2007/07/09COUNCIL
MEETING
Monday, July 9, 2007
Order of Business
and Agenda Package
PRAYER: Councillor Diodati
COUNCIL MEETING
July 9, 2007
ADOPTION OF MINUTES: Council Minutes of June 25, 2007
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
Niagara Falls Red Raiders
DEPUTATIONS/ PRESENTATIONS
Niagara Falls Red Raiders Bantam Boys Basketball team will be recognized for
winning the Provincial Championship. The team members are, Jan De g g racia Eric
Deprophetis, Luc Goulet, Carl Grecco, Andrej Kosevic, Troy Northfield, Zac Olah, Andrew
Oreskovich, Devon Rymarchuk and Vito Scaringi.
PLANNING MATTERS
PUBLIC MEETINGS
Public Meeting
AM-41/2006, Zoning By -law Amendment Application
2799 St. Paul Avenue
Applicant: Wedgewood Builders of Niagara Limited
Agent: Emilio Raimondo, Raimondo and Associates Architects Inc.
Proposed 5- storey, 49 Unit Condominium Apartment artment Dwellin
p g
Background Material:
Recommendation Report: PD- 2007 -57
-and-
Correspondence from Regional Niagara Planning Department
Correspondence from Clare Burnett
Correspondence from Deanne Merante
Correspondence from Wayne, Rita and Ashley Tonet
Correspondence from Grace Carniello
Correspondence from Mara and Sam Manella
Correspondence from 51 area residents
Petition signed by 106 area residents
DOWNTOWN MATTERS
1. Chief Administrative Officer PD- 2007 -14 Status Report on Downtown
Revitalization
-and-
Presentations by:
Henry Joseph of Joseph Urban Consultants
Peter Norman of Altus Clayton
Re: Market Overview and Economic Analysis of the Strategic Implementation Plan (SIP)
Queen St. Downtown Area, City of Niagara Falls, Ontario
REMINDER: COUNCILLORS PLEASE BRING YOUR COPY OF THE MARKET
OVERVIEW AND ECONOMIC ANALYSIS WHICH WAS DISTRIBUTED IN THE JUNE 11,
2007 COUNCIL PACKAGE.
Fran Hohol of PKF on behalf of the Downtown Board of Management
Deputation requests:
Pier Giorgio Di Cicco
Shelagh Mulligan
3
MAYOR'S REPORTS, ANNOUNCEMENTS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
1. Status of Armoury Facility Opening as a Military Museum Information update
from the Chair of the Museums Board.
RECOMMENDATION: For information
2. Royal Canadian Legion Ontario Branch .396, Chippawa Request to Proclaim
August 25, 2007 "Support Our Troops Day
RECOMMENDATION: For the Approval of Council
3. Optimist Club of Niagara Fails Request for Financial Assistance for paving of
p g
their parking lot.
RECOMMENDATION: That the request be denied.
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(Councillor loannoni, Chair)
RATIFICATION OF "IN CAMERA" ACTIONS
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF
COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF
THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE
REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
F- 2007 -27 Municipal Accounts
FS- 2007 -02 The Arson Prevention Program for Children (TAPP -C) Protocol
L-2007-31 Release of Easements, Parts 89 and 90 on Reference Plan 59R -13264 (File
No. 2007 -224)
L- 2007 -32 Assignment of Lease, Part of Pell Street Road Allowance (File No.: 2007-
242)
PD- 2007 -50 Application for a Commercial Building and Facade Grant CB &FIG-
02/2007 within the Historical Drummondville CIP for 5689 Main Street (2068985
Ontario Inc.)
PD- 2007 -51 Application for a Commercial Building and Facade Improvement Grant
CB &FIG- 03/2007 within Historic Drummondville CIP for 6161 Main Street (Sardjito and
Tetra u It)
PD- 2007 -52 Sidewalk Cafe Licence Agreement with the City SWC- 09/2006, The
Filling Station, 5815 Victoria Avenue
PD- 2007 -53 Sidewalk Cafe Licence Agreement with the City SWC- 03/2007, Cheroz
Restaurant (Former Big Anthony), 5677 Victoria Avenue
PD- 2007 -54 Sidewalk Cafe Licence Agreement with the City SWC 0412007,
Applebee's Restaruant, 5657 Victoria Avenue
PD- 2007 -55 Sidewalk Cafe Licence Agreement with the City SWC- 05/2007,
Remington's of Montana, 5657 Victoria Avenue
PD- 2007 -56 Sidewalk Cafe Licence Agreement with the City SWC 06/2007, Pilgrim
Motor Inn, 5234 Ferry Street
MW- 2007 -74 Tender #2007- 183 -07 Kitchener Street Sewer Separation
BY -LAWS UNDER THE DRAINAGE ACT
2007 -135 A by -law to provide for a drainage works in the City of Niagara Falls in the
Regional Municipality of Niagara
2007 -136
2007 -137
2007 -138
2007 -139
2007 -140
2007 -141
BY -LAWS
The City Clerk will advise of any additional by -laws or amendments to the by-laws
listed for Council consideration.
A by -law to authorize the execution of an Offer to Purchase with Villarboit
Development Corporation, in trust for a company to be incorporated
respecting the purchase of approximately 5.5 acres of land; in the City of
Niagara Falls, in the Regional Municipality of Niagara
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement
with 10527748 Ontario Inc. o/a The Filling Station, respecting the Iicencing of
a Sidewalk Cafe over a portion of City sidewalk in front of The Filling Station
located at 5815 Victoria Avenue
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement
with 2126921 Ontario Inc. c.o.b. as Cheroz Restaurant, respecting the
in p g
Iicencing of a Sidewalk Cafe over a portion of City sidewalk n front of Cheroz
Restaurant located at 5677 Victoria Avenue
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement
with Niagara Hospitality Hotels Inc. c.o.b. as Applebee's, respecting the
Iicencing of a Sidewalk Cafe over a portion of City sidewalk in front of
Applebee's located at 5657 Victoria Avenue
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement
with Niagara Hospitality Hotels Inc. c.o.b. as Remington's of Montana Steak
Seafood, respecting the Iicencing of a Sidewalk Cafe over a portion of City
sidewalk in front of Remington's of Montana Steak Seafood located at 5657
Victoria Avenue
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement
with Pilgrim Motor Inn Ltd., respecting the Iicencing of a Sidewalk Cafe over
a portion of City sidewalk in front of the Wed g g ewood Restaurant located at
5234 Ferry Street
2007 -142 A by -law to authorize the execution of a Funding Agreement for Asset
Management Program Project with Her Majesty The Queen in Right of
Ontario respecting the Canada Ontario Municipal Rural Infrastructure Fund
"COMRIF Program
2007 -143
2007 -144
2007 -145
2007 -146
6
A by -law to amend By -law No. 89- 2000, being a by -law to regulate parking
and traffic on City Roads. (Yield Signs, Pedestrian Crossing Prohibited,
Stopping Prohibited, Stop Signs At Intersections, Heav y Vehicle Restrictions,
Through Highways, Parking Prohibited, Speed Limits on Highways (Part 2
60 km /h) (CliftonNictoria /Centre St)
A by -law to prohibit or regulate the placing or erecting of signs, notices, and
advertising devices on public and private property within the City of Niagara
Falls
A by -law to authorize the execution of a Letter of Intent with Ainsworth Inc.,
respecting an Energy Services Performance Contract to reduce energy and
operating costs
A by -law to amend By -law No. 79 -200, to permit a comprehensive multiple
unit residential development and prestige industrial development on the land
subject to holding provisions. (AM- 24/2005)
2007 -147 A by -law to authorize the payment of $22,087,243.39 for General Purposes
2007 -148 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 9 day of July, 2007
NEW BUSINESS
Community Services Department
Parks, Recreation Culture
Inter Department Memorandum
TC Cathy Crabbe
Mayor's Office
FROM: Lori Albanese
Community Development Coordinator
Ext. 3332
RE: The Niagara Falls Red Raiders Bantam Boys Basketball Team
Provincial Champions Awards at Council Monday, July 9, 2007
Team Members include:
Jan Degracia
Andrej Kosevic
Devon Rymarchuk
NiagaraqJJs
DATE: June 13, 2007
Niagara Falls Red Raiders Bantam Boys captured a Gold Medal in Division Five at the Basketball Ontario
Provincial Championships held in Scarborough, Ontario, during the weekend of April ril 21 and 22
g p 22, 2007.
In pool play, Niagara went two and one, winning on the Friday night against the Stratford Sonics 39-29,
Saturday against Sarnia Shamrocks 38 -15, but lost to Port Colborne 60 -46. In the quarter finals Niagara
q g
played the second seed Mississauga Mustangs and won in the final seconds of the game by a close score
of 39-37.
g Y
On the Sunday round, the Semi -Final game was played against Cambridge, where Niagara won 36-30. This
took them to the gold medal game where they faced Blessed Sacrament Yellow Jackets. The game at the
end of regulation time was tied 29 -29. In overtime, Niagara Falls went on a eight and zero run to win the
Gold Medal with a score of 37-29.
It should be noted that this was the first year this team has played together and many of la ers never
p Y
played basketball before. First time Coaches were Dave Goulet and Assistant Robb Caporicci.
Devon Rymerchuk was selected as MVP of the tournament with 22 points in the final game and playing Y g
strong defensively as well as offensively throughout the entire tournament. Congratulations to Devon and
the entire Niagara Falls Red Raiders Bantam Boys Basketball Team.
Eric Deprophetis Luc GouletCarl Greco
Troy Northfield Zac Olah Andrew Oreskovich
Vito Scaringi
Cathy, please prepare plaques to honour the team members for the July 9, 2007 Council meeting.
Thank you.
cc. Dean Iorfida, Steve Hamilton, Denyse Morrissey
C:\Documents and Settings\am253\Local Settings \Temp\XPgrpwise \NF Red Raiders Bantam Boys Basketball Team
Working Together to Serve Our Community
Municipal Works Fire Services Parks, Recreation Culture Business Development Building By -Law Services
July 9, 2007
PD-2007-57
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RECOMMENDATION:
BACKGROUND:
J
N iag ar a
a s
CANADA
Re: PD- 2007 -57
AM- 41/2006, Zoning By -law Amendment Application
2799 St. Paul Avenue
Applicant: Wedgewood Builders of Niagara Limited
Agent: Emilio Raimondo, Raimondo and Associates Architects Inc.
Proposed 5- Storey, 49 Unit Condominium Apartment Dwelling
That Council not approve the Zoning By -law amendment application subject to permit the
development of a 5- storey, 49 unit apartment building on the sub. ect land.
Wedgewood Builders of Niagara Limited has requested an amendment
q to Zoning By -law
No. 79 -200 for a 0.63 hectare (1.5 acre) parcel of land known as 2799 St. Paul Avenue,
as shown on Schedule 1. The amendment is requested to permit the development pment of a
5- storey, 49 unit apartment building, as shown on Schedules 2 and 3.
A site specific Residential Apartment 5A Density-547 (R5A-547) zone w Y was applied to the
land in 2001 which permits the development of a 3-storey, unit apartment building. Y, p merit building. As
the Official Plan allows such low -rise apartment buildings to be developed in this p in this location,
the proposal was approved by Council.
The land is requested to be rezoned to a site specific Residential Apartment
p p meat 5C Density
(R5C) zone to permit the proposed apartment building. A comparison g p of the current and
proposed zoning standards follows:
Maximum number of units
Maximum height
Minimum interior side yard
setback
Current Zoning (R5A -547)
32
10 metres (32.8 feet)
building height
titres (16.4 feet)
Proposed Zoning (R5C)
49
19 metres (62.3 feet)
1 /2 building height
9.5 metres (31.17 feet)
Working Together to Serve Our Community
::,cC72:1:::'-'da-:-.421E Niagara Falls, 6X5 :905- 356 -7521
Community Services Departrr
Planning Development
Minimum landscaped open
space
30%
40%
Minimum front yard
setback
7.5 metres (24.6 feet)
7.5 metres (24.6 feet)
Minimum rear yard setback
10 metres (32.8 feet)
10 metres (32.8 feet)
Maximum building
coverage
30%
30%
July 9, 2007
The applicant initially proposed a 7- storey, 68 unit apartment building with a height of 21
metres (70 feet) which included a parking structure along the former Hydro Haulage Road.
At a neighbourhood meeting in January, the applicant resented this proposal osal to
p p p
surrounding residents. Concerns about the height of the building and impacts on
surrounding dwellings including overshadowing and the loss of privacy, traffic and servicing
capacity were raised. Subsequent to this meeting, the applicant scaled back the project
to a 5- storey,18 metre (60 foot) tall building, as currently proposed.
Surrounding Land Uses
The property is bounded by single detached dwellings to the north. The Haulage Road
Trail abuts the site to the west, followed by more single detached dwellings. Commercial
uses, including the Queen's Restaurant and used car sales lots, are located to the south
and the east.
Circulation Comments
Regional Municipality of Niagara
The Region's Smart Growth Plan and the Provincial Policy Statement promote
compact forms of development and residential intensification in built up areas.
Regional Planning staff is not opposed to this application from a Provincial or
Regional planning perspective. The City should be satisfied the proposed
development is compatible with the adjacent residential neighbourhood.
Municipal Works
2
PD- 2007 -57
No objections. Trip generation for this development does not warrant a traffic
study and no further road widening dedications are needed. There are
adequate municipal services for the development.
Fire Services
No objections. The applicant will need to demonstrate adequate fire access
and fire protection at the site plan stage.
Parks, Recreation Culture
Cash -in -lieu of parkland dedication will be required when condominium
approval is requested. The provision of street tree planting, protection of
existing trees and landscaping will be required at subsequent stages of
development.
July 9, 2007
Building Services
Surrounding Residents
Planning Analysis
3 PD- 2007 -57
All required building permits to be obtained prior to commencement nfi of
construction.
Many letters of objection have been received from residents and are included
on tonight's agenda. Concerns have been raised about the height of the
he
building, its impact on surrounding dwellings (in terms of shadowin g shadowing and loss
of privacy) and incompatibility with surrounding dwellings in t
g g terms of
architecture and density. The residents also question the proposal's
q p posal s
conformity to the Official Plan.
1. The proposed 5- storey apartment building does not conform to the Official
Plan.
The property is designated Residential in the City's Official Plan. Residential Y sidential areas
are primarily intended to be developed for various types of residential dwell'
buildings Yp dwellings.
Apartment buings up to a density of 75 units per hectare (30 units p per acre) and
heights of 3 to 4 storeys can be developed at the periphery
p p p ry of residential
neighbourhoods where they have access to arterial roads, are in close
proximity to
schools, parks and neighbourhood commercial areas and are compatible with
surrounding development.
As the project meets the above noted locational criteria, the
density of the
development is within the intent of the Official Plan. However the
building height
does not conform to the Official Plan. In addition, the proximity
p y of the building to
abutting single detached dwellings raises concerns regarding compatibility.
g g mpatibility.
The Official Plan limits the height of apartment dwellings in this s area to 3 to 4
storeys to protect adjacent low density residential areas from the effects of
overshadowing and loss of privacy. The proposed building as 5 storeys
g oreys and is
close to a height of 19 metres (62 feet equivalent in height to a 6-storey storey apartment
i
dwelling. The increased height is intended to accommodate higher h
g er than average
ceiling heights. The Official Plan directs buildings s of this height h
g g t away from low
density residential areas and to sites adjacent to minor and
adjacent major commercial
districts, where abutting uses are less impacted by tall buildings,
p y gs, or there is an
opportunity to develop a gradation of building heights down to single g g detached
dwellings.
In addition, the building has been shifted to the north side of the property from the
proposal shown to the residents in January, bringing the siting of this tall
g g g building
closer to the single detached dwellings on Emma Street. The building uilding should be
reduced in height and located as far from abutting dwellings as possible and
g g
towards the front of the site. Redesigning the site also may allow
Redesigning y w for increased
efficiencies in the parking layout, thereby creating more landscaped Y g aped open space to
buffer adjacent uses. A building architecture that would be complementary to the
architecture of the adjacent single detached dwellings should also so be considered.
July 9, 2007 4 PD-2007-57
A site on the east side of St. Paul Avenue and south of the adjacent hydro power
line corridor was zoned in 1991 for a 6- storey apartment dwelling. This project,
g p 1
although still unbuilt, was approved on the basis that it abutted the hydro corridor
to its north and impacts on the residences to the east and to the south would be
mitigated by increased building setbacks (15.5 metres or 50 feet). In addition,
parking for the development was provided underground, allowing for increased
landscape coverage to further mitigate impacts on surrounding properties. The
owner of this project has considered developing these lands for a single storey
commercial development rather than the permitted apartment dwelling, but has not
submitted a formal request to do so.
2. The requested zoning is not in keeping with the Official Plan.
The requested R5C zone would permit a building that is nearly twice as tall as what
is currently permitted on the site. For the reasons noted above, this is not
appropriate for the site or for the surrounding area. A zone category which reflects
the height limits contained in the Official Plan would be more appropriate.
CONCLUSION:
1. The application to amend the Zoning By -law to permit a 5- storey, 49 unit apartment
building on the site cannot be supported for the following reasons:
It does not conform with the Residential policies of the Official Plan, in
particular the siting of taller apartment buildings and protecting low density
residential areas from the adverse impacts of high rise development.
2. The applicant should consider reducing the height of the development and
redesigning the development to ensure it is compatible with the surrounding
residential area.
A.Bryce:gd
Attach.
The height of the development would be out of character with surrounding
residential uses.
Recommended by:
Approved by:
Respectfully submitted:
Doug Darbyson, Director of Planning Development
Ed Du'lovc, Execu4
ector of
S:1PDR\20071PD- 2007 -57, AM-41 -2006, 2799 St. Paul Avenue, Wedgewood Builders.wpd
acDonald, Chief Administrative Officer
''unity Services
Subject Land
Location: 2799 St. Paul Avenue
Applicant: Wedgewood Builders
K:\GIS_ Requests\ 2006\ Schedules \ZoningAM\AM- 41 \mapping.map
SCHEDULE 1
LOCATION MAP
Amending the Official Plan and Zoning By -Law No. 79 -200
N
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1:NTS
AM- 41/2006
June 2007
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REAR (NORTH ELEVATION
x.tie 3n7• •ro-
FRONT (SOUTH) ELEVATION
Niagara Region
PLANNING AND DEVELOPMENT
January 8, 2007
Andrew Bryce
Planner 2
City of Niagara Falls
4310 Queen St., 2 Floor
Niagara Falls, ON
L2 E 6X5
Dear Mr. Bryce:
Re: Zoning By -law Amendment Application
2799 St. Paul Avenue
Wedgewood Builders
City of Niagara Falls
Your File: AM- 41/2006
File: D.10.M.11.23
Planning
Scanned
'V kA`
The Regional Municipali y o 1
3550 Schmon Parkway, P.O. Box 1042
Thorold, Ontario L2V 4T7
Telephone: 905 -984 -3630
Fax: 905 -641 -5208
E- mail: plan@a regional.niagara.on.ca
This application proposes to rezone the above referenced property to permit a 7 storey
apartment building for 68 dwelling units. The site was previously rezoned to permit an
apartment development with a lower density. The following Provincial and Regional
comments are provided for your consideration.
The property is located within the Urban Area for Niagara Falls according to the
Regional Policy Plan. A range of residential uses and housing densities is permitted.
The Region's Smart Growth principles further promote more compact forms of
development and the efficient use of urban land and municipal services. Provincial
policies contained in the Provincial Policy Statement and Growth Plan for the Greater
Golden Horseshoe also emphasize the need to encourage residential intensification in
built -up areas within urban settlement boundaries. Although Provincial and Regional
policies generally support increased densities, local municipalities are primarily
responsible for determining appropriate locations for housing densities through policies
and regulations in the local Official Plan and Zoning By -law.
The subject lands are situated on the edge of a low density residential neighbourhood
and on an arterial road that provides convenient access to public transit, commercial
districts and community services. This may be an appropriate location for a multiple
form of housing (i.e. apartments); however, the City should be satisfied that the
proposed development for an increased density is in keeping with Section 1.7 of the
City's Official Plan and compatible with the adjacent residential neighbourhood.
Based on the above comments, Regional Planning staff is not o D
application from a Provincial or Regional planning perspective. C
Building Community. Building Lives. JAN 10 2v07
PLANNING
DEVELOPMENT_
Please send notice of City Council's decision on this application.
Yours truly, Peter Colosimo, MC I P, RPP
Senior Planner
c: D. Darbyson, City of Niagara Falls
M iMSWORD\PC1Niagara Falls \NFzbia \St Paul Wedgewood.doc
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FEB 2 0 2007
PLANNING
DEVELOPMENT
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JUN 19 2007
PLA NNING
l4� DEVELOPMENT
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6/14/2007) Cindy Brao City File AM-41/200§_
Pale 1
From:
To:
Date:
Subject:
Andrew Bryce
Cindy Brao
6/14/2007 1 :04 PM
City File AM- 41/2006
Cindy, please add this as a submission for the July 9 Council meeting.
AB
Doug Darbyson 6/14/2007 12:21 PM
"Deanne Merante" <deannem ran Ca eco 6114/2007 11:49 AM
Mr. Darbyson,
I am opposed to the amendment application for zoning by -law for city file
AM- 41/2006. I and other neighbors are against having this rezoned to a 5
story apartment building. The current 3 story would not be as bad as a
towering 5 story building would. Most homes in this area are only 2 story,
it is bad enough to pay such high taxes for our homes, but to depreciate
them because we have to look at a 5 story high rise would be a crime. It
would be nice to finally have that empty field turned Into something, but 5
stories high they would stick out like a sore thumb, and we would no longer
have any privacy in our backyards because of all the apartments on the top 2
floors. Please do not change the current 3 story application to a 5 story
application.
Thank you
Deanne Merante
905- 358 -2931
6240 Giovina Drive
RECEIVED
JUN '1
PLANNING
DEVELOPMENT
Director of Planning and Development,
City Hall, 4310 Queen St.
Niagara Falls, ON. L2E 6X5
This is to advise that we are residents of ba `i q Ju pie- 6
proposed 49 unit, 5 storey apartment building at 2799 St.Paul St.
When this property was re -zoned for apartments in 2002 By-law 2001-135) we were not pleased with
the proposal, however we have reluctantly accepted the idea of a 32 unit, 3 storey apartment building
at this location. Now we have this proposal which will further increase the occupancy of this site.
The developer is now proposing a 5 storey building, an increase in height of approximately 30
feet. Almost 80% higher than originally planned.
The proposed height will block the morning sun for several residents on Jupiter Blvd. and Emma St.
There will be an increase in noise and a loss of rear yard privacy. The developer has informed the
local residents that the large tees along the westerly and southern property line are to be removed
thereby decreasing the screening and our privacy even more, not to speak of the loss of the mature
trees in general. The increase in the number of vehicles by approximately 40% will make the entrance
and exit onto St. Paul St. even more difficult for surrounding residents and businesses.
The City's Official Plan states that although there is a demand for a variety of multiple residential
accommodations it also states that these types will "not be mixed indiscriminately, but will be
arranged in a graduation of building height and densities". The Official Plan continues by saying
that "street townhouses, block townhouses, maisonettes, apartments and other similar multiple unit
structures 2 to 3 storeys can be developed to a maximum of 50 units per hectare."
The Official Plan also encourages new residential development and infillin g but states that it is to "be
designed and integrated to achieve compatibility and sensitivity with the surrounding area in
terms of density, height and graduation, building mass and arrangement The design of the
proposed 5 storey building is an unpleasant looking "box" that does riot integrate into the
neighbourhood. It is not compatible with the existing uses. The density is greater than what exists and
the height is excessive in comparison with the existing houses.
Obviously the project is not economically viable as a three storey building from the developer's point
of view. The existing residents have an investment in their property and foresee an overwhelming
i
decrease in the property value if this proposal is approved.
We encourage you to eny this application.
iIa2 7; 1d
Re: City File AM- 4112006
c/Lc.ex
June 26, 2007
and we object to the
1 RECEIVED
JUN262007
PLANNING
DEVELOPMENT
6/26/2007) Cindy Brao Fwd: 2799 S #.Paul Ave, Fiie# AM41/2006
From: Andrew Bryce
To: Cindy Brao
Date: 6/26/2007 9:37 AM
Subject: Fwd: 2799 St. Paul Ave, File# AM41/2006
Cindy, please put this on the Agenda for the July 9 Council Meeting.
Thank you, Andrew
Doug Darbyson 6/25/2007 3:06 PM
4.,
"Grace Camieilo" <gc 6/25/2007 12:47 PM
Hi Doug: My name is Grace Camiello you may also know me as Grave from Dr. Chong's office). I am writing on be
husband and myself to express our disapproval of the to half of my
condominium on 2799 St. Paul (C�ty Fite: AM-41/2006). amendment to permit development of a 5 storey, 49 unit
When my husband and 1 first approached the developer of our
subdivision back in 1988, we were perfectly aware that the land in question was zoned Residential rtmen
3 storey, 21 unit apartment dwelling. We, along with the rest of the residents on our street, accepted this t development of a
will be intrusive to our already established upper The proposed re- zoning
pper middle Bass single dwelling homes. This will be destructive to our home equity
values, and will be disruptive with traffic and noise Issues. We also have concerns of preservation of nearby nature sites 1
Haulage Trail). It is our hope that all considerations will be made to our concerns. M we ask is that the current e..
change!!! ent zoning not
Thank you for your attention to this matter.
Grace Camiello, 6315 Emma Street.
RECEIVED
JUN. 262007
PLANNING
DEVELOPMENT
Page 1
June 24, 2007
City of Niagara Falls
Planning Development
4310 Queen Street
Niagara Falls, ON 1.1E 6X5
Dear Mr. Darbyson
RE: City File AM- 41 2QQ 2799 St. jrnJv.
We are writing a letter of objection for the proposed development at 274Ct 5t. Paul Ave.
We live at 6284 Emma Street (Lot 10). We built our home 3 years ago. Before we
purchased our lot, we called City Hall to find out the zoning of the parcel of land directly
behind us. We were told that the land was already re -zoned to (RSA -547), which would
permit a 3- storey apartment. We were full aware of that possibility and took that into
consideration before we purchased our lot. We are not here to dispute a 3-storey
apartment dwelling. However, building a 5- storey apartment building does have that
much more impact on our home and lives.
A 5- storey apartment building will affect Lot 10 considerably. It will be very unfair for
the City to approve this type of development. We would not have built our family home,
our family investment if the land was zoned for a 5- storey. Our rear lot is 150 feet wide.
That means that we will have 150 feet of the apartment in our backyard. This also
means we will have people looking out of their apartments, their balconies at us. There
are a few spectacular full-grown trees about 10 feet from the property line. It would be a
disgrace to remove this beautiful nature. The developer wants them cleared.
Please consider the residents of Emma Street. We are concerned about the increase in
noise from cars, people, air conditioning units, garbage tracks, and traffic. We are
concerned about the lighting at night, the pollution from autos parking and ultimately we
are sick of the thought of having our privacy invaded. We have young children and the
thought of someone looking down at them from the fifth floor makes us sick.
We ask that you take our considerations to heart. No one wants to have a 5
apartment building in their backyards. The land has already been rezoned once. We
need to stop this development. It is not in character with the existing neighborhood.
One last thing, this development to build a 5-storey apartment is all about GREED.
P Y p
The land is zoned for a 3- storey. Why not build that!
Thank you,
Mara and Sam Mannella
RECEIVED
JUN25 2007
PLANNING
DEVELOPMENT
This form letter was submitted by 51 area
residents. For duplication reasons, we are only
producing one copy for Council's information.
We encour age you to deny of
411 66 a
RE: City File AM 41/2006
June 242()O7
DIRECTOR OF PLANNING AND DEVELOPMENT:
This is to advise that we are residents of ../SW 441rie and we object to the
proposed 49 unit. 5 storey apartment building at 2799 St. Paul St.
When this P roperty was re -zoned for apartments in 2001 -law 2001-135) we were not
p proposal. leased with the p osal. however we have reluctantly accepted the idea of a 32unit, 3
p
storey apartment building at this location which it is zoned for. Now we have this
proposal which will further increase the occupancy of this site.
The proposing developer is now pro oayng a 5 storey building, and increase in height of
P p
approximately 30 feet. Almost 80% higher that originally planned. N 4T
ACCEPTABLE.
The ro osed height will block the morning sun for several residents on Jupiter Dr. and
P p
Emma St.. there will be an increase in noise and a loss of rear yard privacy. The
developer has informed the local residents that the large trees along the westerly and
southern P roperty line are to be removed thereby decreasing the screening and our
privacy even more. not to speak of the loss of the mature trees in general..
The City's Official Plan states that although there is a demand for a variety of multiple
residential accommodation it also states that these types will "not be mixed
indiscriminately, but will be arranged in a graduation of building height and
densities The OP continues by saying that street townhouses. block townhouses.
maisonettes, apartments. and other similar multiple unit structures 2 to 3 storeys can be
developed to a maximum of 50 units per hectare The Official Plan also encourages new
residential development and infilling but it states that it is to '`be designed and
integrated ted to achieve compatibility and sensitivity with the surrounding area in
terms of density, height graduation, building mass and arrangement" The design of
ty, gh g into
proposed storey building is an unpleasant looking BOX, it does not integrate nto
the neighborhood, it is not compatible with the existing uses, the density is greater than
what exists and the height is excessive in comparison with the existing houses.
Obviously the project is not economically viable as a three storey building from the
point
developers oint of view. The existing residents have an investment in their property and
p
foresee an overwhelming decrease in the property value if this proposal is approved. We.
the undersigned, are concerned citizens who urge our leaders to act now to oppose the
site specific R5c Rezoning application and any application to change the current
zoning of 2799 St. Paul Ave.
date
c
RECEIVED
JUN252007
PLANNING
1 DEVELOPMENT
This is the first page of a petition signed by 106
area residents. For duplication reasons, we are
only producing one copy for Council's
information.
.4. .1
Petition tik ppose Site e Specific R5C Rezoning to 2799 St. Paul
1
Action etitioned for:
Wedgewood Builders of Niagara Ltd., a local Development Company is applying to the City of Niagara Falls, to change the
ackground current 3 storey, 32 unit apartment zoning for the vacant property at 2799 St.Paul Avenue (next to the Queen's Coach
Restaurant) to a 5 storey, 49 unit condominium. It is the position of the affected residents listed below, that the current zoning
is consistent with the residential nature of the neighbourhood, and that the proposed zoning and 5 storey condo development
are intrusive, destructive to home equity values, out of character with all existing buildings in the immediate area, and has
the potential to create severe site nuisances to the nearby residents.
We, the undersigned, are concerned citizens who urge our leaders to act now to oppose the site specific R5C Rezoning
plication and an al lication to chan e the current zoning of 2799 St Paul Ave.
Please notify me if any zoning bylaw amendment
occurs.
Please notify me if any zoning bylaw amendment
occurs.
Please notify me if any zoning bylaw amendment
occurs.
Please notify me if any zoning bylaw amendment
occurs.
Please notify me if any zoning bylaw amendment
occurs.
Please notify me if any zoning bylaw amendment
occurs.
Please notify me if any zoning bylaw amendment
occurs.
Please notify me if any zoning bylaw amendment
occurs.
Petition to Mayor a Council in opposition of Site Specific R5C
Submitted to the City Clerk Et the Director of Planning on
cox3 ■S
Please notify me if any zoning bylaw amendment
occurs.
zoning to NT Ave.
P
„j lan
ic
File:
2-- ew
0?
0
RECEIVED
ge 1 3titsi 2 9 2007
PLANNING
DEVELOPMENT
July 9, 2007 PD -2007-
14
His Worship Mayor Ted Said
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RECOMMENDATIONS:
NiagaraJ
Re: PD- 2007 -14
Status Report on Downtown Revitalization
y i
'i In light of the Market Overview and Economic Analysis, that Council direct direct that the
various Downtown studies be completed and a revised hased approach p pp h for
downtown redevelopment be adopted, as follows:
a) refocusing of retail and civic improvements to the eastern section of
Downtown;
b) limit proposed streetscape improvements, at this time, to along Queen g Q Street
from east of St. Clair Avenue to River Road; and along Erie Avenue from
m
Bridge Street to Queen Street, subject to 2008 budget et considerations;
g
c) complete the EA studies for the Eastern Gateway and parking structure p g re at Erie
Avenue and Park Street; and
d) defer any road improvements for the Western Gateway.
2. That Council support a proactive leadership strategy that will involve the following:
a) carrying out of an assessment and packaging of key City -owned properties
that can be made available through a Request for Proposal (RFP) process;
b) develop a land assembly s trategy that will encourage future residential
development in the Downtown; and
c) identify Centennial Square as the civic focal point and public space of
Downtown.
3. That a special meeting of Council be held upon the completion p p ton of the Downtown
studies together with a y proposed project construction schedule and budget for
Council's consider ti 2008.
reet, .O Box 1023, Niagara Fal
Canada L2E 6X5 905- 356 -7521 www.niagarafalls.c
Working Together to Serve Our Community
r
Community Services Departrr
Planning Development
July 9, 2007
BACKGROUND:
2 PD-2007-14
Downtowns are the heart of any community and research shows that a healthy and vibrant
downtown boosts the economic well being and quality of life in a community. Not unlike
many cities, Downtown Niagara Falls has been faced with, and continues to face,
deterioration. This is unlikely to change without decisive action steps being undertaken.
There are several factors that have caused the Downtown's decline, including changes to
g g
the retail market and development of regional, suburban -based shopping centres. In spite
p
of the above, the Downtown continues to provide a strong business and professional office
sector with a number of banks, lawyers' and doctors' offices located in the area. The
Downtown also remains a major transportation hub to the City with the location of a VIA
Rail Station and City's Transit. There are a number of historic buildings Downtown that
provide character and nostalgia. These buildings are worthy of preservation and
improvement that can create a unique shopping and cultural experience for locals and
tourists. Since Downtown abuts River Road, it also has the ability to encourage visits by
its that currently pass by ts doorstep.
Dr. Kent Robertson, a professor at the St. Cloud State University Minnesota, outlines the
trend toward Downtown redevelopment:
"Cities of all sizes, value downtown for its economic benefits, heritage, identity, and sense
of community /place. The entire community, not just the downtown, benefits from a healthy
downtown. Second, a strong commitment by local government, in conjunction with a well
organized and active private sector, is essential for successful downtown development."
There is potential for Niagara Falls' Downtown to be a unique place to live, work and shop
is very real but the time for action is running out.
City Council recognized the need for change by approving a Community Improvement Plan
(CIP) for the Downtown in December 2004. The CIP set out a framework to guide public
g, p
sector investment and stimulate private sector investment. The CIP recognized that a
healthy, viable downtown is important to the economic health, civic pride and history of a
this p rY
community. It is for this reason that City Council took steps to implement a package of
financial incentive programs to promote redevelopment and now must consider additional
action steps that will help determine its future.
On May 8, 2006, Council approved the Downtown Strategic Implementation Plan (SIP)
prepared by the Walker Group headed by Jay Valgora. The SIP identified approximately
$36 million worth of physical improvements to the appearance and infrastructure of
Downtown. While these targeted improvements had been designated as short term (0 to
2 years) and /or medium term (2 to 5 years) under the Downtown CIP, the SIP had
envisioned a more accelerated time frame focusing on May 2008 as the construction
completion date. It was the underlying objective of the SIP to create a "sudden and
dramatic" change in the Downtown in order to attract the type and magnitude of retail
development contemplated.
Council committed $1.66 million in funding toward the preparation of detailed studies to
fully implement Phase 1 of the approved SIP revitalization strategy. Many of these studies
have been inactive pending the completion of the Market Feasibility Study and direction
from Council. The following studies were commissioned:
July 9, 2007
3 PD- 2007 -14
Queen Street Road and Streetscape Design
g n
Parking Action Plan and Parking Structure Environmental Assessment
Eastern Gateway Environmental Assessment
Western Gateway Environmental Assessment
Huron Street Environmental Assessment
Urban Design Guidelines
Official Plan and Zoning By -law Review
Property Acquisition and Disposition Strategy
gY
Park Planning Designs for the Gateways and Civic Square
A number of changes have occurred since staff was directed to complete the necessary
studies and they include the following:
1. Staff Report L- 2006 -43 was presented to Council in the fall of
2006 which described
various scenarios regarding property acquisition and disposition;
2. Staff was directed to have an independent Market Feasibility Study prepared for
Downtown. The study is now completed. The study identifies the Y e available market
opportunities for Downtown retail revitalization, a cost benefit analysis associated
sociated
with the City's investments in infrastructure and a scaled-down approach for
undertaking of Phase 1 improvements;
3. There has been a change in the members of City Council
y unc�l as a result of the
municipal elections held in November 2006;
4. In December 2006, Council approved a motion limiting funds civic
g for civic improvements
to $12 million with support of seeking matching funds from g m the Federal and
Provincial Governments;
5. In May 2007, Council removed the $12 million for civic improvements as part of the
City's 5 -year Capital Budget Plan; and
6. The BIA has retained a marketing consultant to explore lore t impacts p the economic impacts and
spin -off effects associated with a revitalized downtown. A presentation p ntation of their
i
study findings is scheduled for July 9, 2007.
Market Feasibility Study
One of the key studies commissioned by City Council for Downtown
Y Y owntown revitalization is the
Market Feasibility Study, prepared by Joseph Urban Consultants nts and Altus Clayton. The
major findings of the study, which is being presented to Council p cal on July 9, 2007, are
highlighted as follows:
A market opportunity currently exists for approximately 205 000
pp y square feet of retail,
personal service and restaurant space.
Based on a successful Phase 1 program, a further Phase 2
program of 225,000
square feet could be carried out producing a total ro ram of 430 0
p g 430,000 square feet.
The SIP contemplated a much larger development scenario approaching o p o approaching 800,000
square feet with over 50 /o in new construction. The consultants feel that the
July 9, 2007
4 PD- 2007 -14
municipality will be strongly challenged to implement the Phase 1 and Phase 2
programs suggested in the Market Feasibility Study totaling 430,000 square feet.
Where the SIP contemplated a retail market with a predominance of strong national
tenants, the Market Feasibility Study did not find a sufficient concentration of the
higher income components in this trade area to support such retailers.
The study concludes that retail revitalization should be focused in the Queen
Street/Erie Avenue area with a much stronger linkage to both River Road and the
People Mover system.
The Erie Street frontage should be strengthened with stronger parking and
g p g
functional linkages to both the bus station and the train station.
The central area of Queen Street which lies west of Erie Avenue should be
reinforced with medium density housing such as townhouses along Park Street,
Bridge Street and Huron Street.
While the City can make capital improvements in the form of streetscapes, parking
p p g
and transportation, it remains the responsibility of the property owners themselves
to lease, improve and operate a successful downtown.
The timing of additional infrastructure requirements will depend on the success of
the first phase and the demands of the ultimate merchandising mix, land use
patterns and the ultimate degree of residential intensification.
Economic Impact Outlined in Market Feasibility Study
A series of low, medium and high residential scenarios were carried out to
determine the City's projected return on investment. Three charts were prepared
setting out the projected costs (including parking structure and financial incentive
programs) and projected revenues (including sale of City land and incremental tax
revenue). The net benefits to the City of their investment range from a loss of $1
million to a net gain of $7.8 million, when expressed as a net present value over the
20 -year time frame.
The first phase of the proposed plan will bring some 680 additional employees to
the Downtown area.
The planned infrastructure and development work will generate a number of direct
and indirect benefits including up to 2,200 person years of employment and
generate some $12 million in tax revenue for senior levels of government.
Phase 1 Development Proposed in the SIP
The Market Feasibility Study recommends a more realistic and ra matic approach for
P g pp
Downtown revitalization, more in keeping with the original CIP Rather than the $36 million
infrastructure investment program comprised of streetscapin g improvements rovements over the
entire length of Queen Street, improvements to both the eastern and western gateways
into g Y
nto the Downtown and a new parking structure, all in the first phase, the consultants
are recommending a far more focused approach. Based on the retail redevelopment
July 9, 2007 5 PD-2007-14
opportunities available, the consultants recommend that first phase streetscaping
Gaping
improvements be confined to the retail redevelopment area at Queen Street and Erie
Avenue, that the parking structure be reduced in size and that emphasis
improvements p be placed on
eastern gateway improvements to facilitate tourist traffic into the downtown.
The
acceptance of the Market Feasibility Study's recommendations will have an impact on
p the
studies being completed for the Phase 1 development. Through this report, staff is seeking
p s seeking
direction from Council that will allow the completion of the studies. The status
of the major
studies and preliminary cost estimates are highlighted as follows:
a) Queen Street Road and n Streetscape Design
g
The design drawings for Queen Street are being prepared utilizing an "authentic
g p p g authentic
historical" theme as recommended in the SIP and include wider sidewalks, street
furniture, lamp posts and street trees. There have been some
challenges
experienced because of the narrow road allowance of Queen Street, but
the
consultants are endeavouring to complete the street design having regard to
g g g the
SIP vision. Staff has met with the Downtown BIA regarding the streets
cape g cape plans
and they support the vision as depicted in the SIP. The relimina cost estimates
ry mates
of the road and streetscaping design for the reduced area ro osed in the p he Market
Feasibility Study is approximately $3 million.
Erie Avenue /Park Street Parking Structure Environmental Assessment
Parking Action Plan
The Environmental Assessment for the parking structure at the corner Erie
e r of Erie
Avenue and Park Street is near completion. The work includes an assessment of
the Downtown parking needs as a result of the anticipated development,
p the most
effective means of administering parking services and developing the phasing p g p asing ofthe
parking structure. The construction of the structure would occur when the demand
warrants and could relate to the possible development of the King Eddy site which
y h
is currently used for parking by City Hall staff. As a result of the recommendations
of the Market Feasibility Study, the proposed arkin structure can be
P g reduced in
size. The benefits of a smaller parking structure will ensure that there will
be no
impact on the properties fronting along Queen Street and also provide p de some cost
savings as compared to earlier estimates. The cost of a parkin g structure and
improvements to two surface parking lots as identified in the Market Feasibilit..
Stud. is approximately Y
Y pp ly $13
Eastern Gateway Environmental Assessment
The Eastern Gateway represents a significant challenge for the City. It i
g y is important
that a bold new change occur at this gateway that will encourage tourists g sts to travel
downtown from River Road. The need to encourage traffic to travel
g up Queen
Street from River Road has been well documented in previous downtown p own studies
and is critical to the successful revitalization of the Downtown. The consulting firm
of Totten Sims Hubicki (TSH) is preparing the Environmental Assessm will
evaluate improvements aimed at generating the largest est economic
g g stimulus for
Downtown. The consultants are preparing road improvement rovement altern
p atives and they
will be subject to further review as part of the Environmental Review
process. A key
component of the design options will be to encourage commercial and residential
tai
development in the vicinity of Queen Street and River Road. The
preliminary cost
July 9, 2007 6 PD- 2007 -14
of the alternatives ranges from $1.5 to $3 million, which does not include land costs
outside of the road improvement areas. As part of the EA process, the consultants
are utilizing visualization through Niagara College to illustrate how the
redevelopment could appear. The visualization will be shown at the Jul 9, 2007
July
Council meeting.
d) Western Gateway Environmental Assessment
The consultants for the Western Gateway have prepared several road design
alternatives to implement the conceptual design as contained in the SIP. As a
result of the recommendations set out in the Marketing Feasibility Study, Y y,
possible refocusing on the easterly section of Queen Street, it is recommended that
any road improvements for the Western Gateway be deferred.
Revitalization of Downtown
Staff believes that the Council- approved CIP and SIP provide an appropriate ro riate and sound
framework for downtown revitalization. With the program modifications recommended in
the Market Feasibility Study, Council is in a better position to direct staff as to the
completion of detailed studies for the targeted downtown improvements. It is
recommended that Council endorse the following modifications for Phase 1 Downtown
improvements.
1. A refocusing of retail and civic improvements to the eastern section of Downtown;
2. Complete streetscape improvements along Queen Street from east of St. Clair
Avenue to River Road and along Erie Avenue from Bridge Street to Queen
g Q Street,
3. Complete the detailed EA study for the Eastern Gateway to facilitate tourism traffic
into the Downtown and to provide an economic stimulus for adjacent land
development;
4. Complete the EA study for a smaller parking structure at Erie Avenue and Park
Street; and
5. Defer any road improvements for the Western Gateway.
Y
Additional Proposed Action Steps
This staff report essentially endorses the findings and recommendations set out in the
Market Feasibility Study. A more focused, pragmatic approach to downtown revitalization
would appear to be more realistic strategy. However, in order to be successful in this
endeavor, a strong commitment needs to be made by the City and Downtown BIA to work
Y o o rk
i
together in marketing, promoting and investing in both public realm and private property
improvements. p p p Y
improvements. To this end, the City needs to be proactive in its leadership strategy to
p gY
guide the process. In this regard, the following action steps are proposed:
osed:
p p p
1. Complete the various studies for Downtown based up the results of the Market
p
Feasibility Study and present the studies to Council for final approval and budget
commitment, for 2008.
pp g
July 9, 2007
7 PD- 2007 -14
2. The City is the owner of key properties in the Downtown and
nd �t is proposed that
certain properties be packaged and made available for development p purposes
through a Request for Proposal (RFP) process. One such property is the King p Y g Eddy
parking lot which would be available for develo pment as a result of the
p construction
of the proposed parking garage at Erie Avenue and Park Street.
The sale of
municipal properties for redevelopment has been used successful) in cities
other cities
in Ontario and we could follow their model.
3. The Municipal Strategy section of the City's Downtown
Y CIP empowers the
municipality to acquire and dispose of land. It is ro osed that the City p tydevelopa
land assembly strategy that would seek out underutilized roe i
p p rt es throughout the
Downtown area that could be purchased, consolidated and sold residential
d for residential
redevelopment purposes. This initiative would create more significant nific
g ant parcels of
land available for new residential development and is key to the achieving key City achieving a
positive return on their investment.
4. Carry out an assessment for an expanded Centennial Square in front of City Hall
(recommended in the Downtown Community Improvement Plan) as opposed to the
development of a multi million dollar Civic Square as recommended in the SIP. This
would create land available for development at the southeast corner of Queen
Street and Erie Avenue, closer to the Eastern Gateway to Downtown.
Incentive Programs
The grant and loans programs approved as art of the CIP remain main a cornerstone to
Downtown development. With the final draft of the Urban Design received,
Guidelines received,
guidelines are in place for downtown building owners to contemplate improvement
p to facade improvement
and building restoration. Staff encourages property owners to submit applications. p p Y ubm�t applications. A
marketing program, possibly in partnership with the Downtown BIA, ,would be beneficial to
formally launch and publicize these programs.
Funding
Council did approve $470,000 in 2007 for the implementation incentive
of the financial incentive
programs for Downtown. An additional $480,000 is in a Special Purpose p p Reserves for the
Downtown CIP account. Landowners are encouraged to submit applications financial
g t applications for financial
Approximately $1.1 million, of monies approved in 2006, remains
downtown p in the budget to complete
the various owntown studies. If these monies are not spent completion ton the completion of the
studies, they would have to be reallocated to a ment of existing debt, Y g bt, because funds had
already been borrowed.
If Council approves the recommendations in the report, no new ew money will need to be
i
allocated in 2007. Upon completion of the various studies, staff
will have a better gauge
on future costs, which Council can consider during 2008 budget deliberations. g t deliberations.
July 9, 2007
CONCLUSION:
The City is in a position to provide true leadership for the revitalization of Downtown. This
report encourages a moving forward phased approach of action that is more in keeping
with the directive in the Downtown Community Improvement Plan. It is clear that
Downtown revitalization will not be achieved unless there is public investment in
infrastructure by the City, as well as a commitment from the BIA, investors and Downtown
property owners. The action steps provided in this report will p rovide direction to staff and
establish a more realistic approach for the revitalization of Downtown.
Recommended by:
Approved by:
Respectfully submitted:
B. Bolibruck:tc
V :12007COUNCIL10707091PD- 2007 -14, Status of Downtown Studies.wpd
8 PD- 2007 -14
Doug Darbyson, Director of Planning Development
Ed Dujlovic, Exe D
ft-
r of Community Services
MacDonald, Chief Administrative Officer
Down wn
NiaaraFall
Board of Management
g ment
June 7, 2007
Mr. Dean Iorfida, Clerk
City of Niagara Falls
4310 Queen Street
Box 1023
Niagara Falls, Ontario L2E 6X5
Dear Dean:
The Downtown Board of Management truly appreciates all the effort of City
Staff members in our revitalization cause. We believe it is of vital importance to
the health of the City as a whole and that it will provide the residents of Niagara
Falls with a place to live, work, meet, shop, play and that it will restore the heart
of the City and our civic pride.
Thank you again for ensuring that Fran Hohol of PKF is on July agenda. a enda. We
believe that her report will enhance Henry Joseph's report and provide valuable
p
information to Council.
Yours truly,
nn Guilbeault
Chairman
/dd
a°
r ...e ....e Y E
i agara Falls, Ontario
L2E 6S8
Downtown Niagara Fails: Where Friends Make the Difference
Tel.: (905) 354 -0606
Fax: (905) 354 -5541
bia @niagarafallsdowntown.com
www.niagarafallsdowntown.com
Den Xorlda Re: Niagara Council meeting ul. 9
Y
From: <DiCiccoPoet @aol.com>
To: <fr.stumac @gmail.com> <ccam. bell nia a <DiCiccoPoet@aol.com>,
p g rafalls.ca>, D�C�ccoPoet@aol.com
<deklerck @sympatico.ca>, <info @mansfeldpress.net <ta lorcmt mac.com>
Date: 6/23/2007 3:05 AM
y
Subject: Re: Niagara Council meeting July 9
Page 1 of 1
Downtown revitalization; a blessing or a bother? A source of revenue or a resource for urban citizenship?
thin ship Niagara
Falls has everything g going for it. Where does downtown fit in, between tourism and casinos? An outsider dares to
offer some thoughts. Pier Giorgio Di Cicco is Toronto's Poet Laureate, Curator of the Toronto Museum �Global Center for Cities, Principle of "Municipal Mind: eum Project
p p M nd: Agents of the Urban Motive and author of Municipal
Mind: Manifestos for the Creative City. He works closely with city builders in Toronto, Chicago, Calgary
municipalities in the area of creative economies. g ry and other
Culture is not extraneous, and it is not a sector.
It is a resource embedded in every civic act, waiting to be Liberated."
(from Municipal Mind: Manifestos for the Creative City)
Pier Giorgio Di Cicco
Poet Laureate, City of Toronto
Curator, Toronto Museum Project and Center for Global Cities
file //C :\Documents and Settings\di202\Local Settings \Temp\XPG wise146839BA5Dom... 6/28/2007
Corporate Services Department
Clerk's Division
Inter Department Memorandum
FROM: Dean Iorfida
City Clerk
Ext. 4271
Staff may report back in the future with regards to progress on any outstanding issues.
Y g
Niagaraa11s
cANAD
TO: Mayor Ted Salci DATE: July 9, 2007
Members of Council
RE: Status of Armoury Facility Opening as a Military Museum
The attached correspondence has been provided by the Board of Museums as an information update.
With regard to the incomplete items listed under Phase 2, Council should be aware that
meetings,
with all appropriate parties, are taking place the week prior to Council's meeting this evening.
vening.
Unfortunately, any possible developments regarding the incomplete items would be too late
P for
inclusion in tonight's Council agenda package.
k itu
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning Development
June 21, 2007
City of Niagara Fa11s Boar of 0 Museums
r c r
5$10 Ferr Street Nia ara Falls ijfil '0 #0`22 110b
Ferry Niagara
Tel: 905 -358 -5082 Fax: 905 -358 -0920
His Worship Mayor Ted Salci and Members of Niagara Falls City Council
The City of Niagara Falls
City Hall, P.O. Box 1023
4310 Queen Street
Niagara Falls, ON L2E 6X5
RE: Status of Armoury Facility Openinff as a Military Museum
Dear City Council:
Please find below a report on the status of the Armoury facility and its conversion into a
Military Museum. As directed by City Council Report #2005 -25 and mandated by City
of Niagara Falls By -laws #73 -23 and 76-65,
The Niagara Falls Board of Museums is making progress with the management of the
Armoury facility for the City of Niagara Falls, however the process is taking longer than
originally anticipated.
To recap, in June 2005 The Board of Museums' Armoury Sub Committee clarified the
Board's and Tenant's (Niagara Military Museum) roles, established an organizational
structure, prepared a draft timeline based on a May 2007 opening, and defined four (4)
phases to prepare the Armoury to open to the public:
Phase 1 (Complete)
This included clarification of landlord/tenant roles and preparation of an Asbestos
Management Plan.
Mould and asbestos removal and repair work completed.
Phase 2 (Incomplete)
Draft lease agreement was prepared by the City Solicitor and forwarded to the
Niagara Military Museum in August 2006.
Lease remains unsigned.
Repeated attempts by the City Solicitor and Board of Museums to resolve key
issues namely Museum Standards have been stalled by the Niagara Military
Museum's non attendance or cancellation of scheduled meetings.
The expectation of the City of Niagara Falls in the Board of Museums'
management of the Armoury is to ensure that anyone using the facility as a
museum would operate it in a manner consistent with currently accepted Museum
Standards.
The Standards for Community Museums in Ontario are established by the
Government of Ontario in Ontario Regulation 877, R.R.O. 1990. It is in the best
interests of the City of Niagara Falls and the Niagara Military Museum for these
standards to be a part of the lease agreement. Without this, the Niagara Military
Museum would be ineligible for any potential museum funding from higher levels
of government.
Budget of Board of Museums for facility management completed and approved
by Council
Niagara Military Museum financial plan/fundraising (incomplete)
Phase 3 (Not begun)
Set up of exhibits (Niagara Military Museum requests one year for set up.)
Marketing plan
Painting, repairs and installation of elevator as per building code.
Phase 4 Opening Armoury to public.
Separately, The Niagara Falls Armoury Museums Coalition, headed by Bob Foley, the
second group originally approved for tenancy in the Armoury, made the decision in
November 2005 that rather than have two separate entities operating military museums in
the same building, they would step aside, with the understanding they would be willing to
step in as tenants should the Niagara Military Museum be unable to continue.
According to the timelines discussed by the Board of Museums in consultation with the
Niagara Military Museum, we had anticipated the Armoury to be open as early as May
p Y Y
2007. However, without a signed lease agreement between the City and the Niagara
Military Museum, we remain stalled at Phase 2 and do not expect an opening to occur for
at least 12 months.
We remain steadfast in our desire to assist the Niagara Military Museum in order to see
the timely opening of the Armoury facility. Should you require any further information,
please do not hesitate to contact us.
Sincerely,
Go 'don West
irperson
iagara Falls Board of Museums
City of Niagara Falis Board of Museums
5810 Ferry Street Niagara Falls Ontario L2G 159
Tel: 905-358-5082 Fax: 905-358-0920
Mayor Ted Salci
City Hall
4310 Queen St.
Niagara Falls, Ontario
L2E 6X5
Dear Mayor Salci;
The Royal Canadian Legion, Branch 396, "Chippawa" is holding a "Support p g pport Our
Troops Fundraiser" on August 25, 2007. The proceeds from this event will g o to
g The
"Sapper" Mike McTeague Wounded Warriors Fund. Please find attached information
this fund.
rmatlon on
We are planning a wreath laying service at Cummington Square in "Chi aw
parade to pp a a
short
p the Legion Branch with a wreath laying service at the cenotaph at the
Branch followed by an opening p
y ceremony at the Branch. We are also planning on live
bands playing throughout the day with hamburgers and hotdogs for sale. Motorcyclists
g a cyclists
from the Canadian Army Veterans Motorcycle Unit are lannin g to do a "bike run" p g run with
the proceeds to go to the cause as well.
We would appreciate The City of Niagara Falls p roclaimin
g p g August 25, 2007
"Support Our Troops Day
We extend an invitation to you to attend this function and to enjoy the hospitality
at the Branch afterwards.
Yours ruly,
on Smith,
President,
Branch 396
(905)295 -4451
The Royal Canadian Legion
Ontario Branch 396, Chippawa
3860 Legion Street
Niagara Falls, Ontario
L2G 6C9
(905) 295 =4451
They served till death. Why not we?
June 20, 2007
Proclamation
Whereas since 1947, the Canadian Forces have completed 72 international
operations; and
Whereas Canadian Forces are currently deployed in Afghanistan, Iraq,
Bosnia Herzegovina, Haiti, the Golan Heights, Sinai, Jerusalem, Cyprus,
Democratic Republic of the Congo, Sudan, Western Sudan and Sierra
Leone; and
Whereas promoting awareness of issues affecting the general morale and
welfare of our soldiers and their families; and
Whereas The Royal Canadian Legion Branch 396 (Chippawa) would like
Saturday, August 25, 2007 proclaimed in the City of Niagara Falls; and
Now Therefore I, Ted Salci, Mayor of the City of Niagara Falls do hereby
proclaim Saturday, August 25, 2007 as "Support Our Troops Day" in the
City of Niagara Falls.
Corporate Services Department
Clerk's Division
Inter Department Memorandum
TO: Mayor Ted Salci DAT
E July 9, 2007
Members of Council
FROM: Dean Iorfi da
City Clerk
Ext. 4271
RE: Optimist Club Request for Financial Assistance for Parking Lot
g Repairs
The attached correspondence has been submitted by the Optimist Club for financial assistance ssistance for
parking lot repairs and paving.
Although there is no denying the various community related events hosted by the Optimist y p ist Club, the
City has not budgeted for such a financial request for 2007.
In addition, it is staff's understanding that the Optimist Club has made applications financial
ns for financial
assistance through various external funding programs; therefore, staff is suggesting that the Optimist
p
pursue and exhaust external funding opportunities and if financial assistance is still required that the y
approach the City in the future.
RECOMMENDATION: The request be denied.
Niagarajlalls
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning Development
NIAGARA FALLS CITY COUNCIL
CITY OFMAGARA FALLS
4310 QUEEN STREET
NIAGARA FALLS ONTARIO
L2E 6X5
C /O- MAYOR TED SALCI
opGARA FA4(S
OPTIMISTS
FRED MARTIN
SECRETARY
THE BOARD OF DIRECTORS OF THE NIAGARA FALLS OPTIMIST CLUB IS ASKING
FOR ASSISTANCE WITH OUR PARKJNG LOT AT THE OPTIMIST YOUTH PARK.
THE LOT IS IN NEED OF REPAIRS. PATCHING OVER THE PEARS HAS HELPED,
BUT THE LOT IS IN NEED OFNEWASPHALT.
THIS IS WHY WEAREASKING THE CITY OF NIAGARA FALLS FOR ASSISTANCE IN
RE DOING OUR LOT.
DURING THE YEAR WE HOST MAIVY FUNCTIONS. CANADA DAY CELEBRATION,
TENDER WISHES CHRISTMAS PARTY, ROTARY CLUB RIB FEST, GIRLS MINOR
BALL AND USE OF PARKA AREA TO THE PUBLIC.
AS THE CONDITION OF THE LOT PRESENTS A PROBLEM TO THE PEOPLE THAT
PARK IN IT, WE ARE ASKING THE COUNCIL FOR FINANCIAL ASSISTANCE
TO HELP US RE PAVE THE LOT. THIS WILL MAKE IT SAFER FOR USE BY THE
HANDICAPPED AND PUBLIC USE.
WITH THE ESTIMATES RUNNINGAS HIGHAS$250,000.00, WE ARE FORCED TO
ASK FOR FINANCIAL ASSISTANCE FROM THE CITY COUNCIL, SO WE CAN GO
AHEAD AND REPAIR OUR LOT.
THE BOARD OF DIRECTORS
OPTIMIST CLUB ARA FALLS
THE OPTIMIST CLUB OF NIAGARA FALLS
P.O. Box 124, 4751 Dorchester Road, Niagara Falls, Ontario L2E 6S8 Phone: 905- 358 -0033 Fax: 905 358 -9661
July 9, 2007 CD- 2007 -15
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Niagarapalls
CANADA
Re:. CD- 2007 -15
Adult Entertainment Appeals
RECOMMENDATION:
That based on the recommendation of the Adult Entertainment Appeals Committee, the
appeals heard be granted; and
That staff approach the Police Services Board about taking over the appeals heard under
the City's Live Adult Businesses By -law (2002 -197); and
That staff amend the Live Adult Businesses By -law (2002 -197) accordingly, to allow for the
delegation of appeals' hearings to the Police Services Board
BACKGROUND:
City By -law 2002 -197, is a by -law that provides for the licensing, regulating, governing,
classifying and inspecting of body -rub parlours and a certain class of adult entertainment
parlours.
The City has an agreement with the Regional Municipality of Niagara Police Services
Board delegating the administration, inspection, enforcement, licensing and regulating of
adult entertainment parlours. The City maintains the administration, inspection,
enforcement, licensing and regulating of body rub parlours.
Under By -law 2002 -197 if an applicant is refused a licence, they may appeal requiring a
hearing of a committee of Council. An existing licensee, who has their licence revoked,
automatically receives a hearing. Upon conclusion of a hearing before the Committee, a
written report shall, as soon as practical, be presented to Council. This report is a result
of seven (7) appeals heard on July 5 at Committee Room #1, City Hall arising out of the
revocation of adult entertainers licenses by the licensing authority from the Police Services
Board.
een tree( P.O. Box. 1023, Niagara
Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca
Working Together to Serve Our Community
Corporate Services Department
Clerks
July 9, 2007 2 CD- 2007 -15
Niagara Regional Police Service
Appeal Hearings
The Municipality has an excellent working relationship with the Niagara Police Service. In
addition to the delegation of Adult Entertainment Parlours, the Police have assisted By-law
enforcement with infractions, including unlicensed Body Rub Parlours, been an integral
partner in the grow -op enforcement with Fire Services, have a presence on the Mayor's
Youth Advisory Committee and are, occasionally, asked to assist on other municipal
matters. Similarly, municipal staff tries to assist the Niagara Police Service whenever
possible, especially in a matter of public safety.
Y
In late June, the Niagara Police Service brought to staff's attention concerns that they had
about a specific gang infiltrating the Region's adult entertainment industry. The Niagara
Police Service's opinion was that the gang members, who had no visible means of income,
were likely living off the avails of adult entertainers and body rubbers and having them
engage in acts of prostitution. The gang in question had been identified as involved in two
area murders, shootings and a recent police swarming, in which threats of violence were
made. Based on their intelligence, the Niagara Police Service wished to revoke a number
of adult entertainers' licences and recommended the denial of the issuance of a number
of body rubbers' licences.
Because of the opportunity for a hearing based on the denial or revocation of a licence
under the City's Live Adult Businesses By -law, it was anticipated that there would the
need for numerous hearing dates. The Niagara Police Service was cautioned that our
Council are part -time members, which could make a multitude of hearings difficult.
Nonetheless, after a meeting between the appropriate City staff and representatives of the
Niagara Police Service, it was agreed that staff would assist the Police Service in dealing
with what they clearly perceive to be a threat to the safety of the public and to police
officers themselves by scheduling the first slate of hearings based on revocation of adult
entertainers licences. This writer, who is the issuer of body rubber licences, reserved
decision on whether to deny a number of body rub licences, that the Police Service
commented should not be issued, until after the first set of appeals.
Ten (10) hearings were scheduled before the Adult Entertainment Appeals Committee.
Seven (7) hearings proceeded, with two (2) hearings cancelled for technical reasons and
one hearing not occurring because the appellant had apparently left the Region. The
lawyer for the Police Services Board examined two witnesses, the issuer of licences and
a member of the Niagara Regional Police Services intelligence unit. The appellants were
cross examined, if they chose to testify and were appropriately sworn or affirmed.
Unfortunately, none of the appellants were represented by Legal Counsel, a right they have
at the hearings. Nor had any of the appellants been given notice on the evidence to be
used against them.
The Police Services Board was relying upon section 19(2)(g) of By -law 2002 -197 as the
grounds as to why the appeals should be denied, upholding the Issuer of Licence's
decision to revoke the adult entertainer's licences:
The burden of proof for such administrative hearings is "on the balance of probabilities"
and although such a burden is less onerous than the criminal standard of beyond a
reasonable doubt, the Committee had to be cognizant of the fact that the livelihood of the
appellants was being removed by the revocation of their business licence and the denial
of the appeal. Also, "guilt by association" is often difficult to prove. The evidence would
have to show that the appellants knew members of the identified gang and, on a balance
of probabilities, provided gang members with income that the appellants earned through
their job as exotic dancers.
Although the seven (7) appellants had varying degrees of credibility some general
conclusions can be drawn from all the hearings conducted:
July 9, 2007
3 CD- 2007 -15
The past or present conduct of the applicant or of anyone or more of the persons
referred to in paragraph (b) of this subsection affords reasonable grounds for belief
that the carrying on of the business in respect of which the licence is sought would
infringe the rights, or endanger the health or safety, of one or more members of the
public;
none of the appellants had criminal records.
all of the appellants had valid adult entertainers' licences, until the recent
revocation. In one case, the appellant had been licensed for more than four years,
without incident.
although there was no doubt that the gang in question exists, there was some
question as to who were and weren't members of the gang and the nature of the
association between possible gang members and the appellants.
no evidence was presented as to whether the identified gang members had criminal
records. In only one of the hearings did an appellant identify that they knew a gang
member who had been arrested in connection with one of the crimes identified by
Police.
although the Police identified incidents in which known gang members were at the
municipal address of one of the appellants, there was no evidence offered as to
whether the gang member actually was present at the appellant's apartment unit.
Often the incidents identified by the Police occurred at a multi residential building
like an apartment or town house complex or entailed the presence of a gang
member vehicle in the parking lot of a multi residential property in which an
appellant resided.
the connection between the appellants and the gang members often was merely
that they had come to Niagara from Nova Scotia.
there was no evidence of a financial connection between any of the appellants and
any of the alleged gang members.
although a Police Intelligence officer testified, most of the evidence was second-
hand.
although an adult entertainer's licence will allow an exotic dancer to work in adult
entertainment parlours throughout the Niagara Region, there was some question
as to whether the appellants were actually working in Niagara Falls upon revocation
of their licence.
July 9, 2007
Recommendations of the Adult Entertainment Appeals Committee
Although the Police showed evidence satisfying that there is a threat by the gang in
Y g g
question in the Region, they did not show enough evidence, on the balance of probabilities,
that there was a financial connection between the appellants and any gang members. In
Tight of the fact that the denial of the appeals would have serious consequences i.e., the
appellants would lose their livelihood), the Committee recommends to Council that the
appeals be granted and the appellants be allowed to resume their activities as licensed
adult entertainers. There was insufficient evidence to show that the resumption of the
appellant's licences would endanger the health and safety of one or more members of the
public.
Delegation of Authority
In the days leading up to the appeals, one of the Council members on the Adult
Entertainment Appeals committee resigned. The former Committee member expressed
concerns regarding safety, especially in light of the public profile of Council members, and
proposed that Council should not be involved in such hearings in the future.
The Council member's concerns are understandable and reasonable. Although one could
argue that there is an inherent public duty in ensuring that the municipality's b -law is
Y
upheld and individuals are given a right to a hearing, the fact that there could be reprisals
cannot be underplayed.
With the concerns expressed in mind, staff would recommend that it attempt to negotiate
with the Police Services Board to have hearings heard by their members. Currently, the
Police Services Board deals with licence appeals for taxi cab and tow truck drivers. It
would be necessary to make some amendments to the City's by -law and current
agreement with the Police Services Board to accomplish such a delegation. It has already
been expressed by the Police Services Board's lawyers that they would like to see some
wording changes to the City's By -law.
Recommended by:
Approved by:
Respectfully submitted:
4 CD- 2007 -15
Dean to i a, Ci lerk (L--
E. Burden, Acting Director of Corporate Services
MacDonald, Chief Administrative Officer
July 9, 2007 F- 2007 -27
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: F- 2007 -27
Municipal Accounts
RECOMMENDATION:
BACKGROUND:
Recommended by:
Approved by:
Respectfully submitted:
Ken
i
Joh
NiagaraFalls
That Council approve the municipal accounts totaling $22,087,243.39 for the period May
30, 2007 to June 26, 2007.
p
The accounts have been reviewed by the Acting Director of Financial Services and the
by -law authorizing payment is listed on tonight's Council agenda.
Todd Harrison, A ting Dir:ctor of Financial Services
urden, Acting Executive Director of Corporate Services
Z
acDonald, Chief
dminist
reet, ox =1
is a a
23, Niagara Fal s, ON, Canada L2E 6X5 905-356-7521 www niagarafalls ca
Working Together to Serve Our Community
tine Officer
Corporate Services Department
Finance
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
1019536 ONTARIO INC
1083246 ONTARIO LIMITED
1083278 ONTARIO LIMITED
1137754 ONTARIO INC
1149948 ONTARIO LTD
1184436 ONTARIO LTD
1184485 ONTARIO INC
1184521 ONTARIO LTD
1184538 ONTARIO LIMITED
1238838 ONTARIO LIMITED
1254225 ONTARIO INC
1372744 ONTARIO LTD
151702 CANADA INC
1568329 ONTARIO INC
1578891 ONTARIO LIMITED
1623565 ONTARIO LIMITED C/O AUBREY ZIDENBERG
1660708 ONTARIO INC
1683057 ONTARIO LTD
1712092 ONTARIO INC
2088937 ONTARIO INC.
2094204 ONTARIO LTD
2095527 ONTARIO LTD
367359 ONTARIO LTD
464586 ONTARIO LTD O/A LITE EROS LTD
547554 ONTARIO LIMITED
550857 ONTARIO LTD
603755 ONTARIO INC
705336 ONTARIO LIMITED
730854 ONTARIO INC
775657 ONTARIO INC
786 HAMDANI LTD
788894 ONTARIO LIMITED
816027 ONTARIO LIMITED
886995 ONTARIO LTD
984265 ONTARIO LTD aka CIRCLE P PAVING
A C ENVIRONMENTAL SERVICES
A J STONE COMPANY LTD
A J STONE COMPANY LTD
ACCOUNTANT OF SUPERIOR COURT OF JUSTICE
ACCOUNTANT OF SUPERIOR COURT OF JUSTICE
ACCOUNTANT OF SUPERIOR COURT OF JUSTICE
ACCU LOCK AND SECURITY
ACCU LOCK AND SECURITY
ACTION CORPORATION
AFFILIATED CUSTOMS BROKERS LTD
AFFILIATED CUSTOMS BROKERS LTD
AGNOLETTO,LOUIE
AIR CARE SERVICES
AIR CARE SERVICES
AIR CARE SERVICES
AIR LIQUIDE CANADA INC
AL UNIFORM SERVICES LTD
ALBANESE,LORI
ALFIDOME CONSTRUCTION
ALFIDOME CONSTRUCTION
ALFRED BEAM EXCAVATION LTD
ALISON'S SPORTS AWARDS
ALL PRO RENTALS
ALTUS DERBYSHIRE
AMALGAMATED TRANSIT UNION #1582
AMALGAMATED TRANSIT UNION #1582
AMALGAMATED TRANSIT UNION #1582
ANGER,RONALD
ANNEX PUBLISHING BOOK DIVISION
ANSLOW,RICHARD
ANTHONY'S EXCAVATING AND ELCHO FARMS INC
ANTONIO,CHUCK
ARAMARK REFRESHMENT SERVICES
ARBOUR,SUSAN
ARCHAEOLOGICAL SERVICES INC
ARCHER TRUCK CENTRE WELLAND LTD
ARCHER TRUCK CENTRE WELLAND LTD
Cheque No.
Cheque Date Purpose
311142 05 -Jun -2007 TAX REFUND
311143 05- Jun -2007 TAX REFUND
311144 05- Jun -2007 TAX REFUND
311145 05 -Jun -2007 TAX REFUND
311146 05 -Jun -2007 TAX REFUND
311147 05 -Jun -2007 TAX REFUND
311148 05- Jun -2007 TAX REFUND
311149 05 -Jun -2007 TAX REFUND
311150 05 -Jun -2007 TAX REFUND
311151 05 -Jun -2007 TAX REFUND
311152 05- Jun -2007 TAX REFUND
311153 05 -Jun -2007 TAX REFUND
311154 05 -Jun -2007 TAX REFUND
311155 05- Jun -2007 TAX REFUND
311729 26 -Jun -2007 SERVICES
311156 05 -Jun -2007 TAX REFUND
311157 05 -Jun -2007 TAX REFUND
311158 05- Jun -2007 TAX REFUND
311730 26 -Jun -2007 REFUND
311159 05 -Jun -2007 TAX REFUND
311160 05 -Jun -2007 TAX REFUND
311161 05 -Jun -2007 PERMIT REFUND
311162 05 -Jun -2007 TAX REFUND
311163 05- Jun -2007 LIGHTING SUPPLIES
311164 05- Jun -2007 TAX REFUND
311165 05- Jun -2007 TAX REFUND
311166 05- Jun -2007 TAX REFUND
311167 05 -Jun -2007 TAX REFUND
311168 05 -Jun -2007 TAX REFUND
311169 05- Jun -2007 TAX REFUND
311170 05- Jun -2007 TAX REFUND
311171 05- Jun -2007 TAX REFUND
311172 05- Jun -2007 TAX REFUND
311173 05 -Jun -2007 TAX REFUND
311431 12 -Jun -2007 CONTRACT SERVICES
311175 05- Jun -2007 MATERIALS
311177 05- Jun -2007 MATERIALS
311403 12 -Jun -2007 MATERIALS
311398 11 -Jun -2007 FUNDS -TAX SALE
311399 11 -Jun -2007 FUNDS -TAX SALE
311400 11- Jun -2007 FUNDS -TAX SALE
311174 05- Jun -2007 MAINTENANCE AND REPAIRS
311559 19 -Jun -2007 MAINTENANCE /REPAIRS
311732 26 -Jun -2007 COMPUTER
311176 05- Jun -2007 BROKERAGE FEE
311401 12- Jun -2007 BROKERAGE FEE
311733 26 -Jun -2007 FOOTWEAR ALLOWANCE
311402 12 -Jun -2007 MAINTENANCE/REPAIRS
311560 19 -Jun -2007 MAINTENANCE /REPAIRS
311734 26 -Jun -2007 MAINTENANCE/REPAIRS
311735 26- Jun -2007 MATERIALS
311181 05 -Jun -2007 UNIFORMS
311404 12 -Jun -2007 TRAVEUMILEAGE
311405 12 -Jun -2007 MAINTENANCE /REPAIRS
311561 19- Jun -2007 CONTRACT SERVICES
311178 05- Jun -2007 CONTRACT SERVICES
311562 19 -Jun -2007 SIGNS
311179 05 -Jun -2007 LEASES AND RENTS
311180 05 -Jun -2007 TAX REFUND
311406 12- Jun -2007 PAYROLL REMITTANCE
311563 19- Jun -2007 PAYROLL REMITTANCE
311736 26- Jun -2007 PAYROLL REMITTANCE
311737 26 -Jun -2007 FOOTWEAR ALLOWANCE
311182 05- Jun -2007 MATERIALS
311738 26- Jun -2007 FOOTWEAR ALLOWANCE
311183 05- Jun -2007 MAINTENANCE AND REPAIRS
311564 19- Jun -2007 TRAVEL/MILEAGE
311407 12- Jun -2007 OFFICE SUPPLIES
311408 12- Jun -2007 SUPPLIES
311565 19 -Jun -2007 CONSULTING SERVICES
311184 05- Jun -2007 STORES /INVENTORY
311409 12- Jun -2007 STORES /INVENTORY
Page 1 of 11
Amount
4,706.34
540.55
580.31
632.58
5,196.37
10,291.73
14,953.37
10,987.13
3,776.16
2,950.68
78.00
610.99
215.18
8,295.00
12,500.00
3,484.35
12,378.04
4,319.77
750.00
828.03
5,942.37
750.00
559.92
76.61
3,124.84
703.50
2,049.88
1,391.17
1,970.58
1,880.49
1,663.82
7,485.20
322.77
2,491.53
322,872.42
271.42
264.36
100.40
76,694.44
16,025.39
9,288.83
8,906.50
92.34
94.03
54.51
84.22
20.00
226.84
542.99
2,122.42
10.60
73.82
156.00
4,146.55
427,728.95
5,300.00
76.95
297.21
3,576.67
610.47
621.18
578.34
20.00
72.08
20.00
296.80
22.50
71.71
109.40
1,191.49
496.19
52.88
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
ABMSTRONG,ANDREW
ARMTEC LIMITED
ASSOCIATED ENGINEERING (ONT) LTD
AULPH,GARY
AUTOMOTIVE WAREHOUSE
AVENUE ROOTS
AVENUE ROOTS
AVIS CAR INC
BAIOCCO CONST CORP
BAIOCCO CONST CORP
BAKER TRANSIT PARTS INC
BARCLAY TODD'S
BARCLEY,MICHAEL
BARRETT,VICKY
BARROW,MAUREEN
BARRY BRYAN ASSOCIATES (1991) LTD
BATEMAN,DOLORES
BBP ENTERPRISES
BEATTIES BASICS
BEAUCHAMP,RANDY THOMAS
BEAULIEU,DIANNE
BEAULIEU,JULIETTE
BECK,GARY
BEL VOLT SALES LTD
BELL CANADA
BELL CANADA
BELL CANADA
BELL CANADA
BELL CANADA
BELL CANADA
BELL CANADA
BELL MOBILITY
BENISON INVESTMENTS LTD
BENNETT,CATHARINE
BERZINS,MARTIN
BETTY'S RESTAURANT
BHAN,SATISH
BIAMONTE,MARY
BIANCO,DOMENIC
BILLOO,SANYA
BIRD,LUCETTE
BIRMINGHAM,JOHN
BIRMINGHAM FIRE CONTROL
BISHOP,TOM
BLAYLOCK,MONICA
BOB ROBINSON SON CONSTRUCTION
BOBOROS,TERRY
BORDEN LADNER GERVAIS
BOUCHARD,JAMES
BOUW,JOHN
BOUW,JOHN
BOYS GIRLS CLUB OF NIAGARA
BOYS GIRLS CLUB OF NIAGARA
BRETHERICK,JAMES
BRIAN SINCLAIR PROFESSIONAL CORPORATION
BRIANT,ROBERT
BROCK AUTOMOTIVE
BROCKWAY PLAZA INC
BRODERICK PARTNERS
BRODERICK PARTNERS
BROMAC CONST ENG LTD
BROOKER,JOHN
BROWNS SEPTIC SERVICE LTD
BRUKLIS,GEORGE LIGVARS
BUNTIN REID
BUNTIN REID
BUNTIN REID
BURDEN,KEN
BURKE,ALICE
BURSE,PAMELA
BUTERA,ALDO TRUSTEE
BUTLER,DAVID
C N WATSON AND ASSOCIATES LTD
Che
Pur•ose
MAINTENANCE AND REPAIRS
MATERIALS
CONSULTING SERVICES
CANADA DAY ENTERTAINMENT
MATERIALS
CONTRACT SERVICES
FLOWER PLANTING
REFUND PARKING
CONTRACT SERVICES
311 570 19 -Jun -2007 CONTRACT SERVICES
311741 26- Jun -2007 MATERIALS
311742 26 -Jun -2007 OFFICE SUPPLIES
311743 26- Jun -2007 SERVICE DEPOSIT REFUND
311744 26 -Jun -2007 FOOTWEAR ALLOWANCE
311186 05- Jun -2007 PERFORMANCE CHARGE
311745 26 -Jun -2007 CONSULTING SERVICES
311746 26- Jun -2007 FOOTWEAR ALLOWANCE
311747 26- Jun -2007 CANADA DAY ENTERTAINMENT
311748 26 -Jun -2007 OFFICE SUPPLIES
311749 26- Jun -2007 CANADA DAY ENTERTAINMENT
311571 19- Jun -2007 TUITION REIMBURSEMENT
311750 26- Jun -2007 FOOTWEAR ALLOWANCE
311187 05- Jun -2007 COMMITTEE FEE
311575 19 -Jun -2007 STORES /INVENTORY
311188 05- Jun -2007 TAX REFUND
311189 05 -Jun -2007 UTILITIES
311413 12- Jun -2007 UTILITIES
311414 12- Jun -2007 UTILITIES
311415 12- Jun -2007 UTILITIES
311573 19- Jun -2007 UTILITIES
311751 26- Jun -2007 UTILITIES
311574 19- Jun -2007 UTILITIES
311190 05 -Jun -2007 TAX REFUND
311753 26- Jun -2007 FOOTWEAR ALLOWANCE
311416 12- Jun -2007 COMMITTEE FEE- REIMBURSEMEN
311576 19- Jun -2007 MEETING EXPENSE
311754 26- Jun -2007 LIVESTOCK CLAIM
311191 05 -Jun -2007 PARKING REFUND
311417 12- Jun -2007 SAFETY SHOES
311577 19 -Jun -2007 AWARD
311755 26 -Jun -2007 FOOTWEAR ALLOWANCE
311756 26- Jun -2007 CANADA DAY ENTERTAINMENT
311192 05- Jun -2007 MATERIALS
311757 26 -Jun -2007 CANADA DAY ENTERTAINMENT
311578 19 -Jun -2007 AWARD
311524 12- Jun -2007 EMERGENCY SERVICE CALL
311758 26- Jun -2007 FOOTWEAR ALLOWANCE
311579 19 -Jun -2007 CONSULTING SERVICES
311759 26- Jun -2007 FOOTWEAR ALLOWANCE
311418 12 -Jun -2007 LIVESTOCK CLAIM
311760 26- Jun -2007 LIVESTOCK CLAIM
311580 19- Jun -2007 DONATION
311581 19- Jun -2007 GRANT
311761 26 -Jun -2007 FOOTWEAR ALLOWANCE
311419 12- Jun -2007 REIMBURSE PAYMENT
311762 26- Jun -2007 FOOTWEAR ALLOWANCE
311193 05- Jun -2007 STORES /INVENTORY
311194 05- Jun -2007 TAX REFUND
311420 12 -Jun -2007 CONSULTING SERVICES
311764 26- Jun -2007 LEGAL FEES
311583 19 -Jun -2007 CONSULTING SERVICES
311765 26 -Jun -2007 SERVICE DEPOSIT REFUND
311421 12 -Jun -2007 MAINTENANCE /REPAIRS
311196 05 -Jun -2007 TAX REFUND
311197 05 -Jun -2007 OFFICE SUPPLIES
311422 12- Jun -2007 OFFICE SUPPLIES
311584 19- Jun -2007 OFFICE SUPPLIES
311766 26 -Jun -2007 TRAVEUMILEAGE
311767 26 -Jun -2007 FOOTWEAR ALLOWANCE
311768 26 -Jun -2007 FOOTWEAR ALLOWANCE
311198 05 -Jun -2007 TAX REFUND
311769 26 -Jun -2007 FOOTWEAR ALLOWANCE
311434 12- Jun -2007 CONSULTING SERVICES
ue No. Cheque Date
311185 05- Jun -2007
311566 19 -Jun -2007
311567 19- Jun -2007
311739 26 -Jun -2007
311568 19 -Jun -2007
311411 12 -Jun -2007
311740 26 -Jun -2007
311569 19- Jun -2007
311412 12- Jun -2007
Page 2 of 11
Amount
1,035.00
1,060.68
9,428.50
1,000.00
215.46
5,372.24
9,016.57
15.00
561,709.95
30,314.78
493.09
70.67
874.40
20.00
300.00
20,124.55
10.00
1,852.00
26.17
150.00
323.30
20.00
40.00
369.36
3,795.70
86.21
9,267.29
114.00
79.85
101.05
449.96
342.33
5,184.33
20.00
225.00
750.00
150.00
10.00
150.00
100.00
20.00
350.00
110.46
2,100.00
100.00
795.00
20.00
2,596.87
5.00
120.00
60.00
100.00
17,500.00
20.00
3,400.00
20.00
208.31
6,489.95
17, 585.15
2,251.97
136,709.04
750.00
416.80
560.60
1,867.03
360.96
723.27
215.00
10.00
20.00
977.92
20.00
5,348.50
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
C R L CAMPBELL CONSTRUCTION DRAINAGE LTD
C R L CAMPBELL CONSTRUCTION DRAINAGE LTD
C R L CAMPBELL CONSTRUCTION DRAINAGE LTD
CAJA,SANDY
CAMPBELL,DAVID
CANADA CULVERT
CANADA LAW BOOK
CANADIAN BEARINGS LTD
CANADIAN DOOR DOCTOR
CANADIAN DOOR DOCTOR
CANADIAN FALLEN FIREFIGHTERS FOUNDATION
CANADIAN LINEN AND UNIFORM SERVICE
CANADIAN NATIONAL
CANADIAN NATIONAL RAILWAY
CANADIAN PACIFIC RAILWAY CO
CANADIAN PACIFIC RAILWAY CO
CANADIAN SAFETY EQUIPMENT INC
CANAL,DANIEL
CANAMED (STAMFORD) LTD
CANNON,MARIE
CANNON HYGIENE CANADA LTD
CANTEC SECURITY SERVICES
CARDINAL COURIERS LTD
CARRICK,MARZENNA
CARSWELL
CARTER,PAUL
CARTER CAR TRUCK RENTALS
CENTRE COURT CAFE
CENTRE COURT CAFE
CENTRE FOR ADVANCED VISUALIZATION
CENTRE FOR ADVANCED VISUALIZATION
CERIDIAN CANADA LTD
CERIDIAN CANADA LTD
CERMINARA,JACK
CERTI ENVIRONMENTAL CONSULTANTS
CHARETTE,RHEAL
CHARLES JONES INDUSTRIAL LTD
CHARLES JONES INDUSTRIAL LTD
CHARLES JONES INDUSTRIAL LTD
CHARLES JONES INDUSTRIAL LTD
CHASE,G
CHEN,KUO SU
CHIECA,DANNY
CHIECA,LUCIANO
CHILD ADVOCACY CENTRE NIAGARA
CHISHOLM MACHINERY SALES LTD
CHOWN CAIRNS IN TRUST
CHU,KWOK YIU
CIPPARONE,MADISON
CIT FINANCIAL LTD
CIT FINANCIAL LTD
CITICORP VENDOR FINANCE LTD
CITY OF NIAGARA FALLS
CLASSIC FIRE PROTECTION INC
CLAYDON,JEFF
CNM INC
COGECO CABLE CANADA INC
COGECO CABLE CANADA INC
COGECO CABLE CANADA INC
COGECO CABLE CANADA INC
COMMISSIONAIRES
COMMISSIONAIRES
COOK,CINDY
COREY DOYLE ASSOCIATES
CORPORATION OF THE CITY OF WELLAND
COTTON INC
COTTON INC
COTTON INC
CRAWFORD ADJUSTERS CANADA INCORP
CRAWFORD ADJUSTERS CANADA INCORP
CRAWFORD ADJUSTERS CANADA INCORP
CRAWFORD ADJUSTERS CANADA INCORP
CROMBIE LEASEHOLDS LTD
Che ue No. Che ue Date Pur s ose
311222 05- Jun -2007 EQUIPMENT
311600 19- Jun -2007 LEASES AND RENTS
311791 26- Jun -2007 EQUIPMENT
311770 26- Jun -2007 CANADA DAY ENTERTAINMENT
311199 05 -Jun -2007 SAFETY SHOE REIMBURSEMENT
311423 12- Jun -2007 MATERIALS
311424 12- Jun -2007 BOOKS
311772 26- Jun -2007 MATERIALS
311585 19- Jun -2007 MAINTENANCE /REPAIRS
311773 26- Jun -2007 MAINTENANCE /REPAIRS
311202 05- Jun -2007 ADVERTISING
311586 19 -Jun -2007 MATERIALS
311774 26 -Jun -2007 CONTRACT SERVICES
311203 05- Jun -2007 TAX REFUND
311204 05- Jun -2007 CONTRACT SERVICES
311425 12- Jun -2007 MAINTENANCE /REPAIRS
311426 12- Jun -2007 MAINTENANCE /REPAIRS
311200 05- Jun -2007 TRAVEL/MILEAGE
311201 05- Jun -2007 TAX REFUND
311775 26 -Jun -2007 FOOTWEAR ALLOWANCE
311776 26 -Jun -2007 MATERIALS
311777 26 -Jun -2007 SECURITY SERVICE
311587 19- Jun -2007 MATERIALS
311205 05- Jun -2007 TRAVEL /MILEAGE
311779 26- Jun -2007 BOOKS
311588 19- Jun -2007 SAFETY SHOES
311427 12 -Jun -2007 TRAVEL/MILEAGE
311206 05- Jun -2007 MEETING EXPENSE
311780 26- Jun -2007 MEETING EXPENSE
311207 05- Jun -2007 CONSULTING SERVICES
311429 12- Jun -2007 CONSULTING SERVICES
311208 05 -Jun -2007 CONTRACT SERVICES
311589 19 -Jun -2007 CONTRACT SERVICES
311209 05- Jun -2007 SAFETY SHOES
311210 05- Jun -2007 CONSULTING SERVICES
311781 26- Jun -2007 FOOTWEAR ALLOWANCE
311211 05- Jun -2007 STORES /INVENTORY
311430 12 -Jun -2007 STORES /INVENTORY
311590 19- Jun -2007 STORES /INVENTORY
311782 26- Jun -2007 STORES /INVENTORY
311212 05 -Jun -2007 EXPENSES CONFERENCE
311213 05- Jun -2007 TAX REFUND
311783 26- Jun -2007 SAFETY SHOES
311591 19 -Jun -2007 TRAVEL/MILEAGE
311784 26 -Jun -2007 GRANT
311214 05- Jun -2007 TAX REFUND
311397 08- Jun -2007 LEGAL FEES
311215 05 -Jun -2007 TAX REFUND
311592 19 -Jun -2007 AWARD
311593 19- Jun -2007 LEASES AND RENTS
311785 26 -Jun -2007 LEASES AND RENTS
311432 12 -Jun -2007 LEASES AND RENTS
311786 26 -Jun -2007 MATERIALS
311787 26- Jun -2007 MAINTENANCE/REPAIRS
311433 12 -Jun -2007 TRAVEL/MILEAGE
311217 05- Jun -2007 TAX REFUND
311218 05- Jun -2007 UTILITIES
311435 12- Jun -2007 UTILITIES
311594 19 -Jun -2007 UTILITIES
31 1788 26- Jun -2007 UTILITIES
311219 05 -Jun -2007 CONTRACT SERVICES
311595 19- Jun -2007 CONTRACT SERVICES
311789 26 -Jun -2007 CANADA DAY ENTERTAINMENT
311436 12 -Jun -2007 CONSULTING SERVICES
311596 19- Jun -2007 SHUTTLE SERVICE
311220 05- Jun -2007 MATERIALS
311437 12- Jun -2007 MATERIALS
311597 19 -Jun -2007 CONCRETE
311221 05 -Jun -2007 INSURANCE FEES
311438 12 -Jun -2007 INSURANCE FEES
311599 19 -Jun -2007 INSURANCE CLAIMS
311790 26 -Jun -2007 INSURANCE CLAIMS
311223 05 -Jun -2007 TAX REFUND
Page 3 of 11
Amount
1,441.60
8,244.15
6,667.40
200.00
119.42
1,608.54
102.03
61.10
1,939.54
665.15
208.82
2,060.20
3,612.72
758.79
910.33
168.63
1,265.79
657.00
1,371.31
20.00
267.12
568.12
139.67
136.50
341.90
63.83
168.19
163.59
559.17
11,660.00
37,100.00
503.50
4,563.00
113.99
1,690.70
10.00
677.10
677.83
708.79
147.38
452.12
775.37
150.00
239.97
1,500.00
476.30
1,500.00
363.56
100.00
107.64
1,145.70
1,008.90
129,527.02
1,162.80
90.50
8,092.45
404.62
350.60
105.95
93.18
17,835.56
17,447.60
795.00
3,800.00
930.15
1,752.24
1,476.62
5,860.94
970.00
1,020.00
1,545.00
6,110.00
2,747.51
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
CUMMINS- ALLISON ULC
CUPE LOCAL 133
CUPE LOCAL 133
CUPE LOCAL 133
CUPE LOCAL 133
CYTEC CANADA INC.
DAIMLER CHRYSLER COMM BUSES NORTH AMERICA
DAIMLER CHRYSLER COMM BUSES NORTH AMERICA
DAL BIANCO,MARK
DALKE,DORIS
DANIELS,DANIELLE
DAVIES,JOHN
DAWDY,LLOYD
DEC,DR DAVID
DELCAN CORPORATION
DELL CANADA INC
DENCO ENGINEERING LTD
DENCO ENGINEERING LTD
DEPENDABLE EMERGENCY VEHICLES
DEROSE BROS GENERAL CONTRACTING LIMITED
DEROSE BROS GENERAL CONTRACTING LIMITED
DESIGN ELECTRONICS
DESIGN ELECTRONICS
DESIGN ELECTRONICS
DEURLOO,JOAN
DEVRIES,JOHN
DICARLO,ANTHONY
DIPAOLO INVESTMENTS INC
DIPINTO,LORENZO
DIRECTOR OF FAMILY SUPPORT
DISTRICT SCHOOL BOARD OF NIAGARA
DOWNING,LARRY
DRAFTCON CALAMAR CORP
DREN,KARL
DUJLOVIC,ED
DYCHTIAR,PETER
E3 LABORATORIES
EARTH TECH CANADA INC
EIDT,DIANNE
ELLIS ENGINEERING INC
EMCO CORPORATION
EMERALD
EMERALD
ENBRIDGE
ENBRIDGE
ENBRIDGE
ENBRIDGE
ENGINEERING CONCEPTS NIAGARA
ENTERPRISE RENT A CAR CANADA LTD
ENTERPRISE RENT A CAR CANADA LTD
EVANOFF,VICTOR
EVERLASTING IMPRESSIONS
EVERLASTING IMPRESSIONS
F SACCO CONST LTD
FAIELLA,EILEEN
FALLS WHOLESALE LTD
FAST,DAVID JOHN
FELICETTI,SERGE
FERRANTE,PRISCILLA
FIEDOREK,BARBARA
FIEDOREK,STANISLAW
FINE GRADE CONSTRUCTION
FINUCCI,ANGELA
FIRE MONITORING OF CANADA INC
FIRE MONITORING OF CANADA INC
FIREHALL ONLINE INC
FIRST NIAGARA INSURANCE
FISCHER,RANDALL
FLANNIGAN,SHANE
FLEXO PRODUCTS LTD
FLEXO PRODUCTS LTD
FLEXO PRODUCTS LTD
FLEXO PRODUCTS LTD
Che• ue No. Che ue Date Pur• ose
311601 19 -Jun -2007 MAINTENANCE /REPAIRS
311224 05- Jun -2007 PAYROLL REMITTANCE
311439 12 -Jun -2007 PAYROLL REMITTANCE
311602 19- Jun -2007 PAYROLL REMITTANCE
311792 26- Jun -2007 PAYROLL REMITTANCE
311225 05 -Jun -2007 TAX REFUND
311603 19 -Jun -2007 MATERIALS
311794 26- Jun -2007 MATERIALS
311795 26 -Jun -2007 INSURANCE CLAIM
311796 26- Jun -2007 FOOTWEAR ALLOWANCE
311440 12 -Jun -2007 AWARD
311797 26 -Jun -2007 FOOTWEAR ALLOWANCE
311798 26 -Jun -2007 FOOTWEAR ALLOWANCE
311441 12 -Jun -2007 MATERIALS
311442 12 -Jun -2007 CONSULTING SERVICES
311227 05- Jun -2007 COMPUTER PARTS
311228 05- Jun -2007 CONSULTING SERVICES
311604 19 -Jun -2007 CONSULTING SERVICES
311605 19 -Jun -2007 MAINTENANCE /REPAIRS
311443 12 -Jun -2007 CONTRACT SERVICES
311800 26 -Jun -2007 LEASES AND RENTS
311229 05- Jun -2007 MATERIALS
311444 12 -Jun -2007 MAINTENANCE/REPAIRS
311801 26- Jun -2007 SECURITY
311802 26- Jun -2007 FOOTWEAR ALLOWANCE
311445 12- Jun -2007 PERMIT REFUND
311803 26 -Jun -2007 CANADA DAY ENTERTAINMENT
311230 05 -Jun -2007 TAX REFUND
311231 05- Jun -2007 SAFETY SHOES
311446 12 -Jun -2007 PAYROLL REMITTANCE
311804 26- Jun -2007 INSTALLMENT -TAX LEVY
311805 26 -Jun -2007 FOOTWEAR ALLOWANCE
311606 19- Jun -2007 CONSULTING SERVICES
311232 05- Jun -2007 TRAVEL/MILEAGE
311447 12 -Jun -2007 TRAVEL/MILEAGE
311806 26- Jun -2007 CANADA DAY ENTERTAINMENT
311448 12- Jun -2007 WATER TESTING
311807 26- Jun -2007 CONSULTING SERVICES
311808 26- Jun -2007 FOOTWEAR ALLOWANCE
311449 12- Jun -2007 CONSULTING SERVICES
311236 05 -Jun -2007 TAX REFUND
311450 12 -Jun -2007 METER INSTALLATION
311809 26- Jun -2007 METER INSTALLATION
311237 05 -Jun -2007 UTILITIES
311451 12 -Jun -2007 UTILITIES
311608 19 -Jun -2007 UTILITIES
311810 26- Jun -2007 UTILITIES
311811 26- Jun -2007 CONSULTING SERVICES
311609 19 -Jun -2007 REFUND PARKING
311610 19- Jun -2007 REFUND PARKING
311813 26 -Jun -2007 FOOTWEAR ALLOWANCE
311612 19- Jun -2007 MAINTENANCE /REPAIRS
311814 26- Jun -2007 MAINTENANCE/REPAIRS
311248 05 -Jun -2007 TAX REFUND
311815 26- Jun -2007 FOOTWEAR ALLOWANCE
311238 05- Jun -2007 CONCESSION SUPPLIES
311239 05 -Jun -2007 TAX REFUND
311816 26- Jun -2007 MATERIALS
311817 26 -Jun -2007 FOOTWEAR ALLOWANCE
311240 05- Jun -2007 TAX REFUND
311241 05 -Jun -2007 MATERIALS
311818 26 -Jun -2007 CONSULTING SERVICES
311242 05 -Jun -2007 TAX REFUND
311452 12- Jun -2007 MAINTENANCE /REPAIRS
311819 26- Jun -2007 CONTRACT SERVICES
311243 05 -Jun -2007 MATERIALS
311453 12- Jun -2007 INSURANCE FEES
311820 26 -Jun -2007 FUNDING
311821 26- Jun -2007 CANADA DAY ENTERTAINMENT
311244 05 -Jun -2007 MATERIALS
311454 12- Jun -2007 STORES /INVENTORY
311613 19- Jun -2007 STORES /INVENTORY
311822 26 -Jun -2007 STORES /INVENTORY
Page 4 of 11
Amount
250.80
3,783.47
3,777.95
3,774.76
3,799.78
12,366.52
438.90
1,004.78
218.88
20.00
666.66
20.00
20.00
196.20
18,340.33
119.70
12,374.16
1,496.56
2,778.77
10,441.00
104,916.51
1,456.16
11 9.70
14,368.78
20.00
750.00
800.00
17,392.23
150.00
325.00
6,820,456.85
20.00
41,441.46
130.50
224.50
300.00
2,579.55
14,684.37
20.00
3,074.00
304.00
371.00
2,040.50
73.31
9,198.56
1,311.18
220.40
2,407.60
15.00
15.00
12.50
265.00
1,147.98
8,381.42
20.00
1,006.33
379.39
50.00
20.00
484.28
280.87
5,300.00
555.85
1,311.48
288.32
254.40
4,455.00
45.00
600.00
582.51
3,342.08
709.43
152.76
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
FLORIO,MIRELLA
FLORIO,MIRELLA
FLOWERS,JOANNE
FORTUNA,EVA
FRANK COWAN COMPANY LIMITED
FRETZ,LINDA
G K SERVICES CANADA INC
GADULA,EMILY
GALES GAS BARS
GALT MACHINE KNIFE SAW
GARISTO,TONY
GATTO,LORENZO
GAULD NURSERIES LTD
GAULD NURSERIES LTD
GENERAL AUTOMOTIVE ELECTRIC
GIAJNORIO,MEGAN
GIESBRECHT,GORDON DR
CLADDING SALES AGENCY LTD
CLADDING SALES AGENCY LTD
CLADDING SALES AGENCY LTD
GOLDEN HORSESHOE VENTURES INC
GOLIA,VITO& GOLIA, CARMELA
GRAYBAR ELECTRIC LTD
GRAYBAR ELECTRIC LTD
GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND
GREEN,BRUCE
GREY ISLAND SYSTEMS INC
GREY ISLAND SYSTEMS INC
GRIEF BROS CAN INC
GRIFFITHS,DAVID
GT FRENCH PAPER LIMITED
GUILLEVIN INTERNATIONAL INC
GUILLEVIN INTERNATIONAL INC
HACHEY,DARLENE
HAGAN,DAVID
HAGEN,MARY
HALCO MOBILE MFG SALES SERVICE INC
HALCO MOBILE MFG SALES SERVICE INC
HALCO MOBILE MFG SALES SERVICE INC
HALF WAY SAND PIT LIMITED
HAMDANI DRYCLEANERS LTD
HAMILTON,STEPHEN
HAMILTON,STEPHEN
HANG UPS 99
HARD ROCK CONST INC
HARKES INDUSTRIES INC
HARPER POWER PRODUCTS INC
HEAT DESIGN EQUIPMENT LTD
HECO
HENDERSON RECREATION EQUIPMENT LIMITED
HENLER INVEST LTD BELMER INVESTMENTS LTD
HERLOVITCH,ALEX
HERTZ CANADA LTD
HICKS MORLEY HAMILTON STEWART STORIE LLP
HIEBERT,JAKE
HIGH FIDELITY PRINT DESIGN
HIGH FIDELITY PRINT DESIGN
HOLMAN,GEOFF
HR PROACTIVE INC
HYDRO ONE NETWORKS INC
ICECO ADVANCED ARENA PRODUCTS
ICI CANADA INC
ILETT,JEN
INDEPENDENT SUPPLY CO LTD
INTEGRITY ABSORBENT PRODUCTS
INTERSTATE BATTERY SYSTEMS OF HAMILTON
INTERSTATE BATTERY SYSTEMS OF HAMILTON
IORFIDA,SAM
IRON MOUNTAIN CANADA CORP
ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD
ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD
IULIANO,ANGELO
J &B
Cheque No. Cheque Date Purpose
311245 05- Jun -2007 TAX REFUND
311246 05- Jun -2007 TAX REFUND
311823 26 -Jun -2007 FOOTWEAR ALLOWANCE
311558 13 -Jun -2007 SECURITY DEPOSIT
311824 26 -Jun -2007 INSURANCE CLAIMS
311825 26- Jun -2007 FOOTWEAR ALLOWANCE
311617 19 -Jun -2007 UNIFORMS
311614 19 -Jun -2007 AWARD
311456 12- Jun -2007 GASOLINE
311826 26 -Jun -2007 MAINTENANCE/REPAIRS
311827 26- Jun -2007 FUNDING
311457 12 -Jun -2007 LIVESTOCK CLAIM
311249 05 -Jun -2007 TREES
311828 26- Jun -2007 TREES
311615 19- Jun -2007 MATERIALS
311616 19 -Jun -2007 AWARD
311250 05- Jun -2007 BOOK
311251 05- Jun -2007 MATERIALS
311458 12- Jun -2007 MATERIALS
311829 26 -Jun -2007 MATERIALS
311252 05 -Jun -2007 TAX REFUND
311253 05- Jun -2007 TAX REFUND
311254 05- Jun -2007 MATERIALS
311830 26- Jun -2007 MATERIALS
311831 26- Jun -2007 PAYROLL REMITTANCE
311618 19- Jun -2007 COMPUTER
311459 12 -Jun -2007 INTERFLEET CHARGES
311619 19- Jun -2007 INTERFLEET CHARGES
311255 05- Jun -2007 TAX REFUND
311833 26- Jun -2007 FOOTWEAR ALLOWANCE
311256 05 -Jun -2007 SUPPLIES
311257 05 -Jun -2007 STORES /INVENTORY
311620 19- Jun -2007 STORES /INVENTORY
311835 26 -Jun -2007 FOOTWEAR ALLOWANCE
311836 26- Jun -2007 FOOTWEAR ALLOWANCE
311837 26- Jun -2007 FOOTWEAR ALLOWANCE
311258 05- Jun -2007 LEASES AND RENTS
311460 12- Jun -2007 LEASES AND RENTS
311838 26 -Jun -2007 LEASES AND RENTS
311839 26- Jun -2007 MATERIALS
311259 05- Jun -2007 SERVICES
311461 12- Jun -2007 PETTY CASH
311462 12 -Jun -2007 TRAVEUMILEAGE
311260 05 -Jun -2007 CLOTHING
311621 19 -Jun -2007 CONSULTING SERVICES
311464 12- Jun -2007 MATERIALS
311840 26 -Jun -2007 MATERIALS
311465 12- Jun -2007 LEASES AND RENTS
311841 26- Jun -2007 MAINTENANCE/REPAIRS
311466 12- Jun -2007 PLAYGROUND EQUIPMENT
311261 05- Jun -2007 TAX REFUND
311467 12 -Jun -2007 TRAVEL/MILEAGE
311262 05- Jun -2007 PARKING REFUND
311842 26 -Jun -2007 CONSULTING SERVICES
311263 05 -Jun -2007 COMMITTEE FEE
311264 05- Jun -2007 SHIRTS
311468 12- Jun -2007 MATERIALS
311265 05- Jun -2007 TRAVEUMILEAGE
311622 19- Jun -2007 CONSULTING SERVICES
311725 19 -Jun -2007 TAX REFUND
311469 12- Jun -2007 MAINTENANCE AND REPAIRS
311623 19 -Jun -2007 FLOORING
311624 19- Jun -2007 AWARD
311843 26- Jun -2007 MATERIALS
311626 19 -Jun -2007 MATERIALS
311625 19- Jun -2007 MATERIALS
311844 26 -Jun -2007 MATERIALS
311627 19 -Jun -2007 TRAVEUMILEAGE
311628 19 -Jun -2007 PAPER SHREDDING
311629 19- Jun -2007 SAFETY SHOES
311845 26- Jun -2007 SAFETY SHOES
311846 26- Jun -2007 SERVICE DEPOSIT REFUND
311631 19- Jun -2007 LEGAL SEARCH
Page 5 of 11
Amount
424.08
642.15
20.00
21,952.00
2,750.58
20.00
109.00
100.00
423.35
209.76
45.00
94.50
6,384.00
2,31 9.90
484.50
100.00
20.00
1,961.94
909.21
5,903.41
19,463.90
1,641.00
122.97
576.10
56.40
300.00
329.20
1,980.40
432.85
20.00
1 ,615.86
1,978.83
35.57
20.00
20.00
20.00
627.00
538.08
1,262.55
2,993.10
75.35
2,000.00
337.00
832.65
5,300.00
1,380.70
765.50
1,932.30
1,220.74
16,898.33
3,221.64
108.89
47.00
1,053.75
57.00
324.00
81.00
113.00
2,650.00
1,986,110.13
1,931.10
3,292.46
100.00
2,031.80
1,999.48
969.91
61.56
157.75
1,017.60
712.46
1,396.95
750.00
42.40
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
JACK DOW AUTO SUPPLIES LIMITED
JACKSON,CHRISTINE
JACKSON,DAVE
JACKSON,GILBERT
JAX COMMERCIAL FITNESS EQUIPMENT REPAIR
JONES,RON
JOVANOVIC,ANDREA
JUDSON,PATRICIA
KAGAN SHASTRI BARRISTERS AND SOLICITORS
KCM CONSTRUCTION MAINTENANCE
KEIGHAN,MICHAEL
KELLY DIGS LANDSCAPING
KENTUCKY COLONELS OF NIAGARA
KENWORTH TORONTO LTD
KENWORTH TORONTO LTD
KLASSEN,PAUL
KRAFT CANADA INC
KRAFT CANADA INC
KRONSTEIN,MARK
KRONSTEIN,MARK
KUCHYT,TOM
KUIPERS,JANET
LAKE'S MAINTENANCE
LANG DRYWALL ACOUSTICS LTD
LANGILLE,MARILYN
LATOPLAST LTD
LATOPLAST LTD
LATOPLAST LTD
LATOPLAST LTD
LAWSON PRODUCTS INC
LE CONSEIL SCOLAIRE DE DISTRICT
LE CONSEIL SCOLAIRE DE DISTRICT
LEMAY,GERALD
LEPINE,JESSY
LESNICZEK,TEDDY
LEXISNEXIS CANADA INC
LEXISNEXIS QUICKLAW
LICHACH,GARY
LOWRY,SHEILA V
LUNDY'S LANE PORTFOLIO INC
LUONGO,NICOLE
M J CHONG AND SONS HOLDINGS LTD
M J DUMONT ENTERPRISES LTD
M S J RESTAURANT LIMITED
MACISAAC,RODDY& MACISAAC, KIMIKO
MACMASTER,ELISIA
MALTMAN,STEPHANIE
MAR -CO CLAY PRODUCTS INC
MARCHESE,VINCENT& MARCHESE, VIOLET
MARTENS,TOM
MASCARIN,RUDY
MASTERWOOD DOORS LTD
MATSON,BILL
MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING
MATTHEWS CANADA LTD
MAVES,DIANE
MAVES,DIANE
MAXIMUM ARREST FORCE INC
MAYER HERITAGE CONSULTANTS INC
MAZZONE,NICHOLAS& MAZZONE, SHIRLEY
MCCONNELL,LUCILLE
MCCONNELL,LUCILLE
MCDONALD,ROB
MCG PRODUCTIONS
MCLEAN KERR LLP
MCLEOD,CRAIG
MCNAMARA,SUSAN
MCNAMARA,SUSAN
MCRAE,LEN
MCVEY,SCOTT
ME OLSEN TITLES INC
MEDCON MECHANICAL LTD
MERCURY GRAPHICS CORPORATION
Che ue No. Che• ue Date Pur ose
311847 26 -Jun -2007 MATERIALS
311267 05 -Jun -2007 TRAVEL /MILEAGE
311630 19- Jun -2007 TRAVEL/MILEAGE
311848 26- Jun -2007 FOOTWEAR ALLOWANCE
311472 12- Jun -2007 MAINTENANCE /REPAIRS
311850 26- Jun -2007 CANADA DAY ENTERTAINMENT
311632 19- Jun -2007 AWARD
311851 26 -Jun -2007 FOOTWEAR ALLOWANCE
311268 05- Jun -2007 CONSULTING SERVICES
311852 26 -Jun -2007 CONTRACT SERVICES
311853 26- Jun -2007 REFUND
311269 05- Jun -2007 GRASS CUTTING
311633 19 -Jun -2007 ADMINISTRATIVE
311634 19- Jun -2007 AUTOMOTIVE SUPPLIES
311854 26- Jun -2007 AUTOMOTIVE SUPPLIES
311270 05- Jun -2007 PERMIT REFUND
311271 05- Jun -2007 TAX REFUND
311855 26 -Jun -2007 ARENA STEAM SERVICES
311473 12- Jun -2007 TRAVEL
311856 26- Jun -2007 FOOTWEAR ALLOWANCE
311272 05 -Jun -2007 TRAVEUMILEAGE
311273 05 -Jun -2007 TRAVEL /MILEAGE
311857 26- Jun -2007 AUTOMOTIVE PARTS
311474 12- Jun -2007 CEILING TILE INSTALLATION
311475 12- Jun -2007 MEETING EXPENSES
311274 05- Jun -2007 STORES /INVENTORY
311476 12 -Jun -2007 STORES /INVENTORY
311635 19- Jun -2007 STORES /INVENTORY
311858 26- Jun -2007 STORES /INVENTORY
311860 26- Jun -2007 REPAIR MATERIALS
311861 26 -Jun -2007 2007 TAX LEVY
311862 26- Jun -2007 2007 TAX LEVY
311863 26- Jun -2007 FOOTWEAR ALLOWANCE
311477 12- Jun -2007 AWARD
311864 26- Jun -2007 FOOTWEAR ALLOWANCE
311865 26- Jun -2007 MATERIALS
311866 26- Jun -2007 QUICKLAW SERVICE
311868 26 -Jun -2007 CANADA DAY ENTERTAINMENT
311637 19 -Jun -2007 REFUND
311278 05- Jun -2007 TAX REFUND
311638 19 -Jun -2007 ADMINISTRATIVE
311296 05- Jun -2007 TAX REFUND
311879 26- Jun -2007 UTILITIES
311487 12- Jun -2007 APPRAISAL FEE REFUND
311279 05 -Jun -2007 TAX REFUND
311639 19- Jun -2007 DONATION
311479 12 -Jun -2007 AWARD
311869 26- Jun -2007 MATERIALS
311280 05- Jun -2007 TAX REFUND
311870 26- Jun -2007 FOOTWEAR ALLOWANCE
311281 05 -Jun -2007 FENCE VIEWING COMMITTEE
311282 05 -Jun -2007 TAX REFUND
311283 05- Jun -2007 TRAVEL/MILEAGE
311284 05- Jun -2007 TOPOGRAPHIC SKETCH
311285 05- Jun -2007 PLAQUE
311480 12 -Jun -2007 TRAVEL
311871 26 -Jun -2007 FOOTWEAR ALLOWANCE
311640 19 -Jun -2007 MATERIALS
311286 05- Jun -2007 CONSULTING SERVICES
311287 05- Jun -2007 TAX REFUND
311481 12- Jun -2007 TRAVEL
311872 26- Jun -2007 FOOTWEAR ALLOWANCE
311482 12- Jun -2007 TRAVEUMILEAGE
311873 26 -Jun -2007 CANADA DAY ENTERTAINMENT
311641 19- Jun -2007 LEGAL SERVICES
311288 05- Jun -2007 TRAVEUMILEAGE
311483 12 -Jun -2007 TRAVEL
311874 26- Jun -2007 FOOTWEAR ALLOWANCE
311875 26 -Jun -2007 CLAIM REFUND
311642 19- Jun -2007 DONATION
311644 19 -Jun -2007 LEGAL SEARCH FEE
311643 19- Jun -2007 MAINTENANCE/REPAIRS
311876 26 -Jun -2007 SHUTTLE PASSES
Page 6 of 11
Amount
427.50
53.50
232.00
20.00
222.60
750.00
100.00
20.00
4,356.60
3,026.30
91.00
3,383.94
130.00
918.08
170.93
750.00
8,511.54
49,206.29
48.00
20.00
580.00
63.50
4,103.79
572.40
123.12
480.85
15.27
24.63
1,732.80
1,179.18
123,789.74
239,414.84
10.00
666.66
10.00
177.86
248.04
3,074.00
16.00
16,388.20
100.00
1 ,287.96
682.29
529.00
561.72
100.00
1,500.00
251.53
601.26
20.00
40.00
1,740.02
56.50
7,117.90
252.59
96.00
20.00
236.24
1,197.80
533.77
102.00
20.00
56.00
747.90
11,084.75
455.50
96.00
20.00
60.00
100.00
26.50
381.30
9,247.68
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
MERIDIAN PLANNING CONSULTANTS INC
MICHAEL VAN OORSCHOT INSURANCE AGENCY INC
MICIELI,TONY
MICRO BUS ELECTRONIQUE
MICRON INSTALLATIONS LIMITED
MINERVINI,DOMENIC
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTRY OF ATTORNEY GENERAL
MINISTRY OF ATTORNEY GENERAL
MINISTRY OF ATTORNEY GENERAL
MINISTRY OF ATTORNEY GENERAL
MISS ALL CANADIAN
MODERN LANDFILL INC
MOHAWK MFG SUPPLY CO
MONTAGUE,ROSE
MONTCAP FINANCIAL CORPORATION
MONTCAP FINANCIAL CORPORATION
MONTEITH -BROWN PLANNING CONSULTANTS
MONTGOMERY,MOE& MONTGOMERY, MIKE
MOORE,RON
MOROCCO,JOHN
MORRISSEY,DENYSE
MORSE SON LIMITED
MORTON,DALE
MOSS,HIRRELL
MOTOR COACH INDUSTRIES LIMITED
MOTOR COACH INDUSTRIES LIMITED
MOUNT CARMEL MONASTERY
MRKALJ,JOE
MRKALJ,JOE
MRKALJ,JOVO& MRKALJ, MILIC
MUNICIPAL ASSOCIATES INC
MUNICIPAL RETIREES ORGANIZATION ONTARIO
MURACO,MARY
MURAWSKI,CHESTER
MUSSARI,TOM
NEW WAY MARKET (NIAGARA FALLS) LTD
NEXTERRA SUBSTRUCTURES INCORPORATED
NIAGARA BLOCK INC
NIAGARA BLOCK INC
NIAGARA CATHOLIC DISTRICT SCHOOL BOARD
NIAGARA CRACK SEALING
NIAGARA DISTRICT ART ASSOCIATION
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC
NIAGARA FALLS ART GALLERY
NIAGARA FALLS CONCERT BAND
NIAGARA FALLS CURLING CLUB
NIAGARA FALLS HUMANE SOCIETY
NIAGARA FALLS HUMANE SOCIETY
NIAGARA FALLS HYDRO
NIAGARA FALLS HYDRO
NIAGARA FALLS HYDRO
NIAGARA FALLS HYDRO
NIAGARA FALLS HYDRO
NIAGARA FALLS HYDRO
NIAGARA FALLS HYDRO
NIAGARA FALLS HYDRO
NIAGARA HAIR DESIGN
NIAGARA OCCUPATIONAL HEALTH SERVICES
NIAGARA OCCUPATIONAL HEALTH SERVICES
NIAGARA REGIONAL POLICE SERVICE
NIAGARA REGIONAL SEXUAL ASSAULT CENTRE
Che• ue No. Cheque Date Pur ose
311645 19- Jun -2007 CONSULTING SERVICES
311289 05 -Jun -2007 TAX REFUND
311646 19- Jun -2007 TRAVEUMILEAGE
311647 19- Jun -2007 AUTOMOTIVE SUPPLIES
311877 26 -Jun -2007 MAINTENANCE/REPAIRS
311290 05- Jun -2007 TRAVEUMILEAGE
311292 05 -Jun -2007 PAYROLL REMITTANCE
311293 05- Jun -2007 PAYROLL REMITTANCE
311294 05- Jun -2007 PST REMITTANCE
311295 05- Jun -2007 MARRIAGE LICENCES
311649 19- Jun -2007 PST REMITTANCE
311650 19- Jun -2007 PERMIT FEE
311651 19- Jun -2007 ADMINISTRATIVE
311728 25- Jun -2007 REMITTANCE
311291 05- Jun -2007 PAYROLL REMITTANCE
311484 12- Jun -2007 PAYROLL REMITTANCE
311648 19- Jun -2007 PAYROLL REMITTANCE
311878 26- Jun -2007 PAYROLL REMITTANCE
311652 19- Jun -2007 ADVERTISING
311880 26- Jun -2007 CONTRACT SERVICES
311881 26- Jun -2007 AUTOMOTIVE MATERIALS
311882 26- Jun -2007 FOOTWEAR ALLOWANCE
311653 19- Jun -2007 ASPHALT
311883 26 -Jun -2007 COLD PATCH
311297 05 -Jun -2007 CONSULTING SERVICES
311884 26 -Jun -2007 CONTRACT SERVICES
311885 26- Jun -2007 CANADA DAY ENTERTAINMENT
311298 05- Jun -2007 TRAVEUMILEAGE
311485 12 -Jun -2007 TRAVEUMILEAGE
311299 05- Jun -2007 TAX REFUND
311486 12 -Jun -2007 MATERIALS
311886 26- Jun -2007 FOOTWEAR ALLOWANCE
311654 19 -Jun -2007 AUTOMOTIVE SUPPLIES
311887 26- Jun -2007 AUTOMOTIVE PARTS
311655 19- Jun -2007 TAX REFUND 2005 -2007
311300 05- Jun -2007 TAX REFUND
311301 05- Jun -2007 TAX REFUND
311302 05- Jun -2007 TAX REFUND
311656 19- Jun -2007 CONTRACT SERVICES
311889 26- Jun -2007 LIFETIME MEMBERSHIP
311657 19 -Jun -2007 REFUND
311890 26 -Jun -2007 FOOTWEAR ALLOWANCE
311488 12- Jun -2007 PETTY CASH
311303 05- Jun -2007 TAX REFUND
311304 05 -Jun -2007 CONTRACT SERVICES
311658 19- Jun -2007 MATERIALS
311891 26 -Jun -2007 SAND
311892 26- Jun -2007 2007 TAX LEVY
311490 12 -Jun -2007 CONTRACT SERVICES
311491 12- Jun -2007 GRANT
311309 05- Jun -2007 PAYROLL REMITTANCE
311310 05- Jun -2007 PAYROLL REMITTANCE
311497 12- Jun -2007 PAYROLL REMITTANCE
311663 19 -Jun -2007 PAYROLL REMITTANCE
311897 26- Jun -2007 PAYROLL REMITTANCE
311660 19- Jun -2007 GRANT
311492 12- Jun -2007 GRANT
311493 12- Jun -2007 RENTAL PROPERTY PAYMENT
311494 12 -Jun -2007 DOG TAG REMITTANCE
311893 26 -Jun -2007 CONTRACT SERVICES
311306 05- Jun -2007 WATER ARREARS
311307 05- Jun -2007 UTILITIES
311495 12- Jun -2007 WATER ARREARS
311496 12- Jun -2007 UTILITIES
311661 19- Jun -2007 WATER ARREARS
311662 19- Jun -2007 UTILITIES
311894 26 -Jun -2007 WATER ARREARS
311895 26- Jun -2007 UTILITIES
311311 05 -Jun -2007 TAX REFUND
311664 19- Jun -2007 ADMINISTRATIVE
311898 26 -Jun -2007 ADMINISTRATIVE
311312 05- Jun -2007 ALARM CHARGES
311313 05- Jun -2007 SPONSORSHIP
Page 7 of 11
Amount
1,291.08
769.53
130.00
799.93
185.50
289.50
57,156.25
4,236.46
444.15
19,200.00
6,063.97
450.00
300.00
2,434.71
1,727.60
1,727.60
1,727.60
1,727.60
150.00
1,073.89
805.05
20.00
3,216.84
2,810.83
3,247.84
330.37
300.00
316.00
131.00
1,815.73
169.79
20.00
904.65
371.86
347,206.56
2,141.54
2,568.30
897.84
3,180.00
25.00
300.00
20.00
154.39
2,448.97
14,800.77
319.71
326.49
3,549,421.85
64,453.01
5,458.00
2,042.88
4,492.31
2,042.88
2,024.96
2,024.96
28,000.00
4,000.00
5,969.73
75.00
39,681.83
6,765.43
1,197.39
13,409.86
2,383.05
6,267.59
1,464.65
8,330.48
88,589.90
291.16
430.20
985.20
35.00
100.00
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
NIAGARA SAW SALES AND SERVICE
NIAGARA TENTS EVENTS
NIAGARA THIS WEEK
NIAGARA THIS WEEK
NIAGARA UNITED ENTERPRISE LTD
NIAGARA.COM
NOONAN,LESLI
NORJOHN LTD
NORRIS,STEVE
NORSPEC FILTRATION LTD
NORSTAN RESORTS INC
NORTHSTAR CONSTRUCTION
NOTE FOR NOTE PROFESSIONAL MUSIC PRODUCTIONS
NOVAJET (WEST) INC.
NUMES,PATRICK
0 Y REIT HOLDINGS INC -POC (MCEG) LTD
OMERS
OMERS
ONTARIO GYM SPORTS
ONTARIO GYM SPORTS
ONTARIO WATER PRODUCTS INC
OPTIMIST YOUTH PARK
OUT OF THE COLD
P M PRODUCTIONS
PAMBOOKIAN INDUSTRIES LTD
PAPAVASILIOU,TOM& PAPAVASILIOU, GEORGE
PARAMENTICH,PETAR
PARTY BY DESIGN
PATERSON,ANDREW
PATRIOT ENTERPRISES
PEC ROOF MAINTENANCE
PENINSULA ABSTRACT INC
PENINSULA ABSTRACT INC
PENINSULA CONSTRUCTION INC
PENINSULA PEST CONTROL LTD
PENINSULA PURE WATER
PENINSULA TOWING RECOVERY INC
PERFORMANCE CHRYSLER
PERFORMANCE CONCEPTS CONSULTING
PHAM,GIANG
PHILIPS ENGINEERING
PHILLIPS,GERALD
PIONEER PETROLEUMS MANAGEMENT INC
PITNEY BOWES
POPKO,SUSAN
POPPA CORN CORP
PORT DRUMMOND LTD
PORTAGE BAKERY LIMITED
POTTS,REBECCA
POWELL,KATHLEEN
PRATA,GUY
PRAXAIR
PRESTIGE PORTABLE TOILETS
PREVOST COACH TRANSIT
PREVOST COACH TRANSIT
PROJECT SHARE
PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD
PUROLATOR COURIER
PUROLATOR COURIER
PUROLATOR COURIER
QUAGLIARIELLO CARMEL ESTATE
QUARANTA,MARCELLO
QUICKSERVICE TECH (CAN)
R E P CO.
R NICHOLLS DISTRIBUTORS INC
R NICHOLLS DISTRIBUTORS INC
RACO AUTO SUPPLY LTD
RACO AUTO SUPPLY LTD
RAG RENTALS LIMITED
RAIMONDO ASSOCIATES ARCHITECTS INC
RAMMOHAN,GNANAPRABHA
RAVEN,BONNIE
RAY'S BACKHOE SERVICE
Cheque No. Cheque Date Purpose
311665 19 -Jun -2007 MATERIALS
311314 05 -Jun -2007 RENTAL
311666 19- Jun -2007 ADVERTISING
311899 26- Jun -2007 ADVERTISING
311315 05 -Jun -2007 TAX REFUND
311659 19- Jun -2007 COMPUTER CHARGES
311498 12 -Jun -2007 AWARD
311499 12- Jun -2007 CONTRACT SERVICES
311667 19- Jun -2007 REFUND
311900 26- Jun -2007 MATERIALS
311316 05- Jun -2007 TAX REFUND
311317 05 -Jun -2007 CONSULTING SERVICES
311901 26 -Jun -2007 CANADA DAY ENTERTAINMENT
311500 12 -Jun -2007 EQUIPMENT
311902 26- Jun -2007 CANADA DAY ENTERTAINMENT
311322 05 -Jun -2007 TAX REFUND
311319 05- Jun -2007 PAYROLL REMITTANCE
311320 05- Jun -2007 PAYROLL REMITTANCE
311502 12- Jun -2007 PARK EQUIPMENT
311903 26 -Jun -2007 SPORTS SUPPLIES
311904 26- Jun -2007 FIRE HYDRANT
311669 19- Jun -2007 REFUND
311670 19 -Jun -2007 DONATION
311908 26 -Jun -2007 PRESENTATION GIFTS
311323 05- Jun -2007 TAX REFUND
311324 05 -Jun -2007 TAX REFUND
311503 12- Jun -2007 PERMIT REFUND
311671 19 -Jun -2007 CANADA DAY
311672 19- Jun -2007 REFUND
311504 12 -Jun -2007 STORES /INVENTORY
311505 12 -Jun -2007 MAINTENANCE /REPAIRS
311326 05- Jun -2007 CONSULTING SERVICES
311507 12 -Jun -2007 LEGAL SEARCH FEE
311673 19- Jun -2007 PLACEMENTS OF LARGE ROCKS
311325 05 -Jun -2007 CONTRACT SERVICES
311506 12 -Jun -2007 WATER
311905 26 -Jun -2007 MAINTENANCE/REPAIRS
311906 26- Jun -2007 PLATE FEES
311327 05 -Jun -2007 CONSULTING SERVICES
311328 05 -Jun -2007 TAX REFUND
311674 19- Jun -2007 CONSULTING SERVICES
311907 26 -Jun -2007 FOOTWEAR ALLOWANCE
311330 05 -Jun -2007 TAX REFUND
311509 12 -Jun -2007 MATERIALS
311909 26 -Jun -2007 FOOTWEAR ALLOWANCE
311331 05 -Jun -2007 CONCESSION SUPPLIES
311332 05 -Jun -2007 TAX REFUND
311910 26- Jun -2007 CANADA DAY CAKE
311510 12 -Jun -2007 AWARD
311512 12- Jun -2007 MATERIALS
311675 19- Jun -2007 TRAVEUMILEAGE
311676 19 -Jun -2007 MATERIALS
311911 26 -Jun -2007 LEASES AND RENTS
311677 19- Jun -2007 AUTOMOTIVE SUPPLIES
311912 26- Jun -2007 AUTOMOTIVE PARTS
311913 26- Jun -2007 GRANT
311514 12 -Jun -2007 CONTRACT SERVICES
311333 05- Jun -2007 COURIER
311678 19- Jun -2007 COURIER
311914 26 -Jun -2007 COURIER
311334 05- Jun -2007 TAX REFUND
311915 26- Jun -2007 REFUND
311916 26- Jun -2007 MAINTENANCE/REPAIRS
311339 05 -Jun -2007 MAINTENANCE AND REPAIRS
311342 05- Jun -2007 UNIFORMS
311523 12 -Jun -2007 UNIFORMS
311515 12 -Jun -2007 STORES /INVENTORY
311917 26 -Jun -2007 STORES /INVENTORY
311335 05- Jun -2007 TAX REFUND
311516 12- Jun -2007 CONSULTING SERVICES
311918 26 -Jun -2007 REFUND
311919 26- Jun -2007 FOOTWEAR ALLOWANCE
311517 12- Jun -2007 PERMIT REFUND
Page 8 of 11
Amount
1,048.80
191.85
279.84
560.95
4,661.66
152.06
500.00
23,768.93
449.55
254.85
13,624.37
2,769.25
1,680.00
1,881.00
600.00
21,646.83
390,830.64
25,294.18
1,352.54
2,655.63
1,653.00
1,768.07
100.00
1,894.68
251.77
960.51
750.00
342.00
300.00
519.84
1,454.83
62.85
125.42
3,286.00
518.34
480.00
265.00
107.00
4,800.14
1,441.80
4,454.11
20.00
935.46
286.12
20.00
963.89
747.51
500.00
666.66
192.13
27.00
160.12
1,271.99
320.55
57.00
51,656.84
482,457.06
27.07
97.12
49.76
806.31
1,750.00
165.82
296.52
150.06
648.37
366.75
96.39
2,560.89
3,289.88
750.00
20.00
1,460.00
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
RBC LIFE INSURANCE COMPANY
RBC ROYAL DIRECT CALL CENTER
RCI CONSULTING
RCI CONSULTING
REALTAX INC
RECEIVER GENERAL
RECEIVER GENERAL
RECEIVER GENERAL
RECEIVER GENERAL
RECEIVER GENERAL
REGULAR,GERIE
REMPEL,LAUREN
RENNIE,GEORGE
RIDGEMOUNT QUARRIES LIMITED
RIDLEY ASSOCIATES APPRAISAL SERVICES LIMITED
RIVER REALTY DEVELOPMENT (1976) INC
ROBBINS,JANE
ROBBINS,RICHARD
ROCHESTER MIDLAND LIMITED
ROCHESTER MIDLAND LIMITED
ROGERS WIRELESS INC
ROGERS WIRELESS INC
ROMULUS HOLDINGS INC,
RONA ONTARIO INC
RONALD C ELLENS APPRAISALS INC
ROSE,RICK
ROSS,JOHN
ROSS,JOHN HENRY
ROTO ROOTER PLUMBERS
ROYAL ENVELOPE LTD
RRVP (NIAGARA SQ. INC) C/O RIOCAN PROPERTY SERVICES
RSQ EMERGENCY TRAINING
RUDACHUK,PHUP
RUDACHUK,PHILIP
RUDAN EXPORT IMPORT LTD
SACCO,DOLORES
SAFEGUARD ELEVATOR MAINTENANCE LTD
SAFETY KLEEN CANADA INC
SAFETY TODAY
SAFETY TODAY
SAFETY TODAY
SAINT GOBAIN CERAMIC MATERIALS CANADA INC
SALCI,TED
SCARINGI,VITO
SCARINGI,VITO
SCARINGI,VITO
SCHUELE,RACHEL
SCOTIABANK
SCOTIABANK
SCOTIABANK
SCOTT,JOANNE
SEALER WORKS
SEALER WORKS
SEALER WORKS
SEGLINS,JONATHAN
SEICK,WILLIAM
SERRAVALLE,LEONARDO& SERRAVALLE, MARCELLA
SETON
SEYMOUR,COLIN
SHAHEEN PEAKER LTD
SHELL CANADA PRODUCTS
SHERWIN WILLIAMS
SHERWIN WILLIAMS
SHRED IT KITCHENER
SICO INC
SIDOFF,ROBERT
SIDOFF CLEANERS AND TAILORS LTD
SIGNATURE SIGNS
SIMCOE GLASS ALUMINUM
SIMPLEX GRINNELL
SIMPLISTIC LINES INC
SIMPLISTIC LINES INC
SINGULAR PRODUCTIONS LIMITED
Cheque No. Cheque Date Purpose
311518 12 -Jun -2007 INSURANCE PREMIUMS
311920 26 -Jun -2007 TAX O/P REFUND
311519 12- Jun -2007 CONSULTING SERVICES
311921 26- Jun -2007 CONSULTING SERVICES
311336 05 -Jun -2007 ADMINISTRATIVE
311337 05- Jun -2007 PAYROLL REMITTANCE
311520 12- Jun -2007 PAYROLL REMITTANCE
311521 12- Jun -2007 PAYROLL REMITTANCE
311679 19 -Jun -2007 PAYROLL REMITTANCE
311922 26 -Jun -2007 PAYROLL REMITTANCE
311925 26- Jun -2007 CANADA DAY
311926 26- Jun -2007 TRAVEUMILEAGE
311927 26 -Jun -2007 FOOTWEAR ALLOWANCE
311340 05 -Jun -2007 STONE
311682 19- Jun -2007 ADMINISTRATIVE
311341 05 -Jun -2007 TAX REFUND
311928 26 -Jun -2007 FOOTWEAR ALLOWANCE
311929 26 -Jun -2007 FOOTWEAR ALLOWANCE
311343 05- Jun -2007 CONCESSION SUPPLIES
311930 26- Jun -2007 CONCESSION SUPPLIES
311344 05 -Jun -2007 UTILITIES
311931 26 -Jun -2007 UTILITIES
311345 05 -Jun -2007 TAX REFUND
311683 19- Jun -2007 CONSTRUCTION MATERIALS
311932 26 -Jun -2007 CONSULTING SERVICES
311933 26 -Jun -2007 CANADA DAY ENTERTAINMENT
311346 05 -Jun -2007 TAX REFUND
311347 05- Jun -2007 TAX REFUND
311934 26- Jun -2007 PIPE REPLACEMENT
311935 26- Jun -2007 OFFICE SUPPLIES
311348 05 -Jun -2007 TAX REFUND
311525 12 -Jun -2007 TRAINING
311349 05 -Jun -2007 TRAVEUMILEAGE
311526 12- Jun -2007 TRAVEUMILEAGE
311350 05- Jun -2007 TAX REFUND
311684 19- Jun -2007 PETTY CASH
311527 12- Jun -2007 MAINTENANCE /REPAIRS
311528 12 -Jun -2007 STORES /INVENTORY
311351 05- Jun -2007 STORES /INVENTORY
311529 12 -Jun -2007 STORES /INVENTORY
311685 19 -Jun -2007 STORES /INVENTORY
311352 05- Jun -2007 TAX REFUND
311936 26 -Jun -2007 ADMINISTRATIVE
311353 05- Jun -2007 TRAVEUMILEAGE
311530 12- Jun -2007 TRAVEUMILEAGE
311686 19 -Jun -2007 MATERIALS
311531 12- Jun -2007 AWARD
311354 05- Jun -2007 MATERIALS
311355 05- Jun -2007 PURCHASE CARD
311937 26- Jun -2007 ADMINISTRATIVE
311938 26 -Jun -2007 FOOTWEAR ALLOWANCE
311356 05- Jun -2007 MATERIALS
311532 12- Jun -2007 MATERIALS
311939 26- Jun -2007 PAINT
311940 26 -Jun -2007 CANADA DAY ENTERTAINMENT
311941 26 -Jun -2007 FOOTWEAR ALLOWANCE
311357 05- Jun -2007 TAX REFUND
311942 26 -Jun -2007 AUTOMOTIVE SUPPLIES
311533 12- Jun -2007 SAFETY SHOES
311359 05- Jun -2007 KELLER AND MECHANIC ST
311943 26 -Jun -2007 FUEL
311360 05 -Jun -2007 PAINTS
311944 26- Jun -2007 PAINTS
311945 26- Jun -2007 CONTRACT SERVICES
311361 05 -Jun -2007 STORES /INVENTORY
311363 05 -Jun -2007 TAX REFUND
311362 05- Jun -2007 TAX REFUND
311946 26- Jun -2007 SIGNS
311688 19 -Jun -2007 GLASS REPLACEMENTS
311689 19- Jun -2007 FIRE EXTINGUISHERS
311364 05- Jun -2007 MATERIALS
311690 19- Jun -2007 FIELD MARKING PAINT
311365 05 -Jun -2007 PARADE FLOAT
Page 9 of 11
Amount
2,457.70
1,790.33
4,234.86
1,858.98
14,034.40
196,499.53
207,757.70
16,186.14
196,361.56
209,563.17
1,200.00
59.50
12.50
123.73
1,288.96
3,097.71
20.00
20.00
429.21
1,581.00
914.69
2,534.08
1,825.26
582.39
2,079.00
150.00
511.30
581.85
424.00
173.00
39,304.37
60.00
231.00
368.50
3,680.68
443.38
271.36
1,264.51
56.09
448.71
287.28
6,074.28
1,155.00
156.00
164.00
600.00
750.00
9.68
167,289.46
1,079.42
20.00
2,770.58
2,027.28
2,000.75
800.00
20.00
981.16
54.09
150.00
1,120.42
104,829.03
2,325.38
2,127.37
68.90
596.42
973.13
571.72
342.00
75.79
409.26
1,470.20
1,934.58
1,381.68
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
SINGULAR PRODUCTIONS LIMITED
SMILE THEATRE
SMITH,ED
SNAP ON TOOLS
SNYDER,BILL
SPENCER,ALAN
SPINTON ROOFING LIMITED
ST ONGE,ED
ST SAGA HOLDINGS INC
STAMFORD COLLEGIATE
STEED EVANS LIMITED
STINSON EQUIPMENT LIMITED
STOKES INTERNATIONAL
STRATEGY CORP
STRATEGY CORP
SULLIVAN MAHONEY
SUN LIFE OF CANADA
SUN LIFE OF CANADA
SUN LIFE OF CANADA
SUN LIFE OF CANADA
SUNCOR ENERGY PRODUCTS INC
SUNCOR ENERGY PRODUCTS INC
SUPERIOR BLEND COFFEE LTD
SUPERIOR BLEND COFFEE LTD
SUPERIOR PROPANE INC
T C HOLDINGS
TAG INC
TALK WIRELESS INC
TALK WIRELESS INC
TAMM COMMUNICATIONS INC
TAMM COMMUNICATIONS INC
TD CANADA TRUST
TELUS INTEGRATED COMMUNICATIONS
TELUS MOBILITY
TELUS MOBILITY
TELUS MOBILITY
TELUS NATIONAL SYSTEMS INC
TELUS NATIONAL SYSTEMS INC
TELUS NATIONAL SYSTEMS INC
TESKEY,BERNADETTE
TETRAULT DAVID
THE CAMERA PLACE FOTO SOURCE
THE EMPIRE LIFE INSURANCE CO
THE EQUIPMENT SPECIALIST INC
THE EQUIPMENT SPECIALIST INC
THE EQUIPMENT SPECIALIST INC
THE EQUIPMENT SPECIALIST INC
THE PEPSI BOTTLING GROUP
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REVIEW
THE SENIORS REVIEW
THOMPSON,TAMMY
THOMSON,WAYNE
THOROWEST PLAZA LTD
TICKET TRACER CORPORATION
TIDD,DEREK
TORONTO STAMP INC
TORONTO STAMP INC
TOTO,ANGELO
TRI CITY CURB CUTTING INC
TVCOGECO
TWARDAWSKY,NICK
TYCHYNSKI,RUDY& TYCHYNSKI, YVONNE
TYERS,SUSAN
TYERS,SUSAN
TYNDALL,MARION
UAP INC #963
UAP INC #963
Che+ ue No. Cheque Date
311947 26 -Jun -2007
311366 05- Jun -2007
311948 26- Jun -2007
311949 26 -Jun -2007
311950 26 -Jun -2007
311952 26 -Jun -2007
311693 19- Jun -2007
311367 05- Jun -2007
311369 05 -Jun -2007
311694 19- Jun -2007
311953 26- Jun -2007
311535 12 -Jun -2007
311695 19 -Jun -2007
311368 05- Jun -2007
311536 12- Jun -2007
Pur•ose
PARADE FLOAT
MATERIALS
FOOTWEAR ALLOWANCE
TOOLS
FOOTWEAR ALLOWANCE
CANADA DAY ENTERTAINMENT
CONTRACT SERVICES
TUITION REIMBURSEMENT
TAX REFUND
ADVERTISING
CONTRACT SERVICES
MAINTENANCE /REPAIRS
UNIFORM ACCESSORIES
CONSULTING SERVICES
CONTRACT SERVICES
311370 05 -Jun -2007 CONSULTING SERVICES
311537 12- Jun -2007 BENEFIT PREMIUM
311557 13 -Jun -2007 BENEFIT PREMIUM
311697 19- Jun -2007 BENEFIT PREMIUM
311698 19 -Jun -2007 BENEFIT PREMIUM
311696 19 -Jun -2007 PROPANE
311954 26- Jun -2007 FUEL
311372 05-Jun-2007 OFFICE SUPPLIES
311700 19- Jun -2007 COFFEE SUPPLIES
311699 19- Jun -2007 PROPANE
311374 05 -Jun -2007 TAX REFUND
311955 26 -Jun -2007 AUTOMOTIVE PARTS
311701 19 -Jun -2007 MATERIALS
311956 26 -Jun -2007 CANOPY NETWORK ACCESSING
311373 05 -Jun -2007 ADVERTISING
311957 26 -Jun -2007 ADVERTISING
311375 05- Jun -2007 TAX REFUND
311538 12 -Jun -2007 UTILITIES
311539 12- Jun -2007 UTILITIES
311703 19- Jun -2007 UTILITIES
311958 26- Jun -2007 CONTRACT SERVICES
311376 05- Jun -2007 EQUIPMENT
311704 19 -Jun -2007 UTILITIES
311959 26- Jun -2007 UTILITIES
311960 26 -Jun -2007 FOOTWEAR ALLOWANCE
311961 26 -Jun -2007 REFUND
311771 26- Jun -2007 FILM
311607 19 -Jun -2007 BENEFITS
311377 05 -Jun -2007 LEASES AND RENTS
311540 12- Jun -2007 LEASES AND RENTS
311611 19- Jun -2007 LEASES AND RENTS
311812 26- Jun -2007 LEASES AND RENTS
311705 19- Jun -2007 CONCESSION SUPPLIES
311338 05- Jun -2007 SIGNS
311522 12- Jun -2007 DEBENTURE PAYMENT
311680 19- Jun -2007 ADMINISTRATIVE
311681 19 -Jun -2007 DEBENTURE PAYMENT
311923 26- Jun -2007 WATER AND WASTE FLOW MAY /0
311924 26- Jun -2007 SIGNS
311962 26 -Jun -2007 ADVERTISING
311963 26- Jun -2007 ADVERTISING
311964 26-Jun-2007 CANADA DAY ENTERTAINMENT
311378 05 -Jun -2007 INTERNET FEES
311379 05- Jun -2007 TAX REFUND
311706 19- Jun -2007 CONTRACT SERVICES
311707 19- Jun -2007 TOWN CRIER
311541 12 -Jun -2007 OFFICE SUPPLIES
311708 19- Jun -2007 OFFICE SUPPLIES
311542 12 -Jun -2007 LIVESTOCK CLAIM
311380 05- Jun -2007 CURB CUTTING
311709 19- Jun -2007 MATERIALS
311381 05- Jun -2007 TRAVEVMILEAGE
311382 05 -Jun -2007 TAX REFUND
311543 12 -Jun -2007 TRAVEL
311965 26- Jun -2007 FOOTWEAR ALLOWANCE
311966 26- Jun -2007 FOOTWEAR ALLOWANCE
311383 05- Jun -2007 STORES /INVENTORY
311544 12- Jun -2007 STORES /INVENTORY
Page 10 of 11
Amount
891.48
700.00
20.00
724.59
20.00
600.00
45,528.22
599.06
1,410.29
200.00
117,361.61
302.49
2,632.91
4,240.15
4,240.04
1,676.35
380.93
329.14
260,686.67
256,093.52
1,821.30
1,807.34
499.39
472.73
62.70
3,609.83
394.27
465.00
286.04
1,264.83
949.63
818.63
2,750.54
8,817.78
319.18
304.93
12,072.38
1,956.41
9,815.97
20.00
73.49
328.32
30,306.97
11,172.00
3,000.00
6,224.40
7,501.20
3,586.52
4,904.15
150,429.00
1,200.00
329,940.00
1,692,638.87
28,575.15
9,330.98
397.50
700.00
152.49
3,891.30
12,540.00
1,500.00
80.20
389.29
150.00
1,164.62
17.10
119.00
4,013.41
102.00
20.00
20.00
975.89
128.66
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
UAP INC #963
UNITED WAY
UPPER CANADA CONSULTANTS
UPS CANADA
URBAN ENVIRONMENTAL MANAGEMENT INC
URBAN ENVIRONMENTAL MANAGEMENT INC
URBAN METRICS INC
V GIBBONS CONTRACTING LTD
V GIBBONS CONTRACTING LTD
VADIM COMPUTER MANAGEMENT GROUP LTD
VALUE ADDED SYSTEMS INC
VAN HOUTE COFFEE SERVICES INC CO 38
VANDEN BUSSCHE IRRIGATION
VANIER,DYLAN
VERROCHE,KEVIN
VIC VATRT CONTRACTING LTD
VINELAND QUARRIES
VISCUSI,PASQUALE& VISCUSI, ELIZABETH
VMG (5400 STANLEY AVE) INC
VOKEY,JASON
VUKSAN,RANKO& VUKSAN, DUSAN
WAHEED,ABDUL
WALK ON DUST CONTROL
WALK ON DUST CONTROL
WALK ON DUST CONTROL
WALKER BROTHERS ASPHALT
WALKER BROTHERS ASPHALT
WALKER BROTHERS QUARRIES LTD
WALKER BROTHERS QUARRIES LTD
WALKER BROTHERS QUARRIES LTD
WARNER,BILL
WASHINGTON,WES
WAYNE SAFETY INC
WESCO DISTRIBUTION CANADA INC
WHALEN,RICHARD
WHITE,CARLY
WHITING EQUIPMENT SERVICES COMPANY LTD
WIENS,DAVE
WILSON,STEPHEN& WILSON, BONITA
WINGER,TERRI
WINTER FESTIVAL OF LIGHTS
WIRELESS WORKS
WIRELESS WORKS
WOMEN'S PLACE OF SOUTH NIAGARA INC
WOMEN'S PLACE OF SOUTH NIAGARA INC
WRIGHT FUELS INC
WSIB
WSIB
WYLIE,BRENDA
YELLOW PAGES GROUP
YMCA
YMCA
YMCA
YMCA
YMCA
YOUNG SOD FARMS LTD
YWCA ST CATHARINES
ZAPPITELLI,NICOLA ANTHONY
ZAVITZ,SHERMAN
Che ue No. Che s ue Date Pur ose
311710 19 -Jun -2007 STORES /INVENTORY
311967 26- Jun -2007 PAYROLL REMITTANCE
311711 19- Jun -2007 CONSULTING SERVICES
311712 19- Jun -2007 COURIER
311384 05- Jun -2007 CLIFTON HILLNICTORIA AVE INTEL
311547 12- Jun -2007 WARREN CREEK GEOMORPHOLO+
311968 26 -Jun -2007 CONTRACT SERVICES
311715 19 -Jun -2007 CONTRACT SERVICES
311716 19 -Jun -2007 CONTRACT SERVICES
311548 12- Jun -2007 COMPUTER
311549 12- Jun -2007 MATERIALS
311714 19- Jun -2007 COFEE SUPPLIES
311713 19- Jun -2007 MATERIALS
311969 26 -Jun -2007 CANADA DAY ENTERTAINMENT
311970 26 -Jun -2007 FOOTWEAR ALLOWANCE
311385 05 -Jun -2007 CONTRACT SERVICES
311971 26- Jun -2007 STONE
311386 05- Jun -2007 TAX REFUND
311387 05- Jun -2007 TAX REFUND
311471 12- Jun -2007 CONSULTING SERVICES
311388 05- Jun -2007 MATERIALS
311389 05- Jun -2007 TRAVEL/MILEAGE
311551 12 -Jun -2007 MATS
311718 19- Jun -2007 MATS
311974 26- Jun -2007 MATS
311390 05- Jun -2007 ASPHALT
311972 26- Jun -2007 ASPHALT
311391 05- Jun -2007 GRANULAR STONE
311717 19- Jun -2007 GRANULAR A STONE
311973 26 -Jun -2007 GRANULAR A STONE
311975 26- Jun -2007 CANADA DAY ENTERTAINMENT
311976 26- Jun -2007 FOOTWEAR ALLOWANCE
311552 12- Jun -2007 STORES /INVENTORY
311977 26- Jun -2007 STORES /INVENTORY
311978 26- Jun -2007 FOOTWEAR ALLOWANCE
311553 12- Jun -2007 AWARD
311979 26 -Jun -2007 CONTRACT SERVICES
311392 05- Jun -2007 LOT GRADING REFUND
311980 26- Jun -2007 REFUND
311981 26- Jun -2007 ADMINISTRATIVE
311982 26 -Jun -2007 GRANT
311554 12- Jun -2007 UTILITIES
311719 19 -Jun -2007 CONTRACT SERVICES
311983 26- Jun -2007 GRANT
311984 26- Jun -2007 GRANT
311720 19 -Jun -2007 FUEL
311393 05 -Jun -2007 PAYROLL REMITTANCE
311989 26- Jun -2007 REMITTANCE
311721 19- Jun -2007 PETTY CASH
311722 19- Jun -2007 ADVERTISING
311394 05- Jun -2007 MACBAIN CENTRE
311726 20- Jun -2007 CONTRACT SERVICES
311727 20- Jun -2007 DONATION
311986 26 -Jun -2007 PAYROLL REMITTANCE
311987 26- Jun -2007 CONTRACT SERVICES
311556 12- Jun -2007 SOD
311988 26- Jun -2007 GRANT
311395 05- Jun -2007 TAX REFUND
311724 19 -Jun -2007 REMITTANCE
Page 11 of 11
Amount
39.52
1,242.00
12, 758.16
53.18
3,195.74
34, 753.40
7,545.36
7,460.28
70,761.12
5,512.00
3,659.40
118.40
73.67
1,590.00
20.00
13,718.52
597.27
2,527.78
4,226.88
243.75
662.83
273.00
21.94
188.88
23.10
872.43
1,667.79
2,534.53
311.07
2,917.44
500.00
10.00
870.05
5,974.91
20.00
1,000.00
530.00
1,000.00
298.21
65.00
31,666.67
5,597.40
1,398.39
20,000.00
2,083.33
31 ,477.69
716.84
161,249.26
476.81
28.41
6,039.05
2,149.29
100.00
12.00
1,086.59
2,434.85
5,181.83
1,676.12
1,500.00
Total 22,087,243.39
July 9, 2007 FS- 2007 -02
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Recommended by:
Respectfully submitted:
Laura Carroll
Niagara,Falls
Re: FS- 2007 -02
The Arson Prevention Program for Children (TAPP-C) Protocol
RECOMMENDATION:
Council authorize the Fire Chief to sign the above -noted p rotocol.
BACKGROUND:
In 1990, an innovative program was introduced in Toronto to address the ever-
increasing problem of juvenile fire setting. TAPP -C offers assessment, treatment and
fire safety education for young fire setters and their families through h
g a unique
partnership between fire service and mental health professionals. Seventeen ea
y rs
later, TAPP -C is the intervention program of choice among Ontario fire departments
epartments
i
and is also being used in several other provinces.
In June of 2006 Fire Prevention Officer Donna Gill i
of St. Catharines issued a call to
other fire departments in the Niagara Region to artici ate in developing a
p p p g coordinated
approach to implementing a TAPP -C program in Niagara. U p to this time such
programs had been done on an ad hoc basis or through limited local arrangements
g s
between fire departments and mental health professionals.
Fire Departments of the Niagara Region will undertake the functions of
providing home fire- safety checks and fire- safety education to children outh and
their families;
y
referring children and youth, with appropriate consent, to Contact Niagara g a forthe
purpose of initiating the mental health component of the TAPP -C program; and
participating in broad joint community planning t• address larger er issues.
g
Lee Smith, Fire Chief
at- t'
acDonald, Chief Administrative ffice
Working Together to Serve Our Community
Fire Services
July 9, 2007
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Niagararalls
Re: L- 2007 -31
Release of Easements
Parts 89 and 90 on Reference Plan 59R -13264
Our File No.: 2007 -224
RECOMMENDATION:
That two Easements registered on title to the above referenced property fo
r the purpose
of storm sewer servicing, be released at no cost to the City.
Y
BACKGROUND:
L- 2007 -31
In November 2006, The Corporation of the City of Niagara Falls (the "Cit g "City") into
a Subdivision Agreement with River Realty Development Inc. ("River Realty") .t with
respect to Deerfield Estates Subdivision. River Realty was required to transfer to the City
q tY
numerous Easements located within the subdivision.
Since the registration of the Easement Plan, the initial lotting approved in
g pp the Deerfield
Estates Plan of Subdivision has been revised. As a result of the revision, the
original rear
yard drainage Easements, designated as Parts 89 and 90 on Reference Plan 59R-13264
9R 13264
and shown in yellow on Attachment "1 which are ty icall centered on common Y on lot lines,
are no longer designed as required and it is now necessary to coordinate the Easements
sements
with the realigned lot lines. River Realty has requested that the Easements be released,
in order that a new Easement Plan can be placed on title to the subdivision.
The request was circulated to City Staff and there were no objections to the
objections release of the
Easements.
L2E 6X5 905- 356 -7521 www.niagarafalls.ca
htK LY '�S f
a,tS M �3s'� 16
Working Together to Serve Our Community
Corporate Services Department
Legal Services
i Ju ly 9, 2007
The release from title of the Easements over a portion of the subdivision lands is therefore
recommended, which Release would be registered on title at no cost to the City.
Recommended by:
Approved by:
Respectfully submitted:
K. Beaman /L. Banks
2 L- 2007 -31
Kenneth L. Beaman, City Solicitor
K. E. Burden, Acting Executive Director of Corporate Services
MacDonald, Chief Administrative Officer
1
9
s
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STAMFORD
STAMFORD
.j LLO4R
r r
8 1 7 t 5
STAMFORD
TOWNSHIP
Par
119
118
t
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126
81.1. 279 402
I 7 91414514q0
lot
127 1
j_ r; 112
BLOCK 277
WOW
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ATTACHMENT"'
ioo 1/
96
94 1 1
PART
FORESIMER BOULEVARD
1
93 R e I
4/31,1 I
44- 4:130 129 129
TOWNSHIP
BLOCK
275
TOWNSHIP
060,4, 'In
64264 -owsti.r1
PLAN 59R-32; i
LOT
r" .1.4
LOT
14.CL• 110 I
216
150
cf. 06\ .1
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POP 62
161
1
1_ o n1
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139
160
A r 7: T 1 1 I
4 i j _I F_ -I-- -1 1- 1 T MA.
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ft, Ise i i i_ 269_ 2: 4 3. 1
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ill:t4: _z__
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---..4. 1.... .45 I- -1 r 74
GlAYCIC DRIVE
I T N---- -4 ............i 146 1 r r I T- i I 599
I
IR 1 63 1
j 1 64 I. 1 1 i
41 4
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,1 2 I 1 175 178
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ear
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r i, 7 i 47- --/,,..39 "s .-1-1 2";-, 1 a• 0
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66
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ORt. egi MUD 2 i
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T
PART 2.
8LOCK 280
PAR
pi,V, 59R-11634
KOCK 276
PLAN 59R -1 1.7
MT..
I 176
N GLlC
Da
PLAN 59R-15297 1
155
0 SEE DETAL
PART
0
0
1 ROCK 274
PARTI.ALLY 00409.1:0 eAsEvecrPtAN OF
PART Of LOTS 2, 3, 5, 6, 11, 13, 14. 15. 16. 16,
19, 26, 31, 32, 54, 35, 37. 36, 40. 41, 52. 56.
61, 62. 65, 66, 76, 77. 76, 79, 61, 62. 63, 64.
t 11 IVII
121, 122, 25. 125, 125, 130, 131, 533, 134,
137, 1311, 140, 141, 143..144, 1,9, 150, 179.
50, 152, 163, 169, 195, 116, 197, 166. 506.
207. 209, 110, 115, 118, 219. 121. 222. 224,
215, 228. 229, 2317, 2.36, 237, 245, 245. 248,
244. 253, 254, 263 0 264.
P005 r.112, v. 177 k 214
CRY OF NIAGARA FALLS
:MORAL 11UNIC1PAUTY
7
202C
arzW4C-3-.Tfal."
‘1.1 VAL I"
EC
143V 2 24
oeWgi.").?er
July 9, 2007
L- 2007 -32
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: L- 2007 -32
Assignment of Lease
Part of Peal Street Road Allowance
Our File No.: 2007 -242
RECOMMENDATION:
BACKGROUND:
.�iN ,yam.. Z
Niagarapalls
That the City grant a Consent to Assignment of Lease in favour of James Schroder
and
Marilyn Schroder, and the Mayor and Clerk be authorized to execute the said Agreement.
g nt.
On January 22n 2002, the City entered into a Lease Agreement with Frederick Taylor ylorand
Mary Taylor (the "Taylors to lease certain lands lying nd being in the City of Niagara
g y gara
Falls, and being composed of Part of Pell Street Road Allowance, municipally known
p y as
4078 Front Street, for a term of forty (40) years, commencing on the 1 st day of February,
y ary,
2002, and ending on the 31' day of January, 2042. Attached as Attachment "1" is a copy
of the said Lease Agreement.
Further, on August 1s 2002, the City entered into a Lease Amendment Agreement with
th
the Taylors whereby certain provisions of the January 22 2002, Agreement varied.
d.
Attached as Attachment "2" is a copy of the said Lease. Amendment Agreement.
The Taylors have since entered into an Agreement of with Purchase and Sale with James
Schroder and Marilyn Schroder (the "Schroders") to sell lands adjacent to the
adjacent subject
leased lands. In addition to selling their property, the Taylors also wish to assign their
y g
interest in the subject leased lands to the Schroders.
ueen Street,`P.o Box 1023, Niagara Falls ON, Canada L.
2� 6X5 905-356-7521 www ni agarafaflsca
Working Together to Serve Our Community
Corporate Services Department
Legal Services
July 9, 2007 2 L- 2007 -32
The Lease Agreement of January 22n 2002, provides that the Taylors shall be p ermitted
to assign or sublease the lease to a third party, provided that the City has firstly given its
consent in writing, which consent shall not be unreasonably withheld.
Recommended by:
Approved by:
Respectfully submitted:
K. Beaman /J. Heathers
j*
Kenneth L. eaman, City Solicitor
K. E. Burden, Acting Director of Corporate Services
MacDonald, Chief Administrative Officer
Y 1
ATTACHMENT "1
THIS INDENTURE made in triplicate this 22n day of January, 2002.
IN PURSUANCE OF THE SHORT' FORMS OFLEASESACT:
FREDERICK TAYLOR and
MARY TAYLOR
WITNES SETH that in consideration of the rents, covenants and agreements hereinafter reserved
and
contained on the part of the lessee, the lessor by these presents doth demise and lease unto the lessee
all that parcel of land situate lying and being in the City of Niagara ara Falls in the
g Regional
Municipality of Niagara and being composed ofpart of Pell Street road allowance, as shown outlined
t�
t�
on a sketch marked Schedule A attached hereto, together with all facilities of ingress and
gr egress
required for the use of the said parcel of land for the purpose hereinafter set out.
1 TO HAVE AND TO HOLD the said demised arce
p I of land (the "land") for and during the
term of forty (40) years commencing on the 1st day of Febru 2002 and ending on the 31st
day of January, 2042.
2. There shall be no renewals or extensions of the term.
3. Subject to paragraph 4, yielding and paying therefor during the said term unto the lessor the
g r
sum of $815.43 annually to be paid in advance on the first day of February in each and eve
y rY every
year.
4. (1) The lessee covenants to pay rent.
Hereinafter called the "lessee"
OF THE FIRST PART
and
THE CORPORATION OF THE CITY OF NIAGARA
FALLS,
Hereinafter called the "lessor"
OF THE SECOND PART
(2) The said rent shall be fixed, except as set out below, for an initial period of five (5)
years and shall be subject thereafter to review and revision in accordance with the
terms of this lease.
(3)
Review and revision of the rent payable shall take effect on the fifth anniversary of
the commencement of this agreement and on each subsequent fifth anniversary.
(4) In the event that the parties are unable to agree upon the revision of rental payments,
this lease may be cancelled by either party giving 90 days notice, in writing, to the
other party of their intention to cancel the lease.
5. The lessee shall be permitted to assign or sublet the lease to a third party, provided that the
lessor has firstly given its consent in writing, which consent shall not be unreasonably
withheld. The lessee further covenants that any and all assignments or subletting of the lease
shall be subject to the execution of all documentation necessary, in the sole discretion of the
lessor, to bind the assignee(s), transferee(s) or sub tenant(s), as the case maybe, to all of the
terms and conditions contained herein.
6. In the event of any default hereunder, except for arrears of taxes which are specifically dealt
with in paragraph 7, including without limitation, the non payment of rent or
non performance of covenants by the lessee, the lessor shall give the lessee at least thirty
days notice in writing to rectify the default. Should the lessee not rectify the default, the
Lessor shall be entitled to terminate the lease upon giving the lessee thirty (30) days notice
in writing to this effect at the address below specified in paragraph 11 and to re- enter and
take possession of the lands and lessee hereby covenants and agrees to deliver up vacant
possession of the land immediately upon request.
7. The lessee covenants with the lessor to pay all taxes, rates and charges, including local
improvement rates which are assessed or charged against the land. The lessee agrees that
should there be tax arrears against the land for a period of at least thirty days, the lessor may
terminate this lease upon giving the lessee at least thirty days' written notice but the arrears
are still due and owing by the lessee. Any subsequent payment of the arrears by the lessee
shall not terminate or cancel the notice of termination given by the lessor herein.
8. The lessor covenants with the lessee for quiet enjoyment.
9. The lessor and the lessee hereby further covenant and agree as follows:
(a) The land shall be used and occupied in accordance with the zoning by -law, as may
be amended from time to time, as well as all other municipal, provincial and federal
laws.
(b)
-2-
The lessee covenants to maintain the land in good repair. If, in the sole discretion of
the lessor, any required maintenance or repair is not performed forthwith by the
lessee, the lessor shall be entitled to direct, in writing, that the lessee have the
required work performed entirely at the expense of the lessee. If the lessee fails to
undertake the required work, the lessor shall have the right, in its sole discretion, to
(e)
(f)
(g)
-3
have the work undertaken at the expense of the lessee and further the lessor shall be
entitled to terminate the lease upon giving the lessee at least thirty days' notice
Y
in writing and the lessee hereby covenants and agrees to deliver up vacant possession
of the land immediately upon request.
(c) The Lessee shall not cut or remove any trees or ornamental shrubs without the consent
of the lessor.
(d) Upon expiration or termination of the lease, the lessee may either remove all
buildings and structures within thirty days from the end of the lease or the buildings
g s
and structures will become the sole property of the lessor. Should the lessee remove
any buildings or structures, he /she shall be responsible for all costs associated with
the restoration of the land to its original condition or such other condition as shall be
approved by the lessor, failing which the lessor may do the required work at the sole
expense of the lessee, and the lessee agrees to pay forthwith such costs and expenses
as may by incurred by the lessor.
All persons and property at any time on the land shall be at the sole risk of the lessee,
and the lessor shall not be liable for any loss, damage, or injury (including loss of
life) to them or it however occurring, unless caused or contributed to by the neglect
or default of the lessor.
The lessee shall assume all liability and obligation for any and all loss, damage, or
injury (including death) to persons or property that would not have happened but for
this indenture or anything done or maintained by the lessee thereunder or intended
so to be and the lessee shall at all times indemnify and save harmless the lessor from
and against all such loss, damage, or injury and all actions, suits, proceedings, costs,
charges, damages, expenses, claims or demands arisin g therefrom or connected
therewith; provided that the lessee shall not be liable to the extent to which such loss,
damage, or injury is caused or contributed by the neglect or default of the lessor.
The lessee shall at its own expense take out and keep in force a comprehensive policy
of general liability and property damage insurance satisfactory to the City Solicitor,
protecting and indemnifying the lessee and the lessor, its officers, employees and
agents against any claims for damage or bodily injury to or death of one or more
persons and the loss of or damage to property occurring in, on, or about the land with
all inclusive coverage of not less than $2,000,000.00 such olic y to include the
p Y
lessor as an additional named insured and to be endorsed to include the contractual
obligation of the lessee to the lessor under this agreement and to contain a "cross
liability" endorsement. A certified copy of such policy or a certificate in lieu, in a
form satisfactory to the City Solicitor, shall be provided to the lessor on or before the
lease commencement date and on or before the renewal date of all future renewals
of the policy. The lessor may, in its sole discretion, require the lessee to raise the
(h) The lessor may at any time (except in an emergency when no notice shall be
required) upon reasonable notice, enter on the land and inspect same to insure
compliance with the terms of this lease.
(i)
4
minimum amount of coverage and shall so advise the lessee in writing, who then
shall immediately increase the minimum coverage and deliver to the lessor within
thirty days, a certified copy of the policy or a certificate in lieu, in a form satisfactory
City the City Solicitor, showing the amended coverage. Failure of the lessee to comply
pY
with these provisions shall constitute breach of the terms of this lease and shall
entitle the lessor to terminate the lease upon giving at least thirty days notice in
g �Y Y
writing to the lessee.
The lessee shall pay to the lessor from time to time any costs, charges, or expenses,
incurred by the lessor in connection with any works or undertaking of the lessor to
the extent to which the same shall be necessarily incurred by the entering into of this
Y entering
lease.
{j} The lessee shall not be entitled to construct fences nor to have heavy landscaping
p g
such as rock gardens, retaining walls, fountains, massive plantings of shrubs or trees
or similar items.
10. (1) Where this agreement requires notice to be delivered by one party to the other, such
notice shall be in writing and delivered either personally, by e -mail, by fax or b
Y by
prepaid ordinary first class post, by the party wishing to give such notice, to the other
party at the address noted below.
(2) Such notice shall be deemed to have been given:
(a) in the case of personal delivery, on the date of delivery;
(b) in the case of e -mail or fax, on the date of transmission provided it is received
before 4:30 p.m. on a day that is not a holiday, as defined in the
Interpretation Act, failing which it shall be deemed to have been received the
next day, provided the next day is not a holiday; and
to the City at:
(c) in the case of ordinary post, on the third day, which is not a holiday,
following posting.
11. Notice shall be given, to the lessee at:
Mr. Frederick Taylor
7409 Trinity Court
Niagara Falls, Ontario
L2H 3E6
Tel: (905) 356 -2500
Fax: (905)
The Corporation of the City of Niagara Falls
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Attention: Property Manager
Telephone No: 905- 356 -7521
Fax No: 905- 371 -2892
5
or such other address as the parties shall specify in writing. It shall be the obligation of the
lessee to advise the lessor, in writing, of any change in address. Otherwise, the lessee shall
be deemed to have received all notices when sent to the address set out above or to the latest
address change on file with the lessor.
12. This agreement shall extend to, be binding upon and enure to the benefit of the parties hereto
1
1
Witness
and their respective heirs, administrators, successors and assigns.
IN WITNESS WHEREOF the party of the first part has set his/her hand(s) and the party of the
second part has hereunto affixed its corporate seal duly attested by the hands of the proper signing
officers in that behalf and the said signing officers certify that they have authority to bind their
corporation
i
Name: De Io da
Title: City Clerk
Name: Frederick Taylor
Name: Wayne Thomson
Title: Mayor
THE CORPORATION OF THE
CITY OF NIAGARA F
t)
N
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J :4)
1
r
0 0
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5LLA ND
73T{ 1 D CE Vet
•r
A T Lr7?
OD
M••
ATTACHMENT "2
BETWEEN:
THIS LEASE AMENDMENT AGREEMENT made this 1S day of August, 2002.
FREDERICK TAYLOR and MARY TAYLOR,
Hereinafter referred to as the "Lessee"
and
THE CORPORATION OF THE CITY OF
NIAGARA FALLS,
Hereinafter referred to as the `Lessor"
OF THE FIRST PART;
OF THE SECOND PART.
WHEREAS this Agreement is supplemental to a Lease (the "Lease dated the 22n
day of January, 2002, granted by the Lessor to the Lessee of the lands and premises as described in
the Lease, for a term of Forty (40) years commencing the 1st day of February, 2002;
AND WHEREAS the parties intend to vary certain provisions of the Lease in the
manner set out below.
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration
of the mutual covenants, conditions and agreements herein contained, the parties agree as follows:
1. The provisions of the Lease are amended as of the 1st day of August, u st 2002 in the
following manner:
(a) Paragraph 3. of the Lease is deleted and replaced as follows:
Subject to paragraph 4, yielding and paying therefor during the said term unto
the Lessor the sum of Four Hundred and Twenty 07 /100 Dollars ($420.07)
annually to be paid in advance on the first day of February in each and every
year.
0
2
2. The Lease, as amended, shall continue in full force and the covenants,
ants, conditions and
i
provisions contained in the Lease, in all other respects, are confirmed.
IN WITNESS WHEREOF the Lessee hereto has hereunto set their hands and
seals
and the Lessor hereto has hereunto affixed its corporate seal, duly attested by the
Y y hands of its proper
signing officers and the said signing officers certify that they have authority to bind
y the Corporation,
all on the day and year first above written.
SIGNED, SEALED AND DELIVERED
in the presence of
Frede ick Taylor
Mary
Dean Ior da, C ERK
Per:
THE CORPORATION OF THE CITY
OF NIAGARA FALLS
Wayne Thomson MA' OR
July. 9, 2007
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RECOMMENDATION:
BACKGROUND:
Niagara,Falls
Working Together to Serve Our Community
PD- 2007 -50
Re: PD- 2007 -50
Application for a Commercial Building and Facade. Grant CB &FIG-
02/2007
within the Historical Drummondville CIP for 5689 Main Street 2068985
Ontario
Inc.)
1. That City Council approve the application for a Commercial Building and Facade
Improvement Grant in the amount of $20,000 subject to the applicant satisf satisfying y g the
program requirements forthe Historic Drummondville Community Improvement Plan
including the entering into an agreement with the City.
Y
2. That the Mayor and Clerk be authorized to execute the grant agreement i
g g ent which is
attached to this report as Appendix 11.
An application has been received for the property at 5689 Main Street for
Y a Commercial
Building and Facade Improvement Grant. The building currently contains two g y o offices (law
and accountant offices) and two residential apartments. The owners wish to
carry out a
number of improvements to both the facade and structure of the building. The
g extent of
work that is eligible under the City's Grant program includes a new roof, replacement i
p acement of
windows and doors, and repairing the exterior stucco. The extent of improvements p menu for the
exterior of the building will be in excess of $50,000. The owner also lans to
p carry out
$20,000 of improvements to the interior of the building which has s been damaged by the
leaking roof. A plan showing the location of the ro ert.� is highlighted in
p p Y Appendix 1.
As part of the grant approval process, the applicant will be required to into q o enter into an
agreement with the City. The agreement specifies the details for the grant which will
g be
provided following the work being completed and inspected b y City staff. The agreement
p Y y g Bement
is attached as Appendix 11 to this report.
reef, P0. ox '1 023, Nla
�c�c S, �s i ,2:
ara Fails, ON, Canada L2E 6X5 ;905- 356 -7521 www.niagarafalls.ca
Community Services Department
Planning Development
July 9, 2007 2 PD- 2007 -50
CONCLUSION:
The improvements proposed for the subject property along Main Street will improve the
general appearance of the mixed use building and have a positive impact on the overall
improvements within the Historic Drummondville Area. Based upon the above, staff is
recommending approval of the grant application.
Recommended by:
Approved by:
Respectfully submitted:
BBolibruck:tc
Attachments
S:1PDR120071PD- 2007 -50, CIP Application 5689 Main Street.wpd
Doug Darbyson, Director of Planning Development
Ed Dujlovic, Executi Dire
C omm
Community Services
m
Joh acDonald, Chief Administrahye- Officer
1
1:::3 Historic Drummondville CIP
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Historic Drummondville Commercial Building and Facade Improvement
Grant Agreement
BETWEEN:
THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as the "City")
tY)
and
2068985 ONTARIO INC. (hereinafter referred to as the "Applicant
WHEREAS the Applicant is the registered Owner of, or operates a business on, lands described in
Schedule "A" attached to this Agreement "the subject lands which are situated within the Historic
Drummondville Community Improvement Project Area, and the Applicant has applied to the City for
tY
a Commercial Building and Facade Improvement Grant "Grant under the City's Commercial Building
and Facade Improvement Grant Program "Program and the City has agreed to make such a Grant
pursuant to Section 28 of the Planning Act and under By -Law No. 2006 -227;
AND WHEREAS as a condition of approval of such a Grant, the Applicant is required by the City to
enter into this Agreement;
NOW THEREFORE IN CONSIDERATION of the City making this Grant in the maximum
amount of $20,000.00 to the Applicant, the Applicant and the City hereby agree:
1. INFORMATION ON SUBJECT LANDS
APPENDIX 1
1.1 The Grant shall apply to the subject lands as set out in Schedule A attached.
1.2 The subject lands are /are not designated under the Ontario Heritage Act.
2. GRANT ELIGIBILITY
2.1 To be eligible for the Grant, the works on the subject land shall conform to and fulfill:
a) the objectives and Program requirements of the Commercial Building and Facade
Improvement Grant Program and the Historic Drummondville Community
Improvement Plan "CIP
b) City policies and procedures for the Identification Remediation of Potentially
Contaminated Sites under the Planning Act Application Review Process; and,
c) any other requirements as specified by the City.
2.2 The Applicant acknowledges that it has received and read a copy of the City's
Commercial Building and Facade Improvement Grant Program Guide (the "Guide and
1
the City's Historic Drummondville CIP, and the Applicant covenants with the City that
the subject lands shall be restored/improved and the Grant provided for in this
Agreement shall be applied in accordance with the City's objectives, policies olicies and
program requirements set out in the Guide and the City's Historic Drummondville CIP.
2.3 The City shall review all cost estimates submitted in support of the Application in
evaluating the estimated rehabilitation costs eligible for the Grant, which costs, when
designated by the City shall constitute the maximum amount of the total grant to be paid.
In the event the City is not satisfied with said cost estimates, the City may substitute their
opinion of such amounts for purposes of calculating the eligible rehabilitation costs for
the Grant. If the City is not in receipt of sufficient information satisfactory to the City to
determine rehabilitation costs and the amount of the Grant, the application will not be
processed and the application file will be closed. The decision of the City regardin.. the
regarding
total amount of rehabilitation costs, the calculation of the total estimated maximum Grant
and the calculation of the actual Grant payments is final, absolute and within the City's
tY
sole discretion.
2.4 The City agrees to provide a Grant to the Applicant estimated as of the date of this
agreement in the amount of $20,000.00.
2.5 The Grant will not be advanced by the City until:
a) a Grant agreement has been signed and executed;
b) the Applicant provides proof that the building maintenance and facade
improvement works are complete, includin. a final colour photograph(s)
g of the
property and building clearly showing the completed works; and,
c) the building facade and/or building improvements have been inspected b
p by
municipal staff.
3. CORPORATE STATUS
3.1 The Applicant represents to the City that:
a) the Applicant has been duly incorporated as a corporation and is in good standing
under the Business Corporations Act and is in compliance with all laws that may
affect it and will remain so throughout the term of this Agreement;
the Applicant has the corporate capacity to enter into this Agreement and to
perform and meet any and all duties, liabilities and obligations as may be required
of it under this Agreement;
c) to the best of their knowledge, there are no actions, suits or proceedings pending
p g
or threatened against or adversely affecting the Applicant in any court or before
or by any federal, provincial, municipal or other governmental department,
p
commission, board, bureau or agency, Canadian or foreign, which might
materially affect the financial condition of the Applicant or title to their property
or assets;
d) the Applicant shall notify the City immediately of any material change in the
g
conditions set out in paragraphs (a) -(c) above.
2
4. PROVISIONS RELATING TO THE APPLICANT
4.1 At the time of application for the Program, the Applicant shall have submitted to the City
for its review and acceptance a colour photograph of the existing facade, architectural
drawing /design plans for the facade restoration/improvement and any other supporting
ortin
p g
documentation required by the City.
4.2 The Applicant will complete all eligible works as specified in the approved Grant
in Pp
application, and in documentation submitted in support of the Grant application,
including pp
ncluding but not limited to the architectural /design drawings, specifications, contracts,
and cost estimates. As the City is relying upon this information, if the information in this
Agreement, the associated application, and /or any supporting documentation submitted
to the City is, in the opinion of the City, incomplete, false, inaccurate or misleadin g, the
Grant may be reduced and/or delayed, and/or cancelled, and where part or all of the Grant
has already been paid by the City, such payments shall be repaid by the Applicant as
required by the City.
4.3 The Applicant shall not commence any works that are the subject of a Grant Application
pp
prior to receiving approval of the Grant Application, and approval and execution of this
Agreement.
4.4 The Applicant agrees that the rehabilitation works made to buildings shall be made in
compliance with all required Building Permits, and constructed in accordance with the
Ontario Building Code and all applicable zoning by-aw -aw re uirements municipal
g Y requirements, p
requirements and other approvals required at law.
4.5 The Applicant shall complete construction of all improvements within one (1) t hi Y ear of
Grant approval, failing which, unless extended by the City, this Grant approval shall be
at an end, there shall be no Grant, and this Agreement shall be terminated. The deadline
imposed by this paragraph shall not include delays that are outside the control of the
Applicant.
4.6 Upon completion ofthe project, the Applicant shalt provide the City with documentation
satisfactory to the City as to the amount of the actual costs of restoration/improvement
incurred by the Applicant.
4.7 The Applicant shall ensure there are no liens or other claims outstanding in respect ofthe
outstanding p
subject lands, and that all accounts for work and materials which could give rise to any
claim for a construction lien against the subject lands have been paid.
4.8 The Applicant shall ensure that the Applicant is in compliance with the Construction
Lien Act, including its holdback provisions and is not aware of any potential or
unresolved Lien claim in respect of the redevelopment.
4.9 The Applicant agrees to comply with all outstanding work orders and /or orders or
requests to comply from any and all City departments prior to or as a condition of Grant
approval.
3
4.10
4.11 The Applicant acknowledges that without limiting the generality of the other provisions
of this Agreement:
4.12
4.13
If the Applicant is the Owner, the Applicant covenants to the City that where the subject
Y
lands for any reason cease to be in the Applicant's name by sale, assignment or otherwise,
prior to the advance of part or all of the Grant, the Applicant will notify the City f5' tY in
writing of said pending ownership change at least 30 days prior to the ownership chang e
taking p g
ng place.
a) the onus and responsibility is upon the Applicant at all times to assume all costs
of facade restoration and improvement and building maintenance ante and
improvement and to apply for and obtain, at the Applicant's expense, all
approvals required from the City and all other agencies for said works, including
but not limited to all Official Plan Amendments, rezonin g bylaws, minor
Y
variances, and site plan approval;
nothing in this Agreement limits or fetters the City in exercising its statutory
g i"Y
jurisdiction under the Planning Act or under any other legislative authority or
i
by -law and that in the event the City decides to deny or oppose or appeal eal an
pp pp any
such decision, that such action by the City is not in any manner limited by y reason
of
the City entering into this Agreement;
c) the Applicant releases the City from any liability in respect of the City's reviews,
decisions, inspections or absence of inspections regarding the facade
g g e
restoration/improvement works and the Applicant agrees that it is its
responsibility at all times to prepare and implement its works;
nothing in this Agreement is intended to impose or shall impose ose u pon the City
p tY
any duty or obligation to inspect or examine the land for compliance or
non compliance or to provide an opinion or view respecting any condition of
development; and,
e) nothing in this Agreement is intended to be or shall be construed to be a
representation by the City regarding compliance of the land with: (1) applicable
pp
environmental laws, regulations, policies, standards, permits or approvals, or, (2)
other by -laws and policies of the City.
If the City determines in its sole discretion that any of the conditions of this Agreement
are not fulfilled, the City may at its sole discretion cease or delay payment of the Grant,
Y
and the Applicant agrees that notwithstanding any costs or expenses incurred b y the
p y
Applicant, the Applicant shall not have any claim for compensation or reimbursement
of these costs and expenses against the City, and that the City is not liable to the
Applicant for losses, damages, interest, or claims which the Applicant may bear as a
pp Y
result of the lapse of time (if any) where the City is exercising its rights herein to either
g ri gg
delay a Grant payment pending compliance with this Agreement, or to terminate this
s
Agreement.
The Applicant shall indemnify and save harmless from time to time and at all times, the
City and its officers, employees, councillors, and agents from and against all claims,
g
actions, causes of action, interest, demands, costs, charges, damages, expenses and loss
made arising p
e by any person arising directly or indirectly from:
4
(a) the City entering into this Agreement; and
(b) any failure by the Applicant to fulfil its obligations under this Agreement. This
indemnification shall, in respect of any matter arising prior to the termination of
this Agreement, remain in force following termination or expiry of this
Agreement.
5. PROVISIONS RELATING TO THE CITY
5.1 The City agrees to provide a Grant to the Applicant estimated as of the date of this
agreement in the amount of $20,000.00, subject to and in accordance with the terms and
provisions set out in this Agreement.
5.2 The City reserves the right to require a third party review or independent audit, at the
Applicant's expense, of all documentation submitted in support of the Application or
pp pp
during the administration of the Grant.
5.3 The City, its employees and agents are entitled to inspect the subject lands and all
fixtures and improvements upon the subject lands at any time during usual business
hours for the purpose of ascertaining their condition or state of repair or for the purpose
of verifying compliance with the provisions of this Agreement.
5.4 The City retains the right at all times not to make any or all of Grant payments or to delay
payment where the City deems that there is non compliance by the Applicant with this
Agreement.
5.5 Except where expressly stated in this Agreement, all conditions in this Agreement are for
the benefit of the City and may only be waived by the City. No waiver is effective unless
in writing.
6. DEFAULT AND REMEDIES
6.1 The Applicant agrees to maintain in good repair the improvements for which the Grant
is provided. In the event that the Applicant does not maintain in good repair said
g p
improvements, the City may:
a) serve on the Applicant a written Notice to Repair detailing the particulars of the
failure to maintain and the particulars of needed repairs; and,
b) provide the Applicant with at least 30 days to make such repairs.
6.2 On the occurrence of Default under this Agreement, the City shall be entitled to its
remedies to enforce this Agreement, including, but not limited to:
a) delaying or ceasing the release of the Grant;
b) requiring repayment of the Grant; and/or
c) terminating this Agreement.
5
6.3 Default shall be deemed to occur upon any default of the Applicant in complying
pp with
the terms set out in this Agreement, including, but not limited to, the following:
g
a) the as constructed works do not comply with the description tion of the works as
provided in the Application Form and Required Documents;
b) the works are not undertaken in conformity with the Ontario Building Code
g and
all applicable zoning requirements and planning approvals;
c) the building is damaged by fire or otherwise, and repair or reconstruction
p i s not
commenced with 90 days;
d) the Applicant is in property tax arrears with respect to the property for more than
an
90 days;
e) any representation or warranty made by the Applicant is incorrect in any material
aerial
respect;
f} failure to perform or comply with any of the obligations contained i
g in this
Agreement or contained in any other Agreement entered into between the
Applicant and the City;
g) the Applicant makes an assignment for the benefit
g t of creditors, or assigns in
bankruptcy or takes the advantage in respect of their own affairs of any statute for
relief in bankruptcy, moratorium, settlement with creditors, or similar relief of
bankrupt or insolvent debtors, or if a receiving order is made against the
Applicant, or if the Applicant is adjudged bankrupt or insolvent, or if a liquidator
or receiver is appointed by reason of any actual or alleged insolvency, any
Y
default of the Applicant under any mortgage or other obligation, or if the subject
lands or interest of the Applicant in the subject lands becomes liable to be taken
or sold by any creditors or under any writ of execution or other like p rocess
h) construction ceases for a period of 60 days due to the Applicant's default
pp (s trikes
and Acts of God excepted) and/or the Applicant abandons the property or ro' project;
i) p J
if this Agreement is forfeited or is terminated b any other provision contained
Y p ned
in it.
6.4 The City may at its sole discretion, provide the Owner with an opportunity to remedy any
default.
7. ADDITIONAL PROVISIONS
7.1 The approved architectural /design drawings referred to may be amended by the Applicant
y pplicant
and the City from time to time, as they may agree.
7.2 Time shall be of the essence with respect to all covenants, Agreements g and matters
contained in this Agreement.
7.3 Schedule "A" attached to this Agreement reement forms
g part of this Agreement.
8. NOTICES
8.1 Where this Agreement requires notice to be delivered ered by one party to the other, such
notice shall be in writing and delivered either personally, by e-mail, by fax or by prepaid
Y Y Y Yp p
6
registered first class post, by party wishing to give such notice, to the other party at the
address noted below:
Such notice shall be deemed to have been given:
a) in the case of personal delivery, on the date of delivery;
b) in the case of e -mail or fax, on the date of transmission provided it is received
before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation
Act, failing which it shall be deemed to have been received the next day, provided
the next day is not a holiday; and,
c) in the case of registered post, on the third day, which is not a holiday, following
posting.
Notice shall be given:
To the Applicant at:
11 Calderbridge Crescent
Markham, ON L3R 9M9
Telephone No: 905 -576 -3070
Fax No: 905- 305 -6403
E -mail: sorinlo @rogers.com
To the City at:
City of Niagara Falls
City Hall
Planning Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
Attention: Community Improvement Program Coordinator
Telephone No: 905 -356 -7521, ext. 4298
Fax No: 905 -356 -2354
E -mail: bbolibruck @niagarafalls.ca
7
IN WITNESS WHEREOF the parties hereto have hereunto affixed his hand and corporate seal duly
y
witnessed and attested by the hands of the proper signing officers in that behalf and the said signing
i g g
officers certify fy that they have authority to bind their corporation.
SIGNED, SEALED AND DELIVERED
In the presence of
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
R.T. (TED) SALCI, MAYOR
DEAN IORFIDA, CITY CLERK
BUSINESS NAME: 2068985 ONTARIO INC.
Name: OPHIRA HASCALOVITZ
Name: ISRAEL HASCALOVITZ
8
SCHEDULE "A"
of a Grant Agreement between the City and the Applicant named in this Agreement.
Legal Description of land
Plan 653, Part Block West Side Portage 03 Road
or Main Street Abstracted as Block 11
9
July 9, 2007 PD- 2007 -51
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
NiagaraMls
Re: PD- 2007 -51
Application for a Commercial Building and Facade Improvement p Grant
CB &FIG- 03/2007 within Historic Drummondville CIP for 6161 Main Street
treet
(Sardjito and Tetrault)
RECOMMENDATION:
1. That City Council approve the application for a Commercial Building nd Facade
acade
Improvement Grant in the amount of $13,886.50 subject to the applicant satisfying
pp yang
the program requirements for the Historic Drummondville Community Improvement
roveme
y p nt
including ncluding the entering into an agreement with the City.
Y
2. That the Mayor and Clerk be authorized to execute the rant agreement which i
g g hich as
attached to this report as Appendix 11.
BACKGROUND:
An application has been received for the property at 6161 Main Street for a Commercial
ercial
Building and Facade Improvement Grant. The building s currently being renovated y g ed as a
bed and breakfast operation. The property was subject to a by-law amendment to permit
Y o permit
a tourist home. The owners wish to carry out certain improvements to both the facade
p and
structure of the building. The extent of work that is eligible under the City's Grant program g Y
includes a new roof, repair of front column pillars and porch decking, replacement
p g, p cement
and erection of a new business sign. The total cost of improvements to be carried
p d out is
approximately $30,000 while the total eligible grant for the facade and building
improvements is $13,886.50. A plan showing the location of the property is highlighted
p p y ghl�ghted rn
Appendix!.
The property is a listed site within the City's Register of Heritage Properties. It was
g g p as built
in the Queen Anne revival style. A bay window of the second floor extends to form a third rd
floor tower with a bell- shaped roof. There is a wrap around porch with columns pillars p p ns pi with
intricate scroll work. The res #tIon and operation of the home as a bed and breakfast i
desirable use of the la
fµt s
905 -356 -7521 www.niagarafallsc
Working Together to Serve Our Community
u
reef P0 Box 1023 Niagara Fa(Is, Q Canada L2E 5X5
Community Services Department
Planning Development
July 9, 2007 2 PD- 2007 -51
In addition to the Commercial Building and Facade Grant Program, the applicant will
g also
be eligible for an exemption of 75% of the required Regional and City Development
g City p ent
Charge.
The applicant will be required to enter into an agreement with the City. The agreement
Y g t
specifies the details of the grant which is provided after the work has been completed and
d
inspected by City staff. The agreement is attached to this report as Appendix 11.
CONCLUSION:
The improvements proposed for this historical home are eligible for a Commercial Building
and Facade Grant. The work will preserve and enhance the existing building and have
g g a
positive impact on the over all improvements within the Historical Drummondville Area.
Based upon the above, staff is recommending approval of the pp
rant application.
g
Recommended by:
Approved by:
Respectfully submitted:
BBolibruck:tc
Attachments
S:1PDR120071PD- 2007 -51, CIP Application 6161 Main Street.wpd
Doug Darbyson, Director of Planning Development
Ed Dujlovic, Executive Direc
az-
Community Services
John cDonald, Chief Administrative Officer
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Historic Drummondville Commercial Building and Facade Improvement
Grant Agreement
APPENDIX 11
BETWEEN:
THE CORPORATION OF THE CITY OF NIAGARA FALLS (hereinafter referred to as the "City")
ty
and
DAVID TETRAULT
and
DODDY SARDJITO (hereinafter referred to as the "Applicant
WHEREAS the Applicant is the registered Owner of, or operates a business on, lands described in
Schedule "A" attached to this Agreement "the subject lands which are situated within the Historic
Drummondville Community Improvement Project Area, and the Applicant has applied to the City for
a Commercial Building and Facade Improvement Grant "Grant under the City's Commercial Building
and Facade Improvement Grant Program "Program and the City has agreed to make such a Grant
pursuant to Section 28 of the Planning Act and under By -Law No. 2006 -227;
AND WHEREAS as a condition of approval of such a Grant, the Applicant is required by the City to
enter into this Agreement;
NOW THEREFORE IN CONSIDERATION of the City making this Grant in the maximum
amount of $13,886.50 to the Applicant, the Applicant and the City hereby agree:
1. INFORMATION ON SUBJECT LANDS
1.1 The Grant shall apply to the subject lands as set out in Schedule A attached.
1.2 The subject lands are /are not designated under the Ontario Heritage Act.
2. GRANT ELIGIBILITY
2.1 To be eligible for the Grant, the works on the subject land shall conform to and fulfill:
a) the objectives and Program requirements of the Commercial Building and Facade
Improvement Grant Program and the Historic Drummondville Community
Improvement Plan ("CIP");
b) City policies and procedures for the Identification Remediation of Potentially
Contaminated Sites under the Planning Act Application Review Process; and,
c) any other requirements as specified by the City.
ty.
1
2.2 The Applicant acknowledges that it has received and read a copy of the City's
py ty s
Commercial Building and Facade Improvement Grant Program Guide (the "Guide") and
the City's Historic Drummondville CIP, and the Applicant covenants with the City that
the subject lands shall be restored/improved and the Grant rovided for in this
s
Agreement shall be applied in accordance with the City's objectives, policies and
program requirements set out in the Guide and the City's Historic Drummondville CIP.
2.3 The City shall review all cost estimates submitted in support of the Application pp pp on in
evaluating the estimated rehabilitation costs eligible for the Grant, which costs, when
hen
designated by the City shall constitute the maximum amount of the total rant to be paid.
e paid.
In the event the City is not satisfied with said cost estimates, the City ma. substitut.
ty y substitute their
opinion of such amounts for purposes of calculating the eligible rehabilitation costs
for
the Grant. If the City is not in receipt of sufficient information satisfactory to the
ry City to
determine rehabilitation costs and the amount of the Grant, the application will not of be
processed and the application file will be closed. The decision of the City regarding the
total amount of rehabilitation costs, the calculation of the total estimated maximum Grant nt
and
the calculation of the actual Grant payments is final, absolute and within the City's
sole discretion.
2.4 The City agrees to provide a Grant to the Applicant estimated as of the date of this
agreement in the amount of 13,886.50.
2.5 The Grant will not be advanced by the City until:
a) a Grant agreement has been signed and executed;
b) the Applicant provides proof that the building maintenance and facade
improvement works are complete, including a final colour photograph(s) of the
property and building clearly showing the completed works; and,
c) the building facade and/or building improvements have been inspected by
municipal staff.
3. CORPORATE STATUS
3.1 The Applicant represents to the City that:
a) the Applicant has been duly incorporated as a corporation and is in good standing
g g
under the Business Corporations Act and is in compliance with all laws that may
affect it and will remain so throughout the term of this Agreement;
b) the Applicant has the corporate capacity to enter into this Agreement and d to
perform and meet any and all duties, liabilities and obligations as may be required
of i y q
t under this Agreement;
c) to the best of their knowledge, there are no actions, suits or proceedings endin
pending
or threatened against or adversely affecting the Applicant in any court or before
any
or by any federal, provincial, municipal or other governmental department,
g p
commission, board, bureau or agency, Canadian or foreign, which might
materially affect the financial condition of the Applicant or title to their ro e
or assets;
p p
2
d) the Applicant shall notify the City immediately of any material change in the
conditions set out in paragraphs (a) -(c) above.
4. PROVISIONS RELATING TO THE APPLICANT
4.1 At the time of application for the Program, the Applicant shall have submitted to the City
for its review and acceptance a colour photograph of the existing facade, architectural
drawing /design plans for the facade restoration/improvement and any other supporting
pp g
documentation required by the City.
4.2 The Applicant will complete all eligible works as specified in the approved Grant
in pp
application, and n documentation submitted in support of the Grant application,
lication
including but not limited to the architectural /design drawings, specifications, contracts,
and cost estimates. As the City is relying upon this information, if the information in this
Agreement, the associated application, and/or any supporting documentation submitted
to the City is, in the opinion of the City, incomplete, false, inaccurate or misleading, the
Grant may be reduced and/or delayed, and/or cancelled, and where part or all of the Grant
has already been paid by the City, such payments shall be repaid by the Applicant as
required by the City.
4.3 The Applicant shall not commence any works that are the subject of a Grant Application
pp
prior to receiving approval of the Grant Application, and approval and execution of this
Agreement.
4.4 The Applicant agrees that the rehabilitation works made to buildings shall be made in
compliance with all required Building Permits, and constructed in accordance with the
Ontario Building Code and all applicable zoning by -aw requirements, municipal
requirements and other approvals required at law.
4.5 The Applicant shall complete construction of all improvements within one
(1) y ear of
Grant approval, failing which, unless extended by the City, this Grant approval shall be
at an end, there shall be no Grant, and this Agreement shall be terminated. The deadline
imposed by this paragraph shall not include delays that are outside the control of the
Applicant.
4.6 Upon completion of the project, the Applicant shall provide the City with documentation
satisfactory to the City as to the amount of the actual costs of restoration/improvement
incurred by the Applicant.
4.7 The Applicant shall ensure there are no liens or other claims outstanding in respect ect of the
g p
subject lands, and that all accounts for work and materials which could give rise to any
claim for a construction lien against the subject lands have been paid.
4.8 The Applicant shall ensure that the Applicant is in compliance with the Construction
Lien Act, including its holdback provisions and is not aware of any potential or
unresolved Lien claim in respect of the redevelopment.
3
4.9 The Applicant agrees to comply with all outstanding work orders and /or orders
g or
requests to comply from any and all City departments prior to or as a condition of Grant
approval.
4.10
4.11
4.12
If the Applicant is the Owner, the Applicant covenants to the City that where the subject
tY J t
lands for any reason cease to be in the Applicant's name by sale, assignment or otherwise,
g se,
prior to the advance of part or all of the Grant, the Applicant will notify the City pp fy yin
writing of said pending ownership change at least 30 days prior to the ownershi p change
taking place.
The Applicant acknowledges that without limiting the generality of the other provisions
tY p isions
of this Agreement:
a) the onus and responsibility is upon the Applicant at all times to assume all
costs
of facade restoration and improvement and building maintenance and
improvement and to apply for and obtain, at the Applicant's expense, all
approvals required from the City and all other agencies for said works, including
but not limited to all Official Plan Amendments, rezonin g bylaws, y laws minor
variances, and site plan approval;
nothing in this Agreement limits or fetters the City in exercising its statutory
ry
jurisdiction under the Planning Act or under any other legislative authority rY or
by -law and that in the event the City decides to deny or oppose or appeal any
pp pp y
such decision, that such action by the City is not in any manner limited by reason
of the City entering into this Agreement;
c) the Applicant releases the City from any liability in respect of the City's reviews,
decisions, inspections or absence of inspections regarding the facade
g g S
restoration/improvement works and the Applicant agrees that it is its
responsibility at all times to prepare and implement its works;
d) nothing in this Agreement is intended to impose or shall impose upon the City
p p tY
any duty or obligation to in spect or examine the land for compliance or
non compliance or to provide an opinion or view respecting g any condition of
development; and,
Y
nothing in this Agreement is intended to be or shall be construed to be a
representation by the City regarding compliance of the land with: 1 applicable
environmental laws, regulations, policies, standards, permits or approvals, or, (2)
other by -laws and policies of the City.
If the City determines in its sole discretion that any of the conditions of this Agreement
ree
g ment
are not fulfilled, the City may at its sole discretion cease or delay payment of the Grant,
and the Applicant agrees that notwithstanding any costs or expenses incurred by the
p y
Applicant, the Applicant shall not have any claim for compensation or reimbursement
of these costs and expenses against the City, and that the City is not liable to the
Applicant for losses, damages, interest, or claims which the Applicant may bear as a
pp y
result of the lapse of time (if any) where the City is exercisin g rights hts herein to either
g
delay a Grant payment pending compliance with this Agreement, or to terminate this
s
Agreement.
4
4.13
The Applicant shall indemnify and save harmless from time to time and at all times, the
City and its officers, employees, councillors, and agents from and against all claims,
actions, causes of action, interest, demands, costs, charges, damages, expenses and loss
made by any person arising directly or indirectly from:
(a) the City entering into this Agreement; and
(b) any failure by the Applicant to fulfil its obligations under this Agreement. This
indemnification shall, in respect of any matter arising prior to the termination of
this Agreement, remain in force following termination or expiry of this
Agreement.
5. PROVISIONS RELATING TO THE CITY
5.1 The City agrees to provide a Grant to the Applicant estimated as of the date of this
agreement in the amount of $13,886.50, subject to and in accordance with the terms and
provisions set out in this Agreement.
5.2 The City reserves the right to require a third party review or independent audit, at the
Applicant's expense, of all documentation submitted in support of the Application or
pp pp
during the administration of the Grant.
5.3 The City, its employees and agents are entitled to inspect the subject lands and all
fixtures and improvements upon the subject lands at any time during usual business
hours for the purpose of ascertaining their condition or state of repair or for the purpose
of verifying compliance with the provisions of this Agreement.
5.4 The City retains the right at all times not to make any or all of Grant payments or to delay
payment where the City deems that there is non compliance by the Applicant with this
Agreement.
5.5 Except where expressly stated in this Agreement, all conditions in this Agreement are for
the benefit of the City and may only be waived by the City. No waiver is effective unless
in writing.
6. DEFAULT AND REMEDIES
6.1 The Applicant agrees to maintain in good repair the improvements for which the Grant
is provided. In the event that the Applicant does not maintain in good repair said
improvements, the City may:
a) serve on the Applicant a written Notice to Repair detailing the particulars of the
failure to maintain and the particulars of needed repairs; and,
b) provide the Applicant with at least 30 days to make such repairs.
6.2 On the occurrence of Default under this Agreement, the City shall be entitled to its
remedies to enforce this Agreement, including, but not limited to:
5
a) delaying or ceasing the release of the Grant;
b) requiring repayment of the Grant; and/or
c) terminating this Agreement.
6.3 Default shall be deemed to occur upon any default of the Applicant in complying with
the terms set out in this Agreement, including, but not limited to, the following:
g
a) the as constructed works do not comply with the description of the works as
provided in the Application Form and Required Documents;
b) the works are not undertaken in conformity with the Ontario Building Code and
Building
all applicable zoning requirements and planning approvals;
c) the building is damaged by fire or otherwise, and repair or reconstruction p ruction is not
commenced with 90 days;
d) the Applicant is in property tax arrears with respect to the property for more than
90 days;
e) any representation or warranty made by the Applicant is incorrect in any material
respect;
fj failure to perform or comply with any of the obligations contained in this
Agreement or contained in any other Agreement entered into between the
Applicant and the City;
g) the Applicant makes an assignment for the benefit of in creditors, or assigns in
g
bankruptcy or takes the advantage n respect of their own affairs of any statute for
relief in bankruptcy, moratorium, settlement with creditors, or similar relief of
bankrupt or insolvent debtors, or if a receiving order is made against ainst the
Applicant, or if the Applicant is adjudged bankrupt or insolvent, or if a liquidator
is q
or receiver s appointed by reason of any actual or alleged insolvency, or any
default of the Applicant under any mortgage or other obligation, or if the subject
lands or interest of the Applicant in the subject lands becomes liable to be taken
or sold by any creditors or under any writ of execution or other like p rocess
h) construction ceases for a period of 60 days due to the Applicant's default (strikes
and Acts of God excepted) and/or the Applicant abandons the property or project;
p J
i) if this Agreement is forfeited or is terminated by any other provision contained
in p
in it.
6.4 The City may at its sole discretion, provide the Owner with an opportunity to remed any
remedy
default.
7. ADDITIONAL PROVISIONS
7.1 The approved architectural /design drawings referred to may be amended by the Applicant
Y pp
and the City from time to time, as they may agree.
7.2 Time shall be of the essence with respect to all covenants, Agreements and matters
g
contained in this Agreement.
7.3 Schedule "A" attached to this Agreement forms part of this Agreement.
8. NOTICES
8.1 Where this Agreement requires notice to be delivered by one party to the other, such
notice shall be in writing and delivered either personally, by e-mail, b yfax or prepaid
Y Y Y Yp p
registered first class post, by party wishing to give such notice, to the other party at the
address noted below:
Such notice shall be deemed to have been given:
a) in the case of personal delivery, on the date of delivery;
b) in the case of e -mail or fax, on the date of transmission provided it is received
before 4:30 p.m. on a day that is not a holiday, as defined in the Interpretation
Act, failing which it shall be deemed to have been received the next day, provided
the next day is not a holiday; and,
c) in the case of registered post, on the third day, which is not a holiday, following
posting.
Notice shall be given:
To the Applicant at:
4300 Simcoe Street
Niagara Falls, ON L2E 1T6
Telephone No: 905 -353 -8522
Fax No: n/a
E -mail: niagbnb @mergetel.com
To the City at:
City of Niagara Falls
City Hall
Planning Development
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
Attention: Community Improvement Program Coordinator
Telephone No: 905 -356 -7521, ext. 4298
Fax No: 905 -356 -2354
E -mail: bbolibruck @niagarafalls.ca
7
IN WITNESS WHEREOF the parties hereto have hereunto affixed his hand and corporate seal duly
witnessed and attested by the hands of the proper signing officers in that behalf and the said signing
officers certify that they have authority to bind their corporation.
SIGNED, SEALED AND DELIVERED
In the presence of
THE CORPORATION OF THE
CITY OF NIAGARA FALLS
R.T. (TED) SALCI, MAYOR
DEAN IORFIDA, CITY CLERK
BUSINESS NAME (Printed in Full)
Name: DAVID TETRAULT
Title: OWNER
Name: DODDY SARDJITO
Title: OWNER
8
SCHEDULE "A"
of a Grant Agreement between the City and the Applicant named in this Agreement.
Legal Description of land
Plan NFC, Part Block 43, NKA 102
9
July 9, 2007 PD••2007 -52
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Niagarapalls
Re: PD- 2007 -52
Sidewalk Cafe Licence Agreement with the City
SWC- 09/2006, The Filling Station
5815 Victoria Avenue
RECOMMENDATION:
That the Mayor and City Clerk be authorized to execute a Sidewalk Cafe Licence
Agreement, on behalf of the City, with Vince Ferro to permit the operation of a sidewalk
cafe over a portion of City sidewalk in front of The Filling Station located at 5815 Victoria
Avenue.
BACKGROUND:
Vince Ferro has applied to the City to renew a sidewalk cafe licence agreement for in g ora
sidewalk cafe n front of The Filling Station located at 5815 Victoria Avenue. The sidewalk
cafe application has been satisfactorily reviewed by staff and is recommended for renewal.
The licensed area is approximately 18.95 square metres and is shown hatched on
Schedule 1. The licence fee for 2007 is $473.75. The term of the ro osed licence i
p p e is five
years and the sidewalk cafe will be required to operate in accordance with the City's
Sidewalk Cafe is review.
The y
Guidelines. The rental fee for the sidewalk cafe is currently under revi y
e fee will be adjusted annually to reflect the outcome of the review.
The Licencee will also be required to take out and keep in force a comprehensive
p p policy
of general liability and property damage insurance of not less than $2 to
himself and the City. cover
ox 1023, Niagara Fails, 0 'N, Canada L2E 6X5 905-356-7521 www.niaga
Working Together to Serve Our Community
Communi Services Department
epartment
Planning Development
July 9, 2007
At its discretion, the City may either terminate or modify the licensed area if the remainin
remaining
sidewalk proves to be insufficient to accommodate the flow of pedestrian in this high
g
volume area such that pedestrian safety could be compromised, or if the City requires the
lands for its or another agency's purpose. Each party must give 30 days written notice to
Y
terminate the licence.
Recommended by:
Approved by:
Respectfully submitted:
A. Dilwaria:gd
Attach.
2 PD-2007-52
*\*2Z
Doug Darbyson, Director of Planning Development
Ed Dujlovic, Execut i a Direct
MacDonald, Chief Admin str tive Officer
S:1PDR\20071PD- 2007 -52, SWC -09 -2006, Sidewalk Cafe License Agreement, The Filling Station.wpd
ommunity Services
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July 9, 2007 PD- 2007 -53
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RECOMMENDATION:
Niagararalls
Re: PD- 2007 -53
Sidewalk Cafe Licence Agreement with the City
SWC- 03/2007, Cheroz Restaurant (Former Big Anthony)
5677 Victoria Avenue
That the Mayor and City Clerk be authorized to execute a Sidewalk Cafe Licence
Agreement, on behalf of the City, with Humberto Varela to permit the operation of a
r
sidewalk cafe over a portion of City sidewalk in front of the Cheroz Restaurant located at
5677 Victoria Avenue.
BACKGROUND:
Humberto Varela has applied to the City for a sidewalk cafe licence agreement for a
r in g
sidewalk cafe n front of the Cheroz Restaurant located at 5677 Victoria Avenue. The
sidewalk cafe application has been satisfactorily reviewed by staff and 'r
Y Y is recommended
for approval.
The licensed area is approximately 23.56 square metres and is shown hatched on
Schedule 1. The licence fee for 2007 is $589.00. The term of the proposed licence is five
p p
years and the sidewalk cafe will be required to operate in accordance with the City's
r Y
Sidewalk Cafe Guidelines. The rental fee for the sidewalk cafe is currently under review.
The fee will be adjusted annually to reflect the outcome of the review.
The Licencee will also be required to take out and keep in force a comprehensive policy
p p Y
of general liability and property damage insurance of not less than $2,000 to cover
himself and the City.
10 ueen reet, 3. Box .1023; Nia ara Fails, ON Canada L2E 6X5
905 356 7521 www.niagarafalis.ca
Working Together to Serve Our Community
Community Services Department
Planning Development
July 9, 2007
Recommended by:
Approved by:
Respectfully submitted:
A. Dilwaria:gd
Attach.
2
Doug Darbyson, Director of Planning Development
PD- 2007 -53
At its discretion, the City may either terminate or modify the licensed area if the remaining
g
sidewalk proves to be insufficient to accommodate the flow of pedestrian in this high
volume area such that pedestrian safety could be compromised, or if the City requires the
lands for its or another agency's purpose. Each party must give 30 days written notice to
terminate the licence.
S:\PDR\20071PD- 2007 -53, SWC -03 -2007, Sidewalk Cafe License Agreement, Cheroz Restaurant.wpd
40
Ed Dujlovic, Executive erector oYC munity Services
d, Chief Administrative fJ cer
July 9, 2007
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Niagararalls
Re: PD- 2007 -54
Sidewalk Cafe Licence Agreement with the City
SWC- 04/2007, Applebee's Restaurant
5657 Victoria Avenue
RECOMMENDATION:
BACKGROUND:
PD-2007-54
That the Mayor and City Clerk be authorized to execute a Sidewalk Cafe Licence
Agreement, on behalf of the City, with Vince Kerrio to permit the operation of a sidewalk
p p
cafe over a portion of City sidewalk in front of the Applebee's Restaurant located at 5657
Victoria Avenue.
Vince Kerrio has applied to the City to renew a sidewalk cafe licence agreement g ement for a
sidewalk cafe in front of the Applebee's Restaurant located at 5657 Victoria Avenue. The
sidewalk cafe application has been satisfactorily reviewed by staff and is recommended
Y ecommended
for renewal.
The licensed area is approximately 56.65 square metres and is shown
hatched on
Schedule 1. The licence fee for 2007 is $1,416.25. The term of the proposed
p p sed licence is
five years and the sidewalk cafe will be required to operate in accordance with City's
with the Cfty s
Sidewalk Cafe Guidelines. The rental fee for the sidewalk cafe is currently
y under review.
The fee will be adjusted annually to reflect the outcome of the review.
The Licencee will also be required to take out and keep in force a comprehensive policy
p p ehensive policy
of general liability and property damage insurance of not less than $2,000,000.00 to cover
himself and the City.
:3 Niagara Falls, O, Canada L2E 6
Working Together to Serve Our Community
!Community Services Department
Planning Development
0 5 356 -752 www niagarafalls.ca
July 9, 2007 2 PD- 2007 -54
At its discretion, the City may either terminate or modify the licensed area if the remaining
sidewalk proves to be insufficient to accommodate the flow of pedestrian in this high
volume area such that pedestrian safety could be compromised, or if the City requires the
lands for its or another agency's purpose. Each party must give 30 days written notice to
terminate the licence.
Recommended by:
Approved by:
Respectfully submitted:
A. Dilwaria:gd
Attach.
Doug Darbyson, Director of Planning Development
Ed Dujlovic, Executive Dir
tor of ►o unity Services
John cDonald, Chief Administrative Offic
S:1PDR\20071PD- 2007 -54, SWC-04 -2007, Sidewalk Cafe License Agreement, Applebee's Restaurant.wpd
le
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RECEIVED
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PLANNING
DEVELOPMENT
....I.
July 9, 2007 PD- 2007 -55
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RECOMMENDATION:
BACKGROUND:
9X:4
Niagararalls
Re: PD- 2007 -55
Sidewalk Cafe Licence Agreement with the City
SWC- 05/2007, Remington's of Montana
5657 Victoria Avenue
That the Mayor and City Clerk be authorized to execute a Sidewalk Cafe Licence
Agreement, on behalf of the City, with Vince Kerrio to permit the operation of a sidewalk
cafe over a portion of City sidewalk in front of Remington's of Montana located at 5657
Victoria Avenue.
Vince Kerrio has applied to the City to renew a sidewalk cafe licence agreement for
in g a
sidewalk cafe n front of Remington's of Montana located at 5657 Victoria Avenue. The
sidewalk cafe application has been satisfactorily reviewed by staff and is recommended
for renewal.
The licensed area is approximately 27.05 square metres and is shown hatched on
Schedule 1. The licence fee for 2007 is $676.25. The term of the proposed licence i
p p is five
years and the sidewalk cafe will be required to operate in accordance with the City's
Sidewalk C y
afe Guidelines. The rental fee for the sidewalk cafe is currently under review.
The fee will be adjusted annually to reflect the outcome of the review.
The Licencee will also be required to take out and keep in force a comprehensive policy
c p p Y
of general liability and property damage insurance of not less than $2 to cover
himself and the City.
reef, x 02 Nia
ara Fails, ON, Canada L2E 6X5 905-356-7521 www.niagarafalls.ca
Working Together to Serve Our Community
Community Services Department
Planning Development
July 9, 2007
2
At its discretion, the City may either terminate or modify the licensed area if the remaining
sidewalk proves to be insufficient to accommodate the flow of pedestrian in this high
volume area such that pedestrian safety could be compromised, or if the City requires the
lands for its or another agency's purpose. Each party must give 30 days written notice to
terminate the licence.
Recommended by:
Approved by:
Respectfully submitted:
A. Dilwaria:gd
Attach.
Doug Darbyson, Director of Planning Development
Ed Dujlovic, Executive erector of C
MacDonald, Chief Administrative Officer
S: \PDR12007 \PD- 2007 -55, SWC -05 -2007, Sidewalk Cafe License Agreement, Remington's of Montana.wpd
unity Services
PD- 2007 -55
W
a
A
U
tt
July 9, 2007 PD- 2007 -56
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: PD- 2007 -56
Sidewalk Cafe Licence Agreement with the City
SWC- 06/2007, Pilgrim Motor Inn
5234 Ferry Street
RECOMMENDATION:
Niagarapalls
That the Mayor and City Clerk be authorized to execute a Sidewalk
k Cafe Licence
Agreement, on behalf of the City, with Luciano Dicenzo to permit the
p operation of a
sidewalk cafe over a portion of City sidewalk in front of the Pilgrim Motor
5234 Ferry Street.
g t r Inn Located at
BACKGROUND:
Luciano Dicenzohas applied to the City to renew a sidewalk cafe licence agreement for a
sidewalk cafe in front of the Pilgrim Motor Inn located at 5234 Ferry Street.
ry t eet. The sidewalk
cafe application has been satisfactorily reviewed by staff and is recommended ended for renewal.
The licensed area is approximately 13.77 square uare metr
Y q metres and is shown hatched on
Schedule 1. The licence fee for 2007 is $344.25. The term of the ro
p posed licence is five
years and the sidewalk cafe will be required to operate in accordance with
the City's
Sidewalk Cafe Guidelines. The rental fee for the sidewalk cafe is currently under review.
The fee will be adjusted annually to reflect the outcome of the review.
The Licencee will also be required to take out and
q d keep in force a comprehensive policy
of general Iiability and property damage insurance of not less than 2 0
00,000.00 to cover
himself and the City.
Jlagara Falls, ON, Canada
Working Together to Serve Our Community
Community Services Department
Planning Development
July 9, 2007
Recommended by:
Approved by:
Respectfully submitted:
A. Dilwaria:gd
Attach.
-2_
At its discretion, the City may either terminate or modify the licensed area if the remaining
g
sidewalk proves to be insufficient to accommodate the flow of pedestrian in this high
volume area such that pedestrian safety could be compromised, or if the City requires the
lands for its or another agency's purpose. Each party must give 30 days written notice to
terminate the licence.
Ed Dujlovic, Executive
Doug Darbyson, Director of Planning Development
S: \PDR\2007 \PD- 2007 -56, SWC -06 -2007, Sidewalk Cafe License Agreement, Pilgrim Motor Inn.wpd
ector o dmunity Services
PD- 2007 -56
John cDonald, Chief Administrative tfficer
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Mit It 06
S. PEYELOPMERT
July 9, 2007 MW- 2007 -74
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW- 2007 -74 Contract 2007- 183 -07
Kitchener Street Sewer Separation
MacDonald Avenue to Powell Avenue
RECOMMENDATION:
That the unit prices submitted by the lowest tenderer Peter's Excavating be accepted and;
g p
that approval be granted for the contract amount from the 2007 Capital Budget and; that
p g a
the Mayor and City Clerk be authorized to execute the necessary agreement.
g reement.
BACKGROUND:
Niagararalls
The Tender Opening Committee, in the presence of the City's Clerk, Mr. Dean lorfi
Y da,
opened tenders on Tuesday, June 26 2007 at 1:30 p.m. for the above noted contract.
Tender documents were picked up by seven (7) Contractors and six (6) ids were received.
ed.
Listed below is a summary of the totaled tendered vices, excluding GST, received from
g m
the Contractors.
1. Peters Excavating
2. Alfidome Construction
3. DeRose Bros.
4. Provincial Construction
5. Cotton Inc.
6. Circle P. Paving
1..2E 6X5 905-356-7521 www.niagarafalls.ca
23, Niagara Falls, ON, Cana
Fort Erie
Niagara Falls
Thoroid
Niagara Falls
Niagara Falls
Stevensville
127,683.00
131,844.00
134,862.20
136,11 5.66
145,969.00
174, 756.00
Working Together to Serve Our Community
Community Services DepartmE
Municipal Works
July 9, 2007 2 MW-2007-74
The lowest tender was received from Peter's Excavating in the amount of $127,683.00
This contractor has performed similar type projects throughout the Region. We are of the
opinion, that this contractor is capable of successfully undertaking this project.
The engineer's estimate for this contract was $.151,000.00
Project Costs:
Awarded Contract (excluding GST)
Funding:
Kitchener Street Separation Project
(Account No. 12- 3- 420023 030000) 127,683.00
Recommended by:
Approved by:
Respectfully submitted:
127,683.00
Total 127,683.00
Total 127,683.00
This project is scheduled to commence construction July 30, 2007 and all work is to carry
through up to the scheduled 20 working days.
Council's concurrence with the recommendation made would be appreciated.
Geoff Ho[ma Dir ctor of Municipal Works
E A Ed Dujlovic, Executive Director of Community Services
MacDonald, Chief Ad Thistrative 0
F. Tassone
S: \REPORTS \2007 Reports \MW 2007 -74- Contract 2007 183 -07 Kitchener Street Separation .wpd
Corporate Services Department
Clerk's Division
inter Department Memorandum
z:
i assy
NiagaraJ
TO: Mayor Ted Salci DATE: July 9, 2007
Members of Council
FROM: Dean Iorfida
City Clerk
Ext. 4271
RE Drainage Act By -law/ Reading of the By -laws
Council will note that the by -law related to the Drainage Act follows a slightly different format than
the other by -laws on tonight's agenda.
The practice in many municipalities, including ours, is to give the by -laws "three readings This
practice follows the passing of statutes at the Federal and Provincial level by three readings. As M.
Rick O'Connor points out in his book, Open Local Government 2, there is no general legislative
requirement that municipal by -laws be given three readings. It is a practice that this writer would
like to dispense with in the future, possibly after a new Procedural By -law has been done.
The one legislative instance where it is necessary for the by -law to be given three readings is a by-
law under the Drainage Act. In fact, the by -law on tonight's agenda will only be given "two
g y g
readings" and will be considered provisional. As report MW- 2007 -62 outlines, the passing of the
provisional by -law triggers the appeal process through the Court of Revision. Once all appeals have
been settled, the by -law will return to Council for a third and final reading.
Working Together to Serve Our Community
Clerks Finance Human Resources Information Systems Legal Planning Development
CITY OF NIAGARA FALLS
By -Law No. 2007
A by -law to provide for a drainage works in the City of Niagara Falls, in the Regional Municipality
of Niagara.
WHEREAS the Director of Public Works has petitioned the Council of the City of Niagara Falls,
in the Regional Municipality of Niagara in accordance with the provisions of the Drainage Act
requesting that the Union Marsh Drain be improved to ensure proper drainage for all roads with the
watershed.
AND WHEREAS the Council of the City ofNiagara Falls, in the Regional Municipality ofNiagara,
has procured a Report made by K. Smart Associates Limited dated January 30, 2006 and the report
is attached hereto and forms part of this By -law;
AND WHEREAS the estimated total cost of constructing the drainage works is $264,400.00;
AND WHEREAS $48,311.00 is the amount to be contributed by the municipality for construction
of the drainage works.
AND WHEREAS $13, 196.00 is being assessed in the City of Niagara Falls to the Regional
Municipality of Niagara.
AND WHEREAS Council is of the opinion that the drainage of the area is desirable
THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA
FALLS UNDER THE DRAINAGE ACT ENACTS AS FOLLOWS:
1. The report dated January 30, 2006 and attached hereto is hereby adopted and the drainage
works as therein indicated and set forth is hereby authorized and shall be completed in
accordance therewith;
2. (1) The Corporation of the city of Niagara Falls may borrow on the credit of the
Corporation, the amount of $264,400.00, being the amount necessary for construction
of the drainage works.
(2) The Corporation may arrange for the issue of debentures on its behalf for the amount
borrowed less the total amount of,
(a) grants received under section 85 of the Act;
(b) commuted payments made in respect of lands and roads assessed within the
municipality;
3. A special equal annual rate sufficient to redeem the principal and interest on the debentures
shall be levied upon the lands and roads as set forth in Schedule `A' attached to the aforesaid
Report, to be collected the same manner and at the same time as other taxes are collected in
each year for ten (10) years after the passing of this by -law.
4. For paying the amount of $48,311.00 being the amount assessed upon the lands and roads
belonging to or controlled the municipality, a special rate sufficient to pay the amount
assessed, plus interest thereon shall be levied upon the whole rateable property in the City
of Niagara Falls in each year for ten (10) years after the passing of this by -law to be collected
in the same manner and at the same time as other taxes are collected.
5. All assessments of $50.00 or less are payable in the first year in which the assessment is
imposed.
6. This by -law comes into force on the passing thereof and may be cited as the "Union Mash
Municipal Drain By- law
First Reading: July 9, 2007
Second Reading: July 9, 2007
Provisionally adopted this 9th day of July 2007.
Dean Iorfida, CITY CLERK R.T. Salci, MAYOR
Third Reading:
Enacted this
(c) money paid under subsection 61(3) of the Act, and
(d) money assessed in and payable by another municipality,
and such debentures shall be made payable within ten (10) years from the date of the
debenture and shall bear interest at a rate not higher than the rate charged by The Ontario
Municipal Improvement Corporation on the date of sale of such debentures.
day of 2007
Dean Iorfida, CITY CLERK R.T. Salci, MAYOR
A by -law to authorize the execution of an Offer to Purchase with Villarboit Development
Corporation, in trust for a company to be incorporated respecting the purchase of approximately 5.5
acres of land; in the City of Niagara Falls, in the Regional Municipality of Niagara.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. An Offer to Purchase dated June 4, 2007 and made between Villarboit Development
Corporation, in trust for a company to be incorporated, and The Corporation of the City of Niagara
Falls for approximately 5.5 acres of land located on the west side of Montrose Road; in the City of
Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set
out in the Offer to Purchase and an excerpt of the first page attached hereto, is hereby approved and
authorized.
2. The Mayor and Clerk are hereby authorized to execute the Offer to Purchase and all other
documents that may be required for the purpose of carrying out the intent of this by -law.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such
documents.
Passed this ninth day of July, 2007.
DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
July 9, 2007.
July 9, 2007.
July 9, 2007.
CITY OF NIAGARA FALLS
By -law No. 2007
1. OFFER
2. PURCHASE PRICE
mcleod(part 7)(may 31 07)
OFFER TO PURCHASE
Villarboit Development Corporation, in trust for a company to be incorporated (th
"Purchaser hereby offers to purchase from The Corporation of the City of Niagara Fall
(the "Vendor that portion of the lands on the west side of Montrose Road in the City c
Niagara Falls comprising part of Part 7, Plan 59R -13152 as shown cross hatched on th
sketch attached hereto as Schedule "A" (the "Property having an area of approximately 5.
acres.
The parties acknowledge that the lands which are the subject of this transaction are part of
larger block of land owned by the Vendor such part being free from environment:
contamination and suitable for development by the Purchaser for a retail commerci:
development.
The Purchase Price of the Property, premised on an area of 5.5 acres, is to be One Millio:
Two Hundred and Thirty -Seven Thousand, Five Hundred Dollars ($1,237,500.00) (t1
"Purchase Price calculated on the basis of TWo Hundred and Twenty -Five Thousar.
Dollars ($225,000.00) per acre. The Vendor shall supply to the Purchaser, prior to closin
an unqualified letter of opinion from an Ontario Land Surveyor as to the actual area of tl
Property to be conveyed to three decimal points and the final Purchase Price shall 1
determined in accordance with the price per acre formula set out above. The Purchase Pric
is payable as follows:
(a) Twenty -Five Thousand Dollars ($25,000.00) by cheque payable to the Vendor
solicitor, in trust, to be delivered within five (5) business days (Saturdays, Sunda:
and statutory holidays in the Province of Ontario excluded) following the date
acceptance of this Agreement, to be held in trust as a deposit by the Vendor
solicitor pending completion or other termination of this Agreement, and to 1
credited on account of the Purchase Price on Closing;
(b) in the event that the transaction contemplated by this Agreement is not terminatf
pursuant to the provisions of Article 13 and should the transaction not be complete
for any reason whatsoever excepting only a willful default on the part of the Vend(
then the Deposit shall be forfeited to the Vendor and the Vendor shall have no forth
claim or right of action against the Purchaser whatsoever;
(c) the balance of the Purchase Price to the Vendor on Closing, subject to the ust
adjustments.
The deposit paid under Section 2 is hereinafter referred to as "the Deposit The Vendor
solicitor shall, upon receipt of the Deposit, invest the Deposit in a term deposit or dai
interest savings account issued by a Canadian chartered bank. The Deposit shall be kept
invested pending completion or other termination of this Agreement.
If the within purchase and sale transaction is completed by the Purchaser, the interest earn
on the Deposit shall be credited to the Purchaser on account of the Purchase Price. If tl
Agreement is terminated, the interest earned on the deposit shall be dealt with in the sat
manner as the $25,000.00 principal of the deposit as provided in Sections 2(a) and 2(
above.
1
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with 10527748 Ontario
Inc. o/a The Filling Station, respecting the licencing of a Sidewalk Cafe over a portion of City
sidewalk in front of The Filling Station located at 5 815 Victoria Avenue.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. A Sidewalk Cafe Licence Agreement dated August 28, 2006 and made between 10527748
Ontario Inc. o/a The Filling Station as Licensee and The Corporation of the City of Niagara Falls as
City, respecting the licencing of a Sidewalk Cafe in front of 5815 Victoria Avenue, as attached
hereto, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Sidewalk Cafe Licence
Agreement and all other documents that may be required for the purpose of carrying out the intent
of this by -law.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such
documents.
Passed this ninth day of July, 2007.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
July 9, 2007.
July 9, 2007.
July 9, 2007.
CITY OF NIAGARA FALLS
By -law No. 2007
1.
THIS AGREEMENT made this 28 day of August, 2006
BETWEEN:
10527748 ONTARIO INC.
o/a THE FILLING STATION
Hereinafter called the "Licensee"
and
THE CORPORATION OF THE CITY
OF NIAGARA. FALLS,
Hereinafter called the "City"
of the FIRST PART;
ofthe SECOND PART;
WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk
for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown
hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands
AND WHEREAS 942219 Ontario Inc. is the owner of 5815 Victoria Avenue more particularly
described in Schedule "B" attached hereto (hereinafter referred to as the "Licensee's land which
is leased to 10527748 Ontario Inc. o/a The Filling Station;
AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as
a Licensee for such consideration and upon such terms and conditions as hereinafter contained.
NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the
premises, the mutual covenants and conditions herein contained and for valuable consideration, the
receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows:
The City shall permit the Licensee to occupy and use the City lands from May 1 s` to
October 31' in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction
with the existing restaurant located on the Licensee's lands.
2. The Licensee acknowledges that it does not have a right to use the City lands,
except in accordance with the conditions of the licence herein contained and that it accepts this
licence subject to such limitations as herein contained.
3. This licence shall commence May 1 s`, 2007 and shall terminate on October 31s
2012, subject to its earlier termination.
4. The Licensee shall pay a fee of Four Hundred Seventy Three Dollars and Seventy -Five Cents
-2-
($473.75) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of
the City in advance on the 1s day of May in each and every year during the continuance of the said
privilege, the first of such payments being due and payable upon the signing of this Licence.
5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use
of the City lands for the purposes of a sidewalk cafe, including its establishment.
6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City
Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C
7. The Licensee agrees to assume all liability and obligations for any and all loss, costs,
damage or injury (including death) to persons or property that would not have happened but for this
licence or anything done or maintained by the Licensee thereunder or intended so to be and the
Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents
from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges,
expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way
related to the existence of this licence or anything done or maintained hereunder.
8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability
and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the
Licensee and the City, its officers, employees, and agents against any claims for damage or bodily
injury to or death of one or more persons and the loss of or damage to property occurring in, on, or
about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to
include the City as an additional insured and to be endorsed to include the contractual obligation of
the Licensee to the City under this agreement and to contain a "cross liability" and tenants Liability
endorsement.
9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance
policy or an insurance certificate in a form acceptable to the City Solicitor prior to the
commencement of this licence in accordance with the notice provisions of this licence and at each
insurance renewal date.
10. The Licensee shall comply with all the laws of the federal, provincial, or municipal
governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe
in accordance with this licence.
11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and
shall make no structural changes of any kind whatsoever to the City lands without first giving the
-3--
City notice of the proposed changes and obtaining the consent of City Council for the proposed
changes.
12. The Licensee agrees that no building, structure or fixture other than that required for a
sidewalk cafe, shall be erected. on the City lands, and such sidewalk cafe and ail improvements
required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and
carried out and at all times maintained at the sole cost and expense of the Licensee and shall be
entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from
whatsoever cause arising.
13. The following schedules are attached to and form part of this agreement, namely Schedules
"A "B" and "C"
14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class
mail or facsimile transmission to the Licensee and the City as follows:
The Licensee:
5815 Victoria Avenue
Niagara Falls, ON L2G 3L6
Attention: Mr. Vince Ferro
Telephone: (905) 357 -8646
The City:
The Corporation of the City of Niagara Falls
Attention: Law Clerk
4310 Queen Street
P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
Telephone: (905) 356 -7521
Facsimile: (905) 371 -2892
(1) Where this Agreement requires notice to be delivered by one party to the other, such
notice shall be in writing and delivered either personally, by e -mail, by fax or by
prepaid ordinary first class post, by the party wishing to give such notice, to the other
party at the address noted below.
(2) Such notice shall be deemed to have been given:
(a) in the case of personal delivery, on the date of delivery;
(b) in the case of e -mail or fax, on the date of transmission provided it is received
before 4:30 p.m. on a day that is not a holiday, failing which it shall be
deemed to have been received the next day, provided the next day is not a
holiday; and
-4-
c) in the case of registered post, on the third day, which is not a holiday,
following posting.
(3) The Licensee shall indemnify, save, defend and keep harmless from time to time and
at all times, the City of, from and against all actions, causes of action, interest,
claims, demands, costs, charges, damages, expenses and loss which the City may at
any time bear, incur, be liable for, sustain or be put unto for any reason or on account
of or by reason of or in the consequence of the City entering into this agreement.
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.
15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the
privileges hereby granted by the City in this agreement without the written consent of the City.
16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other
as to its intention to terminate;
(b) The City may modify the site area to which the licence applies to upon 30 days
notice, in writing, if solely in the City's opinion, continuation of the licence
compromises pedestrian safety on the sidewalk, including but not limited to an
increase in pedestrian volume, or the City lands is required for any purpose by the
City or by any public agency; and
(c) Not withstanding any provision in this agreement, in the event of an immediate threat
to public safety the City shall have the unrestricted right to modify the site area.
17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from
the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails,
gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and
restore the City lands to its original condition or equivalent with top soil and sod.
18. If the Licensee is in default or breach, at the Licensee's expense, and the City shall be
permitted to recover the expenses incurred in remedying the default or breach from the Licensee by
adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427
of the Municipal Act, S.O. 2001 c.25 and any successor legislation thereto.
19. Wherever the singular or masculine is used in this 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
-5-
changes hereby rendered necessary had been and all covenants herein shall be construed to be several
as well as joint.
20. Wherever the singular or masculine is used in this 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 hereby rendered necessary had been and all covenants herein shall be construed to be several
as well as joint.
IN WITNESS WHEREOF the Licensee hereto have hereunto set their hands and seal and the City
has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and
the said signing Officers certify that they have authority to bind the Corporation.
10527748 ONTARIO INC.
o/a THE FIL STATIO
-c
Name: i is E'
Title: R Es i)eArr
Name:
Title:
THE CORPORATION OF THE CITY
OF NIAGARA FALLS
Name: R.T. (Ted) Salci
Title: Mayor
Name: Dean Iorf da
Title: City Clerk
-6-
SCHEDULE "A"
to an Agreement dated August 28, 2006
between
10527748 ONTARIO INC. o/a THE FILLING STATION
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
-7-
SCHEDULE "B"
to an Agreement dated August 28, 2006
between
10527748 ONTARIO INC. a/a THE FILLING STATION
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
Lot 77 Plan 291 Town of Niagara Falls; Lot 78 Plan 291 Town of Niagara Falls; Lot 79 Plan 291
Town of Niagara Falls; Lot 80 Plan 291 Town of Niagara Falls; Part Lot 85 Plan 291 Town of
Niagara Falls as in RO757249; in the City of Niagara Falls, in the Regional Municipality of Niagara.
PIN 64345- 0064(LT).
-8-
SCHEDULE "C"
to an Agreement dated August 28, 2006
between
10527748 ONTARIO INC. o/a THE FILLING STATION
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
The City of
Niagara Falls
Canada
SIDEWALK CAFE GUIDELINE
00.0.0.
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1
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Ply and Dave1opuient•
Council Approval S'eptc aber 12, 1994
Rovised M r h 2003
Introduction:
The ix formation contained in the. Sidewalk Cafe Guidelines is intended to serve as azeneral guide
to those wishing to establish a sidewalk caf6 on municipal property and to assist staff in the review
of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be
considered to ensure safety,•aosthetics and compatibilitywith land uses. The Guidelines
do not replace any requirements of any other agency, including the Alcohol Gaming Commission
of Ontario (AGCO).
Each application will be reviewed on its individual merit, particular conditions and considerations
based on location and municipal needs. The Council of the Corporation of the City of Niagara Falls,
its officers and employees arc not bound by the information contained in the Guidelines, nor are they
liable for any reliance placed upon the contents of the Guidelines by any person.
The sidewalk caf6 shall conform to any applicable provi of the Zoning By -law, the Ontario
Building Code, the Fire Code and Site Plan Control.
DefinLtions:
Outdoor Private Cafe means an outdoor area located entirely within the limits ofprivato property
used on a seasonal basis only for tables and/or seating where meals and/or refreshments are served
and consumed in conjunction with a restaurant on the same property.
Sidewalk Cafe means that portion ofmunicipal property between the property line and the travelled
portion of a road used on a seasonal basis for tables and/or statingwhere incals and/or refreshments
aro served and consumed in conjunction with a restaurant.
Seasonal means the six month period from May 1 to Octobcr both inclusive.
Catiti A=
bird waft iimi• vs4r
Sidewalk Cafe Guidelines
LA wig 1,1.4% .0;
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IC
s!JI :dl 4. if'.Fivt' ��j '1�1.+; i" il''�i��•
Zoning:
A sidewalk cafe shall be located in a commercial zone where a restaurant is a permitted use. A
.sidewalk cafe must be part of a restaurant use established in an existing Building as defined in the
Zoning By -law and have a restaurant licence issued by the Corporation of the City of Niagara Falls.
Occupancy and parking requirements of the sidewalk cafe and the related restaurants will be
calculated on the requirements of the Ontario Building Code, fire regulations and zoning by -laws
when applicable.
Criteria:
Pedestrian Movement The area required for safe pedestrian movement will be assessed on a site
specific basis. In most cases, an unobstructed sidewalk width .of 3.0 metres (10.0 feet) shall be
maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed
sidewalk width may be reduced to_ 2.4 metres (8 feet) if the sidewalk cafe is located on a sidewalk
that does not have heavypedestrian traffic, or increased above 3.0 metres (10 feet) where pedestrian
volumes arc excessive. Sidewalk cafes shall not normally be considered where the total sidewalk
width is 3.9 metres (13.0 feet) or less.
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31
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Placeuaent The p1accment of a sidewalk cafe will abut the propertywha'e the related restaurant use
is located. Alternatively, the sidewalk cafe maybe placed within 0:9 metros (3 feet) of the curb fact
parallel to the restaurant with which it is associated; in either case, the sidewalk cafb must satisfy the
City's pddestrian movement criteria, Where a sidewalk cafe is to extend into the area in front of an
abuttingproperty/business, written consent of the affectedpropertylbusincss owncrmustbeprovided
at the time of application. The. sided cafe may be located at the front or exterior side of a
•restaurant use,
FIGURE 2 PEDESTRIAN MOVEMENT
2
Design:
3
Enclosure The outdoor sidewalk caff shall be separated from the area of the sidewalk reserved for
pedestrian movement through the use of decorative fencing, planter boxc.lcontainers or similar
barriers. Such barriers should baireo standing, structurally sound and finely fabricated. The height
and placement of the barriers should ensure that sight lines are not impeded so that safety is ensured,
The barrier would be subject to the requireMents of the AGCO if the sidewalk caf6 is licensed.
Access The sidewalk caf6 shall be designed to ensure a minimum emergency evacuation route, in
accordance with standards of the Ontario Building Code and/or fire regulations, is available at all
times to and from the restaurant. In no. case shall this route bc. less than 1.0 metres (3.2 feet). The
sidewalk cafe shall not impede any existing barrier -free access to the restaurant The design and
placement of a sidewalk caf6 should not obstruct public access, access to another use in the same
building, or adversely.impact on any adjacent building.
Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to
determine the maximum seating capacity of the sidewalk caf6.
Service Areas Busing stations, service bars, electrical sorvicc, illuminated signs and lighting
fixtures are not pennitted on the public portion of the sidewalk cafe. Decorative garbage containers
May be strategica.Uy provided within the limits of a sidewalk caf6. Umbrellas, fixed awnings and
enclosures, together with any support mechanisms, shall not extend beyond the sidewalk caf6 area
or encroach into the p edestrian move: ment area. Fixed or retractable awnings shall be permitted only
where an.encroacbment agreement with the Cityb,as been obtained. All permitted accessories shall
be appropriately maintained at all times by the sidewalk caf6 licensee.
Approvals:
Application An application to establish a sidewalk caf6 on any portion of municipal a1 and D ovclo Development Services, p s
b e submitted to Planning p ces, together with the necessary fees and drawings
prior to using any municipal lands. The completed application shall be circulated to the Site Plan
Technical Committee for review and comment before entering into an 'agreement. Notice of
application must be posted in a conspicuous position on the front of the building which can be read of the City, notice g d
from `the sidewalk. At the discretion ty, tree of the application may be circulated to
owners/business operators abutting the property on either side of the proposed sidewalk caf6 for
comment prior to entering into an agreement.
Agreement Where an application for an outdoor sidewalk cafe is approved, the owner and/or
operator shall enter into an agreement with the Corporation of the City ofNiagara Falls concerning,
among other things, the lands involved, period of operation, liability insurance, maintenance and
restoration and payment of fees for use of The sidewalk cafe owner /operator shall agree to
save harmless the City for anymatter arising•as a result of the sidewalk cafe and its operation byway
of a certificate of insurance in a fonn acceptable to the City Solicitor. The operator sbA1l be
responsible for securing furniture fixtures, etc., after hours.
Fees Application .fees, preparation of agreement fees and licence fees shall be paid in accordance
with the City of Niagara, Falls By -law regarding schedule of fees for service as established from time
to time.
Utilities It will be the responsibility of the operator to secure any necessary approvals and payment
fees as may be required by the gas, telephone, hydro, cable companies orb utility prior to
establishing or operating an outdoor sidewalk cafe.
Maintenance The operator will be responsible for all maintenance of the sidewalk cafe including,
but not limited to, the cleaning of tables and cafe surface. and the pick -up of litter. The operator of
the outdoor sidewalk cafe shall maintain the sidewalk in a like condition to that at the time of
enterng into an agreement with the municipality,
Seasonal Closure All furniture, fixtures and fittings shall be removed from Cityproperty at the end
of the season in accordance with the tarns of the agreement with the City. Any hooks, bolts,
brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures are not in place
or by November 1, (whiohever.is first) in order to ensure pedestrian movement *or snow cleaning
operations are not impeded.
Hours The outdoor sidewalk cafe shall remain: closed during the period of 11:00 p.m. and 8:00 a.m.
the following day.
Taxes The operator shall bo responsible for payment of all realty and business taxes assessed
against the sidewalk cafe.
Other Regulations The operator of an outdoor sidewalk cafe shall meet the regulations and by-
laws of the City of Niagara Falls, Niagara Falls Fire Department, Regional Municipality of Niagara,
Regional Department and.Regional Police Force at all times.
AB :tc
SASIDEWALKNOEN utdelinumpd
CITY OF NIAGARA FALLS
By -law No. 2007
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with 2126921 Ontario
Inc. c.o.b. as Cheroz Restaurant, respecting the licencing of a Sidewalk Cafe over a ortion of City
ty
sidewalk in front of Cheroz Restaurant located at 5677 Victoria Avenue.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
I. A Sidewalk Cafe Licence Agreement dated June 18, 2007 and made between 2126921
Ontario Inc. c.o.b. as Cheroz Restaurant and The Corporation of the City of Niagara Falls as City,
respecting the licencing of a Sidewalk Cafe in front of 5677 Victoria Avenue, as attached hereto, is
hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Sidewalk Cafe Licence
Agreement and all other documents that may be required for the purpose of carrying out the intent
�y g
of this by -law.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such
documents.
Passed this ninth day of July, 2007.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
July 9, 2007.
July 9, 2007.
July 9, 2007.
THIS AGREEMENT made this 1 S day of June, 2007.
BETWEEN:
2126921 ONTARIO INC.
c.o.b. as Cheroz Restaurant
Hereinafter called the "Licensee"
and
THE CORPORATION OF THE CITY
OF NIAGARA FALLS,
Hereinafter called the "City"
of the FIRST PART;
of the SECOND PART;
WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk
for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown
hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands
AND WHEREAS the Licensee is the tenant of the adjoining lands municipally known as 5677
Victoria Avenue, and more particularly described in Schedule `B" attached hereto (hereinafter
referred to as "the Licensee's lands
AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as
a Licensee for such consideration and upon such terns and conditions as hereinafter contained.
NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the
premises, the mutual covenants and conditions herein contained and for valuable consideration, the
receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows:
1. The City shall permit the Licensee to occupy and use the City lands from May 1s to
October 31s in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction
with the existing restaurant located on the Licensee's lands.
2. The Licensee acknowledges that it does not have a right to use the City lands,
except in accordance with the conditions of the licence herein contained and that it accepts this
licence subject to such limitations as herein contained.
3. This licence shall commence May 1S 2007 and shall terminate on October 31s
2012, subject to its earlier termination.
4. The Licensee shall pay a fee of Five Hundred Eighty -Nine Dollars and Zero Cents ($589.00)
-2-
plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of the
City in advance on the 1st day of May in each and every year during the continuance of the
said privilege, the first of such payments being due and payable upon the signing of this
Licence.
5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use
of the City lands for the purposes of a sidewalk cafe, including its establishment.
6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City
Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C
7. The Licensee agrees to assume all liability and obligations for any and all loss, costs,
damage or injury (including death) to persons or property that would not have happened but for this
licence or anything done or maintained by the Licensee thereunder or intended so to be and the
Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents
from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges,
expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way
related to the existence of this licence or anything done or maintained hereunder.
8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability
and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the
Licensee and the City, its officers, employees, and agents against any claims for damage or bodily
injury to or death of one or more persons and the loss of or damage to property occurring in, on, or
about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to
include the City as an additional insured and to be endorsed to include the contractual obligation of
the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability
endorsement.
9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance
policy or an insurance certificate in a form acceptable to the City Solicitor prior to the
commencement of this licence in accordance with the notice provisions of this licence and at each
insurance renewal date.
10. The Licensee shall comply with all the laws of the federal, provincial, or municipal
governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe
in accordance with this licence.
11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and
-3-
shall make no structural changes of any kind whatsoever to the City lands without first giving the
City notice of the proposed changes and obtaining the consent of City Council for the proposed
changes.
12. The Licensee agrees that no building, structure or fixture other than that required for a
sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements
required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and
carried out and at all times maintained at the sole cost and expense of the Licensee and shall be
entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from
whatsoever cause arising.
13. The following schedules are attached to and form part of this agreement, namely Schedules
"A "B" and "C
14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class
mail or facsimile transmission to the Licensee and the City as follows:
The Licensee:
Cheroz Restaurant
5677 Victoria Avenue
Niagara Falls, ON L2G 3L5
Attention: Mr. Humberto Varella
(Telephone: (905)354 -9844
The City:
The Corporation of the City of Niagara Falls
Attention: Law Clerk
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
Telephone: (905) 356 -7521
Facsimile: (905) 371 -2892
(1) Where this Agreement requires notice to be delivered by one party to the other, such
notice shall be in writing and delivered either personally, by e -mail, by fax or by
prepaid ordinary first class post, by the party wishing to give such notice, to the other
party at the address noted below.
(2) Such notice shall be deemed to have been given:
(a) in the case of personal delivery, on the date of delivery;
(b) in the case of e -mail or fax, on the date of transmission provided it is received
before 4:30 p.m. on a day that is not a holiday, failing which it shall be
deemed to have been received the next day, provided the next day is not a
(b)
(3)
-4-
holiday; and
(c) in the case of registered post, on the third day, which is not a holiday,
following posting.
The Licensee shall indemnify, save, defend and keep harmless from time to time and
at all times, the City of, from and against all actions, causes of action, interest,
claims, demands, costs, charges, damages, expenses and loss which the City may at
any time bear, incur, be liable for, sustain or be put unto for any reason or on account
of or by reason of or in the consequence of the City entering into this agreement.
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.
15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the
privileges hereby granted by the City in this agreement without the written consent of the City.
16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other
as to its intention to terminate;
The City may modify the site area to which the licence applies to upon 30 days
notice, in writing, if solely in the City's opinion, continuation of the licence
compromises pedestrian safety on the sidewalk, including but not limited to an
increase in pedestrian volume, or the City lands is required for any purpose by the
City or by any public agency. This includes increased sidewalk width to
accommodate increased pedestrian volume.
(c) Not withstanding any provision in this agreement, in the event of an immediate threat
to public safety the City shall have the unrestricted right to modify the site area.
17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from
the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails,
gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and
restore the City lands to its original condition or equivalent with top soil and sod.
18. If the Licensee is in default or breach, at the Licensee's expense, and the City shall be
permitted to recover the expenses incurred in remedying the default or breach from the Licensee by
adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427
of the Municipal Act, S.O. 2001 c.25 and any successor legislation thereto.
19. Wherever the singular or masculine is used in this agreement they shall be construed as if
-5-
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 hereby rendered necessary had been and all covenants herein shall be construed to be several
as well as joint.
IN WITNESS WHEREOF the Licensee hereto have hereunto set their hands and seal and the City
has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and
the said signing Officers certify that they have authority to bind the Corporation.
2126921 ONTARIO INC.
Name: /Lfiro6, 7-0
Title: 7 s D 1,7-
1
Name:
Title:
THE CORPORATION OF THE CITY
OF NIAGARA FALLS
Name: R.T. (Ted) Salci
Title: Mayor
Name: Dean Iorfida
Title: City Clerk
V1i2,i A
SCHEDULE "A"
to an Agreement dated June 18, 2007
between
2126921 ONTARIO INC.
and
THE CORPORATION OF THE CITY OF NIAGARA. FALLS
-6-
_7_
SCHEDULE "B"
to an Agreement dated June 18, 2007
between
2126921 ONTARIO INC.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
Part Lot 128 Plan 291 Town of Niagara Falls; Part Lot 137 Plan 291 Town of Niagara Falls as in
R0311556; in the City of Niagara Falls, in the Regional Municipality of Niagara. (PIN 64344
0078LT)
SCHEDULE ''C"
to an Agreement dated June 18, 2007
between
2126921 ONTARIO INC.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
The City of
Nicigara FciI!s
Canada
_8_
41
SDEWALK CAFE. GUIDELINES
PianniAg and Development.
Council Approval Septithmber 12, 199
Revised M11.011'2003.
+Ks
Introduction:
The information contained in the Sidewalk Caf6 Guidelines is intended to serve as a general guide
to those wishing to establish a sidewalk cafe on municipal property and to assist staff in the review
of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be
considered to ensure safety, aesthetics and compatibility•with land uses. The Guidelines
do not replace any requirements of any other agency, including the Alcohol Gaming Commission
of Ontario (AGCO).
Definitions:
Sidewalk Cafe Guidelines
Bach application will be reviewed on its individual merit, particular conditions and considerations
based on location and municipal needs. The Council ofthe Corporation of the City ofNiagara Falls,
its officers and employees are not bound by the information contained in the Guidelines, nor are they
liable for any reliance placed upon the contents of the Guidelines by any person.
The sidewalk caf6 shall conform to any applicable provisions of the Zoning By-law, the Ontario
Building Code, the Fire Code and Site Plan Control.
Outdoor Private Cafe means an outdoor area located entirely within the limits of private property
used on a seasonal basis only for tables and/or seating where meals and/or refreshments are served
and consumed in conjunction with a restaurant on the same property.
Sidewalk Cafe means that portion ofmunicipal property between the property line and the traveilcd
portion of a road used on a seasonal basis for tables and/or seating where meals and/or refreshments
arc served and consumed in conjunction with a restaurant.
Seasonal means the six month period from May 1 to October 31, both inclusive.
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Zoning:
Criteria:
2
A sidewalk cafe shall be located in a commercial zone where a restaurant is a permitted use. A
sidewalk cafe must be part of a restaurant use established in an existing building as defined in the
zoning By -law and have a restaurant licence issued by the Corporation of the City of Niagara Falls.
Occupancy and par king requirements of the sidewalk caf6 and the related restaurants will be
calculated on the requirements of the Ontario Building Code, fire regulations and zoning by-laws
where applicable.
Pedestrian Movement The area required for safe pedestrian movement will be assessed on a site
specific basis. III most cases, an unobstructed sidewalk width .of 3.0 metres (10.0 feet) shall be
maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed
sidewalk width maybe reduced to 2.4 metres (8 feet) if the sidewalk cafe is located on a sidewalk
that does not have heavypedestrian track, or increased above 3.0 metres (10 feet) where pedestrian
volumes are excessive. Sidewalk cafes shall not normally be considered where the total sidewalk
width is 3.9 metres (13.0 feet) or less.
FIGURE 2 PEDESTRIAN MOVEMENT
1041111111101111
141111a1111111-1111111111111111111111101010111t �■�d�:�..
‘ItiiiiiniaileMPIIIIIPM1111 er r
‘1 1111111 Va
Placement The placement of a sidewalk cafe will abut the prop erty where the related restaurant use
is located. Alternatively, the sidewalk maybe cafe ma be placed within o:9 metros (3 feet) of the curb face
parallel to the restaurant with which it is associated; in either case, the sidewalk cafe must satisfy the
City's pedestrian movement criteria. Where a sidewalk cafe is to pxtend into the area in front of an
abutting property/business, written consent ofthe affected property/business ownerxnustbcprovided
at the tithe of application. Thy sidewalk cafe may be located at ,the front or exterior side of a
restaurant use,
Design:
Enclosure The outdoor sidewalk cafe shall be separated from the area of the sidewalk reserved for
pedestrian movement through the use of decorative fencing, planter boxe or similar
barriers. Such barriers should be:free standing, structurally sound and finely fabricated. The height
and placement of the barriers should ensure that sight lines are not impeded so that safety is ensured.
The bather would be subject to the requirements of the AGCO if the sidewalk cafe is licensed.
Access The sidewalk cafe shall be designed to ensure a .minimum emergency evacuation route, in
accordance with standards of the Ontario Building Code and/or fire regulations, is available at all
times to and from the restaurant. In no case shall this route bc. less than 1.0 metres (3.2 feet). The
sidewalk cafe shall not impede any existing bather -Exec access to the restaurant. The design and
placement of a sidewalk cafe should not obstruct public access, access to another use in the same
building, or adversely-impact on any adjacent building.
Seating Capacity A, minimum of 1.1 square metres (11.8 square feet) per person shall be used to
determine the maximum seating capacity of the sidewalk cafe.
Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting
fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers
maybe strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and
enclosures, together with any support mechanisms, shall not extend beyond the sidewalk cafe arca.
or encroach into the pedestrian movement area. Fixed or retractable awnings shall be permitted only
where anencroachment agreement with the City has been obtained.. All permitted accessories shall
be appropriately maintained at all times by the sidewalk cafe licensee.
3
Approvals:
4
Application An application to establish a sidewalk caf6 on anyportion ofmun oipal property shall
be submitted to Planning and Development Services, together with the necessary fees and drawings
prior to using any municipal lands. The completed application shall be circulated to the Site Plan.
Technical Committee for review and comment before entering into an *agreement. Notice of
application must be posted in a conspicuous position on the front of the buil ding which can bo read
from the sidewalk. At the discretion of the City, notice of the application may be circulated to
owners/business operators abutting the property on either side of the proposed sidewalk caf6 for
comment prior to entering into an agreement.
Agreement Where an application for an outdoor sidewalk cafb is approved, the owner and/or
operator shall enter into an agreement with the Corporation ofthe City of Niagara Falls concerning,
among other things, the lands involved, period of operation, liability insurance, maintenance and
restoration and payment of fees for use of The sidewalk caf6 owner /operator shall agree to
save harmless the City for any matter arisingas a result ofthe sidewalk cafe audits operation byway
of a certificate of insurance in a form acceptable to the City Solicitor. The operator shall be
responsible for securing furniture fixtures, etc., after hours.
Fees Application fees, preparation of agreement fees and licence foes shall be paid in accordance
with. the City of Niagara Falls By -law regarding schedule of fees for service as established from time
to time.
Utilities It will be the responsibility of the operator to s ecure any necessary approvals and payment
fees as may be required by the gas, te1epb.onc, hydro, cable companies or similar utility prior to
establishing or. operating an outdoor sidewalk cafe.
Maintenance The operator will be responsible for all maintenance of the sidewalk caf6 including,
but not limited to, the cleaning of tables and cafe surface. and the pick -up of litter. The operator of
the outdoor sidewalk caf6 shall maintain the sidewalk in a like condition to that at the time of
enteririnrg into an agreement with the municipality.
Seasonal Closure All furniture, fixtures and fittings shall be removed from Cityproperty at the end
of the season in accordance with the tarns of the agreement with the City. Any hooks, bolts,
brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures are not in place
or by November 1, (whioliever.is first) in order to ensure pedestrian movement or snow cleaning
operations are not impeded.
Hours The outdoor sidewalk caf6 shall remain closed during the period of 11 :00 p.m. and 8 :04 a.m.
the following day.
Taxes The operator shall be responsible for payment of all realty and business taxes assessed
against the sidewalk Gaff.
Other Regulations The operator of an outdoor sidewalk cafe shall meet the regulations and 1)y-
laws of the City of Niagara Fans, Niagara Falls Fire Department, Regional Municipality ofNiagara,
Regional Health Department and Regional Police Force at all times.
AB :tc
SASIDBWALIWE NBRAL\auidelines.wpd
This is to certify tit
v r„ "-.n Sri t, 1 tom!` it
_g_
SCHEDULE "D't
to an Agreement dated June 18, 2007
between
2 126 �2 I ONTA.�2z0 INC.
and
i u ON OF THE CITY OF N 4, FALLS
.4.1_
CERTyFICATE OF INSURANCE
t the Insured named below is insured by the insurance policy(ies) and with the insurance company set out below:
name of insured
address
a ta
type of insurance
policy number
effective date
ev ty date
Limits of
liability
comprehensive g.
liability
eel
L( I t
tt
/i P
t,
L.1
r L
The Corporation a
named insured.
This is to certify ih
oft at this time.
Ifthe polioy(ies) of
the insurance tom
This certificate is e
the City of Niagara Falls has been added as an additional insured but an(y with respect to its interest in the operations of the
t the policy(ies) of insurance as set out above have been issued to the insured by the insurance company and are in fill force and
sunned are cancelled or changed in any manner or for arty reason that wOuld affect Tho Corporation of the City of Niagara Falls,
fly shall give thirty (30) days prior written notice by registered mail to:
The Corporation of the City of Niagara Fails
Legal Department
4310 Quest Street, P,0, box 10 23
Niagara Falls, Ontario
L E6Xs
cafe *1 and issued to The Corporation of the City of Niagara Palls by:
name of inmmmo
company
date
AV1 v'
INSu R A Ai c
,h, 0 1
name of insuranc broker
authorized representative
P
INS
'MRS INDEMNITY
RANCE BROKERS LTD.
PROOF of u tt
IF'INSURANCE Es
Elev. October /04
ITV INSURANCE WILL BE ACCEPTED ON TO IS FORM only ovrax NO AMENDMENTS)
PLACED IN PRIMARY AND EXCESS LAYERS, FILE SEPARATE CERTIFICATES FOR EACII
06/22/2007 14:44
905-354-9
02/02
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Niagara Hospitality
Hotels Inc. c.o.b. as Applebee's, respecting the licencing of a Sidewalk Cafe over a ortion of City
y
sidewalk in front of Applebee's located at 5657 Victoria Avenue.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. A Sidewalk Cafe Licence Agreement dated June 18, 2007 and made between Niagara
g
Hospitality Hotels Inc. c.o.b. as Applebee's as Licensee and The Corporation the Niagara on of Ci ty of Nia g g
Falls as City, respecting the licencing of a Sidewalk Cafe in front of 5657 Victoria Avenue, as
attached hereto, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Sidewalk Cafe Licence
Agreement and all other documents that may be required for the u ose of carrying out the intent
p �'y g
of this by -law.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such
documents.
Passed this ninth day of July, 2007.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
July 9, 2007.
July 9, 2007.
July 9, 2007.
CITY OF NIAGARA FALLS
By -law No. 2007
THIS AGREEMENT made this 18 day of June, 2007.
BETWEEN:
NIAGARA HOSPITALITY HOTELS INC.
operating as Applebee's
Hereinafter called the "Licensee"
and
THE CORPORATION OF THE CITY
OF NIAGARA FALLS,
Hereinafter called the "City"
of the FIRST PART;
of the SECOND PART;
WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk
for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown
hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands
AND WHEREAS the Licensee is the tenant of the adjoining lands municipally known as 5657
Victoria Avenue, and more particularly described in Schedule "B" attached hereto (hereinafter
referred to as "the Licensee's lands
AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as
a Licensee for such consideration and upon such terms and conditions as hereinafter contained.
NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the
premises, the mutual covenants and conditions herein contained and for valuable consideration, the
receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows:
1. The City shall permit the Licensee to occupy and use the City lands from May 1St to
October 31" in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction
with the existing restaurant located on the Licensee's lands.
2. The Licensee acknowledges that it does not have a right to use the City lands,
except in accordance with the conditions of the licence herein contained and that it accepts this
licence subject to such limitations as herein contained.
3. This licence shall commence May 1st, 2007 and shall terminate on October 31St,
2012, subject to its earlier termination.
4. The Licensee shall pay a fee of One Thousand Four Hundred Sixteen Dollars and Twenty-
-2-
Five Cents ($1,416.25) plus G.S.T. per annum for such privilege, which fee shall be payable to the
Treasurer of the City in advance on the 1" day of May in each and every year during the continuance
of the said privilege, the first of such payments being due and payable upon the signing of this
Licence.
5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use
of the City lands for the purposes of a sidewalk cafe, including its establishment.
6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City
Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C
7. The Licensee agrees to assume all liability and obligations for any and all loss, costs,
damage or injury (including death) to persons or property that would not have happened but for this
licence or anything done or maintained by the Licensee thereunder or intended so to be and the
Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents
from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges,
expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way
related to the existence of this licence or anything done or maintained hereunder.
8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability
and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the
Licensee and the City, its officers, employees, and agents against any claims for damage or bodily
injury to or death of one or more persons and the Toss of or damage to property occurring in, on, or
about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to
include the City as an additional insured and to be endorsed to include the contractual obligation of
the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability
endorsement.
9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance
policy or an insurance certificate in a form acceptable to the City Solicitor prior to the
commencement of this licence in accordance with the notice provisions of this licence and at each
insurance renewal date.
10. The Licensee shall comply with all the laws of the federal, provincial, or municipal
governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe
in accordance with this licence.
11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and
-3-
shall make no structural changes of any kind whatsoever to the City lands without first giving the
City notice of the proposed changes and obtaining the consent of City Council for the proposed
changes.
12. The Licensee agrees that no building, structure or fixture other than that required for a
sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements
required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and
carried out and at all times maintained at the sole cost and expense of the Licensee and shall be
entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from
whatsoever cause arising.
13. The following schedules are attached to and form part of this agreement, namely Schedules
"B» and «C»
14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class
mail or facsimile transmission to the Licensee and the City as follows:
The Licensee:
Niagara Hospitality Hotels Inc.
6546 Fallsview Boulevard
Niagara Falls, ON L2G 3L5
The City:
The Corporation of the City of Niagara Falls
Attention: Law Clerk
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
Telephone: (905) 356 -7521
Facsimile: (905) 371 -2892
(1) Where this Agreement requires notice to be delivered by one party to the other, such
notice shall be in writing and delivered either personally, by e -mail, by fax or by
prepaid ordinary first class post, by the party wishing to give such notice, to the other
party at the address noted below.
(2) Such notice shall be deemed to have been given:
(a) in the case of personal delivery, on the date of delivery;
(b) in the case of e -mail or fax, on the date of transmission provided it is received
before 4:30 p.m. on a day that is not a holiday, failing which it shall be
deemed to have been received the next day, provided the next day is not a
holiday; and
-4-
(c) in the case of registered post, on the third day, which is not a holiday,
following posting.
(3) The Licensee shall indemnify, save, defend and keep harmless from time to time and
at all times, the City of, from and against all actions, causes of action, interest,
claims, demands, costs, charges, damages, expenses and loss which the City may at
any time bear, incur, be liable for, sustain or be put unto for any reason or on account
of or by reason of or in the consequence of the City entering into this agreement.
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.
15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the
privileges hereby granted by the City in this agreement without the written consent of the City.
16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other
as to its intention to terminate;
(b) The City may modify the site area to which the licence applies to upon 30 days
notice, in writing, if solely in the City's opinion, continuation of the licence
compromises pedestrian safety on the sidewalk, including but not limited to an
increase in pedestrian volume, or the City lands is required for any purpose by the
City or by any public agency. This includes increased sidewalk width to
accommodate increased pedestrian volume.
(c) Not withstanding any provision in this agreement, in the event of an immediate threat
to public safety the City shall have the unrestricted right to modify the site area.
17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from
the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails,
gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and
restore the City lands to its original condition or equivalent with top soil and sod.
18. If the Licensee is in default or breach, at the Licensee's expense, and the City shall be
permitted to recover the expenses incurred in remedying the default or breach from the Licensee by
adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427
of the Municipal Act, S.O. 2001 c.25 and any successor legislation thereto.
19. Wherever the singular or masculine is used in this 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
_5-
so require, and the rest of the sentence shall be construed as if the grammatical and terminological
changes hereby rendered necessary had been and all covenants herein shall be construed to be several
as well as joint.
IN WITNESS WHEREOF the Licensee hereto have hereunto set their hands and seal and the City
has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and
the said signing Officers certify that they have authority to bind the Corporation.
NIAGARA HOS ALITY HOTELS INC.
Name:
Title:
Name:
Title:
THE CORPORATION OF THE CITY
OF NIAGARA FALLS
Name: R.T. (Ted) Salci
Title: Mayor
Name: Dean Iorfida
Title: City Clerk
-6-
SCHEDULE "A"
to an Agreement dated June 18, 2007
between
NIAGARA HOSPITALITY HOTELS INC.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
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-6-
SCHEDULE "A"
to an Agreement dated June 18, 2007
between
NIAGARA HOSPITALITY HOTELS INC.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
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SCHEDULE "B"
to an Agreement dated June 18, 2007
between
NIAGARA HOSPITALITY HOTELS INC.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
Part Lots 128 and 137 Plan 291, Part Lot 127 Plan 1002 as in R0720175, except Parts 1 and 2 on
59R- 11888; in the City of Niagara Falls, in the Regional Municipality of Niagara. PIN 64344
0174(LT).
-8-
SCHEDULE "C"
to an Agreement dated June 18, 2007
between
NIAGARA HOSPITALITY HOTELS INC.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
The City of
Niagara FciI!s
Canada
SDEWALK CAFE .GUfl1ELNS
Planning and Development.
Council Approval Septainber 12, 1994
Reprised Mh'20O3.
Introduction:
The information contained in the Sidewalk Cafe Guidelines is intended to serve as a general guide
to those wishing to establish a sidewalk cafe on municipal property and to assist staff in the review
of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be
considered to ensure safety, aesthetics and compatibility•withradjaccnt land uses. The Guidelines
do not replace any requirements of any other agency, including the Alcohol Gaming Commission
of Ontario (AGCO).
Each application will be reviewed on its individual merit, particular conditions and considerations
based on location and municipal needs. The Council ofthe Corporation of the City of Niagara. Falls,
its officers and employees are not bound by the inform.ation contained in the Guidelines, nor are they
liable for any reliance placed upon the contents ofthe Guidelines by any person.
The sidewalk cafe shall conform to any applicable provisions of the Zoning 13y-law, the Ontario
Building Code, the Fire Code and Site Plan Control.
Definitions:
Outdoor Private Cafe means an outdoor area located entirely within the Jimits of private property
used on a seasonal basis only for tables and/or seating where meals and/or refreshments are served
and consumed in conjunction With a restaurant on the same property.
Sidewalk Cafe means that portion of municipal property between the property line and the travelled
portion of a road used on a seasonal basis for tables and/or seatingwhere meals and/or refreshments
aro served and consumed in conjunction with a restaurant,
Seasonax means the six month period from May 1 to October both inclusive.
F13111R41 *17.0ti
Sidewalk Cafe Guidelines
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Zoning:
Criteria:
-2
A. sidewalk cafe shall be located in a commercial zone where a restaurant is a permitted use. A
.sidewalk cafe must be part of a restaurant use established in an existing building as defined in the
Zoning By -law and have a restaurant licence issued by the Corporation of the City of Niagara Falls.
Occupancy and parking requirements of the sidewalk caf6 and the related restaurants will be
calculated on the requirements of the Ontario Building Code, ire regulations and zoning by- laws
where applicable,
P edestri an Movement The area required for safe pedestrian movement will be assessed on a site
specific basis. In most cases, an unobstructed sidewalk width .of 3.0 metres (10.0 feet) shall be
maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed
sidewalk width maybe reduced to 2.4 metres (8 feet) if the sidewalk caf6 is located on a sidewalk
that does not lave heavy pedestrian traffic, or increased above 3.0 metres (10 feet) where pedestrian
volumes are excessive. Sidewalk caf6s shall not normally be considered where the total sidewalk
width is 3.9 metres (13.0 feet) or less.
FIGURE 2 PEDESTRIAN MOVEMENT
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Place ent The placement of a sidewalk cafe will abut the propertywhere the related restaurant use
is located. Alternatively, the sidewalk cafe maybe placed within 0:9 metres (3 feet) of the curb face
parallel to the restaurant with which it is associated; in either case, the sidewalk cafe must satisfy the
City's pedestrian movement criteria. Where a sidewalk cafe is to extend into the area in front of an
abutting prop erty/bbusiness, written consent of the affected property/business owner mustb a provided
at the tithe of application. The. sidewalk caf6 may be located the front or exterior side of a
restaurant use.
Design:
Enclosure The outdoor sidewalk cafe shall be separated from the area of the sidewalk reserved for
pedestrian movement through the use of decorative fencing, planter boxes/containers or similar
barriers. Such barriers should be 'free standing, structurally sound and finely fabricated. The height
and placement of the barriers should ensure that sight lines are not impeded. so that safety is ensured.
The barrier would be subject to the requirements of the AGCO if the sidewalk cafe is licensed.
Access The sidewalk cafe shall be designed to ensure a nnininnum emargcncy evacuation route, in
accordance with standards of the Ontario Building Code and/or fire regulations, is available at all
times to and from the restaurant. In no case shall this route bc, less than 1.0 metres (3.2 feet). The
sidewalk cafe shall not impede any existing barrier -free access to the restaurant. The design and
placement of a sidewalk cafe should not obstruct public access, access to another use in the same
building, or adverselyimpaet on any adjacent building.
Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to
determine the maximum seating capacity of the sidewalk cafe,
S'ervice Areas Busing stations, service bars, electrical scrice, illuminated signs and lighting
fixtures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers
maybe strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and
enclosures, together with any support mechanisms, shall not extend beyond the sidewalk cafe arca
or encroach into the pedestrian mowcment arca. Fixed or retractable awnings shall be permitted only
where an-encroachment agreement with the City has been obtained. All permitted accessories shall
be appropriately maintained at all times by the sidewalk cafe licensee.
-3�
PAi
Approvals:
4
Application An application to establish a sidewalk caf6 on any portion of municipal property shall
be submitted to Planning and Development Services, together with the necessary fees and drawings
prior to using any municipal lands. The completed application shall be circulated to the Site Plan
Technical Committee for review and comment before entering into an agreement. Notice of
application must be posted in a conspicuous position on the front of the building which can be read
from the sidewalk. At the discretion of the City, notice of the application may bo circulated to
owners/business operators abutting the property on either side of the proposed sidewalk caf6 for
comment prior to entering into an agreement.
Agreement Where an application for an outdoor sidewalk caf6 is approved, the owner and/or
operator shall enter into an agreement with the Corporation of the City of Niagara Falls concerning,
among other things, the lands involved, period of operation, liability insurance, maintenance and
restoration and payment of fees for use of The sidewalk caf6 owner /operator shall agree to
save harmless the City for anymatter arising a result of the sidewalk cafe and its operation byway
of a certificate of insurance in a foam acceptable to the City Solicitor. The operator shall be
responsible for securing furniture fixtures, etc., after hours.
Fees Application fees, preparation of agreement fees and licence fees shall be paid in accordance
with the City ofNiagaraFalls By -law regarding schedule of fees for service as established from time
to time.
t7#ilities It will be the responsibility of the operator to secure anynecessary approvals and payment'
fees as may be required by the gas, telephone, hydro, cable companies or similar utility prior to
establishing or. operating an outdoor sidewalk cafe.
Maintenance The operator will be responsible for all maintenance of the sidewalk caf6 including,
but not limited to, the cleaning of tables and caf6 surface. and the pick -up of litter. The operator of
the outdoor sidewalk caf6 shall maintain the sidewalk in a like condition to that at the time of
entering into an agreement with the municipality.
Seasonal Closure All furniture, fixtures and fittings shall be removed from City prop erty at the end
of the season in accordance with the terms of the agreement with the City. Any hooks, bolts,
brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures are not in place
or by November 1, (whichever. is first) in order to ensure pedestrian movement or snow cleaning
operations are not impeded.
Hours The outdoor sidewalk caf6 shall remain closed during the period of 11 :00 p.m. and 8 :00 a.m.
the following day.
Taxes The operator shall be responsible for payment of all realty and business taxes assessed
against the sidewalk caf6.
Other Regulations The operator of an outdoor sidewalk cafe shall meet the regulations and by-
laws of the City ofNiagara Falls, Niagara Falls Fire Department, Regional Municipality ofNiagara,
Regional Department and Regional Police Force at all times.
AB:tc
S: LSIDEWALK14ENBR .ALifuidelines.wpd
type of insurance
policy number
effective date
expiry date
limits of
liability
comprehensive general
liability
-9-
SCHEDULE "D"
to an Agreement dated June 18, 2007
between
NIAGARA HOSPITALITY HOTELS INC.
CERTIFICATE OF INSURANCE
This is to certify that the insured named below is insured by the insurance policy(ies) and with the insurance company set out below:
name of insured
address
The Corporation of the City of Niagara Falls has been added as an additional insured but only
named insured.
This is to certify that the policy(ies) of insurance as set out above have been issued to the insured
effect at this time.
If the policy(ies) of insurance are cancelled or changed in any manner or for any reason that would
the insurance company shall give thirty (30) days prior written notice by registered mail to:
Rev. October /04
The Corporation of the City of Niagara Falls
Legal Department
4310 Queen Street, P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
This certificate is executed and issued to The Corporation of the City of Niagara Falls by:
with respect to its interest in the operations of the
by the insurance company and are in full force and
affect The Corporation of the City of Niagara Falls,
name of insurance company
date
name of insurance broker
authorized representative
PROOF OF LIABILITY INSURANCE WILL BE ACCEPTED ON THIS FORM ONLY (WITH NO AMENDMENTS)
IF INSURANCE IS PLACED IN PRIMARY AND EXCESS LAYERS, FILE SEPARATE CERTIFICATES FOR EACH
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Niagara Hospitality
p ty
Hotels Inc. c.o.b. as Remington's of Montana Steak Seafood, respecting the licencing of a
Sidewalk Cafe over a portion of City sidewalk in front of Remington's of Montana Steak Seafood
located at 5657 Victoria Avenue.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. A Sidewalk Cafe Licence Agreement dated June 13, 2007 and made between Niagara
Hospitality Hotels Inc. c.o.b. as Remington's of Montana Steak Seafood as Licensee and The
Corporation of the City of Niagara Falls as City, respecting the licencing of a Sidewalk Cafe in front
of 5657 Victoria Avenue, as attached hereto, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Sidewalk Cafe Licence
Agreement and all other documents that may be required for the purpose of carrying out the intent
of this by -law.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such
documents.
Passed this ninth day of July, 2007.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
July 9, 2007.
July 9, 2007.
July 9, 2007.
CITY OF NIAGARA FALLS
By -law No. 2007
THIS AGREEMENT made this 13t day of June, 2007.
BETWEEN: NIAGARA HOSPITALITY IMES INC.
PankRKPORMINPialk
c.o.b. as Remington's of Montana Steak Seafood
2012, subject to its earlier termination.
Hereinafter called the "Licensee"
and
THE CORPORATION OF THE CITY
OF NIAGARA FALLS,
Hereinafter called the "City"
of the FIRST PART;
of the SECOND PART;
WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk
for purposes of establishing and operating a sidewalk cafe, which is Located on City lands and shown
hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands
AND WHEREAS the Licensee is the tenant of the adjoining lands municipally known as 5657
Victoria Avenue, and more particularly described in Schedule "B" attached hereto (hereinafter
referred to as "the Licensee's lands
AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as
a Licensee for such consideration and upon such terms and conditions as hereinafter contained.
NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the
premises, the mutual covenants and conditions herein contained and for valuable consideration, the
receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows:
1. The City shall permit the Licensee to occupy and use the City lands from May 1St to
October 31S in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction
with the existing restaurant located on the Licensee's lands.
2. The Licensee acknowledges that it does not have a right to use the City lands,
except in accordance with the conditions of the licence herein contained and that it accepts this
licence subject to such limitations as herein contained.
3. This licence shall commence May
1S 2007 and shall terminate on October 31S
4. The Licensee shall pay a fee of Six Hundred Seventy -Six Dollars and Twenty -Five Cents
-2-
($676.25) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of
the City in advance on the 1st day of May in each and every year during the continuance of the said
privilege, the first of such payments being due and payable upon the signing of this Licence.
5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use
of the City lands for the purposes of a sidewalk cafe, including its establishment.
6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City
Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C
7. The Licensee agrees to assume all liability and obligations for any and all loss, costs,
damage or injury (including death) to persons or property that would not have happened but for this
licence or anything done or maintained by the Licensee thereunder or intended so to be and the
Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents
from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges,
expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way
related to the existence of this licence or anything done or maintained hereunder.
8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability
and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the
Licensee and the City, its officers, employees, and agents against any claims for damage or bodily
injury to or death of one or more persons and the loss of or damage to property occurring in, on, or
about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to
include the City as an additional insured and to be endorsed to include the contractual obligation of
the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability
endorsement.
9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance
policy or an insurance certificate in a form acceptable to the City Solicitor prior to the
commencement of this licence in accordance with the notice provisions of this licence and at each
insurance renewal date.
10. The Licensee shall comply with all the laws of the federal, provincial, or municipal
governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe
in accordance with this licence.
11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and
shall make no structural changes of any kind whatsoever to the City lands without first giving the
-3-
City notice of the proposed changes and obtaining the consent of City Council for the proposed
changes.
12. The Licensee agrees that no building, structure or fixture other than that required for a
sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements
required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and
carried out and at all times maintained at the sole cost and expense of the Licensee and shall be
entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from
whatsoever cause arising.
13. The following schedules are attached to and form part of this agreement, namely Schedules
"A", "B» and "C,,
14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class
mail or facsimile transmission to the Licensee and the City as follows:
The Licensee:
Kerrio Corporation
6546 Fallsview Boulevard
Niagara Falls, ON L2G 3W2
Telephone: (905) 358 -4534
The City:
The Corporation of the City of Niagara Falls
Attention: Law Clerk
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
Telephone: (905) 356 -7521
Facsimile: (905) 371 -2892
(1) Where this Agreement requires notice to be delivered by one party to the other, such
notice shall be in writing and delivered either personally, by e -mail, by fax or by
prepaid ordinary first class post, by the party wishing to give such notice, to the other
party at the address noted below.
(2) Such notice shall be deemed to have been given:
(a) in the case of personal delivery, on the date of delivery;
(b) in the case of e -mail or fax, on the date of transmission provided it is received
before 4:30 p.m. on a day that is not a holiday, failing which it shall be
deemed to have been received the next day, provided the next day is not a
holiday; and
-4-
(c) in the case of registered post, on the third day, which is not a holiday,
following posting.
(3) The Licensee shall indemnify, save, defend and keep harmless from time to time and
at all times, the City of, from and against all actions, causes of action, interest,
claims, demands, costs, charges, damages, expenses and loss which the City may at
any time bear, incur, be liable for, sustain or be put unto for any reason or on account
of or by reason of or in the consequence of the City entering into this agreement.
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.
15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the
privileges hereby granted by the City in this agreement without the written consent of the City.
16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other
as to its intention to terminate;
(b) The City may modify the site area to which the licence applies to upon 30 days
notice, in writing, if solely in the City's opinion, continuation of the licence
compromises pedestrian safety on the sidewalk, including but not limited to an
increase in pedestrian volume, or the City lands is required for any purpose by the
City or by any public agency. This includes increased sidewalk width to
accommodate increased pedestrian volume.
(c) Not withstanding any provision in this agreement, in the event of an immediate threat
to public safety the City shall have the unrestricted right to modify the site area.
17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from
the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails,
gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and
restore the City lands to its original condition or equivalent with top soil and sod.
18. If the Licensee is in default or breach, at the Licensee's expense, and the City shall be
permitted to recover the expenses incurred in remedying the default or breach from the Licensee by
adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427
of the Municipal Act, S.O. 2001 c.25 and any successor legislation thereto.
19. Wherever the singular or masculine is used in this 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
-5-
so require, and the rest of the sentence shall be construed as if the grammatical and terminological
changes hereby rendered necessary had been and all covenants herein shall be construed to be several
as well as joint.
IN WITNESS WHEREOF the Licensee hereto have hereunto set their hands and seal and the City
has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and
the said signing Officers certify that they have authority to bind the Corporation.
1
NIAGARA HOSPITALITY HOTELS INC.
c.o.b. as Remington's of Montana Steak
Seafood
Name: Vincent Kerrio
Title: President
THE CORPORATION OF THE CITY
OF NIAGARA FALLS
Name: R.T. (Ted) Salci
Title: Mayor
Name: Dean Iorfida
Title: City Clerk
SCHEDULE "A"
to an Agreement dated June 13, 2007
between
NIAGARA HOSPITALITY HOTELS INC.
and
THE CORPORATION OF THE CITY OF NIAGARA. FALLS
-6-
-7-
SCHEDULE "B"
to an Agreement dated June 13, 2007
between
NIAGARA HOSPITALITY HOTELS INC.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
Part Lots 128 and 137 Plan 291, Part Lot 127 Plan 1002 as in R0720175 except Parts 1 and 2 on
59R- 11888; in the City of Niagara Falls, in the Regional Municipality ofNiagara. Being PIN 64344
0174(LT).
SCHEDULE "C"
to an Agreement dated June 13, 2007
between
NIAGARA HOSPITALITY HOTELS INC.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
-8-
The
Niagara Falis
Canada
1
SIDEWALK CAFE GUIDELINE
Planning and Di velopmen
Council Approval Septitber 12, 1994
1
Revised Mr'2003
Introduction:
Sidewalk Cafe Guidelines
The information contained in the Sidewalk Caf6 Guidelines is intended to serve as a general guide
to those wishing to establish a sidewalk cafe on municipal property and to assist staff in the review
of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be
considered to ensure safety, aesthetics and compatibility•with land uses. The Guidelines
do not replace any requirements of any other agency, including the Alcohol Gaming Commission
of Ontario (AGCO).
Each application will be reviewed on its individual merit, particular conditions and considerations
based on location and municipal needs. The Council of the Corporation of the City of Niagara. Palls,
its officers and employees are not bound by the information contained in the Guidelines, nor are they
liable for any reliance placed upon the contents of the Guidelines by any person.
The sidewalk cafd shall conform to any applicable provisions of the Zonirig By -law, the Ontario
Building Code, the Fire Code and Site Plan Control.
Definitions:
Outdoor Private Cafe means an outdoor area located entirely within the limits of private property
used on a seasonal basis only for tables and/or seating where meals and/or refreshments are served
and consumed in conjunction with a restaurant on the same property.
Sidewalk Cafe means that portion ofmunicipal property between the property line and the travelled
portion of a road used on a seasonal basis for tables and/or seating where Meals and/or refreshments
are served and consumed in conjunction with a restaurant.
Seasonal means tic six month period from May 1 to October 31, both inclusive.
"s
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Zoning:
Criteria:
A sidewalk cafe shall be located in a commercial zone where a restaurant is a e ennitted
sidewalk cafe m a
must be part of a restaurant use established in P A
an existing buLld�ng as defined in the
zoning By-law and have a restaurant Licence issued by the Corporation ofthe City f Nia ara Fails
Occupancy and parking uirements of the
g sidewalk cafe and the related restaurants will be
calculated on the requirements of the Ontario Building Code, fire regulations and zoning by -laws
where applicable,
Pedestrian Movement The arca required for safe pedestrian. movement will be assessed on a site
specific basis. In most cases, an unobstructed sidewalk width .of 3.0 metres (10.0 feet) shall be
maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed
sidewalk width may be reduced to 2.4 metres (8 feet) if the sidewalk cafe is located on a sidewalk
that does not have heavypedestrian traffic, or increased above 3.0 metres (10 feet) where pedestrian
volumes are excessive. Sidewalk cafes shall not normally be considered where the total sidewalk
width is 3.9 metres (13.0 feet) or less.
FIGURE 2 F.EDI &TRIAN MOVEMENT
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Plaeena ent The placement of a sidewalk cafe will abut th e prop erty where the related restauranit use
is located. Alternatively, the sidewalk cafe maybe placed within 0.9 metres (3 feet) of the curb face
parallel to the restaurant with which it is associated; in either case, the sidewalk cafe must satisfy the
City's pedestrian movement criteria. where a sidewalk cafe is to extend into the area in front of an
abutting propety/business, written consent ofthe affectedproperty/business owner iustboprovided
at the time of application. The. sidewalk cafe may be located at ,the front or exterior side of a
•restaurant use,
Design:
Enclosure The outdoor sidewalk cafe shall be separated from the area of the sidewalk reserved for
pedestrian movement through the use of decorative fencing, p lanter bo±e or
p r sunllar
barriers. Such barriers should be free standing, structurally sound and finely fabricated. The height
and placement of the barriers should ensure that sight lines
gh are not impeded so that safety is ensured.
The barrier would be subject to the requirements of the AGCO if the sidewalk cafe is licensed.
Access The sidewalk cafe shall be designed to ensure a minimum emergency evacuation route, in
accordance with standards of the Ontario Building Code and/or fire regulations, is available at all
times to and from the restaurant. In no case shall this route bc. than 1.0 metres (3.2 foot. The
sidewalk cafe shall not impede any acxaisting barrier -face access to the restaurant. The design and
placement of a sidewalk cafe should not obstruct public access, access to another use in the same
building, or adversely-impact on any adjacent building.
Seating Capacity A, minimum of 1.1 square metres (11.8 square feet) per person shall be used to
determine the maximum seating capacity of the sidewalk cafe.
Service Areas Busing stations, service bars, electrical service, illuminated signs and lighting
factures are not permitted on the public portion of the sidewalk cafe. Decorative garbage containers
May be strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and
enclosures, together with any support mechanisms, shall not extend beyond the sidewalk cafe arca
or encroach into the pedestrian movomcnt area. Fixed or retractable awnings shall be permitted only
where an agreement with the Cityhas beezi obtained. All pexmittcd accessories shall
be appropriately maintained at all times by the sidewalk cafe licensee.
Application An application to establish a sidewalk caf6 on anyportion p a1 property shall.
be submitted to Planning
g and Development p en t YID rtxon of muruci Services, together with the necessary fees and drawings
ni
prior to using any municipal lands. The completed application shall be c' g
Technical Committee for review and comuxcnt u�ulated to the Site Plan
before aitcaing into an agrecinent, Notice of
application must be posted in a conspicuous position on the front of the building which
notice g luck can be read
from the sidewalk. At the discretion of the City, t�ce of the application may be circulated to
owners/business operators abutting the property on either side of the ro osed sidewalk
comment prior to entering into an a 8rtemcnt P P caf6 for
Agreement where an application for an outdoor sidewalk cafe is approved, the owner and/
anent with or
operator shall enter into an a
g th the Corporation of the City of Niagara Falls concerning,
among other things, the lands involved, period of operation, liability insurance, maintenance and
restoration and payment of fees for use of The sidewalk caf6 owner/operator shall agree t ec o
save harmless the alk caf6 and City for anymattcr arising-as a result of the side its d operation byway
of a certificate of insurance in a form acceptable to the City Solicitor. The operator shall be
responsible for securing furniture fixtures, etc., after hours. P
Fees Application-fees, preparation of agreement fees and licence
fees shall be paid in accordance
with the City ofNiagara Falls By -law regarding schedule of fees for service as established from time
to time.
Hours The outdoor sidewalk caf6 shall remain closed during the period of 11 :04 .m. and 8:O0 a.m.
the following day.
P
Taxes The operator shall be responsible for payment of all realty and business taxes assessed
against the sidewalk caf6.
Approvals:
Uti ides It will be the responsibility of the operator to secure any necessary approvals and payment
fees as may be required by the gas, telephone, hydro, cable companies or similar utility
establishing or. operating an outdoor sidewalk caf6. P ''Prior to
Maintenance The operator will be responsible for all maintenance of the sidewalk caf6 including,
but not limited to, the cleaning of tables and cafe surfac pick-up e. and the u o
the outdoor sidewalk caf6 shall P f letter. The operator of
all maintain the sidewalk in a like condition to that at the time of
entering into an agreement with the municipality.
Seasonal Closure All furniture, fixtures and fittings shall be removed from Citypro at the end
of the season in accordance with the terms of the a P
agreement with the City. Any hooks, bolts,
in
brackets, etc., stalled in the sidewalk shall be removed when the tables and f xtures are not in. lace
or by November 1, (whichever. is first) in order to ensure P venal t edestrian mo en or snow cleaning
operations are not impeded.
Other Regulations The operator of an outdoor sidewalk cafe shall meet the regulations and by-
laws of the City of Niagara. Falls, Niagara Falls Fire Department, Munici y
l�.egional Hcalth Department and GP polity of Niagara,
eP Regional Police Force at all tunes.
A$ :tc
s:LSmBWA.IMOENBRAL\ uidelinu.wpa
4
type of insurance
policy number
effective date
expiry date
limits of
liability
comprehensive general
liability
-9-
SCHEDULE "D"
to an Agreement dated June 13, 2007
between
NIAGARA HOSPITALITY HOTELS INC.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
CERTIFICATE OF INSURANCE
This is to certify that the insured named below is insured by the insurance policy(ies) and with the insurance company set out below:
The Corporation of the City of Niagara Falls has been added as an additional insured but only
named insured.
This is to certify that the policy(ies) of insurance as set out above have been issued to the insured
effect at this time.
lithe policy(ies) of insurance are cancelled or changed in any manner or for any reason that would
the insurance company shall give thirty (30) days prior written notice by registered mail to:
The Corporation of the City of Niagara Falls
Legal Department
4310 Queen Street, P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
This certificate is executed and issued to The Corporation of the City of Niagara Falls by:
with respect to its interest in the operations of the
by the insurance company and are in full force and
affect The Corporation of the City of Niagara Falls,
name of insurance company
date
name of insurance broker
authorized representative
PROOF OF LIABILITY INSURANCE WILL BE ACCEPTED ON THIS FORM ONLY (WITH NO AMENDMENTS)
IF INSURANCE IS PLACED IN PRIMARY AND EXCESS LAYERS, FILE SEPARATE CERTIFICATES FOR EACH
Rev. October /04
A by -law to authorize the execution of a Sidewalk Cafe Licence Agreement with Pilgrim Motor Inn
Ltd., respecting the licencing of a Sidewalk Cafe over a portion of City sidewalk in front of the
Wedgewood Restaurant located at 5234 Ferry Street.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. A Sidewalk Cafe Licence Agreement dated June 25, 2007 and made between Pilgrim Motor
Inn Ltd. as Licensee and The Corporation of the City of Niagara Falls as City, respecting the
licencing of a Sidewalk Cafe in front of 5234 Ferry Street, as attached hereto, is hereby approved and
authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Sidewalk Cafe Licence
Agreement and all other documents that may be required for the purpose of carrying out the intent
of this by -law.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such
documents.
Passed this ninth day of July, 2007.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
July 9, 2007.
July 9, 2007.
July 9, 2007.
CITY OF NIAGARA FALLS
By -law No. 2007
THIS AGREEMENT made this 25 day of June, 2007.
BETWEEN:
PILGRIM MOTOR INN LTD.
Hereinafter called the "Licensee"
and
THE CORPORATION OF THE CITY
OF NIAGARA FALLS,
Hereinafter called the "City"
of the FIRST PART;
ofthe SECOND PART;
WHEREAS the Licensee has applied to the City for permission to occupy a portion of the sidewalk
for purposes of establishing and operating a sidewalk cafe, which is located on City lands and shown
hatched on Schedule "A" attached hereto, (hereinafter referred to as "City lands
AND WHEREAS the Licensee is the tenant of the adjoining lands municipally known as 5234 Ferry
Street, and more particularly described in Schedule "B" attached hereto (hereinafter referred to as
"the Licensee's lands
AND WHEREAS the City has agreed to grant the Licensee permission to occupy the City lands as
a Licensee for such consideration and upon such terms and conditions as hereinafter contained.
NOW THEREFORE THIS LICENCE AGREEMENT WITNESSETH that in consideration of the
premises, the mutual covenants and conditions herein contained and for valuable consideration, the
receipt of which is hereby acknowledged, the parties hereto mutually covenant and agree as follows:
1. The City shall permit the Licensee to occupy and use the City lands from May I" to
October 31" in each year the licence is in effect for the purpose of a sidewalk cafe in conjunction
with the existing restaurant located on the Licensee's lands.
2. The Licensee acknowledges that it does not have a right to use the City lands,
except in accordance with the conditions of the licence herein contained and that it accepts this
licence subject to such limitations as herein contained.
3. This licence shall commence May 1St, 2007 and shall terminate on October 31St,
2012, subject to its earlier termination.
4. The Licensee shall pay a fee of Three Hundred Forty -Four Dollars and Twenty -Five Cents
($344.25) plus G.S.T. per annum for such privilege, which fee shall be payable to the Treasurer of
-2-
the City in advance on the 1st day of May in each and every year during the continuance of the said
privilege, the first of such payments being due and payable upon the signing of this Licence.
5. The Licensee agrees to pay all costs and expenses in connection with the occupancy and use
of the City lands for the purposes of a sidewalk cafe, including its establishment.
6. The Licensee agrees to establish and operate the sidewalk cafe in accordance with the City
Sidewalk Cafe Guidelines approved by Council, a copy of which is attached hereto as Schedule "C
7. The Licensee agrees to assume all liability and obligations for any and all loss, costs,
damage or injury (including death) to persons or property that would not have happened but for this
licence or anything done or maintained by the Licensee thereunder or intended so to be and the
Licensee shall at all times indemnify and save harmless the City, its officers, employees, and agents
from and against all such loss, damage, or injury, and all actions, suits, proceedings, costs, charges,
expenses, claims or demands, in any manner based thereupon, arising by reason of or in any way
related to the existence of this licence or anything done or maintained hereunder.
8. The Licensee agrees to take out and keep in force a comprehensive policy of general liability
and property damage insurance satisfactory to the City Solicitor protecting and indemnifying the
Licensee and the City, its officers, employees, and agents against any claims for damage or bodily
injury to or death of one or more persons and the loss of or damage to property occurring in, on, or
about the City lands with all inclusive coverage of not less than $2,000,000.00, such policy to
include the City as an additional insured and to be endorsed to include the contractual obligation of
the Licensee to the City under this agreement and to contain a "cross liability" and tenants liability
endorsement.
9. The Licensee shall furnish the City with a certified copy of the aforementioned insurance
policy or an insurance certificate in a form acceptable to the City Solicitor prior to the
commencement of this licence in accordance with the notice provisions of this licence and at each
insurance renewal date.
10. The Licensee shall comply with all the laws of the federal, provincial, or municipal
governments that may be applicable to the occupancy and use of the City lands for a sidewalk cafe
in accordance with this licence.
11. The Licensee agrees to maintain the City lands in a condition acceptable to the City and
shall make no structural changes of any kind whatsoever to the City lands without first giving the
City notice of the proposed changes and obtaining the consent of City Council for the proposed
-3-
changes.
12. The Licensee agrees that no building, structure or fixture other than that required for a
sidewalk cafe, shall be erected on the City lands, and such sidewalk cafe and all improvements
required to the City lands to make it suitable for the purposes of the Licensee shall be undertaken and
carried out and at all times maintained at the sole cost and expense of the Licensee and shall be
entirely at the risk of the Licensee in respect of loss, damage, destruction or accident from
whatsoever cause arising.
13. The following schedules are attached to and form part of this agreement, namely Schedules
"A "B" and "C
14. Any notice to be given pursuant to this licence may be delivered or sent by prepaid first class
mail or facsimile transmission to the Licensee and the City as follows:
The Licensee:
Pilgrim Motor Inn Ltd.
5234 Ferry Street
Niagara Falls, ON L2G 1R5
Attention: Mr. Luciano DiCienzo
Telephone (905) 374 -0113
The City:
The Corporation of the City of Niagara Falls
Attention: Law Clerk
4310 Queen Street
P.O. Box 1023
Niagara Falls, ON L2E 6X5
Telephone: (905) 356 -7521
Facsimile: (905) 371 -2892
(1) Where this Agreement requires notice to be delivered by one party to the other, such
notice shall be in writing and delivered either personally, by e -mail, by fax or by
prepaid ordinary first class post, by the party wishing to give such notice, to the other
party at the address noted below.
(2) Such notice shall be deemed to have been given:
(a) in the case of personal delivery, on the date of delivery;
(b) in the case of e -mail or fax, on the date of transmission provided it is received
before 4:30 p.m. on a day that is not a holiday, failing which it shall be
deemed to have been received the next day, provided the next day is not a
holiday; and
(c) in the case of registered post, on the third day, which is not a holiday,
-4-
following posting.
(3) The Licensee shall indemnify, save, defend and keep harmless from time to time and
at all times, the City of, from and against all actions, causes of action, interest,
claims, demands, costs, charges, damages, expenses and loss which the City may at
any time bear, incur, be liable for, sustain or be put unto for any reason or on account
of or by reason of or in the consequence of the City entering into this agreement.
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.
15. The Licensee shall not be at liberty to assign or transfer either in whole or in part the
privileges hereby granted by the City in this agreement without the written consent of the City.
16. (a) Either party may terminate this licence upon 30 days notice, in writing, to the other
as to its intention to terminate;
(b) The City may modify the site area to which the licence applies to upon 30 days
notice, in writing, if solely in the City's opinion, continuation of the licence
compromises pedestrian safety on the sidewalk, including but not limited to an
increase in pedestrian volume, or the City lands is required for any purpose by the
City or by any public agency. This includes increased sidewalk width to
accommodate increased pedestrian volume.
(0) Not withstanding any provision in this agreement, in the event of an immediate threat
to public safety the City shall have the unrestricted right to modify the site area.
17. Upon termination of this licence, the Licensee shall remove entirely, at its sole expense, from
the City lands, all retaining walls, concrete, hard surfacing, fill related to the cafe construction, rails,
gates, steps, chairs, tables, structures, objects, lighting and other items used for the sidewalk cafe and
restore the City lands to its original condition or equivalent with top soil and sod.
18. If the Licensee is in default or breach, at the Licensee's expense, and the City shall be
permitted to recover the expenses incurred in remedying the default or breach from the Licensee by
adding the expenses to the Licensee's municipal taxes to be collected in accordance with section 427
of the Municipal Act, S.O. 2001 c.25 and any successor legislation thereto.
19. Wherever the singular or masculine is used in this 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
-5-
changes hereby rendered necessary had been and all covenants herein shall be construed to be several
as well as joint.
IN WITNESS WHEREOF the Licensee hereto have hereunto set their hands and seal and the City
has hereunto affixed its corporate seal duly attested by the hands of the proper signing Officers and
the said signing Officers certify that they have authority to bind the Corporation.
Name:
Title:
Name:
Title:
GRIM MOTOR INN LTD.
THE CORPORATION OF THE CITY
OF NIAGARA FALLS
Name: R.T. (Ted) Salci
Title: Mayor
Name: Dean Iorfida
Title: City Clerk
SCHEDULE "A"
to an Agreement dated June 25, 2007
between
PILGRIM MOTOR INN LTD.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
-6-
_7_
SCHEDULE "B"
to an Agreement dated June 25, 2007
between
PILGRIM MOTOR INN LTD.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
Lot 3 s/s Ferry Street, east of Clark Avenue Plan 653 abstracted as Block 17 Village ofNiagara Falls;
Lot 4 s /s/ Ferry Street, east of Clark Avenue Plan 653 abstracted as Block 17 Village of Niagara
Falls; Lot 5 s/s Ferry Street, east of Clark Avenue Plan 653 abstracted as Block 17 Village ofNiagara
Falls; Part Lot 6 s /s/ Ferry Street, east of Clark Avenue Plan 653 abstracted as Block 17 Village of
Niagara Falls; Part Block 26 Plan 1 Stamford, being Part 1 on 59R -9655; in the City of Niagara
Falls, in the Regional Municipality of Niagara. PIN 64348- 0052(LT).
SCHEDULE 'tC"
to an Agreement dated June 25, 2007
between
PILGRIM MOTOR INN LTD.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
SIDEWALK CAFE
_g_
The
Niagara Falls
Canada
Planning and Developrna4
Council Approval Sept tuber 12, 1994
Revised March'2003
Introduction:
Sidewalk Cafe Guidelines
The information contained in the Sidewalk Caf6 Guidelines is intended to serve as a general guide
to those wishing to establish a sidewalk cafe on municipal property and to assist staff in the review
of applications for a sidewalk cafe. The Guidelines establish general provisions which are to be
considered to ensure safety, aesthetics and compatibility.with land uses. The Guidelines
do not replace any requirements of any other agency, including the Alcohol Gaming Commission
of Ontario (AGCO).
Each application will be reviewed on its individual merit, particular conditions and considerations
based on location and municipal needs. The Council of the Corporation of the City of Niagara. Falls,
its officers and employees tire not bound by the information contained in the Guidelines, nor are thoy
liable for any reliance placed upon the contents of the Guidelines by any person.
The sidewalk cafe shall conform to any applicable provisions of the Zoning By -law, the Ontario
Building Code, the Fire Code and Site Plan Control.
Definitions:
Outdoor Private Cafe means an outdoor area located entirely within the limits of private property
used on a seasonal basis only for tables and/or seating where meals and/or refreshments are served
and consumed in conjunction With a restaurant on the same property.
Sidewalk Cafe means that portion of municipal property between the property luxe and the travelled
portion of a road used on a seasonal basis for tables and/or seating where meals and/or refreshments
are served and consumed in conjunction with a restaurant.
Seasonal means the six month period from May 1 to October both inclusive.
EIMIR51 Wa''W
Zoning:
A sidewalk cafe shall be located in a commercial zone where a restaurant is a permitted use. A
sidewalk cafe must be part of a restaurant use established in an existing building as definel, in the
Zoning By -law and have a restaurant licence issued by the Corporation of the City of Ilia g ara Fails.
Occupancy and parking requiremarts of the sidewalk cafe and the related restaurants will be
calculated on the requirements of the Ontario Building Code, fire regulations and zoning by-laws
where applicable,
Criteria:
Pedestrian Movement The area required for safe pedestrian movement will be assessed on a site
specific basis. In most cases, an unobstructed sidewalk width .of 3.0 metres (10.0 feet) shall be
maintained for the clear movement of pedestrians. At the City's discretion, the unobstructed
sidewalk width maybe reduced to 2.4 metres (8 feet) if the sidewalk cafe is located on a sidewalk
that does not have heavypedestrian trade, or increased above 3.0 metres (10 feet) where pedestrian
volumes are excessive. Sidewalk cafes shall not normally be considered where the total sidewalk
width is 3.9 metres (13.0 feet) or less.
ai f„.. 4, 4t i 4
il
II 111111111101111110 1SPIIIIIIIIIIiiiii
i '11116111141111111110MM,
�fti aliwora Cep° In111111112111111111111
immil w_ e .s�
I MIN I I I I II SRE'ril l t i l l a i rtmo."
1 11E111 l ig; Pr-
FIGURE 2 PEDESTRIAN MOVEMENT
Placement The placement of a sidewalk cafe will abut the propertywhere the related'restaurant use
is located. Alternatively, the sidewalk cafe maybe placed within 0:9 metres (3 feet) of the curb face
parallel to the restaurant with which it is associated; in either case, the sidewalk cafe must satisfy the
City's p ddestriau movement criteria. Where a sidewalk cafe is to extend into the area in front of an
abutting property/business,writtenconsent ofthe affected property/business owne lmustbeprovided
at the time of application. The, sidewalk cafe may be located at the front or exterior side of a
•restaurant use.
-2
Design:
Enclosure The outdoor sidewalk cafe shall be separated from the area Of sidewalk reserved for
pedestrian movement through the use of decorative fencing, planter boi.e. containers or similar
barriers. Such barriers should be:freo standing, structurally sound and finely fabricated. The height
and placement of the barriers should ensure that sight lines are not impeded so that safety is ensured.
The barrier would be subject to the requirements of the AGCO if the sidewalk cafe is licensed.
3
Access The sidewalk cafe shall be designed to ensure a minimum. emergency evacuation route, in
accordance With standards of the Ontario Building Code and/or fire regulations, is available at all
times to and from the restaurant. In no case shall this route bc. less than 1.0 metres (3.2 feet). The
sidewalk cafe shall not impede an existing barrier -free access to the restaurant. T,hc design and
placement of a sidewalk cafe should not obstruct public access, access to another use in the same
building, or adverselyimpaet on any adjacent building.
Seating Capacity A minimum of 1.1 square metres (11.8 square feet) per person shall be used to
determine the maximum seating capacity of the sidewalk cafe.
Service Areas Busing stations, service bars, electrical ser illuminated signs and lighting
fixtures are not permitted on the public portion of the sidewalk caf6. Decorative garbage containers
may be strategically provided within the limits of a sidewalk cafe. Umbrellas, fixed awnings and
enclosures, together with any support mechanisms, shall not extend beyond the sidewalk cafe arca
or encroach into the pedestrian movement area. Fixed or retractable awnings shall be permitted only
where an.encroachment agreement with the City has been obtained. All permitted accessories shall
be appropriately maintained at all times by the sidewalk cafe licensee.
kpprovals:
4
Application An application to establish a sidewalk cafe on an portion
and yp on ofmunzcxpal property shall
be submitted to Planning Development Services, together with the necessary fees and drawings
prior to using any municipal lands. The completed application shall be circulated to the Site Plan
Technical Committee for review and comment before entering into an agreement. Notice of
application must be posted in a conspicuous position on the front of the building which can be read
from the sidewalk. At the discretion of the City, notice of the application may be circulated to
owners/business operators abutting the property on either side of the proposed sidewalk cafe for
continent prior to entering into an agreement.
Agreement Where an application for an outdoor sidewalk caf6 is approved, the owner and/or
operator shall enter into an agreement with the Corporation of the City of Niagara Falls concerning,
among other things, the lands involved, period of operation, liability insurance, maintenance and
restoration and payment of fees for use of space. The sidewalk cafe owner/operator shall agree to
save harmless the City for any matter arising-as a result ofthe sidewalk caf6 audits operation byway
of a certificate of insurance in a form acceptable to the City Solicitor. The operator shall be
responsible for securing furniture fixtures, etc., after hours.
Fees Application fees, preparation of agreement fees and licence fees shall be paid in accordance
with the City of Niagara Falls By -law regarding schedule of fees for service as established from time
to time.
Utilities It will be the responsibility of the operator to secure any necessary approvals and payment
fees as may be required by the gas, telephone, hydro, cable companies or similar utility prior to
establishing or operating an outdoor sidewalk cafe.
Maintenance The operator will be responsible for all maintenance of the sidewalk caf6 including,
but not limited to, the cleaning of tables and cafe surface. and the pick -up of litter. The operator of
the outdoor sidewalk caf6 shall maintain the sidewalk in a like condition to that at the time of
cntaring into an agreement with the municipality.
Seasonal Closure All furniture, fixtures and fittings shall be removed from Cityproperty at the end
of the season in accordance with the terms of the agreement with the City. Any hooks, bolts,
brackets, etc., installed in the sidewalk shall be removed when the tables and fixtures are not in place
or by November 1, (whiolieverjs first) in order to ensure pedestrian movement or snow cleaning
operations are not impeded.
Hours The outdoor sidewalk cafe shall remain closed during the period of 11 :00 p.m. and 8:00 a.m.
the following day.
Taxes The operator shall be responsible for payment of all realty and business taxes assessed
against the sidewalk cafe.
Other Regulations The operator of an outdoor sidewalk cafe shall meet the regulations and by-
laws of the City ofNiagara Falls, Niagara Falls Fire Departincnt, Regional Municipality of Niagara,
Regional_Health Department and.Regional Police Force at all times.
AB :t•
SASIDEWAI.IC1orNERAL6uf delines.wpd
type of insurance
policy number
effective date
expiry date
limits of
liability
comprehensive general
liability
S
-9-
SCHEDULE "D"
to an Agreement dated June 25, 2007
between
PILGRIM MOTOR INN LTD.
and
THE CORPORATION OF THE CITY OF NIAGARA FALLS
CERTIFICATE OF INSURANCE
This is to certify that the insured named below is insured by the insurance policy(ies) and with the insurance company set out below:
name of insured
address
The Corporation of the City of Niagara Falls has been added as an additional insured but only
named insured.
This is to certify that the policy(ies) of insurance as set out above have been issued to the insured
effect at this time.
If the policy(ies) of insurance are cancelled or changed in any manner or for any reason that would
the insurance company shall give thirty (30) days prior written notice by registered mail to:
Rev. October /04
The Corporation of the City of Niagara Falls
Legal Department
4310 Queen Street, P.O. Box 1023
Niagara Falls, Ontario
L2E 6X5
This certificate is executed and issued to The Corporation of the City of Niagara Falls by:
with respect to its interest in the operations of the
by the insurance company and are in full force and
affect The Corporation of the City of Niagara Falls,
name of insurance company
date
name of insurance broker
authorized representative
PROOF OF LIABILITY INSURANCE WILL BE ACCEPTED ON THIS FORM ONLY (WITH NO AMENDMENTS)
IF INSURANCE IS PLACED IN PRIMARY AND EXCESS LAYERS, FILE SEPARATE CERTIFICATES FOR EACH
First Reading:
Second Reading:
Third Reading:
July 9, 2007
July 9, 2007
July 9, 2007
CITY OF NIAGARA FALLS
By -law No. 2007
A by -law to authorize the execution of a Funding Agreement for Asset Management g t Program Project
with Her Majesty The Queen in Right of Ontario respecting the Canada Ontario Municipal Municipal Rural
Infrastructure Fund "COMRIF Program.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA. FALLS ENACTS
AS FOLLOWS:
1. An Agreement made between Her Majesty The in Right of Ontario Queen g o as represented by
the Minister of Agriculture, Food and Rural Affairs as Ministry and The Corporation rporation of the
City of Niagara Falls as Recipient, respecting the terms and conditions of
a financial
contribution to assist with the Project under COMRIF which is being administered tered by the
Ministry, as attached hereto, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the said Funding Agreement g g Bement for Asset
Management Program Project.
3. The Clerk is hereby authorized to affix the corporate seal thereto and to
o deliver the said
Funding Agreement for Asset Management Program Project.
Passed this ninth day of July, 2007.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
THIS AGREEMENT made in triplicate as of the day of 2007.
BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO
as represented by the Minister of Agriculture, Food and Rural Affairs
(referred to herein as the "Ministry
A N D: THE CORPORATION OF THE CITY OF NIAGARA FALLS
(referred to herein as the "Recipient")
WHEREAS the Government of Ontario is investing in Ontario's infrastructure;
AND WHEREAS the purpose of COMRIF is to improve and renew public infrastructure in
Ontario's small urban and rural communities with populations of less than 250,000;
AND WHEREAS the priority for COMRIF is improving water, sewage treatment, waste
management and local roads and bridges;
AND WHEREAS the objectives for COMRIF include ensuring that sustainable infrastructure
investments enhance and renew Ontario's aging public infrastructure, improve the quality of the
environment; protect the health and safety of citizens; support long -term economic growth; and
build strong, sustainable communities by giving municipalities the tools they need.
AND WHEREAS Recipients under the COMRIF AMP may choose to access funding in order to
undertake works related to addressing one or more of the following five stages of asset
management: diagnostic, inspection, valuation, sustainability /planning and financial model.
AND WHEREAS this Agreement defines the terms and conditions of a financial contribution to
assist with the Project under COMRIF which is being administered by the Ministry;
NOW THEREFORE in consideration of the mutual covenants and agreements herein contained
and other good and valuable consideration (the receipt and sufficiency of which are hereby
acknowledged), the parties covenant and agree as follows:
1
Asset Management Program Funding Agreement File: 18196
1.1
SCHEDULE "A"
GENERAL TERMS AND CONDITIONS
SECTION 1
DEFINITIONS AND INTERPRETATION
Definitions. When used in this Agreement (including the cover and execution pages
and all of the schedules), the following terms shall have the meanings ascribed to them
below unless the subject matter or context is inconsistent therewith:
"Act" means the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, Chapter
F.31, as amended.
"Adjust the Financial Assistance" means adjust the amount of the Financial Assistance on the
Project or the amount of financial assistance for any other project(s) of the Recipient under the
COMRIF Program, or any other provincial program(s) or initiative(s) (either current or future),
and /or require repayment for some or all of the Financial Assistance of the Project in an amount
to be determined by the Ministry and within the period specified by the Ministry.
"Agreement" means this agreement, including the cover and execution pages and all of the
schedules hereto, and all amendments made hereto in accordance with the provisions hereof.
"Allowable Financial Assistance" has the meaning given to it in Section 8.1 of this Agreement.
"Asset Management Program (AMP)" means the Municipal Capacity Building component of
the COMRIF Agreement as amended on November 15, 2006.
"Budget' means the Project budget set out in Schedule "B" hereto.
"Business Day" means any day on which Government of Ontario offices generally are open for
business in the Province of Ontario.
"Communication Requirements" means the communication conditions as set out in Section
12, or as directed by the Ministry from time to time.
"COMRIF Program" has the meaning given to it on the first page of this Agreement.
"Consultant" means any consultant, engineer, contractor, project manager, architect or other
service provider, as the case may be, retained by the Recipient to undertake any part of the
work related to the Project.
"Contract" means a contract between a Recipient and a third party at arm's length whereby the
Latter agrees to provide a product or service to the Project in return for financial consideration
that may be claimed as an Eligible Cost.
"Crown Agency" means a crown agency as defined in the Crown Agency Act (Ontario).
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Asset Management Program Funding Agreement File: 18196
"Project' +means the Asset Management Program project described in Schedule "8" hereto.
"Recipient" has the meaning given to it on the first page of this Agreement.
"Senior Government" means the Ministry and the Federal Government collectively.
"Substantially Performed" means all costs for the project have been incurred.
"Total Eligible Costs" has the meaning set out in Schedule "8" hereto.
1.2 Herein, etc. The words "herein "hereof" and "hereunder" and other words of similar
import refer to this Agreement as a whole and not to any particular schedule, article,
section, paragraph or other subdivision of this Agreement.
1.3 Currency. Any reference to currency is to Canadian currency and any amount
advanced, paid or calculated is to be advanced, paid or calculated in Canadian currency.
1.4 Statutes. Any reference to a statute is to such statute and to the regulations made
pursuant to such statute as such statute and regulations may at any time be amended or
modified and in effect and to any statute or regulations that may be passed that have the
effect of supplementing or superseding such statute or regulations.
1.5 Gender, singular, etc. Words importing the masculine gender include the feminine or
neuter gender and words in the singular include the plural, and vice versa.
1.6 Ministry Approvals. Any reference to, or requirement for, the approval of the Ministry
in this Agreement or in any schedule hereto shall be deemed to require the prior and
express written approval of the Ministry.
SECTION 2
TERM OF AGREEMENT
2.1 Term. Subject to any extension or termination of this Agreement or the survival of any
of the provisions of this Agreement pursuant to the provisions contained herein, this
Agreement shall be in effect from the date set out on the first page of this Agreement, up
to and including the Expiration Date.
2.2 End of Financial Assistance Date. Notwithstanding anything in this Agreement and
regardless of the Project's state of completion, the Ministry shall not be obligated to
provide Financial Assistance under this Agreement after the End of Financial Assistance
Date.
SECTION 3
ELIGIBLE COSTS
3.1 Eligible Costs. In order for a .cost to be eligible for Financial Assistance pursuant to this
Agreement (an "Eligible Cost"), the cost must be in accordance with Schedule "C Part
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Final Claim Report, in the format set out in Schedule "F", must meet the requirements of
this Section.
4.4 Maximum Financial Assistance. The total amount of Financial Assistance provided to
the Recipient shall in any event be no greater than the Maximum Financial Assistance
as noted in Schedule "B" hereto.
4.5 Excess funds. Where actual costs are lower or appear likely to be lower than the total
eligible expenditures identified in the Budget, or where additional funding is secured from
other government sources such that the funds available to the Recipient for the Project
(other than the Financial Assistance) exceed the Maximum Financial Assistance, the
Recipient shall immediately notify the Ministry. The Ministry may, in its sole discretion,
Adjust the Financial Assistance on the Project.
4.6 Interdependent Projects. Where implementation of the Project is dependent on
completion of a project by others and the interdependent project is not completed by
others in whole or in part, the Ministry may, in its sole discretion, Adjust the Financial
Assistance for the Project.
4.7 Recipient not carrying out Project. The Recipient shall immediately notify the Ministry
if it does not intend to carry out the Project in whole or in part as specified in Schedule
"B" in which case the Ministry may, in its sole discretion, Adjust the Financial Assistance
-__for the Project.
4.8 New Information. In the event of new information, errors, omissions or other
circumstances affecting the determination of the amount of Financial Assistance under
this Agreement, the Ministry may, in its sole discretion, Adjust the Financial Assistance
7-for the Project.
4.9 Alternatives to Project. If the Recipient becomes aware of any alternatives to the
Project that are more cost effective (for example, an area/joint servicing scheme), the
Recipient shall immediately notify the Ministry, in which case the Ministry may, in its sole
discretion, Adjust the Financial Assistance. Likewise, if the Ministry becomes aware of
any alternatives to the Project that are more cost effective, the Recipient will be notified
and the Ministry may, in its sole discretion, Adjust the Financial Assistance.
4.10 GST. The Financial Assistance is based on the net amount of goods and services tax to
be paid by the Recipient pursuant to the Excise Tax Act (Canada), net of any applicable
rebates.
4.11 Withholding payment. The Ministry may, in its sole discretion, withhold payment of
Financial Assistance where the Recipient is in default in obtaining any necessary
permits, approvals or licenses applicable to the Project or is in default of compliance with
any provisions of this Agreement or any applicable legislation.
4.12 Insufficient funds provided by the Legislature. If, in the opinion of the Ministry, the
Legislative Assembly of Ontario does not provide sufficient funds to continue the
Financial Assistance for any fiscal year during which this Agreement is in effect, the
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5.7 Final Claim Report. The Recipient shall submit its Final Claim Report, in the format set
out in Schedule "F", with the required documentation for approval, cost reviews, audits
and settlement by the Final Claim Report Date of September 30, 2009 or such later date
as is specified in writing by the Ministry. Upon completion of the cost reviews, audits
and settlement, the Ministry shall not be obligated to consider any further claims in
relation to the Project. The Recipient shall also submit, upon request by the Ministry, the
required documentation for approval, cost reviews and audits on an interim basis.
5.8 Commencement of Project. The Recipient shall begin the Project within six (6) months
after the date of this Agreement, failing which this Agreement may be terminated
pursuant to Section 14.
5.9 Contracts. The Recipient shall ensure that all Contracts:
a) are consistent, and do not conflict, with this Agreement;
b) incorporate the relevant provisions of this Agreement to the extent possible;
c) conform to all policies and procedures issued by the Senior Government for the
COMRIF Program;
d) are awarded and managed:
(1)
(ii)
in a way that is transparent, competitive and consistent with value for
money principles; and
in accordance with all applicable policies and procedures issued by the
Government of Ontario;
e) require that the parties thereto comply with all applicable legislation; and
f) authorize the Ministry and the Federal Government to gather data, perform audits
and monitor the Project as they see fit.
SECTION 6
REPORTING REQUIREMENTS
6.1 Final Claim Report. Within three months of the Project becoming Substantially
Performed and no later than the Final Claim Report Date or such later date as is
specified in writing by the Ministry, the Recipient shall submit a final report (the "Final
Claim Report") for the Project to the Ministry in a form set out in Schedule "F" and the
Recipient shall follow such administrative procedures as are specified from time to time
by the Ministry. The Final Claim Report shall include:
a) a certificate by an authorized official such as the chief financial officer of the
Recipient certifying that the asset management works approved for funding have
been undertaken;
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Asset Management Program Funding Agreement File: 18196
otherwise, provides a copy of the audit report to the Ministry for its consideration at the
same time that the audit report is given to the Recipient.
7.4 Information. The Recipient shall supply to the Ministry, upon request, such information
in respect of the Project and its results including without limitation all contracts and
agreements related to the Project and all plans and specifications related to the Project,
as the Ministry may require. The Ministry and the Federal Government, their respective
agents and employees, including the Ontario Provincial Auditor's Office, shall be allowed
access to the Recipient's premises and staff and to the Project site at all reasonable
times to (i) inspect the progress and monitor the Project; (ii) perform cost reviews and
audits on the Project; and (iii) confirm the results of the Project in terms of resolving the
infrastructure problems that cause an immediate and serious problem for human health
or the environment.
7.5 Information condition precedent for payment. If, in the opinion of the Ministry, any of
the information requirements of this Article are not met, the Ministry may, in its sole
discretion, require the information as a condition precedent to any payment in relation to
the Project or any other project(s) of the Recipient under the COMRIF Program, or any
other provincial program(s) (either current or future). In addition, the Ministry may, in its
sole discretion, Adjust the Financial Assistance for the Project.
SECTION 8
OVERPAYMENT
8.1 Allowable Financial Assistance. Funds advanced to the Recipient prior to settlement
in accordance with Section 6.1 of Schedule "A" of this Agreement shall not be construed
as a final determination of the amount of Financial Assistance applicable to the Project. Upon conducting a final cost review or audit of the Project, the Ministry will determine the
final amount of Financial Assistance on the Project (the "Allowable Financial
Assistance The Recipient agrees to repay to the Ministry, upon receipt of a written
demand and within the period specified by the Ministry, that portion of the total of the
funds advanced that exceeds the Allowable Financial Assistance applicable to the
Project, as determined by the Ministry, as well as any funds used fora purpose other
than that stated in the terms of this Agreement, as determined by. the Ministry.
8.2 Deduction of overpayment. The Ministry may deduct any overpayment of Financial
Assistance pursuant to Section 8.1 made on the Project from Financial Assistance
payable on any other project(s) of the Recipient under the COMRIF Program or any
other provincial program(s) (either current or future). Any overpayment made on any
other project(s) of the Recipient under the COMRIF Program or any other provincial
program(s) (either current or future) may in turn be deducted from Financial Assistance
payable on the Project.
8.3 Interest on overpayment. The Ministry reserves the right to demand interest on any
overpayment of Financial Assistance owing by the Recipient under the terms of this
Agreement at the then current interest rate charged by the Government of Ontario on
accounts receivable. The Recipient shall pay the amount of interest owing upon receipt
of a written demand and within the period specified by the. Ministry.
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Asset Management Program Funding Agreement File: 18196
any way related to this Agreement or the Project; nor
b) any incidental, indirect, special or consequential damages, or any Loss of use,
revenue or profit to the Recipient, its employees, agents, or Consultants arising
out of or in any way related to this Agreement or the Project.
10.2 Recipient to indemnify. The Recipient agrees to indemnify and hold harmless Her
Majesty the Queen in right of Ontario, Her directors, officers, employees and agents
from and against all suits, judgments, claims, demands, expenses, actions, causes of
action and losses (including, without limitation, reasonable legal expenses and any claim
for lien made pursuant to the Construction Lien Act (Ontario)) and for any and all liability
for damages to property and injury to persons (including death) which Her Majesty the
Queen in right of Ontario, Her directors, officers, employees and agents may incur,
otherwise than by reason of their own negligence or wilful misconduct, as a result of or
arising out of or in relation to: (a) the performance of this Agreement or any breach of the
terms of this Agreement by the Recipient, its officers, servants, employees and agents,
or by a third party, and any of its officers, employees, servants or agents; (b) the ongoing
operation, maintenance and repair of the infrastructure resulting from the Project; or (c)
any omission or other wilful or negligent act of the Recipient, a third party, their
respective employees, officers, servants or agents.
10.3 Further indemnity. The Recipient further agrees to indemnify and hold harmless Her
Majesty the Queen in right of Ontario, Her directors, officers, employees and agents, for
any incidental, indirect, special or consequential damages, or any loss of use, revenue or
profit, which Her Majesty the Queen in right of Ontario, Her directors, officers, employees
and agents may incur, otherwise than by reason of their own negligence or wilful
misconduct, as a result of or arising out of or in relation to: (a) the performance of this
Agreement or any breach of the terms of this Agreement by the Recipient, its officers,
servants, employees and agents, or by a third party, and any of its off icers, employees,
servants or agents; (b) the ongoing operation, maintenance and repair of the infrastructure
resulting from the Project; or (c) any omission or other wilful or negligent act of the
Recipient, a third party, their respective employees, officers, servants or agents.
SECTION 11
CONFLICT OF INTEREST AND CONFIDENTIALITY
No conflict of interest. The Recipient and its Consultants and any of their respective
advisors, partners, directors, officers, employees, agents and volunteers shall not
engage in any activity or provide any services where such activity or the provision of
such services creates a conflict of interest (actually or potentially in the sole opinion of
the Ministry) with the provision of services under this Agreement. The Recipient
acknowledges and agrees that it shall be a conflict of interest for it to use confidential
information of Her Majesty the Queen in right of Ontario that is relevant to the Project
or otherwise where the Ministry has not expressly authorized such use in writing. For
greater certainty, and without limiting the generality of the foregoing, a conflict of
interest includes a situation where anyone associated with the Recipient is able to
benefit financially from the Project or where such a person owns or has an interest in
13
Asset Management Program Funding Agreement File: 18196
e) where applicable, it has passed by -laws required to undertake the Project;
f) it is now and will continue to be compliant with all Environmental Laws
g) provided that the Recipient is not a municipality or a Crown Agency,
A. it is not a non- resident of Canada within the meaning of the
income Tax Act (Canada);
B. is either a corporation, a partnership or a sole proprietorship
validly in existence; and
C. is registered and qualified to do business wherever necessary to
carry out the Project;
h) it has the experience, financial health and ability to carry out this Project;
1) if the Recipient is a Local Government or a Crown Agency, it has the requisite legislative
authority to carry out the Project;
j) other than the Financial Assistance being provided pursuant to this Agreement,
the Recipient has not and will not use any funds received from Her Majesty the
Queen in Right of Ontario or a Crown Agency towards any aspect of the Project.
all information provided during the AMP Initiative Expression of Interest
submission process remains true, correct and complete in every respect except
as set out to the contrary herein. Without limitation, the AMP Project Overview
(Schedule "13") are as set out herein.
13.2 Representations and warranties true condition precedent for payment. Upon
request, the Recipient shall provide the Ministry with proof of the matters referred to in
this Article. It is a condition precedent to any payment under this Agreement that the
representations and warranties under this Section are true at the time of payment and
that the Recipient is not in default of compliance with any terms of this Agreement.
Where this is not the case, the Ministry may, in its sole discretion, Adjust the Financial
Assistance for the Project.
SECTION 14
DEFAULT, ENFORCEMENT AND TERMINATION
14.1 Event of Default. Each and every one of the following events is an "Event of Default":
a) if in the opinion of the Ministry, the Recipient fails to conform or comply with
any term or covenant contained in this Agreement to be performed or complied
with by the Recipient;
b) if in the opinion of the Ministry any representation or warranty made by the
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Asset Management Program Funding Agreement File: 18196
a) the Ministry shall have no further obligation to provide any Financial Assistance
for the Project;
b) the Ministry may, at its option, terminate this Agreement and may, in its sole
discretion, Adjust the Financial Assistance. The total amount of Financial
Assistance shall be immediately due and payable by the Recipient and bear
interest at the then current interest rate charged by the Government of Ontario
on accounts receivable; and
the Ministry may avail itself of any of its legal remedies that it may deem
appropriate.
14.4 Additional remedies. In addition to the remedies described in Section 14.3, the Ministry
may commence such legal action or proceedings as it, in its sole discretion, may deem
expedient, without any additional notice .under this Agreement. The rights and remedies
of the Ministry hereunder are cumulative and in addition to, and not in substitution for, all
other rights or remedies otherwise available to the Ministry.
14.5 Termination without cause. Notwithstanding anything else contained herein, the
Ministry reserves the right to terminate this Agreement without cause upon such
conditions as the Ministry may require, with a minimum of seven (7) days written notice
to the Recipient. If the Ministry terminates this Agreement prior to its expiration, the
j Ministry, subject to all of the Ministry's rights under this Agreement, including, without
limitation, the Ministry's right to Adjust the Financial Assistance prior to its expiration,
shall only be responsible for the payment of Financial Assistance on the portion of the
Project completed
SECTION 15
NOTICE
15.1 Notice. Any demand, notice or communication to be made or given hereunder shall be
in writing and may be made or given by personal delivery or mailed by first class
registered mail, postage prepaid or by transmittal by facsimile, telecopy, email or other
electronic means of communication addressed to the respective parties as follows at the
addresses set out in Schedule "E" attached hereto or to such other person, address,
facsimile number, telecopy number or email address as either party may from time to
time notify the other in accordance with this Section. Any demand, notice or
communication made or given by personal delivery shall be conclusively deemed to
have been given on the day of actual delivery thereof. Any demand, notice or
communication made or given by facsimile, email or other electronic means of
communication, if made or given at a time when it would be received by the recipient
during its normal business hours on a Business Day, shall be deemed to be received at
the time it is sent; otherwise, such electronic communication shall be deemed to be
received on the first Business Day following the transmittal thereof. Any demand, notice
or communication mailed by registered mail shall be deemed to have been received on
the third Business Day following the day on which it was mailed.
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Asset Management Program Funding Agreement File: 18196
17.6 Division of Agreement. The division of this Agreement into schedules, articles,
sections, clauses, paragraphs and the insertion of headings are for the convenience of
reference only and shall not affect the construction or interpretation of this Agreement.
17.7 Governing law. This Agreement shall be governed by and construed in accordance
with the laws of the Province of Ontario and the laws of Canada applicable in Ontario.
17.8 Survival. The following schedules, sections and provisions of this Agreement shall
survive the expiration or early termination hereof: Section 4 (Financial Assistance),
Section 6 (Reporting Requirements), Section 7 (Records and Audit), Section 8
(Overpayment),. Section 10 (Indemnity), Section 11 (Conflict of Interest and
Confidentiality), Section 12 (Communication and Recognition), Section 13 (Covenants,
Representations and Warranties), Section 14 (Default, Enforcement and Termination)
and Section 16.11 (Interest) of Schedule "A
17.9 No assignment. This Agreement shall not be assigned by the Recipient. The Ministry
may assign this Agreement on written notice to the Recipient.
17.10 No Amendment. This Agreement shall not be varied or amended except by a
document in writing, dated and signed on behalf of the Ministry and the Recipient.
17.11 ..-Interest. The Ministry reserves the right to demand interest on any repayment of
Financial Assistance owing by the Recipient under the terms of this Agreement at the
then- current interest rate charged by the Government of Ontario on accounts receivable.
The Recipient shall pay the amount of interest owing upon receipt of a written demand
and within the period specified by the Ministry.
17.12 Ministry and Recipient independent. Nothing in this Agreement shall be deemed to
constitute the Recipient an employee, servant, agent, partner of or in joint venture with
the Ministry for any purpose whatsoever.
17.13 Recipient cannot represent the Senior Government. The provision of Financial
Assistance to the Recipient pursuant to this Agreement is for the sole purpose of, and is
limited to, carrying out the Project. The Recipient warrants and agrees that under no
circumstances shall it enter into any contract or commitment in the name of or on behalf
of the Ministry and/or the Federal Government. The Recipient acknowledges and
is p g
agrees that it s not by the terms of this Agreement or otherwise, granted any right or
authority to assume or create any obligation or responsibility, express or implied, on
behalf of or in the name of the Ministry and /or the Federal Government, to act as an
agent of the Ministry and /or the Federal Government, or to bind the Ministry and /or the
Federal Government in any manner whatsoever other than as specifically provided in
this Agreement.
17.14 Consultants. The Ministry acknowledges that, in connection with carrying out the
Project, the Recipient may engage one or more Consultants. The Ministry
acknowledges and agrees that the Recipient shall have the sole authority and
responsibility for such employees, agents or Consultants, including their hiring and
termination. The Recipient acknowledges and agrees that the Recipient shall be
responsible for all acts and actions of the Recipient's employees, a ents and
agents
Asset Management Program Funding Agreement File: 18196
SCHEDULE "B"
AMP PROJECT OVERVIEW
AMP PROJECT DESCRIPTION
AMP FILE #18196 THE CORPORATION OF THE CITY OF NIAGARA
FALLS
WORK DESCRIPTION:
The City of Niagara Falls proposes to use its Asset Management Program funding to primarily
target the inspection, valuation and sustainability stages of the asset management continuum.
The project commits to a three -phase approach to achieve asset management, as follows:
Phase 1, PSAB Readiness Review Asset Management Strategic Visioning; Phase 2, Asset
Management Implementation Planning; and Phase 3, Asset Management Implementation.
FINANCIAL ASSISTANCE 1 PROJECT BUDGET
Total Eligible Costs: $44,982.00
Federal Maximum Financial Assistance: $14,994.00
Ontario Maximum Financial Assistance: $14,994.00
Maximum Financial Assistance: $29,988.00
The Ministry will release all federal and provincial AMP funding once a Final Claim Report has
been submitted to the COMRIF Joint Secretariat as set out in Section 6.1 of Schedule "A" of this
Agreement. The Ministry is not obligated to pay interest on any costs incurred prior to the
submission, review and reimbursement of all eligible AMP project costs.
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Asset Management Program Funding Agreement File: 18196
SCHEDULE "C"
ELIGIBLE COSTS
C.1 ELIGIBLE COSTS
C.1.1 Eligible Costs are all direct costs that, in the opinion of the Ministry, are:
a) Properly and reasonably incurred by the Recipient and no other person; and
b) Paid under a Contract for goods or services necessary for the implementation of
the Project.
C.1.2 Eligible Costs must be directly related to the asset management project. They must also
be for expenditures that would not have otherwise been incurred by the Recipient and
include, p
nclude, but are not limited to the following:
a) Cost incurred on or after the AMP announcement date (December 6, 2006), but
before the program deadline of March 31, 2009.
b) Cost incurred for professionals, technical personnel, consultants and contractors
specifically engaged to undertake asset management activities related to the five
principal stages of asset management.
c) Software, hardware and any other IT products required by the municipality to
undertake the asset management work required.
d) Staff training costs, including training registration fees, travel expenses (airline /train
ticket, car rental including the cost of gasoline, mileage if staff members' own car is
used, hotel stays and meals while attending a conference/seminar) and any
Y
materials that may be required to be purchased in advance of attending a training
session such as books and /or training manuals specifically requested uested b the training
by g
seminar organizer.
e) Staff costs for any staff members newly hired specifically to work on municipal asset
management works on a full time basis. This could include summer students hired
specifically for this purpose on a temporary basis, or part -time staff specifically
dedicated to working on asset management activities.
f) Any other asset management related costs as approved by the COMRIF Joint
Secretariat.
C.2 INELIGIBLE COSTS
C.2.1. Notwithstanding any other provision in this Schedule, costs related to the following are
not eligible:
a) Costs incurred before the announcement of the AMP (December 6, 2006).
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Asset Management Program Funding Agreement File: 18196
SCHEDULE "D"
FEDERAL REQUIREMENTS
The Ministry and the Recipient agree to the following Federal Requirements:
1. The Recipient acknowledges and agrees that the amount of Financial Assistance being
provided by the Ministry is dependent on the Ministry receiving funds for the Project from the
Federal Government. Should the Ministry not receive the funds it expects to receive in
relation to the Project from the Federal Government, the Ministry may, in its sole discretion,
Adjust the Financial Assistance being provided to the Recipient pursuant to this Agreement
(including, without limitation, requiring repayment of Financial Assistance already paid to the
Recipient).
2. The Recipient represents and warrants to the Federal. Government that other than the
Financial Assistance being provided pursuant to this Agreement, the Recipient will notify of
any other funding received from the Federal Government, including FEDNOR funding,
towards any aspect of the Project.
3. The Recipient agrees to indemnify and hold harmless the Federal Government, its directors,
officers, servants, employees and agents from and against all suits, judgments, claims,
demands, expenses, actions, causes of action and losses (including, without limitation,
reasonable legal expenses and any claim for lien made pursuant to the Construction Lien
Act (Ontario) and for any and all liability for damages to property and injury to persons
(including death) which the Federal Government, its directors, officers, servants, employees
and agents may incur, otherwise than by reason of their own negligence or wilful
misconduct, as a result of or arising out of or in relation to: (a) the performance of this
Agreement or any breach of the terms of this Agreement by the Recipient, its officers,
servants, employees and agents, or by a third party, and any of its officers, employees,
servants or agents; (b) the ongoing operation, maintenance and repair of the infrastructure
resulting from the Project; or (c) any omission or other wilful or negligent act of the
Recipient, a third party, their respective employees, officers, servants or agents.
4. The Recipient further agrees to indemnify and hold the Federal Government, its directors,
officers, employees and agents, for any incidental, indirect, special or consequential
damages, or any loss of use, revenue or profit, which the Federal Government, its directors,
officers, employees and agents may incur, otherwise than by reason of their own negligence
or wilful misconduct, as a result of or arising out of or in relation to any breach by the
Recipient of the terms of this Agreement, or the Recipient's own negligence or wilful
misconduct.
5. The Recipient acknowledges that the provisions of the Access to Information Act (Canada)
and the Privacy Act (Canada) and regulations thereunder bind Her Majesty the Queen in
Right of Canada.
6. The Recipient acknowledges that the Federal Government is or will be the owner of certain
distinguishing marks comprised of designs, trademarks and official marks in relation to
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Asset Management Program Funding Agreement File: 18196
The Ministry and the Recipient agree to the following additional provisions:
1. Further to Section 15 of Schedule "A" hereto, notice can be given at the following addresses:
(a) If to the Ministry:
(b) If to the Recipient:
Ministry of Agriculture, Food and Rural Affairs
1 Stone Road West, 4 Floor
Guelph, Ontario
N1G 4Y2
Phone: 1-866-306-7827
Fax: (519) 826-4336
E-Mail: brian.cardy@ontario.ca
Attention: Brian Cardy
THE CITY OF NIAGARA FALLS
P.O. Box 1023
4310 Queen Street
Niagara Falls, ON
L2E 6X5
Phone: (905) 356-7521
Fax: (905) 356-9083
E-Mail: diorfida@ @niagarafalls.ca
Attention: Dean lorfida, City Clerk
SCHEDULE "E"
ADDITIONAL PROVISIONS
27
COLUMN 1
INTERSECTION
Victoria Ave.
Clifton Hill
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY -LAW
Number 2007
A by -law to amend By -law No. 89 -2000,
being a by -law to regulate parking and
traffic on City Roads. (Yield Signs,
Pedestrian Crossing Prohibited, Stopping
Prohibited, Stop Signs At Intersections, Heavy
Vehicle Restrictions, Through Highways,
Parking Prohibited, Speed Limits on
Highways (Part 2 60 km/h)
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By -law No. 89- 2000, as amended, is hereby further amended
(1) by removing from the specified columns of Schedule Q thereto the following
item:
YIELD SIGNS
COLUMN 2
FACING TRAFFIC
Northbound on Victoria Ave.
Victoria Ave.
(2) by removing from the specified columns of Schedule AA thereto the following item:
PEDESTRIAN CROSSING PROHIBITED
COLUMN 1 COLUMN 2
HIGHWAY AT
(3) by adding to the specified columns of Schedule A thereto the following items:
COLUMN 1 COLUMN 2 COLUMN 3
HIGHWAY SIDE BETWEEN
STOPPING PROHIBITED
Centre Street North Between a point 22 metres west of April 1 to
Victoria Avenue and a point 62 metres September 30
west of Victoria Avenue
Centre Street North Between a point 62 metres west of At All Times
Victoria Avenue and Ellen Avenue Tow Away Zone
(4) by adding to the specified columns of Schedule P thereto the following items:
STOP SIGNS AT INTERSECTIONS
COLUMN 1 COLUMN 2
INTERSECTION FACING TRAFFIC
(s)
Clifton Hill /Centre St. South
McGarry Drive and Parkside Road Northbound on Parkside Road
McGarry Drive and Parkside Road Southbound on Parkside Road
HEAVY VEHICLE RESTRICTION
COLUMN 3
ROADWAY APPROACH
by adding to the specified column of Schedule S thereto the following item:
COLUMN 1 COLUMN 2 COLUMN 3
HIGHWAY BETWEEN TIMESiDAYS
COLUMN 4
TIMES OR DAYS
Grassy Brook Road Montrose Road and the At all times including
Western terminus of Grassybrook Road "Up to $5000 Fine"
(6) by deleting from the specified columns of Schedule W, Part 2 thereto the following
item:
(9)
-3-
SPEED LIMITS ON HIGHWAYS (PART 2 60KM /HR)
COLUMN 1 COLUMN 2
HIGHWAY BETWEEN
Grassy Brook Road Montrose Road and the west City limit 60
(between Niagara Falls/Welland)
by adding to the specified columns of Schedule W, Part 2 thereto the following
items:
SPEED LIMITS ON HIGHWAYS (PART 2 60KM /HR)
COLUMN 1 COLUMN 2
HIGHWAY BETWEEN
Grassy Brook Road Montrose Road and the western terminus of 60
Grassybrook Road (west of Montrose Road)
Grassy Brook Road The City's West limit and the eastern terminus of 60
Grassybrook Road (east of Morris Road)
COLUMN 3
MAXIMUM SPEED (KM /H)
COLUMN 3
MAXIMUM SPEED (KM /H)
by deleting from the specified columns of Schedule N thereto the following item:
COLUMN 1 COLUMN 2
HIGHWAY BETWEEN
THROUGH HIGHWAYS
Grassy Brook Rd. West limit of Montrose Rd. to the west city limits
by adding to the specified columns of Schedule N thereto the following items:
THROUGH HIGHWAYS
COLUMN 1 COLUMN 2
HIGHWAY BETWEEN
Grassy Brook Road Montrose Road and the western terminus of Grassybrook Road (west of Montrose Road)
Grassy Brook Road The City's West limit and the eastern terminus of Grassybrook Road (east of Morris Road)
-4-
(10) by deleting from the specified columns of Schedule P thereto the following item:
STOP SIGNS AT INTERSECTIONS
COLUMN 1 COLUMN 2
INTERSECTION FACING TRAFFIC
Biggar Road and Crowland Avenue Southbound on Crowland Avenue
(11) by adding to the specified columns of Schedule C thereto the following items:
First Reading: July 9, 2007
Second Reading: July 9, 2007
Third Reading: July 9, 2007
PARKING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Grassybrook Road Both Within the turning basin of the Western At all times
Terminus (West of Montrose Road)
Grassybrook Road Both Within the turning basin of the Eastern At all times
Terminus (East of Morris Road)
This By -law shall come into force when the appropriate signs are installed.
Passed this ninth day of July, 2007.
DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR
CITY OF NIAGARA FALLS
By -law No. 2007-
A by -law to prohibit or regulate the placing or erecting of signs, notices, and advertising
ng
devices on public and private property within the City of Niagara Falls.
WHEREAS under section 8 and section 11(1) of the Municipal Act, 2001, R.S.O. 2001, c. 25, a
municipal corporation has the powers ofa natural person including by-law making powers respecting
gp p g
signs.
AND WHEREAS under s. 99 of the Municipal Act, 2001, R.S.O. 2001, c. 25 rules are p rescribed
applicable to the by -law making powers respecting advertising devices including signs.
g g
AND WHEREAS the Council of the City of Niagara Falls has engaged in public consultation
p consultation
including public meetings and direct consultations with representatives of the business community
and sign industry.
AND WHEREAS the Council of the City of Niagara Falls desires to regulate signage within the
City for purposes of public safety and public aesthetics.
AND WHEREAS the Official Plan and related policies of the City of Niagara Falls includes
g
provisions concerning signs.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1.0 TITLE
This By -law shall be known and cited as the "Sign By-law."
y
2.0 DEFINITIONS
The following definitions shall apply for the purposes of this By -law:
2.1 "Advertising device" means any device or object erected or located so as to attract
public attention to any goods or services or facilities or events and includes flags,
banners, pennants and lights.
2.2 "Awning" means a fabric over frame structure that projects from the exterior wall
of a building over a window or door and provides shade or other weather p rotection.
2.3 "Awning sign" means a sign that is marked or inscribed upon or within the fabric
of an awning.
2.14
2.15
2.17
-2
2.4 "Banner" means a sign or advertising device made from cloth lastic or similar
p a similar
lightweight non -rigid material erected on one (1) or more poles and includes
p a flag,
pennant or other similar device.
2.5 "Bench sign" means a sign painted on or attached to a bench.
2.6 "Billboard" means a permanent outdoor sign erected and maintained by a person,
Y .p n,
company, or business engaged in the sale or rental of the sign or the use of the sign
to a clientele.
2.7 "Building face" means an exterior wall of a building.
g
2.8 "Canopy" means a permanent, rigid, roof -like structure that is attached to and
supported by the exterior wall of a building and may be supported from the ground.
2.9 "Canopy sign" means a sign attached to, marked or inscribed on a canopy.
2.10 "Chief Building Official" s hall mean the person and/or designate, p dlor his designate, so appointed
by Council pursuant to the Building Code Act.
2.11 "City" means The Corporation of the City of Niagara Falls.
2.12 "Community bulletin board" means a bulletin board designated by the City upon
Y tY on p
which a poster may be placed by members of the public.
2.13 "Council" means the Council of The Corporation of the City g of Niagara Falls.
"Directional sign" means a free standing sign that gives directions or instructions
for the control of vehicular or pedestrian traffic on a property.
"Directory sign" means a sign listing the tenants of a building containin g at least
two (2) distinct tenant units and that display only the name and address of the tenants
or occupancies for identification purposes.
2.16 "Electronic sign" means a sign that is electronically controlled and displays
information or attracts attention by means of animation, intermittent flashing or
blinking of light, an electronic screen or LED display and includes an electronic
readograph.
"Fascia sign" means a sign attached to, marked or inscribed on, erected placed
or p
against a wall forming part of a building on a plane at any angle greater or less than
ninety degrees to the plane of the building's wall.
-3-
2.18 "General ground sign" means a ground sign supported by the with pp y ground with a
maximum vertical clearance of 0.75 metres between rade and the base of the he sign.
2.19 "Grade" means the average surface elevation of the finished round below ow a sign or
the point where the ground is in contact with any sign, building, other structure.
Y g g, ructure.
2.20 "Ground sign" means a sign directly supported by one (1) or more u ri Y uprights, poles
or braces or located on a structural base placed in or upon the ground and includes
g des
a pylon sign.
2.21 "Illumination study" shall mean a study completed by a qualified professional p Y q p sional that
examines the impact of the illumination from a sign on adjacent areas and properties.
J p p s.
2.22 "Information sign" means a sign for public safety or convenience regulating gulating on
premises traffic, parking or a sign denoting sections of a buildin g displaying dis .laY g in.. no
commercial advertising.
2.23 "Logo sign" means a sign attached to the wall of a building and located ed at the
uppermost storey of a building and consisting solely of a graphic, corporate orate s mbol
symbol trademark used to identify a particular building or premise or a articular occupant
of a building.
p p
2.24 "Lot" means a parcel of land fronting onto a street, which may be described b
y y metes
and bounds in a registered deed or be shown in a plan registered lan of subdivision.
g
Contiguous lots in common ownership and occupied by a single buildin. shall be
Y g building
deemed to be a single lot for the purpose of this By -law.
2.25 "Mansard roof" means a roof having two (2) sloes on all sides with the lower
ower
slope at an angle of not less than 60 degrees and steeper than the upper slope.
p pp e. p
2.26 "Murad" means any type of display or artistic endeavour applied as paint, film or
pp p
other covering to an external wall or other integral art of a building or structure
p g
which may include words or advertisement or other promotional message or content,
including p g
ncluding logos or trademarks.
2.27 "Official population" means the total number of residents of the City of Niagara
Fat Y g
is as determined by the most recent population census completed b y the
completed Y
Government of Canada.
2.28 "Official Sign" means a sign erected by a public authority purposes for the u oses of that
public authority.
2.29 "Owner" means the registered owner of the property or premises on which a sign p g n is
i
located or is proposed to be located.
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2.30 "Park" means any publicly owned or publicly controlled land that is used or
intended to be used for outdoor recreation, green space or as a natural buffer.
2.31 "Person" means an individual, firm, corporation, association or artnershi
p p
2.32 "Portable sign" means a sign not permanently anchored to the ground or attached
g
to a building and designed in a manner as to be capable of being moved from place
to place. Without limiting the generality of the foregoing, this definition shall include
a mobile sign, sandwich board sign, A -frame sign, and inflatable sign.
g g n.
2.33 "Poster" means a printed notice conveying information intended to be displayed for
a temporary period of time and includes but is not limited to a bill, bulletin, handbill,
leaflet, notice and placard.
2.34 "Premises" means a lot and includes all buildings and structures thereon.
2.35 "Projected image sign" means a sign which consists of an J ro
image projected onto a
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wall, sidewalk or other surface.
2.36 "Projecting sign" means a sign attached to a building and projecting out horizontally
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at a right angle to a building for a distance greater than 0.6 metres but not more than
3.0 metres.
2.37 "Property line" means the boundary of a lot.
2.38 "Public property" means property, land or a building owned by the City, The
Regional Municipality of Niagara, Province of Ontario, Government of Canada, or
a local board as defined in the Municipal Affairs Act, as amended.
2.39 "Pylon sign" means a ground sign with a minimum vertical clearance of 2.7 metres
between the grade and the lowest part of the sign face.
2.40 "Readograph" means a part of a permanent sign composed of changeable letters
which is designed or constructed to convey a temporary message and which is
designed or constructed so that the message conveyed on the readograph may be
changed mechanically or as part of an electronic display.
2.41 "Region" means The Regional Municipality of Niagara.
2.42 "Residential land use" means the use of land, buildings or structures exclusively for
human habitation.
-5-
2.43 "Roof sign" means a sign supported entirely r partly by the roof of building p y y a building or
structure and projects above the roof and parapet and shall not include a sign painted
onto a roof.
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2.44 "Sign" means any surface, structure and other component parts, which a re used or
p p
capable of being used as a visual medium or display to attract attention to a specific
subject matter for identification, information, or advertising purposes and g p rp includes
an advertising device or notice.
2.45 "Sign area" means the total area of the surface of eve face of a sign inc
every g including the
border or frame, together with any material forming an integral p art
g g of the
background of the display or used to differentiate the sign from the backdrop drop or
building against which it is erected. Where there is no border or the sign n is composed
mposed
individually ndividually installed letters, numerals, or shapes, the sign area shall include
g all of
the area of the smallest rectilinear outline that uses the least number of horizontal ntal and
vertical lines to enclose the grouping of letters, numerals, or shapes.
2.46 "Sign District" means an area defined by the
y City for the purpose of prohibiting or
regulating the placing or erecting of signs, notices, and advertising devices.
2.47 "Sign face" means that portion of a sign upon which or through which the message
ssage
of the sign is displayed.
2.48 `Sign uniformity plan" means drawings and specifications approved b the pp y he City
showing the arrangement of all wall signs erected and to be erected on a building
g or
premises containing more than one (1.) occupancy, and rovidin details of the type,
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character, height, and design of the signs in relation to the architectural features
of
the building.
2.49 "Street" means any public highway.
2.50 "Streetline" means and is the property line between a lot and a street.
2.51 "Temporary sign" means a sign anchored to the ground but erected for a limited
period of time. Without limiting the generality of the foregoing, this definition shall
include a real estate sign, construction sign, election sign, sale banner, and new
development sign.
2.52 "Unsafe sign" means a sign or sign structure determined by the Chief Buildin
Y Building
Official to be in a condition that is structurally or in some other manner inadequate
or faulty, or could be hazardous to a person, pedestrian, or motorist.
2.53 "Visual impact study" means a study that demonstrates through graphics and other
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means, the expected visual appearance a sign will have at its ro osed locations
p p
within its surroundings as viewed from relevant vantage p oints.
2.54 "Wall sign" means a sign attached to or erected or laced against a wall forming g gp art
of a building, or supported by or through a wall of a building and having the exposed
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face thereof on a plane approximately parallel to the plane of such wall and includes
awning signs, fascia signs, logo signs and murads.
2.55
3.3 Permits
"Window sign" means a sign posted, painted, or affixed in or on a window exposed
to public view, and shall include an interior sign that faces a window exposed osed to
public p
p c view and located within 1 metre of a window.
I. ADMINISTRATION
3.0 Administration
3.1 Interpretation
3.1.1
3.1.2
3.2 Administration
3.2.1 The Chief Building Official and/or his designate shall be responsible for
the administration of this By -law.
3.3.1
3.3.2
3.3.3
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Words importing the singular number or the masculine gender only shall
include more persons, parties or things of the same kind than one, and
females as well as males and the converse.
The Chief Building Official or his designate shall determine the type of
sign that any particular sign is and his determination of this issue shall be
final.
Except for signs referred to in section 3.5.1, no person shall erect, display
or maintain a sign on private property unless a permit is obtained under the
provisions of this By -law prior to the erection for that sig n.
All signs shall conform to the provisions of this By -law.
A permit shall be refused and shall be revoked if the proposed sign does
not comply with this or any other By -law, applicable law or g overnmental
approval and, in particular, without limiting the generality of the foregoing,
any approval required from the Ontario Ministry of Transportation or the
Niagara Parks Commission.
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3.3.4 (1) A permit issued by the City for a sign shall expire six g pare six months from
the date of issuance unless the sign is erected for its intended purpose.
(2) In the event that an application is made to extend the six month
period referred to in subsection 3.3.4(1) above, prior to the expiration
p p ion
of that six month period the time to erect the sign may be extended
Y ded
for a further six months by the Chief Building Official.
(3) A permit may only be extended once.
3.3.5 When a sign is removed, the permit issued for that sign n
g shall be deemed to
be revoked.
3.3.6 The City may revoke a permit under the
p e following circumstances:
(a) The City issued the permit in error, or
(b) The sign does not conform to this By -law, the Ontario Building Code,
or any other applicable regulation or legislation, or
(c) The permit has been issued as the result of fa mistaken, mistaken, incorrect,
or misleading statements, information, or undertakings on the
application, plans, drawings, sketches and other documents submitted
with the application, or
(d) The sign is causing, will cause or is contributing or will contribute
g to
a hazardous condition.
3.3.7 If a building permit is issued for a sign that building permit is deemed g p eemed to
be a sign permit for the purposes of this By-law.
3.4 Application for Permit
3.4.1 The applicant for a permit shall be the owner of the property or building
p p rty on
which the sign is to be erected or the authorized agent of the owner.
3.4.2 The applicant shall file with the City an application for permit p it on the
prescribed form.
3.4.3 The applicant for a permit shall provide to the City:
(a) A completed application in the form prescribed by the City;
-8-
(b) The written authorization of the owner where the applicant is not the
owner of the property or building where the sign is to be erected;
(c) A drawing showing the location and dimensions of all existing and
proposed signs, and identifying the materials of which the proposed
sign is to be constructed;
(d) A site plan showing the location of the sign in relationship to other
p
buildings and structures, the street, and the boundaries of the
property upon which the sign is proposed to be erected;
(e) Sufficient information for the Chief Building Official to determine
that the sign has been designed and will be constructed in compliance
with the applicable structural and fire prevention provisions of the
Ontario Building Code.
3.4.4 An application for a fascia sign for a building or property containin g more
than one (1) occupancy or tenant shall include a sign uniformity plan
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where signs are proposed for more than one (1) occupancy or tenant.
3.4.5 Prior to applying to the City for a permit, the applicant shall obtain
approval for the proposed sign, if required, from any other governmental
authority having jurisdiction over the sign.
3.4.6 Notwithstanding section 3.4.5 above, in the case of a sign subject to the
jurisdiction of Niagara Parks Commission, the approval of the Niagara
Parks Commission may be obtained after the application has been made.
3.4.7 Fees payable at the time of the application shall be in accordance with the
permit fee structure adopted by the City and shall be paid prior to the City
accepting any sign permit application for processing.
3.5 Signs for Which a Permit is Not Required
3.5.1 No permit is required for the following types of signs:
(a) Official signs or signs pertaining exclusively to public safety;
(b) Flags of corporations, nations, educational or religious organizations
provided not more than three (3) flags are located at one (1)
premises;
(c) A poster affixed to a community bulletin board in accordance with
the provisions of this By -law;
(g)
(i)
(t)
(m)
3.6 Prohibited Signs
(n) Election signs.
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(d) For a residential land use containing less than six (6) dwelling units,
a sign containing the name and address of a resident or occupant,
ant
p
provided the sign is not more than 0.2 square metres in sig n area and
does not include any commercial advertising;
(e) For a residential land use for a multiple family buildin:. containing
Y g g
six (6) or more dwelling units, a sign containing the name and
address of the building, provided the sign is not more than 2.4 square
in q
metres n sign area;
(f) Information signs not more than 0.4 square metres in sign area;
Real estate signs not more than 0.5 square metres in sign area in a
residential zone and 2.0 square metres in all other areas. Such real
estate sign shall be removed within 14 days after the date of closure
of an offer of purchase or lease of the premises;
(h) A window sign on the first storey of a building occupied b
g p by a
commercial use provided the window sign is not more than 20% of
each window section or pane;
Directional sign not more than 0.5 square metres in sign area and
1.2 metres in height;
(j) Open house directional sign;
(k) Construction sign not more than 5.0 square metres in sig n area and
to be removed within 30 days of the construction being completed or
p
discontinued;
A sign for a contractor undertaking landscaping, home repairs or
renovations, provided such sign is erected no more than two (2) days
prior to the commencement of the project and is removed from the
property immediately after the project is completed;
A garage sale sign or a sign advertising a lost pet;
3.6.1 Any sign not expressly permitted by this By -law is prohibited and without
p
limiting the generality of the foregoing, the following signs are specifically
g p Y
prohibited:
(a) A sign located on or over public property;
(b) Bench sign;
4.0 GENERAL PROVISIONS
(c) A sign located so as to obstruct the view of any pedestrian or motorist
so as to cause an unsafe condition;
(d) A sign attached to or displayed on a vehicle or trailer which is p arked
or located for the primary purpose of displaying the sign g n or
advertisement;
(e) A sign which obstructs or is located in a parking space that is
g p
required to enable the premises upon which the p ortable or
temporary sign is located to comply with the requirements of a City
of Niagara Falls Zoning By -law;
(0 A sign located in a daylight triangle;
(B)
(i)
An inflatable sign;
1 0-
(h) No sign located within 30 metres of an intersection shall contain any
green or red lettering or graphics that are illuminated or flashing;
Any sign which violates in any way any statute, regulation or by -law
of the Government of Canada, the Province of Ontario, The Regional
Municipality of Niagara or the City.
4. I No sign shall be located so as to impede the view of any street, lane, highway
or
railway crossing.
4.2 Except where otherwise permitted, no sign shall be fixed, attached to or p ainted onto
a fence, board, tree, transit shelter, splash guard, safety or guard rail, utility pole,
tY p
street furniture, trash or recycling bin.
4.3 The owner of the premises upon which any sign is located, shall be responsible for
every aspect of any sign on that premises and, without limiting the generality of the
foregoing, shall obtain any licence required for the sign and maintain the sig n in a
proper state of repair to prevent the sign becoming unsafe, unsightly or dangerous.
4.4 No sign shall be located within 1.5 metres of an adjacent lot.
4.5 Any external lighting used to illuminate a sign shall be arranged ed to not direct g of direct light
onto an adjacent street or premises.
4.6 Except as provided for in clauses (d) and (e) of section 3.5.1 and section 15 of this
By law no sign is permitted on a residential land use.
4.7 A sign must be located or displayed at a location where that type of sign is permitted
g p rmitted
and must comply with the regulation applicable to that a of sign in that location.
g on.
4.8 It is the express intent of Council that this by-law is not to be interpreted Y rp d so as to
grant rights to persons that they would not have enjoyed but for the assa e of this
by -law.
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4.9 The onus of demonstrating that a sign is not subject to the provisions of this J p s by -law
shall be upon the owner of that sign.
II. SIGNS PERMITTED BY DISTRICT
5.0 SIGN DISTRICTS
5.1 (1) For the purposes of this By -law, the followin g Sig n Districts shown in
Schedule "A" are hereby established for the regulation of signs in the City:
g
Downtown District, Fallsview District, Clifton Hill District, Lundy's 's Lane
District, Whirlpool District, Chippawa District, Commercial District, and
Industrial District.
(2) The types of signs permitted in each district shall be as set out in Tables 1
and 2.
(3)
Where a type of sign is permitted, it shall be subject to the regulations
relating to that type of sign.
(4) In addition to the regulations described in subsection 5.1(3) a sign shall be
subject to any special regulations that apply to that type of sign in the Sign
District where the sign is located.
5.2 (1) Those areas of the City that are not within a Sign District listed above in
Article 5.1(1) and that are zoned any Neighbourhood Commercial
designation pursuant to By -law No. 79 -200 as amended are designated
Neighbourhood Commercial Sign District for the purposes of this By -law.
(2) Those areas of the City that are not within a Sign District listed above in
Article 5.1(1) and that are zoned any Commercial designation other than a
Table 1
Sign Districts
Column 1 Column 2
Sign Type
Fallsview
Clifton Hill
Downtown
Ground Signs
Pylon Sign
Yes
Yes
No
General
Yes
Yes
Yes
Wall Signs
Fascia Sign
Yes
Yes
Yes
Murad
Yes
Yes
No
Awning Sign
Yes
Yes
Yes
Logo Sign
Yes
Yes
Yes
Roof Sign
No
Yes
No
Projecting Sign
Yes
Yes
Yes
Canopy Sign
Yes
Yes
Yes
Billboard
see section 11.0
Portable Sign
No
No
No
Temporary Sign
No
No
No
Banner
Yes
Yes
No
Electronic Sign
Yes
Yes
No
Projected
Image Signs
Above Ground
Yes
Yes
No
On Ground
Yes
Yes
No
Readograph
Yes
Yes
Yes
(3)
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Neighbourhood Commercial designation pursuant to By -law No. 79 -200 as
amended that are designated Commercial /Industrial Sign District for the
purposes of this By -law.
Those areas of the City that are not within a Sign District listed above in
Article 5.1(1) and zoned any Industrial designation pursuant to By -law No.
79 -200 as amended that are designated Commercial /Industrial Sign District
for the purposes of this By -law.
Table 2
Sign Districts
Column 1
Column 2
Sign Type
Lundy's Lane
Whirlpool
Chippawa
Ground Signs
Pylon Sign
Yes
Yes
No
General Ground
Yes
Yes
Yes
Wall Signs
Fascia Sign
g
Yes
Yes
Yes
Murad
Yes
Yes
Yes
Awning Sign
Yes
Yes
Yes
Logo Sign
Yes
Yes
Yes
Roof Sign
N o
No
No
Projecting Sign
Yes
Yes
Yes
Canopy Sign
Yes
Yes
Yes
Billboard
see section 11.0
Portable Sign
Yes
Yes
No
Temporary Sign
No
No
Yes
Banner
Yes
Yes
Yes
Readograph Sign
Yes
Yes
No
Projected Image
Signs
Above Ground
Yes
Yes
No
On Ground
Yes
Yes
No
Electronic sign
Yes
Yes
No
-13-
Table 3
Sign Districts
Column 1
Column 2
Sign Type
Neighbourhood
Commercial/Industrial
Ground Signs
Pylon Sign
g
No
Yes
General Ground
Yes
Yes
Wall Signs
Fascia Sign
Yes
Yes
Murad
Yes
Yes
Awning Sign
Yes
Yes
Logo Sign
No
Yes
Roof Sign
N o
No
Projecting Sign
Yes
Yes
Canopy Sign
Yes
Yes
Billboard
see section 11.0
Portable Sign
Yes
Yes
Temporary Sign
No
Yes
Banner
No
Yes
Readograph Sign
No
Yes
Projected Image
Signs
Above Ground
No
Yes
on Ground
No
Yes
Electronic Sign
No
Yes
-14-
5.3 In the Downtown Sign District the following regulations apply in addition to those
set out in Tables 1 and 2:
(a) a fascia sign shall be located within the horizontal band which divides the
store front widows from the upper facade;
(b) a sign in the Downtown Sign District shall not be internally illuminated.
Table 4
Maximum Area Ground Signs
Lot Frontage
Sign Districts
Chippawa
All Other Sig n Districts
23 meters or less
4.6 sq. m
23 meters to 30 meters
7.0 sq. m
Over 30 meters but less
than 46 meters
9.3 sq. m
Over 46 meters
General Ground signs 18.6 s
g sq.
Q
m
Pylon Sign: 23.0 sq. m
All frontages
4.6 sq. in
1 5-
III• THE REGULATIONS
The regulation specific to each type of sign are as follows.
6.0 GROUND SIGNS
A ground sign shall conform to the following regulations:
6.1 Ground Signs
General ground signs and pylon signs must comply.
6.1.1 One (1) ground sign may be located along a street frontage for each h 45
metres of street frontage.
6.1.2 No more than two (2) ground signs may be located on the street frontage
of a property.
6.1.3 No ground sign shall be located closer than 30 metres to any other ground
sign on the same property.
6.1.4 The maximum total sign area for all ground signs on a street frontage
shall be as set out in Table 4.
6.1.5 The maximum sign area for all ground signs on a �Y rop a shall include
p p
the area of all permitted directional signs.
6.1.6
_16-
Every ground sign shall display the municipal address of the property upon
which the sign is located in numerals that are a minimum height of 150
millimetres.
6.1.7 No part of a ground sign shall be located within 1.5 metres of a streetline
or public sidewalk.
6.1.8 The maximum height of a ground sign other than a pylon sign shall be 2.4
metres.
6.2 Pylon Signs
A pylon sign shall conform to the following regulations:
6.2.1 A pylon sign shall be erected on a property with a minimum street
frontage of 30 metres.
6.2.2 A pylon sign shall not be erected on a street frontage of a lot that is less
than 30 metres.
6.2.3 There shall be no more than one (1) pylon sign erected on any frontage of
any lot.
6.2.4 Notwithstanding Table 3, a pylon sign shall not be erected in the Main and
Ferry District as shown on Schedule "A" of this By -law.
6.2.5 The maximum height of a pylon sign shall be 9 metres.
6.2.6 A pylon sign shall have and maintain an minimum vertical clearance of 2.7
metres between the grade and the lowest part of the sign face.
7.0 WALL SIGNS
7.1 Fascia Signs
A fascia sign shall conform to the following regulations:
7.1.1 No fascia sign shall cover or project into any window, door, or other
opening on a building face.
7.1.2 A fascia sign may project a maximum of 0.15 metres from a building face
over the streetline.
-17-
7.1.3 A fascia sign projecting .08 metres or more from a building face shall ll be
a minimum of 2.70 metres above grade.
7.1.4 The upper limit of a fascia sign shall not ro'ect above the roofline
p J or
parapet of a building.
7.1.5 No fascia sign shall be attached to a mansard roof.
7.1.6
7.1.7
The maximum aggregate area of all fascia signs on any one (1) building
face shall be 25% of the area of the building face to which it is attached.
Notwithstanding sub section 7.1.6 the maximum area of all facia signs on
any one (1) building face within the Chippawa District shall be 9.3 square
metres.
7.1.8 Where a premises has a single occupancy no more than one (1) ascia sign
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shall be attached to each building face.
7.1.9 Where two (2) or more fascia signs are attached to a building, the signs
g� g ns
shall maintain a uniform band of signage along the building face defined
by locating all signage on the building face in a manner that maintains a
consistent horizontal alignment and vertical height.
7.1.10 In the case of a building containing multiple occupancies or tenants, a
maximum of one (1) fascia sign shall be permitted for each tenant or
occupancy provided the maximum total sig n area permitted for fascia
signs is not exceeded.
7.1.11 One (1) fascia directory sign shall be permitted on any building and shall
be included in the total maximum sign area for fascia signs.
7.2 Murads Signs
A murad sign shall conform to the following regulations:
7.2.1 The maximum area of a murad sign shall be 25% of the area of the
building face from which it is displayed.
7.2.2 Notwithstanding sub- section 7.2.1 the maximum area of a murad sign
n
displayed within the Chippawa District shall be 9.3 square metres.
7.4.1
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7.3 Awning Signs
An awning sign shall conform to the following regulations:
7.3.1 An awning sign shall not contain integral illumination.
7.3.2 The maximum sign area of an awning sign shall be 25% of the awning to
it g
which t is applied.
7.3.3 The maximum length of an awning sign shall be 10 metres.
7.3.4 Awning signs shall not consist of three dimensional letters or ra ghics.
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7.4 Logo Signs
A logo sign shall conform to the following regulations:
Where a logo sign is displayed on a building that is four (4) or more stories
in height the logo sign shall be displayed on the building face of the upper
most storey of that building.
7.4.2 Where a logo sign is displayed on a building of three (3) or fewer stories,
it may be displayed anywhere on the building.
7.4.3 The maximum sign area of a logo sign shall be 10% of the portion of the
building face defined by the floor and ceiling of the storey of the building
upon which the logo sign is displayed.
8.0 ROOF SIGNS
A roof sign shall conform to the following regulations:
8.1 No more than one (1) roof sign shall be located on a building.
8.2 A roof sign shall be integrated with the architecture of the building on which it is
erected and shall not appear as a separate structure.
8.3 A roof sign shall be located a minimum of 1.2 metres from the outer wall of the
building on which it is displayed and in no case shall a roof sign overhang the outer
wall of a building.
8.4 No part of a roof sign shall be higher than 5.5 metres above the roof or parapet of the
building.
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8.5 No part of a roof sign shall be closer than 1.0 metres etres to the roof deck.
8.6 The maximum sign area of a roof sign shall not exceed 20 s q uare metres.
8.7 A roof sign shall not obstruct any door, window, skylight, scuttle, or fire escape pe or
prevent the free access of fire fighters to any part of the building.
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8.8 A roof sign shall not obstruct the view from any window or skylight that i in is a
building located on an adjacent property.
8.9 An application for a roof sign shall include a visual impact study y and an
illumination study to illustrate and evaluate the impact of the roof sign with respect
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to the City's skyline and appearance from Queen Victoria Park.
9.0 PROJECTING SIGNS
A projecting sign shall conform to the following regulations:
9.1 A projecting sign shall not encroach onto a public ro er
p p tY•
9.2 Notwithstanding section 9.1 a projecting sign may encroach onto a street one half
f
of the distance between the streetline and the street curb or the shoulder of the street
where a shoulder exists or to within 0.8 metres of a street curb or the shoulder of a
road where a shoulder exists whichever is the lesser of the two distances.
9.3 The maximum area of a projecting sign shall be 7.0 square metres.
9.4 A projecting sign shall maintain a minimum clearance of 2.7 metres above g rade.
10.0 CANOPY SIGNS
A canopy sign shall conform to the following regulations:
10.1 The maximum height of a canopy sign shall be 0.6 metres.
10.2 Where a canopy sign is displayed above the canopy the vertical space between the
lowest point of the sign and the top of the canopy or overhan g shall not exceed 0.3
metre.
10.3 A canopy sign may project a maximum 0.3 metre from the canopy face.
10.4 A canopy sign shall maintain a minimum clearance of 2.7 metres above g rade.
11.0 BILLBOARDS
11.8
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A billboard shall conform to the following regulations:
11.1 A billboard shall only be located on a vacant property designated Major
Commercial, Industrial, Good General Agriculture by the City's Official Plan.
11.2 Where a billboard is located on a premises, no other signs shall be displayed on that
premises and no sign permits shall be issued to permit any additional signs on that
premises.
11.3 Notwithstanding the provisions of section 11.1 billboards are not permitted within
the Central Business District and the Chippawa District.
11.4 The sign face of a billboard shall be a minimum 18.0 square metres in area and a
maximum of 70 square metres.
11.5 The minimum distance between billboards shall be 300 metres.
11.6 The maximum height of a billboard shall be 7.5 metres.
11.7 A billboard shall have no more than two (2) sign faces. Each sign face shall comply
with section 11.4.
Where a billboard has two (2) sign faces the sign faces shall be located, placed and
displayed at an angle no greater than 120 degrees which angle shall be measured
from the back of the sign faces of the billboard.
11.9 A billboard shall be located more than 90 metres from a designated historic site, a
public park, or any property designated Residential by the City's Official Plan.
11.10 An application for a sign permit to erect and display a billboard shall include an
illumination study and a visual impact study.
11.11 The maximum number of billboards in the City shall not exceed the official
population of the City divided by 625.
11.12 The City in each calendar year may approve a maximum of 10 permits for billboards
at new locations not currently containing billboards subject to the provisions of
section 11.9 which shall supercede this section such that the total number of
billboards within the City shall never exceed the number specified the calculation
described in section 11.9.
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12.0 BANNERS, PORTABLE SIGNS AND TEMPORARY
SIGNS
Banners, Portable Signs and Temporary Signs shall conform to the
g e followingregulatlons:
12.1 Banners
12.1.1 Not more than two (2) banners shall be placed on a single gle pole.
12.1.2 The maximum area of a banner shall be 2.5 square metres.
s.
12.1.3 The minimum distance between any part of a banner and p d the grade shall
be 2.7 metres.
12.1.4 A sign permit authorizing the erection, display la or maintenance y nce ofa banner,
that permit shall authorize that owner to erect, display or maintain p y ain any
number of banners of the same design erected, displayed or maintained
ned �n
the same manner.
12.2 Portable Signs and Temporary Signs
12.2.1 (1) A sign permit to erect, display, or maintain a portable or temporary
sign shall have a maximum term of no more than 30 days.
(2) No more than four (4) permits for a portable or temporary sign shall
be issued to the same business per calendar year.
(3) The total number of days of erection, display or maintenance
authorized by the four (4) permits described in sub section 12.2.1
shall not exceed 120 days per calender year.
12.2.2 The maximum height of a portable or temporary sign is 1.8 metres.
12.2.3 A portable or temporary sign shall have no more than two (2) sign faces.
12.2.4 The maximum sign area of an individual sign face of a portable or
temporary sign shall be 3.0 square metres.
12.2.5 Where a portable or temporary sign has two (2) sign faces the sum of the
sign area of the two (2) sign faces shall be no more than 6.0 square metres.
12.2.6 (1) Notwithstanding the number of occupancies in a premises, a
maximum of one (1) portable or temporary sign per 15 metres of
frontage shall be displayed along a street frontage of a property.
(2) No portable sign shall be erected, displayed or maintained within 15
metres of another portable sign.
Table 5
Readograph Sign Area
Sign District
Maximum Area of
Readograph
Fallsview District
50 of maximum sig n area
Clifton Hill District
100 of maximum sig n area
Lundy's Lane District
50 of maximum sign area
Whirlpool District
15 of maximum sign area
Commercial/Industrial Districts
15 of maximum sign area
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12.2.7 A portable or s
temporary sign shall be located as specified in the drawings
submitted by the applicant to obtain the permit for that portable sig n.
12.2.8 A portable or temporary sign shall be secured firmly to the ground to
prevent any movement or tipping of the sign.
12.2.9 A portable or temporary sign shall not be animated in any manner and
shall contain no mechanically or wind driven moving parts.
12.2.1 0 Streamers, flags, or flashing lights shall not be attached to a p ortable or
temporary sign.
12.2.11 A portable or temporary sign shall contain no flashing lights or
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animation.
12.2.12 Without limiting in any way the effect of sub-section 3.6.1(e) a portable
or temporary sign shall not be located in or obstruct a parking space that
is required to enable the premises upon which the portable or temporary
sign is located to comply with the requirements of a City of Niagara Falls
Zoning By -law.
12.2.13 Without limiting in any way the effect of sub-section 3.6.1(a) portable or
temporary sign shall not be located on any street or public property.
13.0 READOGRAPH SIGNS
A readograph sign shall conform to the following regulations:
13.1 A readograph sign may be incorporated into any ground, fascia, or roof sign
permitted by this By -law in the Sign Districts listed in Table 5 below and is subject
to the accompanying restrictions.
13.2 T1 message or animation of an electronic reado ra. h si shall cycle at a
g p sign y an
interval of not less than six (6) seconds.
13.3 For the purposes of this By -law the installation of a readograph sign on an existing
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sign of another type shall be considered the erection of a new sig n.
14.0 PROJECTED IMAGE SIGNS
Projected image sign shall conform to the following regulations:
14.1 Above Ground Projected Image Sign
14.1.1 An above ground projected image sign shall be projected onto a building
face by a projector located on the same property.
14.1.2 For the purpose of calculating the maximum sign area permitted on a
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particular building face, an above ground projected image sign shall be
deemed to be a wall sign.
14.1.3
14.1.4
14.1.5
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The image projected by an above ground projected image sign shall be
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displayed for an interval of not less than six (6) seconds.
An application for an above ground projected sign shall include a visual
impact study, an illumination study, and the written authorization of the
owner of the property or building onto which the sign will be projected.
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The projector used to project the above ground projected image sign shall
be incorporated into its surroundings and shall not interfere with the
reasonable use of any neighbouring premises or street.
14.2 On Ground. Projected Image Signs
14.2.1 An on- ground projected image sign shall be projected onto a horizontal
ground plane surface by a projector located on the same premises.
14.2.2 The image projected by an above ground projected image e sin shall be
p J g sign
for an interval of not less than six (6) seconds.
14.2.3 An application for an on-ground projected sign shall include visual
p j g a visual
impact study, an illumination study, and the written authorization of the
owner of the property or building onto which the sign will be projected.
14.2.4 The projector used to project an on- ground projected image sign shall be
incorporated into its surroundings and shall not interfere with the
reasonable use of any neighbouring premises or street.
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15.0 TOURIST HOMES SIGNS
Tourist Home signs shall conform to the following regulations:
15.1 A Tourist Home may have a maximum of one (1) sign.
15.2 A Tourist Home sign may be a ground sign or a projecting sign.
g n.
15.3
A Tourist Home sign shall not be erected in a rear yard or an internal side yard such
yards to be determined in accordance with the provisions of any Zonin g By-law y-law of
the City of Niagara Falls that applies to the subject Tourist Home.
15.4 No part of a ground sign on a Tourist Home premises shall be located within 3.0
metres of a streetline.
15.5 No part of a ground sign on a Tourist Home premises shall be located within 1.8
metres of a side property line.
15.6 A projecting sign for a Tourist Home shall be attached to the front wall of the
premises.
15.7 The maximum area of a ground sign shall be 3.0 square metres.
15.8 The maximum area of a projecting sign shall be 1.5 square metres.
15.9 The maximum height of a ground sign shall be 3.0 metres.
16.0 POSTERS
Posters shall conform to the following regulations:
16.1 No person shall erect, place or display a poster on public property other than a
community bulletin board.
16.2 The community bulletin boards shall be located as set out in Schedule "B" to this
By -law.
16.3 The maximum area of a poster shall be 0.28 squares metres.
16.4 A maximum of one (1) poster concerning a particular topic may be placed on a
community bulletin board at any one time.
16.5 A poster may not be located so as to obstruct or cover any other poster.
16.6 Posters shall be erected, placed or fastened on the community bulletin board only
by means of thumb tacks, pins, or tape.
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16.7 City Staff may remove any poster that does not comply with these regulations.
16.8 City Staff shall remove all posters from community bulletin boards on the last day
of each month.
IV. VARIANCES AND AMENDMENTS
17.0 VARIANCES
17.1 Council hereby delegates the authority to grant minor variances to this By-law to the
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Director of Planning and Development.
17.2 An application for variance from the provisions of this By -law shall be made to the
Director of Planning and Development on the appropriate form and shall be
accompanied by the fee prescribed by the City.
17.3 The Planning Department shall prepare a report for the consideration of the Director
of Planning and Development, that provides for an assessment of the application, pp tion, the
reasons for the variance and a recommendation to the Committee.
17.4 The Director of Planning and Development shall give notice of his intention to
consider the application not less than ten (10) days before the day of his decision with
respect to the application.
17.5 Notice of the application shall be given to the applicant, all registered owners of
property within 60 metres of the property subject of the application and to any
appropriate agency or authority.
17.6 The notice shall identify the subject premises, state the date scheduled for the
decision, provide a brief description of the proposed variance and particulars of how
to make representations to the Director of Planning and Development concerning the
proposed variance.
17.7 The applicant shall post a sign, provided by the Director of Plannin g and
Development, on the premises identifying the subject premises, stating the date
scheduled for the decision, a brief description of the proposed variance, and the
particulars of how to make representations to the Director of Plannin g and
Development concerning the proposed variance.
17.8 If the applicant does not correspond with the Director of Planning and Development,
the Director of Planning and Development may proceed in the absence of the
applicant and the applicant will not be entitled to further notice in the roceedin.
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17.9 The Director of Planning and Development authorize a variance from the
ma athi i he
provisions of this By -law, if in the opinion of the Director of Plannin g and
Development:
(a) it is desirable;
(b) it is minor in nature;
(c) that the general intent and purpose of this By -law is maintained; and
(d) the general intent and purpose of the Official Plan is maintained.
17.10 In considering an application for the variance, the Director of Plannin g and
Development shall have regard for:
(a) special circumstances or conditions applying to the lot, building or use
building, to in the application;
(b) whether strict application of the provisions of this By -law in the context of
the special circumstances applying to the lot, building, or use, would result
in practical difficulties or unnecessary and unusual hardshi p for the
applicant of a type and nature inconsistent with the general intent and
purpose of this By -law and the Official Plan;
(c) whether such special circumstances or conditions are pre existing and not
created by the owner or applicant;
(d) whether the sign that is subject of the variance will alter the essential
character of the area in which it is located; and
(e) the four tests applied in the evaluation and determination of minor
variances pursuant to the Planning Act, R.S.O. 1990 c. P. 13 as amended.
17.11 In the event that:
(a) Council withdraws its delegation of authority with respect to a particular
variance; or
(b) The Director of Planning and Development refuses to grant the minor
variance
the application will be dealt with as an amendment application with all necessary
changes in detail.
18.0 AMENDMENTS
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18.1 Where a proposed sign fails to meet f the any o p rovisions of clauses (a), (b), (c), (d) or (e) of section 17.10 of this By -law as determined by the Director of Planning
g and
Development or where a proposed sign is not permitted by this By-law, the applicant
Y Y pp scant
shall make application for an amendment to this by:
By-law b
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(a) filing an application on the form provided with the Planning and
nd
Development Department;
(b) submitting the appropriate fees; and
(c) submitting any plans, drawings, documents or studies that may be deemed
med
necessary to assess the application.
18.2 The Director of Planning and Development shall prepare a report o
p p p rt for the
consideration of Council, that provides an assessment of the application, the reasons
pp
and appropriateness of the proposed amendment and a recommendation to Council.
18.3 At least one (1) public meeting shall be held.
18.4 Notice of a public meeting shall be given to the applicant, all registered owners pp g w ers of
property within 120 metres of the property subject of the application and to any
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appropriate agency or authority not less than 20 days before the day of the public
meeting.
18.5 The applicant shall post a sign, provided by the Planning and Development
Planning pment
Department, on the property stating the date, time and location of the public meeting
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and a brief description of the requested amendment.
18.6 If the applicant does not attend the public meeting, Council may proceed in
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absence of the applicant and the applicant will not be entitled to further notice in the
proceeding.
18.7 In considering an application for an amendment, Council shall have regard for, with
all necessary modification, clauses (a), (b), (c), (d) and (e) of section 17.10 of this
By -law.
18.8 Council may impose such conditions upon the granting of an amendment as it deems
s
appropriate in the public interest.
18.9 Council may uphold, vary or refuse the recommendation of the Director of Planning
and Development. The applicant shall not be entitled to a further hearing on the
matter before Council and the decision of Council on the application shall be final.
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V. PENALTIES AND ENFORCEMENT
19.0 PENALTIES AND ENFORCEMENT
19.1 No person shall:
(a) erect, locate or display a sign without a permit if a permit is required under
q
this By -law for that sign;
(b) erect, locate or display a sign for which a permit has been obtained except
in accordance with the approved plans and drawings submitted as part of
the permit application;
(c) erect, locate or display a sign in a manner that is not in accordance with the
regulations of this By -law or the conditions of any variance granted under
this By -law;
(d) erect, locate or display a sign of a type which is not specifically permitted
under this By -law;
(e) erect, locate or display a sign which is on or overhangs public property;
(f) fail to comply with an order issued pursuant to section 19.6 of this By -law.
19.2 Every person who contravenes any provision of this By -law or an order issued
pursuant to section 19.6 of this By -law is guilty of an offence and upon conviction,
subject to the penalties and sanctions provided by provincial law for such an offence.
19.3 Where a person has been convicted of an offence, the court in which the conviction
has been entered and any court of competent jurisdictions thereafter may, in additions
to any other remedy or penalty provided for by law, make an order prohibiting the
continuation or repetition of the offence by the person convicted.
19.4 Where a sign is erected or displayed on, over, partly on, or partly over property
owned by or under the jurisdiction of the City, such sign may be removed
immediately by the City without notice.
19.5 Where a sign is erected or displayed in contravention of this By -law, the Director of
Building and By -law Services or his designate, may immediately pull down or
remove any sign that he determines constitutes a safety hazard or concern.
19.6 Where a sign erected on private property does not comply with this By -law or a
permit issued under this By -law, the Director of Building and By -law Services or his
designate, may by order, require the owner to bring the sign into conformity in the
g g tY
manner and within the time specified in the order.
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19.7 Any order required under this By -law may be given b y
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(a) personal service upon the party being served, p y g rued, or
(b) prepaid registered mail sent to the last address of the party being rty ing served,
shown on the records of the City, or
(c) prominently posting a copy of the order either on the sign in respect spect of
which the order is given, or on the land upon which the sign is located.
19.8 If the owner does not comply with an order iven under this By-law within g y ithin the time
specified in the order, the Director of Building and By-law -law Services or his designate,
esignate,
may order the owner to remove the sign and restore the roe and building i
property building in the
manner and within the time specific in the order.
19.9 Any order required under this By -law may be iven b
g by:
personal service upon the party being served, or
(b) prepaid registered mail sent to the last address of the art being y g served,
shown on the records of the City, or
(c) prominently posting a copy of the order either on the sign in respect g p of
which the order is given, or on the land upon which the sig n is located.
19.10 Where the order is served in accordance with the rovisions By-law, p of this By law, it is
deemed to have been received by the party being served upon the mailing or
p g posting
of the order.
19.11 Where a sign is not removed or a property and building are not restored required
as required
by an order issued under this By -law, the Director of Building nd By-law Services
y rvices
or his designate, may have the sign removed and the ro e and building p �Y g restored.
For this purpose, the Director, his designate, or a contractor or other agent may enter
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upon the property and premises at any reasonable time.
19.12 The costs of removing the sign and restoring the property or building may p p y g y be
recovered by adding those costs to the tax roll to be collected in the same manner as
taxes.
19.13 Any sign removed by the City shall be stored by the City fo r 30 days, during which
t3' Y ng which
time the owner may redeem the sign upon payment of the applicable fee prescribed
by the City.
19.14 Where a sign has been removed by the town and stored for a eriod of 3 0 days ys and
has not been redeemed by the owner, the City may destroy or otherwise dispose
Y y of
the sign after 30 days without notice or compensation to the owner.
20.0 CONFLICT
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20.1 Where a provision of this By -law conflicts with any other By-law, the By-law
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containing the higher standard shall prevail.
21.0 VALIDITY
21.1 If a Court of competent jurisdiction declares any section or part of a section of this
By -law invalid, it is the intention of Council that the remainder of the By-law y w shall
continue to be in force.
22.0 REPEAL
22.1 By -law No. 6661, as amended is hereby repealed effective the date of the assin of
this By -law.
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Passed this ninth day of July, 2007.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
July 9, 2007
July 9, 2007
July 9, 2007
SCHEDULE "B"
Community bulletin board locations:
1. City Hall Square 4300 Queen Street, Niagara Falls
2. MacBain Community Centre 7150 Montrose Road, Niagara Falls
3. Niagara Falls Memorial Arena 5145 Centre
Street, Niagara Falls
4. Stamford /Jack Bell Arena 6570 Frederica Street, Niagara Falls
lls
5. Chippawa Willoughby Memorial Arena 9000 Sodom Road, Niagara Falls
6. Oakes Park 5700 Morrison Street, Niagara Falls
7. M.F. Ker Park 3420 Sinnicks Avenue, Niagara Falls
8. E.E. Mitchelson Park 3 750 3 800 Springdale Avenue Niagara gara Falls
CITY OF NIAGARA FALLS
By -law No. 2007
A by -law to authorize the execution of a Letter of Intent with Ainsworth Inc. respecting an Energy
Services Performance Contract to reduce energy and operating operatin costs.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA
FALLS ENACTS
AS FOLLOWS:
1. A Letter of Intent made between Ainsworth Inc. and The Corporation City of the City of Niagara
Falls, respecting an Energy Services Performance Contract to reduce energy and operating
costs at various City facilities, whereby Ainsworth will design, install and commission
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energy conservation measures, procure the capital resources necessary to implement the
project and guarantee the p
p J gu resulting energy savings, as attached hereto, is hereby approved and
authorized.
hereby pp
2. The Mayor and Clerk are hereby authorized to execute the said Agreement.
g Bement.
3. The Clerk is hereby authorized to affix the corporate seal thereto deliver and to deliver the said
Agreement.
Passed this ninth day of July, 2007.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
July 9, 2007
July 9, 2007
July 9, 2007
Letter of Intent
e AINSWORTH
The City of Niagara Falls and Ainsworth Inc. "Ainsworth intend to enter into an Energy Services
Performance Contract to reduce energy and operating costs at a portfolio of buildings as detailed in
Appendix A. This is an arrangement whereby Ainsworth will design, install, and commission energy
conservation measures, procure the capital resources necessary to implement the project and guarantee
the resulting energy savings.
This Letter of Intent "LOI is to demonstrate the commitment of both parties to move promptly to
commence with the project and to negotiate in good faith the terms of a possible contract.
Upon acceptance of this LOI, Ainsworth will proceed with the completion of a feasibility study that
will detail the specific measures, project costs, achievable savings and methodology to monitor and
verify the savings. The cost to complete this feasibility study is $12,000.00 GST.
Upon the completion of the feasibility study, the cost of the feasibility study will be addressed as
follows:
If the City of Niagara Falls elects to proceed with the implementation of the project,
then the cost of the feasibility study will be incorporated into the Total Project Cost.
If Ainsworth exceeds a Simple Payback of greater than 6.5 years, the City of Niagara
Falls can elect not to proceed with the project and will not be charged for the feasibility
study.
If Ainsworth meets the Simple Payback of 6.5 years or less and the City of Niagara
Falls elects not to proceed with the project, then the City of Niagara Falls will be billed
for the cost of the feasibility study.
Upon payment by The City of Niagara Falls to Ainsworth Inc. of the cost of the study,
the study and its contents shall become the property of the City of Niagara Falls.
The Simple Payback will be defined as:
Simple Payback
Total Project Cost
Total Annual Operating and Energy Savings
The "Total Project Cost" is defined as the expenditures incurred by the Energy Management Firm
(Ainsworth) in connection with the implementation of the improvements including: all materials,
equipment, labour and subcontracts and other project costs including the feasibility study, engineering,
project management, expenses, commissioning and training and awareness.
Grants and incentives will be applied directly by the City and received directly by the City in order y y er to
help reduce the payback period and will not be applied to the Total Project Cost.
Upon completion of the implementation of the project, Ainsworth will provide an annual savings
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guarantee to the City of Niagara Falls for the duration of the guarantee period. This guarantee will
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be reconciled on an annual basis.
It is expressly agreed and understood among the parties that the document and all negotiations and
representations that have or will take place before and after the execution of this document will not
in any way shape or form obligate the Corporation of the City of Niagara Falls to enter into any form
of contract.
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In particular, without in any way limiting the generality of the preceding paragraph, Ainsworth Inc.
gp ara g ra g p
acknowledges and agrees that the maximum value of this letter of understanding to Ainsworth Inc. is
twelve thousand Canadian dollars
Accepted by (with the authority to bind):
The City of Niagara Falls
Date:
Name: Ted Salci
Title: Mayor
Signature:
Date:
Name: Dean iorfida
Title: Clerk
Signature:
--2—
Ainsworth Inc.
Date: June 27, 2007
Name: Peter Grabner
Title: Vice Pr ident Commercial
Signature:
Facilities to be included in Feasibility Study:
1. City Hall
2. Service Centre
3. Library
4. Chippawa Arena
5. Transit Building
—3—
Appendix A
CITY OF NIAGARA FALLS
By -law No. 2007-
A by -law to amend By -law No. 79 -200, to permit a comprehensive multiple le unit residential
p residential
development and prestige industrial development on the land subject to holding provisions.
g p ons.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS
AS FOLLOWS:
1. Sheets C1 and C2 of Schedule "A" to By -law No. 79 -200 are amended by redesignating y esignating from
EI to R5D(H) and numbered 781 in part, R4(H) and numbered 782 in art and PI(H) and
p numbered 783
in part, the land on the west side of Stanley Avenue, north of Portage Road, being Part of Township
g Township
Lots 17 and 24, together with the Road Allowance between Township Lots 17 and 24 (closed p by By -law
Nos. 2263, 1958 and 2007 -43) and together with a Right-of-Way over Grand y d Trunk Railway
(Queenston Quarry Branch), all in the former Township of Stamford, now in the City City of Niagara Falls,
in the Regional Municipality of Niagara and shown hatched and designated R5D(H) (H) and numbered 781
in part, R4(H) and numbered 782 in part and PI(H) and numbered 783 in part on the plan p p Schedule 1,
attached to and forming part of this by -law.
2. Notwithstanding the provisions of sections 2.31, 2.31.8 2.31.9 7.13.1 and
7.13.2 of By -law No.
79 -200, no person shall use the land described in section 1 of this by-law and
y shown hatched and
designated R5D(H) and numbered 781 on the plan Schedule 1 attached hereto, to, or erect or use any
building or structure thereon, except for the purpose of apartment dwellings,
p townhouse dwellings and
accessory buildings and accessory structures, and except in compliance with the following
p g regulations.
(a) Regulations for the ur o s e of determining
p o determining
compliance with clauses (b) through to
and including (p) of this section of this
by -law and all other provisions of Zoning
By -law No. 79 -200, notwithstanding land
ownership, all the land described in
section 1 of this by -law and shown
hatched and designated R5D(H) and
numbered 781 on the plan Schedule 1
attached hereto, shall be considered one
lot
(b) Minimum lot area the whole of the land shown hatched and
designated R5D(H) and numbered 781 on
the plan Schedule 1 attached hereto
(c) Minimum front yard depth
(i) for an apartment dwelling 30 metres
(ii) for a townhouse dwelling 18 metres
-2-
(d) Minimum rear yard depth
(i) for an apartment dwelling one half the height of the building
(ii) for a townhouse dwelling 6 metres
(e) Minimum side yard width one half the height of the building
(f) Maximum lot coverage 30%
(e)
Maximum height of building or
structure
(i) for an apartment dwelling 37 metres subject to section 4.7 of By-
Y
law No. 79 -200
(ii) for a townhouse dwelling
(h) Minimum distance between two exterior 6.5 metres
walls facing each other and both of
which contain windows for habitable
rooms
(i) Maximum number of dwellings on one
lot
(i) apartment dwellings 2
(ii) townhouse dwellings 4
(j) Maximum number of dwelling units
(i) for all apartment dwellings 240
combined
(ii) for all townhouse dwellings 24
combined
(k) Parking and access requirements
(m) Minimum landscaped open space 45% of the lot area
10 metres subject to section 4.7 of By-
law No. 79 -200
in accordance with section 4.19.1 of By-
law No. 79 -200
(1) Accessory buildings and accessory in accordance with sections 4.13 and 4.14
structures of By -law No. 79 -200
(c)
(d)
(e)
(0
-3-
(n) Additional regulations for townhouse in accordance with section 7.9.3 of By
dwellings law No. 79 -200
(o) Minimum building setback from the CN 30 metres
Railway right -of -way
(p) Minimum setback from a private street
(i) for a townhouse dwelling unit or 2 metres
an apartment dwelling
(ii) for the garage portion of a 6 metres
townhouse dwelling unit
(iii) for all other buildings and 3 metres
structures
3. Notwithstanding the provisions of sections 2.31, 2.31.8, 2.31.9 7.9.1 clauses
and (e) of section 7.9.2 and clause (c)(iii) of section 7.9.3 of By-law No. 79-200, no
Y person shall use
the land described in section 1 of this by -law and shown hatched and designated nated R
g R4(H) and numbered
782 on the plan Schedule 1 attached hereto, or erect or use any buildin. or structure thereon, r
Y g e eon, except for
the purpose of townhouse dwellings, semi- detached dwellings, s and accessory buildings g ry dings and accessory
structures, and except in compliance with the following regulations:
(a) Regulations
(b) Minimum lot area
Minimum front yard depth
Minimum rear yard depth
Minimum side yard depth
Minimum distance between two exterior
walls facing each other and both of
which contain windows for habitable
rooms
for the purpose of determining
compliance with clauses (b) through to
and including (i) of this section of this
by -law and all other provisions of Zoning
By -law No. 79 -200, notwithstanding land
ownership, all the land described in
section 1 of this by -law and shown
hatched and designated R4(H) and
numbered 782 on the plan Schedule 1
attached hereto, shall be considered one
lot
the whole of the land shown hatched and
designated R4(H) and numbered 782 on
the plan Schedule 1 attached hereto
18 metres
6 metres
7.5 metres
6.5 metres
(h) Accessory buildings and accessory in accordance with sections 4.13 and 4.14
structures of By -law No. 79 -200
(g) Maximum number of dwelling units 12
-4-
(i) Minimum setback from a private street
(i)
for a townhouse dwelling unit or 3 metres
semi detached dwelling unit
(ii) for the garage portion of a 6 metres
townhouse dwelling unit or a
semi detached dwelling unit
(iii) for all other buildings and 3 metres
structures
4. The holding symbol that appears in sections 1, 2 and 3 of this by -law and on Schedule 1 attached
hereto is provided for in the City of Niagara Falls Official Plan pursuant to Section 36 of the Planning
Act. No person shall use the land described in section 1 of this by -law and shown hatched and
designated R5D(H) and numbered 781 and shown hatched and designated R4(H) and numbered 782
on the plan Schedule 1 attached hereto for any purpose, prior to the H symbol being removed pursuant
to the Planning Act. Prior to the H symbol being removed, the following shall be completed:
(a) Closure and rehabilitation of the aggregate mining pits on the lands to the satisfaction
of the Regional Municipality of Niagara and the Ministry of Natural Resources.
(b) Provision of adequate stormwater facilities, as demonstrated through the appropriate
studies and implemented through a subdivision, condominium or site plan agreement,
to the satisfaction of the City and the Regional Municipality of Niagara.
(c) Provision of adequate noise mitigation measures along the adjacent railway line and
industrial areas to the satisfaction of the City, the Regional Municipality of Niagara ara and
g p ty g
CN Railway, as demonstrated through the appropriate studies and implemented through
a subdivision, condominium or site plan agreement.
(d) Execution of an agreement between the owner of the lands and Hydro One Networks
securing a driveway to Portage Road.
(e) Provision of improvements to surrounding roads, as demonstrated in a traffic study, to
the satisfaction of the City and the Regional Municipality of Niagara and implemented
through the appropriate development agreement.
(fl Completion of a dust study, to ensure there are no adverse impacts from aggregate
mining pits on adjacent lands, to the satisfaction of the City and the Regional
Municipality of Niagara.
-5-
5. The holding symbol that appears in section 1 of this by-law and on Schedule 1 attached ed hereto
is provided for in the City of Niagara Falls Official Plan ursuant to Section 36 of the Planning
p arming Act.
No person shall use the land described in section 1 of this by-law and shown hatched and d designated
PI(H) and numbered 783 on the plan Schedule 1 attached hereto for any purpose, prior to the p rp p he H symbol
being removed pursuant to the Planning Act. Prior to the H symbol being removed, the following Y g lowing shall
be completed:
(a) Provision of adequate stormwater facilities, as demonstrated through the appropriate
g
studies and implemented through a subdivision, condominium or site a lan agreement.
p
6. For the purpose of this by -law:
"lot" means a parcel of land which has been attached to a registered comm
common element
condominium corporation or created by a plan of condominium, as provided for i
p in the
Condominium Act, 1998, and which has frontage on a street or a private street, in addition t hi p ditlon to
the meaning ascribed to this term within By -law No. 79 -200.
"private street" means a street created by a plan of condominium which affords a
principal
means of access to abutting lots and which has been constructed in such a manner so
as to
permit its use for the passage of vehicular traffic on a year round basis.
"front lot line" means, in the case of the land subject to section 2 of this by-law, line
,the lot line
running along the southerly extent of the land described in section 1 of this by-law, south of the
o
former railway right -of -way, and shown hatched and designated R5D H and numbered bered 781 on
the plan Schedule 1 attached hereto, and shall mean, in the case of the land subject section
to section
3 of this by -law, the lot line running along the easterly extent of the land described in din section
1 of this by -law, east of the former railway right-of-way, and shown hatched and nd designated
R4(H) and numbered 782 on the plan Schedule 1 attached hereto.
"rear lot line" means, in the case of the land subject to section 2 of this by-law, line
yaw, the lot line
running along the northerly extent of the land described in section 1 of this by-law and
y shown
hatched and designated R5D(H) and numbered 781 on the plan Schedule 1 attached p ttached hereto, and
shall mean, in the case of the land subject to section 3 of this by-law, the lot line ne running along
the westerly extent of the land described in section 1 of this by-law and
y shown hatched and
designated R4(H) and numbered 782 on the plan Schedule 1, attached hereto.
7. Section 19 of By -law No. 79 -200 is amended by adding thereto to the Y g following:
19.1.781
Notwithstanding the provisions of sections 2.31, 2.31.8 2.31.9 7.13.1 and
7.13.2 of By -law No. 79 -200, no person shall use the land located on the west
side of Stanley Avenue, north of Portage Road, designated R5D H
g and
numbered 781 on Sheets C1 and C2 of Schedule "A or erect or use any
building or structure thereon, except for the purpose of apartment dwellings,
s p g
townhouse dwellings, and accessory buildings and accessory structures, and
except in compliance with By -law No. 2007-
19.1.782
19.1.783
Passed this ninth day of July, 2007.
Notwithstanding the provisions of sections 2.31, 2.31.8, 2.31.9, 7.9.1, clauses
(a), (b), (c), (d) and (e) of section 7.9.2 and clause (c)(iii) of section 7.9.3 of B
y
law No. 79 -200, no person shall use the land located on the west side of Stanley
Avenue, north of Portage Road, designated R4(H) and numbered 782 on Sheets
C 1 and C2 of Schedule "A or the erect or use any building or structure thereon,
except for the purpose of townhouse dwellings, semi detached dwellings, and
accessory buildings and accessory structures, and except in
compliance with B
p y
law No. 2007-
First Reading:
Second Reading:
Third Reading:
No person shall use the land described in section 1 of this by -law and shown
hatched and designated PI(H) and numbered 783 on Sheet Cl of Schedule "A
or erect or use any building or structure thereon, except in compliance with By-
law No. 2007-
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
July 9, 2007
July 9, 2007
July 9, 2007
-6-
SCHEDULE 1 TO BY -LAW No. 2007-
Subject Land
Amending Zoning By -law No. 79 -200
Description: Part of Township Lots 17 and 24, together with the Road Allowance
Between Township Lots 17 and 24 (closed by By -law Nos. 2263, 1958 and 2007 -43)
and together with a Right-of-Way over Grand Trunk Railway (Queenston Quarry
Branch), all in the former Township of Stamford, now in the City of Niagara Falls, in
the Regional Municipality of Niagara
Applicant: 1251600 Ontario Limited
Assessment 272510000200900
KAGIS Requests\ 20051 Schedules lzoningAKAM -241mapping.map
1:NTS
AM- 24/2005
May 2007
CITY OF NIAGARA FALLS
By -law No. 2007
A by -law to authorize the payment of $22,087,243.39 for General
Purposes.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA. FALLS ENACTS
AS FOLLOWS:
That the City Treasurer is hereby authorized and directed to a list y the attached list of disbursements
for the period beginning May 30, 2007 to June 26, 2007.
Passed this ninth day of July 2007.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
July 9, 2007
July 9, 2007
July 9, 2007
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
1019536 ONTARIO INC
1083246 ONTARIO LIMITED
1083278 ONTARIO LIMITED
1137754 ONTARIO INC
1149948 ONTARIO LTD
1184436 ONTARIO LTD
1184485 ONTARIO INC
1184521 ONTARIO LTD
1184538 ONTARIO LIMITED
1238838 ONTARIO LIMITED
1254225 ONTARIO INC
1372744 ONTARIO LTD
151702 CANADA INC
1568329 ONTARIO INC
1578891 ONTARIO LIMITED
1623565 ONTARIO LIMITED C/O AUBREY ZIDENBERG
1660708 ONTARIO INC
1683057 ONTARIO LTD
1712092 ONTARIO INC
2088937 ONTARIO INC.
2094204 ONTARIO LTD
2095527 ONTARIO LTD
367359 ONTARIO LTD
464586 ONTARIO LTD :O /A LITE BROS LTD
547554 ONTARIO LIMITED
550857 ONTARIO LTD
603755 ONTARIO INC
705336 ONTARIO LIMITED
730854 ONTARIO INC
775657 ONTARIO INC
786 HAMDANI LTD
788894 ONTARIO LIMITED
816027 ONTARIO LIMITED
886995 ONTARIO LTD
984265 ONTARIO LTD aka CIRCLE P PAVING
A C ENVIRONMENTAL SERVICES
A J STONE COMPANY LTD
A J STONE COMPANY LTD
ACCOUNTANT OF SUPERIOR COURT OF JUSTICE
ACCOUNTANT OF SUPERIOR COURT OF JUSTICE
ACCOUNTANT OF SUPERIOR COURT OF JUSTICE
ACCU LOCK AND SECURITY
ACCU LOCK AND SECURITY
ACTION CORPORATION
AFFILIATED CUSTOMS BROKERS LTD
AFFILIATED CUSTOMS BROKERS LTD
AGNOLETTO,LOUIE
AIR CARE SERVICES
AIR CARE SERVICES
AIR CARE SERVICES
AIR LIQUIDE CANADA INC
AL UNIFORM SERVICES LTD
ALBANESE,LORI
ALFIDOME CONSTRUCTION
ALFIDOME CONSTRUCTION
ALFRED BEAM EXCAVATION LTD
ALISON'S SPORTS AWARDS
ALL PRO RENTALS
ALTUS DERBYSHIRE
AMALGAMATED TRANSIT UNION #1582
AMALGAMATED TRANSIT UNION #1582
AMALGAMATED TRANSIT UNION #1582
ANGER,RONALD
ANNEX PUBLISHING BOOK DIVISION
ANSLOW,RICHARD
ANTHONY'S EXCAVATING AND ELCHO FARMS INC
ANTONIO,CHUCK
ARAMARK REFRESHMENT SERVICES
ARBOUR,SUSAN
ARCHAEOLOGICAL SERVICES INC
ARCHER TRUCK CENTRE WELLAND LTD
ARCHER TRUCK CENTRE WELLAND LTD
Che. ue No.
Che ue Date Pur. ose
Page 1of
311142 05 -Jun -2007 TAX REFUND
311143 05 -Jun -2007 TAX REFUND
311144 05 -Jun -2007 TAX REFUND
311145 05- Jun -2007 TAX REFUND
311146 05- Jun -2007 TAX REFUND
311147 05- Jun -2007 TAX REFUND
311148 05- Jun -2007 TAX REFUND
311149 05 -Jun -2007 TAX REFUND
311150 05 -Jun -2007 TAX REFUND
311151 05 -Jun -2007 TAX REFUND
311152 05 -Jun -2007 TAX REFUND
311153 05 -Jun -2007 TAX REFUND
311154 05- Jun -2007 TAX REFUND
311155 05 -Jun -2007 TAX REFUND
311729 26 -Jun -2007 SERVICES
311156 05 -Jun -2007 TAX REFUND
311157 05- Jun -2007 TAX REFUND
311158 05- Jun -2007 TAX REFUND
311730 26 -Jun -2007 REFUND
311159 05- Jun -2007 TAX REFUND
311160 05- Jun -2007 TAX REFUND
311161 05- Jun -2007 PERMIT REFUND
311162 05- Jun -2007 TAX REFUND
311163 05- Jun -2007 LIGHTING SUPPLIES
311164 05- Jun -2007 TAX REFUND
311165 05- Jun -2007 TAX REFUND
311166 05 -Jun -2007 TAX REFUND
311167 05- Jun -2007 TAX REFUND
311168 05- Jun -2007 TAX REFUND
311169 05 -Jun -2007 TAX REFUND
311170 05 -Jun -2007 TAX REFUND
311171 05- Jun -2007 TAX REFUND
311172 05 -Jun -2007 TAX REFUND
311173 05 -Jun -2007 TAX REFUND
311431 12- Jun -2007 CONTRACT SERVICES
311175 05 -Jun -2007 MATERIALS
311177 05- Jun -2007 MATERIALS
311403 12- Jun -2007 MATERIALS
311398 11 -Jun -2007 FUNDS -TAX SALE
311399 11 -Jun -2007 FUNDS -TAX SALE
311400 11- Jun -2007 FUNDS -TAX SALE
311174 05- Jun -2007 MAINTENANCE AND REPAIRS
311559 19 -Jun -2007 MAINTENANCE /REPAIRS
311732 26- Jun -2007 COMPUTER
311176 05- Jun -2007 BROKERAGE FEE
311401 12- Jun -2007 BROKERAGE FEE
311733 26- Jun -2007 FOOTWEAR ALLOWANCE
311402 12 -Jun -2007 MAINTENANCE/REPAIRS
311560 19- Jun -2007 MAINTENANCE /REPAIRS
311734 26 -Jun -2007 MAINTENANCE/REPAIRS
311735 26 -Jun -2007 MATERIALS
311181 05- Jun -2007 UNIFORMS
311404 12- Jun -2007 TRAVEUMILEAGE
311405 12 -Jun -2007 MAINTENANCE /REPAIRS
311561 19 -Jun -2007 CONTRACT SERVICES
311178 05 -Jun -2007 CONTRACT SERVICES
311562 19 -Jun -2007 SIGNS
311179 05 -Jun -2007 LEASES AND RENTS
311180 05 -Jun -2007 TAX REFUND
311406 12- Jun -2007 PAYROLL REMITTANCE
311563 19 -Jun -2007 PAYROLL REMITTANCE
311736 26 -Jun -2007 PAYROLL REMITTANCE
311737 26 -Jun -2007 FOOTWEAR ALLOWANCE
311182 05- Jun -2007 MATERIALS
311738 26- Jun -2007 FOOTWEAR ALLOWANCE
311183 05- Jun -2007 MAINTENANCE AND REPAIRS
311564 19- Jun -2007 TRAVEL/MILEAGE
311407 12- Jun -2007 OFFICE SUPPLIES
311408 12- Jun -2007 SUPPLIES
311565 19- Jun -2007 CONSULTING SERVICES
311184 05 -Jun -2007 STORES /INVENTORY
311409 12- Jun -2007 STORES /INVENTORY
Amount
4,706.34
540.55
580.31
632.58
5,196.37
10,291.73
14,953.37
10,987.13
3,776.16
2,950.68
78.00
610.99
215.18
8,295.00
12,500.00
3,484.35
12,378.04
4,319.77
750.00
828.03
5,942.37
750.00
559.92
76.61
3,124.84
703.50
2,049.88
1,391.17
1,970.58
1,880.49
1,663.82
7,485.20
322.77
2,491.53
322,872.42
271.42
264.36
100.40
76,694.44
16,025.39
9,288.83
8,906.50
92.34
94.03
54.51
84.22
20.00
226.84
542.99
2,122.42
10.60
73.82
156.00
4,146.55
427, 728.95
5,300.00
76.95
297.21
3,576.67
610.47
621.18
578.34
20.00
72.08
20.00
296.80
22.50
71.71
109.40
1,191.49
496.19
52.88
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
ARMSTRONG,ANDREW
ARMTEC LIMITED
ASSOCIATED ENGINEERING (ONT) LTD
AULPH,GARY
AUTOMOTIVE WAREHOUSE
AVENUE ROOTS
AVENUE ROOTS
AVIS CAR INC
BAIOCCO CONST CORP
BAIOCCO CONST CORP
BAKER TRANSIT PARTS INC
BARCLAY TODD'S
BARCLEY,MICHAEL
BARRETT,VICKY
BARROW,MAUREEN
BARRY BRYAN ASSOCIATES (1991) LTD
BATEMAN,DOLORES
BBP ENTERPRISES
BEATTIES BASICS
BEAUCHAMP,RANDY THOMAS
BEAULIEU,DIANNE
BEAULIEU,JULIETTE
BECK,GARY
BEL VOLT SALES LTD
BELL CANADA
BELL CANADA
BELL CANADA
BELL CANADA
BELL CANADA
BELL CANADA
BELL CANADA
BELL MOBILITY
BENISON INVESTMENTS LTD
BENNETT,CATHARINE
BERZINS,MARTIN
BETTY'S RESTAURANT
BHAN,SATISH
BIAMONTE,MARY
BIANCO,DOMENIC
BILLOO,SANYA
BIRD,LUCETTE
BIRMINGHAM,JOHN
BIRMINGHAM FIRE CONTROL
BISHOP,TOM
BLAYLOCK,MONICA
BOB ROBINSON SON CONSTRUCTION
BOBOROS,TERRY
BORDEN LADNER GERVAIS
BOUCHARD,JAMES
BOUW,JOHN
BOUW,JOHN
BOYS GIRLS CLUB OF NIAGARA
BOYS GIRLS CLUB OF NIAGARA
BRETHERICK,JAMES
BRIAN SINCLAIR PROFESSIONAL CORPORATION
BRIANT,ROBERT
BROCK AUTOMOTIVE
BROCKWAY PLAZA INC
BRODERICK PARTNERS
BRODERICK PARTNERS
BROMAC CONST ENG LTD
BROOKER,JOHN
BROWNS SEPTIC SERVICE LTD
BRUKLIS,GEORGE LIGVARS
BUNTIN REID
BUNTIN REID
BUNTIN REID
BURDEN,KEN
BURKE,ALICE
BURSE,PAMELA
BUTERA,ALDO TRUSTEE
BUTLER,DAVID
C N WATSON AND ASSOCIATES LTD
Page 2 of 11
Cheque No. Cheque Date Purpose Amount
311185 05- Jun -2007 MAINTENANCE AND REPAIRS 1,035.00
311566 19 -Jun -2007 MATERIALS 1 ,060.68
311567 19- Jun -2007 CONSULTING SERVICES 9,428.50
311739 26- Jun -2007 CANADA DAY ENTERTAINMENT 1,000.00
311568 19 -Jun -2007 MATERIALS 215.46
311411 12 -Jun -2007 CONTRACT SERVICES 5,372 24
311740 26- Jun -2007 FLOWER PLANTING 9,016 57
311569 19- Jun -2007 REFUND PARKING 15.00
311412 12- Jun -2007 CONTRACT SERVICES 561,709.95
311570 19 -Jun -2007 CONTRACT SERVICES 30,314.78
311741 26- Jun -2007 MATERIALS 493.09
311742 26- Jun -2007 OFFICE SUPPLIES 70.67
311743 26- Jun -2007 SERVICE DEPOSIT REFUND 874.40
311744 26 -Jun -2007 FOOTWEAR ALLOWANCE 20.00
311186 05 -Jun -2007 PERFORMANCE CHARGE 300.00
311745 26 -Jun -2007 CONSULTING SERVICES 20,1 24.55
311746 26- Jun -2007 FOOTWEAR ALLOWANCE 10.00
311747 26- Jun -2007 CANADA DAY ENTERTAINMENT 1,852.00
311748 26 -Jun -2007 OFFICE SUPPLIES 26.17
311749 26- Jun -2007 CANADA DAY ENTERTAINMENT 150.00
311571 19- Jun -2007 TUITION REIMBURSEMENT 323.30
311750 26 -Jun -2007 FOOTWEAR ALLOWANCE 20.00
311187 05 -Jun -2007 COMMITTEE FEE 40.00
311575 19 -Jun -2007 STORES /INVENTORY 369.36
311188 05 -Jun -2007 TAX REFUND 3,795.70
311189 05- Jun -2007 UTILITIES 86.21
311413 12 -Jun -2007 UTILITIES 9,267.29
311414 12- Jun -2007 UTILITIES 114.00
311415 12- Jun -2007 UTILITIES 79.85
311573 19- Jun -2007 UTILITIES 101.05
311751 26- Jun -2007 UTILITIES 449.96
311574 19 -Jun -2007 UTILITIES 342.33
311190 05 -Jun -2007 TAX REFUND 5,184.33
311753 26- Jun -2007 FOOTWEAR ALLOWANCE 20.00
311416 12- Jun -2007 COMMITTEE FEE REIMBURSEMEN 225.00
311576 19 -Jun -2007 MEETING EXPENSE 750.00
311754 26 -Jun -2007 LIVESTOCK CLAIM 150.00
311191 05- Jun -2007 PARKING REFUND 10.00
311417 12 -Jun -2007 SAFETY SHOES 150.00
311577 19- Jun -2007 AWARD 100.00
311755 26 -Jun -2007 FOOTWEAR ALLOWANCE 20.00
311756 26 -Jun -2007 CANADA DAY ENTERTAINMENT 350.00
311192 05 -Jun -2007 MATERIALS 110.46
311757 26 -Jun -2007 CANADA DAY ENTERTAINMENT 2,100.00
311578 19- Jun -2007 AWARD 100.00
311524 12- Jun -2007 EMERGENCY SERVICE CALL 795.00
311758 26- Jun -2007 FOOTWEAR ALLOWANCE 20.00
311579 19- Jun -2007 CONSULTING SERVICES 2,596.87
311759 26- Jun -2007 FOOTWEAR ALLOWANCE 5.00
311418 12 -Jun -2007 LIVESTOCK CLAIM 120.00
311760 26 -Jun -2007 LIVESTOCK CLAIM 60.00
311580 19- Jun -2007 DONATION 100.00
311581 19 -Jun -2007 GRANT 17,500.00
311761 26- Jun -2007 FOOTWEAR ALLOWANCE 20.00
311419 12- Jun -2007 REIMBURSE PAYMENT 3,400.00
311762 26 -Jun -2007 FOOTWEAR ALLOWANCE 20.00
311193 05- Jun -2007 STORES /INVENTORY 208.31
311194 05 -Jun -2007 TAX REFUND 6,489.95
311420 12- Jun -2007 CONSULTING SERVICES 17,585.15
311764 26- Jun -2007 LEGAL FEES 2,251.97
311583 19 -Jun -2007 CONSULTING SERVICES 136,709.04
311765 26- Jun -2007 SERVICE DEPOSIT REFUND 750.00
311421 12 -Jun -2007 MAINTENANCE/REPAIRS 416.80
311196 05- Jun -2007 TAX REFUND 560.60
311197 05 -Jun -2007 OFFICE SUPPLIES 1,867.03
311422 12 -Jun -2007 OFFICE SUPPLIES 360.96
311584 19 -Jun -2007 OFFICE SUPPLIES 723.27
'311766 26- Jun -2007 TRAVEUMILEAGE 215.00
311767 26 -Jun -2007 FOOTWEAR ALLOWANCE 10.00
311768 26- Jun -2007 FOOTWEAR ALLOWANCE 20.00
311198 05 -Jun -2007 TAX REFUND 977.92
311769 26- Jun -2007 FOOTWEAR ALLOWANCE 20.00
311434 12- Jun -2007 CONSULTING SERVICES 5,348.50
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
C R L CAMPBELL CONSTRUCTION DRAINAGE LTD
C R L CAMPBELL CONSTRUCTION DRAINAGE LTD
C R L CAMPBELL CONSTRUCTION DRAINAGE LTD
CAJA,SANDY
CAMPBELL,DAVID
CANADA CULVERT
CANADA LAW BOOK
CANADIAN BEARINGS LTD
CANADIAN DOOR DOCTOR
CANADIAN DOOR DOCTOR
CANADIAN FALLEN FIREFIGHTERS FOUNDATION
CANADIAN LINEN AND UNIFORM SERVICE
CANADIAN NATIONAL
CANADIAN NATIONAL RAILWAY
CANADIAN PACIFIC RAILWAY CO
CANADIAN PACIFIC RAILWAY CO
CANADIAN SAFETY EQUIPMENT INC
CANAL,DANIEL
CANAMED (STAMFORD) LTD
CANNON,MARIE
CANNON HYGIENE CANADA LTD
CANTEC SECURITY SERVICES
CARDINAL COURIERS LTD
CARRICK,MARZENNA
CARSWELL
CARTER,PAUL
CARTER CAR TRUCK RENTALS
CENTRE COURT CAFE
CENTRE COURT CAFE
CENTRE FOR ADVANCED VISUALIZATION
CENTRE FOR ADVANCED VISUALIZATION
CERIDIAN CANADA LTD
CERIDIAN CANADA LTD
CERMINARA,JACK
CERTI ENVIRONMENTAL CONSULTANTS
CHARETTE,RHEAL
CHARLES JONES INDUSTRIAL LTD
CHARLES JONES INDUSTRIAL LTD
CHARLES JONES INDUSTRIAL LTD
CHARLES JONES INDUSTRIAL LTD
CHASE,G
CHEN,KUO SU
CHIECA,DANNY
CHIECA,LUCIANO
CHILD ADVOCACY CENTRE NIAGARA
CHISHOLM MACHINERY SALES LTD
CHOWN CAIRNS IN TRUST
CHU,KWOK YIU
CIPPARONE,MADISON
CIT FINANCIAL LTD
CIT FINANCIAL LTD
CITICORP VENDOR FINANCE LTD
CITY OF NIAGARA FALLS
CLASSIC FIRE PROTECTION INC
CLAYDON,JEFF
CNM INC
COGECO CABLE CANADA INC
COGECO CABLE CANADA INC
COGECO CABLE CANADA INC
COGECO CABLE CANADA INC
COMMISSIONAIRES
COMMISSIONAIRES
COOK,CINDY
COREY DOYLE ASSOCIATES
CORPORATION OF THE CITY OF WELLAND
COTTON INC
COTTON INC
COTTON INC
CRAWFORD ADJUSTERS CANADA INCORP
CRAWFORD ADJUSTERS CANADA INCORP
CRAWFORD ADJUSTERS CANADA INCORP
CRAWFORD ADJUSTERS CANADA INCORP
CROMBIE LEASEHOLDS LTD
Cheaue No. Cheque Date Purpose
311222 05 -Jun -2007 EQUIPMENT
311600 19- Jun -2007 LEASES AND RENTS
311791 26- Jun -2007 EQUIPMENT
311770 26- Jun -2007 CANADA DAY ENTERTAINMENT
311199 05- Jun -2007 SAFETY SHOE REIMBURSEMENT
311423 12 -Jun -2007 MATERIALS
311424 12- Jun -2007 BOOKS
311772 26 -Jun -2007 MATERIALS
311585 19 -Jun -2007 MAI NTENAN C E/R EPAI RS
311773 26- Jun -2007 MAINTENANCE/REPAIRS
311202 05- Jun -2007 ADVERTISING
311586 19 -Jun -2007 MATERIALS
311774 26 -Jun -2007 CONTRACT SERVICES
311203 05 -Jun -2007 TAX REFUND
311204 05 -Jun -2007 CONTRACT SERVICES
311425 12 -Jun -2007 MAINTENANCE /REPAIRS
311426 12- Jun -2007 MAINTENANCE /REPAIRS
311200 05 -Jun -2007 TRAVEUMILEAGE
311201 05- Jun -2007 TAX REFUND
311775 26- Jun -2007 FOOTWEAR ALLOWANCE
311776 26- Jun -2007 MATERIALS
311777 26- Jun -2007 SECURITY SERVICE
311587 19 -Jun -2007 MATERIALS
311205 05 -Jun -2007 TRAVEUMILEAGE
311779 26- Jun -2007 BOOKS
311588 19 -Jun -2007 SAFETY SHOES
311427 12- Jun -2007 TRAVEUMILEAGE
311206 05 -Jun -2007 MEETING EXPENSE
311780 26 -Jun -2007 MEETING EXPENSE
311207 05 -Jun -2007 CONSULTING SERVICES
311429 12 -Jun -2007 CONSULTING SERVICES
311208 05- Jun -2007 CONTRACT SERVICES
311589 19- Jun -2007 CONTRACT SERVICES
311209 05 -Jun -2007 SAFETY SHOES
311210 05- Jun -2007 CONSULTING SERVICES
311781 26 -Jun -2007 FOOTWEAR ALLOWANCE
311211 05- Jun -2007 STORES /INVENTORY
311430 12- Jun -2007 STORES /INVENTORY
311590 19- Jun -2007 STORES /INVENTORY
311782 26- Jun -2007 STORES /INVENTORY
311212 05 -Jun -2007 EXPENSES CONFERENCE
311213 05 -Jun -2007 TAX REFUND
311783 26- Jun -2007 SAFETY SHOES
311591 19 -Jun -2007 TRAVEUMILEAGE
311784 26 -Jun -2007 GRANT
311214 05 -Jun -2007 TAX REFUND
311397 08 -Jun -2007 LEGAL FEES
311215 05- Jun -2007 TAX REFUND
311592 19 -Jun -2007 AWARD
311593 19- Jun -2007 LEASES AND RENTS
311785 26 -Jun -2007 LEASES AND RENTS
311432 12- Jun -2007 LEASES AND RENTS
311786 26- Jun -2007 MATERIALS
311787 26- Jun -2007 MAINTENANCE/REPAIRS
311433 12 -Jun -2007 TRAVEUMILEAGE
311217 05 -Jun -2007 TAX REFUND
311218 05 -Jun -2007 UTILITIES
311435 12 -Jun -2007 UTILITIES
311594 19 -Jun -2007 UTILITIES
311788 26- Jun -2007 UTILITIES
311219 05 -Jun -2007 CONTRACT SERVICES
311595 19 -Jun -2007 CONTRACT SERVICES
311789 26 -Jun -2007 CANADA DAY ENTERTAINMENT
311436 12 -Jun -2007 CONSULTING SERVICES
311596 19 -Jun -2007 SHUTTLE SERVICE
311220 05 -Jun -2007 MATERIALS
311437 12 -Jun -2007 MATERIALS
311597 19 -Jun -2007 CONCRETE
311221 05- Jun -2007 INSURANCE FEES
311438 12- Jun -2007 INSURANCE FEES
311599 19- Jun -2007 INSURANCE CLAIMS
311790 26- Jun -2007 INSURANCE CLAIMS
311223 05 -Jun -2007 TAX REFUND
Page 3 of 11
Amount
1,441.60
8,244.15
6,667.40
200.00
119.42
1,608.54
102.03
61.10
1,939.54
665.15
208.82
2,060.20
3,612.72
758.79
910.33
168.63
1,265.79
657.00
1,371.31
20.00
267.12
568.12
139.67
136.50
341.90
63.83
168.19
163.59
559.17
11 ,660.00
37,100.00
503.50
4,563.00
113.99
1,690.70
10.00
677.10
677.83
708.79
147.38
452.12
775.37
150.00
239.97
1,500.00
476.30
1,500.00
363.56
100.00
107.64
1 ,145.70
1,008.90
129,527.02
1,162.80
90.50
8,092.45
404.62
350.60
105.95
93.18
17,835.56
17,447.60
795.00
3,800.00
930.15
1 ,752.24
1,476.62
5,860.94
970.00
1,020.00
1,545.00
6,110.00
2,747.51
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
CUMMINS ALLISON ULC
CUPE LOCAL 133
CUPE LOCAL 133
CUPE LOCAL 133
CUPE LOCAL 133
CYTEC CANADA INC.
DAIMLER CHRYSLER COMM BUSES NORTH AMERICA
DAIMLER CHRYSLER COMM BUSES NORTH AMERICA
DAL BIANCO,MARK
DALKE,DORIS
DANIELS,DANIELLE
DAVIES,JOHN
DAWDY,LLOYD
DEC,DR DAVID
DELCAN CORPORATION
DELL CANADA INC
DENCO ENGINEERING LTD
DENCO ENGINEERING LTD
DEPENDABLE EMERGENCY VEHICLES
DEROSE BROS GENERAL CONTRACTING LIMITED
DEROSE BROS GENERAL CONTRACTING LIMITED
DESIGN ELECTRONICS
DESIGN ELECTRONICS
DESIGN ELECTRONICS
DEURLOO,JOAN
DEVRIES,JOHN
DICARLO,ANTHONY
DIPAOLO INVESTMENTS INC
DIPINTO,LORENZO
DIRECTOR OF FAMILY SUPPORT
DISTRICT SCHOOL BOARD OF NIAGARA
DOWNING,LARRY
DRAFTCON CALAMAR CORP
DREN,KARL
DUJLOVIC,ED
DYCHTIAR,PETER
E3 LABORATORIES
EARTH TECH CANADA INC
EIDT,DIANNE
ELLIS ENGINEERING INC
EMCO CORPORATION
EMERALD
EMERALD
ENBRIDGE
ENBRIDGE
ENBRIDGE
ENBRIDGE
ENGINEERING CONCEPTS NIAGARA
ENTERPRISE RENT A CAR CANADA LTD
ENTERPRISE RENT A CAR CANADA LTD
EVANOFF,VICTOR
EVERLASTING IMPRESSIONS
EVERLASTING IMPRESSIONS
F SACCO CONST LTD
FAIELLA,EILEEN
FALLS WHOLESALE LTD
FAST,DAVID JOHN
FELICETTI,SERGE
FERRANTE,PRISCILLA
FIEDOREK,BARBARA
FIEDOREK,STANISLAW
FINE GRADE CONSTRUCTION
FINUCCI,ANGELA
FIRE MONITORING OF CANADA INC
FIRE MONITORING OF CANADA INC
FIREHALL ONLINE INC
FIRST NIAGARA INSURANCE
FISCHER,RANDALL
FLANNIGAN,SHANE
FLEXO PRODUCTS LTD
FLEXO PRODUCTS LTD
FLEXO PRODUCTS LTD
FLEXO PRODUCTS LTD
Cheque No. Cheque Date Purpose
311601 19 -Jun -2007 MAINTENANCE /REPAIRS
311224 05- Jun -2007 PAYROLL REMITTANCE
311439 12- Jun -2007 PAYROLL REMITTANCE
311602 19 -Jun -2007 PAYROLL REMITTANCE
311792 26 -Jun -2007 PAYROLL REMITTANCE
311225 05 -Jun -2007 TAX REFUND
311603 19- Jun -2007 MATERIALS
311794 26- Jun -2007 MATERIALS
311795 26- Jun -2007 INSURANCE CLAIM
311796 26 -Jun -2007 FOOTWEAR ALLOWANCE
311440 12- Jun -2007 AWARD
311797 26 -Jun -2007 FOOTWEAR ALLOWANCE
311798 26 -Jun -2007 FOOTWEAR ALLOWANCE
311441 12- Jun -2007 MATERIALS
311442 12 -Jun -2007 CONSULTING SERVICES
311227 05- Jun -2007 COMPUTER PARTS
311228 05- Jun -2007 CONSULTING SERVICES
311604 19 -Jun -2007 CONSULTING SERVICES
311605 19- Jun -2007 MAINTENANCE /REPAIRS
311443 12- Jun -2007 CONTRACT SERVICES
311800 26 -Jun -2007 LEASES AND RENTS
311229 05 -Jun -2007 MATERIALS
311444 12 -Jun -2007 MAINTENANCE /REPAIRS
311801 26- Jun -2007 SECURITY
311802 26- Jun -2007 FOOTWEAR ALLOWANCE
311445 12- Jun -2007 PERMIT REFUND
311803 26- Jun -2007 CANADA DAY ENTERTAINMENT
311230 05- Jun -2007 TAX REFUND
311231 05- Jun -2007 SAFETY SHOES
311446 12 -Jun -2007 PAYROLL REMITTANCE
311804 26 -Jun -2007 INSTALLMENT -TAX LEVY
311805 26- Jun -2007 FOOTWEAR ALLOWANCE
311606 19- Jun -2007 CONSULTING SERVICES
311232 05 -Jun -2007 TRAVEL/MILEAGE
311447 12 -Jun -2007 TRAVEUMILEAGE
311806 26- Jun -2007 CANADA DAY ENTERTAINMENT
311448 12 -Jun -2007 WATER TESTING
311807 26 -Jun -2007 CONSULTING SERVICES
311808 26- Jun -2007 FOOTWEAR ALLOWANCE
311449 12- Jun -2007 CONSULTING SERVICES
311236 05 -Jun -2007 TAX REFUND
311450 12 -Jun -2007 METER INSTALLATION
311809 26- Jun -2007 METER INSTALLATION
311237 05 -Jun -2007 UTILITIES
311451 12 -Jun -2007 UTILITIES
311608 19- Jun -2007 UTILITIES
311810 26- Jun -2007 UTILITIES
311811 26 -Jun -2007 CONSULTING SERVICES
311609 19 -Jun -2007 REFUND-PARKING
311610 19 -Jun -2007 REFUND- PARKING
311813 26- Jun -2007 FOOTWEAR ALLOWANCE
311612 19 -Jun -2007 MAINTENANCE/REPAIRS
311814 26- Jun -2007 MAINTENANCE /REPAIRS
311248 05 -Jun -2007 TAX REFUND
311815 26- Jun -2007 FOOTWEAR ALLOWANCE
311238 05- Jun -2007 CONCESSION SUPPLIES
311239 05- Jun -2007 TAX REFUND
311816 26 -Jun -2007 MATERIALS
311817 26- Jun -2007 FOOTWEAR ALLOWANCE
311240 05- Jun -2007 TAX REFUND
311241 05- Jun -2007 MATERIALS
311818 26 -Jun -2007 CONSULTING SERVICES
311242 05- Jun -2007 TAX REFUND
311452 12- Jun -2007 MAINTENANCE/REPAIRS
311819 26- Jun -2007 CONTRACT SERVICES
311243 05- Jun -2007 MATERIALS
311453 12 -Jun -2007 INSURANCE FEES
311820 26- Jun -2007 FUNDING
311821 26 -Jun -2007 CANADA DAY ENTERTAINMENT
311244 05 -Jun -2007 MATERIALS
311454 12- Jun -2007 STORES /INVENTORY
311613 19 -Jun -2007 STORES /INVENTORY
311822 26- Jun -2007 STORES /INVENTORY
Page 4 of 11
Amount
250.80
3,783.47
3,777.95
3,774.76
3,799.78
12,366.52
438.90
1,004.78
218.88
20.00
666.66
20.00
20.00
196.20
18,340.33
119.70
12,374.16
1,496.56
2,778.77
10,441.00
104,916.51
1,456.16
1 19.70
14,368.78
20.00
750.00
800.00
17,392.23
150.00
325.00
6,820,456.85
20.00
41,441.46
130.50
224.50
300.00
2,579.55
14,684.37
20.00
3,074.00
304.00
371.00
2,040.50
73.31
9,198.56
1,311.18
220.40
2,407.60
15.00
15.00
12.50
265.00
1,147.98
8,381.42
20.00
1 ,006.33
379.39
50.00
20.00
484.28
280.87
5,300.00
555.85
1,311.48
288.32
254.40
4,455.00
45.00
600.00
582.51
3,342.08
709.43
152.76
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
FLORIO,MIRELLA
FLORIO,MIRELLA
FLOWERS,JOANNE
FORTUNA,EVA
FRANK COWAN COMPANY LIMITED
FRETZ,LINDA
G K SERVICES CANADA INC
GADULA,EMILY
GALES GAS BARS
GALT MACHINE KNIFE SAW
GARISTO,TONY
GATTO,LORENZO
GAULD NURSERIES LTD
GAULD NURSERIES LTD
GENERAL AUTOMOTIVE ELECTRIC
GIAJNORIO,MEGAN
GIESBRECHT,GORDON DR
GLADDING SALES AGENCY LTD
GLADDING SALES AGENCY LTD
GLADDING SALES AGENCY LTD
GOLDEN HORSESHOE VENTURES INC
GOLIA,VITO& GOLIA, CARMELA
GRAYBAR ELECTRIC LTD
GRAYBAR ELECTRIC LTD
GREATER NIAGARA GENERAL HOSPITAL EQUIPMENT FUND
GREEN,BRUCE
GREY ISLAND SYSTEMS INC
GREY ISLAND SYSTEMS INC
GRIEF BROS CAN INC
GRIFFITHS,DAVID
GT FRENCH PAPER LIMITED
GUILLEVIN INTERNATIONAL INC
GUILLEVIN INTERNATIONAL INC
HACHEY,DARLENE
HAGAN,DAVID
HAGEN,MARY
HALCO MOBILE MFG SALES SERVICE INC
NALCO MOBILE MFG SALES SERVICE INC
NALCO MOBILE MFG SALES SERVICE INC
HALF WAY SAND PIT LIMITED
HAMDANI DRYCLEANERS LTD
HAMILTON,STEPHEN
HAMILTON,STEPHEN
HANG UPS 99
HARD ROCK CONST INC
HARKES INDUSTRIES INC
HARPER POWER PRODUCTS INC
HEAT DESIGN EQUIPMENT LTD
HECO
HENDERSON RECREATION EQUIPMENT LIMITED
HENLER INVEST LTD BELMER INVESTMENTS LTD
HERLOVITCH,ALEX
HERTZ CANADA LTD
HICKS MORLEY HAMILTON STEWART STORIE LLP
HIEBERT,JAKE
HIGH FIDELITY PRINT DESIGN
HIGH FIDELITY PRINT DESIGN
HOLMAN,GEOFF
HR PROACTIVE INC
HYDRO ONE NETWORKS INC
ICECO ADVANCED ARENA PRODUCTS
ICI CANADA INC
ILETT,JEN
INDEPENDENT SUPPLY CO LTD
INTEGRITY ABSORBENT PRODUCTS
INTERSTATE BATTERY SYSTEMS OF HAMILTON
INTERSTATE BATTERY SYSTEMS OF HAMILTON
IORFIDA,SAM
IRON MOUNTAIN CANADA CORP
ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD
ISECO INDUSTRIAL SAFETY EQUIPMENT CO LTD
IULIANO,ANGELO
J &B
Cheque No. Cheque Date Purpose
311245 05- Jun -2007 TAX REFUND
311246 05- Jun -2007 TAX REFUND
311823 26 -Jun -2007 FOOTWEAR ALLOWANCE
311558 13 -Jun -2007 SECURITY DEPOSIT
311824 26 -Jun -2007 INSURANCE CLAIMS
311825 26- Jun -2007 FOOTWEAR ALLOWANCE
311617 19- Jun -2007 UNIFORMS
311614 19 -Jun -2007 AWARD
311456 12- Jun -2007 GASOLINE
311826 26- Jun -2007 MAINTENANCE /REPAIRS
311827 26 -Jun -2007 FUNDING
311457 12- Jun -2007 LIVESTOCK CLAIM
311249 05- Jun -2007 TREES
311828 26 -Jun -2007 TREES
311615 19 -Jun -2007 MATERIALS
311616 19 -Jun -2007 AWARD
311250 05 -Jun -2007 BOOK
311251 05 -Jun -2007 MATERIALS
311458 12 -Jun -2007 MATERIALS
311829 26- Jun -2007 MATERIALS
311252 05 -Jun -2007 TAX REFUND
311253 05 -Jun -2007 TAX REFUND
311254 05 -Jun -2007 MATERIALS
311830 26 -Jun -2007 MATERIALS
311831 26- Jun -2007 PAYROLL REMITTANCE
311618 19- Jun -2007 COMPUTER
311459 12 -Jun -2007 INTERFLEET CHARGES
311619 19 -Jun -2007 INTERFLEET CHARGES
311255 05 -Jun -2007 TAX REFUND
311833 26- Jun -2007 FOOTWEAR ALLOWANCE
311256 05 -Jun -2007 SUPPLIES
311257 05- Jun -2007 STORES /INVENTORY
311620 19- Jun -2007 STORES /INVENTORY
311835 26- Jun -2007 FOOTWEAR ALLOWANCE
311836 26 -Jun -2007 FOOTWEAR ALLOWANCE
311837 26 -Jun -2007 FOOTWEAR ALLOWANCE
311258 05 -Jun -2007 LEASES AND RENTS
311460 12 -Jun -2007 LEASES AND RENTS
311838 26- Jun -2007 LEASES AND RENTS
311839 26 -Jun -2007 MATERIALS
311259 05- Jun -2007 SERVICES
311461 12 -Jun -2007 PETTY CASH
311462 12- Jun -2007 TRAVEL/MILEAGE
311260 05- Jun -2007 CLOTHING
311621 19- Jun -2007 CONSULTING SERVICES
311464 12 -Jun -2007 MATERIALS
311840 26 -Jun -2007 MATERIALS
311465 12- Jun -2007 LEASES AND RENTS
311841 26 -Jun -2007 MAINTENANCE/REPAIRS
311466 12- Jun -2007 PLAYGROUND EQUIPMENT
311261 05- Jun -2007 TAX REFUND
311467 12- Jun -2007 TRAVEUMILEAGE
311262 05 -Jun -2007 PARKING REFUND
311842 26 -Jun -2007 CONSULTING SERVICES
311263 05 -Jun -2007 COMMITTEE FEE
311264 05- Jun -2007 SHIRTS
311468 12 -Jun -2007 MATERIALS
311265 05- Jun -2007 TRAVEUMILEAGE
311622 19 -Jun -2007 CONSULTING SERVICES
311725 19- Jun -2007 TAX REFUND
311469 12- Jun -2007 MAINTENANCE AND REPAIRS
311623 19- Jun -2007 FLOORING
311624 19 -Jun -2007 AWARD
311843 26- Jun -2007 MATERIALS
311626 19 -Jun -2007 MATERIALS
311625 19 -Jun -2007 MATERIALS
311844 26- Jun -2007 MATERIALS
311627 19- Jun -2007 TRAVEUMILEAGE
311628 19- Jun -2007 PAPER SHREDDING
311629 19- Jun -2007 SAFETY SHOES
311845 26 -Jun -2007 SAFETY SHOES
311846 26 -Jun -2007 SERVICE DEPOSIT REFUND
311631 19- Jun -2007 LEGAL SEARCH
Page 5 of 11
Amount
424.08
642.15
20.00
21,952.00
2,750.58
20.00
109.00
100.00
423.35
209.76
45.00
94.50
6,384.00
2,319.90
484.50
100.00
20.00
1,961.94
909.21
5,903.41
19,463.90
1,641.00
122.97
576.10
56.40
300.00
329.20
1,980.40
432.85
20.00
1,615.86
1 ,978.83
35.57
20.00
20.00
20.00
627.00
538.08
1,262.55
2,993.10
75.35
2,000.00
337.00
832.65
5,300.00
1;380.70
765.50
1,932.30
1,220.74
16,898.33
3,221.64
108.89
47.00
1,053.75
57.00
324.00
81.00
113.00
2,650.00
1,986,110.13
1,931.10
3,292.46
100.00
2,031.80
1,999.48
969.91
61.56
157.75
1,017.60
712.46
1,396.95
750.00
42.40
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
JACK DOW AUTO SUPPLIES LIMITED
JACKSON,CHRISTINE
JACKSON, DAVE
JACKSON,GILBERT
JAX COMMERCIAL FITNESS EQUIPMENT REPAIR
JONES,RON
JOVANOVIC,ANDREA
JUDSON,PATRICIA
KAGAN SHASTRI BARRISTERS AND SOLICITORS
KCM CONSTRUCTION MAINTENANCE
KEIGHAN,MICHAEL
KELLY DIGS LANDSCAPING
KENTUCKY COLONELS OF NIAGARA
KENWORTH TORONTO LTD
KENWORTH TORONTO LTD
KLASSEN,PAUL
KRAFT CANADA INC
KRAFT CANADA INC
KRONSTE1N,MARK
KRONSTEIN,MARK
KUCHYT,TOM
KUIPERS,JANET
LAKE'S MAINTENANCE
LANG DRYWALL ACOUSTICS LTD
LANGILLE,MARILYN
LATOPLAST LTD
LATOPLAST LTD
LATOPLAST LTD
LATOPLAST LTD
LAWSON PRODUCTS INC
LE CONSEIL SCOLAIRE DE DISTRICT
LE CONSEIL SCOLAIRE DE DISTRICT
LEMAY,GERALD
LEPINE,JESSY
LESNICZEK,TEDDY
LEXISNEXIS CANADA INC
LEXISNEXIS QUICKLAW
LICHACH,GARY
LOWRY,SHEILA V
LUNDY'S LANE PORTFOLIO INC
LUONGO,NICQLE
M J CHONG AND SONS HOLDINGS LTD
M J DUMONT ENTERPRISES LTD
M S J RESTAURANT LIMITED
MACISAAC,RODDY& MACISAAC, KIMIKO
MACMASTER,ELISIA
MALTMAN,STEPHANIE
MAR -CO CLAY PRODUCTS INC
MARCHESE,VINCENT& MARCHESE, VIOLET
MARTENS,TOM
MASCARIN,RUDY
MASTERWOOD DOORS LTD
MATSON,BILL
MATTHEWS CAMERON HEYWOOD KERRY T HOWE SURVEYING
MATTHEWS CANADA LTD
MAVES,DIANE
MAVES,DIANE
MAXIMUM ARREST FORCE INC
MAYER HERITAGE CONSULTANTS INC
MAZZONE,NICHOLAS& MAZZONE, SHIRLEY
MCCONNELL,LUCILLE
MCCONNELL,LUCILLE
MCDONALD,ROB
MCG PRODUCTIONS
MCLEAN KERR LLP
MCLEOD,CRAIG
MCNAMARA,SUSAN
MCNAMARA,SUSAN
MCRAE,LEN
MCVEY,SCOTT
ME OLSEN TITLES INC
MEDCON MECHANICAL LTD
MERCURY GRAPHICS CORPORATION
Cheque No. Cheque Date
311847 26 -Jun -2007
311267 05- Jun -2007
311630 19 -Jun -2007
311848 26- Jun -2007
311 472 12 -Jun -2007
311850 26- Jun -2007
311632 19 -Jun -2007
311851 26 -Jun -2007
311268 05- Jun -2007
311852 26 -Jun -2007
311853 26- Jun -2007
311269 05- Jun -2007
311633 19 -Jun -2007
311634 19- Jun -2007
311854 26- Jun -2007
311270 05 -Jun -2007
311271 05 -Jun -2007
311855 26 -Jun -2007
311473 12- Jun -2007
311856 26- Jun -2007
311272 05- Jun -2007
311273 05 -Jun -2007
311857 26 -Jun -2007
311474 12 -Jun -2007
311475 1 2- Jun -2007
311274 05 -Jun -2007
311476 12 -Jun -2007
311635 19 -Jun -2007
311858 26- Jun -2007
311860 26 -Jun -2007
311861 26 -Jun -2007
311862 26- Jun -2007
311863 26 -Jun -2007
311477 12 -Jun -2007
311864 26- Jun -2007
311865 26 -Jun -2007
311866 26- Jun -2007
311868 26- Jun -2007
311637 19- Jun -2007
311278 05- Jun -2007
311638 19 -Jun -2007
311296 05 -Jun -2007
311879 26- Jun -2007
311487 12 -Jun -2007
311279 05 -Jun -2007
311639 19- Jun -2007
311479 1 2- Jun -2007
311869 26 -Jun -2007
311280 05- Jun -2007
311870 26 -Jun -2007
311281 05- Jun -2007
311282 05- Jun -2007
311283 05 -Jun -2007
311284 05 -Jun -2007
311285 05 -Jun -2007
311480 12 -Jun -2007
311871 26- Jun -2007
311640 19- Jun -2007
311286 05- Jun -2007
311287 05 -Jun -2007
311481 12 -Jun -2007
311872 26- Jun -2007
311482 12- Jun -2007
311873 26 -Jun -2007
311641 19 -Jun -2007
311288 05 -Jun -2007
311483 12- Jun -2007
311874 26 -Jun -2007
311875 26 -Jun -2007
311642 19- Jun -2007
311644 19- Jun -2007
311 643 19- Jun -2007
311876 26 -Jun -2007
Purpose
MATERIALS
TRAVEUMILEAGE
TRAVEUMILEAGE
FOOTWEAR ALLOWANCE
MAINTENANCE /REPAIRS
CANADA DAY ENTERTAINMENT
AWARD
FOOTWEAR ALLOWANCE
CONSULTING SERVICES
CONTRACT SERVICES
REFUND
GRASS CUTTING
ADMINISTRATIVE
AUTOMOTIVE SUPPLIES
AUTOMOTIVE SUPPLIES
PERMIT REFUND
TAX REFUND
ARENA STEAM SERVICES
TRAVEL
FOOTWEAR ALLOWANCE
TRAVEUMILEAGE
TRAVEUMILEAGE
AUTOMOTIVE PARTS
CEILING TILE INSTALLATION
MEETING EXPENSES
STORES /INVENTORY
STORES /INVENTORY
STORES /INVENTORY
STORES /INVENTORY
REPAIR MATERIALS
2007 TAX LEVY
2007 TAX LEVY
FOOTWEAR ALLOWANCE
AWARD
FOOTWEAR ALLOWANCE
MATERIALS
QUICKLAW SERVICE
CANADA DAY ENTERTAINMENT
REFUND
TAX REFUND
ADMINISTRATIVE
TAX REFUND
UTILITIES
APPRAISAL FEE REFUND
TAX REFUND
DONATION
AWARD
MATERIALS
TAX REFUND
FOOTWEAR ALLOWANCE
FENCE VIEWING COMMITTEE
TAX REFUND
TRAVEUMILEAGE
TOPOGRAPHIC SKETCH
PLAQUE
TRAVEL
FOOTWEAR ALLOWANCE
MATERIALS
CONSULTING SERVICES
TAX REFUND
TRAVEL
FOOTWEAR ALLOWANCE
TRAVEUMILEAGE
CANADA DAY ENTERTAINMENT
LEGAL SERVICES
TRAVEUMILEAGE
TRAVEL
FOOTWEAR ALLOWANCE
CLAIM REFUND
DONATION
LEGAL SEARCH FEE
MAINTENANCE/REPAIRS
SHUTTLE PASSES
Page 6 of 11
Amount
427.50
53.50
232.00
20.00
222.60
750.00
100.00
20.00
4,356.60
3,026.30
91.00
3,383.94
130.00
918.08
170.93
750.00
8,511.54
49,206.29
48.00
20.00
580.00
63.50
4,103.79
572.40
123.12
480.85
15.27
24.63
1,732.80
1,179.18
123,789.74
239,414.84
10.00
666.66
10.00
177.86
248.04
3,074.00
16.00
16,388.20
100.00
1,287.96
682.29
529.00
561.72
1 00.00
1,500.00
251.53
601.26
20.00
40.00
1,740.02
56.50
7,117.90
252.59
96.00
20.00
236.24
1,197.80
533.77
1 02.00
20.00
56.00
747.90
11,084.75
455.50
96.00
20.00
60.00
100.00
26.50
381.30
9,247.68
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
MERIDIAN PLANNING CONSULTANTS INC
MICHAEL VAN OORSCHOT INSURANCE AGENCY INC
MICIELI,TONY
MICRO BUS ELECTRONIQUE
MICRON INSTALLATIONS LIMITED
MINERVINI,DOMENIC
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTER OF FINANCE
MINISTRY OF ATTORNEY GENERAL
MINISTRY OF ATTORNEY GENERAL
MINISTRY OF ATTORNEY GENERAL
MINISTRY OF ATTORNEY GENERAL
MISS ALL CANADIAN
MODERN LANDFILL INC
MOHAWK MFG SUPPLY CO
MONTAGUE,ROSE
MONTCAP FINANCIAL CORPORATION
MONTCAP FINANCIAL CORPORATION
MONTEITH -BROWN PLANNING CONSULTANTS
MONTGOMERY,MOE& MONTGOMERY, MIKE
MOORE,RON
MOROCCO,JOHN
MORRISSEY,DENYSE
MORSE SON LIMITED
MORTON,DALE
MOSS,HIRRELL
MOTOR COACH INDUSTRIES LIMITED
MOTOR COACH INDUSTRIES LIMITED
MOUNT CARMEL MONASTERY
MRKALJ,JOE
MRKALJ,JOE
MRKALJ,JOVO& MRKALJ, MILIC
MUNICIPAL ASSOCIATES INC
MUNICIPAL RETIREES ORGANIZATION ONTARIO
MURACO,MARY
MURAWSKI,CHESTER
MUSSARI,TOM
NEW WAY MARKET (NIAGARA FALLS) LTD
NEXTERRA SUBSTRUCTURES INCORPORATED
NIAGARA BLOCK INC
NIAGARA BLOCK INC
NIAGARA CATHOLIC DISTRICT SCHOOL BOARD
NIAGARA CRACK SEALING
NIAGARA DISTRICT ART ASSOCIATION
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC
NIAGARA FALLS PROFESSIONAL FIRE FIGHTERS ASSOC
NIAGARA FALLS ART GALLERY
NIAGARA FALLS CONCERT BAND
NIAGARA FALLS CURLING CLUB
NIAGARA FALLS HUMANE SOCIETY
NIAGARA FALLS HUMANE SOCIETY
NIAGARA FALLS HYDRO
NIAGARA FALLS HYDRO
NIAGARA FALLS HYDRO
NIAGARA FALLS HYDRO
NIAGARA FALLS HYDRO
NIAGARA FALLS HYDRO
NIAGARA FALLS HYDRO
NIAGARA FALLS HYDRO
NIAGARA HAIR DESIGN
NIAGARA OCCUPATIONAL HEALTH SERVICES
NIAGARA OCCUPATIONAL HEALTH SERVICES
NIAGARA REGIONAL POLICE SERVICE
NIAGARA REGIONAL SEXUAL ASSAULT CENTRE
Che• ue No.
Che•ue Date Pur•ose
311645 19- Jun -2007 CONSULTING SERVICES
311289 05- Jun -2007 TAX REFUND
311646 19 -Jun -2007 TRAVEUMILEAGE
311647 19 -Jun -2007 AUTOMOTIVE SUPPLIES
311877 26- Jun -2007 MAINTENANCE /REPAIRS
311290 05 -Jun -2007 TRAVEUMILEAGE
311292 05- Jun -2007 PAYROLL REMITTANCE
311293 05 -Jun -2007 PAYROLL REMITTANCE
311294 05 -Jun -2007 PST REMITTANCE
311295 05 -Jun -2007 MARRIAGE LICENCES
311649 19- Jun -2007 PST REMITTANCE
311650 19- Jun -2007 PERMIT FEE
311651 19- Jun -2007 ADMINISTRATIVE
311728 25 -Jun -2007 REMITTANCE
311291 05- Jun -2007 PAYROLL REMITTANCE
311484 12 -Jun -2007 PAYROLL REMITTANCE
311648 19 -Jun -2007 PAYROLL REMITTANCE
311878 26 -Jun -2007 PAYROLL REMITTANCE
311652 19- Jun -2007 ADVERTISING
311880 26- Jun -2007 CONTRACT SERVICES
311881 26 -Jun -2007 AUTOMOTIVE MATERIALS
311882 26- Jun -2007 FOOTWEAR ALLOWANCE
311653 19- Jun -2007 ASPHALT
311883 26- Jun -2007 COLD PATCH
311297 05- Jun -2007 CONSULTING SERVICES
311884 26- Jun -2007 CONTRACT SERVICES
311885 26- Jun -2007 CANADA DAY ENTERTAINMENT
311298 05- Jun -2007 TRAVEUMILEAGE
311485 12 -Jun -2007 TRAVEUMILEAGE
311299 05 -Jun -2007 TAX REFUND
311486 12 -Jun -2007 MATERIALS
311886 26- Jun -2007 FOOTWEAR ALLOWANCE
311654 19- Jun -2007 AUTOMOTIVE SUPPLIES
311887 26- Jun -2007 AUTOMOTIVE PARTS
311655 19- Jun -2007 TAX REFUND 2005 -2007
311300 05- Jun -2007 TAX REFUND
311301 05 -Jun -2007 TAX REFUND
311302 05 -Jun -2007 TAX REFUND
311656 19 -Jun -2007 CONTRACT SERVICES
311889 26- Jun -2007 LIFETIME MEMBERSHIP
311657 19 -Jun -2007 REFUND
311890 26- Jun -2007 FOOTWEAR ALLOWANCE
311488 12- Jun -2007 PETTY CASH
311303 05- Jun -2007 TAX REFUND
311304 05- Jun -2007 CONTRACT SERVICES
311658 19 -Jun -2007 MATERIALS
311891 26- Jun -2007 SAND
311892 26- Jun -2007 2007 TAX LEVY
311490 12- Jun -2007 CONTRACT SERVICES
311491 12- Jun -2007 GRANT
311309 05 -Jun -2007 PAYROLL REMITTANCE
311310 05- Jun -2007 PAYROLL REMITTANCE
311497 12- Jun -2007 PAYROLL REMITTANCE
311663 19- Jun -2007 PAYROLL REMITTANCE
311897 26 -Jun -2007 PAYROLL REMITTANCE
311660 19 -Jun -2007 GRANT
311492 12- Jun -2007 GRANT
311493 12 -Jun -2007 RENTAL PROPERTY PAYMENT
311494 12- Jun -2007 DOG TAG REMITTANCE
311893 26 -Jun -2007 CONTRACT SERVICES
311306 05- Jun -2007 WATER ARREARS
311307 05 -Jun -2007 UTILITIES
311495 12- Jun -2007 WATER ARREARS
311496 12 -Jun -2007 UTILITIES
311661 19 -Jun -2007 WATER ARREARS
311662 19 -Jun -2007 UTILITIES
311894 26- Jun -2007 WATER ARREARS
311895 26- Jun -2007 UTILITIES
311311 05 -Jun -2007 TAX REFUND
311664 19 -Jun -2007 ADMINISTRATIVE
311898 26 -Jun -2007 ADMINISTRATIVE
311312 05 -Jun -2007 ALARM CHARGES
311313 05- Jun -2007 SPONSORSHIP
Page 7 of 11
Amount
1,291.08
769.53
130.00
799.93
185.50
289.50
57,156.25
4,236.46
444.15
19,200.00
6,063.97
450.00
300.00
2,434.71
1,727.60
1,727.60
1,727.60
1 ,727.60
150.00
1,073.89
805.05
20.00
3,216.84
2,810.83
3,247.84
330.37
300.00
316.00
131.00
1,815.73
169.79
20.00
904.65
371.86
347,206.56
2,141.54
2,568.30
897.84
3,180.00
25.00
300.00
20.00
154.39
2,448.97
14,800.77
319.71
326.49
3,549,421.85
64,453.01
5,458.00
2,042.88
4,492.31
2,042.88
2,024.96
2,024.96
28,000.00
4,000.00
5,969.73
75.00
39,681.83
6,765.43
1,197.39
13,409.86
2,383.05
6,267.59
1,464.65
8,330.48
88,589.90
291.16
430.20
985.20
35.00
100.00
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
NIAGARA SAW SALES AND SERVICE
NIAGARA TENTS EVENTS
NIAGARA THIS WEEK
NIAGARA THIS WEEK
NIAGARA UNITED ENTERPRISE LTD
NIAGARA.COM
NOONAN,LESLI
NORJOHN LTD
NORRIS,STEVE
NORSPEC FILTRATION LTD
NORSTAN RESORTS INC
NORTHSTAR CONSTRUCTION
NOTE FOR NOTE PROFESSIONAL MUSIC PRODUCTIONS
NOVAJET (WEST) INC.
NUMES,PATRICK
0 Y REIT HOLDINGS INC-POC (MCEG) LTD
OMERS
OMERS
ONTARIO GYM SPORTS
ONTARIO GYM SPORTS
ONTARIO WATER PRODUCTS INC
OPTIMIST YOUTH PARK
OUT OF THE COLD
P M PRODUCTIONS
PAMBOOKIAN INDUSTRIES LTD
PAPAVASILIOU,TOM& PAPAVASILIOU, GEORGE
PARAMENTICH,PETAR
PARTY BY DESIGN
PATERSON,ANDREW
PATRIOT ENTERPRISES
PEC ROOF MAINTENANCE
PENINSULA ABSTRACT INC
PENINSULA ABSTRACT INC
PENINSULA CONSTRUCTION INC
PENINSULA PEST CONTROL LTD
PENINSULA PURE WATER
PENINSULA TOWING RECOVERY INC
PERFORMANCE CHRYSLER
PERFORMANCE CONCEPTS CONSULTING
PHAM,GIANG
PHILIPS ENGINEERING
PHILLIPS,GERALD
PIONEER PETROLEUMS MANAGEMENT INC
PITNEY BOWES
POPKO,SUSAN
POPPA CORN CORP
PORT DRUMMOND LTD
PORTAGE BAKERY LIMITED
POTTS,REBECCA
POVVELL,KATHLEEN
PRATA,GUY
PRAXAIR
PRESTIGE PORTABLE TOILETS
PREVOST COACH TRANSIT
PREVOST COACH TRANSIT
PROJECT SHARE
PROVINCIAL CONSTRUCTION (NIAGARA FALLS) LTD
PUROLATOR COURIER
PUROLATOR COURIER
PUROLATOR COURIER
QUAGLIARIELLO CARMEL ESTATE
QUARANTA,MARCELLO
QUICKSERVICE TECH (CAN)
REPCO.
R NICHOLLS DISTRIBUTORS INC
R NICHOLLS DISTRIBUTORS INC
RACO AUTO SUPPLY LTD
RACO AUTO SUPPLY LTD
RAG RENTALS LIMITED
RAIMONDO ASSOCIATES ARCHITECTS INC
RAMMOHAN,GNANAPRABHA
RAVEN,BONNIE
RAY'S BACKHOE SERVICE
Cheque No. Cheque Date Purpose
311665 19-Jun-2007 MATERIALS
311314 05-Jun-2007 RENTAL
311666 19-Jun-2007 ADVERTISING
311899 26-Jun-2007 ADVERTISING
311315 05-Jun-2007 TAX REFUND
311659 19-Jun-2007 COMPUTER CHARGES
311498 12-Jun-2007 AWARD
311499 12-Jun-2007 CONTRACT SERVICES
311667 19-Jun-2007 REFUND
311900 26-Jun-2007 MATERIALS
311316 05-Jun-2007 TAX REFUND
311317 05-Jun-2007 CONSULTING SERVICES
311901 26-Jun-2007 CANADA DAY ENTERTAINMENT
311500 12-Jun-2007 EQUIPMENT
311902 26-Jun-2007 CANADA DAY ENTERTAINMENT
311322 05-Jun-2007 TAX REFUND
311319 05-Jun-2007 PAYROLL REMITTANCE
311320 05-Jun-2007 PAYROLL REMITTANCE
311502 12-Jun-2007 PARK EQUIPMENT
311903 26-Jun-2007 SPORTS SUPPLIES
311904 26-Jun-2007 FIRE HYDRANT
311669 19-Jun-2007 REFUND
311670 19-Jun-2007 DONATION
311908 26-Jun-2007 PRESENTATION GIFTS
311323 05-Jun-2007 TAX REFUND
311324 05-Jun-2007 TAX REFUND
311503 12-Jun-2007 PERMIT REFUND
311671 19-Jun-2007 CANADA DAY
311672 19-Jun-2007 REFUND
311504 12-Jun-2007 STORES/INVENTORY
311505 12-Jun-2007 MAINTENANCE/REPAIRS
311326 05-Jun-2007 CONSULTING SERVICES
311507 12-Jun-2007 LEGAL SEARCH FEE
311673 19-Jun-2007 PLACEMENTS OF LARGE ROCKS
311325 05-Jun-2007 CONTRACT SERVICES
311506 12-Jun-2007 WATER
311905 26-Jun-2007 MAINTENANCE/REPAIRS
311906 26-Jun-2007 PLATE FEES
311327 05-Jun-2007 CONSULTING SERVICES
311328 05-Jun-2007 TAX REFUND
311674 19-Jun-2007 CONSULTING SERVICES
311907 26-Jun-2007 FOOTWEAR ALLOWANCE
311330 05-Jun-2007 TAX REFUND
311509 12-Jun-2007 MATERIALS
311909 26-Jun-2007 FOOTWEAR ALLOWANCE
311331 05-Jun-2007 CONCESSION SUPPLIES
311332 05-Jun-2007 TAX REFUND
311910 26-Jun-2007 CANADA DAY CAKE
311510 12-Jun-2007 AWARD
311512 12-Jun-2007 MATERIALS
311675 19-Jun-2007 TRAVEUMILEAGE
311676 19-Jun-2007 MATERIALS
311911 26-Jun-2007 LEASES AND RENTS
311677 19-Jun-2007 AUTOMOTIVE SUPPLIES
311912 26-Jun-2007 AUTOMOTIVE PARTS
311913 26-Jun-2007 GRANT
311514 12-Jun-2007 CONTRACT SERVICES
311333 05-Jun-2007 COURIER
311678 19-Jun-2007 COURIER
311914 26-Jun-2007 COURIER
311334 05-Jun-2007 TAX REFUND
311915 26-Jun-2007 REFUND
311916 26-Jun-2007 MAINTENANCE/REPAIRS
311339 05-Jun-2007 MAINTENANCE AND REPAIRS
311342 05-Jun-2007 UNIFORMS
311523 12-Jun-2007 UNIFORMS
311515 12-Jun-2007 STORES/INVENTORY
311917 26-Jun-2007 STORES/INVENTORY
311335 05-Jun-2007 TAX REFUND
311516 12-Jun-2007 CONSULTING SERVICES
311918 26-Jun-2007 REFUND
311919 26-Jun-2007 FOOTWEAR ALLOWANCE
311517 12-Jun-2007 PERMIT REFUND
Page 8 of 11
Amount
1,048.80
191.85
279.84
560.95
4,661.66
152.06
500.00
23,768.93
449.55
254.85
13,624.37
2,769.25
1,680.00
1,881.00
600.00
21,646.83
390,830.64
25,294.18
1,352.54
2,655.63
1,653.00
1,768.07
100.00
1,894.68
251.77
960.51
750.00
342.00
300.00
519.84
1,454.83
62.85
125.42
3,286.00
518.34
480.00
265.00
107.00
4,800.14
1,441.80
4,454.11
20.00
935.46
286.12
20.00
963.89
747.51
500.00
666.66
192.13
27.00
160.12
1,271.99
320.55
57.00
51,656.84
482,457.06
27.07
97.12
49.76
806.31
1,750.00
165.82
296.52
150.06
648.37
366.75
96.39
2,560.89
3,289.88
750.00
20.00
1,460.00
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
RBC LIFE INSURANCE COMPANY
RBC ROYAL DIRECT CALL CENTER
RCI CONSULTING
RCI CONSULTING
REALTAX INC
RECEIVER GENERAL
RECEIVER GENERAL
RECEIVER GENERAL
RECEIVER GENERAL
RECEIVER GENERAL
REGULAR,GERIE
REMPEL,LAUREN
RENNIE,GEORGE
RIDGEMOUNT QUARRIES LIMITED
RIDLEY ASSOCIATES APPRAISAL SERVICES LIMITED
RIVER REALTY DEVELOPMENT (1976) INC
ROBBINS,JANE
ROBBINS,RICHARD
ROCHESTER MIDLAND LIMITED
ROCHESTER MIDLAND LIMITED
ROGERS WIRELESS INC
ROGERS WIRELESS INC
ROMULUS HOLDINGS INC,
RONA ONTARIO INC
RONALD C ELLENS APPRAISALS INC
ROSE,RICK
ROSS,JOHN
ROSS,JOHN HENRY
ROTO- ROOTER PLUMBERS
ROYAL ENVELOPE LTD
RRVP (NIAGARA SQ. INC) C/O RIOCAN PROPERTY SERVICES
RSQ EMERGENCY TRAINING
RUDACHUK,PHILIP
RUDACHUK,PHILIP
RUDAN EXPORT IMPORT LTD
SACCO,DOLORES
SAFEGUARD ELEVATOR MAINTENANCE LTD
SAFETY KLEEN CANADA INC
SAFETY TODAY
SAFETY TODAY
SAFETY TODAY
SAINT GOBAIN CERAMIC MATERIALS CANADA INC
SALCI,TED
SCARINGI,VITO
SCARINGI,VITO
SCARINGI,VITO
SCHUELE,RACHEL
SCOTIABANK
SCOTIABANK
SCOTIABANK
SCOTT,JOANNE
SEALER WORKS
SEALER WORKS
SEALER WORKS
SEGLINS,JONATHAN
SEICK,WILLIAM
SERRAVALLE,LEONARDO& SERRAVALLE, MARCELLA
SETON
SEYMOUR,COLIN
SHAHEEN PEAKER LTD
SHELL CANADA PRODUCTS
SHERWIN WILLIAMS
SHERWIN WILLIAMS
SHRED IT KITCHENER
SICO INC
SIDOFF,ROBERT
SIDOFF CLEANERS AND TAILORS LTD
SIGNATURE SIGNS
SIMCOE GLASS ALUMINUM
SIMPLEX GRINNELL
SIMPLISTIC LINES INC
SIMPLISTIC LINES INC
SINGULAR PRODUCTIONS LIMITED
Che ue No. Cheque Date Purpose
311518 12 -Jun -2007 INSURANCE PREMIUMS
311920 26- Jun -2007 TAX O/P REFUND
311519 12- Jun -2007 CONSULTING SERVICES
311921 26 -Jun -2007 CONSULTING SERVICES
311336 05 -Jun -2007 ADMINISTRATIVE
311337 05 -Jun -2007 PAYROLL REMITTANCE
311520 12- Jun -2007 PAYROLL REMITTANCE
311521 12- Jun -2007 PAYROLL REMITTANCE
311679 19 -Jun -2007 PAYROLL REMITTANCE
311922 26- Jun -2007 PAYROLL REMITTANCE
311925 26- Jun -2007 CANADA DAY
311926 26- Jun -2007 TRAVEUMILEAGE
311927 26- Jun -2007 FOOTWEAR ALLOWANCE
311340 05- Jun -2007 STONE
311682 19- Jun -2007 ADMINISTRATIVE
311341 05- Jun -2007 TAX REFUND
311928 26- Jun -2007 FOOTWEAR ALLOWANCE
311929 26- Jun -2007 FOOTWEAR ALLOWANCE
311343 05- Jun -2007 CONCESSION SUPPLIES
311930 26- Jun -2007 CONCESSION SUPPLIES
311344 05- Jun -2007 UTILITIES
311931 26- Jun -2007 UTILITIES
311345 05- Jun -2007 TAX REFUND
311683 19 -Jun -2007 CONSTRUCTION MATERIALS
311932 26 -Jun -2007 CONSULTING SERVICES
311933 26- Jun -2007 CANADA DAY ENTERTAINMENT
311346 05- Jun -2007 TAX REFUND
311347 05- Jun -2007 TAX REFUND
311934 26 -Jun -2007 PIPE REPLACEMENT
311935 26- Jun -2007 OFFICE SUPPLIES
311348 05 -Jun -2007 TAX REFUND
311525 12- Jun -2007 TRAINING
311349 05- Jun -2007 TRAVEUMILEAGE
311526 12 -Jun -2007 TRAVEUMILEAGE
311350 05 -Jun -2007 TAX REFUND
311684 19 -Jun -2007 PETTY CASH
311527 12- Jun -2007 MAINTENANCE/REPAIRS
311528 12- Jun -2007 STORES /INVENTORY
311351 05- Jun -2007 STORES /INVENTORY
311529 12- Jun -2007 STORES /INVENTORY
311685 19 -Jun -2007 STORES /INVENTORY
311352 05 -Jun -2007 TAX REFUND
311936 26- Jun -2007 ADMINISTRATIVE
311353 05 -Jun -2007 TRAVEUMILEAGE
311530 12 -Jun -2007 TRAVEUMILEAGE
311686 19 -Jun -2007 MATERIALS
311531 12 -Jun -2007 AWARD
311354 05 -Jun -2007 MATERIALS
311355 05- Jun -2007 PURCHASE CARD
311937 26 -Jun -2007 ADMINISTRATIVE
311938 26- Jun -2007 FOOTWEAR ALLOWANCE
311356 05- Jun -2007 MATERIALS
311532 12 -Jun -2007 MATERIALS
311939 26- Jun -2007 PAINT
311940 26 -Jun -2007 CANADA DAY ENTERTAINMENT
311941 26- Jun -2007 FOOTWEAR ALLOWANCE
311357 05 -Jun -2007 TAX REFUND
311942 26 -Jun -2007 AUTOMOTIVE SUPPLIES
311533 12- Jun -2007 SAFETY SHOES
311359 05- Jun -2007 KELLER AND MECHANIC ST
311943 26 -Jun -2007 FUEL
311360 05- Jun -2007 PAINTS
311944 26- Jun -2007 PAINTS
311945 26 -Jun -2007 CONTRACT SERVICES
311361 05 -Jun -2007 STORES /INVENTORY
311363 05- Jun -2007 TAX REFUND
311362 05- Jun -2007 TAX REFUND
311946 26 -Jun -2007 SIGNS
311688 19 -Jun -2007 GLASS REPLACEMENTS
311689 19 -Jun -2007 FIRE EXTINGUISHERS
311364 05- Jun -2007 MATERIALS
311690 19- Jun -2007 FIELD MARKING PAINT
311365 05 -Jun -2007 PARADE FLOAT
Page 9 of 11
Amount
2,457.70
1,790.33
4,234.86
1,858.98
1 4,034.40
196,499.53
207,757.70
16,186.14
196,361.56
209,563.17
1,200.00
59.50
12.50
123.73
1,288.96
3,097.71
20.00
20.00
429.21
1,581.00
914.69
2,534.08
1,825.26
582.39
2,079.00
150.00
511.30
581.85
424.00
173.00
39,304.37
60.00
231.00
368.50
3,680.68
443.38
271.36
1,264.51
56.09
448.71
287.28
6,074.28
1,155.00
156.00
164.00
600.00
750.00
9.68
167,289.46
1,079.42
20.00
2,770.58
2,027.28
2,000.75
800.00
20.00
981.16
54.09
150.00
1,120.42
104,829.03
2,325.38
2,127.37
68.90
596.42
973.13
571.72
342.00
75.79
409.26
1,470.20
1,934.58
1,381.68
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
SINGULAR PRODUCTIONS LIMITED
SMILE THEATRE
SMITH,ED
SNAP ON TOOLS
SNYDER,BILL
SPENCER,ALAN
SPINTON ROOFING LIMITED
ST ONGE,ED
ST SAGA HOLDINGS INC
STAMFORD COLLEGIATE
STEED EVANS LIMITED
STINSON EQUIPMENT LIMITED
STOKES INTERNATIONAL
STRATEGY CORP
STRATEGY CORP.
SULLIVAN MAHONEY
SUN LIFE OF CANADA
SUN LIFE OF CANADA
SUN LIFE OF CANADA
SUN LIFE OF CANADA
SUNCOR ENERGY PRODUCTS INC
SUNCOR ENERGY PRODUCTS INC
SUPERIOR BLEND COFFEE LTD
SUPERIOR BLEND COFFEE LTD
SUPERIOR PROPANE INC
T C HOLDINGS
TAG INC
TALK WIRELESS INC
TALK WIRELESS INC
TAMM COMMUNICATIONS INC
TAMM COMMUNICATIONS INC
TD CANADA TRUST
TELUS INTEGRATED COMMUNICATIONS
TELUS MOBILITY
TELUS MOBILITY
TELUS MOBILITY
TELUS NATIONAL SYSTEMS INC
TELUS NATIONAL SYSTEMS INC
TELUS NATIONAL SYSTEMS INC
TESKEY,BERNADETTE
TETRAULT DAVID
THE CAMERA PLACE FOTO SOURCE
THE EMPIRE LIFE INSURANCE CO
THE EQUIPMENT SPECIALIST INC
THE EQUIPMENT SPECIALIST INC
THE EQUIPMENT SPECIALIST INC
THE EQUIPMENT SPECIALIST INC
THE PEPSI BOTTLING GROUP
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REGIONAL MUNICIPALITY OF NIAGARA
THE REVIEW
THE SENIORS REVIEW
THOMPSON,TAMMY
THOMSON,WAYNE
THOROWEST PLAZA LTD
TICKET TRACER CORPORATION
TIDD,DEREK
TORONTO STAMP INC
TORONTO STAMP INC
TOTO,ANGELO
TRI CITY CURB CUTTING INC
TVCOGECO
TWARDAWSKY,NICK
TYCHYNSKI,RUDY& TYCHYNSKI, YVONNE
TYERS,SUSAN
TYERS,SUSAN
TYNDALL,MARION
UAP INC #963
UAP INC #963
Page 10 of 11
Cheque No. Cheque Date Purpose Amount
311947 26- Jun -2007 PARADE FLOAT 891.48
311366 05- Jun -2007 MATERIALS 700.00
311948 26- Jun -2007 FOOTWEAR ALLOWANCE 20.00
311949 26 -Jun -2007 TOOLS 724.59
311950 26 -Jun -2007 FOOTWEAR ALLOWANCE 20.00
311952 26 -Jun -2007 CANADA DAY ENTERTAINMENT 600.00
311693 19- Jun -2007 CONTRACT SERVICES 45,528.22
311367 05 -Jun -2007 TUITION REIMBURSEMENT 599.06
311369 05- Jun -2007 TAX REFUND 1,410.29
311694 19- Jun -2007 ADVERTISING 200.00
311953 26- Jun -2007 CONTRACT SERVICES 117,361.61
311535 12 -Jun -2007 MAINTENANCE/REPAIRS 302.49
311695 19 -Jun -2007 UNIFORM ACCESSORIES 2,632.91
311368 05- Jun -2007 CONSULTING SERVICES 4,240.15
311536 12- Jun -2007 CONTRACT SERVICES 4,240.04
311370 05- Jun -2007 CONSULTING SERVICES 1,676.35
311537 12 -Jun -2007 BENEFIT PREMIUM 380.93
311557 13 -Jun -2007 BENEFIT PREMIUM 329.14
311697 19- Jun -2007 BENEFIT PREMIUM 260,686.67
311698 19- Jun -2007 BENEFIT PREMIUM 256,093.52
311696 19 -Jun -2007 PROPANE 1,821.30
311954 26- Jun -2007 FUEL 1,807.34
311372 05 -Jun -2007 OFFICE SUPPLIES 499.39
311700 19 -Jun -2007 COFFEE SUPPLIES 472.73
311699 19-Jun-2007 PROPANE 62.70
311374 05- Jun -2007 TAX REFUND 3,609.83
311955 26- Jun -2007 AUTOMOTIVE PARTS 394.27
311701 19 -Jun -2007 MATERIALS 465.00
311956 26- Jun -2007 CANOPY NETWORK ACCESSING 286.04
311373 05- Jun -2007 ADVERTISING 1,264.83
311957 26- Jun -2007 ADVERTISING 949.63
311375 05 -Jun -2007 TAX REFUND 818.63
311538 12 -Jun -2007 UTILITIES 2,750.54
311539 12 -Jun -2007 UTILITIES 8,817.78
311703 19 -Jun -2007 UTILITIES 319.18
311958 26- Jun -2007 CONTRACT SERVICES 304.93
311376 05- Jun -2007 EQUIPMENT 12,072.38
311704 19 -Jun -2007 UTILITIES 1,956.41
311959 26- Jun -2007 UTILITIES 9,815.97
311960 26- Jun -2007 FOOTWEAR ALLOWANCE 20.00
311961 26- Jun -2007 REFUND 73.49
311771 26 -Jun -2007 FILM 328.32
311607 19- Jun -2007 BENEFITS 30,306.97
311377 05 -Jun -2007 LEASES AND RENTS 11,172.00
311540 12- Jun -2007 LEASES AND RENTS 3,000.00
311611 19- Jun -2007 LEASES AND RENTS 6,224.40
311812 26- Jun -2007 LEASES AND RENTS 7,501.20
311705 19- Jun -2007 CONCESSION SUPPLIES 3,586.52
311338 05- Jun -2007 SIGNS 4,904.15
311522 12 -Jun -2007 DEBENTURE PAYMENT 150,429.00
311680 19 -Jun -2007 ADMINISTRATIVE 1,200.00
311681 19 -Jun -2007 DEBENTURE PAYMENT 329,940.00
311923 26- Jun -2007 WATER AND WASTE FLOW MAY /0; 1,692,638.87
311924 26 -Jun -2007 SIGNS 28,575.15
311962 26 -Jun -2007 ADVERTISING 9,330.98
311963 26 -Jun -2007 ADVERTISING 397.50
311964 26- Jun -2007 CANADA DAY ENTERTAINMENT 700.00
311378 05 -Jun -2007 INTERNET FEES 152.49
311379 05- Jun -2007 TAX REFUND 3,891.30
311706 19- Jun -2007 CONTRACT SERVICES 12,540.00
311707 19 -Jun -2007 TOWN CRIER 1,500.00
311541 12- Jun -2007 OFFICE SUPPLIES 80.20
311708 19- Jun -2007 OFFICE SUPPLIES 389.29
311542 12- Jun -2007 LIVESTOCK CLAIM 150.00
311380 05- Jun -2007 CURB CUTTING 1,164.62
311709 19 -Jun -2007 MATERIALS 17.10
311381 05- Jun -2007 TRAVEUMILEAGE 119.00
311382 05- Jun -2007 TAX REFUND 4,013.41
311543 12- Jun -2007 TRAVEL 102.00
311965 26- Jun -2007 FOOTWEAR ALLOWANCE 20.00
311966 26 Jun 2007 FOOTWEAR ALLOWANCE 20.00
311383 05- Jun -2007 STORES /INVENTORY 975.89
311544 12 -Jun -2007 STORES /INVENTORY 128.66
CITY OF NIAGARA FALLS
MUNICIPAL ACCOUNTS
Vendor Name
UAP INC #963
UNITED WAY
UPPER CANADA CONSULTANTS
UPS CANADA
URBAN ENVIRONMENTAL MANAGEMENT INC
URBAN ENVIRONMENTAL MANAGEMENT INC
URBAN METRICS INC
V GIBBONS CONTRACTING LTD
V GIBBONS CONTRACTING LTD
VADIM COMPUTER MANAGEMENT GROUP LTD
VALUE ADDED SYSTEMS INC
VAN HOUTE COFFEE SERVICES INC CO 38
VANDEN BUSSCHE IRRIGATION
VANIER,DYLAN
VERROCHE,KEVIN
VIC VATRT CONTRACTING LTD
VINELAND QUARRIES
VISCUSI,PASQUALE& VISCUSI, ELIZABETH
VMG (5400 STANLEY AVE) INC
VOKEY,JASON
VUKSAN,RANKO& VUKSAN, DUSAN
WAHEED,ABDUL
WALK ON DUST CONTROL
WALK ON DUST CONTROL
WALK ON DUST CONTROL
WALKER BROTHERS ASPHALT
WALKER BROTHERS ASPHALT
WALKER BROTHERS QUARRIES LTD
WALKER BROTHERS QUARRIES LTD
WALKER BROTHERS QUARRIES LTD
WARNER,BILL
WASHINGTON,WES
WAYNE SAFETY INC
WESCO DISTRIBUTION CANADA INC
WHALEN,RICHARD
WHITE,CARLY
WHITING EQUIPMENT SERVICES COMPANY LTD
WIENS,DAVE
WILSON,STEPHEN& WILSON, BONITA
WINGER,TERRI
WINTER FESTIVAL OF LIGHTS
WIRELESS WORKS
WIRELESS WORKS
WOMEN'S PLACE OF SOUTH NIAGARA INC
WOMEN'S PLACE OF SOUTH NIAGARA INC
WRIGHT FUELS INC
WSIB
WSIB
WYLIE,BRENDA
YELLOW PAGES GROUP
YMCA
YMCA
YMCA
YMCA
YMCA
YOUNG SOD FARMS LTD
YWCA ST CATHARINES
ZAPPITELLI,NICOLA ANTHONY
ZAVITZ,SHERMAN
Cheque No. Cheque Date Purpose
311710 19 -Jun -2007 STORES /INVENTORY
311967 26- Jun -2007 PAYROLL REMITTANCE
311711 19 -Jun -2007 CONSULTING SERVICES
311712 19- Jun -2007 COURIER
311384 05 -Jun -2007 CLIFTON HILLNICTORIA AVE INTEI
311547 12 -Jun -2007 WARREN CREEK GEOMORPHOLO►
311968 26 -Jun -2007 CONTRACT SERVICES
311715 19 -Jun -2007 CONTRACT SERVICES
311716 19- Jun -2007 CONTRACT SERVICES
311548 12- Jun -2007 COMPUTER
311549 12 -Jun -2007 MATERIALS
311714 19 -Jun -2007 COFEE SUPPLIES
311713 19 -Jun -2007 MATERIALS
311969 26- Jun -2007 CANADA DAY ENTERTAINMENT
311970 26- Jun -2007 FOOTWEAR ALLOWANCE
311385 05 -Jun -2007 CONTRACT SERVICES
311971 26- Jun -2007 STONE
311386 05 -Jun -2007 TAX REFUND
311387 05 -Jun -2007 TAX REFUND
311471 12 -Jun -2007 CONSULTING SERVICES
311388 05- Jun -2007 MATERIALS
311389 05 -Jun -2007 TRAVEUMILEAGE
311551 12- Jun -2007 MATS
311718 19 -Jun -2007 MATS
311974 26 -Jun -2007 MATS
311390 05 -Jun -2007 ASPHALT
311972 26 -Jun -2007 ASPHALT
311391 05 -Jun -2007 GRANULAR STONE
311717 19- Jun -2007 GRANULAR A STONE
311973 26 -Jun -2007 GRANULAR A STONE
311975 26- Jun -2007 CANADA DAY ENTERTAINMENT
311976 26- Jun -2007 FOOTWEAR ALLOWANCE
311552 12 -Jun -2007 STORES /INVENTORY
311977 26- Jun -2007 STORES /INVENTORY
311978 26- Jun -2007 FOOTWEAR ALLOWANCE
311553 12- Jun -2007 AWARD
311979 26 -Jun -2007 CONTRACT SERVICES
311392 05- Jun -2007 LOT GRADING REFUND
311980 26- Jun -2007 REFUND
311981 26- Jun -2007 ADMINISTRATIVE.
311982 26 -Jun -2007 GRANT
311554 12- Jun -2007 UTILITIES
311719 19 -Jun -2007 CONTRACT SERVICES
311983 26- Jun -2007 GRANT
311984 26 -Jun -2007 GRANT
311720 19 -Jun -2007 FUEL
311393 05- Jun -2007 PAYROLL REMITTANCE
311989 26- Jun -2007 REMITTANCE
311721 19 -Jun -2007 PETTY CASH
311722 19- Jun -2007 ADVERTISING
311394 05- Jun -2007 MACBAIN CENTRE
311726 20- Jun -2007 CONTRACT SERVICES
311727 20 -Jun -2007 DONATION
311986 26 -Jun -2007 PAYROLL REMITTANCE
311987 26- Jun -2007 CONTRACT SERVICES
311556 12 -Jun -2007 SOD
311988 26- Jun -2007 GRANT
311395 05- Jun -2007 TAX REFUND
311724 19 -Jun -2007 REMITTANCE
Page 11 of 11
Amount
39.52
1,242.00
12,758.16
53.18
3,195.74
34,753.40
7,545.36
7,460.28
70,761.12
5,512.00
3,659.40
118.40
73.67
1,590.00
20.00
13,718.52
597.27
2,527.78
4,226.88
243.75
662.83
273.00
21.94
188.88
23.10
872.43
1 ,667.79
2,534.53
311.07
2,917.44
500.00
10.00
870.05
5,974.91
20.00
1,000.00
530.00
1,000.00
298.21
65.00
31,666.67
5,597.40
1,398.39
20,000.00
2,083.33
31,477.69
716.84
161,249.26
476.81
28.41
6,039.05
2,149.29
100.00
12.00
1,086.59
2,434.85
5,181.83
1,676.12
1,500.00
Total 22,087,243.39
A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 9t day July, 2007.
y
WHEREAS it is deemed desirable and expedient that the actions and roceedin s of Council as
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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 9' day of July, 2007 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
Y p
where the prior approval of the Ontario Municipal Board or other authority is by law required
uired
tY Y q
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 takin g any action
Y
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, and
g, authorizing
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 Nia ara 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 ninth day of July, 2007.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
July 9, 2007.
July 9, 2007.
July 9, 2007.
CITY OF NIAGARA FALLS
By-law No. 2007