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06/23/2015 ADDITIONS TO COUNCIL, TUESDAY, JUNE 23, 2015 1. TS-2015-12 - Parking Review a) List of speakers BUDGET 1. Copy of Water & Wastewater budget presentation. Request to speak from Ed Bielawski COMMUNICATIONS 1. Related to Communication # 1 -Memo from City Clerk re: Noise complaints from Fireman's Park and additional in kind requests from SCVFA 2. Related to Communication # 9 - RE: Memo from City Clerk related Niagara District Airport 3. Additional Communication - request from MPP re: the Proposed Privatization of Hydro One RECOMMENDATION: For the Consideration of Council REPORTS 1. MW-2015-08 - Millennium Recreation Trail Section 3 Development ( Niagara Falls Lions Legacy Trail Project) Tender Award RESOLUTIONS 1. Background on Millenium trail phases BY-LAWS 2015-73 A by-law to authorize the execution of a Development Agreement with HOCO Limited respecting the development and occupancy of City lands by HOCO Limited. (HAND OUT) 2015-74 A by-law to authorize the execution of a Licence Agreement with HOCO Limited respecting the granting of a right of way over City lands for access to the entertainment facilities located upon the lands owned by HOCO Limited. ( HAND OUT) 2015-75 A by-law to authorize the execution of a Sublicence Agreement with Ontario Power Generation Inc. and the Niagara Falls Rowing Club, respecting the consent by Ontario Power Generation Inc. to a sublicence of its licence with the City, of the lands known municipally as George Bukator Park. (HAND OUT) 2015-76 A by-law to authorize the execution of a Licence Agreement with the Niagara Falls Rowing Club respecting the Club's use and maintenance of lands municipally known as George Bukator Park. ( HAND OUT) CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: June 23, 2015 Re: Speakers On the matter related to TS-2015-12, Barker Street— Parking Review, we requested that potential speakers notify myself. The following have requested to speak related to the matter: • Scott Jones • Jim Bredin • Laurel Doan Ed Bielawski has requested to speak on the Utility Budget. A Great City ... For Generations To Come Dean Iorfida From: Ed Bielawski < Sent: Monday, June 22, 2015 4:07 PM To: Dean Iorfida Subject: water rates Dean, Please be advised that I wish to make a presentation on the Municipal Utility Budget report to be presented at Tuesday's Council meeting. Thanks Ed 1 NiagaraJalls City of Niagara Falls Water & Wastewater Budget June 23, 2015 Overview * Niagara] Is • Regional Review completed in 2014 • Existing service structure reaffirmed • Region rate structure to City for water is 75% variable, 25% fixed, uniform pricing to all lower tier municipalities • Region rate structure to City for wastewater is 100% fixed • Regional costs are 55% of water and 60%of wastewater of City retail billing to ratepayers • Separate water/wastewater budgets • Requirement to be self funding from rates • City retail rates consist of variable and fixed monthly rates for both 1 City Improvements NiagaraFails Underway • Meter Inspection Program Ongoing -95% complete • Water loss - partnership with Region on a proposed audit of water loss (report later this year) • Review of costing of water during construction • Review of administrative responsibility and customer service Water Budget ireir Niagara)1 2015 2014 Expenses Regional Charges 10,907,483 11,255,487 Fixed Capital Charges 4,100,000 4,100,000 Net City Operating Charges 4,446,679 4,673,909 Total Expenses $19,454,162 $20,029,396 Revenues Volumetric Charges 10,907,483 11,175,487 Transfer from Reserves 0 80,000 Fixed Monthly Service Charges 8,546,679 8,773,909 Total Revenues $19,454,162 $20,029,396 Key Points - Water . Niagara/it/Is • Regional costs based on 75% volume (8,089,544) 25% fixed (2,817,939) • Regional costs - volumetric rate remained same 3rd year in a row • Net City operating costs includes all City costs less sundry revenue • Water loss percentage increased slightly • Capital spending remains at $4.1 million when asset management plan indicated should be $6 million Water Billing Transitions NiagaraJ'alls • Opportunity to synergize water/tax billing with municipality • Impetus to rework MacBain Centre and enhance customer service for residents • Customer service centre opened April 7, 2014 at MacBain • Water billing conversion completed May 1, 2014 • Opportunity to improve information control, enhance communication between City departments and reduce operating costs • Annual costs reduced by $300,000 Savings achieved in 2015 budget offset by increase costs in system maintenance • Stili positive impact as fixed monthly rate reduced 3 Wastewater Budget 2015 2014 Expenses Regional Charges 13,322,136 13,874,769 Fixed Capital Charges 4,730,000 4,730,000 Net Operating Costs 4,425,360 4,180,425 Total Expenses $22,477,496 $22,785,194 Revenues Volumetric Charges 13,322,136 11,710,818 Transfer from Stabilization Reserves 0 2,163,951 Transfer from DC Reserves 1,014,306 1,044,392 Other Revenue 225,000 125,000 Fixed Monthly Service Charges 7,916,054 7,741,033 Total Revenues $22,477,496 $22,785,194 Key Points - 1 astewat a • Annual treatment costs from Region reduced by 4.1% • Net City operating costs increased due to cost increases in maintaining distribution system • Revenue from volumetric charges increased due to large reduction in volumes billed • Utilization of stabilization reserve to mitigate reduction in billing volumes • Fixed capital remained at $4.7 million, however asset management plan suggests spending should be $6..5 million annually 4 Volumetric Rates Combined cagaraalls — Rate Impact 2015 2014 Water Rate per cubic meter 0.9590 0.9628 Sewer Rate per cubic meter - 1.2474 1.0646 Total 2.2064 2.0274 Fixed Rate Combined ' tiLagara, lI.s RateImpact 2015 2014 Water Rate per cubic meter $21M0 $22.25 Sewer Rate per cubic meter 20.43 20.04 Total $41.43 $42.29 5 Impact on Average Niagaramis Residential User • Two (2) scenarios: • High water User • Low water User Comparison Impact on Residential .. ' Water Users Niagaraft0 High Consumption household(300m3/year) 2015 2014 $Increase I %increase Combined Volumetric Billings 661.92 608.22 $53.70 8.8% Combined Fixed Charge 497.16 507.36 (10 2_0j. (3.0)% Total $1,159.08 $1,115.58 $43.50 3.9% Lower Consumption household(100m3/year) 2015 2014 $Increase %Increase Combined Volumetric Billings 220.64 $203.74 $16,90 8.3% Comh!ned r;xe, Charge 497_10" 507.36 (10 20) 31" Total $717.80 $710.10 $7 70 1 08% Rate Structure Review iagaraj'ulls • Current structure in place since 2000 • Rate structure review in 2007 • Council directed staff at beginning of 2015 to do review for 2016 • Review must include all stakeholders - residential, commercial & industrial users • Combination of consumption rate based on use and fixed monthly service- consistent with many municipalities as shown in Chart 3 of report • Staff recommend that for 2016 budget, full review be completed • Continued Low Income Senior Water Rebate Annual Residential Charges Comparison On Water Volumes1i1Pi1YijI4 City/Town Per 100cm/3 Per 300cm/3 Fort Erie $1,022.54 $1,513.14 Grimsby' 376 96 618.96 Lincoln 516 42 1,409 82 Niagara on the Lake 773.67 1 220 13 Pelham 515.66 963 54 Port Colborne 972.90 1,439 10 St. Catharines 539.50 1,144.50 Thorold 650.10 1,1 76.30 Wainfleet No municipal water Welland 725.4 5 158^.67 West Lincoln 661.95 1,167 96 Niagara ails 717 1 59 G8 rnarge ::')rlij! 7 Next Steps Nialaraft4s • Approve new rates with effective date of July 1, 2015 • Report on outcome water audit project • Complete inspection of large meters • That staff engage in an internal review on the City's water/wastewater rates structure as well as provide a best practices comparison among municipalities and obtain pubic consultation in time for the 2016 Utility Budget 8 CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: June 23, 2015 Re: Complaints re: Noise from Fireman's Park Although staff traditionally does not forward complaints without attribution, last year when the issue of noise from Fireman's Park came up, the resulting press articles lead to a fair amount of vitriol, on-line, directed toward the complainants. As a result, staff is including the attached two complaints but redacting any personal information associated with the emails. A Great City ... For Generations To Come Dean Iorfida From: Jim Diodati Sent: Tuesday, June 09, 2015 3:05 PM To: Cc: Subject: RE: Noise from Firemens' Park Hello Thank you for your email and I appreciate your point. I've asked our City Clerk, Dean lorfida, whose purview our Bylaw Department is under, to investigate further. I'll ask that he is in touch with you to follow up. Thanks for taking the time to write, I hope we can mitigate this with an effort to reach out to organizers and participants. Best, Jim JIM DIODA11 blas or City of Niagara Falls 905 356 7521 x 4201 jdiodati f@niagarafalls,ca Follow me on From: Sent: Monday, June 08, 2015 11:32 AM To: Jim Diodati Subject: Noise from Firemens' Park For His Worship the Mayor of Niagara Falls, Mr. Jim Diodati Dear Mr. Mayor, I don't know how much noise from the Firemen's Park reaches your home, but here in Camelia Place, the live shows that take place throughout the summer drive us indoors. Well, today (Sunday, 7 June) the noise followed us inside. The event was a car rally and the problem was caused by at least two vehicles with extraordinary base audio equipment. The drivers vied with one another intermittently to create the most noise with a rumble that was painful and made our house vibrate. Before I realized that private cars were causing the noise, I spoke to the person in charge of the event's amplification system. He was perfectly willing to reduce the base on his system. However, when I came across the cars and spoke to the drivers, they were unwilling to do anything to reduce their noise. One said there were at least ten more cars at the show that were using the base audio equipment. 1 I returned to the event's audio desk and was told there was nothing they could do about individuals at the event. If the rally organizers could do nothing, I suggest that for any future event, the Council empower them by making their licences conditional on there being no use of individual amplification systems. The Internet contains many complaints about loud base systems in cars and I hope the Council will take note of them and of my own complaint. Yours sincerely, 7 June 2015 Sent from Windows Mail 2 Dean Iorfida From: Jim Diodati Sent: Tuesday, June 09, 2015 3:07 PM To: Cc: Subject: RE: Loud noise from Firemen' Park Hello Thank you for your email and I appreciate your point. I've asked our City Clerk, Dean lorfida, whose purview our Bylaw Department is under,to investigate further. I'll ask that he is in touch with you to follow up. Thanks for taking the time to write. I hope we can mitigate this with an effort to reach out to organizers and participants. Best, Jim JIM DIODATI Mayor City of Niagara Falls 905 356 7521 x 4201 j diodati@niagarafalls.c a Follow me on i From: Sent: Tuesday, June 09, 2015 2:44 PM To: Jim Diodati Subject: Loud noise from Firemen' Park To the Honourable Mayor of Niagara Falls Mr. Jim Iodate Private and Confidential Dear Mr. Mayor, I am writing to you in both your capacity as mayor of our City and a member of our neighbourhood in Caliguiro Estates. I had voiced my concern about a year ago in a letter to council regarding the excessive noise coming from Firemen's Park during many of their activities. On June 7th ( Last Sunday) some form of car rally was taking place at the park and the extremely loud base from both the event's loudspeaker and participating cars was such that it made our 1 house vibrate. This was in addition to the constant revving of the car engines. I would note that this went on from 9:00 am till about 8:00 pm. We actually had to leave the house for a few hours to get away from the noise. As mentioned earlier I had voiced my concern about the noise from the Park last year. The result of the Council meeting were my complaint and one other was read, was not only that no measures were taken to try to control the noise but to actually extend the Park's hours operation till 10:30 pm from the previous 9:30 pm deadline. On at least-two occasions subsequent to that extension, the noise went on well past 11:30 pm leading me on one occasion to phone the police. Please understand that I am not advocating the ceasing of activities at the park, it is a joy to see the Children's Easter egg hunt and the planting of trees or even the cycling gathering that happened last year. However the activities that create the sort of noise that occurred last Sunday should either be banned or very tightly controlled. The noise level from the loudspeakers or private individuals audio equipment participating in the Park's events should be such that they do not extend beyond the park's perimeter. This is a residential area and such noise should surely not be allowed. The Niagara Parks Commission as an example does not allow such noise in their recreational areas and neither should The City of Niagara Falls. I hope that the City of Niagara Falls will take the required action to deal with this issue. I would also appreciate hearing from you in the not too distant future. Yours sincerely 9 June, 2015 2 Dean Iorfida From: Karen Sirianni < Sent: Monday, June 22, 2015 10:45 AM To: Cathy Crabbe Cc: ; Dean Iorfida; Lydia Picca Subject: Re: SCVFA Letter to Council Dear Dean this is to request Council to consider waiving the 325 dollar business license fee as well as the water consumption charge we will incur with the hook up to the city fire hydrant at the Stamford Green during the time of the SCVFA carnival starting June 24 at 4 pm and ending at midnight June 27 Thank You Mike Sirianni President of the Stamford Centre Volunteers Firemens Association On Mon, Jun 22, 2015 at 10:17 AM, Cathy Crabbe <ccrabbe niagarafalls.ca> wrote: Hello Mike: Further to our telephone conversation, this is a reminder that you must reach out to the City Clerk, Dean lorfida today with your request to Council to consider waiving the $325 business licence fee as well as the water consumption charge that you will incur with your hook up to the City fire hydrant during the course of the SCVFA's annual carnival. It is understood the carnival opens on Wednesday, June 24 at 4:00 p.m. and will conclude on Saturday, June 27 at midnight. Council will consider this at their regularly scheduled Council meeting tomorrow, June 23. Reminder: 1. I have spoken with Steve Toth and he is going to the City's Service Centre today to sign the liability document for the water service. 2. Lydia Picca has spoken with John Ricci at the Service Centre who is prepared to install the back flow valve and hose bib to the hydrant once the document is signed. 3. Lydia Picca has spoken with Brian Dickson at Fire Prevention who is aware the hydrant will be used for the carnival purposes. Hope this is all that you need, however, if there is anything further that we can assist with please do not hesitate to be in touch. Cheers, Cathy 1 CLERKS DEPARTMENT Inter-Departmental Memo To: Mayor James M. Diodati & Members of Council From: Dean lorfida, City Clerk Date: June 23, 2015 Re: Niagara District Airport Motion A revised motion from Niagara-on-the-Lake regarding the Niagara District Airport is attached. Staff recommends the approval of the more detailed NOTL motion, than the St. Catharines motion included on the agenda. A Great City ... For Generations To Come Dean Iorfida From: HDowd@notl.org Sent: Thursday, June 18, 2015 2:21 PM To: Dean Iorfida; bdunk@stcatharines.ca Cc: VButters@notl.org; TFlynn@notl.org Subject: Niagara District Airport Motion Hi Dean and Bonnie On behalf of Councillor Terry Flynn, I am forwarding this to you, advising that the following motion is going to Council on Monday evening: WHEREAS the Niagara District Airport is currently funded by three participating municipalities, those being St. Catharines, Niagara Falls and Niagara-on-the-Lake; AND WHEREAS the current funding model does not allow for needed infrastructure renewal or future development; AND WHEREAS the Niagara District Airport is the only certified airport in the Regional Municipality of Niagara and expansion of the airport would result in economic benefits throughout the Niagara Region. THEREFORE BE IT RESOLVED that the Council of The Corporation of the Town of Niagara-on-the-Lake request the Regional Municipality of Niagara staff and the existing Niagara District Commission and Airport Liaison Committee to work together on the possibility of transferring the operations of the Niagara District Airport to the Regional Municipality of Niagara, AND further should the City of Niagara Falls and City of St. Catharines Council's pass a similar resolution, the Clerk of the Town of Niagara-on-the-Lake forward this resolution to the Clerk at the Regional Municipality of Niagara. Holly Dowd, Director of Corporate Services / Town Clerk Town of Niagara-on-the-Lake 1593 Four Mile Creek Road P.O. Box 100, Virgil, Ontario LOS 1T0 905-468-3266 Ext. 227 Fax: 905-468-2959 Niagara _on-the_L ake NOTICE: This e-mail message (including all attachments) and any printed. copied. saved or other renditions of it or of any part of its contents is confidential and is intended only for the use of the recipient(s) named above. 3!! Ontario Wayne Gates Motion to City Council Tuesday, May 23rd, 2015 Regarding the Proposed Privatization of Hydro One Recommendations 1. City Council communicate to the Government of Ontario its strong objection to the sale of Hydro One and merger of NPEI with other electrical distributors without the express consent of the residents of Ontario who are the rightful owners of these public utilities: and City Council request the Province to develop a sustainable. permanent funding source for the ongoing infrastructure needs of municipalities. Niagara Falls Fort Erie Niagara-on-the-Lake Queen's Park Office _ _ + • ,,,c it . tb _ 'i MW-2015-08 NiagaraJalls June 23, 2015 REPORT TO: Mayor James M. Diodati and Members of Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2015-08 Millennium Recreation Trail Section 3 Development (Niagara Falls Lions Legacy Trail Project) Tender Award RECOMMENDATION 1. That Tender 2015-361-15 for the Landscape Development of the Millennium Recreation Trail Section 3 (Niagara Falls Lions Legacy Trail) be awarded to the lowest bidder, Stevensville Lawn Service Inc. for the amount of$522,167.00 excluding HST, and 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The Millennium Recreation Trail was first established in 2000 with the construction of Section 1, located between Oakwood Drive and Lundy's Lane. The Millennium Trail utilizes the Ontario Power Generation Hydro Canal corridor which runs north / south through the City. This next section of the trail (Section 3), named the Niagara Falls Lions Legacy Trail (in partnership with the Niagara Falls Lions Club), will start at the intersection of Thorold Stone Road at Stanley Avenue and travel north to end at Whirlpool Road. This contract will include site grading; paved asphalt trail; paved parking area for the Stanley Avenue entrance; storm drainage systems and structures; landscaping and park furnishings. The contract is anticipated to start in July and be completed by September 30, 2015. BACKGROUND The trail section is approximately 1.2 km in length and provides a key linkage with the Paisley Janvary-Pool Section of the Millennium Trail to the south and Whirlpool Road to the north. To remain within the current project budget various project items were 2 MW-2015-08 June 23, 2015 deleted and deferred for future funding consideration. These items are listed in this report and include; the Big Becky cutterhead feature, parking lot lighting, park shelter, the extension on Whirlpool Road connecting to the Niagara River Parkway, and other trail features. ANALYSIS/RATIONALE Tender 2015-361-15 was issued for the Landscape Development of Section 3 of the Millennium Recreation Trail, designated as the Niagara Falls Lions Legacy Trail. Section 3 is located between Thorold Stone Road at Stanley Avenue and Whirlpool Road (refer to attached map). Eight (8) companies picked up the tender documents and five (5) bids were submitted. The Tender submissions were opened in the presence of City Clerk Mr. Dean lorfida and the Manager of Supply & Services Mr. Dave Butyniec on Tuesday May 26, 2015. Listed below is a summary of the total tender prices, excluding HST. Company Name City Tender Price Corrected Bid 1. Stevensville Lawn Service Inc. Stevensville $ 522,167.00 2. Norjohn Contracting & Paving Niagara Falls $ 633,200.00 3. Gibbons Contracting Stevensville $ 670,739.25 $ 680,504.25 4. Touchstone Site Contractors St. Catharines$ 693,504.00 5. Demar Construction Allanburg $ 932,359.49 The lowest tender was received from Stevensville Lawn Service in the amount of $522,167.00 (excluding HST). This contractor has previously performed projects for the City of Niagara Falls with good results, and is recommended for this contract. ** Note: To remain within the currently funded budget, the following project items will be deferred until such time as funds become available. Deleted Project Item Estimated Cost Big Becky Cutterhead Feature $ 98,000 deferred Lighting for Parking Areas $ 65,000 deferred North Whirlpool Road Parking Area $ 45,000 deferred Park Shelter for Trail Entrance Area $ 55,000 deferred Concrete &Asphalt Entry Area $ 35,000 deferred Landscape items (trees, plantings, armourstone) $ 20,000 deferred Furnishings (benches, bike racks) $ 15,000 deferred Additional Trail from Whirlpool Road to NPC Trail $275,000 deferred Total $ 608,000 3 MW-2015-08 June 23, 2015 Ontario Power Generation has offered the 'Big Becky' cutter-head section to the City at no cost, however OPG is unable to offer any financial assistance in the transportation or installation costs. OPG is agreeable to licencing the land to the City for the trail, similar to previous Millennium Trail sections. The Niagara Falls Lions Club continues to pursue fundraising opportunities and donations to the project. The original intent of the Millennium Trail was to create an off-road multi-purpose link along the OPG Hydro Canal through the City. The section that connects directly to the Niagara Parks Commission Trail has been deleted from the contract due to future plans to rehabilitate the bridge over the hydro canal and to allow for further discussions with Niagara Parks Commission staff regarding alignment, signage and crossing controls. Should Council wish to add this section to the project staff could include some of this work in the upcoming Road Rehabilitation Tender closing later this summer. Otherwise staff will include the completion of this section of the trail in a future Capital Budget proposal. The estimated cost to provide this extension (not including the bridge rehabilitation) is $275,000. FINANCIAL/STAFFING/LEGAL IMPLICATIONS This project was approved in the 2013/2014 Capital budgets. The available funding for this project is currently $540,000.00. To date, the City has received contributions from TD Canada for planting of $5,000 worth of native trees and plants at the trail location (completed fall 2014), and a grant from CN EccoConnexions in the amount of $25,000. CITY'S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council's Strategic Priorities by providing opportunities for active living and promoting a healthy and safe community. LIST OF ATTACHMENTS 1. Project Location Map a Recommended by: Geoff Holman, Lirector of Municipal Works Respectfully submitted: I p Y Ken Todd, Chief Administrative Officer Jeff Claydon i> ,—,/ • 2015-08 ATTAC}ii?MIE L, T `( IAP i'i.11er ii'iT;TrailOCASe douIO3 -: — -: — .. 4 `',Ait941"47-:. ' fi . - o ;et s r"-7.- :' ' s..a .. rO - ISII6 M c > '110.: • f '@ +it~C 4 77 - 'c 4,.r .. o- .•— -,..•.,'`:',:‘.: . ,' " ., • s ' 4' 'E.',4"-•'•I--'"If 4 1U-Wt,;,, •.. II: -. 4 InY ii r ., ...... ... . ......:,_ ..... - : , . I'Ir4E'•-.. ''.I ' , Ii. I'IRt . '' 47f.:.". I r• ,.,. ,; .. -, .•,,,! 4:::75-, t. 4 y - ?OP S D AFKIf G 1n+ , .411‘ ,`.c .. • , 4 i .Ui`I vECTICN T.rJIACA PY.0 M „ ► '', v. f^}ice„./,:',14±,;;;;*`” y CO.rAISoI l.P.4THVJF. .STEM r snR• SIM . t'',. \\\° . y No as z a , • .• SE J GE ICC RE URE -g J ' 7.-IIS E`PC J OF PATI 0.: ; ,. > p 1 ,.y'y s ROPCSED RAIL P'J 1TE ` 9t n;- •.. MNN ILL ,RAE,IG` .Jc * a... -..N; .PPRCEINETELY 12 KI0 y s` • sk _ X355 J . .' i 6 nu , ° ap ti,t.'_ ^asa L*a SAY ' " ' ,.---..'. • . --'..- .-__;-: - ......:'.? --,•••',.....• --...... •.:'...'' ,..:•-• ....„-,4p ,'„t• . ,- - 1,.:, ,,....-, ` I r l l- 1 1 yy e it ;f f # .aK , _ r )J.. - a,la. dd iil`"i 1 iJ I i TRAIL S ate,. 1 i`d: 3 (CO CEP_ J - Dean Iorfida From: Dean Iorfida Sent: Tuesday, June 23, 2015 12:23 PM To: Victor Pietrangelo; Teresa Fabbro Cc: Dean Iorfida; CouncilMembers; Ken Todd; Kathy Moldenhauer Subject: RE: Millenium Trail Vic: I will put the information in the Council packages this evening. Council's direction on the Millennium Trail primarily emanated from a meeting in September 2005. Minutes attached. It is someone convoluted to follow, as the Phases have not been numbered geographically. Phase 1 -the phase from McLeod to Lundy's Lane was already established and approved in 2005. Phase 2- is the phase south of McLeod Road, which would eventually connect to a proposed trail along the Welland River. There was opposition the trail being along the east side of the hydro corridor, behind Ronnie crescent and Redhaven homes. As a result, Council approved Phase 2 along the west side. The approval would require a bridge over the hydro canal, The Council, of the day, put a cap on the cost of the bridge at$350,000. Phase 3 - is the Phase from Thorold Stone to Whirlpool Road. Phase 3 was approved. There is a report on tonight's agenda related to a Tender award related to Phase 3. Phase 4-is the Phase from Morrison to Thorold Stone a.k.a.the Paisley Janvary-Pool trail. Completed. Phase 5 - is the Dorchester to Morrison/Drummond section. There was opposition the trail being behind Carolyn Avenue etc. As a result, a motion was defeated to have this section along the hydro corridor. A motion to approve "Option 2" passed. Option 2 was to have the trail along the municipal roads, sidewalks, through Carolyn Park etc. The idea was that there would be trail blazing signage. Nothing has been done related to this phase. Phase 6- is the phase between Lundy's Lane to Royal Manor/ Dorchester. Similar opposition to this phase despite substantial setbacks from abutting homes. Motion to develop Phase along the hydro corridor defeated. No subsequent motion related to Phase 6. It should be noted that Council's 2015-2018 Priorities state the following: Continue the implementation of the Strategic Plan for the Provision of Parks, Recreation, Arts&Culture including development of the City-wide trail system Continue to implement Trails Master Plan and Active Transportation Master Plan by improving the trail network and including bike lanes Develop way finding system for City trails Thanks Dean PDF MillenniumTrail... Original Message From: Victor Pietrangelo Sent: Tuesday,June 23, 2015 8:35 AM To: Dean lorfida; Teresa Fabbro Subject: Millenium Trail Hey Guys. I was wondering if you could find for me the last direction from Council in regards to the Millenium Trail. As you both might remember, years ago there were 2 sections that became quite controversial with residents who would back onto the proposed trail. I thought that Council put those sections on hold, and that's why I'm wondering what the last direction was. The reason I'm interested to know now is because an application was made recently for funding to move forward with the section from Lundy's Lane to Morrison Street. If either of you could find something out for me before Council that would be great. Thanks. Vic PDF Mill enniumIrail... Sent from my iPad 2 0,..=_Dmmun;:7 Serices Departme•Jlt R-2003-29 — = & 10',PP.1-.Las Aols'J•9 Street z310 Queen !u/3 Deco 3 0!\! vVe0, \oivvv.city nogararalls on.ce (905) 356-7521 (905) 356-7-404 sk3nOcity (ht, "• 11-7;7,7,:;721-2-c.- ssi: fib b, Tint yConncii ,-'1,-.2.-iblabmri'c, Trail as fbIlisv.-s: Ph,',,sb 2 along Pc-b,-br I'DIJ5 2006. F1-lass isa a7:7‘,i3tirlpool aa a 200,6 Cals,iLal Csrisr,:i_Loio,si -2) Selbc-l. CCC Cl J&CCscr_lb.i)s 32 CDchciibsitsC9C CC 7 Ln ?h)ilsc 3 .32 of Lanc cs: Falls ,1sb Ei..r.)_ s Trail, This ihsee'iiiJ-4 5:31171 Pa'.a: "Sybriibration ala•aia 214 ins) .ssisub Jo : on on as: sHib, 301-ICL-1 i)sfibiTibbis of Cotincil ml a 1.T.J_,Irhisb..-1- thb A 1c C135 it. 31,271-17:-1 of =',:3 close 2 .5:2/6 73'; 000ue spoi<itt) mSprbscrii:bd Jam :aor irhost tn ihclibatihg au: T:qj H 2am ace1 I 12 ar 53°0 ini,-licaitd our bi-c, nal 27[1-ut roLioicipal 3 "c9 oiks ecreacioo 3LIS/17235 pei/e/OP/71e(Tt 8u1lc;o9 I 3y-La,,v SeciiCa5 . cNicniuci I , LUJO -L- K-LUUO-LV Trail. There were three ballots containing no recommendation and one ballot recommending in favour and opposed. Staff cannot recall another community meeting which generated this much public interest. The City's Trails &Bikeway Committee gathered signatures of more than 2,000 people in support of further development of the Millennium Trail. The City received more than a dozen letters from groups and citizens in support of the Trail. There were several letters to the Editor of the Niagara Falls Review both in support and opposed to the continuation of the trail. A group opposing the continuation of the Millennium Trail has submitted a petition with more than 1,000 signatures. A package of all submissions has been included in the Council package. A decision on the Millennium Trail was originally scheduled for May 30, 2005. Those people attending the Public Meeting in April were informed of the deferral and have been renotified of the issue returning to Council on September 19, 2005. Planning Documents and Connection to the Niagara Parks Commission Recreational Trail As explained at the Public Meeting, both the City's Official Plan and the Strategic Plan for the Provision of Parks, Recreation, Arts and Culture recommend that trails be developed as linkages to residential areas,parks,schools,shopping areas and other community facilities. A third document - The Trails and Bikeway Master Plan - outlines how these linkages could be accomplished by mapping a system of interconnecting off road trails or linear parks throughout the City. The Millennium Trail is shown as the prime linkage to the Niagara Parks Commission's Recreational Trail at both the northerly and southerly end. The Millennium Trail has been approved by the Region's Welland Canal Parkway Committee as an alternative route to the Niagara Parks Commission Recreational Trail. Meetings have been held with the Niagara Parks Commission staff to discuss the future connections. City Council has also established priorities as part of their vision for this term of Council and the development of recreational facilities and particularly,recreational trails were supported. The development of recreational trails has become an integral part of many municipal operations across the Province. Trails are seen as low cost recreational facilities that provide years of leisure recreational opportunities for people of all ages and abilities. Unfortunately, the City of Niagara Falls has fallen behind many municipalities of similar size with respect to providing recreational trails. Development Options There are basically, three (3) development options. The options are: 1. to build the entire Millennium Trail from the north to the south as originally envisioned; 2. to build a portion of the Millennium Trail along the Power Canal and a portion on road; or, 3. not to build any further phases of the Millennium Trail. If Council supports the continuation of the Millennium Trail, staff wishes to provide the following list of recommendations for Council's consideration: • that the trail be constructed of asphalt along the entire length of the Power Canal and as far September 19, 2005 -3 - R-2005-29 as possible away from any resident's rear property boundary; • that a resident committee be formed for all phases that abut residential property to provide input into the type of fence that will be constructed and to develop landscape enhancement plans in order to address the privacy issues raised by the area residents; • that the City covers the cost of gate installation, berm construction and the planting of additional trees and shrubs which may be requested by the resident committees; • that the cost of trail development for 2006 be referred to the Capital Construction Budget; • that Phase 2 - south of McLeod Road (on the east side of the Power Canal) and the Phase 6 -north of Royal Manor to Dorchester Road (on the west side of the Power Canal) be developed as soon as possible (approximate cost of$475,000); • that one of three options be selected for Phase 5 - Drummond Road to Dorchester Road for 2006; • that Phase 4 - Thorold Stone to Morrison and Phase 3 - Thorold Stone to Whirlpool Road be developed in 2006; • that portable washrooms for trail users be provided where the trail abuts existing parkland or at appropriate locations; • that small parking lots be developed at appropriate and needed locations; and • that staff continues to monitor the use of the trail. Trails & Bikeway Committee Working toward the completion of the Millennium Trail has been part of the Trails & Bikeway Committee's work program for the past five years. At their meeting of September 1, 2005, the Committee approved a motion that rejects all options other than what is in the Trails & Bikeway Master Plan. The original Millennium Trail route is outlined in pink on the attached maps. Future Proposed Phases of the Millennium Trail The following is a more detailed description of each of the proposed phases and the various measures that can be implemented in order to ensure minimal impact on the privacy of the area residents. Maps are also attached for each of the proposed phases. Proposed Phase 2 There has been considerable debate over the past four years as to whether the Millennium Trail south of McLeod Road should be constructed on the east or west side of the Power Canal. In June 2004, City Council approved the development of the trail on the west side of the Power Canal which included the expenditure of approximately $350,000 (the cost is now expected to be greater than $400,000)for a pedestrian bridge to connect with the east side of the canal. In a letter dated October 22, 2004, from Ontario Power Generation, staff was advised that there was a possibility of a new canal to deal with the water fluctuation of the Welland River and that the City should discontinue plans to construct Phase 2, as well as the pedestrian bridge on the west side of the Power Canal. For Phase 2, there are three options for Council's consideration. Option 1 - Staff and the Trails & Bikeway Committee are recommending that Phase 2 be constructed along the east side of the Power Canal. There are some 37 residential homes along JepLci11UC1 1.71 LVUU -4- IC-LW-SU-4V Ronnie and Redhaven Crescents that back onto the Power Canal property. In this section, the proposed trail would be located some 60 feet away from their rear property boundaries. Sufficient buffer space exists in this area to ensure privacy. It is recommended that a resident committee be formed to provide input into the preferable fencing and landscape treatment. Option 2 - A costlier option is to construct the trail on the west side of the Power Canal. As explained previously,this option would require construction of a pedestrian bridge to connect to the east side. The estimated cost is approximately$400,000. Ontario Power Generation has verbally indicated that they would provide permission for the bridge construction. However,the City would have to agree to assume the financial risk (removal of the bridge and trail replacement) if construction of the second canal proceeds. Option 3 -Travel along city streets from McLeod Road to Jubilee Drive to Dorchester Road. This is the least preferred option of both staff and the Members of the Trail&Bikeway Committee as it would no longer be an off road trail. Proposed Phases 3 & 4 Phases 3 and 4 of the Millennium Trail are located at the extreme north end of the City and will connect to Whirlpool Road and the Niagara Parks Commission's Recreational Trail. Phase 3 is from Whirlpool Road to Thorold Stone Road and Phase 4 is from Thorold Stone Road to Morrison Street. There are some five (5) homes along Portage Road that back onto the Power Canal property close to Morrison Street. The elevation of the lots prohibits view of the Power Canal lands. A resident committee is not being recommended in these two phases. Proposed Phase 5 Phase 5 is from Drummond Road to Dorchester Road. There are 38 homes (including townhouses) and Carolyn Park that back onto the Power Canal lands. The streets that would be impacted in this area are:Dorchester Road,Woodside Avenue,Carisa Court,and Carolyn Avenue. It is the westerly section where the proposed trail would be the closest to the residential properties. The setback of the trail from the properties along the westerly section will vary from 10 to 20 feet while most of the trail east of Carolyn Park would be more than 40 feet from the residential properties. A gravel road exists along a large portion of the westerly section of the power canal lands which provides vehicular access to a Regional pumping station Staff was requested to look at a development route that would move the trail closer to the Power Canal at the westerly portion and involve cutting into the embankment and traveling close to the pumping station. Staff detected a strong unpleasant odour from this pumping station which would make it an undesirable option. A review of preliminary costs indicates that it would cost approximately $350,000. This construction would only improve the privacy of the townhouse development near Dorchester Road. The Region has been contacted regarding this option and they would require enhanced security fencing around the pumping station. Staff was also requested to investigate the shifting of the proposed trail in the centre section away from the residents and closer to the power canal. This would be difficult to achieve because of the topography in the area. It was suggested that the trail outlet into Carolyn Park and travel along Carolyn Avenue and out to Morrison Street via Burdette Drive. Due to the cost of construction, cutting into the embankment and the odour from the pumping station, staff would discourage this option. There are three options that can be considered to encourage a continuous linkage of the Millennium September 19, 2005 -5 - R-2005-29 Trail and they are highlighted as follows: Option 1 - Travel along Dorchester Road over Highway 420, down a pathway and along the northwest side of the power canal as originally planned. This is the recommended route. There is a modified version as noted above involving the construction into the embankment to bypass a townhouse development, but this is discouraged because of the high cost. Option 2 - Travel along Dorchester Road over Highway 420 to Dawson Street. Travel along Dawson Street through Carolyn Park,along Carolyn Avenue and Burdette Drive to Morrison Street. With this option, it is recommended that improvements be carried out along the east side of Dorchester Road to Dawson Street, placement of a trail through Carolyn Park and adding an entrance/exit feature at Burdette Drive and Morrison Street. This is the next preferred option to Option 1. Option 3 -TraveI along Dorchester Road over Highway 420 to a walkway connecting the southeast side of the power canal. Travel along the power canal to Drummond Road. This option would involve the removal of a large number of trees along the power canal and a closer inspection of the table land available for a trail. There are also a number of residents who back onto the power canal in this area. Proposed Phase 6 Phase 6 is from Lundy's Lane to Royal Manor Drive near Dorchester Road. There are 21 homes that back onto the Power Canal lands and Royal Manor Park consists of a third of this portion of the trail. The streets that would be largely impacted are Strathmore and Windsor Crescents. The setbacks from the rear property line of most of the residential properties to the proposed trail would be more than 70 feet. There are 5 or 6 homes northeast of Royal Manor Park where the trail would be 25 to 30 feet from the residential properties. Sufficient room exists to swing the trail further away by removing existing vegetation and a landscape enhancement program which would be determined by the resident committee. Committees of City Council The issue of the development of the Millennium Trail has been debated by a number of the volunteer Committees that have been established to advise Council on various matters. Five (5) City Committees wish to advise Members of Council that they have passed motions in support of the continuation of the Millennium Trail. • Mayors Disability Advisory Committee • Mayors Youth Advisory Committee • Park in the City Committee • Recreation Committee • Trails & Bikeway Committee Issues Many of the people opposed to the trail are those who would back onto Hydro property. Research that has been carried out indicates that the fears from many of the owners such as increased crime, litter and decrease in property values do not materialize. Potential impacts on privacy can be addressed through increased landscaping and fencing. 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"s .5s _ar_ .1r k ia m f s r ` . ti n' a,, x4S i t$+ ' d3 4.4'-'-'4,,, gg .k 417k4 • ,x40 Z. -3- September 19,2005 Future Development of the Millennium Trail R-2005-29-Chief Administrative Officer-Future Development of the Millennium Trail The report recommends that Council support the development of the Millennium Trail as follows: a) Phase 2 along the east side of the Power Canal south of McLeod Road in 2005/2006. b)Phases 3 and 4 north of Morrison Street to Whirlpool Road,refer to 2006 Capital Construction Budget(CCB) c) Select one of three options for Phase 5 between Dorchester Road and Drummond Road, refer to 2006(CCB) d) Phase 6 north of Lundy's Lane to Royal Manor Drive, refer to 2006(CCB). The City Clerk advised that ads were placed in the Niagara Falls Review, Niagara This Week and Niagara News asking that anyone wishing to appear as a deputation, register in writing by the end of the business day on September 9`h, 2005. John Anstruther, Chair of the Trails and Bikeway Committee stated that the Trails and Bikeway Committee is in support of the completion of the Millennium Trail as originally envisioned;from end to end and not"on road". He felt that approval of the trail would show vision by the Council. Mr.Anstruther gave the opinion that any opposition expressed had fallen prey to the NIMBY(not in my backyard syndrome) principle. Julie Dunseith was disappointed that the matter of the trail south of MacLeod Road continued to come back time and time again. She felt safety concerns if the trail was to run behind her backyard. Mary Dion who was representing the membership of the Get Fitters of the Coronation Centre advised Council of the health benefits of the trail. She also pointed out the success of trails in other municipalities and that security concerns exist today without the trail. Trudy Wiken who resides on Ronnie Crescent stated that she was opposed to this trail because it would impinge with her privacy. She felt there were other walking options in the community. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that the recommendation be approved as follows: a) Phase 2 along the east side of the Power Canal south of MacLeod Road in 2005/2006. b) Phases 3 and 4 north of Morrison Street to Whirlpool Road, be referred to 2006 Capital Construction Budget(CCB) c)Option 1-Travel along Dorchester Road over Highway 420,down a pathway and along the northwest side of the power canal as originally planned, for Phase 5 between Dorchester Road and Drummond Road, be referred to 2006(CCB). d)Phase 6 north of Lundy's Lane to Royal Manor Drive,be referred to 2006(CCB). Alderman loannoni requested that the recommendations be split and voted on as four separate recommendations. if - -4- September 19,2005 a)That Council approve the development of Phase 2 of the Millennium Trail along the east side of the Power Canal south of MacLeod Road in 2005/2006. Alderman Campbell AYE Alderman Diodati AYE Alderman loannoni NAY Alderman Kerrio NAY Alderman Morocco AYE Alderman Pietrangelo NAY Alderman Volpatti AYE Alderman Wing NAY Mayor Ted Salci NAY Motion defeated b)That Council approve the development of Phases 3 and 4 of the Millennium Trail north of Morrison Street to Whirlpool Road and that the phases be referred to the 2006 Capital Construction Budget(CCB) Alderman Campbell NAY Alderman Diodati AYE Alderman loannoni AYE Alderman Kerrio AYE Alderman Morocco AYE Alderman Pietrangelo AYE Alderman Volpatti NAY Alderman Wing AYE Mayor Ted Salci AYE Motion carried c)That Council approve Option 1, along the Power Canal,for Phase 5 of the Millennium Trail between Dorchester Road and Drummond Road and that this phase be referred to the 2006(CCB). Alderman Campbell NAY Alderman Diodati AYE Alderman loannoni NAY Alderman Kerrio NAY Alderman Morocco NAY Alderman Pietrangelo NAY Alderman Volpatti NAY Alderman Wing NAY Mayor Ted Salci NAY Motion defeated d) That Council approve the development of Phase 6 of the Millennium Trail north of Lundy's Lane to Royal Manor Drive and that this phase be referred to the 2006(CCB). Alderman Campbell NAY Alderman Diodati AYE Alderman loannoni NAY Alderman Kerrio AYE Alderman Morocco AYE Alderman Pietrangelo NAY Alderman Volpatti NAY Alderman Wing NAY Mayor Ted Salci AYE Motion defeated ORDERED on the motion of Alderman Volpatti,seconded by Alderman Diodati that Council approve the development of Phase 2 of the Millennium Trail along the west side of the Power Canal south of MacLeod Road to be developed as part of the 2006/2007 Capital budget and that the cost of the bridge not to exceed$350,000. Alderman Campbell NAY Alderman Diodati AYE Alderman loannoni NAY Alderman Kerrio AYE Alderman Morocco NAY Alderman Pietrangelo AYE Alderman Volpatti AYE Alderman Wing NAY Mayor Ted Salci AYE Motion carried 11 R -5- September 19,2005 ORDERED on the motion of Alderman Volpatti, seconded by Alderman Morocco that Council approve Option 2, along Carolyn Avenue and Dawson Street, of Phase 5 of the Millennium Trail between Dorchester Road and Drummond Road and that this phase be referred to the 2006 Capital Construction Budget. Alderman Campbell NAY Alderman Diodati NAY Alderman loannoni AYE Alderman Kerrio AYE Alderman Morocco AYE Alderman Pietrangelo AYE Alderman Volpatti AYE Alderman Wing AYE Mayor Ted Salci AYE Motion carried PLANNING MATTERS PD-2005-40-Chief Administrative Officer-Proposed Official Plan Amendment No. 62 Section 37 -Public Benefit Exchange for Increased Height and Density PD-2005-60 -Chief Administrative Officer-Tourism Policy Review Update on Implementation Status ORDERED on the motion of Alderman Volpatti,seconded by Alderman Morocco to have a letter sent to Ms. Italia Gilberti requesting further clarification in regards to comments she made in her correspondence regarding Mr. George Kirkland. Carried Unanimously ORDERED on the motion of Alderman loannoni, seconded by Alderman Kerrio to defer PD-2005-40 and PD-2005-60. Carried Unanimously PD-2005-70-Chief Administrative Officer-Request for Removal of Part Lot Control, Lots 8, 9 and 10, Part of Block 99 and Part of Closed Portion of Domenic Crescent Registered Plan 59M-92,Calaguiro Estates(Phase 2) Applicant: Kybala Ventures Inc. The report recommends that Council approve the request and pass the by-law included in tonight's agenda to designate Lots 8,9 and 10,part of Block 99 and part of the closed portion of Domenic Crescent, Registered Plan 59M-92, as exempt from Part Lot Control; and the applicant be required to notify the City when the separate deeds have been registered. ORDERED on the motion of Alderman Campbell, seconded by Alderman Volpatti that the report be approved as recommended. Carried Unanimously PD-2005-71 - Chief Administrative Officer- Matters Arising from the Municipal Heritage Committee Meeting-August 24, 2005. The report recommends that City Council approve a designated property grant for two-thirds of the eligible costs to replace the front doors of the Nathaniel Dett Memorial Chapel of the BME Church at 5674 Peer Street. ORDERED on the motion of Alderman Wing, seconded by Alderman Campbell that the report be approved as recommended. n R CITY OF NIAGARA FALLS By-law No. 2015 — A by-law to authorize the execution of a Development Agreement with HOCO Limited respecting the development and occupancy of City lands by HOLO Limited. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement dated June 23, 2015, and made between HOCO Limited as the Developer, and The Corporation of the City of Niagara Falls as the City, respecting the development, maintenance and occupancy of City lands adjacent to lands owned by the Developer and subject to a Site Plan Agreement, for a term of ten years, with an option to renew for an additional ten years, 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 twenty-third day of June, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 23, 2015. Second Reading: June 23, 2015. Third Reading: June 23, 2015. THIS AGREEMENT made this 23rd day of June, 2015. BETWEEN: HOCO LIMITED A corporation incorporated pursuant to the laws of Ontario (Hereinafter referred as the "Developer") -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS (Hereinafter referred to as the "City") WHEREAS the City is the owner of the lands illustrated in Schedule "A" to this Agreement (hereinafter referred to as the "City Lands"); AND WHEREAS the Developer is the owner of lands adjacent to the City Lands which will benefit from the beautification and improvement of the City Lands, which lands are described in Schedule "B" to this Agreement, (hereinafter referred to as the "HOCO Lands"); AND WHEREAS the Developer and the City have entered into a Site Plan Agreement (the "Site Plan Agreement") governing the development of the HOCO Lands; AND WHEREAS the Site Plan Agreement contemplates certain improvements located upon the City Lands; AND WHEREAS the development of the HOCO Lands is to be coordinated with improvements to the City Lands, which improvements are to be constructed at the sole expense of the Developer; AND WHEREAS the Site Plan Agreement is dated April 30, 2015, and is registered in the Land Registry Office for the Land Registry Division of Niagara South (No. 59) as Instrument No.SN434787 of that Office; AND WHEREAS the purpose of this Agreement is to permit and govern the occupancy of the City Lands required to implement the Site Plan Agreement; NOW THEREFORE the City and the Developer, in consideration of the mutual covenants and agreements herein contained and other valuable consideration, and subject to the terms and conditions set forth, agree as follows: Grant and Term of License 1 The City grants to the Developer a nonexclusive license to enter and construct the Works upon, and maintain the Works upon, the City Lands, on the terms and conditions set out in this Agreement. 2 2 The license shall be for a term of ten years commencing on July 1, 2015, and ending on June 30, 2025. 3 The City further grants to the Developer a right to renew the license for a period of a further ten years on condition that: a. the Works are installed and maintained in a matter that is acceptable to the Director of Municipal Works for the City, acting reasonably; and b. the Developer indicates its intention to renew the license a minimum of 60 days before the end of the initial ten year term. 4 During the renewal term, if any, all the terms of the license shall remain the same save for there shall be no further right of renewal. Construction, Maintenance and Cost of the Works 5 For the purposes of this Agreement, the term "the Works" shall refer to the improvements to the City Lands depicted on the drawings attached to the Site Plan Agreement. 6 The Developer shall, at its own cost and expense: a. obtain all necessary approvals, permits and licenses and certificates required to construct and complete the Works; b. construct the Works to the standards prescribed by the City's Director of Municipal Works, acting reasonably, the City's established construction policies, and the drawings attached to the Site Plan Agreement; and c. pay for any minor modifications to existing City infrastructure required to construct the Works. 7 The Developer shall maintain the Works to the standard set by the Director of Municipal Works of the City, acting reasonably. 8 The Developer hereby accepts the City Lands in their condition as of the date hereof and shall not call upon the City to do or pay for any work or supply any equipment to make the City Lands more suitable for construction of the Works by the Developer hereunder. 9 The City shall employ the services of an inspector during the construction of the Works. The Developer shall cooperate with the inspector and provide information requested by the inspector relating to the Works. 10 Defective work as a result of poor workmanship, use of defective material, or damage through carelessness or other act or omission of the Developer, or its contractors, and which has been rejected by the inspector as failing to conform to the plans and specifications described above in subparagraph 6(b) shall be removed promptly from the City Lands by the Developer and replaced or re- executed promptly. 3 11 The Works shall remain at risk of the Developer until accepted as complete by the Director of Municipal Works for the City, acting reasonably. 12 Security to ensure the construction and completion of the Works shall be as provided for in the Site Plan Agreement. 13 The Developer shall comply with all provisions of the Construction Lien Act, R.S.O. 1990, c. C.30, as amended from time to time, (herein called the "Act") and without limiting the generality of the foregoing, shall hold in its possession all statutory holdbacks and any additional funds required to be held by the Act. These holdbacks and funds shall not be disbursed except in accordance with the Act. 14 The Developer shall, at its own expense, within ten days of receiving written notice from the City to do so, pay, discharge, vacate and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens made, brought or registered pursuant to the Act which may affect the City Lands, including public highways, which arise out of the performance of this Agreement by the Developer and its servants, employees, agents and contractors. Indemnity, Release and Remedies 15 The Developer shall indemnify and hold harmless the City from all losses, damages, expenses, actions, causes of action, suits, claims, demands and costs whatsoever which may arise either directly or indirectly by reason of any failure, neglect or refusal by the Developer to comply with the Act, by reason of any action brought against the City pursuant to the Act, and arising out of the performance of this Agreement by the Developer, its servants, employees, agents and contractors. 16 In addition to the remedies provided in the Site Plan Agreement, the City may draw upon any security posted for the Site Plan Agreement to discharge any charge, claim or lien made pursuant to the Act. 17 Nothing in this shall be construed as in any way limiting the remedies available to the City with respect to enforcement of the Site Plan Agreement. In particular, without limiting the generality of the foregoing, it is acknowledged and agreed that the City may draw upon the Letter or Letters of Credit securing performance of the Site Plan Agreement to complete the Works should the Developer default upon completion of the Works. 18 The City shall not be responsible or liable, in any way, for: a. any loss or damage that may happen to the Works, or any part or parts thereof; b. any of the materials or other things used or employed in the finishing or completing the Works, or any part or parts thereof; 4 c: any injury to any person or persons, including workmen and the public, during the construction of the Works, or the maintenance thereof by the Developer, pursuant to the provisions of this Agreement; d damage caused by the storage, handling and use of explosives in conjunction with the Works; e. damage to any roadway, pavement, sidewalk or other property of the City during the construction of the Works or the maintenance thereof by the Developer, pursuant to the provisions of this Agreement; f. damage to the property of any person during the construction of the Works or the maintenance thereof by the Developer, pursuant to the provisions of this Agreement; g. damage caused by the construction operation of the Works; or h, any loss or damage caused by the disposal or escape of surface water from the City Lands and the Developer agrees to indemnify and save harmless the City, its employees, servants and agents from any claim, suit, demand, action, cause of action, and costs arising from either, directly or indirectly, as a consequence of the foregoing, or any other act, failure to act, matter or thing arising, either directly or indirectly, under the provisions of this Agreement or from the presence or use of the Works on the City Lands. 19 Notwithstanding any provisions of this Agreement or the Site Plan Agreement, the City shall not be liable for and no provision of this Agreement is to be construed as imposing upon the City, any liability in respect of any matter or thing arising directly or in directly from the provisions of this Agreement, for any damage to the Developer or to any other person, or to any property of the Developer, or to any person by reason of: a. any inspection carried out by the City or a duly authorized employee or agent of the City under any by-law of the City or otherwise; b. failure by the City or any duly authorized employee or agent of the City to carry out any inspection under any by-law of the City or otherwise; or c. the approval or disapproval of any matter or thing arising directly or indirectly out of the provisions of this Agreement by the City or any duly authorized employee, servant, or agent of the City; and in this connection the Developer agrees to indemnify and forever save harmless the City and its employees, servants and agents from any claim, suit, demand, action cause of action or costs arising either directly or indirectly from this Agreement, the Site Plan Agreement or the existence and ongoing maintenance of the Works; 5 Insurance 20 The Developer shall obtain from an insurance company acceptable to the City, insurance coverage in respect of liability for property damage and personal injury. Such policy or policies shall: a. name the City as an additional insured person; b. provide insurance coverage in the amount of $5 million ($5,000,000) per occurrence; and c. be in force and continue to be in force throughout the term and any renewal thereof. 21 Prior to the commencement of the Works, the Developer shall deposit with the City a certificate of insurance in a form acceptable to the City Solicitor certifying that the insurance as required by the preceding paragraph set out above, has been obtained and is in force. The Developer shall file a renewal certificate with the City not later than one month before the expiry date of any policy proposal provided pursuant to this Agreement. In the event that such renewal certificate is not received, the City shall be entitled to either renew the policy at the expense of the Developer or to order that all Work on the City Lands cease, until the policy is renewed. The issuance of such a policy of insurance shall not be construed as relieving the Developer from responsibility for other or larger claims, if any, for which it may be held responsible. General 22 Every provision of this Agreement by which the Developer is obligated in any way is to be deemed to include the words at the expense of the Developer, unless such provision expressly provides to the contrary. 23 If, at any time during the continuance of this Agreement, the parties shall deem it necessary or expedient to make any alteration, addition or amendment, they may do so by means of written agreement between them, which shall be supplemental to and form part of this Agreement. 24 Whenever the singular or masculine is used in this Agreement, they shall be construed as if the plural or 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 have been made and all covenants hereto contained shall be construed as joint. 25 No party shall assign their respective rights or obligations under this Agreement without prior written consent of the other party, which consent may not be unreasonably withheld. 26 This Agreement shall be governed and construed in accordance with the laws of the Province of Ontario. 6 27 This Agreement and all items contained herein shall continue for the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators successors and permitted assigns and successors in title. 28 Any notice to be given pursuant to this Agreement may be delivered or sent by prepaid first class mail or facsimile transmission to the parties as follows: To the Developer at HOCO Limited 4960 Clifton Hill P.O. Box 60 Niagara Falls, Ontario L2E 6S8 Attention: Harry Oakes, President Telephone: (905) 357-5911 Facsimile: (905) 358-5738 To the City at: 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 business days after the mailing thereof or if sent by facsimile transmission, on the date the facsimile transmission was sent. 29 Any condoning, excusing or overlooking by any party of any default, breach or non-observance by any other party at any time or times in respect of any covenant, agreement or condition herein contained shall not affect in any way that party's rights in respect of any subsequent default, breach or nonobservance. 30 Any dispute between the parties even with respect to the interpretation of any provision of this Agreement, or with respect to any other matter which is specified in this Agreement, will be resolved as specified in this section, as follows: a. upon the written request of either party, the party's respective nominees will meet for the purpose of attempting to resolve the dispute. For these purposes, the nominees shall be defined as the Director of Municipal Works for the City and the President of the Developer. The nominees will discuss the problem and negotiate in good faith an effort to resolve the dispute without the necessity of any formal proceeding relating thereto; and 7 b if the dispute cannot be resolved in accordance with the preceding subsection, the parties agree to submit such dispute for final and binding arbitration in accordance with the Arbitration Act, 1991, S.O. 1991, c. 17. 31 The parties hereto disclaim any intention to create a partnership between them or to constitute any of them the agent of the other or to create any fiduciary relationship between them. Nothing in this Agreement shall constitute the parties being construed as partners or agents of one another, nor, except as may be expressive but in this Agreement, constitute any of them as the agent of the other party. 32 There are no covenants, representations, warranties, agreements or conditions expressed or implied relating to this Agreement except as expressly set out in this Agreement and the schedules attached hereto. This Agreement may not be modified except by an agreement in writing executed by the parties hereto. 33 If any provision of this Agreement is declared illegal or unenforceable by competent authority, it shall be considered separate and severable from the remaining provisions, which shall remain in force and be binding upon the parties hereto. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. HOCO LIMITED Per: ' )t) Name: t-1 .4.)• O c e Title: "471. Name: Title: I/We have authority to bind the Corporation THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida, City Clerk OD_____ _----______ ----,-_-:•._:___,_---___--- - ----' : /".----------- ': ' — — or...-____-7____ -.. 0 ! ...._.___........ , -- I -------, / 1 4 _ M II CUFTON HILL ;/ r.r , -------, 4... ._._, ; , 02 I • , = , -- - • ,... - I a / _ ---- /7/...aselcar. Aittn.qa.i.7-'7,77 _ .....-.1•7- . , .....! ; . • I i . - / iZ E _ . , • j rir , p m , xt.. @,..4 , , .., \ 0•11P OOP 7 I CC . I -. -`7-........„. i i ---.• ,i I i' ,9? ... j• f t ,0 0 _. C4 g LI - 411/10 i le .. L ,' ......„., ,.. ---- 41:i . --, ..'"." ...<...7 .-......„..., : , I ------M ii. tr_ I - 8.,,,,, I , 4_ . , #9 , , , -.... ili 0 ' ..._ '"" 7, * \ • 9*..,, ' ' ,If // i . e \ 4 / i i I I 1 '7 / ' k / VII' I I / ...,.,77 uj Al f:1 ...._ - 1F- ' ' ' , r,410. .._ ,,„:„.-,--- 7t,L1 Ca' ., .: % ,dme I -.......„ ......._,..,.... 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' i , i • —,i_t_4.. 1 '1 '. , , , 1 , ..' I -....., ...... • 1 i/ SCHEDULE "B" HOCO Lands: Firstly: Part 35 Plan 59R-14402 of the Land Titles Office of the Land titles Division of Niagara South (No. 59); and Secondly: Lot 16 and Part of Lots 13, 14, 15, 17 and 18, Plan 281, Part of Range 24 and Block 25, Plan 1, Lot 100 and Block 12, Plan 1002, all being Parts 1 to 13 inclusive on Reference Plan 59R-13490; subject to an easement over Parts 2 to 6 inclusive, 9 and 11 on Reference Plan 59R-13490 as in Instrument Number RO709200; easement Instrument Number RO709200 released as to Part 1 on Reference Plan 30R-12003 by Instrument Number SN161160; subject to an easement over Part 7 on Reference Plan 59R-13490 as in Instrument Number SN161145; City of Niagara Falls, Regional Municipality of Niagara, being PIN 64460-0059 (LT). CITY OF NIAGARA FALLS By-law No. 2015 — A by-law to authorize the execution of a Licence Agreement with HOCO Limited respecting the granting of a right of way over City lands for access to the entertainment facilities located upon the lands owned by HOCO Limited. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1 . A Licence Agreement dated June 23, 2015, and made between The Corporation of the City of Niagara Falls as the Licensor, and HOCO Limited as the Licensee, respecting the granting of a right of way over City lands for the use by pedestrians, cyclists, passenger and commercial vehicles traveling to and from the attractions and related entertainment facilities located on lands owned by the Licensee, for a term of ten years, with an option to renew for an additional ten years, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Agreement. Passed this twenty-third day of June, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 23, 2015. Second Reading: June 23, 2015. Third Reading: June 23, 2015. THIS LICENCE AGREEMENT made this 23rd day of June, 2015. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Licensor" OF THE FIRST PART; - and - HOCO LIMITED Hereinafter referred to as the "Licensee" OF THE SECOND PART. WHEREAS the Licensor is the owner of the lands described in Schedule "A" (the "Property") of this Licence Agreement; AND WHEREAS the Licensee is the owner of the lands described in Schedule "B" (the "HOCO Lands") of this Licence Agreement; AND WHEREAS the Licensee desires a right of way over the Property to allow access to persons who wish to attend at the attractions and related entertainment facilities located on the HOCO Lands and to complete certain improvements that are described in a Site Plan Agreement between the Licensor and Licensee dated April 30, 2015, and filed in the Land Registry Office of the Land Registry Division of Niagara South (No.59) as Instrument No. SN434787 of that Office; AND WHEREAS the Council of the Licensor has determined that the granting of such a right of way by way of Licence is appropriate; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to the following terms: 1. Subject to the rights reserved by the Licensor within this Licence Agreement, the Licensor grants to the Licensee, a right of way over the Property for the use by pedestrians, cyclists, passenger and commercial vehicles traveling to and from the attractions and related entertainment facilities located on the HOCO Lands and to complete certain improvements that are described in a Site Plan Agreement between the Licensor and Licensee dated April 30, 2015, and filed in 2 the Land Registry Office of the Land Registry Division of Niagara South (No.59) as Instrument No. SN434787 of that Office. 2. The term of this Agreement (the "Term") shall be for a period of ten years commencing on the 1st day of July, 2015 (the "Commencement Date") and terminating on the 30th day of June, 2025. 3. Provided that the Licensee is not in default under any terms contained in this Licence Agreement, the Licensor shall, upon the written request of the Licensee given to the Licensor not more than six months and not less than three months prior to the expiration of the original term of this Licence Agreement, grant to the Licensee a renewal of this Licence Agreement for a further term of ten years on the same terms and conditions, save and except for any further renewals. 4. The Licensee shall pay the Licensor an annual licence fee in the amount of FIVE THOUSAND DOLLARS ($5,000.00), plus HST, payable in advance on the Commencement Date, 5, The Licence fee described in paragraph 4 to this Licence Agreement shall increase annually by the percentage increase of the Federal Consumer Price All Items Index for the Province, for the year prior to the year in which the licence fee is due or 2.5 % of the current fee, whichever is the lesser. 6. The Licensee hereby accepts the Property in the condition existing as of the date of this Licence Agreement and will not call upon the Licensor to do or pay for any work or supply any equipment to make the Property more suitable for the proposed use by the Licensee hereunder. 7. The Licensee covenants with the Licensor: a. to pay the licence fee as set out in paragraph 4 hereof; b. to pay taxes (including local improvements) and all rates, licence fees and other charges imposed on or with respect to the Property as same become due; c. to use the Property only for the purposes of a right of way for pedestrians, cyclists, passenger and commercial vehicles traveling to and from the attractions and related entertainment facilities located on the HOCO Lands; d. not to build or erect any building or structure of any kind on the Property; e not to change the grade of the Property without the express written consent of the Director of Municipal Works of the Licensor; 3 f. not to make any improvement of any kind to the Property without the express written consent of the Director of Municipal Works of the Licensor; g. to ensure that no refuse, litter, garbage or loose or objectionable material accumulates in or about the Property; h, to ensure that no trees are removed from the Property without the express written consent of the Director of Municipal Works of the Licensor; i. to provide and maintain comprehensive general liability insurance in the minimum amount of Five Million Dollars ($5,000,000.00) with respect to its use of the Property during the full term of this Licence Agreement and any extension thereof, naming the Licensor as an additional insured, and to provide a certificate evidencing same, prior to the execution of this Licence Agreement and as required by the Licensor. Without limiting the generality of the foregoing, such public liability insurance shall contain provisions for cross liability, severability of interests and no cancellation or alterations without the consent of the Licensor; j. not to assign this Licence Agreement without the express written consent of the Licensor, which consent may not be unreasonably withheld; k. to restore the Property to substantially the same condition at the expiry of this Licence Agreement as it was at the commencement of this Licence Agreement; I. to comply with all federal, provincial and municipal laws, rules, regulations and by-laws and to hold the Licensor harmless from the consequences of its failure to do so; m. to affix and maintain such signage as is required by the Licensor for the purpose of indicating that the Property is not a public way and that the right of way provided by this Licence is a temporary right of way; n, that the right of way will not be used for construction vehicles other than those construction vehicles that are required to service the attractions and related entertainment facilities that are located on the HOCO Lands; and o. at all times, to acknowledge and comply with the rights reserved to the Licensor in this Licence Agreement. 8. The Licensee shall, at all times, indemnify and save harmless the Licensor from and against any and all claims, demands, losses, costs, charges, expenses, actions and other proceedings (including those in connections with workers' compensation or any similar or successor arrangement) made, brought against, suffered by or imposed on the Licensor or its property in respect of any failure by 4 the Licensee to fulfill any of its obligations under this Licence Agreement or for any reason whatsoever or in respect of any loss, damage or injury (including injury resulting in death): a. to any person or property (including, without limiting the generality of the foregoing, employees, contractors, agents and property of the Licensor) directly or indirectly arising out of, resulting from, or sustained by reason of the occupation or use of the Property, or any operation in connection therewith or any fixtures or chattels thereon, or b. to any person while on adjoining lands of the Licensor in the course of that person's entry onto or exit from the Property. 9. The Licensor shall not be liable, directly or indirectly, for any personal injuries that may be suffered or sustained by any person who may be on the Property or for any loss of, or damage or injury to, property belonging to the Licensee or any person unless such injury, loss or damage is due to the Licensor's negligence or default or the negligence or default of those for whom the Licensor is in law responsible. 10. The Licensee shall fully indemnify and save harmless the Licensor from and against all construction liens and related costs and other claims in connection with all work performed by or for the Licensee on the Property, and shall promptly remove all registered claims from title. 11. If the Licensee defaults in performing any of its obligations, other than the obligation to pay the licence fee described in paragraph 4 above, under this Licence Agreement, the Licensor shall give written notice to the Licensee of such default giving the Licensee ten days to commence bona fide efforts to remedy such default, failing which the Licensor may terminate this Licence and the Licensee shall then forthwith remove its chattels and fixtures, if any, from the Property and shall restore the Property to the condition in which it was at the commencement of this Licence Agreement. 12. The rights conveyed in this Licence Agreement are subject to the express reservation in favour of the Licensor, of the following rights of entry to the Property: a. the right to enter the Property upon reasonable notice to the Licensee to conduct any business of the Licensor; b. the right to install municipal infrastructure of any description including, without limiting the generality of the foregoing, signs; and 5 c. the right to install, maintain and service any form of infrastructure that is the property of any utility or telecommunications entity that has statutory access to municipal lands. 11 The rights reserved to the Licensor in this Licence Agreement may be exercised by the Licensor, its employees and contractors, and by any utility or telecommunications entity that has statutory access to municipals lands. 14. 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 Licence Agreement contained may be validly and effectually given by mailing the same by prepaid registered post or facsimile transmission, if intended for the Licensor, to: The Corporation of the City of Niagara Falls Attention: Legal Services 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356-7521 Facsimile: (905) 371-2892 and if intended for the Licensee, to: HOCO Limited 4960 Clifton Hill P.O. Box 60 Niagara Falls, Ontario L2E 6S8 Attention: Harry Oakes, President Telephone: (905) 357-5911 Facsimile: (905) 358-5738 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. 15 This Licence Agreement and any schedules hereto constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Licence Agreement other than expressed herein. 16. The recitals to this Licence Agreement form a part of this Licence Agreement. 6 17. Wherever the singular or masculine is used in this Licence Agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to the several as well as joint. IN WITNESS WHEREOF the parties hereto have hereunto executed this Licence Agreement. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per:. James M. Diodati, Mayor Dean lorfida, City Clerk HOCO LIMITED ,- - i Per: Name: Y Title: s -- Name: Title: I/We have authority to bind the Corporation 7 SCHEDULE "A" The Property: Part 36 Plan 59R-14402 of the Land Titles Office of the Land Titles Division of Niagara South (No. 59) 8 SCHEDULE "B" HOCO Lands: Firstly: Part 35 Plan 59R-14402 of the Land Titles Office of the Land titles Division of Niagara South (No. 59); and Secondly: Lot 16 and Part of Lots 13, 14, 15, 17 and 18, Plan 281, Part of Range 24 and Block 25, Plan 1, Lot 100 and Block 12, Plan 1002, all being Parts 1 to 13 inclusive on Reference Plan 59R-13490; subject to an easement over Parts 2 to 6 inclusive, 9 and 11 on Reference Plan 59R-13490 as in Instrument Number R0709200; easement Instrument Number R0709200 released as to Part 1 on Reference Plan 30R-12003 by Instrument Number SN161160; subject to an easement over Part 7 on Reference Plan 59R-13490 as in Instrument Number SN161145; City of Niagara Falls, Regional Municipality of Niagara, being PIN 64460-0059 (LT). CITY OF NIAGARA FALLS By-law No. 2015 — A by-law to authorize the execution of a Sublicence Agreement with Ontario Power Generation Inc. and the Niagara Falls Rowing Club, respecting the consent by Ontario Power Generation Inc. to a sublicence of its licence with the City, of the lands known municipally as George Bukator Park. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Sublicence Agreement dated June 23, 2015, and made between Ontario Power Generation Inc. as OPG, The Corporation of the City of Niagara Falls as the Licensee, and Niagara Falls Rowing Club as the Sublicensee, respecting the granting of a nonexclusive sublicence of lands owned by OPG and licenced to the City, to the Sublicensee, for the construction of a boathouse, floating dock and storage facility and the operation of the Sublicensee's club on the lands municipally known as George Bukator Park, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Sublicence Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Sublicence Agreement. Passed this twenty-third day of June, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 23, 2015. Second Reading: June 23, 2015. Third Reading: June 23, 2015. THIS SUBLICENCE AGREEMENT made this 23rd day of June, 2015. BETWEEN: ONTARIO POWER GENERATION INC. Hereinafter referred to as "OPG" OF THE FIRST PART; - and - THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Licensee" OF THE SECOND PART; - and - NIAGARA FALLS ROWING CLUB Hereinafter referred to as the "Sublicensee" OF THE THIRD PART. WHEREAS OPG and the Licensee entered into a non-exclusive Licence Agreement dated June 1, 2007 (the "Licence"), whereby OPG granted permission to the Licensee to use its Lands, described in Clause 1 (b) of the Licence Agreement and commonly known as George Bukator Park, for the purpose of public recreational use, parking, and the operation of a public boat ramp. AND WHEREAS the Licence, a copy of which is attached hereto as Appendix `'A" to this Agreement, is valid and subsisting; AND WHEREAS the Licensee has asked OPG to consent to a sublicence of the Licence to the Sublicensee for a term concurrent with the remaining term of the existing Licence agreement terminating on June 30th, 2017. AND WHEREAS OPG has agreed to consent to sublicence the Licence to the Sublicensee (the "Sublicence"), subject to the terms and conditions herein set out. NOW THEREFORE in consideration of Two Dollars (S2.00) now paid by each of the parties hereto to each other, the agreements and covenants herein, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows: 1. The parties hereto acknowledge, confiini and agree that the forgoing recitals are true, and that unless otherwise defined herein, defined terms shall have the meaning set out in the Licence. Page 1 of 7 2. The Licensee grants to the Sublicensee a non-exclusive Sublicence for the Lands illustrated in Schedule "A" of the Licence, and OPG consents to the granting of the said Sublicence for the purpose of constructing a boathouse, floating dock, and storage facility on the Lands and for operating the Niagara Falls Rowing Club on the Lands. No other use may be made of any part of the Lands, which has not received prior written approval of OPG. 3. The Sublicence shall commence on June ls`, 2015 (the "Commencement Date"] and expire on the expiration date of the Licence, being June 30th, 2017, unless the Licence and Sublicence are extended by agreement in writing by each of the parties thereto. 4. OPG consents to the Sublicence of the Licence from the Licensee to the Sublicensee as of and from the Commencement Date upon and subject to the following terms and conditions: (a) This consent does not in any way derogate from the rights of OPG under the Licence, nor operate to release the Licensee from its obligations under the Licence as a result of the non-observance or non-performance of all of the terms, covenants and conditions in the Licence on the part of the Licensee therein to be observed and performed (and OPG's rights and remedies arising as a result of any such non-observance or non-performance), and notwithstanding the Sublicence (or any dis-affisiiiance or disclaimer of the Sublicence), the Licensee shall remain liable during the balance of the Term of the Licence for the observance and performance of all of the terms, covenants and conditions contained in the Licence. (b) The Licensee shall inform the Sublicensee of the terms, covenants, and conditions provided in the License and the Licensee shall cause the Sublicensee to observe and perform such tenns, covenants, and conditions in connection with its use of the Lands under this Sublicence. (c) All obligations of the Licensee and the Sublicensee shall be joint and several obligations. (d) For the purposes of the Sublicence, the Licensee will arrange and maintain throughout the teen of the Licence or any extension thereof, commercial general liability insurance, which insurance shall include coverage for bodily injury (including death), and property damage, all on a per occurrence basis with respect to all operations carried out upon the Lands and the Licensee and Sublicensee's use and occupancy of the Lands, with limits for any one occurrence or claim to be not less than ten million dollars CDN ($10,000,000.00). Such insurance shall name OPG as an additional insured party and shall contain a severability of interests and cross-liability clause. (e) The Licensee releases and waives any and all rights and remedies to which it may be entitled at law, in equity or as Licensee under the Licence including, without limitation, the right to apply for relief from forfeiture or to obtain any reassignment of the Licence. Without limiting the generality of the foregoing, and notwithstanding any variations in the Licence, the Licensee hereby waives any Page 2 of 7 right it may have to obtain the benefit of surety or other equitable principles which might affect its liability as hereinbefore referred to. (f) This consent does not constitute a waiver of the necessity for consent to any further transfer of the Licence (which for the purpose of this Agreement includes any assignment, subletting, mortgaging or encumbering of the Licence or parting with or sharing possession of all or any part of the Lands and, if applicable, any Change of Control of the Sublicensee) which must be completed in accordance with the terms of the Licence. If the Sublicensee proposes to effect a further Transfer of the Licence, the terms of the Licence with respect to a transfer shall apply to any such further transfer. (g) This consent is given upon the express understanding that the Licensee and the Sublicensee shall hereafter be jointly and severally responsible for and shall assume all liability and obligation for any and all loss, damage or injury (including death), by reason of fire, accident or otherwise to all persons or property, however arising, as a result of or connected in any way with the Sublicensee's use and occupation of the Lands or that would not have occurred but for OPG consenting to this Sublicence and in consideration of the rights and privileges granted herein, including the Sublicensee's use of the waterways within a 10 kilometre radius from the Lands. The Licensee and Sublicensee hereby release and forever discharge OPG, its subsidiary and affiliated corporations, successors and assigns and all persons acting on its or their behalf, from all claims, actions, demands or other proceedings in respect thereof; and in further consideration of same, the Licensee and Sublicensee hereby agree to indemnify OPG, its subsidiaries, successors and assigns and all persons acting on its or their behalf, from and against all such claims, actions, demands, or other proceedings and all expenses and costs occasioned thereby. The indemnity provided for in this Section 4(f) shall survive termination of the Licence or this Sublicence. (h) OPG shall have all remedies, including without limitation,damages and injunction, available to OPG at law or in equity arising upon any default of the Licensee or Sublicensee under the License or this Sublicence. (i) By giving its consent pursuant to this Agreement, OPG does not hereby acknowledge or approve of any of the terms of the sublicence as between the Licensee and Sublicensee except for the Sublicence of the Licence itself. (j) The Sublicence is deemed not to have been delivered to the Sublicensee by the Licensee until the consent of the OPG has been evidenced by the execution and delivery of this Agreement by OPG to both the Licensee and the Sublicensee. (k) The Sublicensee acknowledges and agrees that: (i) The Sublicensee is accepting possession of the Lands in an"as is"condition as of the Commencement Date of the Sublicence; Page 3 of 7 (ii) The Lands are at the base of the Welland River and such waterway is located near the Hydro Power Canal. The Sublicensee agrees to comply with the requirements of every applicable statute, law, bylaw, regulation, ordinance, requirement, and order in effect during the term of this Sublicence, including any safety protocol required, signed or posted from time to time by OPG, and the Sublicensee shall have safety procedures in place in connection with its use of the waterway. (iii) OPG has no responsibility or liability for making any renovations, alterations or improvements in or to the Lands; and, (iii) All further renovations, alterations or improvements in or to the Lands are the sole responsibility of the Sublicensee and shall be undertaken and completed at the Sublicensee's expense and strictly in accordance with the provisions of the Licence. 5. The parties hereto specifically acknowledge and agree that the general public shall have the unrestricted right to enter upon and access any improvements made to Bukator Park, and the public Boat Launch, and the Lands, at all times, excluding those improvements belonging to the Niagara Falls Rowing Club. 6. Notwithstanding Section 4 above, OPG acknowledges that under the Sublicence, the Sublicensee will be permitted to locate a boat house and floating dock on the Lands. The Sublicensee specifically acknowledges and agrees that at the expiry of the term hereof, the Licensee shall become the sole owner of any improvements to George Bukator Park and the Lands, as described in Schedule "A" of the Licence, excluding those improvements belonging to the Niagara Falls Rowing Club. 7. If the Sublicensee is in default of any of its obligations under this Sublicence Agreement or any applicable provisions of the Licence, and such default has not been remedied within 30 days after written notice specifying the default has been delivered by OPG to the Sublicensee or the Licensee, or in the case of failure to maintain required insurance, within 3 business days after written notice specifying the defaulted has been delivered by OPG to the Sublicensee or the Licensee, or in the case of a default which is or is likely to affect the operations, maintenance, or construction of OPG work or property, within 24 hours after written notice specifying the defaulted has been delivered by OPG to the Sublicensee or the Licensee, then OPG shall have the right, at its option, to reenter or to cancel and terminate this Sublicence with or without reentry, by giving the Sublicensee not less than 10 days notice of cancellation and termination. 8. Everything contained in this Sublicence Agreement shall extend to and be binding upon the respective successors and assign of each party to the Sublicence Agreement. 9. The provisions of this Sublicence Agreement shall be read with all grammatical and gender changes necessary. (signature page tofollow) Page 4 of 7 IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. ONTARIO POWER GENERATION INC. Per: Name: Talitha Laurenson Title: Real Estate Consultant I have the authority to bind the Corporation. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: Name: Title: I have the authority to bind the Corporation. Per: Name: Title: I have the authority to bind the Corporation. NIAGARA FALLS ROWING CLUB Per: / ' (7/4/--,—,_,/ -- Name: , ./1,--d,--,7, ;--C,.,,', Title: - S CLc,,` t Per: (.. L‘/7, Name: ti,./,,,, ,i-,..„.,,,,, _z V b ; f=z- `. Title: '"-' Page 5 of 7 Schedule 'A' The Licence Page 6 of 7 OPG CONFIDENTIAL P 9 0 1 6 5 LICENCE AGREEMENT This non-exclusive Licence agreement made in duplicate this 1.s`day of June 2007. BETWEEN: ONTARIO POWER GENERATION INC., a corporation existing under the laws of Ontario (hereinafter referred to as"OPG") OF THE FIRST PART, -and- THE CORPORATION OF THE CITY OF NIAGARA FALLS., a corporation existing under the laws of Ontario (hereinafter referred to as"The City") OF THE SECOND PART. RECITALS: A. OPG is the owner of the Lands defined below. B. The City has requested to license the Lands on a non-exclusive basis for recreational trail purposes and operating on the Lands a boat ramp(s)and motor vehicle parking lot(s). C. This Licence Agreement cancels and supersedes a Licence Agreement dated on the day of July 1982 for a term of 25 years between Ontario Hydro and the Corporation of the City of Niagara Falls NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the mutual covenants and agreements herein contained the parties hereto covenant and agree as follows: 1. DEFINITIONS For the purposes of this Licence,the following definitions shall apply: (a) "Sketch" means the general site sketch illustrating thereon the Lands being the subject of this Licence as outlined in red shaded in yellow being Schedule 'A' attached hereto and forming part of this Licence. (b) "Lands" means Part of 212, 213, 214, 215, 216, 217 and 218 in the Township of Stamford, now the City of Niagara Falls, in the Regional Municipality of Niagara consisting of approximately 30.898 acres and comprised of those lands shown in yellow on Schedule"A"and commonly known as George Bukator Park. Page 1 of 11 P90165a (d) "OPG Works" means all structures and equipment wherever located,owned or used by OPG in connection with the generation, transmission, distribution or sale of electricity including, without limitation, all transmission lines (including buried cables and wires), towers, poles,guys, anchors and transformers(including pad mounted transformers, and communication structures and equipment). • (g) "Requirements of Environmental Law"means all requirements of the common law or environmental, health or safety statutes, regulations, rules, policies, ordinances, orders, approvals, notices, permits or directives of any federal, provincial or local judicial, regulatory or administrative agency, board or governmental authority, and OPG safety guidelines and the Canada Standards Association Standard- 22.3 relating to the Lands, and this Licence and the intended uses thereof including, but not limited to, all requirements imposed by the common law or any statute, regulation, rule, policy, ordinance,order,approval,notice,permit or directive which relate to: (i) pollution or protection of the air,surface water,ground water or land; (ii) noise; (iii) solid, gaseous or liquid waste generation, handling, treatment, storage, disposal or transportation; (iv) exposure to hazardous or toxic substances;or (v) applicable requirements of all federal,provincial or local environmental,health or safety laws (vi) "Term"has meaning as set out in section 2.of this Licence. YIELDING AND PAYING therefore a Land Use Charge in the amount of Two($2.00)dollars (the receipt and sufficiency of which is hereby acknowledged),the parties agree as follows: 2. TERM AND LAND USE CHARGE In consideration of the Land Use Charge reserved and the covenants and agreements herein, OPG grants permission by the way of Licence to the City to use the Lands, subject to the terms and conditions of this Licence and all existing encumbrances, commencing on July 1n , 2007 and terminating on June 30,2017 (the Term). Save as otherwise provided for in this Licence, this Licence may be terminated by either party hereto at any time upon six(6)months written notice. 3. USE It is a condition of the granting of this non-exclusive Licence and of the exercise of the rights and privileges hereunder granted, that the Lands, together with all facilities of ingress and egress be used for the sole purposes of public recreational use,parking and boat ramp purposes. For greater clarity, the purposes of this Licence, the parking of motor vehicles shall mean parking only in connection with the use of the Lands for public recreational purposes and operating and/or maintaining a public boat ramp(s). There are no further uses granted. No other use may be made of any part of the Lands, which has not received the prior written approval of OPG. Without limiting the generality of the foregoing, specific uses for which OPG shall be deemed not to be unreasonably withholding its consent in the event of OPG refusing to Page 2 of 11 P90165i give its approval include any uses, whether temporary or not, that in the opinion of OPG are associated with the accumulation or piling of garbage, soil or any other substance or material and any use which in the sole opinion of OPG constitutes a public hazard or nuisance,or a danger or impediment to the effective and efficient operations of OPG or OPG Works. 4. THE CITYS COVENANTS The City hereby covenants with OPG as follows: (a) to pay the Land Use Charge hereby reserved in the manner and on the day specified herein; (b) to pay to OPG on demand, all business taxes, realty taxes, local improvement rates and any and all other assessments levied in connection with The City's improvements to the Lands,The City's use, occupancy thereof or operations therefrom; specifically, the City shall pay to OPG during the term of this Agreement, and within a reasonable period of time after demand thereof, an amount equal to all amounts paid or payable by OPG on account of any realty taxes or grants or payments in lieu thereof, rates, fees or other assessments or payments in lieu thereof, that are attributable to the Lands (the "Realty Taxes"). The City acknowledges and agrees that(i)the Realty Taxes shall be determined by OPG by applying the City's proportionate share to the total amounts paid or payable by OPG for the lands assigned assessment roll number. (c) to permit OPG and its agents at all reasonable times to enter and view the condition of the Lands,and to promptly alter,repair,restore and maintain them to the satisfaction of OPG in accordance with notice to do so given by OPG or its agents; (d) to comply satisfactorily with all instructions of OPG's inspectors including without limitation instructions to halt business and operations if,in the opinion of such inspectors, the OPG Works or the safe or efficient operation thereof or access thereto may be interfered with or the safety of the public may be in jeopardy; (f) to erect traffic controls on the Lands if requested by OPG; (g) not to operate or permit to be operated vehicles or other equipment within 10 feet of any OPG Works; and not pile snow or allow snow to be piled on any of OPG's adjoining lands,nor on the Lands such as to result in snow piles exceeding 6 feet in height or being closer than 25 feet to any OPG Works. In the event of The City acting in breach of this condition OPG may remove, or arrange to be removed, any such snow pile, the cost of which work shall be charged by OPG to The City, and The City shall make immediate payment therefore to OPG. (h) not to alter the existing grade, contours, drainage, or water courses, nor apply gravel or asphalt to the Lands,nor erect or construct any building,structure or facility on the Lands, including retaining walls, without first having obtained all required municipal and governmental permits and approvals, and only after submitting detailed plans for the approval of OPG and having obtained OPG's prior consent thereto; (i) to comply with all technical specifications of OPG as OPG may at any time and from time to time require and to ensure all employees and contractors of The City observe same: (j) at it's sole expense to carry out and maintain all improvements, whether or not required by OPG.in a good.substantive and workmanlike manner; (k) Insurance:- i) The City shall obtain and maintain in full force and effect, at its sole cost, throughout the Term and during such other time as the The City occupies or Page 3 of 11 P9 © 165 otherwise is in possession of the Lands or any part of the Lands, the following insurance: "all risks" property insurance covering all property of The City, including property for which it is legally liable, located within the Lands and the Lands, including all contents, The City improvements, inventory, stock-in- trade, furniture and moveable equipment, in an amount of not less than the full replacement cost thereof, with an agreed amount co-insurance clause. Insurance coverage must at a minimum insure the event of fire and other perils covered under Insurance Advisory Organization's Standard Extended Coverage Endorsement, including earthquake, flood and collapse. and showing OPG and any mortgagee of OPG as additional named insured as their respective interests may appear with a waiver of subrogation provided by the underwriter(s). Anyone else designated in writing by OPG shall be additional named insured; H. boiler and machinery insurance on all objects in,on or servicing the Lands, all of which are owned,operated and controlled by the City in the Lands or relating to or serving only the Lands, on a blanket repair or replacement basis including, without limitation, a by-law endorsement and disputed loss provisions, with limits for each accident in an amount not less than the full replacement cost of such objects as well as of any The City improvements and trade fixtures, and such insurance shall also name OPG and any mortgagee of OPG as additional named insured as their respective interests may appear with a waiver of subrogation provided by the underwriter(s). Anyone else designated in writing by OPG shall be additional named insured; III. commercial general liability insurance on an occurrence basis with limits of not less than$5,000,000.00 inclusive for both bodily injury,including death, personal injury and damage to property, including loss of use thereof, for each occurrence.Coverage shall specifically include but not be limited to the following: blanket contractual liability, damage to all property of OPG, including loss of use thereof,pollution liability coverage on at least a sudden and accidental basis,products&completed operations,employer's Liability: non-owned automobile liability; The City's legal liability and, broad form property damage with respect to the City's business,use or occupation of the Lands by the City or any of its servants, agents, contractors or persons for whom the City is in law responsible and showing OPG and any mortgagee of OPG as additional named insured as their respective interests may appear with a severability of interests and a cross-liability clause: IV. automobile liability Insurance.covering all licensed motor vehicles operated by the City, covering bodily injury and property damage liability to a combined inclusive minimum limit of$2,000,000 and mandatory accident benefits;and, V. any other forms of insurance as OPG,acting reasonably,or any mortgagee of OPG,requires from time to time, in amounts and for insurance risks against which a prudent The City would insure. ii) Each of the City's insurance policies will contain,as appropriate: any standard mortgage clauses that may be required by the Mortgagee; H. a waiver of any subrogation rights which the City's insurers would have against OPG or any person for whom OPG is in law responsible; [II. a provision stating that the City's insurance policy will be primary and will not call into contribution any other insurance available to OPG;and Page 4 of I I P9 © 165 IV. a waiver, as respects the interests of OPG and of any Mortgagee, of any provision in any of the City's insurance policies with respect to any breach of any warranties, representations, declarations, or conditions contained in the City's' policies. iii) All policies will be taken out with insurers and be in a form satisfactory to OPG. The City will deliver to OPG prior to the date it occupies the Lands for any purpose either certificates of insurance and/or certified copies of the City's insurance policies. The City will, from time to time, or as required by OPG, furnish to OPG certificates or other evidences acceptable to OPG as to the City's insurance in effect and its renewal or continuation in force. In addition,the City will provide to OPG such evidence as OPG requires describing how the full replacement cost of the City's stock-in-trade, furniture, fixtures, and The City improvements was determined.Failure of OPG to demand such certificate or other evidence of full compliance with these insurance requirements or failure of OPG to identify a deficiency from evidence provided will not be construed as a waiver of the City's obligation to maintain such insurance. The acceptance of delivery by OPG of any certificate of insurance evidencing the required coverage's and limits does not constitute approval or agreement by OPG that the insurance requirements have been met or that the insurance policies shown in the certificates of insurance are in compliance with the requirements. iv) All policies will contain an undertaking by the insurers that no material change, cancellation or termination of any policy will be made unless OPG has received at least 30 days prior notice of the change,delivered according to the provisions of this Licence. v) If the City at any time fails to take out,keep in force or pay the premiums on any insurance as required in this Licence, or if The City fails from time to time to deliver to OPG satisfactory proof of the good standing of any such insurance or the payment of premiums as required in this Licence then OPG will, without prejudice to any of its other rights and remedies under this Licence,have the right. but not the obligation, to place such insurance on behalf of The City. This cost together with all expenses incurred by OPG and an amount equal to 15%of those costs and expenses to cover OPG's overhead and supervision will be paid by The City to OPG upon demand. (1) to repair and maintain the Lands and all improvements in good, substantive condition and to deliver them up in this condition on termination of this Licence; (m) the City shall promptly comply with or conform with the requirements of every applicable statute, law. bylaw, regulation, ordinance, requirement and order from time to time or at any time in force during the term of this Licence and any extensions affecting in any way the maintenance,use or occupation of the Lands. (m)without limiting the generality of the foregoing, at its own expense, to comply with all Requirements of Environmental Law relating to the Lands, or the City's occupancy thereof, including without limitation, respecting the clean-up of unauthorized dumping or remediation of any condition of the Lands,and said building(s)including water,whether or not pre-existing. The City acknowledges having had the opportunity to inspect the Lands prior to entering into this Licence and accepts the Lands"as is,where is". in) the City shall prohibit kite flying and model airplane flying and any other activities which in the opinion of OPG might interfere with the safe and efficient operation of its works or be offensive, annoying or dangerous and shall post signs in suitable locations on the land stating that kite flying and model airplane flying and other activities is prohibited. Page 5 of 1 l 4 (0) the City will maintain,provide upkeep and repair/replace if necessary all facilities operated by the City including retail,washroom,storage,parking areas,walkways,docks or any other structure associated with the City's use of the Lands at their sole expense,and at the request of OPG. (p) the City will design,plant and maintain the exisiting gardens,and all other lawns,and vegetation on the Lands. (q) the City shall prohibit the consumption of alcohol on the Lands by its employees,servants, contractors,agents and other persons,entities and invitees permitted by the City to use the Lands(including the general public). (r) the City will be responsible for any snow removal on the Lands. (s) the City will install and maintain at their sole cost signage indicating the partnership between OPG and the City of Niagara Falls allowing for the City to use the Lands free of any Land Use Charge. The exact wording to be determined by the Niagara Plant Group, Public Affairs. In a prominent location,the signage shall be posted no later than 6 months after the execution of this agreement. S. WASTE AND NUISANCE The City shall not commit or suffer any nuisance,waste or injury to the Lands,and shall not use or permit to be used any part of the Lands in any dangerous,noxious or offensive manner and shall not cause or permit any nuisance in, at or on the Lands which is offensive or an annoyance to OPG or the community. 6. PROTECTIVE INSTALLATIONS In the event OPG considers it necessary that any of the OPG Works be fenced or otherwise protected or made separate, The City shall at its own expense, erect and maintain such fences or other protective installations as OPG may reasonably require. 7. OPG ACTIVITIES OPG may at any time upon reasonable notice (except in an emergency when no notice shall be required), enter the Lands and inspect, install, maintain, repair, replace, remove, alter, relocate or add to any of the OPG Works located thereon and may construct,install, inspect, maintain. repair, replace and remove any new works on the Lands and conduct excavation without liability to The City. For greater certainty. The City acknowledges that OPG shall not be responsible for any damage caused by OPG in the exercise of the above rights to The City's improvements, landscape or business. 8. INCREASE IN OPG'S COSTS If at any time or times the Licence or any of the operations carried out pursuant to this Licence or any improvements made to the Lands by or for the benefit of The City should, in the opinion of OPG acting reasonably, directly or indirectly increase the cost or expense of any of the presently existing OPG Works or any works required by OPG in the future,or the maintenance,construction or operation thereof, The City shall pay to OPG on 30 days'prior written notice, such increase in cost or expense, including without limitation,the cost to OPG of acquiring any additional lands or rights which would not have been required but for the existence of this Licence, or The City's improvements, use or possession of the Lands, The City shall have the option of terminating this Licence within such 30 day notice period, in which event all other provisions of this Licence including without limitation,restoration obligations shall be applicable. Page 6 of 11 p901 5 9. LICENCE SUBJECT TO ENCUMBRANCES AND OPG OPERATIONS This Licence and The City's interest herein shall be subject to all existing leases, Licences and rights of use or occupation which may exist at the date of this Licence, whether or not registered, and OPG may from time to time renew or extend these arrangements or enter into new ones, whether or not with the same parties, and to which new arrangements this Licence shall also be subject, so long as the rights granted thereunder do not interfere unreasonably with The City's occupation. Despite anything to the contrary in this Licence The City acknowledges that OPG in its discretion shall be entitled at any time(s) to permit part(s) of the Lands to be used by it or its permittees (collectively the "Permittees") for further or other purposes, uses,businesses or undertakings (the "Other Uses") of its choice that do not, in the reasonable opinion of OPG, interfere unreasonably with the operations of The City,and to renew,extend,or grant such rights and make and complete such arrangements in this regard with such Permittees as OPG considers necessary or desirable,all at no further expense or condition and without being in default under this Licence or otherwise liable to The City. The City agrees to cooperate and discuss in good faith and in a timely fashion with OPG and such Permittees all proposals,impacts or reasonable requests of OPG or other Permittees at any time(s). Should OPG notify The City at any time(s)that OPG wishes to renew,extend,or grant rights and make arrangements to authorize such Other Uses,The City hereby covenants to accept and consent to each of the same. Should OPG notify The City at any time(s)that OPG considers it necessary,practicable or desirable (a) to at time(s)surrender parts)of the Lands,to give effect to such Other Uses and to better implement OPG's proposed arrangements with any Permittees;and/or (b) to surrender and replace any privileges and permission of The City in respect of this Licence in return for the entering into of a shared-use arrangement amongst OPG, The City and such Permittees,The City shall immediately do so to the reasonable satisfaction of OPG, all without the need of any further expense, compensation or condition of any kind save and except the following: (i) all documentation shall be prepared by and at the expense of OPG; (ii) any replacement agreement is no more onerous to the City than the remaining major terms and conditions contained in this Licence. Despite anything to the contrary in this Licence,The City acknowledges and agrees that the primary use of the Lands is for OPG's operation,and The City's use is secondary to OPG's,and further that The City operations may from time to time be affected by OPG's operations, which shall include but not limited to fluctuation in water levels on the Lands, which in turn may affect The City operations or otherwise interrupts its operations or business. The City releases, indemnities and will save harmless OPG from any and all claims, whether brought by The City or third parties, including business interruption and interruption in use or enjoyment of the Lands. 10.HEIGHT RESTRICTIONS The City shall maintain all vegetation at a height not exceeding 13.5 feet above the grade of the Lands existing prior to entry on the Lands by The City. The City shall ensure that the height of any vehicle, load, accumulation or any object, including attachments and people who may be standing thereon, at a location or locations proximate to the OPG Works,does not exceed 13.5 feet above the existing grade. Page 7 of 11 90165 11.RELEASE&INDEMNITY The City shall assume all liability and obligation for any and all loss,damage or injury(including death), by reason of fire, accident or otherwise to all persons or property,howsoever arising, as a result of or connected in any way with the use and occupation of the Lands or that otherwise would not have occurred but for the granting of this Licence and in consideration of the rights and privileges granted herein,The City does hereby release and forever discharge OPG, its subsidiary and affiliated corporations,successors and assigns and all persons acting on its or their behalf,from all claims,actions,demands or other proceedings in respect thereof;and in further consideration of same, The City hereby agrees to indemnify OPG, its subsidiaries, successors and assigns and all persons acting on its or their behalf, from and against all such claims, actions, demands or other proceedings and all expenses and costs occasioned thereby, its successors and assigns and/or all persons acting on its behalf. 12.REMEDIES OF LICENSOR OPG shall have all remedies, including without limitation, damages and injunction, available to OPG at law or in equity arising upon any default by The City under this Licence. 13.EVENTS OF DEFAULT AND TER.✓IINATION An event of default("Event of Default") shall be deemed to have occurred hereunder if any one or more of the following events occurs: (a) if default is made in the due payment of Land Use Charge or any other monies payable hereunder, and such default is not remedied within 5 days after written notice specifying the default has been delivered by OPG to The City; (b) if default is made by The City in the performance of or compliance with any other covenants,agreements,terms or conditions contained in this Licence,other than those referred to in subparagraph(a)of this paragraph 13,and such default has not been remedied within 30 days after written notice specifying the default has been delivered by OPG to The City,or in the case of failure to obtain or maintain insurance, within 3 business days after written notice specifying the default has been delivered by OPG to The City or in the case of a default which affects, or is likely to affect, the operations, maintenance or construction of the OPG Works, within 24 hours after written notice specifying the default has been delivered by OPG to The City. However, with respect to any such default (other than a failure to obtain or maintain insurance, or a default which affects, or is likely to affect, the operation, maintenance or construction of the OPG Works for which there shall be no extension)which is of a nature that it cannot,with due diligence,be cured within a period of 30 days,an Event of Default shall not be deemed to exist if The City has commenced to cure such default within 20 days after written notice thereof from OPG and so long as The City thereafter proceeds with all due diligence and takes all appropriate action to complete the curing of such default; (c) if The City files a voluntary assignment in bankruptcy or is adjudicated bankrupt or insolvent, or files any petition or answer seeking a reorganization,arrangement, composition, readjustment, liquidation, dissolution or similar relief from creditors under any present or future federal, provincial or other statute, taw or regulation, or seeks or consents to or acquiesces in the appointment of any trustee,receiver or liquidator of The City or of all or of any substantial part of its property, or makes any general assignment for the benefit of creditors,as the case may be; (d) if a petition is filed against The City or any party comprising The City seeking an adjudication of bankruptcy of The City or the reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief from creditors under any present or future federal, provincial or other statute, law or regulation and remains undismissed or unstayed for an aggregate of 90 days(whether or not consecutive), or if a trustee, receiver or Page 8 of 11 liquidator of The City or of all or of any substantial part of its property,is appointed and such appointment remains unvacated or unstayed for an aggregate of 90 days (whether or not consecutive). If any Event of Default occurs,then and in every case and so often as same shall happen,OPG shall have the right, at its option, to reenter or to cancel and terminate this Licence with or without reentry,by giving The City not less than 10 days'notice of cancellation and termination, and upon the expiration of the time fixed in such notice, all rights of The City with respect to the Lands or any part thereof and this Licence shall be absolutely forfeited and shall lapse in the same manner and with the same force and effect as if the expiration of the time fixed in such notice of cancellation and termination were the end of the term including all permitted extensions. 14.NOTICE Except as is otherwise provided in this Agreement, every notice required or permitted under this Licence must be in writing and may be delivered in person, by courier or by fax to the applicable party,as follows: If to the OPG, If to The City, Ontario Power Generation Inc. The City of Niagara Falls 700 University Avenue,H18 E8 4310 Queen Street,P.O Box 1023, Toronto,Ontario MSG 1X6 Niagara Falls,Ontario,L2E 6X5 Attn: Manager,Real Estate Services Attn:Manager,Parks&Cemetery Services Fax: 905-354-7706 Fax:416-592-8115 Or to any other address, fax number or individual that a party designates by notice. Any notice under this Licence, if delivered personally or by courier will be deemed to have been given when actually received, if delivered by fax before 3:00 p.m. on a business day will be deemed to have been delivered on that business day and if delivered by fax after 3:00 p.m.on a business day or on a day which is not a business day will be deemed to be delivered on the next business day. 15.REMOVAL OF INSTALLATIONS AND RESTORATION Upon termination of this Licence for any reason,OPG may require The City at its own expense to remove any of its installations and facilities from the Lands,erect a fence separating the Lands from adjacent lands or from the additional lands of OPG in use by or licenced by OPG to others and restore the Lands to a condition satisfactory to OPG. 16.SURVIVAL OF INDEMNITY The obligations of The City to indemnify OPG pursuant to Section 11. and similar obligations pursuant to other sections of this Licence, shall survive the expiration or other termination of this Licence. 17. ASSIGNING AND SUBLETTING The City shall not enter into, authorize, permit or suffer any assignment,subletting or sublicensing of this Licence or any of the rights or privileges hereunder,nor shall it part with or share possession Page 9 of 11 uJ M t A ►7, . of the Lands. without OPG's prior written consent, which consent may be withheld in OPG's sole discretion. 18.TITLE The City shall not enter into any agreements for the Lands, which would run with the Lands and become an obligation of OPG upon termination or expiry of this Licence without OPG's consent, which consent may be withheld in OPG's absolute and unfettered discretion. 19.NO RELEASE OF LIABILITY No termination or assignment of this Licence, consented to by OPG shall relieve The City of its liability and obligations hereunder and such liability and obligations shall survive any such termination or assignment. 20.GENERAL TERMS The division of this Licence into sections and the insertion of headings are for convenience of reference only and are not to affect the construction or interpretation of this Licence. Words importing the singular include the plural and vice versa. The term"including" means "including without limitation", and the terms "includes"and"included"have similar meanings. This Licence is governed by.and is to be construed and interpreted in accordance with,the laws of Ontario and the laws of Canada applicable in Ontario. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Ontario in respect of any matter relating to this Licence. If any term of this Licence is or becomes illegal, invalid or unenforceable, the illegality, invalidity or unenforceability will be deemed severable and will not affect any other term of this Licence. This Licence constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements, negotiations, discussions, representations, warranties and understandings, whether written or verbal. This Licence enures to the benefit of and binds the parties and their respective successors and assigns. No term of this Licence may be amended or waived except in writing. No failure to exercise, and no delay in exercising, any right or remedy under this Licence will be deemed to be a waiver of that right or remedy. No waiver of any breach of any term of this Licence will be deemed to be a waiver of any subsequent breach of that term. In Witness Whereof the parties have duly executed this Licence. THE CORPORATION OF THE CITY OF NIAGARA FALLS l 36t-Cla.1 f / -- Name: R.T. (Ted) Salci Name: Dea or ida Title: Mayor Title: Cit., Clerk [have the authority to bind the corporation. I have the authority to bind the corporation ONTARIO POWER GENERATION INC. ,400119 Name: /V(4 Ah L /1 Title: ;0,10, Re-t1 t67 tif(i J c/4 f e 9 • 1 have the authority to bind the corporation. Page 10 of 1 l 212 El acle5 5,81 ,109 >. l Schedule 'A' George Bukator Park 215 7.63 A c(25 du P9.46Rl ! 5T. 2.11 DON f4URIC `3T 2i8 51.11141"111% 9,-5 93 aCf¢S n 1 .401111r BRCKpN FRCrJr CON City of Niagara Falls Township of Stamford Licenced Lands • OPG Fee Simple Total Area Licenced: 30.898 acres 4.4 Schedule B Proposed Master Plan, Niagara Rowing Club Page 7 of 7 _PROPOSED 9.O0m WIDE PROPOSED l DOUBLE SWING GATE UGH I POLE (TYP ) PROPOSED CLEARING Ari^- , •. - -:., _ = .= --'l a — PROPOSED 5.00m WIDE DOUBLE SOURCE SWING GATE PROPOSED 0 \ \ -- POST & CABLE kl BARRIER FENCE PROPOSED 12.80x25.50m BUILDING LOCATION EL.173.50m EXISTING PARKING AREA PL PROPOSED WOOD BOLLARD PROPOSED (TYP) PROPOSED GRANULAR ACCESS 5.00m WIDE(ASPHALT MILLINGS) DOUBLE BOLLARD_ PROPOSED SWING GATE FLOATING DOCK -- 12.oG I.eOm WELLAND RIVER 0 5 10 20 PL. 40 GEORGE BUKATOR PARK - NIAGARA FALLS ROWING CLUB Magi DATE: JANUARY 15, 2015 SCALE: N.T.S. DRAWING #: -- REVISION: A Jon 15 , 2015. 11:08am Login name: m333 Drawing Nome. 1:\PLANPNOF\DRUINION0\DIB\PIAN\NF_Ro*Club_\Production Orawtngs\NI NOW CLUB_SNllTARY DESIGN.awg CITY OF NIAGARA FALLS By-law No. 2015 — A by-law to authorize the execution of a Licence Agreement with the Niagara Falls Rowing Club respecting the Club's use and maintenance of lands municipally known as George Bukator Park. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. A Licence Agreement dated June 23, 2015, and made between The Corporation of the City of Niagara Falls as the Licensor, and Niagara Falls Rowing Club as the Licensee, respecting the Licensee's use and maintenance of lands licenced by Ontario Power Generation Inc. to the City, and municipally known as George Bukator Park, for the Licensee's purposes of constructing a boathouse, floating dock and storage facility, and the operation of its Club, for a term slated to expire on June 30, 2017, as attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the said Licence Agreement. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver the said Licence Agreement. Passed this twenty-third day of June, 2015. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: June 23, 2015. Second Reading: June 23, 2015. Third Reading: June 23, 2015. THIS LICENCE AGREEMENT made this 23rd day of June, 2015. BETWEEN: THE CORPORATION OF THE CITY OF NIAGARA FALLS Hereinafter referred to as the "Licensor" - and - NIAGARA FALLS ROWING CLUB Hereinafter referred to as the "Licensee" RECITALS WHEREAS Ontario Power Generation Inc. and the Licensor entered into a Licence Agreement dated June 1, 2007 (the "Licence"), whereby Ontario Power Generation Inc. granted permission to the Sublicensor to use its Lands as described in Clause 1(b) of the Licence, and known municipally as George Bukator Park, for the purposes of public recreational use, parking, and the operation of a public boat ramp; AND WHEREAS Ontario Power Generation Inc., the Licensor and the Licensee entered into a Sublicence Agreement dated June 23, 2015 (the "Sublicence") whereby Ontario Power Generation Inc. consented to the granting of the Sublicence to the Licensee for the use of its Lands as described in Clause 1(b) of the Licence, for the purposes of constructing a boathouse, floating dock and storage facility, and for the operation of the Licensee's club; AND WHEREAS the Licensor and the Licensee have agreed to enter into this License Agreement (the "Licence Agreement") in respect of the Licensee's use and maintenance of the Lands as described in Clause 1(b) of the Licence and described in the Sublicence as illustrated in Schedule "A" of the Licence, ("hereinafter referred to in this Licence Agreement as the "Lands"), for the purposes of constructing a boathouse, floating dock and storage facility, and the operation of the Licensee's club; AND WHEREAS it is the express intent of the parties hereto that the relationship between the parties created by this Licence Agreement is not to be interpreted so as to impose municipal taxation upon the Lands; AND WHEREAS the Licensor and the Licensee acknowledge and agree that the Licensee is a non-profit organization providing a public service that is desirable and in the public interest; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, conditions and agreements hereinafter contained and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 2 GRANT, TERM AND FEE 1, The Licensor grants to the Licensee, the non-exclusive use of the Lands as shown on Schedule "A" attached hereto, for the purposes hereinbefore set forth, for the balance of the term as set out in the Licence, which is slated to expire on June 30, 2017. 2. Notwithstanding the foregoing, in the event that the term of both the Licence and Sublicence are extended by agreement, in writing, be each party thereto, this Licence Agreement shall also be extended for the same concurrent term. In the alternative, in the event that the term of both the Licence and Sublicence are terminated prior to the expiry of same, the term of this Licence Agreement shall also be terminated. 3. The licence granted hereby shall include the right to construct, at the sole expense of the Licensee, a boathouse, storage facility building, together with any exterior structures, signage and floating in-water docks. 4. The Licensee has read the Licence and Sublicence and understands that the right of the Licensor to occupy and sublicense the Lands is entirely dependent upon the Licence and Sublicence and that the Licence and Sublicence can be terminated at the discretion of Ontario Power Generation Inc., who is the owner of the Lands. 5. The Licensee shall pay the Licensor the sum of ONE DOLLAR ($1.00), payable annually in advance, as a licence fee upon the commencement of this Agreement and subsequently on each anniversary date thereof. 6. The Licensee hereby accepts the Lands in the condition existing as of the date of this Licence Agreement and will not call upon the Licensor to do or pay for any work or supply any equipment to make the Lands more suitable for the proposed use by the Licensee hereunder. TERMS OF THE AGREEMENT 7. The Licensee covenants with the Licensor: (a) to pay the licence fee as set out in paragraph 5 hereof; (b) to pay taxes (including local improvements) and all rates, licence fees and other charges imposed on or with respect to the Lands as same become due; (c) to pay for heating and air conditioning of all buildings and structures on the Lands; (d) to pay water rates and charges for gas and electricity; (e) to pay for all telephone charges; 3 (f) to pay for all security services; (g) to be responsible for snow removal from all parking areas; it being understood that this covenant is subject to renegotiation in the event that the Licensor elects to open the parking areas of the Lands in the winter months; (h) to maintain all turf grass areas on the Lands in accordance with the Licensor's municipal minimum maintenance standards; (i) to provide and maintain, at its own expense, portable washrooms and wash stations; (j) to use the Lands only for the purposes of a conducting the operations of its club; (k) not to build or erect any building or structure of any kind on the Lands, save and except for a boathouse, storage facility building, together with any exterior structures, signage and floating in-water docks; the locations of which must be agreed to, in writing, by the Director of Municipal Works of the Licensor, or his designate, acting reasonably; (I) not to pave the Lands; (m) not to change the grade of the Lands without the express written consent of the Director of Municipal Works of the Licensor, or his designate; (n) not to make any improvement of any kind to the Lands without the express written consent of the Director of Municipal Works of the Licensor, or his designate; (o) to ensure that no refuse, litter, garbage or loose or objectionable material accumulates in or about the Lands in accordance with municipal maintenance standards and to dispose of such part of the refuse, litter, garbage or objectionable material that is brought onto the Lands by the activities of the Licensee, it being understood that the obligation of the Licensee to ensure that no refuse, litter, garbage or loose or objectionable material accumulates in or about the Lands does not extend to large items such as car tires, car batteries, sofas and so on, so long as the activities of the Licensee are not connected with the large item or items in question, and it being further understood that the Licensor will remove that part of the refuse, litter, garbage or loose or objectionable material that is gathered by the Licensee but is not brought onto the Lands by the activities of the Licensee; (p) to ensure that no trees are removed from the Lands; (q) to provide and maintain comprehensive general liability insurance in the minimum amount of Ten Million Dollars ($10,000,000.00) with respect to its use of the Lands during the full term of this Licence Agreement and any 4 extension thereof, naming the Licensor as an additional insured, and to provide a certificate evidencing same, prior to the execution of this Licence Agreement and as required by the Licensor. Without limiting the generality of the foregoing, such public liability insurance shall contain provisions for cross liability, severability of interests and no cancellation or alterations without the consent of the Licensor; (r) to provide and maintain standard automobile liability insurance on all owned and leased vehicles with inclusive limits of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury and property damage; with a deductible not greater than Five Thousand Dollars ($5,000), during the full term of this Licence Agreement and any extension thereof and to provide a certificate evidencing same, prior to the execution of this Licence Agreement and as required by the Licensor; (s) not to assign this Licence Agreement without the express written consent of the Licensor, which consent may be unreasonably withheld; (t) to restore the Lands to substantially the same condition at the expiry of this Licence Agreement as it was at the commencement of this Licence Agreement; (u) not to seek monetary funding for any capital improvements from the Licensor; (v) to comply with all federal, provincial and municipal laws, rules, regulations and by-laws and to hold the Licensor harmless from the consequences of its failure to do so; (w) to affix and maintain such signage as is required by the Licensor for the purpose of indicating that the Lands is utilized as a community public park; and (x) at all times, to acknowledge and comply with the rights reserved to the Licensor in this Licence Agreement. INDEMNITY 8. The Licensee shall at all times indemnify and save harmless the Licensor from and against any and all claims, demands, losses, costs, charges, expenses, actions and other proceedings (including those in connections with workers' compensation or any similar or successor arrangement) made, brought against, suffered by or imposed on the Licensor or its property in respect of any failure by the Licensee to fulfill any of its obligations under this Licence Agreement or for any reason whatsoever or in respect of any loss, damage or injury (including injury resulting in death): (a) to any person or property (including without limiting the generality of the foregoing, employees, contractors, agents and property of the Licensor) directly or indirectly arising out of, resulting from or sustained by reason of 5 the occupation or use of the Lands, or any operation in connection therewith or any fixtures or chattels thereon, or (b) to any person while on adjoining lands of the Licensor in the course of that person's entry onto or exit from the Lands. 9. The Licensor shall not be liable, directly or indirectly, for any personal injuries that may be suffered or sustained by any person who may be on the Lands or for any loss of or damage or injury to property belonging to the Licensee or any person unless such injury, loss or damage is due to the Licensor's negligence or default or the negligence or default of those for whom the Licensor is in law responsible. 10. The Licensee shall fully indemnify and save harmless the Licensor from and against all construction liens and related costs and other claims in connection with all work performed by or for the Licensee on the Lands, and shall promptly remove all registered claims from title. DEFAULT OF LICENSEE 11. If the Licensee defaults in performing any of its obligations, other than the obligation to pay the licence fee described in paragraph 5 above, under this Licence Agreement, the Licensor shall give written notice to the Licensee of such default giving the Licensee 10 days to remedy such default, failing which the Licensor may terminate this Licence and the Licensee shall then forthwith remove its chattels and fixtures, if any, from the Lands and shall restore the Lands to the condition in which it was at the commencement of this Licence Agreement. LICENSOR'S RIGHT OF ENTRY 12. The rights conveyed in this Licence Agreement are subject to the express reservation in favour of the Licensor, of the following rights of entry to the Lands: (a) the right to enter the Lands to conduct any business of the Licensor; (b) the right to install municipal infrastructure of any description including, without limiting the generality of the foregoing, signs; (c) the right to install, maintain and service any form of infrastructure that is the property of any utility or telecommunications entity that has statutory access to municipal lands; and (d) the right of the public to use the Lands as a public park, save and except for the locked portions of the Licensee's buildings and structures; the in- water docks; and during private rowing events as authorized by City Council. 6 13. The rights reserved to the Licensor in this Licence Agreement may be exercised by the Licensor, its employees and contractors, and by any utility or telecommunications entity that has statutory access to municipals lands. TERMINATION 14. Each of the Licensee and the Licensor may terminate this Licence upon 30 days written notice. 15. Upon the expiration or termination of this Licence Agreement, the Licensee hereby undertakes and agrees to restore the Lands to substantially the same condition as it was at the commencement of this Licence Agreement, including all improvements made to the Lands. In the event that the Licensee fails to remove any improvements made by it to the Lands, within 60 days of the expiration or termination of this Licence Agreement, such improvements shall become the sole property of the Licensor after expiry of the 60 day period. NOTICE 16. 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 Licence Agreement contained may be validly and effectually given by mailing the same by prepaid registered post or facsimile transmission, if intended for the Licensor, to: The Corporation of the City of Niagara Falls Attention: Legal Services 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario L2E 6X5 Telephone: (905) 356-7521 Facsimile: (905) 371-2892 and if intended for the Licensee, to: Niagara Falls Rowing Club 5454 Lyon's Creek Road Niagara Falls, Ontario L2E 6S6 Telephone: (905) 708-8066 Email: arcuri.anthony@gmail.com 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. 7 GENERAL 17. This Licence Agreement and any schedules hereto constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Licence Agreement other than expressed herein. 18. The recitals to this Licence Agreement form a part of this Licence Agreement. 19. Wherever the singular or masculine is used in this Licence Agreement they shall be construed as if the plural or the feminine or the neuter has been used where the context or the party or parties hereto so require and the rest of the sentence shall be construed as if the grammatical and terminological changes thereby rendered necessary had been made and all covenants herein contained shall be construed to the several as well as joint. IN WITNESS WHEREOF the parties hereto have hereunto executed this Agreement. THE CORPORATION OF THE CITY OF NIAGARA FALLS Per: James M. Diodati, Mayor Dean lorfida, City Clerk NIAGARA FLLS R WING CLUB 6 Per: Name: t r`r 4-6c ,'> Title: A? ei f /s Name: l e--,, _ --✓ ti -- Title: 1/,c-',e-- re 5 PROPOSED SSW) WIDE DOUBLE SWING GATE PROPOSED LIGH rPOLE (TYP.) —PROPOSED CLEARING WAP ,Rt ,-.A--0--- PROPOSED 5.00m WIDE DOUBLE SWING GATE PROPOSED POST & CABLE BARRIER FENCE PL PROPOSED WOOD BOLLARD J (TYP-) PROPOSED EQGa WIDE DOUBLE BOLLARD SWING GATE PROPOSED GRANULAR ACCESS f (ASPHALT MILLINGS) PROPOSED, FLOATING DOCK 12.00x1.80m WELLAND RIVER PL • 0 5 10 20 4 GEORGE BUKATOR PARK - NIAGARA FALLS ROWING CLUB DATE: JANUARY 15, 20' SCALE. N.T.S. DRAWING #: -- REVISION A Jan 15 , 2015. 11:08am Login name: m333 Uruwing Nome: 1.\PIANPROF\ORWAIOND\UIU\PLAN\NF_RonClub_\Praduction Orowinge\NF ROW CLUB_SAETPRY DESIGNdwg SCHEDULE "A "