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Additions to Council, November 13, 2012ADDITIONS TO COUNCIL, TUESDAY, NOVEMBER 13, 2012 COUNCIL Planning 1. PD- 2012 -68 - OPA No. 107, Proposed Urban Boundary Expansion a) Correspondence from Michael Bissett, Bousfields Inc. b) Copy of power point presentation c) Letter from Jean Grandoni Reports 1. R&C- 2012 -24 - Review of 2012 Slo -Pitch Tournament Weekends a) Request from Bill Miller to address Council b) Correspondence from the Chippawa Volunteer Firefighters Association By -law Additional by -law 1. By -law 2012 -124 A by -law to authorize the execution of an Agreement of Purchase and Sale with Ellen Ruth Moody, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. Council Information 1. Memo to Council re: VTS - WEGO Operations, Maintenance, and Storage Facility Request for Qualifications (RFQ) - Information Session/Workshop BOUSFIELDS INC. Project No. 0323 November 12, 2012 Mayor Jim Diodati and Members of Council City of Niagara Falls 4310 Queen Street, City Hall Niagara Falls, ON L2E 6X5 Dear Mayor Diodati and Members of Council: Re: Support for Proposed Official Plan Amendment 107 (PD- 2012 -68) Hospitality Resorts Inc. As you know, we are planning consultants for Hospitality Resorts Inc. with respect to their lands located on the west side of Kalar Road, north and south of Mountain Road, where two small residential clusters are proposed as part of the "MONT ROSE At Niagara" proposal. The proposed amendment 107 to the City of Niagara Falls Official Plan would provide an urban boundary expansion to include the subject lands owned by Hospitality Resorts Inc. As you know we have been seeking an urban boundary expansion for many years and we fully support the proposed amendment 107, which is in accordance with Council's direction of October 2009. As background, we participated throughout the Regional Growth Management Strategy (Regional GMS) process and made submissions to the Region regarding the implementing Regional Policy Plan Amendment. In part in response to our submissions, the as- adopted Regional Policy Plan Amendment Number 2 -2009 incorporates a policy (Policy 4.6.2), which allows for expansions to urban boundaries by way of municipally - initiated applications. Specifically, Policy 4.6.2 arose out of a specific direction by Regional Planning Committee, and provides that municipally- initiated applications will be considered by the Region as they are received and will be evaluated on their merits "independent of the five year review cycle for the Region's Growth Management Strategy ". It is within this framework that staff have now provided an analysis of land need and concluded that the inclusion of the subject lands would contribute to meeting housing demand as part of the Gateway North Secondary Plan process. As stated in the staff report, the expansion is very modest and would accommodate less than one -year supply of housing at today's rate of consumption. Furthermore, any concern with respect to an ongoing expansion of the urban boundary in northwest Niagara is unfounded given the location of the Greenbelt and Niagara Escarpment to the north, as well as the large quarry to the west. 3 Church St., #200, Toronto, ON M5E 1M2 T 416 - 947 -9744 F 416- 947 -0781 www.bousfields.ca 96 BOUSFIELDS INC. We also note that the current lease that Hospitality Resorts holds on lands to the west of the expansion area are restricted to open space uses. Again, we are writing to express our strong support for the proposed Official Plan Amendment 107 and look forward to working with staff throughout the subsequent secondary plan process. If there are any questions with respect to this submission, please contact the writer. Yours very truly, Bousfields Inc. Michael Bissett, MCIP, RPP c. 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L2E 6S4 Niagara Falls City Council 4310 Queen St. Niagara Falls, On L2E6X5 Nov. 13, 2012 Members: RE: PD- 2012 -68 (AM- 2008 -032) Official Plan Amendment No 107 City of Niagara Falls Urban Boundary Expansion, South of Mountain Rd., Between Garner and Kalar Roads Agriculture I stand opposed to this development which will erase one of the best intact, prime land farms remaining in the entire Region , counting both above and below the Escarpment. An early Welland County Soils Map describes the soils here as Oneida Clay Loam, a rare type found only in this location in the City of Niagara Falls, being north and south of Mountain Rd. and between Garner and Montrose Roads. This former dairy farm was sold in recent years and thereafter rented by cash crop farmers. Crops grown include corn as high as eight feet, soybeans as high as three feet, and wheat. The staff report says that the sight appears to be fallow this year but in fact was planted to soybeans and corn. However , it is a common practise to "summer fallow" to leave the land idle for a season to allow soil nutrients to be replenished. In 2011, I travelled to the Farm Show and observed that the corn grown on the subject lands was the tallest field of corn en route between Niagara Falls and Woodstock. An apple orchard containing "old varieties" is found here. There is actually an organization of apple growers who are trying to preserve such orchards and who assist one another to do so. The large open uninterrupted fields allow for efficient movement of today's large farm machinery used for cultivating and planting. As a former dairy farm, nourishing organic matter has been deposited to make rich the prime soils. A young farmer from Fonthill where I picked strawberries, complained to me that he could not find one hundred acres in one spot to farm, and instead has to travel to a half a dozen parcels to achieve viability. This is a costly way to farm especially with todays high cost of fuel. Many a young farmer would welcome the opportunity to own this farm. History The farm was sold twice from the time it was a dairy operation and severed in half when sold the second time to the present owners. One reason given in the Regions comments on this severance to justify it, was that the land was not farmed. This is totally untrue. There is keen competition among cash croppers to rent here as you can get on it earlier than other lands due to the better drainage and thus have the advantage of receiving the earlier rains. Cash Crop Value The Canadian Whisky Industry thrives on Ontario corn. Ontario distilleries use 110,000 to 120,000 tonnes of corn every year and they source almost 100 percent of that from right here at home. This whisky represents a $500 million a year export market. Add to this the corn starch, corn syrup, and Breakfast Cereal Industries. Try telling the workers in these factories that their jobs are dispensable. Actions of Present Owner His first move was to immediately erect NO Trespass signs on the forests. This was a sure signal to conservationists that these two large forests would soon be threatened and they are. This developer, however, was not so quick to erect a subdivision sign to notify the Public of the proposed deforestation as is normally required. Also to be noted is that no subdivision sign has been erected for the Northwest Community Landowners Group development. In 2007, the next action was to truck in loads of fill from the Hilton Hotel foundation excavation on to a portion of the property. My complaint to Council about this dumping resulted in NO action taken against any guilty party in spite of strong agricultural zoning in place since 1979 and the existence of an anti - dumping by -law. Eventually some of this fill was trucked to the Fernwood subdivision two miles away down Garner Rd. With such heavy truck traffic, Garner Rd. was left a disaster of potholes in a very short time and had to be repaved in the fall of 2009 at no cost to the guilty. The same can be said of a portion of Mountain Rd. OMB Urban Boundary Decision of 1979 This decision concluded that the area Between Niagara Falls and Thorold is capable of growing plums, pears and apples and grapes (other than vinifera). However vinifera grapes are now proven to be successfully grown here and one example is right across the road from the subject site. The Regions "Good General " farmland designation for this area is false. It should be Good Grape and Good Fruit as proven in the OMB decision of 1979 and further it belongs in the Greenbelt. The Open House of Oct. 3, 2012 At the Open House, the developer's representative told me that they were going to dedicate the forests to the Conservation Authority. This I found hard to believe as I had in my possession colour photos from the developers own publication showing 50% of one forest destroyed by both the villas and golf course and serious encroachment on the other. This forest elimination is confirmed by tonight's report. FORESTS and THE NATURAL HERITAGE ISSUES SUMMARY REPORT BY Mr. Sean Colville, Consultant for the Developer At one time there was a sign on Mountain Rd. describing it as a Scenic Route. About the only Tourist view left is these two majestic forests and the Toronto Skyline along the Escarpment. We are about to lose more. According to Mr. Colville, the Ministry of Natural Resources has NOT yet evaluated these forests for any categories. This Consultant has only done a Preliminary Environment Assessment meaning that it is inadequate and incomplete. Only two field site visits were made and both in the same month of October 2006. To achieve an accurate inventory of all species — animals, birds, amphibians, reptiles, fish , trees and vegetative communities, a full season study must be done over the entire year with several visits . The current Colville Study devotes a lot of reporting of environment legislation but little species inventory except to indicate that three rare species may occur on or adjacent to the Subject Lands. These include two plant species, Deerberry, Devil's -bit and one animal species, the Tufted Titmouse, which is ranked imperilled to vulnerable in Ontario. The Colville report admits that "To protect endangered and threatened species their habitat (such as forest) must be protected ". He goes on to say "Before concluding whether the property contains portions of the habitat of endangered species and threatened species, more detailed inventories will be required to confirm the presence of this and other rare plant and animal species ". Page 14 Further he states, on page 16, that "Early work prepared by ESG International Inc. (1995) identified the woodlot adjacent to Kalar Road as a locally significant ANSI ". Based on size alone these two forests could be deemed significant and are the best for habitat size from here to McLeod Rd. One Sunday afternoon as I was proceeding south on Garner Rd. some 500 feet south of Mountain Rd., an entire herd of about eight deer crossed Garner Rd. They were coming from the subject property moving west. A north bound car missed them by inches. FARMERS, IN SPITE OF TOUGH FINANCIAL PERIODS, HAVE PRESERVED THESE FORESTS, SO CAN DEVELOPERS. In PD- 2012 -61, Information Report Ontario Wetland Evaluation System, on tonight's agenda, the city states that "wetlands" (forests), within the Urban Boundary create adverse impacts such as reducing the efficient use of land and cause underutilization of municipal infrastructure. Such comments should be applied to urban sprawl developments such as proposed tonight and previously with Amendment 106 and not to preservation of our forests and natural heritage features. Impacts on Agriculture Already without even final approval of Amendment 106 to the east, adverse impacts to the Agricultural Community are being multiplied with this development. As more prime land is lost, prices for rented land will increase. Animal feed costs will rise if hay cannot be found nearby, and in periods of drought when additional feed is needed, it might not be found. Cash crop farming requires a large land base to finance the large equipment used. As the land base disappears, so will the farmers. Gateway Designation: This designation is being proposed for both Amendments 106 and 107. The Gateway Designation is for lands located in "settlement areas" only according to Places to Grow legislation. This means areas only within the urban boundary. One reason developers want this is because such a zone makes them eligible for Community Improvement grant money. Bus Services The city's own transit staff state that the subject area would be costly to service and that it would undoubtedly remain a transcab zone for a very long period of time, considering the large amount of infill that would be necessary to effectively apply a fixed route system to the development. Servicing Wastewater Infrastructure —As this development depends on servicing from the proposed Amendment 106 east of Kalar Rd. and east of the subject site, the same arguments apply, namely the lack of capacity in the Kalar Pumping Station, and continued pollution of the pike spawning Shriners Creek from raw sewage overflows. If there is any capacity left in the Kalar P.S., it should be used firstly to accommodate all the sewage from the overflows in order to eliminate them. Water: The waterline was extended to the lands to the east of Kalar due to well water pollution from the city dump NOT due to groundwater pollution from septic systems, as Councillor Thompson claimed at Oct. 23 Council Meeting. The Club across the street had holding tanks only and never a septic system. The Regency and the Church have upgraded their septic systems and the Club has installed a private Pumping Station so nobody out here needs new sanitary services. They are all nonconforming uses in an agricultural area. They cannot expand and should never have gotten as big as they have based on a nonconforming use designation. Vacant Land Supply and Need I requested these figures from the Planning Department and they are not providing them until after this Public Meeting. The City has a ten year supply in registered and draft plans. Once again housing projections are being juggled to justify urban expansion. Remember that no one is talking about the over three thousand retiring baby boomer single family homes that could flood the market in the next twenty years. Need for the Golf Course has not been demonstrated. The proponents admit that they want to build the Golf Villas to finance the Golf Course. Four Golf Courses in Niagara are said to be in financial trouble and three wineries have gone bankrupt including one of the oldest in the Region . This project could soon become just another subdivision as has already happened with other Golf Courses where more forest has been converted to housing than originally planned for. They have owned the lands long enough to be harvesting grapes by now. This leads one to question their motives. Who initiated the Amendment? It is difficult to be convinced that this application is municipally initiated when the applicants agents continually, by way of written correspondence, pleaded with the Region that they themselves had applied to the Region for an urban Expansion. In their letter dated Sept. 25, 2012 (ICP102 -2012) Bousfields Inc. states that on October 9, 2008, Hospitality Resorts Inc., did file an application to amend the Niagara Region Policy Plan. The City Council motion came two years later on October 19, 2010. Missing Studies, Therefore Amendment Must be Denied The following studies have not been submitted to the best of my knowledge: 1) Agricultural Impact Assessment 2) Environmental Impact Study – should include hydrogeological 3) Stormwater Management Plan & Impacts 4) Needs Study —need for the golf course 5) Archaeological 6) Record of Site Condition for the fill dumped on the site. 7) Min. of Natural Resources Wetlands Evaluation . Also missing are comments from the Min. of Natural Resources and Niagara Peninsula Conservation Authority who were sent notices of this application. The application is incomplete according to the Planning Act and your own Official Plan and must be denied. On page 90 of the Growth Management Strategy, the Dillon Consultants state "Niagara is foregoing several million dollars per year in Development Charges revenues as a result of DISCOUNTS AND EXEMPTIONS" To whom ?? Therefore higher taxes and user rates are applied, meaning higher sewer and water bills and increased hydro charges. Then there are grants to Gateway Zoned Proposals such as with Amendments 106 and 107. The same people wanting D.C. Exemptions are demanding costly urban sprawl type expansions. The message from the developers is loud and clear —Give us development but you pay!!! In conclusion Niagara Falls has been allotted more housing units than any city in the Region, has more greenfields within its urban boundary, has just declared some 200 acres east of Stanley Ave. as a Brownsfields redevelopment area, - -- -and now demands special consideration for urban boundary expansions which are being achieved by abuse of the procedure and the flaunting of pollution laws. These urban boundary expansions onto the best remaining prime farmlands in the City are nothing small, rather they are a MAJOR THRUST IN THE WRONG DIRECTION driven by false mapping. Any good planning achieved to date for this area will be lost. I request notice in writing of Councils Decision. Yours truly, Jean Grandoni (11/12/2012) Dean lorfida - Fwd: Re: Slo -Pitch National Page 1 From: Kathy Moldenhauer To: Dean Iorfida CC: Ken Todd Date: 11/12/2012 11:04 AM Subject: Fwd: Re: Slo -Pitch National fyi, Bill Miller would like to speak at tomorrow's Council meeting. Did request he notify staff in advance. Kathy »> William Miller <wrmmiller@yahoo.com> 11/12/2012 11:00 AM »> Yes I will be there Sent from my iPhone On 2012- 11 -12, at 10:51 AM, "Kathy Moldenhauer" <kmoldenhauer@niagarafalls.ca> wrote: > hi Bill > Council starts at 7 pm. If you would like to speak to report please let me know and I will inform the Clerks office. > Kathy »» Bill Miller <wrmmiller©yahoo.com> 11/12/2012 9:47 AM »> > Kathy what time tomorrow night for council should we be there. thanks Bill > - -- On Mon, 11/12/12, Kathy Moldenhauer <kmoldenhauer @niagarafalls.ca> wrote: > From: Kathy Moldenhauer <kmoldenhauer©niagarafalls.ca> > Subject: Re: Slo -Pitch National > To: spn©aslo- pitch.com, "Bill Miller" <wrmmiller @yahoo.com> > Received: Monday, November 12, 2012, 6:11 AM > hi Bill and Trish > Attached is the revised report that has been provided to Council. Note the second report recommendation. > Kathy »» Bill Miller <wrmmiller ayahoo.com> 11/11/2012 8:48 AM »> > thanks > - -- On Sun, 11/11/12, Kathy Moldenhauer <kmoldenhauer©niagarafalls.ca> wrote: > From: Kathy Moldenhauer <kmoldenhauer@niagarafalls.ca> > Subject: Re: Slo -Pitch National > To: wrmmiller(ayahoo.com > Received: Sunday, November 11, 2012, 5:47 AM V FA TAT ON 4 'CHIPPAWA VOLUNTEER FIREFIGHTERS ASSOCIATION To: Niagara Falls Mayor Jim Diodati Niagara Falls Member of Council From: Tim Koabel, President, Chippawa Volunteer Firefighters Association Date: Thursday Nov.08, 2012 Re: SPN Slo -pitch Tournaments Good Afternoon. Last year the Chippawa Volunteer Firefighters Association were approached by Bill Miller and his SPN Group to become the new hosts of the Niagara Falls Spn Championship Tournaments. This was due to the closing of the Optimist Club in Niagara Falls. With our past experience of 35 years of hosting successful , we felt this would be would help keep the tournament but also an excellent opportunity for us to do some serious fundraising for the community. Although the venture was new to ourselves and the City, we jumped in with both feet. Also because this was new, we had no previous figures to work with in regards to monies coming in and out. We were not involved in the initial negotiations of the cost of the arena. At the end of Tournaments, with all the ups and down of any new venture, we survived. Once the paper work was completed we were happy but yet disappointed. We found that after roughly 2000 man hour of work, that the cost of arena basically had taken up a third of the monies coming in. The first Tournament was considered a loss and the August had to take care of arena fees for both May and August. Minimal sales in both these weeks contributed to the loss. We were able to make up some ground on the last few weeks. I would like to ask at this time if Mayor Diodati and Council would consider a reduction in rate for this past season. I would be inappropriate for us to ask for having fees waived all together, but if you insist, but a suggestion would be waive the fees and a Donation of a yearly, Ten Thousand dollars made from our Association to a fund for renovation and upkeep to the Chippawa Willoughby Memorial Arena and Patrick Cummings Park. This would keep monies in the Community and help with upgrade to the arena and Park. I would be available to get together and speak on this matter further should you request. I would also like to discuss the City Water bottle ban. We found that the City Policy of the Water Bottle Ban hurt us greatly in regards to expected income. We figure due to lack of sales there was a loss of 6 -8 Thousand dollars. With usage of arena comes rental fee for arena, renting tables, renting chairs and other equipment that the Optimist didn't have to deal with. These were major expenses for us. I would like Council to look at adding exemption to the water bottle ban similar to Toronto which has exemption for Special Occasion permit due to lack of sources of water, health and safety, and when large amounts of people are involved. We have 12 -15 thousands ball players coming to Niagara Falls, and as hosts we would like to make sure they enjoy there visit. Respectfully Tim Koabel President, Chippawa Volunteer Firefighters Association 905 - 295 -4847 CITY OF NIAGARA FALLS By -law No. 2012- A by -law to authorize the execution of an Agreement of Purchase and Sale with Ellen Ruth Moody, respecting the purchase of lands in the City of Niagara Falls, in the Regional Municipality of Niagara. THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS AS FOLLOWS: 1. An Agreement of Purchase and Sale made between Ellen Ruth Moody, as Vendor and The Corporation of the City of Niagara Falls, as Purchaser for the property described as Part of Lot 20, Plan NS22 being approximately 93 feet in width by 22 feet in depth, in the City of Niagara Falls, in the Regional Municipality of Niagara, subject to such terms and conditions as set out in the Agreement of Purchase and Sale attached hereto, is hereby approved and authorized. 2. The Mayor and Clerk are hereby authorized to execute the Agreement of Purchase and Sale and all other documents that may be required for the purpose of carrying out the intent of this by -law. 3. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such documents. Passed this thirteenth day of November, 2012. DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR First Reading: Second Reading: Third Reading: November 13, 2012. November 13, 2012. November 13, 2012. AGREEMENT OF PURCHASE AND SALE PURCHASER, The Corporation of the City of Niagara Falls , agrees to purchase from VENDOR, Ellen Ruth Moody , the following: REAL PROPERTY: Address Part of 6034 Kalar Road, and legally described as Part of Lot 20, Plan NS22, in the City of Niagara Falls, in the Regional Municipality of Niagara, being approximately 93 feet in width by 22 feet in depth, as shown hatched on Schedule "A" attached (the "property "). PURCHASE PRICE: Fifty Thousand Six Hundred and zero Dollars (CDN$50,600.00) DEPOSIT: Purchaser submits Five Thousand and Zero--------- - - - - -- Dollars (CDN$5,000.00) cash or negotiable cheque payable to the Vendor upon acceptance to be held in trust pending completion or other termination of this Agreement and to be credited toward the Purchase Price on completion. Purchaser agrees to pay the balance as follows: The balance of the purchase price by bank draft or certified cheque to the Vendor on closing, subject to the usual adjustments. SCHEDULE(S) "A" and "B" attached hereto forms(s) part of this Agreement. 1. CHATTELS INCLUDED: N/A 2. FIXTURES EXCLUDED: N/A 3. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. N/A 4. IRREVOCABILITY: This Offer shall be irrevocable by Purchaser until 4:30 p.m. on the 30`" day of November , 2012 , after which time, if not accepted, this Offer shall be null and void and the deposit shall be returned to the Purchaser in full without interest. 5. COMPLETION DATE: This Agreement shall be completed by no later than 5:00 p.m. on or before the 20th day of December , 2012. Upon completion, vacant possession of the property shall be given to the Purchaser unless otherwise provided for in this Agreement. 6. NOTICES: Any notice relating hereto or provided for herein shall be in writing. This offer, any counter offer, notice of acceptance thereof, or any notice shall be deemed given and received, when hand delivered to the address for service provided herein or, where a facsimile number is provided herein, when transmitted electronically to that facsimile number. FAX NO. (905)- 356 -8938 (For delivery of notices to Vendor) FAX NO. (905) 371 -2892 (For delivery of notices to Purchaser) 7. HST: If this transaction is subject to Harmonized Sales Tax (H.S.T.), then such tax shall be in addition to the Purchase Price. If this transaction is not subject to H.S.T., Vendor agrees to provide on or before closing, a certificate that the transaction is not subject to H.S.T. 8. TITLE SEARCH Purchaser shall be allowed until 6:00 p.m. on or before the 10th day of December, 2012. (Requisition Date) to examine the title to the property at his own expense and until the earlier of: (1) thirty days from the later of the Requisition Date or the date on which the conditions in this Agreement are fulfilled or otherwise waived or; (ii) five days prior to completion, to satisfy himself that there are no outstanding work orders or deficiency notices affecting the property, that its present use Residential R1 D may be lawfully continued and that the principal building may be insured against risk of fire. Vendor hereby consents to the municipality or other governmental agencies releasing to Purchaser details of all outstanding work orders affecting the property, and Page 1 of 7 Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require. 9. FUTURE USE: Vendor and Purchaser agree that there is no representation or warranty of any kind that the future intended use of the property by Purchaser is or will be lawful except as may be specifically provided for in this Agreement. 10. TITLE: Provided that the title to the property is good and free from all registered restrictions, charges, liens, and encumbrances except as otherwise specifically provided in this Agreement and save and except for (a) any registered restrictions or covenants that run with the land providing that such are complied with; (b) any registered municipal agreements and registered agreements with publicly regulated utilities providing such have been complied with, or security has been posted to ensure compliance and completion, as evidenced by a letter from the relevant municipality or regulated utility; (c) any minor easements for the supply of domestic utility or telephone services to the property or adjacent properties; and (d) any easements for drainage, storm or sanitary sewers, public utility lines, telephone lines, cable television lines or other services which do not materially affect the present use of the property. If within the specified times referred to in paragraph 8 any valid objection to title or to any outstanding work order or deficiency notice, or to the fact the said present use may not lawfully be continued, or that the principal building may not be insured against risk of fire is made in writing to Vendor and which Vendor is unable or unwilling to remove, remedy or satisfy and which Purchaser will not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end all monies paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such day and except for any objection going to the root of the title, Purchaser shall be conclusively deemed to have accepted Vendor's title to the property. 11. DOCUMENTS AND DISCHARGE: Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the property except such as are in the possession or control of Vendor. If requested by Purchaser, Vendor will deliver any sketch or survey of the property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any Charge /Mortgage held by a corporation incorporated pursuant to the Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registerable form on completion, Purchaser agrees to accept Vendor's lawyer's personal undertaking to obtain, a discharge in registerable format to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 12. INSPECTION: Purchaser acknowledges having had the opportunity to inspect the property prior to submitting this Offer and understands that upon acceptance of this Offer there shall be a binding agreement of purchase and sale between the Purchaser and Vendor. 13. INSURANCE: All buildings on the property and all other things being purchased shall be and remain until completion at the risk of Vendor. Pending completion Vendor shall hold all insurance policies, if any, and the proceeds thereof in trust for the parties as their interest may appear and in the event of substantial damage, Purchaser may either terminate this Agreement and have all monies paid returned without interest or deduction or else take the proceeds of any insurance and complete the purchase. No insurance shall be transferred on completion. If Vendor is taking back a Charge /Mortgage, or Purchaser is assuming a Charge /Mortgage, Purchaser shall supply Vendor with reasonable evidence of adequate insurance to protect Vendor's or other mortgagee's interest on completion. Page 2 of 7 14. PLANNING ACT: This Agreement shall be effective to create an interest in the property only if Vendor complies with the subdivision control provisions of the Planning Act by completion and Vendor covenants to proceed diligently at his expense to obtain any necessary consent by completion. 15. DOCUMENT PREPARATION: The Transfer /Deed shall, save for the Land Transfer Tax Affidavit, be prepared in registerable form at the expense of Vendor, and any Charge /Mortgage to be given back by the Purchaser to Vendor at the expense of the Purchaser. If requested by Purchaser, Vendor covenants that the Transfer /Deed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990. 16. RESIDENCY: Purchaser shall be credited towards the Purchase Price with the amount, if any, necessary for Purchaser to pay to the Minister of National Revenue to satisfy Purchaser's liability in respect of tax payable by Vendor under the non - residency provisions of the Income Tax Act by reason of this sale. Purchaser shall not claim such credit if Vendor delivers on completion the prescribed certificate or a statutory declaration that Vendor is not then a non - resident of Canada. 17. ADJUSTMENTS: Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to apportioned to Purchaser. 18. TIME LIMITS: Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who may be specifically authorized in that regard. 19. TENDER: Any tender of documents or money hereunder may be made upon Vendor or Purchaser or their respective lawyers on the day set for completion. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 20. FAMILY LAW ACT: Vendor warrants that spousal consent is not necessary to this transaction under the provisions of the Family Law Act, R.S.O. 1990 unless Vendor's spouse has executed the consent hereinafter provided. 21. UFFI: Vendor represents and warrants to Purchaser that during the time Vendor has owned the property, Vendor has not caused any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Vendor's knowledge no building on the property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction, and if the building is part of a multiple unit building, this warranty shall only apply to that part of the building which is the subject of this transaction. 22. CONSUMER REPORTS: The Purchaser is hereby notified that a consumer report containing credit and /or personal information may be referred to in connection with this transaction. 23. AGREEMENT IN WRITING: If there is conflict between any provision written or typed in this Agreement (including any Schedule attached hereto) and any provision in the printed portion hereof, the written or typed provision shall supersede the printed provision to the extent of such conflict. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Purchaser and Vendor. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. This Agreement shall be read with all changes of gender or number required by the context. Page 3 of 7 24. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms herein. DATED AT Niagara Falls this day of , 2012 IN WITNESS whereof I have hereunto set my hand and seal: Purchaser: THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE James M. Diodati, Mayor DATE Dean lorfida, City Clerk I, the Undersigned Vendor, agree to the above Offer. DATED AT Niagara Falls this '71' day of Al ( -) SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set my hand and seal: , 2012 L-t. /I ; '(�� q DATE .L!ciL).7 z ELLEN RUTH MOODY ( By her Attorney Robert Mo dy Page 4 of 7 CONFIRMATION OF EXECUTION: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all changes both typed and written was finally executed by all parties at a.m. /p.m. this day of , 20 (Signature) ACKNOWLEDGEMENT I acknowledge receipt of my signed copy of this accepted Agreement of Purchase and sale and direct that a copy be forwarded to my lawyer. THE CORPORATION OF THE CITY OF NIAGARA FALLS DATE DATE (Vendor) Per: James M. Diodati, Mayor DATE DATE (Vendor) Per: Dean lorfida, Clerk Purchasers Address for Service: The Corporation of the City of Niagara Falls, 4310 Queen St., P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 Purchaser's Lawyer: Kenneth L. Beaman Address: 4310 Queen Street, P.O. Box 1023 Niagara Falls, Ontario, L2E 6X5 Tel. No. (905) 356 -7521 FAX No. (905) 371 -2892 Vendor's Address for Service: 6034 Kalar Road Niagara Falls, ON L2H 1T3 Tel. No. 905 - 354 -5155 Vendor's Lawyer Andrew Henderson, McBurney, Durdan, Henderson & Corbett Address 4759 Queen Street, P.O. Box 177 Niagara Falls, ON L2E 6T3 TeI.No. (905) - 356 -4511 FAX No. (905)- 356 -8938 Page 5 of 7 STAMFORD PT LOT 139 NIAGARA FALLS CITY 272510000810000 KALAR RD FRONTAGE. 167170 4310 QUEEN ST PO BO% 1023 STN YAM 12E 801 MAGMA EA113, ON, CANADA NCDS SCHEDULE "A" PROPOSED SIDEWALK 1.5m WIDE BIKE LANE CR,,va aVHPiT SSW 1700 !x. WUICR' =1E SO Y WIDE BIK 93'NE SE `tEO N .710POSED SIDEWALK N KALAR ROAC N822 LOT 21 BARRY PATRICK DEBORAH LEE 000603300 CALAR RD me MARK MAR RD 274 1T3 d13. ON. CANADA ELLEN RUTH MOODY Part of Lot 20, Plan NS22 6034 Kalar Road Niagara Falls PLAN 74822 LOT /9 SHIERLAW THOMAS ROSS 272509000803500 6018 KALAR RD WIGWAM 21.77m 601E KALAR RD 171 173 MAOMA PALLS. ON, CANADA SCHEDULE "B" A. The Purchase Price shown on Page 1 of this Agreement is comprised of the following: Land for road widening, disturbance and injurious affection 93 feet x 22 feet = 2,046.45 sq. ft. 2,046.45 sq.ft. @ $22.25/sq.ft. = $45,533.51 To sign offer - $4,500.00 Reinstatement of sprinkler irrigation system by the Vendor - $510.00 Total Compensation = $50,543.51, rounded to $50,600.00 B. The Purchaser will obtain, at its cost, a reference plan description of the Property to be transferred. C. The Purchaser will reimburse the Vendor for its reasonable legal fees incurred in connection with the Purchaser's acquisition of the Property, upon receipt of an itemized statement of account. D. The Purchaser will reinstate the Vendor's asphalt driveway and concrete curbs. Page 7 of 7 Business Development Department Inter - Department Memorandum Niagaraaa11s TO: Mayor James (Jim) Diodati DATE: November 9, 2012 and Members of Council c. Ken Todd, CAO FROM: Serge Felicetti Director of Business Development Ext. 5102 Karl Dren Director of Transportation Services RE: VTS - WEGO Operations, Maintenance, and Storage Facility Request for Qualifications (RFQ) - Information Session/Workshop At a previous Council meeting, several Councillors, expressed interest in obtaining additional information regarding the VTS Facility. An information session was held on July 26, 2012. RFQ(s) for the construction, mechanical, and electrical contractors have been undertaken. You are invited to attend a second workshop where information will be provided regarding the next steps in the process to construct the Facility. Thursday, November 15, 2012 City Hall - Committee Room 1 12 noon - 2:00 p.m. Lunch will be served. 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