable promptitude after such notice well and sufficiently repair and make good accordingly, reasonable wear and tear and damage by fire, lighting and tempest only excepted. Should the Lessee however, refuse or neglect to make the repairs as aforesaid, the Lessee shall be liable to pay the cost thereof to the Lessor upon demand. If the Lessee shall default in any payment or expenditure other than rent required to be paid or expended by the Lessee under the terms hereof, the Lessor may at its option make such payment or expenditure and in such event the amount shall be payable by the Lessee to the Lessor on the next accruing rent day together with interest at the rate of 10% per annum from the date of such payment or expenditure by the Lessor and on default the Lessor shall have the same remedies as on default of payment of rent. RE- ENTRY: 6.01 PROVISO FOR RE -ENTRY for non - payment of rent and/or non - performance of covenants, subject to the provisions of the Lease. (a) If the Lessee shall fail to pay an instalment of rent payable hereunder when due and shall allow such default to continue for 60 days or shall fail to perform any of the -6- covenants, conditions and agreements contained and shall allow any such default to continue for 60 days, then the Lessor may take possession of the Demised Areas herein described and this Lease Agreement shall be terminated. (b) 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 be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including a reasonable solicitors' fee. 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 Areas 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 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 on the Demised Areas, 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 responsible, and 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. 9.01 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 Areas 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. FEE FOR SERVICE 10.01 The Fee for Service may be renegotiated at any time during the term of this Lease Agreement. 10.02 Renegotiation shall be conducted in accordance with the rules set out in Schedule "E" attached. -7- DISPUTE RESOLUTION 11.01 Any dispute between the parties to this Lease Agreement as to the application, terms, extent, and effect of this Lease Agreement shall be resolved in accordance with the rules set out in Schedule "E" attached. NOTICE: 12.01 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 Stamford Centre Volunteer Firemen's Association 2275 Dorchester Road, R.R. #1 Niagara Falls, Ontario L2E 6S4 Telephone: (905) 371 -2099 and if intended for the Lessee, 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 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. GENERAL: 13.01 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. 14.01 Words importing the singular number only shall include the plural and vice- versa, and words importing the masculine gender shall include the feminine gender and words importing persons shall include firms and corporations and vice - versa. 15.01 Unless the context otherwise required, the word "Lessor" and the word "Lessee" whenever used herein shall be constructed to include and shall mean the successors and assigns of the Lessor and the successors and assigns of the Lessee. -8- 16.01 Time shall be of the essence, save as otherwise provided herein. 17.01 The Schedules to this Lease Agreement are a part of this Lease Agreement. IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate seals, duly attested by the hands of their proper signing officers and the said signing officers certify that they have authority to bind their corporation. THE STAMFORD CENTRE VOLUNTEER FIREMEN'S ASSOCIATION, also known as STAMFORD CENTRE VOLUNTEER FIRE _ 0 CIATI,O1 ) Per. Na Titl Name: Title: THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean Iorfida, City Clerk SCHEDULE "A" Part of Stamford Township Lots 6, 15, 26 and Part of the Road Allowance between Stamford Township Lots 15 and 26, being Part 1 on 59R -2933, except Parts 3 and 4 on 59R -3274, in the City of Niagara Falls. SCHEDULE" 0 0 M z>=1 T < U Z 20 50 �y m Zw 00 N 0 Enca az Z 0 p om �z Z ap z U w< _ Z ✓ �0 jr, < K O W LL W V 2 o W E,-= oz W J U 0<00 ?rw0 cc ca 4 ODC4 z 0 Z W s U < < < p W 00<0 <z— NI Z O W W R z - W 0 < WN0 W /3 p u=uJ0 6 • N pw < Z V 7 7 < Z d. d. Q MWW- m6S`1 K Z 0 V in 0 oz z 0 ON <U Z 0< < O p <d 5< o, U 'Q N m Y 00 w U W m Y W Z Z 1 02 0 colp 2P, p =ceo J V W a o 00 m < 1— 6z' z000 O p N WN<p U N W Z w u m - 0 mu, V oso< PLAN OF SURVEY OF STAMFORD TOWNSHIP CITY OF NIAGARA FALLS OF NIAGARA MUNICIPALITY N M vI r W - J 0 O 0 131(LT)j 1.118 NTARIO HYDRO 0 s 0 O 0 3 0 0 a RIGHTS TO 0 z 2 ors. r oh 0 O `-'5' 0 (1, .Z 0 0 a ,p 0 w Z d' (9l >J 51. '9Z SZ 5101 dIHSNM01 " N33M139 30NVMOTM 07021 1'41,11018W hLSt,tS.t■ cos `,£ ) 05 (WOE OQ QaaLSaI3✓OOa 5is m �� L t 1 4q a O 6 J h 3 Z J 0 Z m 6 n 3) 0 Z _ 0 0 Z M = m n b m 0 m VI K 0 pg La m r w O N ▪ 2 O W N z W Q 0 0 z 0 0m 0 0 O z mz 0 0 0 t(vvivts3a�_ 0- \ .;‘ ° \ \ a F\ \ �4,. \ ul�74 ?-',12 P \ \>o-`_`\ `b i`F� Z O ' e; �C /i/�. \ \6 \ �"yY\ \ J 0 a 99*.L1 i�05;91,£1N 4 3u Z40'85Z 07 C1 \ 0 Ai 3.01,,BZ.IN a\ 0 zaa az \\73 SCHEDULE" Co \\ zo VI 5 CO j \\ Z uy _ 2 2 - <s < § � § w BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO \ R 1 PLAN OF SURVEY OF It N \ 0 > \ CERTIFY TH 10 CD 0 0 oo SCHEDULE "D" LOCATION PLAN Scale: 1:2000 SCHEDULE "E" DISPUTE RESOLUTION PROCEDURE 1. Amicable Negotiations 1.01 Unless otherwise provided in this Lease, in the event of any dispute arising between the Lessor and the Lessee under or relating in any way to this Lease Agreement, its negotiation, the performance of obligations thereunder or to any relationships or legal obligations created thereby, such dispute shall be referred, in the first instance, by notice from the Lessor or the Lessee requiring the dispute to be resolved by negotiation. 1.02 If the dispute is not resolved to the mutual satisfaction of the Lessor and the Lessee within fifteen (15) business days (or such longer period as the Lessor and the Lessee may agree) following such notice, the Lessor or the Lessee may by notice to the other require that the dispute be resolved by mediation as set out below, unless both the Lessor and the Lessee waive such requirement in writing. If both the Lessor and the Lessee waive the mediation requirement, either of them may, by notice to the other, require the dispute to be resolved by arbitration as set out below. 2. Mediation 2.01 The mediation shall be held within thirty (30) business days following the end of the fifteen (15) business day period. Within seven (7) business days following the end of such fifteen (15) business day period, the Lessor and the Lessee jointly shall select and appoint a skilled and experienced commercial mediator to assist them to reach an agreement through mediation. The mediation shall be conducted under such mediation rules as the mediator recommends and the cost of the mediation shall be shared as to one -half by the Lessor and as to one -half by the Lessee. Any settlement reached by mediation shall be reduced to writing, shall be signed by the Lessor and the Lessee and shall be final and binding on the Lessor and the Lessee. If the Lessor and the Lessee fail to agree on a mediator within seven (7) business days or the dispute is not resolved to their mutual satisfaction within thirty (30) business days following the date of receipt of the notice of mediation, either may by notice to the other require the dispute to be resolved by arbitration as set out below. 3. Initiation of Arbitration Proceedings 3.01 If the procedures described above do not result in the resolution of the dispute, mandatory arbitration proceedings may be commenced by the Lessor or the Lessee (the "Initiating Party ") giving notice (the "Initiation Notice ") to the other party (the "Responding Party "). The Initiation Notice must state the nature of the dispute, the amount involved, if any, and the remedy sought and request such arbitration. 3.02 The place of arbitration shall be Niagara Falls, Ontario. 3.03 The Single Arbitrator or panel of arbitrators appointed to act hereunder (the "Arbitrator ") shall have appropriate qualifications by profession or occupation to decide the matter in dispute. 3.04 Within fifteen (15) business days following receipt of the Initiation Notice by the Responding Party, the Initiating Party and the Responding Party shall designate one arbitrator (the "Single Arbitrator ") acceptable to both of them. If the Initiating Party and the Responding Party fail to appoint a Single Arbitrator within such period of time, the Initiating Party shall, by notice to the Responding Party, appoint an arbitrator. The Responding Party shall, within fifteen (15) business days following receipt of such notice, appoint an arbitrator by notice to the Initiating Party and the two arbitrators so appointed shall select a third arbitrator acceptable to both arbitrators. 3.05 If the Responding Party fails to appoint an arbitrator within such period of time (or such additional period of time as the Initiating Party and the Responding Party may agree) the Initiating Party may appoint an arbitrator on behalf of the Responding Party and is hereby appointed the agent of the Responding Party for such purpose. If the two arbitrators so appointed are unable to agree upon the third arbitrator (the "Presiding Arbitrator ") within fifteen (15) business days following the appointment of the arbitrator by the Responding Party, either of such parties shall be entitled to make application under the Arbitration Act, 1991 (Ontario) for the appointment of the third arbitrator. 3.06 The fact that a person was proposed by a party as a potential Single Arbitrator shall not by that fact disqualify the person from being appointed by a party or the Court as an arbitrator. 4. Basic Procedure 4.01 Within fifteen (15) business days following the appointment of the Arbitrator, the Initiating Party shall send to the Responding Party and the Arbitrator a statement of claim (the "Statement of Claim ") stating in sufficient detail the facts and any contentions of law on which the Initiating Party relies and the relief that it claims 4.02 Within thirty (30) business days following the receipt of the Statement of Claim, the Responding Party shall send to the Initiating Party and the Arbitrator a statement of defence and, if applicable, counterclaim, (collectively, the "Statement of Defence ") stating in sufficient detail which of the facts and contentions of law in the Statement of Claim the Responding Party admits or denies, on what grounds, and any other facts and contentions of law on which it relies. 4.03 Within fifteen (15) business days following receipt of the Statement of Defence, the Initiating Party may send to the Responding Party and the Arbitrator a statement of reply and, if applicable, defence to counterclaim (collectively, the "Statement of Reply "). 4.04 Within fifteen (15) business days following receipt of the Statement of Reply, the Responding Party may send to the Initiating Party a statement of reply to counterclaim (the "Statement of Reply to Counterclaim "). 4.05 Every Statement of Claim, Statement of Defence, Statement of Reply and Statement of Reply to Counterclaim shall be accompanied by copies (or, if they are especially voluminous, lists) of all essential documents and other materials on which the party concerned relies. Documents so listed shall be produced for inspection and copying within twenty (20) days of a request for production. The costs of reproduction shall be borne initially by the party listing the documents. 4.06 After submission of the Statement of Claim, the Statement of Defence, the Statement of Reply and the Statement of Reply to Counterclaim, if any, the Arbitrator shall forthwith meet with and give directions to the parties to the arbitration for the further conduct of the arbitration. 4.07 There shall be no oral discovery. 5. Meetings and Hearings 5.01 Although the place of arbitration shall be Niagara Falls, Ontario, meetings and hearings of the Arbitrator may take place in such other place or by such mode as the parties to the arbitration agree. Meetings and hearings shall be conducted in the English language unless otherwise agreed by the parties to the arbitration and the Arbitrator. Subject to the foregoing, the Arbitrator may at any time fix the date, time and place of meetings and hearings in the arbitration, and shall give the parties to the arbitration adequate notice thereof. Subject to any adjournments that the Arbitrator allows, the Arbitration Hearing shall be continued on successive business days until it is concluded. 5.02 Subject to the duties of the Lessee as a public body, all meetings and hearings and all materials related to the meetings and hearings shall be in private unless the parties to the arbitration otherwise agree. 5.03 Each party to the arbitration may be represented at any meetings or hearings by legal counsel. 5.04 Each party to the arbitration may examine and re- examine its witnesses and cross - examine those of the other parties at the arbitration, but nothing herein shall prevent the parties from agreeing to have the arbitration proceed on the basis of documents only, in whole or in part by telephone, video or electronically or to presenting the evidence in -chief of witnesses in written form. 6. The Decision 6.01 The Arbitrator shall send a decision in writing (the "Award ") to the parties to the arbitration within thirty (30) business days following the conclusion of all hearings referred to in Section 5 unless such period of time is extended for a fixed period by agreement of the parties to the arbitration in writing or by the Arbitrator on written notice to the parties to the arbitration because of illness or other cause beyond the Arbitrator's control. 6.02 The Arbitrator shall state the reasons for the award. 6.03 If the Arbitrator is a panel, the decision of the majority of the panel shall be deemed to be the decision of the Arbitrator. If there is no majority, the decision of the Presiding Arbitrator shall be the decision of the Arbitrator. 6.04 If the decision is alleged to have been based upon an error in law, a party may appeal the Award in that regard pursuant to section 45(2) of the Arbitration Act, 1991 (Ontario). 7. General 7.01 The object of an arbitration hereunder shall be to ensure the just, expeditious, economical and final determination of any dispute. 7.02 The Arbitrator shall include as part of any Award, the payment of interest at the rate set out in this Lease Agreement from an appropriate date as determined by the Arbitrator. 8. Provisional Remedies 8.01 No party hereto shall be precluded from and shall not waive its right to arbitrate by reason of initiating a proceeding in a court of competent jurisdiction for the purpose of obtaining any emergency or provisional remedy to protect its rights, including temporary and preliminary injunctive relief and restraining orders. 9. Costs of Arbitration 9.01 Pending determination by the Arbitrator, the parties shall equally be responsible for their respective shares of all costs relating to the Arbitrator. The Arbitrator shall be entitled to award costs in accordance with the provisions of the Arbitration Act, 1991 (Ontario). 10. Continuing Performance 10.01 Notwithstanding the existence of a dispute, the Lessor and the Lessee shall continue to perform their respective obligations in accordance with the provisions of this Lease Agreement without prejudice to the right to contest, dispute and challenge the relevant matter in accordance with the provisions of this Lease Agreement. 10.02 Subject to the express provisions of this Lease Agreement, where there is any dispute as to the amount of monies owing by a party to another party, the portion of the amount owing that is not contested, disputed or challenged, if any, shall be paid when due hereunder, but without prejudice to the rights of the parties to contest, dispute or challenge the disposition of the remaining portion of the monies claimed. CITY OF NIAGARA FALLS By -law No. 2012 - A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 13th day of November, 2012. WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as herein set forth be adopted, ratified and confirmed by by -law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. The actions of the Council at its meeting held on the 13th day of November , 2012 including all motions, resolutions and other actions taken by the Council at its said meeting, are hereby adopted, ratified and confirmed as if they were expressly embodied in this by -law, except where the prior approval of the Ontario Municipal Board or other authority is by law required or any action required by law to be taken by resolution. 2. Where no individual by -law has been or is passed with respect to the taking of any action authorized in or with respect to the exercise of any powers by the Council, then this by -law shall be deemed for all purposes to be the by -law required for approving, authorizing and taking of any action authorized therein or thereby, or required for the exercise of any powers thereon by the Council. 3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council or to obtain approvals where required, and, except where otherwise provided, the Mayor and the Clerk are hereby authorized and directed to execute all documents arising therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix thereto the corporate seal of the Corporation of the City of Niagara Falls. Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2012 November 13, 2012 November 13, 2012