2003/12/15Special Council Meeting
Council Chambers
December 15, 2003
4:30 p.m.
1. To discuss the Offer to Purchase (Matovic) from the City,
Part of Falls Industrial Park.
-AND -
Correspondence from Economic Development Officer
-AND-
(HANDOUTS) Correspondence from the Stanley Avenue Business Park
Association - Re: Proposed Sale of Surplus Lands
-AND -
(HANDOUTS) By -law No. 2003 -213 - By -law to authorize the execution of an
Agreement of Purchase and Sale with 1149962 Ontario Limited respecting
the sale of lands being Lots 26 to 33, 37 to 41, Block C, Block B, Part of Block
A, part Anderson Crescent and part of Don Murie Street on Plan M -67,
comprised of approximately 61 acres more or Tess.
-AND -
(HANDOUTS) By -law No. 2003 -214 - By -law to adopt, ratify and confirm the
actions of City Council at its meeting held on the 15th day of December, 2003.
Page 1 of 1
Barb Muir - Fwd: Industrial Surplus Land Proposed sale
From: Dean Iorfida
To: Barb Muir
Date: 12/11/2003 9:50 PM
Subject: Fwd: Industrial Surplus Land Proposed sale
Mary,
Please discuss with Serge on Fri. Dec 12 legal's report to Council for the sale of the surplus industrial land
adjacent to the Falls Industrial Park. The area's business association is known as the Stanley Avenue Business
Park Association. Chair, Dave Allan provided two letters to Council, the latest dated Dec 5, received by Business
Development @ 4 p.m. on Dec 8. addressed to Mayor & Council regarding their comments on the proposed
sale. This letter was provided to legal on Tues. Dec 9 in response to the Tues. Dec 9th Public Notice in the
Review regarding their association comments on the proposed sale.
Mr. Allan has responded to Business Development Staff that he will be in attendance at the public meeting on
Mon. Dec 15 4:30 p.m. to represent the Association.
Wendy
Wendy Canavan
Economic Development Officer
Business Development
City of Niagara Falls, Ontario, Canada
Tel. 905 - 356 -7521 Ext. 5002
Fax. 905 - 357 -9293
email wcanavan@city.niagarafalls.on.ca
website www.city.nagarafalls.on.ca
file:/ /C:\Documents %20and %20Settings\ Administrator \Local %20S ettings \Temp \GW } 00... 12/12/2003
12 /06/ZUU4 la.aa rnn 1.7 I...�
December 5, 2003
City of Niagara Falls
City Hall
4310 Queen Street,
Niagara Falls, Ontario
LZE 6X5
Attention:
Dear Sir.
Mr. Serge Felicetti
Director of Business Development
DEC 1 5 2003
Re: Proposed Sale of Surplus Lands — City File N t. 2003490,
This letter selves to confirm the position of the members of the Stanley Avenue Business
Park Association (SABPA) with respect to the proposed sale of approximately 61 acres
of "surplus" land forming part of the Falls Industrial Park. This land is being considered
for inclusion in the development of a golf resort complex by Fallsview Golf Inc.
Upon receiving official notification of this matter, our membership voiced several
concerns and a subsequent letter from SABPA (copy encl.) was sent to the business
Development Office asking for consideration in the matter. City staff organized a
meeting with the developer and SABPA members on Dec. 3 to discuss these concerns.
The position of our Association is as follows:
The membership of the Stanley Avenue Business Park Association ( SABPA) supports
the sale of surplus lands forming part of the Falls Industrial Park to Fallsview Golf
Inc. for the purposes of the development of a golf resort complex This support is
contingent upon consideration of the following issues:
1. Industrial Base — Members are concerned over the abandonment of any
future expansion of the Industrial Park and the negative impact this may
have on the investments industrial business owners have made by
locating in the Park. The shrinking industrial base within the City and the
lack of economic diversification are points of contention. Members urge
the City to continue to support and develop the industrial sector.
David K. Allan, Chairman Phone (905) 356 -5553
C/O Marine Clean Limited Fax (905) 356 -7631
PO Box 2205 email dallant vaxxinc.com
Niagara. Falls, Ontario
L2H 2A5
12/08/2003 10: uu rnn ov.,
2. Truck Access Routes -- Access to the Falls Industrial Park from the
QEW is limited to Stanley Avenue via MacLeod Road or Lyon's Creek
Road. Further, member truck traffic to/from the Queenston- Lewiston
Bridge must use the Fallsview area of Stanley Avenue north due to the
absence of a complete interchange at Hwy. 405 and the QEW. Given the
continued development and improvement of the Fallsview area and
specifically Stanley Avenue near Marineland Parkway/MacLeod Road,
there is concern that these routes may be considered for restrictions in
the future. It is critical that the City and Region maintain all accesses to
the Falls industrial Park as truck routes. We ask that the City address this
issue formally with the Region to protect the business interests of SABPA
members.
3. Buffer Zone — City staff stated that the prime factor for abandoning the
expansion of the Industrial Park was a low lying drainage 'hazard' zone
lying adjacent to the current developed portion of the Park. In the interest
of maintaining a suitable buffer between two dramatically different land
uses, we ask that the City ensure the approx. 1,000 foot wide 'hazard'
zone remains undeveloped. (Noise, safety, security, etc,)
4. Truck Turn- Around — The City recently made commitments to SABPA
members regarding the construction of a proper truck tum -around at the
West end of Don Murie Street We ask that the City exclude sufficient
land from the proposed sale and continue with the construction of a
proper turn -around in 2004 as planned.
5. Residential Development — Historically, industrial and residential land
uses don't mix well in close proximity due to noise, emissions, safety,
security and other factors. We ask that the City formally restrict any
residential development associated with this project immediately adjacent
to the industrial Park.
6. Property Values — A major issue concerning members is the effect the
Current Value Assessment (CVA) valuation method adopted by the
Municipal Property Assessment Corporation (MPAC) is having on
property taxes. Due to the lack of comparable local sales data, seriously
inflated values are being assigned based on data from outside the region.
As this surplus land is industrially zoned, members are concerned that the
sale of this local land may contribute to the problem. We ask that the City
continue to support and assist the Association with our appeal process
with MPAC and the Province for a long term solution.
7. f eautifieation/Aesthetics — Members are concerned with the image of
the park and the divestiture from its once intended "Prestige Industrial"
zoning. We are confident that this development will assist in this image by
way of an aesthetically pleasing 'green' belt adjacent to the park,
however we ask that an Industrial Representative be assigned to sit on
the City's Beautification Committee to represent our industrial interests.
David K. Allan, Chairman
C/O Marinc Clean Limited
PO Box 2205
Niagara Palls, Ontario
L2H 2A5
Phone (905) 356 -5553
Fax (905) 356 -7631
email dallan([l�.vaxxine.corn
12/08/2003 16:00 FAA au5 JOD /Dal
1/1t1R1j'1 n LAY
On behalf of our membership, we appreciate the support the City has provided to the
Association and ask for your consideration in this matter.
Respectfully Submitted
avid K Allan
Chair, Stanley Avenue Business Park Association.
CC: -Mayor Ted Salci and Members of Council, City of Niagara Falls
David K. Allan, Chairman
C/O Marine Clcan Limited
PO Box 2205
Niagara Fails, Ontario
L2H 2A5
Phone (905) 356 -5553
Fax (905) 3564631
email dallanavaxtzne.com
CITY OF NIAGARA FALLS
By -law No. 2003 -
A by -law to authorize the execution of an Agreement of Purchase and Sale with 1149962 Ontario
Limited respecting the sale of lands being Lots 26 to 33, 37 to 41, Block C, Block B, Part of Block
A, Part Anderson Crescent and part of Don Murie Street on Plan M -67, comprised of approximately
61 acres more or less.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. An agreement dated the 24th day of November, 2003 between 1149962 Ontario Limited
and The Corporation of the City of Niagara Falls respecting the purchase of lands being Lots 26
to 33, 37 to 41, Block C, Block B, Part of Block A, Part Anderson Crescent and part of Don Murie
Street on Plan M -67, comprised of approximately 61 acres more or less, subject to such terms and
conditions as set out in the Agreement attached hereto as Schedule "A ", 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
day of , 2003.
DEAN IORFIDA, CITY CLERK TED SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
, 2003
, 2003
, 2003
SCHEDULE "A"
AGREEMENT OF PURCHASE AND SALE
PURCHASER, 1149962 Ontario Limited agrees to purchase from
VENDOR, THE CORPORATION OF THE CITY OF NIAGARA FALLS the following
REAL PROPERTY:
Address vacant land on the North side of Chippawa Parkway
in the City of Niagara Falls, in the Regional Municipality of Niagara
and legally described as Lots 26 to 33, 37 to 41, Block C, Block B, Part Block A, part Anderson
Crescent and Part Don Murie Street on Plan M -67, City of Niagara Falls, Regional Municipality of
Niagara, comprisina,,�61.X acres, ±as outlined in red on Schedule "A" attached (the
"property "). approximately
PURCHASE PRICE: THREE HUNDRED L NINETY -FIVE THOUSAND
DEPOSIT:
Purchaser submits TEN THOUSAND
Dollars (CDN$ 395,000.00 )
Dollars (CDN$ 10,000.00 )
(Upon acceptance)
cash or negotiable cheque payable to the VENDOR to be held in trust pending
completion or other termination of this Agreement and to be credited toward the Purchase Price on
completion. Purchaser agrees to pay the balance as follows:
The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject
to the usual adjustments.
The City makes no representations nor gives any warranties with respect to the suitability or fitness
of the property for any use contemplated by the Purchaser nor makes any representations or gives any
warranties with respect to the environmental issues or concerns and the Purchaser agrees to accept
the property on an "as is" basis.
The Purchaser shall have sixty (60) days from the date of acceptance herein to perform its due
diligence, save and except for title searching, and it shall advise the Vendor within the said sixty
(60) days, in writing, should it wish to terminate this Agreement, failing which the Purchaser shall
be deemed to have waived this condition and shall accept the property "as is ", save and except for
any title defects which may be revealed by a search of title. Should the Purchaser terminate the
Agreement, the deposit shall be returned to it without penalty or interest, forthwith.
The Purchaser and Vendor agree that this transaction shall be completed thirty (30) days after the
Purchaser gives the Vendor notice in writing that it has completed its due diligence, or sooner, if
mutually agreed upon by the parties.
SCHEDULE(S) A A and B
1. CHATTELS INCLUDED: N/A
attached hereto forms(s) part of this Agreement.
2. FIXTURES EXCLUDED: N/A
3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The
Purchaser agrees to assume the rental contract(s), if assumable:
N/A
4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 5:00
fVendor /Nrehsser)
on the 13th day of January , 2004 after which time, if not accepted, this Offer shall
be null and void and the deposit shall be returned to the Purchaser in full without interest.
p.m.
5. COMPLETION: Upon completion, vacant possession of the property shall be given to the Purchaser
unless otherwise provided for in this Agreement.
6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer,
any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received,
when hand delivered to the address for service provided herein or, where a facsimile number is
provided herein, when transmitted electronically to that facsimile number.
FAX N0. 905- 371 -2892 (Nrdeuwryornoemoro Veod.r) FAX NO. 905- 356 -6904 fro: d.uv.ry or notices to Nrchasor)
7. CST: If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be
IN ADDITION TO the Purchase Price. If this transaction is not subject to G.S.T. Vendor
agrees to provide on or before closing, a certificate that the transaction is not subject to G.S.T.
If this transaction is subject to G.S.T., the Purchaser shall be entitled to self- assess and file
all appropriate documentation evidencing its G.S.T. registration Number.
8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on the 5th day prior to closing.
(Requisition Date) to examine the title to the property at his own expense and until the earlier of:
(i) thirty days from the later of the Requisition Date or the date on which the conditions in this
Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy
himself that there are no outstanding work orders or deficiency notices affecting the property, that
its present use (General Industrial & Hazard) may be lawfully continued and that the principal
building may be insured against risk of fire. Vendor hereby consents to the municipality or other
governmental agencies releasing to Purchaser details of all outstanding work orders affecting the
property, and Vendor agrees to execute and deliver such further authorizations in this regard as
Purchaser may reasonably require.
9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future
intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this
Agreement.
10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges,
liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a)
any registered municipal agreements and registered agreements with publicly regulated utilities providing such have
been complied with, or security, has been posted to ensure compliance and completion, as evidenced by a letter from
the relevant municipality, or regulated utility; )b) any minor easements for the supply of domestic utility or
telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary
sewers, public utility lines, telephone lines, cable television lines or other services which do not materially
affect the present use of the property. If within the specified times referred to in paragraph B any valid
objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may
not lawfully be continued, or that the principal building may not be insured against risk of fire is made in
writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will
not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections,
shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be
liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection
going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the
property.
11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or
other evidence of title to the property except such as are in the possession or control of Vendor. If requested
by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon
as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation
incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse
Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in
registrable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, out
of the closing funds, a discharge in registerable format to register same on title within a reasonable period of
time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement
prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction
executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the
balance due on completion.
12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this
Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale
between the Purchaser and Vendor.
13. INSURANCE: All buildings, if any, on the property and all other things being purchased shall be and remain
until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and
the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage,
Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or
else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on
completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser
shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's
interest on completion.
14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies
with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed
diligently at his expense to obtain any necessary consent by completion.
15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in
registrable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at
the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered
on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990.
16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for
Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable
by Vendor under the non- residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not
claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that
Vendor is not then a non - resident of Canada.
17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered
public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to
the day of completion, the day of completion itself to apportioned to Purchaser.
18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or
completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by
Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard.
19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective
lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered
Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire.
20. FAMILY LAW ACT: Vendor warrants that Spousal consent is not necessary to this transaction under the provisions
•
of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided.
21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor
has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that
to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that
contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and
if the building is part of a multiple unit building, this warranty shall only apply to that part of the building
which is the subject of this transaction.
22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal
information may be referred to in connection with this transaction.
23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement
(including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed
provision shall supersede the printed provision to the extent of such conflict. This Agreement including any
Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no
representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed
herein. This Agreement shall be read with all changes of gender or number required by the context.
24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are
bound by the terms herein.
DATED AT Niagara Falls this 24th day of November , 2003
SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set
my hand and seal:
1149962 ONTARIO LIMIT
Per:,
DATE Nov. 24/03
(enrth...r1 Nikola Mato is - Vice - President
I have authority to bind the Corporation.
IMirna.sl (Pureba..0
I, the Undersigned Vendor, agree to the above Offer.
DATE
DATED AT Niagara Falls this day of , 2003
SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal:
(Witness)
(Vendor) ISe1111
ACKNOWLEDGEMENT
I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct
that a copy be forwarded to my lawyer.
DATE
Needed
DATE
1149962 Ontario Limited
DATE
renrvn...r) Nikola Matovic - Vice - President
I have authority to bind the Corporation.
Address for Service: 4310 Queen Street Address for Service:
Niagara Falls, Ontario L2E 6X5
Tel. No. (905 ) 356 -7521 Tel. No. ( )
Vendor's Lawyer Purchaser's Lawyer Italia M. Gilberti
Address Address 4625 Ontario Ave., Niagara Falls, Ont.
(905) 356 -7521 (905) 371 -2892 (905) 356 -2621
(905) 356 -6904
Tel. No. FAX No.
Tel.No. FAX No.
H: \Client \1149962)AGREEM2. P &S
SCHEDULE B
ADDITIONAL CONDITIONS
1. The Purchaser shall obtain and register, at its sole cost and expense a Reference Plan setting
out the property.
2. The said Reference Plan shall show a part or parts of the property setting out an easement,
being ten (10) metres on either side of the watercourse traversing along the easterly boundary
of the property.
3. The Vendor shall reserve for itself an easement having full rights of access, inspection,
repair, construction or maintenance of the said watercourse.
4. The attached amended Schedule "A" sets out a turning circle at the southerly boundary of Lot
19 on Don Murie Street, which will be reflected in the said Reference Plan.
CITY OF NIAGARA FALLS
By -law No. 2003 -
A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 15th day
of December, 2003.
WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as
herein set forth be adopted, ratified and confirmed by by -law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. The actions of the Council at its meeting held on the 15t day of December, 2003, including
all motions, resolutions and other actions taken by the Council at its said meeting, are hereby
adopted, ratified and confirmed as if they were expressly embodied in this by -law, except
where the prior approval of the Ontario Municipal Board or other authority is by law required
or any action required by law to be taken by resolution.
2. Where no individual by -law has been or is passed with respect to the taking of any action
authorized in or with respect to the exercise of any powers by the Council, then this by -law
shall be deemed for all purposes to be the by -law required for approving, authorizing and
taking of any action authorized therein or thereby, or required for the exercise of any powers
thereon by the Council.
3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby
authorized and directed to do all things necessary to give effect to the said actions of the
Council or to obtain approvals where required, and, except where otherwise provided, the
Mayor and the Clerk are hereby authorized and directed to execute all documents arising
therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix
thereto the corporate seal of the Corporation of the City of Niagara Falls.
Passed this
day of , 2003
DEAN IORFIDA, CITY CLERK TED SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
, 2003.
, 2003.
, 2003.
•