Additions to Council, October 8,2013 ADDITIONS TO COUNCIL, TUESDAY, OCTOBER 8, 2013
REPORTS
1. TS-2013-40 - Conventional Transit Routing and Scheduling Revitalization Action
Plan
a) Copy of power point presentation
2. F-2013-54 - Infrastructure Projects, Advancement of Engineering Design Phase
a) Letter from Ruth-Ann Nieuwesteeg, Chair, Main & Ferry BIA
PRESENTATIONS
1. Memo re: Niagara Falls Falcons Minor Midget Baseball Team - OBA Champions
PLANNING MATTERS
1. PBD-2013-62 - OPA No. 12, Value Added Agricultural Uses
A) Email from Art Federow
COMMUNICATIONS
1 . Request from Umbrella Energy: re: Solar projects
RECOMMENDATION: Refer to staff
BY-LAWS
1 . 2013-151 A by-law to authorize the execution of an Agreement of Purchase and Sale with
Stephan Kelley and Heather Lawrence-Kelly, respecting the purchase of lands
in the City of Niagara Falls, in the Regional Municipality of Niagara.
2. 2013-152 A by-law to authorize the execution of an Agreement of Purchase and Sale with
1006057 Ontario Limited, respecting the purchase of lands in the City of
Niagara Falls, in the Regional Municipality of Niagara.
INFORMATION
1. Letter dated October 2, 2013 from OLG re: the new Municipality Contribution Agreement .
2. Letter dated October 4, 2013 from the Ministry of Rural Affairs re: Small, Rural and
Northern Municipal Infrastructure Fund .
10/7/2013
M
Niagara Falls Transit
Revitalization Action Plan
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Revitalization Action Plan
Objectives:
• Address Schedule Adherence Challenges
• Improve Customer Transfer Connectivity
• Enhance Efficiency by Migrating Services
• Create Linear Routes & Reduce Redundancy
• Better Serve Major Traffic Generators
• Greater Access to WEGO System
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Revitalization Action Plan
Marketing Action Plan
Community Outreach — staff will be travelling on
buses and visiting high traffic locations to better
reach all residents.
Open Houses — MacBain Centre, Main Library
BIA Sessions — to inform Employers, Staff
Secondary Schools — benefits of enhancements
Post Secondary — updates to Niagara College and
Brock University services.
transit
8
10/7/2013
Revitalization Action Plan
Marketing Action Plan
Press Release — distribute Tues., Oct. 15th to generate
media inquiries.
Bus Marketing — posters and print materials on buses
to inform our customers.
Rider's Guides — update and distribute community
wide. Mail outs to residents.
Print Marketing — advertisements in daily and weekly
newspapers to enhance the reach of the message.
transit
Revitalization Action Plan
Marketing Action Plan
Website — direct traffic to website for information.
Social Media — utilize facebook, twitter to extend
marketing reach to target markets.
Community T.V. — approach our Community T.V. for
opportunities to inform residents of changes.
Promotional Introduction Period — provide the first
week at no charge to acquaint loyal customers and
educate new customers with the service.
transit
9
10/7/2013
77?
niagarai :. transit
4, the way to go!
i:fri 1 r r•i Ft' 008 } 'i
MAIN (Sz FERRY
BUSINESS IMPROVEMENT ASSOCIATION
c/o 6062 Main St. Niagara Falls, ON L2G 5Z9
October 8, 2013
RE: F-2013-54
Infrastructure Projects Advancement of Engineering Design
Phase
Mayor Diodati and Members of City Council
4310 Queen Street
Niagara Falls, ON
L2E 6X5
Dear Mayor Diodati and Councillors,
At our September 25 BIA Board meeting, the consensus was that the
City's proposed short term landscaping plan (wall and entrance
features, streetscaping, etc) for the Serbian Cultural Centre site
should be declined, and replacing the 45 year old Farmers' Market
building be advanced to the short term.
We have become aware that the engineering design work for Sylvia
Place transit station is proposed for approval this evening. In our
opinion, this would be an opportunity to coordinate the market and
transit hub.
Given the site's limitations (size and configuration) and the
challenges posed by these, design work for the Farmer's Market and
Transit hub must be coordinated. Designing one structure in advance
of the other will preclude possibilities and impose avoidable problems
and limitations.
Parking availability is already an issue. Our members are concerned
that the City is trying to squeeze too much into the available space.
The Market vendors share similar concerns. They have identified
parking as their biggest issue currently.
Public consultation and coordination of project design will be critical
to getting it right. Market vendors' large trucks need space to
maneuver just as buses do.
A suitable replacement structure for the Market, that meets the
vendors' needs, need not be fancy or expensive, just functional. We
cannot stress strongly enough how critical it is to coordinate the
design of the Market and Transit projects.
Our concerns can be addressed by expanding the design budget and
scope of the work proposed to include the Market design with the
Transit project design. We are asking that the monies for the interim
landscaping be redirected to the building design work.
Our BIA has a strong commitment to the Market. We have provided
$75,000 thus far, from our $100,000 commitment as your project
partners. We look forward to continuing to work with the City on
optimizimg development of Sylvia Place.
Res ! tfu ly su mitt ,
oa �
p„, ,/e/ 4,
uth-Ann Nieuwesteeg, Chair
Community Services Department
Recreation & Culture
N iagaraaalls
Inter-Department Memorandum
TO: Cathy Crabbe DATE: October 8, 2013
Mayor's Office
FROM: Lori Albanese
Community Development Coordinator
Ext. 3332
RE: Awards at Council - Tuesday, October 8, 2013 at 7:00 p.m.
Niagara Falls Falcons Minor Midget Baseball Team - OBA Champions
The Niagara Falls Falcons Minor Midget Baseball Team recently participated in the Ontario
Baseball Association Championship. This was the Falcons third time in five years the group has
won a provincial title, having finished second the last two years. Niagara Falls beat Clarington
twice in the final. Congratulations to the Niagara Falls Falcons Minor Midget Baseball Team.
Team Members include:
Ryan Bray Michael Brettell Jaret Chipman
Tyler Goss Jordan Hiltz Tanner Mills
Jordan Politi Lucas Revill Jacob Saddler
Joe Scaringi Daniel Schmahl Brendan Shannon
David Schulz Aaron Wilkinson Tyler Wood
William Nitransky
Coaches:
John Hiltz - Head Coach
Darren Schmahl - Assistant Coach
Jeff Bray - Assistant Coach
cc.Dean lorfida, Kathy Moldenhauer
S:\Awards\2013'•October 8,2013 - Falcons Minor Midget OBA Champs.wpd
Working Together to Serve Our Community
Municipal Works • Fire Services • Parks, Recreation & Culture • Business Development • Building& By-Law Services
Dean Iorfida
From: Carolynn Ioannoni <carolynnioannoni @me.com>
Sent: Tuesday, October 08, 2013 10:46 AM
To: Art Federow
Cc: Dean Iorfida
Subject: Re: council meeting tonight
On 2013-10-08, at 10:40 AM, Art Federow wrote:
Hello
Hope all is well with you. Please take a few minutes to read below. I would truly appreciate it.
In Regard to report PBD-2013-62 Value added agriculture.
Executive summary --The policies aim to recognize uses in the rural area that are related to agriculture
and will help support and strengthen the agriculture industry.
Question-- Do the policies recognize many of the rural farms in the municipality of Niagara Falls-- noting that
they are much smaller in land mass than the majority of farms in the rest of the region? Has there been a report
of that nature generated? I do believe your going to find more parcels of farm land under 50 acres than over
, with a vast majority between 10 and 25 acres after you remove wetland ,designated forest, waterways and
flood plains portions. The farmers that are left in our N.F. boundary face different challenges pertaining to
collective land mass. This is in comparison to larger farms, many I would think over 50 acres through out the
rest of Niagara Region
Analysis --4 th line --agri-tourism and uses that produce value-added agriculture products from the
farm operation.
Has the Region and City recognized that a farm operation may include many more properties than the one
location where the farmer lives?
Point in case -- I farm 6 properties --3 which I own, 3 owned by different corporations ( 2 under 40 acres , 1
under 30 , 1 under 20 and 2 under 15 acres) farmable land. This is as Niagara South Federation of Agricultures
letter to council stating--- a normal farm practice---the renting and leasing of land. Also in Niagara South
Federation of Agriculture letter is reference to--- farmer to farmer sales and to end users including consumers.
This brings me to the point of value added uses examples such as ...canneries , bakeries , cheese ,
wineries ,Marketing--- farmer markets , produce stands , or support ----machinery repair seed supplies. There
is no reference acknowledging the farmer networking with his fellow farmers to use or sell their products at
your location . Example canneries --My daughters make jam , we buy local peaches ,cherries etc. and they make
the different jams ,but those fruits are not produced on site ,but rather by my neighbour who specializes in fruit
farming. Same with baking--ex pies ---same with cheese your buying goat milk from one farmer cow milk
from another , another example --- produce stands --- my neighbour grows pumpkin's , I grow squash , one
1
specialize in sauce tomatoes one in peppers , point we buy from each other to resell and there is no mention or
acknowledgement of that farming practice or for it to be recognized as part of a farming business. If you had a
produce stand that only offered what you grow on your property you would not sell to many products jam ,pie
,cheese, wine, vegetable's , fruit, if you see where I am coming from. There seems to be an omission of
clarification in their statement of---opportunities for farm diversification. If the intent is to limit the farmer to
only what he can produce at his location than this report is not changing a whole lot.
In the agri -tourism portion of the report it acknowledges--- Niagara South Federation of Agriculture
submitted comments were generally supportive with a request that specific areas be reconsidered for increase
flexibility to the fanner. I believe Niagara Falls proper(boundries)are one in point not only for agri-tourism
but also value added uses. Example above.
Yet in the BACKGROUND portion of the report it states---One of those initiative's was to enhance
opportunities for farm diversification„ie. value added use. I would hope this means , local farmers diversifying
with and networking with all local fanners in the area to promote and sell the various products they produce
without site or location specific producing or selling rules.
Example--- an agri tourism bed and breakfast or bakery that was not allowed to sell
peach or cherry pie because those peaches and cherries were not grown on the
property would be a step backwards in the bigger picture.
If the intent is truly to allow the fanner to diversify ---there should be acknowledgement and reference to their
ability to network with fellow producers in the area,to buy their product, for the sake of resale to consumers or
distributors. Not limiting the fanner to sell only what he can produce or at the one location where he may
reside. Farming is a different world now and as you are aware, not many young people want to put in the time
required. Hence --help the farmer succeed OR buy your food from China.
I submit these as comments respectfully in effort to have a better understanding of the report from staff and
what the end result will be.
Thanks for your time
Art Federow
2
UMBRELLA ENERGY a
YOUR ALTERNATIVE ENERGY SOURCE
October 4th, 2013
Dear Mayor and Member of Niagara Falls Council,
The new rounds of Feed-in-Tariff (FIT) program is going to be announced by the Ontario Power
Authority at the end of November and these will be awarded to qualifying applicants in a very
limited window.
Niagara Collage and Niagara Research had been hired by Umbrella Energy to do a third party
analysis on the installation of solar projects, including the costs and the returns.
The next window of oppourtunity for participation in the program could yield an approximately
$44,000 annual return off of an initial $300,000 investment for a 100kW solar installation. Over
the life of the contract,the municipality would generate well over $800,000 in revenue,
including over a half million dollars of profit over the initial investment. This would give the City
of Niagara Falls no financial risk and at the same time show that we are truly fighting for a more
sustainable future.
This is a third party study; it is unbiased and deemed to be correct. All municipalities, schools,
church properties and health building have priority points in the awarding of these contracts.
At this time we are requesting the City of Niagara Falls to form an Energy Sustainability
committee to study these facts and be ready for this round of contracts which will take place at
the end of November. Attached you will find the actual report prepared by Niagara Collage,
Niagara Research and Umbrella Energy. I strongly suggest that this is the route the City of
Niagara Falls should take.
A project size should be decided and tendered. Umbrella Energy is willing to do the entire
application process at no charge and turn it over to the City. Please note we are very
knowledgeable in this field. Our door is always open and we are there for questions at any time.
This report is very comprehensive. it will need presentation to the Energy Sustainability
committee to be fully understood.
Sincerely,
•
Umbrella Energy
UMBRELLA ENERGY o`1"'
,,.*.v ra •e• ;ou•<< • Tel/Direct +1 289 296 6108 sunny(djumbreilaenergy corn I www urnorellaenergy corn
CITY OF NIAGARA FALLS
By-law No. 2013 -
A by-law to authorize the execution of an Agreement of Purchase and Sale with Stephan
Kelley and Heather Lawrence-Kelley, 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 Stephen Kelley and Heather
Lawrence-Kelley, as Purchaser, and The Corporation of the City of Niagara Falls, as
Vendor, for the property described as Parcel E-1 Section M33; Block E Plan M-33; being
approximately 2,760 square feet, 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 eighth day of October, 2013.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: October 8, 2013.
Second Reading: October 8, 2013.
Third Reading: October 8, 2013.
10/02/2013 WED 12: 03 FAX 1 002/007
•
oRFA Rrto Agreement of.Purchase and Sale ?arm 100
A.ta[.a6on For use In the Province of Drltodla
This Agreement of Purchase and Sale dated this,,,,,,,,,,,,,,,1sth day of September 20 13
BUYER, Stephen Kelley and Heather Lawrence.Kelley , agrees to purchase from
(fut legal narnes of alt buyers)
SELLER,..The Corporation of The City of Nlag�arc balls , the following
(Full laud names at ail shier)
REAL PROPERTY:
Address Vacant Land Rear of at 3817 Sinnlcks Avenue, Niagara Falls,Ontario •-.- .
fronting on the side of
in the City of Niagara Falls
and having o frontage of - more or less by a depth of more or less
and legally described as BLK E, PL M33, all of PIN 64278-0153; NIAGARA FALLS
.I 5 ii (the"property").
(Legal description o{land incfuaing easements nol described olsewilere)
PURCHASE PRICE: Dollars (CDN$) 3,800.00
Three Thousand, El9ht Hundred- ------_----------.-•.--....•.................. ...--------"--•----- --"-" Dollars
DEPOSIT: Buyer submits Upon Acceptance
(Herewith/Upon Accoplonce/os otherwise described in This Agreement)
Three Hundred and Eighty— ••••••••••• Dollars CDN$)..380,00
by negotiable cheque payable to The Corporation of The City of Niagara Falls "Deposit Holder"
to be held in trust pending completion or other termination of this Agreement and to be,credited toward the Purchase Price on completion.
For the purposes of this Agreement "Upon Acceptance" shall mean that the Buyer is required to deliver the deposit to the
Deposit Holder within 24 hours of the acceptance of this Agreement. The parties to this Agreement hereby acknowledge that,
unless otherwise provided for in this Agreement, the Deposit Holder shall place the deposit In trust in the Deposit Holder's
non-interest bearing Real Estate Trust Account and no interest shall be earned, received or paid on the deposit.
Buyer agrees to pay the balance as mare particularly set out in Schedule A attached-
SCHEDULE(S)A attached hereto forms)part of this Agreement.
1. IRREVOCABILITY: This Offer shall be irrevocable by • Seller until 11:59 a.m./p.m. on
;Setlar/Buyer)
the 9th day of October 20 13 , after which time, if not accepted, this
Offer shall be null and void and'the deposit shall be returned to the Buyer in Full without interest.
2, COMPLETION DATE:This Agreement shall be completed by no later than 6100 p.m.on the 30th day
of October , 20 13 • Upon completion, vacant possession of the property shall be given to the
Buyer unless otherwise provided for in this Agreement.
INITIALS OF BUYER(S): � INITIALS OF SELLER(S): CID
Eaa 2012,Orror o lhol EieM Aa. iri5en('OREA1. All it re..ova Mr kelp ear d.nlopd br OREA far C.u.a and r aaducnan d W m ink.t.o d,Im mix
orh:Any oawr vr.a mprai.A:m Ir swsepl wsh pAa wrillan omwnk of ORFA On na die when pdrN,p no-rapradwine Ole'bustard maw portien Form 100 Revised 2012 Pape 1 of 6
77,I form le Ucorlete for usrby BEVERLY JO H0D08ON only.
10/02/2013 WED 12: 03 FAX 0003/007
•
3. NOTICES:The Seller hereby appoints the-Listing Brokerage as agent for the Seller for the purpose of giving and receiving
notices pursuant to this Agreement. Where a Brokerage(Buyer's Brokerage) has entered Into a representation agreement
with the Buyer, the Buyer hereby appoints the Buyer's.Brokerage as agent for the purpose of giving and receiving notices
pursuant to this Agreement. Where a Brokerage represents both the Seller and the Buyer (multiple
representation),the Brokerage shall not be appointed or authorized to be agent for either the Buyer or
the Sailer for the purpose of giving and receiving notices. Any notice relating hereto or provided for herein
shall be in writing. In addition to any provision contained herein and in any Schedule hereto,this offer, any counteroffer,
notice of acceptance thereof or any notice to be given or received pursuant to this Agreement or any Schedule hereto
(any of them, 'Document") shall be deemed given and received when delivered personally or hand delivered to the
Address for Service provided in the Acknowledgement below, or where a facsimile number or email address Is provided
herein, when transmitted electronically to that facsimile number or email address, respectively, in which case, the
signature(s) of the party (parties) shall be deemed to be original.
FAx Na. 905.371-2892 FAX No 905-354-0171
(For-delivery of•Decumenis to'Seller) (For delivery of Documents to Buyer)
Email Address: Ibankseniagarafalis.ca Email Address: realestate( bevhodgson.com
(For delivery of Documents to Sellerl (For delivery of Documents to Buyer(
4. CHATTELS INCLUDED- NIA
Unless otherwise staled in this Agreement or any Schedule hereto, Seller agrees to convey all fixtures and chattels
included in the Purchase Price free from all liens, encumbrances or claims affecting the said fixtures and chattels.
5. FIXTURES EXCLUDED- NIA
6. RENTAL ITEMS: The following equipment is rented and not included in the Purchase Price. The Buyer agrees to assume
the rental contract(s), if assumable: NIA
7. HST: If the sale of the property (Real Property as d:�-'t;`��above) is subject to Harmonized Sales Tax (HST), then such
11 }plZ
tax shall be a Purchase Price. IF the sale of the property is not subject to HST,
(included in/in addition to(
Seller agrees to certify on or before closing, that the sale of the property is not subject to HST.
Any HST on chattels, if applicable, is not included in the purchase price.
INITIALS OF BUYER(S)t ftliri INITIALS OF SELLER(S):
ER *2012,Ontario trod Ease Auod d w CORFAl. M Ogles mewed.Thy.tam wt.developed M AREA by to uutmd repred.dm of h°o^"" Farm 7 00 Revised 20 12 Pogo 2 of
G
n ty My Niue.ti a ri:•anti 1'1.fenhaAri nererl r' wee,.rnwe ai C1RFw.rl,,n.nitr w p.b it 0 el'•r'ri' 6.0 pr fieSo'
TN*roar It(Ieinled(or vie by el?V RLy JO HODGSON only_
10/02/2013 WED 12: 03 FAX ®004/007
6 da s prior to closin 13
8. TITLE SEARCH:Buyer shall be allowed until 6:00 p.m.an the � any of $ 20
(Requisition Date) to examine the title to the property at Buyer's own expense and until the earlier af: (i) thirty days from
the later of the Requisition Data or the date on which the conditions in this Agreement are fulfilled or otherwise waived
or; (ii) five days prior to completion, to satisfy-Buyer that there ore no outstanding work orders or deficiency notices
affecting the property, and that its present use( vacant land
may be lawfully continued and that the principal building may be insured against risk of fire. Seller hereby consents to
the municipality or other governmental agencies releasing to Buyer details of all outstanding work orders and deficiency
notices affecting the property, and Seller agrees to execute and deliver such further authorizations in this regard as Buyer
may reasonably require.
9. FUTURE USE:Seller and Buyer agree that there is no representation or warranty of any kind that the future intended use
of the property by Buyer 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 complted_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 Id) any easements for drainage, storm or sanitary sowers, public utility lines, telephone lines,
cable television lines or other services which do not materially affect the use of the property_ If within the specified limes
referred to in paragraph 8 any valid abjection 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 Seiler and which.Seller is unable or unwilling to remove, remedy or satisfy or obtain insurance
save and except against risk of fire (Title Insurance) in favour of the Buyer and any mortgagee, (with all related costs of
the expense of the Seller), and which Buyer will not waive, this Agreement notwithstanding any intermediate acts or
negotiations in respect of such objections, shall be at an end and all monies paid shall be returned without interest or
deduction and Seller, listing Brokerage and Cooperating Brokerage 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, Buyer shall be
conclusively deemed to have accepted Seller's title to the property.
11.CLOSING ARRANGEMENTS: Where each of the Seller and Buyer retain a lawyer to complete the Agreement of
Purchase and Sale of the property and where the transaction will be completed by electronic registration pursuant to
Part IIi of the Land Registration Reform Act, R.S.O. 1990 Chapter LA and the Electronic Registration Act, S.O. 1991,
Chapter 44, and any amendments thereto, the Seller and Buyer acknowledge and agree that the exchange of closing
funds, non-registrable documents and other items (the "Requisite Deliveries and the release thereof to the Seller and
Buyer will (a) not occur at the same time as the registration of the transfer/ ed (and any other documents intended to
be registered In connection with the completion of this transaction)and (b) be subject to conditions whereby the lawyers)
receiving any of the Requisite Deliveries will be required to hold same in trust and not release same except in accorcance
with the terms of a document registration agreement between the said lawyers. The Seller and Buyer irrevocably instruct
the said lawyers to be bound by the document registration agreement which is recommended from time to time by the
Law Society of Upper Canada. Unless otherwise agreed to by the lawyers, such exchange of the Requisite Deliveries will
occur in the applicable Land Titles Office or such other location agreeable to both lawyers.
12. DOCUMENTS AND DISCHARGE: Buyer 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 Seller. If requested by Buyer, Seller will
deliver any sketch or survey of the properly within Seller's control to Buyer 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 Trust And Loan
Companies Act (Canada), Chartered Bonk, Trust Company, Credit Union, Caisse Populaire or insurance Company and
which is not to be assumed by Buyer on completion, is not available in registrable form on completion, Buyer agrees to
accept Seller's lawyer's personal undertaking to obtain, out of the closing funds, a discharge in registrable Form and to
register same, or cause same to be registered, on title within a reasonable period of time after completion, provided that
on or before completion Seller shall provide to Buyer a mortgage statement prepared by the mortgagee setting out the
balance required to obtain the discharge, and, where a real-time electronic cleared funds transfer system is not being
used, a direction executed by Seller directing payment to the mortgagee of the amount required to obtain the discharge
out of the balance due on completion.
13. iNSPECTIONc Buyer acknowledges having had the opportunity to inspect the property and understands that upon
acceptance of this Offer there shalt be a binding agreement of purchase and sole between Buyer and Seller. The Buyer
acknowledges having the opportunity to Include a requirement for a property inspection report in this
Agreement and agrees that except as may be specifically provided for in tilts Agreement, he Buyer will
the property.
not be obtaining a property Inspection or property inspection report regarding
INITIALS OF BUYER(S): ra, INITIALS OF SELLER(S): Q a",,,
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.4N M Y Oh.,u.*a M r. don I.pr4I6i.d.a r A p w1},prior w.Hon ca..nt el O R C A.Ps e&otv w+.n pl'Yne or 1 vpoclocing 6w daMad pm.'per`n. Farm 100 Ravi iod 2012 Pa go 3 of 6
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10/02/20L3 WED L2: 03 FAX ®005/007
14. INSURANCE: All buildings on the property and-all other things being purchased shall be and remain until completion
at the risk of Seller. Pending completion, Seller shall hold all insurance policies if any, and the proceeds thereof in trust
for the parties as their interests may appear and.ih the event of substantial damage Buyer may either terminate his
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 Seller is taking back a
Charge/Mortgage, or Buyer is assuming a Charge/Mortgage, Buyer shall supply Seller with reasonable evidence of
adequate insurance to protect Seller's or other mortgagee's Interest on completion.
15, PLANNING ACT:This Agreement shall be effective to create an interest in the property only if Seller complies with the
subdivision control provisions of the Planning Act-by completion and Seller covenants to proceed diligently at Seller's
expense to obtain any necessary consent by completion.
16. DOCUMENT PREPARATION: The Transfer/Deed shall, save for the Land Transfer Tax Affidavit, be prepared in
registrable form at the expense of Seller, and any Charge/Mortgage to be given back by the Buyer to Seller at the
expense of the Buyer. If requested by Buyer, Seller covenants that tie Transfer/Deed to be delivered on completion shall
contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O,1990.
-— - 1.7: RESIDENCY: Buyer shrill bazradtrui tewords the Purchase Pricerwtih the amaont, if any necessary for Buyer toptaylcs-
the Minister of National Revenue to satisfy Buyers-liability in respect of tax payable by Seller under the non•resldency
provisions of the Income Tax Act by reason of this sale. Buyer shall not claim-such credit if Seller delivers on completion
the prescribed certificate or a statutory declaration that Seller Is not then a non-resident of Canada.
18.ADJUSTMENTS; Any rents, mortgage interest, really 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 be apportioned to Buyer,
19. PROPERTY ASSESSMENT: The Buyer and Seller hereby acknowledge that the Province of Ontario has implemented
current value assessment and properties maybe reassessed on an annual basis.The Buyer and Seller agree that no claim
will be made against the Buyer or Seller, or any Brokerage, Broker or Salesperson, for any changes in property tax as
a result of a re-assessment of the property, save and except any property taxes that accrued prior to the completion of
this transaction.
20,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 Seller and Buyer or by
their respective lawyers who may be specifically authorized in that-regard.
21.TENDER: Any tender of documents or money hereunder may be made upon Seller or Buyer or their respective lawyers
on the day set for completion. Money may be tendered with funds drown on a lawyer's trust account in the form of o
bank draft, certified cheque or wire transfer using the Large Value Transfer System.
22. FAMILY LAW ACT: Seller warrants that spousal consent is not necessary to this transaction under the provisions of the
Family Law Act, R.S,O.1990 unless Sellers spouse has executed the consent hereinafter provided.
23.UFFI: Seller represents and warrants to Buyer that during the time Seller has owned the property Seller has not caused
any building on the property to be insulated with insulation containing ureaformaldehyde, and that to the best of Seller's
knowledge no building on the property contains or has ever contained Insulation that contains ureaformdldehyde. This
warranty shall survive and not merge on the completion of this transaction, and if the building is port of a multiple unit
building, this warranty shall only apply to that port of the building which is the subject of this transaction.
24. LEGAL ACCOUNTING AND ENVIRONMENTAL ADVICE: The parties acknowledge that any information provided
by the brokerage is not legal, tax or environmental advice.
25. CONSUMER REPORTS: The Buyer Is hereby notified that a consumer report containing credit and/or
personal Information may be referred to in connection with this transaction.
26.AGREEMENT IN WRITING: If there is conflict or discrepancy between any provision added to this Agreement
(including any Schedule attached hereto) and any provision in the standard preset portion hereof, the added provision
shall supersede the standard pre-set provision to the extent of such conflict or discrepancy This Agreement including any
Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller, There is no representation,
warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. For the
purposes of this Agreement, Seller means vendor and Buyer means purchaser. This Agreement shall be read with all
changes of gender or number required by the context.
27.TIME AND DATE:Any reference to a time and date in this Agreement shall mean the time and date where the property
is located.
rr�7''�� INITIALS OF BUYER(S): �Js� INITIALS OF SELLER(S):
iza0 2012,OntoRo Rd Edac 4udalon nshi■read-1M.km val.devr6p.d by OI1E4 ror■Fo urn aid npadudbf d C nwnben and limos
on Any Aar woo.r.prodia�n:s po6rbeod nail ye'h plorw*1Man=mad OREA W val oh,,VMm i ,r,e or nprodming AW g*' #rd W►NT"°`Ion- Form 100 Reviled 2012 Page 4 nib
no furnl I lrovrravd for vs*by BEVERLY Jo HuDQ5ON wily.
10/02/2013 KED L2: 04 FAX Z006/007
28. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are
bound by the terms herein.
slf. 0,sEgiD to DELIVERED in the presence of: IN`MTN/ ereof I h.. • • °unto set my hand and seal:
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I, the Undersigned Seller, agree to the above.Offer.l hereby evocably instruct my lawyer to pay directly to the brokerage(s)
with whom I have agreed to pay commission, the unpaid balance of the commission together with applicable Harmonized
Sales Tax land any other taxes as may hereafter be applicable), from the proceeds-of the sale prior to any payment to the
undersigned on completion, as advised by the brokerage(s) to my lawyer.
SIGNED,SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have hereunto set ray bond and seal:
. _..._
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SPOUSAL,CONSINT:The Undersigned Spouse of the Seller hereby consents to the disposition evidenced herein pursuant to
the provisions of the Family Law Act, R.S.O.1 990, .and hereby agrees with the Buyer that he/she will execute all necessary
or incidental documents to give Full force and effect to the sale evidenced herein.
(111 DATE
• (Spouse] (Sent
CONFIRMATION OF ACCEPTANCE: Notwithstanding anything contained herein to the contrary, I confirm this Agreement with all
changes both typed and written was finally accepted by all parties at a.m./p.m.this day
. .—
tiiiAldillfl akelior or toyed
. INFORMATION ON BROKERAGE(S)
wing Brokumg, NONE . . Tal.No(. 1 --
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ACKNOWLEDGEMENT
I acirriowladei a receipt of my signed copy of this accepted Agreement of I.acknowlecite receipt of my sired copy of this accersittlgreernent of
p .vrchose and Sale and I authorize the Brakezage to 6wurd a copy to ray krnyer. Purchase a • •a and I oat-oda;the Brokerage to a copy to ray .
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Address For Service Add res.*For Sarve -
.. . , . Tel-Ncht .) TeI.No.( )
&Ake,Lebyy.,..M of Niagara Falls,Legal Services Buyard,La„,,„),,,,, Bev Hodgeon
mcimu. 4210 Queen Street,P0Box 102.3„Nlsgera Fells_,ON,L2 Add,. .KOST Drummond Road,Niagara Farts,antaria,L2G 45111
( 905 )356.7521 x.5209 ( 995 ) 371-2992 i 905 )354-1600
tf.1.140. Ax)49, '41:f4o. no.4 No.
FOR OPFICE LISR ONLY COMMISSION TRUST ACOMMINT
To;co,e9grof kg Pokercip albsce on the foregoing Agncomerfsi ni Pi.,Tchon,..4 sato:
in mnskteroteen for the Cacperanng Brokerosge Frac:mot;the.oregoing.e.grescrient of nioshose an Sale,i hereby.rher.Jore hot..W moneys renewed or receivable by me 41 connection with
the Tionsecilon as contemplated In the MUM Wes and Peselattens of my Ittiollstalv Board shall be receivable and held In trust.This agreement Moll mossiest*,a CCH1IMIS I Ian True Agreement
as defined In'ho ML5117 Rules and shall be sued to end governed by the ML-Sell Rules pertaining to Commisitan true.
DATED as of the dote and time of the acne lance of the foregoing Agreement of Purchase and Sale. Acknowledged by,
tAsithorixed to bind the being flrokoragel Vurthorimed to bind the Co-oporating Brokerage!
0 2012,°Marla Rod Eskele Aoodotlan("CREN1,AthIghla. ed.WI lormW121 d11140p111 hr cstPA kr 4,4,103 mid loproduckal of h mordiers end here.,
tmly.Any oho/use tar tvcoptIv05on Is prolikeed er...owthpierlYAInn iummt of c*ria.Oh'ma oho ss1cm iceomp,e.Nmehrica ho esorimil,......pncim Form 100 Rnyksesrl 1017 Page a of 6
mil(arm!.Ucena.0 er as.by BEVERLY JO HOOOSON anis%
10/02/2013 WED L2: 04 FAX E007/007
•
OKA ORoaI ENr Schedule A : . • Form 100
oatocleum lar uae In rho Pro•Inco of Onlorla
Agreement of PutchaSe`and Sate
This Schedule is attached to and forms part of the Agreement'of Purchase and Sale between:
BUYER, Stephen Kelley and Heather Lawrence•Kelley , and
SELLER, The Corporation of The City of Niagara Falls
for the purchase and sale of Vacant Land Rear of at 3817 Sinnicks Avenue,-Niagara Fails, Ontario
dated the 13t day of September , Z0 1a
- -- B iWir'"agrees to 0E4101'6 #allows: . .- _ . .
The Buyer agrees to pay the balance of the purchase price,subject to adjustments,to the Seller on completion
of this transaction,with funds drawn on a lawyer's trust account in the form of a bank draft,certified cheque or
wire transfer,
•
This form must be-initialed by all parties to the Agreement of Purchase and Sale.
INITIALS OF 19UYElt(S): INITIALS OF SELLER(S):
r,2012,On Rd Ewt.Anorialico rORF1fi_Alf Isn rowrwd.1hlr fain won d..dop.d 6y°REA for be oat and ti esproakeor of M1 ingnb.,.yed Itasrw.
orir Any dm,,.00rruprodudun I.palblad..tea, ,pour wrbw,conresh34 OREO.Dv nal diet when pitting or nproduDbe 0 ,andord p►w p.lon. 'WW1 100 Rawl&od 2012 Pogo 6 of 6
This Ibrt»1*Mans*?TOr wa by BEVERLY JO HODGSON only.
CITY OF NIAGARA FALLS
By-law No. 2013 -
A by-law to authorize the execution of an Agreement of Purchase and Sale with 1006057
Ontario Limited, 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 1006057 Ontario Limited, as
Purchaser, and The Corporation of the City of Niagara Falls, as Vendor, for the property
described as of Lot 11 Plan 49 Stamford, Part of Lot 10 Plan 49 Stamford as in ST21143
lying north of BL83 save and except Part 1 on Reference Plan 59R-14870; Niagara Falls,
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 eighth day of October, 2013.
DEAN IORFIDA, CITY CLERK JAMES M. DIODATI, MAYOR
First Reading: October 8, 2013.
Second Reading: October 8, 2013.
Third Reading: October 8, 2013.
AGREEMENT OF PURCHASE AND SALE
PURCHASER, 1006057 Ontario Limited , agrees to purchase from
VENDOR, The Corporation of the City of Niagara Falls , the following
REAL PROPERTY: Part of Lot 10 Plan 49 Stamford; Lot 11 Plan 49 Stamford as in
ST21143 lying North of BL83 save and except Part 1 on Reference Plan 59R-14870;
Niagara Falls (the"property") on the following terms:
PURCHASE PRICE: Three Hundred Seventy-One Thousand Dollars and Zero Cents
(CDN$ 371,000.00)
DEPOSIT:
Purchaser submits Twenty Thousand Dollars and Zero Cents (CDN$20,000.00
(Herewith/Upon acceptance)
cash or negotiable cheque payable to The Vendor, representing approximately 5.5%of the
purchase price, to be held in trust pending completion or other termination of this
Agreement and to be credited toward the Purchase Price on completion. Purchaser
agrees to pay the balance as follows:
The balance of the purchase price by bank draft or certified cheque to the Vendor on
closing, subject to the usual adjustments.
The City makes no representations nor gives any warranties with respect to the suitability
or fitness of the property for any use contemplated by the Purchaser nor makes any
representations or gives any warranties with respect to the environmental issues or
concerns and the Purchaser agrees to accept the property on an as is" basis.
1. IRREVOCABILITY: This Offer shall be irrevocable by the Purchaser and may be
accepted by the Vendor up to but not after midnight the 9th day of October,2013,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. This Offer to Purchase is subject to and
conditional upon the Council of The Corporation of the City of Niagara Falls passing a by-
law prior to the 9' day of October, 2013, authorizing its acceptance of this Offer to
Purchase the land.
2. COMPLETION DATE: This Agreement shall be completed by no later than 6:00p.m.
on the 12`h day of November,2013. The closing date may be extended if mutually agreed.
3. 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.
4. 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 (included in/in addition to)agrees to provide on or before closing,a certificate that
the transaction is not subject to H.S.T.
5. TITLE SEARCH Purchaser shall be allowed 30 days from the date of acceptance
hereof to investigate the title at their own expense,and if within that time they shall furnish
the Vendor in writing with any valid objection to the title, or to any outstanding work orders
or deficiency notices affecting the property, that the present use of the property may not
be lawfully continued,or that the buildings on the property may not be insured against risk
of fire, which the Vendor shall be unable or unwilling to remove or correct, and which the
Purchaser will not waive, this Offer shall, notwithstanding any intermediate acts or
negotiations, be null and void and the deposit money returned to the Purchaser without
interest or deduction, and the Vendor shall not be liable for any costs or damages. Save
as to any valid objection so made within such time, the Purchaser shall be conclusively
deemed to have accepted title of the Vendor to the real property.
6. 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.
7. TITLE
7.1 The Purchaser acknowledges that it has relied entirely upon its own inspections and
investigations and that the Property is being conveyed to the Purchaser on an "as
is, where is" basis, as it exists on the Closing Date, without regard for, without
limitation, its state of repair, defects in workmanship and location of structures and
subject to,without limitation,all easements,rights-of-way,rights of re-entry,by-laws,
agreements, covenants which run with the land and all restrictions or orders
affecting or regarding its condition or use.
(a) any registered restrictions or covenants that run with the land providing that such
are complied with and which are acceptable to the Purchaser, in its sole and
absolute discretion,and which, in the Purchaser's view,do not adversely affect the
intended use of the Property;
(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,and which are acceptable to the Purchaser,
in its sole and absolute discretion, and which, in the Purchaser's view, do not
adversely affect the intended use of the Property;
(c) any minor easements for the supply of domestic utility or telephone services to the
Property or adjacent properties and which are acceptable to the Purchaser, in its
sole and absolute discretion, and which, in the Purchaser's view, do not adversely
affect the intended use of the Property; and
(d) any easements for drainage,storm or sanitary sewers,public utility lines,telephone
lines,cable television lines or other services which are acceptable to the Purchaser,
in its sole and absolute discretion, and which, in the Purchaser's view, do not
adversely affect the intended use of the Property.
7.2 The Vendor's title to the Property shall be examined by the Purchaser at its own
expense and the Purchaser shall not call for the production of any title deed,
abstract of title, survey, proof,evidence of title,certificate of compliance or proof of
security, other than those in the Vendor's possession or under its control. Within
seven (7)days of the acceptance of this Agreement, the Vendor shall provide the
Purchaser with copies of surveys, declarations of possession and environmental
reports in the Vendor's possession or control or other statutory declarations relating
to the Property with originals to be delivered on the Closing Date.
8. ENVIRONMENTAL MATTERS:The Purchaser acknowledges that the Lands are being
sold to the Purchaser on an"as is"basis with respect to its environmental condition, state
of repair, deficiencies and encroachments extending from and onto the Lands. The
Vendor does not make any warranties or representation with respect to the physical or
environmental condition of the Lands or of any buildings or structures on the Lands,
including the condition of the soil or groundwater, both surface and subsurface, the
existence of any subsurface installations or existence of any Hazardous Substances in,or
under or in the vicinity of the Lands. The Vendor shall have no liability or obligation with
respect to the value,state or condition of the Lands or of any buildings or structures on the
Lands, environmental or otherwise, whether or not the matter is within the knowledge or
imputed knowledge of the Vendor, its officers, employees, agents, representatives,
contractors or elected and appointed officials. "Hazardous Substance(s)" in this section
means any contaminant,pollutant,dangerous substance,potentially dangerous substance,
noxious substance, toxic substance, hazardous waste, flammable material, explosive
material, radioactive material, ureaformaldehyde foam insulation, asbestos, PCB's,
radiation and any other substance, materials, effect or thing declared or defined to be
hazardous, toxic, a contaminant, or a pollutant in or pursuant to any applicable federal,
provincial or municipal laws,statutes,by-laws, rules regulations,orders or directives. The
Purchaser also acknowledges and agrees to release and discharge the Vendor,its officers,
employees, agents, representatives,and elected and appointed officials from every claim
of any kind that the Purchaser may make, suffer, sustain or incur in regard to Hazardous
Substances relating to the Lands. The Purchaser further agrees that the Purchaser will
not, directly or indirectly, attempt to compel the Vendor to clean up or remove or pay for
the clean up or removal of any Hazardous Substances, remediate any condition or matter
in, or under or in the vicinity of the Lands or seek an abatement in the Purchase Price or
damages in connection with any Hazardous Substance. This section shall not expire with
or be terminated or extinguished by or merged in the Closing Date and shall survive the
termination of this Agreement. In this regard, the Purchaser shall executed and deliver a
general release to the Vendor on Closing.
9. DOCUMENTS: 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.
10. 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.
11. COVENANTS OF PURCHASER
The Purchaser hereby covenants and agrees to and with the Vendor:
(a)that the Vendor makes no representation, warranty or condition, either express or
implied, as to, without limitation, soil Conditions, utility services to the Property,
fitness for purpose, or zoning and building by-laws. The Property is being sold"as
is"with the Purchaser being responsible to prepare the Property for the Purchaser's
purposes including, without limiting the generality of the foregoing, the removal of
sidewalks, pavement, granular materials and fences, if any. The Purchaser shall
inspect the Property and shall satisfy itself in respect of such matters prior to
submitting this Agreement to the Vendor;
(b) to not object to the closure and sale of the Property and the Purchaser hereby
consents to the Closing of the Property, including other portions thereof, if any,
being sold to others;
(c) to accept title to the Property subject to all existing registered easements, all
existing works of any utility and the easements required in this Agreement;
(d) that it shall after Closing, assume all financial responsibility for the costs of
developing the Property and for the costs of obtaining all necessary services and
approvals. No representation at all is made by the Vendor on the willingness of any
existing or proposed utility to relocate or otherwise accommodate the Purchaser's
intended or proposed use. The Purchaser shall be responsible for installing, at its
expense, a fence between the Property and any adjacent land; and
(e) that it shall assume,without limitation, any and all taxes,local improvements,water
and sewer rates and charges applicable to and in respect of the Property from and
after the Closing.
12. 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.
13. 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.
14. DOCUMENT PREPARATION: The Transfer/Deed shall, save for the Land Transfer
Tax Affidavit, be prepared in registrable form at the expense of Vendor.
15. 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.
16. 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.
17. 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.
18. TENDER: Any tender of documents or money hereunder may be made upon the
Solicitor acting for either party on whom tender is desired and it shall be sufficient that
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.
19. 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.
20. 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.
21. 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.
22. SUCCESSORS AND ASSIGNS: The heirs,executors,administrators,successors and
assigns of the undersigned are bound by the terms herein.
DATED AT f',AC.4RA∎ -«-1 this ) day of October , 2013
SIGNED, SEALED AND DELIVERED in the presence of: IN WITNESS whereof I have
hereunto set my hand and seal:
,P DATE o c-¢3 //3
(P• chaser) (Seal)
TPA JE
74é �4r r77
T O i/.,,O 7/<C C A2-P @2,>-a-d
The undersigned accepts the above offer and its terms and covenants and promises and
agrees to an with the above-named Purchaser to duly carry out the same on the terms and
conditions above mentioned, and hereby accepts the deposit of
DOLLARS ( ).
THE CORPORATION OF THE CITY OF NIAGARA FALLS
DATE
(Vendor) James M. Diodati, Mayor (Seal)
DATE
(Vendor) Dean lorfida, City Clerk (Seal)
DATED AT Niagara Falls this day of 2013
illike ,
Rod Phillips
October 2, 2013 President&CEO
4120 Yonge Street
His Worship Mayor Jim Diodati Site 500
Toronto, Ontario
City of Niagara Falls M2P 2B8
4310 Queen St. 4120, rue Yonge
Niagara Falls, ON L2E 6X5 Bureau 500
Toronto(Ontario)
M2P 2B8
Dear Mayor Diodati: Tel. (416) 224-7105
rphillips @olg.ca
On behalf of the Ontario Lottery and Gaming Corporation's (OLG) Board of www.OLG.ca
Directors, I would like to thank the City of Niagara Falls for endorsing the new
Municipality Contribution Agreement(MCA).
As you know, payments reflecting the new MCA formula were started on
April 1, 2013 to put into place a fair and equitable approach for all host gaming
municipalities. OLG is a proud community supporter and this MCA ensures a
continued positive relationship with our municipalities.
The signing of the new MCA also includes reference to the Community Recognition
Program which OLG looks forward to designing with each municipality in a way that
fits local needs to showcase the benefits to each community. Jake Pastore, Director of
Municipal& Community Relations, will be in touch with your office to schedule a
meeting on this item.
Enclosed is our signed and executed copy of your MCA. Please do not hesitate to
contact Jake at 416-224-7047 or ipastore(a,olg.ca should you have any questions.
I look forward to working with you as we move forward with OLG's Modernization.
inc: 1 i
AIR
Ilk 4,
Rod 'hilli es
President& C'•
cc: Jake Pastore, Director, Municipal & Community Relations
Encl.
Ministry of Ministere des
Rural Affairs Affaires rurales
ke210;
Office of the Minister Bureau du ministre
77 Grenville Street, 11`"Floor 77, rue Grenville, 11°etage
Toronto, Ontario M7A 1 B3 Toronto (Ontario) M7A 1 B3
Tel: 1416) 326-3074 Tel. : (416) 326-3074 Ontario
Fax: (4161 326-3083 Telec. : (416) 326-3083
October 4, 2013
Mayor Jim Diodati
City of Niagara Falls
jdiodati @niagarafalls.ca
Dear Mayor Diodati:
As promised in the 2013 Budget, the Ontario government is now making available a new
$100 million municipal infrastructure fund. Available starting in the 2013/14 fiscal year, the
Small, Rural and Northern Municipal Infrastructure Fund is designed to help small, rural and
northern municipalities address roads, bridges and other critical infrastructure.
As of October 1, 2013, through this new fund, eligible municipalities can apply for$71 million in
funding for capital projects. Your municipal CAO/Clerk will soon receive a letter outlining how to
apply. The deadline for submitting an Expression of Interest is November 1, 2013.
In addition, 20 proposals for critical projects that were previously submitted under the Municipal
Infrastructure Investment Initiative (MIII) have now been allocated funding. This is in addition to
the 89 MIII projects announced over the summer. In total, 109 MIII projects have received
funding. The new recipients were recently notified and will receive more detailed, funding-
specific information.
The new fund also includes $4 million to support ongoing asset management planning for
municipalities with populations under 5,000. Your CAO/Clerk will also soon receive a letter
outlining the eligibility criteria.
Finally, we have reviewed the feedback from our summer infrastructure consultations. Going
forward, the invaluable information our municipal partners provided will form the basis of a
permanent program for consideration through the 2014 budget process.
If you have any questions, please contact the Agricultural Information Contact Centre by
telephone at 1-877-424-1300 or you can send an e-mail to aq.info.omafra ontario.ca.
Sincerely,
eV/ -
Jeff Leal
Minister of Rural Affairs
Ministry Headquarters: 1 Stone Road West,Guelph,Ontario N1G 4Y2 Good Things Grow in Ontario
Bureau principal du ministere: 1 Stone Road West,Guelph(Ontario)N1G 4Y2 A bonne terre,bons produits
Foodland
ONTARIO