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130311 Council MINTown of Tillsonburg Minutes of Council Meeting Date: Monday March 11, 2013 6:00PM Council Chambers Chair: John Lessif ; : ., MINUTES: Meeting tor the Committee "Open Council" Review Access: e Public 0 Private MINUTES Town of Tillson burg Council Meeting on Monday March 1 1, 20t3 06:00 PM Council Chambers Chair: John Lessif Orders of the Day: CALL TO ORDER The meeting was called to order at 6:01 PM ATTENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Dave Beres Councillor Mel Getty Councillor Marty Klein Councillor Chris Rosehart Councillor Brian Stephenson Staff: David Calder, CAO Darrell Eddington, Director of Finance Steve Lund, Director of Operations David Samis, Director of Development & Communication Services Rick Cox, Director of Parks & Recreation Services Amber Zimmer, Deputy Clerk Cephas Panschow, Development Commissioner Colleen Pepper, Marketing and Partnerships Officer REGRETS Donna Wilson, Town Clerk MOMENT OF SILENCE TRIBUTE TO STOMPIN' TOM CONNORS Mayor Lessif spoke regarding Stompin' Tom Connors and his many achievements. 03-11 Randy Owen, from County 107.3 also spoke regarding Stompin' Tom Connors and shared Mr. Connors' letter to his fans. A short video with the Tillsonburg song was played. Page 1 MINU 1 t::::;: Meeting ror me Gommmee "Upen Gouncw AND RESOLVED THAT Council approve-in-principle the zone change application submitted by Michael and Debra Ash, whereby lands consisting of Part of Lots 372 & 373, Plan 500, located on the east side of Maple Lane, in the Town of Tillsonburg are to be rezoned to R2 and R3-Special to provide increased residential density and ensure the severed and retained parcels of applications B13-05-7 & B13-06-7 have a single zoning; FURTHER RESOLVED THAT Council advise the Oxford County Land Division Committee that the Town supports the proposal to sever the subject property, subject to the conditions as set out in Community & Strategic Planning Office (CASPO) Report No. 2013-38. "Carried" INFORMATION ITEMS 4. Erie Innovation and Commercialization -Thank you 5. Ontario Senior of the Year Award Nomination Information CHIEF ADMINISTRATIVE OFFICER 6. CAO 13-04. Library Building Agreement of Purchase and Sale and Land Lease Presented By: CAO ~ -,: -,: CAO 13-04 Library Report 03.04.13.pdf Library Sale of Building.pdf Library Land Lease. pdf -,: Library Agreement Schedule A. pdf Resolution No. 4: Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT Council receive report CAO 13-04 Library Building Agreement of Purchase and Sale and Land Lease Report; FURTHER RESOLVED THAT By-Law 3682, to authorize an agreement of purchase and sale of the County of Oxford and By-Law 3683, to authorize a Library Land Lease Agreement with the Count of Oxford be brought forward for Council consideration. "Carried" 7. CAO 13-05, Oxford Cycling Advisory Committee Presented By: CAO CAO 13-05 Oxford Cycling.pdf Resolution No. 5: Moved By: Councillor Stephenson Seconded By: Councillor Beres AND RESOLVED THAT Council receive Report CAO 13-05, Oxford Cycling Advisory Committee; FURTHER RESOLVED THAT the appointment of a Tillsonburg representative be deferred to staff for a report back at a future Council meeting. "Carried" Page 3 MINU I t::t>: Meeting tor the comm1ttee "Open council" "Carried" Staff to clarify in writing to lessee that other groups may be permitted to use the airport grounds. Staff to determine if equipment in the airport kitchen has been paid in full. 10. DCS 13-13. Animal Control Contractor Request for Proposal Presented By: Director of Development and Communication Services Resolution No. 8: Moved By: Councillor Beres Seconded By: Councillor Klein AND RESOLVED THAT Council receive Report DCS 13-13 Animal Control Contractor Request for Proposal as information. "Carried" Staff to look at cost analysis of distributing free dog and cat tags to animals with up-to-date vaccination records. 11. DCS 13-09, Building and By-law Services 2012 Annual Report Presented By: Director of Development and Communication Services -,: DSC 13-09-Building and By-Law Services 2012 Annual Report. pdf Resolution No. 9: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT Council receive Report DCS 13-09, Building and By-Law Services 2012 Annual Report as information. "Carried" 12. DCS 13-12. Development and Communication Services Tracking Sheet Presented By: Director of Development and Communication Services Resolution No. 1 0: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT Council receive Report DCS 13-12 Development and Communication Services Tracking Sheet as information. "Carried" 13. DCS 13-09, 2012 Development Activity Statistics Presented By: Director of Development and Communication Services Resolution No. 11: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT Council receive Report DCS 13-09; Building and By-Law Services 2012 Annual Report as information. "Carried" NOTICE OF MOTION BY-LAWS Page 5 MINUTES: Meeting for the Committee "Open Council" Review Access: Public MINUTES Town ofTillsonburg Council Meeting on Wednesday February 20, 2013 01:00PM Council Chambers Orders of the Day: CALL TO ORDER The meeting was called to order 1 :02 PM ATI'ENDANCE Mayor John Lessif Deputy Mayor Renaud Councillor Mel Getty Councillor Chris Rosehart Councillor Brian Stephenson Councillor Dave Bares Councillor Marty Klein Staff: David Calder, CAO Donna Wilson, Town Clerk Darrell Eddington, Director of Finance Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services Jeff Smith, Fire Chief ADOPTION OF AGENDA Resolution No. 1: Chair: John Lessif Moved By: Councillor Rosehart Seconded By: Councillor Getty RESOLVE THAT the Agenda as prepared for the Council Meeting of February 20, 2013, be adopted. "Carried"" CLOSED MEETING SESSION Resolution No.2: Moved By: Councillor Getty Seconded By: Councillor Rosehart RESOLVE THAT Council move into Closed Session, to consider: Matters relating to labour relations or employee negotiations (Compensation). "Carried" MOMENT OF SILENCE DISCLOSURE OF PECUNIARY INTEREST OR THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. MINUTES & BUSINESS ARISING OUT OF THE MINUTES Minutes of the Meeting of February 12, 2013 C Minutes of the Meeting of February 14, 2013 C Resolution No. 3: Moved By: Councillor Klein Seconded By: Councillor Beres RESOLVE THAT the Minutes of the Council Meetings of February 12 and February 14, 2013, be approved, "Carried" Page 1 of3 Link to Agenda: C http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205.0%20GA/eGenda50.nsf/... 22/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 3 of3 Council suggest that the Glendale Drive project be put over until 2014 in order to do the whole project at once. Moved By: Councillor Getty Seconded By: Councillor Rosehart AND RESOLVED THAT the funds for phase I for the Glendale Drive project to remain in reserves and that phase 2 be provided for in the 2014 budget in order for the whole project to be completed in 2014. "Carried" Replacement of Unit #66, Council suggest that staff keep the vehicle safe and continue to maintain the vehicle through repairs. Staff to deliver notices to residents on Thistle Court in order to notify them that there will be development work done in their neighborhood. Issues with county roads and extending roads would have to be done during Official Plan reviews. - a number of traffic studies would have to be done prior to any changes. This may be captured in the County Master Road Plans. Staff to determine which parking lots have been identified for future development to ensure they are not repaved in the plan provided. Staff to report back to council regarding reviewing the site lines at the comer of Victoria Street and Glendale Drive prior to reconstruction. Resolution No.8: Moved By: Councillor Beres Seconded By: Councillor Stephenson RESOLVED THAT Council receive Report OPS 13-04 -Operations Budget Supplementary Report as information; NOTICE OF MOTION BY-LAWS 6. By-Law 3709, To Confirm the Proceedings of the Council Meeting of February 20, 2013 ('] Resolution No. 9: Moved By: Deputy Mayor Renaud Seconded By: Councillor Klein RESOLVE THAT By-Law 3709, To Confmn the Proceedings of the Council Meeting of February 20, 2013, be read for a first and second time and this constitutes the first and second reading thereof; FURTHER RESOLVE THAT By-Law 3709, be given third and final reading and the Mayor and Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. "Carried" ITEMS OF PUBLIC INTEREST ADJOURNMENT Moved By: Councillor Klein AND RESOLVED THAT the meeting be adjourned at 4:13PM. "Carried" Town ofTillsonburg Approval Received: (l of l) Donna Wilsonffillsonburg (Friday February 22, 2013 04:43PM) http://notes.town.tillsonburg.on.ca/SuiteResponse/eGenda%205.0%20GA/eGenda50.nsf/ ... 22/06/2015 MINUTES: Meeting for the Committee "Open Council" 1 Review Access: Public MINUTES Town ofTillsonburg Council Meeting on Thursday February 28, 2013 06:00PM Council Chambers Orders of the Day: CALL TO ORDER The meeting was called to order at 4:30PM ATTENDANCE Mayor John Lessif Deputy Mayor Mark Renaud Councillor Dave Beres Councillor Mel Getty Councillor Marty Klein Councillor Brian Stephenson Staff: David Calder, CAO Donna Wilson, Town Clerk Steve Lund, Director of Operations Rick Cox, Director of Parks & Recreation Services Amber Zimmer, Deputy Clerk Cephas Panschow, Development Commissioner REGRETS Councillor Chris Rosehart Darrell Eddington, Director of Finance Chair: John Lessif David Samis, Director of Development & Communication Services CALL TO ORDER ADOPTION OF AGENDA Proposed Resolution No.1: Moved By: Councillor Getty Seconded By: Councillor Klein Page 1 of 4 6 Link to Agenda:(, AND RESOLVED THAT the Agenda as prepared for the Council Meeting of February 28, 2013, be adopted. "Carried" CLOSED MEETING SESSION Proposed Resolution No. 2: Moved By: Councillor Getty Seconded By: Councillor Klein AND RESOLVED THAT Council move into Closed Session to consider: Matters relating to personal matters about an identifiable individual-including municipal employees (Committee http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda50 .nsf/... 22/06/2015 MINUTES: Meeting for the Committee "Open Council" Page 3 of 4 6. Economic Development Update t') Presented By: Development Commissioner Economic Development Strategy & 2013 Work Plan-F(Feb28,13).pdf The Development Commissioner presented an update on Economic Development in the Town ofTillsonburg. Staff to include in the Economic Development report the ratio of leads to successes. Staff to update the Plan from 2008 to include facts based on current data from Statistics Canada and to put a strategy together developing the Plan. Staff to bring the presentation to the Development Committee for their input. COMMITTEES 7. Committees of Council Minutes 0 8. Long Point Region Conservation Authority Minutes t') Staffto invite Craig Brian, speaker at LPRCA annual general meeting, to present at a future Council meeting. 9. CL 13-05, Designation of Pioneer Cemeterv t::l. MOTION Presented By: Clerk Proposed Resolution No. 4: Moved By: Councillor Getty Seconded By: Councillor Klein AND RESOLVED THAT Council receive CL 13-05, Designation of Pioneer Cemetery; FURTHER RESOLVED THAT Council approves in principle the designation of the Pioneer Cemetery as a heritage site within the Town ofTillsonburg. "Carried" 10. MTO -Hwy #3 and #19 Roundabout Class EA C BY-LAWS Proposed Resolution No. 5: Moved By: Councillor Klein Seconded By: Councillor Beres AND RESOLVED THAT the Town ofTillsonburg appeal to the Province of Ontario, Ministry ofTransportation, to look at a local detour rather than the detour as presented to Tillsonburg Town Council on February 11, 2013 when presenting the results ofEA related to the #3 roundabout. FURTHER RESOLVED THAT the Town request the Municipality ofBayham, County of Oxford, Norfolk County, and County of Elgin join in the appeal to the Province. "Carried" 11. By-Laws for the Meeting of February 28, 2013 By-Law 3711 Property Standards Committee Appointment.pdf Proposed Resolution No. 6: Moved By: Deputy Mayor Mark Renaud Seconded By: Councillor Klein AND RESOLVED THAT By-Law 3711, To Establish and Appoint Members to the Property Standards Committee By-Law 3712, To Appoint Directors to the Board of Management of the Tillsonburg Business Improvement Area (BIA), hereby Established by The Corporation of The Town ofTillsonburg t::l http:/ /notes. town. tillsonburg.on.ca/SuiteResponse/eGenda%205. 0%20GA/eGenda5 0 .nsf/... 22/06/2015 ..... 5iN eo .c:N (.)C) ca ... ..... :::J Cl).c Cs:: -co .... tn 0-.... = ><t-o Cl) (.) ·--0 D. -ca ·-(.) c: ·-> ~ D. 0 ·-~ ca ..... c: 0 Tillsonburg Patrol and Obligated Duty Hours Worked Cruiser Patrol Hours 6,664 6,556.50 6,206.5 Directed Patrol Hours 878.5 888.25 1,262.75 Foot Patrol Hours 1,997 1,661.25 1,843.75 Bike Patrol Hours 31.5 35 15 R.I.D.E. Spotchecks 134 120 125 Source: Ontario Provincial Police, Daily Activity Reporting System, 26 FEB 13 Crime County I Tburg I County I Tburg I County I Tburg Trafficking lm portation & 87 27 36 I 75 26 14 I 12 5 Source: Records Management System (RMS Niche), 26 FEB 13 55 39 6 6 2012 Intelligence- Led Policing- Crime Abatement Strategy 44 12 Source: Daily Activity Reporting (DAR), Local Statistics Area, 26 FEB 13 atal Motor Vehicle Collisions on Roadways For Oxford County All-Terrain Vehicle and Motorized Snow Vehicle Collisions #of Fatal MVCs where speed is a Factor I v I 1 # of Fatal MVCs where alcohol is a Factor 3 1 # of Fa tal ities where lack of seatbelt use is a 5 2 Factor #of Fatal MVCs where distracted driving is a I 3 I 1 I Factor # of Fatal MVCs where wildlife is a Factor I 0 I 0 I Source: Ontario Provincial Police Collision Reporting System (CRS), 22 FEB 2013. 2 1 2 0 -.... / Tickets written in Tillsonburg 2012 Type of Ticket j # of Tickets I 0/o of tickets issued 438 29% Failure to Obey Sign 91 6% Plate/Permit/Insurance 424 128% Trespass/Liquor j130 9o/o 98 6°/o Drive Handheld Device 167 11°/o Improper Turn/Fail to Yield 82 So/o Other 96 6°/o 1526 100°/o pprox to Date OT 2012 #Approx January 179.5 I $3.180 122.25 $4,890 - 123 I $4,920 - 162.75 I $6,510 - 139.25 I $5,570 - 79.5 I $3,180 - 115 I $4,600 - 57 I $2,280 - 121.5 I $4,860 - 130.5 I $5,220 - 111.38 I $4,555.20 - December 199 I $3960 Total 1340.63 $53,725.20 ''Our Community'' ''Our Safety'' 9-1-1 EMERGENCIES ONLY Police-Crimes in progress, motor vehicle collisions, home invasion, assaults, child abduction. NON-EMERGENCY: 1-888-310-1122 Police-Traffic concerns, suspicious activity, drug location, crimes where suspect has left scene, community issues TILLSONBURG OPP Admin Office 519-688-6540 Police-For admin purposes only, clearance letters, community events To: From: Report No: CASPO 2013-38 COMMUNITY AND STRATEGIC PLANNING Council Date: March 11, 2013 Mayor and Members of Tillson burg Council Eric Gilbert, Development Planner, Community and Strategic Planning Applications for Consent and Zone Change 813-05-7 & 813-06-7 & ZN 7-13-02; Debra Ash RECOMMENDATION It is recommended that Tillsonburg Council approve-in-principle the zone change application submitted by Michael and Debra Ash, whereby lands consisting of Part of Lots 372 & 373, Plan 500, located on the east side of Maple Lane, in the Town of Tillsonburg are to be rezoned to R2 and R3-Special to provide increased residential density and ensure the severed and retained parcels of applications 813-05-7 & 813-06-7 have a single zoning. It is further recommended that Tillsonburg Council advise the Oxford County Land Division Committee that the Town supports the proposal to sever the subject property, subject to the following conditions: 1. That the lots to be severed and the lot to be retained be appropriately zoned. 2. The owners enter into a severance agreement with the Town of Tillsonburg. The severance agreement shall also include appropriate clauses to satisfy the requirements of Canadian Pacific Railway respecting fencing of the parcel created by application 813-06-7 and appropriate warning and disclosure clauses registered on title. 3. The County of Oxford Department of Public Works advise the Secretary-Treasurer of the County of Oxford Land Division Committee that all financial requirements of the County of Oxford with respect to provision of water and sewer services to the subject property have been complied with. This condition can be cleared by payment for the required services or entering into a severance agreement with the area municipality which states that no building permit shall be issued until payment is made to the County. In order to clear this condition, a copy of the draft Severance Agreement which addresses the above requirements to the satisfaction of the County of Oxford Public Works Department, must be provided to the Public Works Department. 4. The Clerk of the Town of Tillsonburg advise the Secretary-Treasurer of the Land Division Committee that all requirements of the Town, financial, services, and otherwise, have been complied with. Page 1 of 11 Requested Zoning: PROPOSAL: Area Frontage Depth Report No: CASPO 2013-38 COMMUNITY AND STRATEGIC PLANNING Council Date: March 11, 2013 Medium Density Residential Zone (RM) Low Density Residential Type 2 Zone (R2) Special Low Density Residential Type 3 Zone (R3-Special) SEVERED LOT 813-05-7 1 284.9 m2 (13 832 fe) 73.1 m (239.8 ft) 39.6 m (130ft) SEVERED LOT 813-06-7 2 428.3 m2 (26 139 fe) 24.5 m (80.5 ft) 91.4 m (300ft) RETAINED LOT 1 046.2 m2 (11 262 fe) 19.5 m (64.1 ft) 56.3 m (185ft) The purpose of the Applications for Consent and Zone Change are to create two residential building lots and retain one lot for similar use. The lot to be severed by application 813-05-7 will cover an area of 1284.9 m2 (13832 ft2}, is located south of the existing duplex and contains no buildings or structures. The lot to be severed by application 813-06-7 will cover an area of 2428.3 m2 (26139 ft2), is north of the existing duplex and contains no buildings or structures. The lot to be retained will cover an area of 1046.2 m2 (11262 ft2) and contains an existing duplex. It is proposed that a four-plex dwelling will be constructed on the lot created by 813-06- 7 and a single detached dwelling be constructed on the lot created by 813-05-7. The requested R2 and R3-Special zoning will ensure that the parcels have zoning appropriate for their intended use, and that each parcel is subject to only one zone. The proposed R3- Special zoning will allow the proposed driveway for the four-plex to have a reduced driveway access and be located 0.5 m closer to the southerly interior lot line to satisfy concerns expressed by Canadian Pacific Railway. The owners have also applied for a partial discharge of mortgage with respect to the proposed consent applications. Comments PROVINCIAL POLICY STATEMENT: The 2005 Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest related to land use planning and development. The policy framework came into effect on March 1, 2005. Under Section 3 of the Planning Act, where a municipality is exercising its authority affecting a planning matter, such decisions "shall be consistent with" all policy statements issued under the Act. Relevant policies are included in the Attachments section of this report. The applicant's proposal seeks to create two vacant lots for residential development. Planning staff are of the opinion that the applicant's proposal is an efficient use of municipal services and residentially designated lands in Tillsonburg and is consistent with the PPS as it pertains to the intensification and redevelopment. Page 3 of 11 Report No: CASPO 2013-38 COMMUNITY AND STRATEGIC PLANNING Council Date: March 11, 2013 satisfy the Transport Canada Guidelines for driveways in close proximity to level railway crossings. Circulated agencies did not have any concerns with the proposed changes The proposed four-plex would be subject to site plan control in accordance with the Town's Site Plan Control By-law. AGENCY COMMENTS: The application was circulated to various agencies considered to have an interest in the proposal. The County of Oxford Public Works Department indicated that no building permit shall be issued until separate water and wastewater services are provided for each severed lot and payment of these services has been received by the County of Oxford Public Works Department. Town of Tillsonburg Engineering Department indicated that separate water, storm, and sanitary services are required to be installed to each severed parcel. Canadian Pacific Railway indicated that the proposed four-plex dwelling on the parcel created by application 813-06-7 must be a minimum of 15m (49.21 ft) from the railway right of way, the proposed driveway access must be 30 m (98.43 ft) from the railway tracks, and the northern boundary must be fenced. CPR has also requested warning clauses be registered on title with respect to railway operations. There were no other concerns or objections raised by the other agencies circulated. PUBLIC CONSULTATION: Notice of the application was circulated to neighbouring property owners on February 26, 2013. As of the date of this report, no concerns have been received from the neighbours. Conclusions The application proposes creation of two residential "infilling" lots within the Town of Tillsonburg. The lot to be retained will encompass the existing duplex on the subject property. The application can be supported, subject to a number of conditions that address issues related to ensuring appropriate connections are made to the available municipal service and requirements related to Canadian Pacific Railway. Rezoning of the lots to be severed and the lot to be retained is considered necessary to increase the residential density of the subject lands, satisfy requirements of the Canadian Pacific Railway respecting the driveway location, and ensure the properties are wholly located within one zone. It is the opinion of this Office that the proposed consent application is consistent with the policies of the Provincial Policy Statement and is in keeping with the policies of the County Official Plan. Planning staff is satisfied that the applications can be given favourable consideration. Page 5 of 11 ATTACHMENTS Report No: CASPO 2013-38 COMMUNITY AND STRATEGIC PLANNING Council Date: March 11, 2013 Relevant Excerpts from the Provincial Policy Statement (PPS), County of Oxford Official Plan and the Town of Tillson burg Zoning By-law Summary of Agency Comments Report Mapping Plate 1-Location Map and Existing Zoning, January 17, 2013 (EG) Plate 2-2010 Aerial Photo (with Existing Zoning and Parcel Lines), January 17, 2013 (EG) Plate 3-Applicant's Survey Sketch, January 17, 2013 (EG) Plate 4-Proposed Zoning, January 17, 2013 (EG) Site Photos, March 5, 2013 (EG) Page 7 of 11 Report No: CASPO 2013-38 COMMUNITY AND STRATEGIC PLANNING Council Date: March 11, 2013 dwelling units through redevelopment and residential intensification. Town Council shall encourage the creation of housing opportunities that may result in a mixture of tenure forms, such as ownership and rental by permitting sensitive infilling in built-up areas. Under Section 8.2.5 (MEDIUM DENSITY RESIDENTIAL AREAS), is it intended that medium density residential areas will have a variety of dwelling types including townhouses, medium density cluster development, and converted dwellings to achieve a minimum net density of 31 units per hectare (13 units per acre). Existing low density residential uses in a medium density residential area may be recognized as permitted uses in the Zoning By-law. Within medium density residential areas characterized by existing low density residential land uses, the creation of new lots may be restricted to avoid increased land fragmentation and facilitate land assembly for redevelopment in accordance with the Medium Density Residential designation. Section 3.3.3.1 of the Official Plan provides that the County/ Area Municipality may permit residential development on existing lots of record or through single lot infilling proposals in built up areas adjacent to railway lines. Where development is proposed adjacent to a railway line, County Council or Area Council shall require safety measures to be incorporated into the site design. The proponent shall consult with the appropriate railway authority regarding such safety measures prior to development approval. TOWN OF TILLSONBURG ZONING BY-LAW Permitted uses within the 'Low Density Residential Type 2 (R2)' zone include a single detached dwelling, semi-detached dwelling, duplex dwelling, and converted dwelling. Permitted uses within the 'Low Density Residential Type 3 (R3)' zone include a converted dwelling, a single detached dwelling, converted dwelling, duplex dwelling or semi-detached dwelling existing on the date of passing of this By-Law, a multiple unit dwelling, containing not more than 4 dwelling units; a street fronting townhouse dwelling. Section 5.24.1. 7.2-WIDTH OF JOINT ACCESS requires that a joint ingress and egress driveway providing access to a parking aisle be at least 6.7 m (22ft) wide and no more than 9.0 m (29.5 ft) wide. Section 5.24.3.1-LOCATION OF PARKING AREAS-YARDS AND SETBACKS requires that any parking area in an R3 zone be located a minimum of 1.5 m (4.9 ft) from an interior side lot line. AGENCY COMMENTS The Ontario Provincial Police indicated any changes to the street addresses could impact emergency dispatch notifications. Union Gas indicated their service lines run through this area and if the proposed severance impacted these services, it may be necessary to terminate the gas service and relocate the lines according to the new property boundaries. County Public Works Department provided the following comments: • No building permit shall be issued until separate water and wastewater services are provided for each severed lot and payment of these services has been received by the County of Oxford Public Works Department. This condition can be cleared by payment for the required services or entering into a Severance Agreement with the area municipality. A copy of the DRAFT Severance Agreement, which addresses Page 9 of 11 PUBLIC COMMENTS Report No: CASPO 2013-38 COMMUNITY AND STRATEGIC PLANNING Council Date: March 11, 2013 Public Notice was sent out to surrounding neighbours on February 26, 2013. No comments have been received as of the date of this report. Page 11 of 11 1!1.'\f_qrdCount~ ~ growing stronger. .. together 102 NAD_1983_UTM_Zone_17N © County of Oxford 0 Plate 2-2010 Air Photo (with Existing Zoning a·."'i'i(Parcel Lines) File Nos.: 813-05-7, 813-06-7, ZN 7-13-02-Mike & Deb Ash Part Lots 372 & 373, Plan 500, Town of Tillson burg 51 102Meters January 17, 2013 1:2,000 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. NOTE:THIS IS NOT A PLAN OF SURVEY '"'"\ .!..~,' ............. ···1----.->-\ L \ . <;,;> \ ~ __ ..-\ >· \ \-~~~~\ . ' I . '\·. \ \_ \ ... ( ) \----/ ; \·"""-I ' ,} r'; \ \ ;. .-\ I- Legend Parcel Lines (Displays 1:16 0 Boundary Lot Line Assessment Line Road Environmental Protection/Flo• Flood Fringe !m ::2:: a:; Floodway Environmental Protection (EP1) ~~ Environmental Protection (EP2) Zoning Floodlines/Regulation + f 100 Year Flood Line o. 30 Metre Setback • e Conservation Authority Regulatior e • Regulatory Flood And Fill Lines Zoning (Displays 1:16000 to· ldlxfprdCount~ ~ growing stronger. .. together 102 NAD_1983_UTM_Zone_17N © County of Oxford 0 Plate 4-Proposed Zoning (with Existing Zoning arrd Parcel Lines) File Nos.: 813-05-7, 813-06-7, ZN 7-13-02-Mike & Deb Ash Part Lots 372 & 373, Plan 500, Town of Tillson burg /JfJ. Township of Southwest Oxford I /JfJ. 51 102Meters This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. January 17, 2013 NOTE:THIS IS NOT A PLAN OF SURVEY ',, -,/ ... .__ ...... ,.> ~ -~ :"-., / /,.,, ,..~ t--'7" \ I -.-)..·( • \ ... Ct..-.,..,."" \ .. t ... ~ \ -~~---\ ' \ ,~t..._,--- \ \ !)\_! \ \ \ { '\ ' ~/-,.,_~~ "'f .. ~ _) \ ' ~,. .. , -I ' '·. \ \ \ f ----· Legend [gJ Parcel Lines (Displays 1:16 0 Boundary Lot Line Assessment Line Road Environmental Protection/Flo• Flood Fringe ~ Floodway :::<:: """ Environmental Protection (EP1) ~~ Environmental Protection (EP2) Zoning Floodlines/Regulation •• 100 Year Flood Line .. 30 Metre Setback •• Conservation Authority Regulatior •• Regulatory Flood And Fill Lines Zoning (Displays 1 : 16000 to · Notes 813-05-06-7 & ZN 7-13-02-Mike & Deb Ash Site Photos Figure 3-Existing Duplex on Retained Lands (facing east on Maple Lane) Figure 4-Lot Proposed to be Severed by 813-05-7 (facing north) Feb 17, 2013 Subject: Thank You for your support of Erie Innovation and Commercialization Hi John, I want to officially thank you and the Town of Tillson burg Council for supporting the efforts of Erie Innovation and Commercialization. I was very pleased at the resolution you brought forward to council, and very appreciative of the comments that you said in the meeting. I thank you for that. I believe that there is a real need for leadership and determination in the innovation space, as well as support for those entrepreneurs who are starting out. It takes vision to understand the impact of the long term impacts, and your support will help us to meet and exceed the expectations for our organization. As I indicated in the presentation to council, it is our desire to have IMPACT on those that we work with, and to make a difference in the innovation spectrum within southwestern Ontario. We have enjoyed a productive relationship with the Town of Tillsonburg and will work hard to continue this in the future. I also would like to thank council for their in depth questions and interest in what we do. I have spoken to individual councilors before, but it was great to have all in one room (in this case, the town chamber). Communication is a two way street, and the dialogue that we had was very useful. It is our desire to continue and enhance this dialogue. To that end, we will add all of the council to our distribution list (for newsletters and other information), and I would encourage you to share our contact information with council as well (most I think have it already). I also appreciate your efforts and interest in supporting development in the region. Your participation in our AAFC Delhi Repurposing consultation, for example, was very useful. We will continue a strong relationship with SCOR, and through your leadership, we all will have impact. Thanks again. Best Regards John Dr. John Kelly Vice President Erie Innovation and Commercialization 1283 Blueline Road, P.O. Box 587 Simcoe, Ontario. N3Y 4N5 519 426 7913 Minister Reaponalble for Seniors 6" Floor, Frost South .• ·· 7 Queen's Park Crescent Toronto (Ontarlo} M7A 1Y7 Tel: (416) 32!N! •. Fax: (416) 327•4493 February 8, 2013 Mlnlatre d614gu6e aux AffalreB des pereonnea Ag6es e• Etage, Frost Sud 7 Queen's Park Crescent TQronto (Ontario) M'IA 1Y7 n1: (416) a26-2S38 T~l~c: (416)327-4493 Dear Mayor, Reeve and Members of Council: v ttl Ontario It Is with great pleasure that I Invite you to participate In the 2013 Senior of the Year Award. Tttls· annual award was established in 1994 to give each municipality in Ontario the opportunity to honour one outstanding local senior. The Government of Ontario Is · proud of this Important initiative;· you may wish to consider Involving local MPPs In your selectioii,process or presentatlon'ceremony. .· . · ·· · . . ' . . ··_; ; ., ' Recipients are individuals who, after age 65, have enriched the social, cultural or clvtc life of the community wi~out thought of personal or financial gain. A certificate, provided by the Ontario government, Is. signed by the Honourable David C. Onley, Lieutenant Governor, myself as ·Minister Responsible for Seniors, and the local Head of Councit Council may also.wish to host a presentation ceremony honouring the Senior of the Year Award recipient In June, when we :pay tribute to seniors across Ontario. This year wlllm~rk the .29th anniversary of Seniors' Month which· recognizes the contributions seni()rs mak~ to family, community, province a'nd country; · . . . ' . . . . : ... The Ontario Senior of the Year Award nomination forms:· are available on the Ministry of Citizenship and Immigration's website at www .. ontarto.ca/honoursapdaward§ once on this site, click on the Ontario Senior of the Year Award prQgram. You c'an submit yournomlnation online by choosing the "Electronic Nomh1atlonll option. You can download the form and fax It to 416 314,.6060. Nominations must be received directly from your office· by Aprll30; 2013. For ac:tclitto.nallnformation, please contact the Ontario Honours and Awards Secretariat by phone, at4·16~314.;.7526; toll-free at 1 ~877-832·8622, or TTY 41.6-327;.2391. Ontario's seniors deserve special recognition for their outstanding accomplishments. By working together, we can ensure they are honoured In a meaningful way. Sincerely, ~~'() linda Jeffrey Minister Title: Report No.: Author: Meeting Type: Council/ Committee Date: Attachments: RECOMMENDATION STAFF REPORT CHIEF ADMINISTRATIVE OFFICER LIBRARY BUILDING AGREEMENT OF PURCHASE AND SALE AND LAND LEASE CAO 13-04 DAVID CALDER COUNCIL MEETING MARCH 11,2013 AGREEMENT OF PURCHASE AND SALE AND LAND LEASE RESOLVE THAT Council receive report CAO 13-04 Library Building Agreement of Purchase and Sale and Land Lease Report; FURTHER RESOLVE THAT By-Law 3682, to authorize an agreement of purchase and sale of the County of Oxford and By-Law 3683, to authorize a Library Land Lease Agreement with the Count of Oxford be brought forward for Council consideration. EXECUTIVE SUMMARY At its meeting of February 11, 2013, Tillsonburg Town Council authorized the sale of the Tillsonburg Library building and the entering into an agreement to lease the lands below the building. Staff have worked with the Town Solicitor and the County staff to finalize agreements for both the purchase of the library building and land lease. A copy of each document is attached to this report. Staff is recommending that the documents to finalize the sale of the building to the County of Oxford and the associated land lease be signed by the Mayor and Clerk. SOLICITOR INPUT The Town of Tillsonburg solicitor has review both documents and made suggestions for changes throughout the negotiating process. The documents as presented have been fully reviewed by the Town solicitor. FINANCIAL IMPACT As directed by Town of Tillsonburg Council at their meeting of February 11, 2013, the proceeds from the sale of the Library building will go towards Town reserves. CAO AGREEMENT OF PURCHASE AND SALE BETWEEN THE CORPORATION OF THE TOWN OF TIUSONBURG, hereinafter called the Seller, -and- COUNTY OF OXFORD hereinafter called the Buyer, AND WHEREAS the Seller owns the subject property and is desirous of selling the subject property; NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreements hereinafter set out, hereby agree as follows: 1. BUILDING DESCRIPTION The Buyer hereby offers to purchase from the Seller a building, but not land on which the building is situate, located on the property fronting on 2 Library lane in the Town ofTillsonburg, representing the building known as the Tillsonburg Library {the "Building") as depicted on Schedule "A". For further clarity, the purchase includes all attachments to the building including building components, HVAC equipment and fixtures, but excludes the solar panels installed on the roof of the building. With respect to the solar panels, if after closing the Buyer needs to repair/replace the roof, the Seller agrees to remove the solar panels at the Seller's expense and after the buyer completes the roof repair/replacement, the Seller may reinstall the solar panels at the Seller's expense. There shall be no rent or fee of any kind whatsoever charged by the Buyer for the Seller's use of the roof for the solar panels. At no time shall the Buyer restrict access to the solar panels and/or the electrical equipment I components in the Building to the Seller or its employees, agents and/or contractors provided that the Seller provides notice to the Buyer to obtain access to the Building. At no time shall the Buyer interfere with any electrical connection to the solar panels nor block the line of sight from the sun to the solar panels. Any cost to repair or replace the roof shall be paid solely by the Buyer without contribution of the Seller except caused by the Seller, or its agents, employees or contractors, negligent or intentional actions. 2. PURCHASE PRICE The purchase price shall be $467,000. 3. DEPOSIT No deposit is required to be made. 4. IRREVOCABLE DATE This offer shall be irrevocable by Buyer until6 PM on the 7th day of March, 2013, after which time, if not accepted by the Council of the Corporation of the Town ofTillsonburg or the Council of the County of Oxford, this Offer shall be null and void. Further, the Buyer acknowledges that negotiation of this offer, including all amendments is conditional upon the approval of the Council of the Corporation of the Town of Tillson burg and the Council of Oxford County and that the negotiation and/or execution of the terms in this offer by the Interim CAO or his designate in no way binds the Corporation to any of the terms contained therein. 5. CONDITIONAL The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of the following terms and conditions on or before the 15th day of March, 2013. If the conditions are not fulfilled or waived then the Agreement arising from the offer shall be at an end and all parties released from their obligations. This offer is conditional on the approval of the Council of the Corporation of the Town ofTillsonburg and the Council of Oxford County approving this transaction. 6. COMPLETION DATE This agreement shall be completed by no later than 6 PM on the 20th day of March, 2013. Upon completion, vacant possession shall be given to the Buyer unless otherwise provided in this Agreement. Buyer's Initials------Seller's Initials------ 15. AGREEMENT IN WRITING This Agreement shall constitute the entire Agreement between the Buyer and Seller. 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. BUYER ACKNOWLEDGEMENTS 16. INSPECTION The Buyer acknowledges having inspected the building prior to submitting this offer and understands that upon the Seller accepting this offer there shall be a binding Agreement of Purchase and Sale between the Buyer and the Seller. 17. CONOITION OF THE PROPERTY The Buyer acknowledges and agrees that it is purchasing the Building, building components, HVAC equipment and fixtures in an "as is" condition and located "where is". The Buyer acknowledges that there is no warranty, covenant or representation from the Seller as to the condition of the Building, HVAC equipment, building components and/or fixtures and the Buyer has relied entirely upon its own inspections. 18. LEASE The Parties agree that they shall enter into a lease on or before closing as set out on the attached Schedule "8". SELLER ACKNOWLEDGEMENTS 19. EXISTING SERVICES The Seller agrees, without payment by the Buyer of additional levies, imposts or charges, to supply to the building all existing municipal services currently in place and serving the building including hydro, water, sanitary sewers. Such municipal services to be available on or before closing. Customary charges will be paid for by the Buyer post close date. DATED at Tillson burg this SIGNED, SEALEO AND OEUVEREO in the Presence of Buyer's Initials------ lh day of March, 2013. THE CORPORATION OF THE TOWN OF TILLSONBURG John Lesslf MAYOR Donna Wilson UERK We have authority to bind the Corporation COUNTY OF OXFORD Warden Clerk We have authority to bind the Corporation 3 DATE DATE DATE DATE Seller's Initials------ WHEREAS LEASE (LAND LEASE FOR LIBRARY) Made this th day of March, 2013. BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the "Lessor") -and- County of Oxford (hereinafter referred to as the "Lessee") The Lessor owns land municipally described as 2 Library Lane, Tillsonburg, Ontario (the "Lands") (see attached Schedule "A"). Contained on the Lands is a building (the "Building") which contains the Tillsonburg Library (the "Library"). The Lessor and Lessee entered into a separate agreement (the "Purchase Agreement") whereby the Lessor is to sell the Building to the Lessee but not the Lands on which the Building is situated. As part of the Purchase Agreement the Parties agree that the Lessor is to lease to the Lessee the Lands and the Lessee is to operate the Library in the Building. In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the Parties hereto respectively covenant and agree as follows: 1. GRANT OF LEASE (1) The Lessor leases the Lands to the Lessee: 2. RENT (a) at the Rent set forth in Section 2; (b) for the Term set forth in Section 3; and (c) subject to the conditions and in accordance with the covenants, obligations and agreements herein. (1) Rent means the amounts payable by the Lessee to the Lessor pursuant to this Section and includes Additional Rent. (2) The Lessee covenants to pay to the Lessor annual rent of $2.00 plus H.S.T. (as applicable) ("Base Rent"). (3) The Lessee further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Lessee to the Lessor or to any other party (5) The Lessee agrees that pursuant to the Purchase Agreement the Lessee shall provide unrestricted access to the Lands and Building to the Lessor, or its contractors, employees or agents to access the solar panels on the roof of the Building and the electrical equipment I components in the Building upon request by the Lessor for the purposes of maintenance, inspection, removal, replacement and/or repair. The Lessee acknowledgers that at all times the solar panels and all electrical equipment, components, meters and wiring is the exclusive property of the Lessor or its contractors or agents. (6) At no time shall the Lessee interfere with or disrupt the solar panels and/or equipment I components in or on the Building and/or Lands. (7) The Parties agree that Library Lane does not form part of the Lands but the Parties agree that the Lands include the following: 4. ASSIGNMENT (a) the green and vacant areas from the east side of the Building extending to the west edge of sidewalk on the west side of Broadway; (b) the green and vacant areas from the south side of the Building extending to the north edge of the sidewalk known as Library Lane; (c) all walkways, steps, wheelchair ramp and walkway and ramp coverings from the south side of the Building extending to the north edge of the sidewalk known as Library Lane; (d) all walkways, green areas and vacant areas from the west side of the Building extending to the east edge of a sidewalk that connects Washington Grand Avenue to the parking lot to the west of Library Lane; and, (e) all walkways, green areas and vacant areas from the north side of the Building extending to the south edge of the sidewalk on the south side of Washington Grand Avenue. (1) The Lessee shall not assign this Lease or sublet the whole or any part of the Lands unless they first obtain the consent of the Lessor in writing, which consent shall not unreasonably be withheld and provided the sub-lessee and/or assignee signs a written acknowledgement that he/she will be bound by the terms, conditions and rules as provided for in this Lease. The Lessee hereby waives its right to the benefit of any present or future Act of the Legislature of Ontario which would permit the Lessee to assign this Lease or sublet the Lands without the Lessor's consent. (2) The consent of the Lessor to any assignment or subletting shall not operate as a waiver of the necessity for consent to any subsequent assignment or subletting. (3) Any consent given by the Lessor to any assignment or other disposition of the Lessee's interest in this Lease or in the Lands shall not relieve the Lessee from his obligations under this lease, including the obligation to pay Rent, Base Rent and Additional Rent as provided for herein. 5. USE (1) During the Term of this Lease the Building and Lands shall not be used for any purpose other than as the Library without the express written consent of the Lessor given in responsible for the care, repair, maintenance, renovation and status of the Building without contribution from the Lessor. 7. ALTERATIONS AND ADDITIONS (1) If the Lessee, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Lands including, but not limited to, walkways, landscaping, sodding and erecting any type of structure the Lessee may do so at its own expense provided that any and all alterations or additions to the Lands made by the Lessee must comply with all applicable building code standards and by-laws of the municipality in which the Lands are located and any federal or provincial statutes, rules or regulations. (2) The Lessee shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Lands. (3) The Lessee agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance and/or lien that may be registered against the Lands in connection with any additions or alterations to the Lands made by the Lessee or in connection with any other activity of the Lessee. (5) Prior to commencement of any renovation the Lessee shall provide to the Lessor evidence of the required liability insurance and satisfactory proof of Workplace Safety and Insurance Board insurance for the general contractor. 8. INSURANCE & INDEMNIFICATION (1) The Lessee covenants to keep the Lessor indemnified and save the Lessor harmless against any and all claims and demands whatsoever for any reason at law, equity, statute, negligence, contract or tort by any person corporation or entity whether in respect of death and/or damage to person or property, arising out of or occasioned by the Lessee's maintenance, renovation, construction, use or occupancy of the Building and Lands or the subletting or assignment of same or any part thereof. The Lessee further covenants to indemnify the Lessor with respect to any encumbrance on or damage to the Lands occasioned by or arising from the act, default, or negligence of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or licensees. The Lessee agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of the Lease to the contrary. (2) The Lessor covenants to keep the Lessee indemnified and save the Lessee harmless against any and all claims and demands whatsoever for any reason at law, equity, statute, negligence, contract or tort by any person corporation or entity whether in respect of death and/or damage to person or property, arising out of or occasioned by the Lessor's use of the Lands or any part thereof. The Lessor agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of the Lease to the contrary. (3) The Lessee shall carry insurance in its own name insuring against the risk of damage to the Building and Lands caused by fire or other perils. (4) The Lessee shall carry such public liability and property damage insurance including personal injury and property damage coverage with at least five million ($5,000,000.00) condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Lessor to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or condition of this Lease shall be deemed to have been waived by the Lessor unless the waiver is in writing and signed by the Lessor. 10. RENEWAL AT END OF TERM AND CONSEQUENCE OF TERMINATION OR NON RENEWAL (1) If the Lessee remains in possession of the Lands after termination of this Lease as aforesaid and if the Lessor then accepts rent for the Lands from the Lessee, it is agreed that such over holding by the Lessee and acceptance of Rent by the Lessor shall create a monthly tenancy only but the tenancy shall remain subject to all the terms and conditions of this Lease except those regarding the Term. (2) The Parties agree that it is their mutual intention that at the end of the Term of this Lease then the lease shall be renewed upon such conditions and terms as agreed between the Parties and such decision to renew by the Lessor shall not be unreasonably withheld. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that the Lessor shall have an option to purchase the Building at fair market value in an amount to be determined by the Parties, with such sale to be concluded within 120 days of the termination of this Lease. The Lessor and Lessee shall enter into good faith negotiations to determine the purchase price and such other terms as required by the Parties. If the Lessor does not purchase the Building then the Lands and Building shall be listed for sale and the proceeds of sale shall be paid to the Parties. The Parties agree that they shall jointly retain a qualified commercial real estate appraiser that will appraise the Lands as if the Lands were vacant and the Building as if the Building was located on lands with zero value. The proportionate value of the two appraisals shall then determine the respective Parties percentage of the net sale proceeds. (3) If the Building is damaged or destroyed, in whole or in part, by fire or other peril, then the rent hereby reserved shall continue to accrue after the day that such damage occurred, or while the process of repair is going on, and the Lessee shall repair the Building with all reasonable speed, and the Lessee's obligation to pay Rent shall continue throughout the repairs; 11. NOTICE (1) Any notice required or permitted to be given by one party to the other pursuant to the terms of this Lease may be given To the Lessor at: Town of Tillsonburg Corporate Office Att: CAO 200 Broadway, Suite 204 Tillsonburg, Ontario N4G 5A7 Fax: 519.842.9431 To the Lessee at the Building or at: County of Oxford 21 Reeve Street Woodstock, ON N4S 7Y3 (6) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. (7) This Lease and Purchase Agreement constitute the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless executed in writing by the Parties. (8) The Lessee agrees that it has not relied upon any representation, promise or warranty of the Lessor with respect to the condition of the Lands and/or Building, or any representation or promise of the Lessor to repair, renovate or otherwise alter the Lands and/or Building in any manner prior to or after commencement of the Term. The Parties agree that the Lands and Building are being offered to the Lessee in an "as is" condition. The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to or after it obtains possession. The Lessee acknowledges that it has performed its own due diligence in establishing the state of repair of the Building and Lands. (9) The Lessee shall not do or suffer any waste or damage, disfiguration or injury to the Lands or services to the Building. No part of the Lands shall be used for any dangerous, noxious or offensive trade or business. The Lessee shall not do anything or permit anything to be brought on the Lands which the Lessor may reasonably deem to be a nuisance. The Lessee shall take every reasonable precaution to protect the Lands and surrounding premises from danger of fire, water damage or the elements. The Lessee shall not allow any ashes, refuse, garbage or other loose objectionable material to accumulate in, or about the Lands and will at all times keep them in a clean and wholesome condition. The Lessee shall not carry on any business or operation or permit anything to be done on the Lands which contravenes any provision of the Environmental Protection Act, its amending or successor legislation, and shall not discharge any pollutant or contaminant into the natural environment, as those terms are defined in the Environmental Protection Act. (10) Unless due to the Lessor, its agents, officers, employees, contractors, invitees and licenses negligent act or omission, the Lessor shall not in any event whatsoever be liable or responsible in any way for any personal injury or death or property damage that may be suffered or sustained by the Lessee or any employees of the Lessee or any other person who may be on the Lands including all patrons and customers of the Library or for any loss or damage or injury to any property belonging to the Lessee or to its employees or to any other person while such property is on the Lands. In particular (but without limiting the generality of the foregoing) the Lessor shall not be liable for any damage to any such property caused by steam, water, rain or snow which may leak into, issue, flow from any part of the Lands or any adjoining premises or areas or from any water, steam, sprinkler or drainage pipes or plumbing works or from any other quarter or for any damage caused by or attributable to the condition or arrangement of any electrical or other wiring or for any damage caused by anything done or omitted to be done by any neighbouring premises. (11) No condoning or waiver by either the Lessor or Lessee of any default or breach by the other at any time or times in respect of any of the agreements, terms, covenants and Title: Report No.: Author: Meeting Type: Council/Committee Date: Attachments: RECOMMENDATION STAFF REPORT CAO OXFORD CYCLING ADVISORY COMMITTEE CAO 13-05 DAVID CALDER COUNCIL MEETING MARCH 11, 2013 LETTER CYCLINGCOMMITTEE 20130129 RESOLVE THAT Council receive Report CAO 13-05, OXFORD CYCLING ADVISORY COMMITTEE; FURTHER RESOLVE THAT be appointed as the Tillsonburg representative on the Oxford Cycling Advisory Committee. EXECUTIVE SUMMARY The Oxford County Transportation Master Plan recognized the need to include consideration for bicycles in road reconstruction design and the need for a cycling advisory committee to cultivate a bike friendly community in Oxford County. Oxford County Public Health are steering the Cycling Advisory Committee and are currently looking for Tillson burg to appoint a council or staff representative to the committee. The committee will assist the County in the development and implementation offuture cycling initiatives. FINANCIAL IMPACT/FUNDING SOURCE N/A APPROVALS Author Name/Signature DAVID CALDER DATE: MARCH 8, 2013 CAO/Signature N/A DATE: Finance Name/Signature DATE: CAO C) ~(") Q)~ I.. e>o ~ -eN ::J .c al ~ ~ c: -c ~ 0 c ..c ro u U) ~ en ro c ~ ro ·-1--a... 'I en ) en 0 Q) c ·-c: en ~ ::J al ~ (") ~ 0 N ) \...__--......... "-' .. / 2013 Budget Status ~Current draft budget is an overall reduction of $99,895 or -0.8°/o in the requirement from taxation ~ Reduction pertains to operating requirements; there is no 2013 increase in capital requirements \..___-'-....../ 2013 Budget Pressures ~ 2013 County IT support $40,000 ~Health benefits 5°/o increase $28,000 ~Insurance cost-no budget impact ~Urban design reserve $25,000 \.__.-'-....~ 2013 Budget Pressures ~Contribution to reserves for youth activities $5,000 ~ Fire Fighter Association contract renegotiation, amount not yet known ~Sustaining existing service delivery "\_,-· ~ 2013 Budget Strategic Initiatives ~Final implementation of PT wage grid ~ Continued minimization of debt for infrastructure ~Surplus parking net levies to reserves ~Contribution to reserves for capital projects $377,345 .__ -'"' ''---' ~ 2013 Budget Revenue Sources for the Town of Tillson burg Net Reserves 2% Special Levy, Local Debenture Proceeds 7% Other Revenues / 4% Development Charges Sale of Assets 0% 0% "'C -0 ..c cu U') ::::J 0 ..c '-cu a. ..., U') 0 u .. U') cu ) u ·:; '-cu V) e_D ::::J ..c c: """ LJ"\ 0 U') !'.. -·-vt 1-II LI"':E! I.Oo q_.,t:; '+-0 I'..Q) Ill II ::::! Ill 0 "OJ: -..... 0 Q) c: :I: c. ~ ~ QJ._, Ill Ill ::::! 0 au J:_ 4-rO oc; =it: I- ) \.,__-'·'"·...-"' 2012 Reserves Ending Balances Gas Tax, 225,694 OPP, 100,144 Investing in Ontario,_ ~ 16,854 5,000 Urban Design, 15,000 Future Capital Projects, 286,351 Total: $3,598,798 2013 Budget Recommendation ~ Resolve that the 2013 Business Plans and Budget in the amount of $12,391,879 be adopted STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: Report No.: Author: Meeting Type: AIRPORT KITCHEN LEASE DCS 13-14 ANNETTE MURRAY /CEPHAS PANSCHOW COUNCIL MEETING Council/Committee MARCH 11, 2013 Date: Attachments: LEASE AGREEMENT RECOMMENDATION RESOLVED THAT Council receive Report DCS 13-14 Airport Kitchen Lease; FURTHER RESOLVE THAT the Mayor and Clerk be authorized to enter into a lease agreement with Dana VanDyk and Jessica VanDyk (operating as SkyWay Cafe) for the lease of the kitchen and adjacent seating area in the Air Terminal Building for a period of April 6, 2013 to March 31, 2016, subject to the terms and conditions contained in this report; FURTHER RESOLVE THAT the purchase of any additional equipment required for the successful operation of the kitchen be brought forward to Council for their consideration at that time; and, THAT a bylaw be brought forward in this regard. EXECUTIVE SUMMARY A seasonal cafe at the Tillsonburg Regional Airport has been in operation since the opening of the new terminal building in 2010. The cafe has been operated most recently by Michael Papaioannou for the past two years between June and October of 2011 and between April and October 2012. Mr. Papaioannou has since retired from the operation of food services. Staff released a Request for Proposal for kitchen operators on February 5, 2013. Notice of this opportunity was circulated to the Tillsonburg, London, Woodstock, Norfolk and Kitchener areas by way of email, website, newspaper and on-line advertising, as well as personal visits to various existing area airport Cafe operators. One proposal was submitted by Dana VanDyk and Jessica VanDyk in response to the request. Dana VanDyk and Jessica VanDyk are experienced in the restaurant business and are the current owners/operators of the SkyWay Cafe at the Brantford Municipal Airport, where they have been in operation for the past 12 years, offering breakfast and lunch 7 days a week. They are interested in building a viable business at the Tillson burg Regional r----1 -----, CAO APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature ANNETTE MURRAY DAVID SAMIS DARRELL EDDINGTON 3 DATE: MARCH 1, 2013 DATE: DATE: CAO THIS AGREEMENT made in quadruplicate this 8th day of March, 2013. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG, hereinafter called the Lessor, of the First Part, -and- Dana VanDyk and Jessica VanDyk operating as SkyWay Cafe, hereinafter ca lied the Lessee, of the Second Part, AND WHEREAS the Lessor owns the Tillson burg Regional Airport, including the Air Terminal Building, AND WHEREAS the Lessor is desirous of renting the kitchen facilities and adjacent sitting area in the air terminal building to a qualified operator to provide food services to the users of the Tillson burg Regional Airport; NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreements hereinafter set out, hereby agree as follows: 1. DEFINITIONS a. "Cafe Premises" shall mean the Tillsonburg Regional Airport Kitchen and seating area to which this Agreement applies. b. "Facility" shall mean the Air Terminal Building in its entirety. c. "Food Services" shall mean all food and food related products and non-alcoholic beverages required to provide the cafe service within the Cafe Premises. 2. RIGHT TO SELL FOOD AT CAFE PREMISES The Lessor grants to the Lessee exclusive rights to sell food and non-alcoholic beverages within the Cafe as outlined in this Agreement. Items to be sold shall be limited to food products. Notwithstanding above, the Lessor reserves the right to provide their own catering for private events from time to time. 3. LEASE TERM The Lease Term is effective beginning April1, 2013 and ending March 31, 2016, unless terminated under the provisions of Paragraphs 29 or 30, as applicable. The Lease Term can be extended for an additional one (1) year, subject to approval by the Lessor in their sole and absolute discretion, upon receipt by the Lessor of written notice thirty (30) days prior to March 31, 2016. If accepted by the Lessor within forty-five days, the same rates and terms shall apply except that the contract shall be amended to extend the termination date. 1 It would be up to the Cafe operator to determine if she/he wishes to remain open for longer hours and/or days. The Cafe operator shall work closely with the Airport Administrator on promotion, marketing and all aspects of Cafe operations. Hours of operation of the Cafe are to be posted in locations deemed appropriate by the Airport Administrator. 9. FACILITIES INVENTORY The lease agreement for the kitchen includes the items listed in Schedule A attached to this agreement. Prior to the beginning of the contract or first date of operations, the Lessor and the Lessee shall perform a joint facilities inventory to determine: • The operating condition of all capital equipment; and, • The condition ofthe premises including all surfaces; Photos to be attached. In no event shall either party remove, without the written permission of the authorized representative(s) of either party, any capital or major equipment or facilities. It is the responsibility ofthe Lessee to notify the Lessor immediately if any oft he equipment becomes non-functioning or a safety hazard. 10. MAINTENANCE & CARE OF KITCHEN EQUIPMENT The cost of normal maintenance and care of kitchen equipment will be the responsibility of the landlord unless due to negligence on the part of the Lessee. The Lessee agrees to pay for the range hood inspection under National Fire Protection Association (NFPA) regulations if required. 11. HOUSEKEEPING The lessee will be responsible for the normal housekeeping (cleaning and sanitizing) of those areas affected by the operation of the cafe/restaurant; including the kitchen, dining area, any areas rented for banquets, and all walls associated with each. Restaurant cleanliness shall meet Oxford County Public Health Unit standards. Due diligence is the responsibility of the lessee. 12. WASTE REMOVAL The lessee will be responsible for the coordination and costs associated with waste removal including tipping fees, cooking oil removal, recycling, etc. 3 19. WORKPLACE SAFETY AND INSURANCE BOARD (WSIB) The Lessee shall be required to supply a Certificate from the Workplace Safety and Insurance Board prior to the start of the contract and upon fourteen (14) days notice, if requested in writing, during the life of the contract. The Certificate shall indicate that all of the assessments the Contractor or any Subcontractor is liable to pay under the Worker's Safety Insurance Board Act or successor legislation have been paid and that they are in good standing with the Board. 20. W.H.M.I.S. REQUIREMENTS The Lessee must supply a supplier label and appropriate Material Safety Data Sheet under the W.H.M.I.S. legislation and Hazardous Material Protection Act for all controlled products to be used in conjunction with the lease and operation ofthe concession. Any controlled goods supplied without appropriate data sheet and proper labeling will not be allowed on site and will be immediately removed by the Lessee from the premises. 21. INSURANCE The Lessee will maintain and pay for Commercial General Liability Insurance, which coverage shall include premises and all operations to be performed by the Lessee, his/her employees, and/or agents. This insurance coverage shall be subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof for any one occurrence. The policy shall include The Corporation ofthe Town of Tillson burg as an additional insured in respect of all operations performed by or on behalf of the Lessee. The Lessee shall be entirely responsible for the cost of any deductible. The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30) days prior written notice to the Lessor. 22. LOSS OR DAMAGES It is the Lessee's responsibility to maintain appropriate controls over the storage and safekeeping of property belonging to the Lessee and/or their staff; including, but not limited to, all inventory and monies maintained on the premises. The Lessor will not be liable for any loss or damage to the Lessee's property stored on the premises, for any reason. The Lessee shall also indemnify and save harmless the Lessorfrom and against all claims, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted by, or attributed to any such damages, injury or infringement as a result of activities under this Contract. 5 29. TERMINATION OF THE CONTRACT FOR CAUSE In the event of any material default in this agreement by the Lessee that is within the reasonable control of the Lessee, the Lessor shall have the right to provide written notice of such default and demand that the deficiency of program be rectified within five (5) working days or such longer period as may be agreed upon by the Lessor. If the said default is not rectified or steps are not take to rectify the situation according to the agreed upon plan, the Lessor shall be entitled to issue a written notice of termination for cause with no less than thirty (30) days notice and all commissions outstanding shall be payable to the Lessor within thirty (30) days from termination. The Lessor may immediately terminate the Agreement if the County of Oxford Board of Health notifies the Lessor that: • The bacterial content of the food fails to meet public health standards; or, • The method for preparing, packaging, storing or shipping food is deemed unsatisfactory in meeting public health standards; or, • Any other condition exists that, in the opinion of the County of Oxford Board of Health, results in food being deemed unfit for human consumption. If the Agreement is terminated immediately, all outstanding monies shall be payable to the Lessor within ten (10) business days following termination. 30. TERMINATION FOR CONVENIENCE This agreement can be terminated by either party after twelve (12) months by giving notice, in writing, sixty (60) days prior to the termination date or the expiration of the lease term. If this clause is invoked, all outstanding monies shall be payable within thirty (30) days of termination. 31. INTERPRETATION The terms and provisions of the Agreement shall be in accordance with the laws of the Province of Ontario. 32. FORCE MAJEURE Neither party shall be held liable for non-performance or damages if caused by events of Force Majeure, which, without limiting the generality thereof, includes fires, floods, unusually severe weather or Acts of God, and are beyond the reasonable control of a party, provided same shall not apply to delay or excuse any financial obligation. 7 APPENDIX A-CAFE INVENTORY 1 KEURIG COFFEE MAKER 1 BLACK AND DECKER TOASTER 1 WHIRLPOOL GOLD FRIDGE W/BOTIOM FREEZER 1 PEPSI FRIDGE 1 DOUBLE BASKET GLOBE DEEP FRYER 1 MOYER DIEBEL DISHWASHER 1 GARLAND OVEN/GRILL DOUBLE BURNER 1 PANASONIC S/S MICROWAVE 1 WESTBEND 32 CUP COFFEE PERCOLATOR 1 BETTY CROCKER WATER KETILE 1 SUNBEAM 10 CUP COFFEE MAKER 1 BLACK AND DECKER TOASTER OVEN 1 S/S PAPER TOWEL HOLDER 2 S/S MIXING BOWLS 1 S/S STRAINER 1 PLASTIC MEASURING CUP 1 BRA VETil PRO CROCKPOT 2 SERVING TRAYS 1 GREY DISH TOTE 1 EYE WASH STATION 2 PLASTIC FOOD CONTAINERS 1 BLACK AND DECKER GRIDDLE 24 WHITE DINNER PLATES 24 WHITE COFFEE MUGS 9 11 13 STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: Animal Control Contractor Request for Proposal Report No.: DCS 13-13 Author: David Samis Meeting Type: OPEN COUNCIL MEETING Council/Committee MARCH 11, 2013 Date: Attachments: REQUEST FOR PROPOSAL RECOMMENDATION RESOLVED THAT Council receive Report DCS 13-13 Animal Control Contractor Request for Proposal for information only. EXECUTIVE SUMMARY The current animal control sub-contractor has notified the municipality that they are wishing to end the contract with the municipality. Included with the report is the request for proposal document for Council review. HISTORY /BACKGROUND In May 2011, municipal council voted to award the Animal Control Services Agreement to Maple Oak Kennels; the contract commenced in July of 2011. On March 1, 2013, the Chief Building Official received a letter from the contractor indicating their wish to end their contract with the municipality, effective the end of May 2013. The contractor has advised based on personal circumstances they can no longer provide this service to Tillsonburg. Staff are re-issuing the attached request for proposal document similar to the document issued in 2011 with a modification to the notice provision. CAO THE CORPORATION OF THE TOWN OF TILLSONBURG DEVELOPMENT & COMMUNICATIONS DEPARTMENT REQUEST FOR PROPOSAL PROPOSAL FOR ANIMAL CONTROL SERVICES Closes April 5, 2013 PROPOSAL FOR ANIMAL CONTROL SERVICES PAGE 3 OF 22 GENERAL DESCRIPTION The Corporation of the Town of Tillsonburg (Town) is seeking quotations for the provision of animal control for a two (2) year term. OWNER'S REPRESENTATIVE Owner's representative is Geno A. Vanhaelewyn, CBO, Property Standards & By-Law Enforcement Officer (519) 842-9200 Ext. 2234. All inquiries shall be directed to the Owner's Representative. DELIVERY OF BID DOCUMENTS Tender submissions for Proposal for Animal Control Services will be received in a sealed envelope by the CBO, Property Standards & By-Law Enforcement Officer/designate, 10 Lisgar Avenue, Tillsonburg N4G 5A5 before 2:00p.m. on April 5, 2013, local time. QUOTATION ACCEPTANCE PERIOD Quotations are to remain firm for acceptance for sixty (60) days after the closing date. The lowest or any quotation not necessarily accepted. TERMS AND CONDITIONS Late Submissions Tenders received later than the time specified will not be accepted, regardless of any postal seal date and such quotations will not be opened and will be returned by regular registered mail or picked up by the owner. Bid Submission Contents The bid submission envelope shall contain the Form of Tender (Pages 16 to 20 inclusive of this package) and other documentation required to be submitted at time of bid closing. Payment Terms Town of Tillsonburg payment terms are 45 days. PROPOSAL FOR ANIMAL CONTROL SERVICES PAGE 5 OF 22 All bids must be on the Form of Tender supplied by the Town and be signed and sealed by the bidder. A bid submitted by a corporation shall bear the corporation seal and the signature of a duly authorized officer or officers who may be required to present evidence of his/her or their authority to sign. Where a bid is a joint venture, they shall comply individually with this direction. Successful bidders shall be responsible for all permits where applicable. Where sub-trades are to be used, a complete list showing sub-trade name, owners, phone numbers and addresses shall accompany the quotation. The amount of indebtedness to the sub-trade for works to be performed shall be clearly shown on the list. Sub-trades may be changed by the main contractor but only on written approval by the appropriate Manager or the Consultant of the Town. Rights of the Town The Corporation of the Town of Tillsonburg reserves the right to reject any or all tenders for any reason whatsoever and to accept any tender considered best for its interest. Bids which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations or irregularities of any kind, may be rejected as informal. The bidder may, however, submit alternative prices on any item for consideration. The Town reserves the right to waive informalities at its discretion. Bids containing prices that are unbalanced and are likely to affect adversely the interest of the Town may be rejected. The Town shall be the sole judge of such matters. Any contingency allowance to be included shall be stated by the Town and no bidder shall include any contingency allowance in any bid. Whenever the amount bid for an item does not agree with the extension of the estimated quantity and the quoted unit price, the unit price shall govern and the amount of the total Tender Price shall be corrected accordingly. Any quantities provided in this tender shall be used as a basis of calculation upon which the award of contract will be made. These quantities are not guaranteed to be accurate and are furnished without any liability on the part of the Town. Rights of the Bidder Any bidder will be permitted to withdraw his/her bid unopened after it has been deposited with the Town, provided such request for withdrawal is received in writing prior to the closing date and time. PROPOSAL FOR ANIMAL CONTROL SERVICES PAGE 7 OF 22 Such policy shall contain: • a "Cross Liability" clause or endorsement; • an endorsement certifying that the Town of Tillsonburg and (insert bidder/contractor is included as an additional named insured; • an endorsement to the effect that the policy or policies will not be altered, cancelled or allowed to lapse without thirty days prior written notice to the Corporation. The Liability Insurance Policy and/or endorsements shall be satisfactory to the Town. Successful Bidder/Provider Responsibilities The contract must be completed by the time as specified in the Form of Tender or as agreed upon in the contract. The Bidders are assumed to have made themselves familiar with and will abide by all Federal, Provincial, Municipal and Local Laws, rules and regulations which in any way affect the work, and no plea of misunderstanding will be considered on account of ignorance thereof. If the bidder shall discover any provisions in the drawings, specifications or contract, which are contrary to or inconsistent with any law, rule or regulation, they shall at once report it to the Owner's Representative, in writing. Claims received by the successful bidder by sub-trades, the public or any other Town departmenUdivision shall be dealt with immediately by the successful bidder. If a claim is settled to the satisfaction of the claimant, the successful bidder shall submit to the appropriate Manager, a copy of the claimant's release. If the successful bidder and/or his insurance company reject a claim, the successful bidder shall report this fact in writing to the appropriate Manager as soon as possible. Should the successful bidder be unable to resolve the claim within two weeks after receipt of such claims, he shall report to the appropriate Manager, the steps being taken with respect to the claim. The Provider, by executing the contract, unequivocally acknowledges that he/she is the constructor within the meaning of the Occupational Health and Safety Act and amendments thereto, as applicable to the scope of work outlined in the quotation document. The Provider shall insert the firm's WSIB account number on page 1 of the Form of Tender. This number is required in order to verify the firm's standing with the Board at the time of the recommendation to award this contract. The successful bidder shall supply all materials and equipment necessary for the completion of the work. OR OR PROPOSAL FOR ANIMAL CONTROL SERVICES PAGE 9 OF 22 2. Performance Review An annual performance review will be scheduled to discuss any issues and concerns that the Town may have regarding the service provided. 3. Enforcement of By-Laws Enforcement of By-Laws will be provided by the Town of Tillsonburg's By-Law Enforcement Officer(s). 4. Calls for Service Canines The Provider shall respond to calls for service regarding dogs running at large within The Town of Tillsonburg. Complaints will be forwarded to the Provider from the Town, and the OPP regarding dogs running at large. The Provider will be responsible for providing documentation of incidents which will be submitted to the By-Law Enforcement Officer. The Provider shall respond to calls for service from the Ontario Provincial Police without obtaining prior consent from the Town. Felines Complaints will be forwarded to the provider from the Town. The Provider shall attend the residence with authorization from the Town. In the event that the cat is not confined, the Provider shall receive authorization from the Town to offer the use of a live trap in order to contain the animal. 5. Compensation Service will be tendered in one of three ways: 1) On a per call basis, (use Pricing Pages A , or B) 2) By monthly retainer (use Pricing Pages C or D) 3) The Bidder may submit a tender by per call basis and by monthly retainer. (complete Pricing Pages as applicable). PROPOSAL FOR ANIMAL CONTROL SERVICES PAGE 11 OF 22 10. Service Hours The Provider shall maintain a communications system for 24 hr. service, 7 days per week (such as pagers, cellular phones, and personal business lines) for guaranteed and expedient response time. The phone service shall be answered by a person not an answering machine. The cost of telephone service must be considered in the overall costing of the tender as no additional compensation will be provided. Cellular service and/or pager service may be used as well instead of live person answering provided that the caller may leave their number and the service Provider will be notified by paging or cellular notification service immediately. 11. Animal Pick-up The Provider shall pick-up confined cats authorized by the Town. The Provider shall confine and capture dogs running at large on a complaint basis only. Patrols will be allowed only as per Section 12. Timely response to call for service is expected of the Provider by the Town. Information on approximate response time is to be provided to the complainant at the time the call for service is received by the Provider. owner upon Oicku[)/:Wihil to .return . ··~·'·•~~':"'•i credit card ~Arv•nA. tc)r~()Wf\e the Towh of Till•~nnhi Provide the maximum expected response time on the Form of Tender. 12. Patrols Patrols shall be scheduled at the request of the Town and shall not be performed on a routine basis. Please include compensation rate expected (flat rate or mileage rate) when tendering. 13. Live Traps The Provider shall be equipped to trap and remove dogs and cats. PROPOSAL FOR ANIMAL CONTROL SERVICES PAGE 13 OF 22 Accurate records will be kept by the Provider related to all adoptions of all animals. The Provider may retain any revenue derived from an adoption of an animal. 18. Disposal All animals to be euthanized shall be dealt with in a humane way and in accordance with Provincial regulations. A certified and licensed Veterinarian will conduct all disposals. The Provider shall be responsible to assume the costs of disposal of all euthanized animals. Disposal shall be done by cremation, and under the rules and regulations of The Animals for Research Act. All animals diagnosed as diseased by a certified and licensed Veterinarian may be disposed of immediately. All others must be held in conformance with Provincial regulations. All records related to disposal of any animal shall be kept and available to the Town upon request. 19. Facilities The Provider shall provide and maintain a pound facility and offer animal control services in accordance with all relevant legislation and regulations, including, but not limited to: The Animals for Research Act, The Pounds Act, the Oxford County Board of Health, The Health Protection and Promotion Act (rabies), applicable Municipal By-laws, The Municipal Act, and any rules or regulations established by Ontario Ministry of Agriculture, Food, and Rural Affairs (OMAFRA). The facility will include an indoor and outdoor run area as well as holding cages. The Provider must operate and be licensed under the rules and regulations of The Ontario Ministry of Agriculture, Food and Rural Affairs. The Provider should be a member in good standing of The Association of Animal Shelter Administrators of Ontario. Animal control facilities should be capable of housing enough animals for periods beyond the required three day stay, in an effort to promote adoption. All facilities must meet the criteria required by legislation and must be inspected on an annual basis by OMAFRA. The Provider must show a good disease prevention program, including cleaning, quarantine, and a vaccination schedule. Any deficiencies shall be reported to the Town forthwith. PROPOSAL FOR ANIMAL CONTROL SERVICES PAGE 15 OF 22 The vehicle(s) used for animal control services shall be equipped with trained staff in the care, capture, confinement and handling of injured or difficult animals. The equipment in the vehicles shall include, but not be limited to, nets, cages, collars, leashes, tranquilizer guns, traps, etc. The Provider shall be responsible for all costs including fuel, operation, maintenance, licence and insurance of all equipment and vehicles used to supply the Animal Control Service. 24. Early Cancellation The contractor may give notice of cancellation of the contract with six (6) months written notice. 25. Hold Harmless Clause The Provider shall indemnify and hold harmless the Town of Tillsonburg from and against all liability, losses, damages, suits and actions resulting directly or indirectly from the performances of his/her duty (duties) and/or the performance of the contract. PROPOSAL FOR ANIMAL CONTROL SERVICES PAGE 17 OF 22 EMAIL ADDRESS ____________________________________ ___ DATE OF TENDER ____________________________________ __ Additional Information -MUST be completed by all Bidders 1) Operational Hours for Animal Control and Pound Facility: 2) Hours of Operation for Calls for Service 3) Method of Receiving Calls (please provide all telephone numbers, cell phone numbers, toll-free numbers, pager numbers) 4) List of Vehicles to be used in providing Service (e.g. make, model, and year) 5) List of Equipment to be used in providing Service (e.g. tranquilizer gun, net, number of live traps) PROPOSAL FOR ANIMAL CONTROL SERVICES PAGE 19 OF 22 Pricing Pages You may bid on a per call out basis or monthly retainer basis or both. A -Per Call Out -Canines Item Year1 Year2 Call out fee for services Boarding fee cost per day Cost of euthanasia per canine Cost of disposal per canine Mileage rate per requested patrol Flat rate per requested patrol Court appearance fee Live trap placement fee B-Per Call Out-Felines Item Year 1 Year2 Call out fee for service Boarding fee cost per day Cost of euthanasia per feline Cost of disposal per feline Live trap placement fee C -Monthly Retainer Fee-Canines Item Year 1 Year2 Monthly retainer fee Call out fee for service Boarding fee cost per day Cost of euthanasia per canine Cost of disposal per canine Mileage rate per requested patrol Flat rate per requested patrol Court appearance fee Live trap placement fee PROPOSAL FOR ANIMAL CONTROL SERVICES Map of the Town of Tillsonburg ·.1· IIID D.·: ••• .. .... . ··. • • \ ~ 1IIMI ,. • • TOWN ()F .·. "+-• TILlSON BURG . . . PAGE 21 OF 22 STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: Building and By-Law Services 2012 Annual Report Report No.: DCS 13-09 Author: GENO VANHAELEWYN -Chief Building Official Meeting Type: COUNCIL MEETING Council Date: MARCH 11, 2013 Attachments: RECOMMENDATION RESOLVED THAT Council receive Report DCS 13-09; Building and By-Law Services 2012 Annual Report. EXECUTIVE SUMMARY Total Permits Issued Total Construction Value Total Permit Revenue 2012 Building Permit Activity 301 $18,982,457 $223,824.23 2012-Permit Class Comparison Single Other Family Residential Institutiona I Commercial Dwellings Permits 57 146 11 79 Issued Estimated 8,910,390 1,476,617 235,550 7,855,600 Value Industrial 8 504,300 CAO 2012 -MAJOR CONSTRUCTION PROJECTS • Snap Fitness -Renovation -225 Broadway • Wai-Mart -Renovation -200 Broadway • Moffatt & Powell -Renovation -268 Tillson Ave • Otter Valley Foods -Addition -95 Spruce • Eichenburg Motors -New Construction -164 Simcoe St • Home Hardware -Additions -101 Tillson Ave • Goodwill -Renovation -79 Simcoe St • Stauffer Motors -Addition/Renovation-685 Broadway 2012 -Building & By-Law Activity Output Measures-Quantity 2008 2009 2010 2011 2012 Actual Actual Actual Actual Actual Building Permits Issued 299 284 318 319 301 Building Inspections Completed 1,500 1,298 1,247 1,201 1,173 Parking Tickets Issued 759 943 840 904 753 Temporary Parking Permits ----13 Animal Tags Cats 569 601 788 755 772 Issued Dogs 1,014 1 219 1 637 1 615 1 671 Enforcement -Parking, Noise, 92 102 115 151 107 Complaints and Garbage Taxi 'pccurrences Property Stds, Zoning, Clean 214 200 214 193 204 Yard, Sign, Fence etc. Animal Control --320 403 436 It is projected that 2013 Building Services activity will continue to gradually increase across all sectors with an anticipated larger increase in the multi residential sector. By- Law Services activity for 2013 is anticipated to be consistent based on stats from previous years. FINANCIAL IMPACT /FUNDING SOURCE Building Services revenues and construction values increased in 2012 which is in line with the positive economic outlook for the area in spite of the global economic climate. More detailed year-end financial projections will appear in the 2013 quarterly reporting. 3 CAO STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: Development and Communication Services Tracking Sheet Report No.: DCS 13-12 Author: David Samis Meeting Type: OPEN COUNCIL MEETING Council/Committee MARCH 11, 2013 Date: Attachments: NONE RECOMMENDATION RESOLVED THAT Council receive Report DCS 13-12 Development and Communication Services Tracking Sheet be received for information only. EXECUTIVE SUMMARY Included in this report is a tracking sheet developed to record departmental statistics on business related activities. HISTORY /BACKGROUND In late 2012 staff within the Department of Development and Communication Services, as requested by the Development Committee began to develop a tracking sheet on development and economic development activities within the Town. As well during the 2013 Budget process, Council requested a more detailed tracking of departmental statistics for review of Council and the community. Included in this report is a tracking sheet that will be presented to Council during the quarterly reporting to Council. CAO FINANCIAL IMPACT /FUNDING SOURCE None at this time. APPROVALS Author Name/Signature Director Name/Signature Finance Name/Signature David Samis David Samis DATE: DATE: DATE: 3 CAO STAFF REPORT DEVELOPMENT & COMMUNICATION SERVICES Title: Building and By-Law Services 2012 Annual Report Report No.: DCS 13-09 Author: GENO VANHAELEWYN -Chief Building Official Meeting Type: COUNCIL MEETING Council Date: MARCH 11, 2013 Attachments: RECOMMENDATION RESOLVED THAT Council receive Report DCS 13-08; Building and By-Law Services 2012 Annual Report. EXECUTIVE SUMMARY Total Permits Issued Total Construction Value Total Permit Revenue 2012 Building Permit Activity 301 $18,982,457 $223,824.23 2012-Permit Class Comparison Single Other Family Residential Institutional Commercial Dwellings Permits 57 146 11 79 Issued Estimated 8,910,390 1,476,617 235,550 7,855,600 Value Industrial 8 504,300 CAO 2012 -MAJOR CONSTRUCTION PROJECTS • Snap Fitness -Renovation -225 Broadway • Wai-Mart -Renovation -200 Broadway • Moffatt & Powell -Renovation -268 Tillson Ave • Otter Valley Foods -Addition -95 Spruce • Eichenburg Motors -New Construction -164 Simcoe St • Home Hardware -Additions -101 Tillson Ave • Goodwill -Renovation -79 Simcoe St • Stauffer Motors -Addition/Renovation-685 Broadway 2012 -Building & By-Law Activity Output Measures-Quantity 2008 2009 2010 2011 2012 Actual Actual Actual Actual Actual Building Permits Issued 299 284 318 319 301 Building Inspections Completed 1,500 1,298 1,247 1,201 1,173 Parking Tickets Issued 759 943 840 904 753 Temporary Parking Permits ----13 Animal Tags Cats 569 601 788 755 772 Issued Dogs 1 014 1,219 1,637 1 615 1 671 Enforcement -Parking, Noise, 92 102 115 151 107 Complaints and Garbage, Taxi ) Occurrences Property Stds, Zoning, Clean 214 200 214 193 204 Yard, Sign, Fence etc. Animal Control --320 403 436 It is projected that 2013 Building Services activity will continue to gradually increase across all sectors with an anticipated larger increase in the multi residential sector. By- Law Services activity for 2013 is anticipated to be consistent based on stats from previous years. FINANCIAL IMPACT /FUNDING SOURCE Building Services revenues and construction values increased in 2012 which is in line with the positive economic outlook for the area in spite of the global economic climate. More detailed year-end financial projections will appear in the 2013 quarterly reporting. 3 CAO THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3682 A BY-LAW to authorize an Agreement of Purchase and Sale with The County of Oxford pertaining to the Tillsonburg Library building. WHEREAS The Town of Tillsonburg is desirous of entering into an agreement of purchase and sale with the County of Oxford. THEREFORE the Council of the Town of Tillson burg enacts as follows: 1. THAT the purchase and sale agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement of purchase and sale on behalf of the Corporation of the Town of Tillsonburg. READ A FIRST AND SECOND TIME THIS 14th DAY OF JANUARY, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 14TH DAY OF JANUARY, 2013. MAYOR-John Lessif CLERK-Donna Wilson AGREEMENT OF PURCHASE AND SALE BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG, hereinafter called the Seller, -and- COUNlY OF OXFORD hereinafter called the Buyer, AND WHEREAS the Seller owns the subject property and is desirous of selling the subject property; NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreements hereinafter set ou~ hereby agree as follows: 1. BUILDING DESCRIPTION The Buyer hereby offers to purchase from the Seller a building, but not land on which the building is situate, located on the property fronting on 2library Lane in the Town ofTillsonburg, representing the building known as the Tillsonburg Ubrary (the "Building"} as depicted on Schedule "A". For further clarity, the purchase includes all attachments to the building including building components, HVAC equipment and fixtures, but excludes the solar panels installed on the roof of the building. With respect to the solar panels, if after closing the Buyer needs to repair/replace the roof, the Seller agrees to remove the solar panels at the Seller's expense and after the buyer completes the roof repair/replacement, the Seller may reinstall the solar panels at the Seller's expense. There shall be no rent or fee of any kind whatsoever charged by the Buyer for the Seller's use of the roof for the solar panels. At no time shall the Buyer restrict access to the solar panels and/or the electrical equipment I components in the Building to the Seller or its employees, agents and/or contractors provided that the Seller provides notice to the Buyer to obtain access to the Building. At no time shall the Buyer interfere with any electrical connection to the solar panels nor block the line of sight from the sun to the solar panels. Any cost to repair or replace the roof shall be paid solely by the Buyer without contribution of the Seller except caused by the Setter, or its agents, employees or contractors, negligent or intentional actions. 2. PURCHASE PRICE The purchase price shall be $467,000. 3. DEPOSIT No deposit is required to be made. 4. IRREVOCABLE DATE This offer shalt be irrevocable by Buyer until6 PM on the 7th day of March, 2013, after which time, if notac_cepted by the Council of the Corporation of the Town of Tillson burg or the Council ofthe County of Oxford, this Offer shall be null and void. Further, the Buyer acknowledges that negotiation of this offer, including all amendments is conditional upon the approval of the Council of the Corporation of the Town of Tillsonburg and the Council of Oxford County and that the negotiation and/or execution of the terms in this offer by the Interim CAD or his designate in no way binds the Corporation to any of the terms contained therein. 5. CONDITIONAL The transaction of purchase and sale contemplated herein shall be subject to the fulfillment of the following terms and conditions on or before the 15th day of March, 2013. If the conditions are not fulfilled or waived then the Agreement arising from the offer shall be at an end and all parties released from their obligations. This offer is conditional on the approval of the Council of the Corporation of the Town ofTillsonburg and the Council of Oxford County approving this transaction. 6. COMPLETION DATE This agreement shall be completed by no later than 6 PM on the 20th day of March, 2013. Upon completion, vacant possession shall be given to the Buyer unless otherwise provided in this Agreement. Buyer's Initials _____ _ Seller's Initials _____ _ 15. AGREEMENT IN WRITING This Agreement shall constitute the entire Agreement between the Buyer and Seller. 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. BUYER ACKNOWL£DGEMENTS 16. INSPECTION The Buyer acknowledges having inspected the building prior to submitting this offer and understands that upon the Seller accepting this offer there shall be a binding Agreement of Purchase and Sale between the Buyer and the Seller. 17. CONDITION OF THE PROPERTY The Buyer acknowledges and agrees that it is purchasing the Building, building components, HVAC equipment and fixtures in an "as is" condition and located "where is". The Buyer acknowledges that there is no warranty, covenant or representation from the Seller as to the condition of the Building, HVAC equipment, building components and/or fixtures and the Buyer has relied entirely upon its own inspections. 18. l£ASE The Parties agree that they shall enter into a lease on or before closing as set out on the attached Schedule "B". SEUER ACKNOWLEDGEMENTS 19. EXISTING SERVICES The Seller agrees, without payment by the Buyer of additional levies, imposts or charges, to supply to the building all existing municipal services currently in place and serving the building including hydro, water, sanitary sewers. Such municipal services to be available on or before closing. Customary charges will be paid for by the Buyer post close date. DATED at Tillson burg this SIGNED, SEALED AND DEUVERED in the Presence of Buyer's Initials------ ~ day of March, 2013. THE CORPORATION OF THE TOWN OF TILLSON BURG John Lessif MAYOR Donna Wilson CLERK We have authority to bind the Corporation COUNTY OF OXFORD Warden Clerk We have authority to bind the Corporation 3 DATE DATE DATE DATE Seller's Initials------ THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3683 A BY-LAW to authorize a Library Land Lease Agreement with The County of Oxford. WHEREAS The Town of Tillson burg is desirous of entering into a Library Land Lease agreement with the County of Oxford. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Library land lease agreement attached hereto forms part of this by-law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached Library land lease agreement on behalf of the Corporation of the Town of Tillson burg. READ A FIRST AND SECOND TIME THIS 14th DAY OF JANUARY, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 14TH DAY OF JANUARY, 2013. MAYOR-John Lessif CLERK-Donna Wilson WHEREAS LEASE (LAND LEASE FOR LIBRARY) Made this th day of March, 2013. BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter referred to as the "Lessor") -and- County of Oxford (hereinafter referred to as the "Lessee") The Lessor owns land municipally described as 2 Library Lane, Tillsonburg, Ontario (the "Lands") (see attached Schedule "A"). Contained on the Lands is a building (the "Building") which contains the Tillsonburg Library (the "Library"). The Lessor and Lessee entered into a separate agreement (the "Purchase Agreement") whereby the Lessor is to sell the Building to the Lessee but not the Lands on which the Building is situated. As part of the Purchase Agreement the Parties agree that the Lessor is to lease to the Lessee the Lands and the Lessee is to operate the Library in the Building. In consideration of the covenants, agreements, warranties and payments herein set forth and provided for, the Parties hereto respectively covenant and agree as follows: 1. GRANT OF LEASE (1) The Lessor leases the Lands to the Lessee: 2. RENT (a) at the Rent set forth in Section 2; (b) for the Term set forth in Section 3; and (c) subject to the conditions and in accordance with the covenants, obligations and agreements herein. (1) Rent means the amounts payable by the Lessee to the Lessor pursuant to this Section and includes Additional Rent. (2) The Lessee covenants to pay to the Lessor annual rent of $2.00 plus H.S.T. (as applicable) ("Base Rent"). (3) The Lessee further covenants to pay all other sums required by this Lease to be paid by it and agrees that all amounts payable by the Lessee to the Lessor or to any other party (5) The Lessee agrees that pursuant to the Purchase Agreement the Lessee shall provide unrestricted access to the Lands and Building to the Lessor, or its contractors, employees or agents to access the solar panels on the roof of the Building and the electrical equipment I components in the Building upon request by the Lessor for the purposes of maintenance, inspection, removal, replacement and/or repair. The Lessee acknowledgers that at all times the solar panels and all electrical equipment, components, meters and wiring is the exclusive property of the Lessor or its contractors or agents. (6) At no time shall the Lessee interfere with or disrupt the solar panels and/or equipment I components in or on the Building and/or Lands. (7) The Parties agree that Library Lane does not form part of the Lands but the Parties agree that the Lands include the following: 4. ASSIGNMENT (a) the green and vacant areas from the east side of the Building extending to the west edge of sidewalk on the west side of Broadway; (b) the green and vacant areas from the south side of the Building extending to the north edge of the sidewalk known as Library Lane; (c) all walkways, steps, wheelchair ramp and walkway and ramp coverings from the south side of the Building extending to the north edge of the sidewalk known as Library Lane; (d) all walkways, green areas and vacant areas from the west side of the Building extending to the east edge of a sidewalk that connects Washington Grand Avenue to the parking lot to the west of Library Lane; and, (e) all walkways, green areas and vacant areas from the north side of the Building extending to the south edge of the sidewalk on the south side of Washington Grand Avenue. (1) The Lessee shall not assign this Lease or sublet the whole or any part of the Lands unless they first obtain the consent of the Lessor in writing, which consent shall not unreasonably be withheld and provided the sub-lessee and/or assignee signs a written acknowledgement that he/she will be bound by the terms, conditions and rules as provided for in this Lease. The Lessee hereby waives its right to the benefit of any present or future Act of the Legislature of Ontario which would permit the Lessee to assign this Lease or sublet the Lands without the Lessor's consent. (2) The consent of the Lessor to any assignment or subletting shall not operate as a waiver of the necessity for consent to any subsequent assignment or subletting. (3) Any consent given by the Lessor to any assignment or other disposition of the Lessee's interest in this Lease or in the Lands shall not relieve the Lessee from his obligations under this lease, including the obligation to pay Rent, Base Rent and Additional Rent as provided for herein. 5. USE (1) During the Term of this Lease the Building and Lands shall not be used for any purpose other than as the Library without the express written consent of the Lessor given in responsible for the care, repair, maintenance, renovation and status of the Building without contribution from the Lessor. 7. ALTERATIONS AND ADDITIONS (1) If the Lessee, during the Term of this Lease or any renewal of the Lease, desires to make any alterations or additions to the Lands including, but not limited to, walkways, landscaping, sodding and erecting any type of structure the Lessee may do so at its own expense provided that any and all alterations or additions to the Lands made by the Lessee must comply with all applicable building code standards and by-laws of the municipality in which the Lands are located and any federal or provincial statutes, rules or regulations. (2) The Lessee shall be responsible for and pay the cost of any alterations, additions, installations or improvements that any governing authority, municipal, provincial or otherwise, may require to be made in, on or to the Lands. (3) The Lessee agrees, at his own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance and/or lien that may be registered against the Lands in connection with any additions or alterations to the Lands made by the Lessee or in connection with any other activity of the Lessee. (5) Prior to commencement of any renovation the Lessee shall provide to the Lessor evidence of the required liability insurance and satisfactory proof of Workplace Safety and Insurance Board insurance for the general contractor. 8. INSURANCE & INDEMNIFICATION (1) The Lessee covenants to keep the Lessor indemnified and save the Lessor harmless against any and all claims and demands whatsoever for any reason at law, equity, statute, negligence, contract or tort by any person corporation or entity whether in respect of death and/or damage to person or property, arising out of or occasioned by the Lessee's maintenance, renovation, construction, use or occupancy of the Building and Lands or the subletting or assignment of same or any part thereof. The Lessee further covenants to indemnify the Lessor with respect to any encumbrance on or damage to the Lands occasioned by or arising from the act, default, or negligence of the Lessee, its officers, agents, servants, employees, contractors, customers, invitees or licensees. The Lessee agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of the Lease to the contrary. (2) The Lessor covenants to keep the Lessee indemnified and save the Lessee harmless against any and all claims and demands whatsoever for any reason at law, equity, statute, negligence, contract or tort by any person corporation or entity whether in respect of death and/or damage to person or property, arising out of or occasioned by the Lessor's use of the Lands or any part thereof. The Lessor agrees that the foregoing indemnity shall survive the termination of this Lease notwithstanding any provisions of the Lease to the contrary. (3) The Lessee shall carry insurance in its own name insuring against the risk of damage to the Building and Lands caused by fire or other perils. (4) The Lessee shall carry such public liability and property damage insurance including personal injury and property damage coverage with at least five million ($5,000,000.00) condonation of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Lessor to prevent his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or condition of this Lease shall be deemed to have been waived by the Lessor unless the waiver is in writing and signed by the Lessor. 10. RENEWAL AT END OF TERM AND CONSEQUENCE OF TERMINATION OR NON RENEWAL (1) If the Lessee remains in possession of the Lands after termination of this Lease as aforesaid and if the Lessor then accepts rent for the Lands from the Lessee, it is agreed that such over holding by the Lessee and acceptance of Rent by the Lessor shall create a monthly tenancy only but the tenancy shall remain subject to all the terms and conditions of this Lease except those regarding the Term. (2) The Parties agree that it is their mutual intention that at the end of the Term of this Lease then the lease shall be renewed upon such conditions and terms as agreed between the Parties and such decision to renew by the Lessor shall not be unreasonably withheld. The Parties further agree that although it is their mutual intention to renew the lease nevertheless either party may decide not to renew the lease for any reason. The Parties acknowledge that upon such renewal all terms and conditions shall be negotiated between the Parties. If the Parties do not renew this Lease then the Parties agree that the Lessor shall have an option to purchase the Building at fair market value in an amount to be determined by the Parties, with such sale to be concluded within 120 days of the termination of this Lease. The Lessor and Lessee shall enter into good faith negotiations to determine the purchase price and such other terms as required by the Parties. If the Lessor does not purchase the Building then the Lands and Building shall be listed for sale and the proceeds of sale shall be paid to the Parties. The Parties agree that they shall jointly retain a qualified commercial real estate appraiser that will appraise the Lands as if the Lands were vacant and the Building as if the Building was located on lands with zero value. The proportionate value of the two appraisals shall then determine the respective Parties percentage of the net sale proceeds. (3) If the Building is damaged or destroyed, in whole or in part, by fire or other peril, then the rent hereby reserved shall continue to accrue after the day that such damage occurred, or while the process of repair is going on, and the Lessee shall repair the Building with all reasonable speed, and the Lessee's obligation to pay Rent shall continue throughout the repairs; 11. NOTICE (1) Any notice required or permitted to be given by one party to the other pursuant to the terms of this Lease may be given To the Lessor at: Town of Tillsonburg Corporate Office Att: CAO 200 Broadway, Suite 204 Tillsonburg, Ontario N4G 5A7 Fax: 519.842.9431 To the Lessee at the Building or at: County of Oxford 21 Reeve Street Woodstock, ON N4S 7Y3 (6) Should any provision of this Lease require judicial interpretation or arbitration, it is agreed that the court or arbitrator interpreting or construing the same shall not apply a presumption that the terms thereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the same, it be agreed that both parties have participated in the preparation hereof. (7) This Lease and Purchase Agreement constitute the entire agreement between the Parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the Parties in connection with the subject matter hereof, except as specifically set forth herein. No supplement, modification, waiver or termination of this Lease shall be binding unless executed in writing by the Parties. (8) The Lessee agrees that it has not relied upon any representation, promise or warranty of the Lessor with respect to the condition of the Lands and/or Building, or any representation or promise of the Lessor to repair, renovate or otherwise alter the Lands and/or Building in any manner prior to or after commencement of the Term. The Parties agree that the Lands and Building are being offered to the Lessee in an "as is" condition. The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to or after it obtains possession. The Lessee acknowledges that it has performed its own due diligence in establishing the state of repair of the Building and Lands. (9) The Lessee shall not do or suffer any waste or damage, disfiguration or injury to the Lands or services to the Building. No part of the Lands shall be used for any dangerous, noxious or offensive trade or business. The Lessee shall not do anything or permit anything to be brought on the Lands which the Lessor may reasonably deem to be a nuisance. The Lessee shall take every reasonable precaution to protect the Lands and surrounding premises from danger of fire, water damage or the elements. The Lessee shall not allow any ashes, refuse, garbage or other loose objectionable material to accumulate in, or about the Lands and will at all times keep them in a clean and wholesome condition. The Lessee shall not carry on any business or operation or permit anything to be done on the Lands which contravenes any provision of the Environmental Protection Act, its amending or successor legislation, and shall not discharge any pollutant or contaminant into the natural environment, as those terms are defined in the Environmental Protection Act. (10) Unless due to the Lessor, its agents, officers, employees, contractors, invitees and licenses negligent act or omission, the Lessor shall not in any event whatsoever be liable or responsible in any way for any personal injury or death or property damage that may be suffered or sustained by the Lessee or any employees of the Lessee or any other person who may be on the Lands including all patrons and customers of the Library or for any loss or damage or injury to any property belonging to the Lessee or to its employees or to any other person while such property is on the Lands. In particular (but without limiting the generality of the foregoing) the Lessor shall not be liable for any damage to any such property caused by steam, water, rain or snow which may leak into, issue, flow from any part of the Lands or any adjoining premises or areas or from any water, steam, sprinkler or drainage pipes or plumbing works or from any other quarter or for any damage caused by or attributable to the condition or arrangement of any electrical or other wiring or for any damage caused by anything done or omitted to be done by any neighbouring premises. (11) No condoning or waiver by either the Lessor or Lessee of any default or breach by the other at any time or times in respect of any of the agreements, terms, covenants and TilE CORPORATION OF TilE TOWN OF TILlSONBURG BY-LAW NUMBER3714 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSONBURG, THE COUNTY OF OXFORD AND PERFORMANCE COMMUNITIES INC. WHEREAS the Corporation of the Town of Tillsonburg deems it necessary and expedient to enter into an agreement with Performance Communities Inc. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" and forming part of this By-law between the Corporation of the Town of Tillson burg, The County of Oxford and Performance Communities Inc. is hereby approved; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 11th day of March, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 11th day of March, 2013. MAYOR-John Lessif TOWN CLERK -Donna Wilson BY-LAW 3714 SCHEDULE 'A' TOWN OF TILLSONBURG PRE-SERVICING AGREEMENT THIS AGREEMENT made the day ofMarch, 2013. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG Hereinafter called the ''TOWN'' -And- THE COUNTY OF OXFORD Hereinafter called the "County'' -And- PERFORMANCE COMMUNITIES INC. · Hereinafter called the "Owner'' WHEREAS the lands affected by this agreement are the lands set out in Schedule '.'A" (hereinafter called the ''LANDS''), which Schedule "A" is comprised of a written description of the said lands; AND WHEREAS the Owner proposes to preservice said lands by constructing thereon a water system, sanitary sewer system, a stonn sewer system, road allowances, ro8dways, curbs and gutters, an electrical system and street lights and attend to requisite grading; NOW THEREFORE THIS AGREEMENT WITNESSEm THAT in consideration of other good and valuable consideration, the parties hereto covenant and agree, each with the other, as follows: 1. DEFINITIONS A) For purposes of this agreement, the words and phrases defined in the Subdivision Agreement attached hereto marked as Schedule ''B" shall be deemed to fonn part of the within agreement; and B) For purposes of this agieement, PRESERVICES shall be such of the water system, sanitary sewer system, stonn sewer system, road allowances, roadways, curbs and gutters, an electrical system and street lights and requisite grading, as may be determined by the Owner to be constructed pursuant to the provisions of the within agreement. 2. THE TOWN COVENANTS AND AGREES: A) that it will supply such inspectors to make such inspections as may be required to enable the County and/or the Town and/or the Till to accept the preservices herein provided, it being understood that such inspectors are to be supplied at the expense of the Owner; and B) To assume the preservices, but only as long as all other provision of the draft approval of subdivision have been complied with. 3. THE OWNER COVENANTS AND AGREES: A) That the sole purpose of the agreement is to substantially negate the effect of the Owner being required to put the perfonnance security in place insofar as the preservices are concerned and specifically acknowledges and agrees that the applicant shall enter into a Subdivision Agreement with The County of Oxford and the Town of Tillsonburg. It is recognized that until the same is executed and all other provisions thereof complied with prior to issuance of any additional Building Permits relative to the lands .and premises ·--------~-----·--------·--·~-- 3 4. AGREEMENT REGISTERED This Pre-servicing Agreement shall be registered on title against all lands and superseded by the aforementioned Subdivision Agreement. All actual legal fees for the registration. against all lands, to which the Preservicing and Subdivision Agreement applies at the cost. of the Owner. 5. TERM The term of this agreement is for 1 (one) year from the date of signing. IN WITNESS WHEREOF the parties hereto have hereunto affixed their Corporate Seals this ) PERFORMANCE COMMUNITIES INC. ) ) ) . · ) William R Hayhoe, President ) IIWE Have Authority to Bind The Corporation ) ) THE CORPORATION OF THE TOWN OF Tll..LSONBURG ) ) ) __________________ _ ) MAYOR-John Lessif ) ) ) ________________ __ ) CLERK-Donna Wilson ) ) THE COUNTY OF OXFORD ) ) ) __________________ _ ) COUNTY WARDEN-Don McKay ) ) ) ____________________ _ ) COUNTY CLERK-Brenda Tabor ·---··---··- Town ofTillsonburg Subdivision Agreement Page I of19 SCHEDULE ''B" PLAN 32T -06005 Reynolds Way Subdivision TOWN OF Tll..LSONBURG SUBDIVISION AGREEMENT THIS AGREEMENT made the day of ,2013. BETWEEN: PERFORMANCE COMMUNITIES INC. hereinafter called the "Owner'' OF THE FIRST PART -and- THE CORPORATION OF THE TO hereinafter called regist an of Subdivision on lands described W!lShlP of Dereham, designated as Part 1 on shown on a proposed Plan of Subdivision, Communities Inc., prepared by Kim Husted this Agreement; and to be subdivided was approved by the County on , and comprising Part Lot 7, Concession 12 (Dereham) and k A, Registered Plan 1082, in the Town of Tillsonburg, showing · s, 6 blocks for townhouses, 4 blocks for either townhouses or ocks for walkways, 3 blocks for road widenings, 1 reserve block, 2 cks,2 parkland blocks, 1 block to be conveyed to an adjacent property AND WHEREAS prior to the signing of the plan for registration by the County, certain conditions must be fulfilled to the satisfaction of the Town, as se.t out in the draft conditions of approval dated February 22, 2007; AND WHEREAS this Agreement has been made a condition of approval by the County of Oxford and contains all the requirements, financial and otherwise of the Town regarding the construction of roads, installation of services, and drainage facilities, and any other matters pertaining to the development of the subdivision; NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in consideration of the Town and the County approving the said proposed Plan of Subdivision and the covenants hereinafter expressed, the parties hereto covenant and agree one with the other as follows: (c) Town ofTillsonburg Subdivision Agreement Page3 ofl9 approvals required prior to the construction of the said works; (iv) Obtain the approval of the Town and/or the County of the Contractor of the said works; (v) Supervise construction of the said works; (vi) Maintain all records of construction ofthe,said works; (vii) Supply to the Town and/or the County, drawings on linen, mylar or equivalent, as well as in digital format as described in Section 29 to this Agreement, of all the works as constructed by the Contractor; (viii) On completion of construction of the said works, to supply the Town and/or the County with a certificate that the execution of the said works was in accordance with the approved plans and specifications; (ix) (x) (xi) :1 Supervise the construction of any work required by the Town and/or the County. ce with the Residential Design · g, soil conservation and Long Point Region · e plan should detail · as identifYing . Additionally fled in such plan. County that no public services will be installed e Town and/or County has received and · ty and insurance and has expressly authorized All wo and services shall be constructed and installed · d plans and specifications, all to the satisfaction of the er agrees to construct all services and provide other known only after the details of the engineering design are and/or the County. The Town and/or the County may require, in ce from. such plans and Specifications as may be required by ay be disclosed as the work progresses, and by sound engineering 4. SCOPE OF AGREEMENT The Owner agrees to construct and complete at his own expense and in a good workmanlik:e manner, for the Town and the County, all the municipal services as hereinafter !iet forth to the satisfaction of the Town and County, and to complete, perform or make payment for such other matters as may be provided for herein. The Owner, at his option, may request the Town and/or the County to construct the municipal services as hereinafter set forth. Where such option is exercised, the Town and/or the County shall undertake to call tenders and arrange for the construction of the services as provided herein and the Town or the County shall have sole discretion in matters pertaining thereto. The subdivision shall be developed in phases and each phase may be developed stages and each stage of the subdivision will have the necessary services in relation to that stage and in the event that the subdivision is developed in stages the Consulting Engineer shall establish the amount of security for each stage as provided herein to be approved by the Town. ----·----- Town of Tillsonburg Subdivision Agreement Page 5 ofl9 (vi) Tiniing -The Owner agrees that installation will be made within the time limits specified as hereinafter set forth and that upon completion of the works, to supply the Town with sufficient cash or bond to guarantee the works and material for a period of two years from the date that the said works are completed and approved in writing by the Town as provided for in Paragraphs 19 and 21 of this agreement (vii) Ministry of the Environment approval-All plans relating to the installation of water mains, appurtenances and services must be submitted to the Town and County for approval by the Town Director of Operations and the County Director ofPublic Works along with copies of the application to be submitted to the Ministry of the Environment for their approval. Before beginning any of the work, evidence must be filed with the Town that the Ministry ofEnvironment approval has been obtained. (viii) Road Grades-Before actual construction begins, proof must be furnished by the Owner or his agents that the road grades have been approved by the Town Director of Operations and/or the County Director of Public Works where water mains are being installed outside the Town limits, in order that the water mains and appurtenances will be laid to the proper grade. · (ix) Property Stakes-Sufficient property the water main can be established appurtenances are properly located. (x) (xi) cot1Str111ed~consist of the labour, in a good, of the entire been approved by the location of all other cables, Bell Telephone lllstn.bullon systems, farm drainage concerned and must protect and/or of the particular service involved. pavement, driveways, entrances to property, eplaced in good condition as originally found or t property owners. (xiii) terns-Signage, barricades and lanterns must be installed tection of vehicles and pedestrians and all precautions taken to e and inconvenience to others. All signage must be erected and ce with the Manual of Uniform Traffic Control Devices. (xiv) Safety-All work shall be carried out so that it confOI'JDS with the regulations of the Construction Safety Act, the Workers' Compensation Board, and the Occupational Health ana Safety Act, as they pertain to the safe working conditions of the persons on the job. (xv) Support of UndergroUnd Services-Where an underground service is instal.led across another underground service, adequate horizontal and vertical bracing must be installed to properly support the affected services during and after cOnstruction of/all works as required. (xvi) Pavement Cuts and Road Closures -The Contractor shall take full responsibility for pavement cuts which must be approved by the Town or County Director of Public Works and restored to the regulations applicable. The closing of roads due to the installation of sanitary sewers and/or water mains must have the approval of the Town Director of Operations and/or the County Director of Public Works and the Contractor must observe all applicable regulations and Safety Manuals. (xvii) Valve and Hydrant Wrenches-The Contractor must have a proper valve key and Town ofTillsonburg Subdivision Agreement Page? ofl9 Point Region Conservation Authority. The Owner agrees that upon approval of the plans by the Town and the Long Point Region Conservation Authority, all buildings and structures in the plan.of subdivision shall be erected in accordance with the approved plans under the supervision of the Consulting Engineer and these plans shall be registered against each individual lot prior to any acceptance ofthe Town. (c) Oversizing The County may require the OWner to oversize sanitary or water mains to accommodate servicing of lands external to the subdivision lands herein. The Town may require the Owner to oversize storm sewers as per the Town of Tillsonburg Design Criteria By-Law No. 3153 passed on April 25, 2005, and any amendments thereto. Storm sewer oversizing/extension costs to be paid by the developer to the Town in the amount of$27,713.21 (including HST) (d) Roads own on the said Plan of eluding fill or excavation ance. All roads shall be y be allowed by the Town to change the grade of er agrees to grade the own and shall ed by the Town, the Owner is ce gns at all entrances to the subdivision · icin have not yet been assumed by the Town be constructed on all streets within the subdivision in ign Criteria but construction shall take place only at au · ed by the Town in writing. The Town shall approve, in on and final grade of the top of the curbs at the mid-point in front ivision prior to the construction thereof: and the same shall be · sfaction of the Town. The Owner shall provide a record of such heights and to the Town. Prior to acceptance by the Town, maintenance and repairs of all curbs and gutters will be the responsibility of the Owner. (f) Sidewalks and/or Pedestrian Walkways Concrete sidewalks shall be constructed in compliance to the Residential Design Criteria on at least one side of those streets shown within the subdivision and on both sides of collector and arterial streets as specified by the Town. Sidewalks, where required in the subdivision, shall be constructed according to Schedule "D" attached hereto. Sidewalk ramps will be constructed at intersections or where required to the satisfaction of the Town. Prior to acceptance by the Town maintenance and repairs of all sidewalks will be the responsibility of the Owner. (g) Street Lighting The Owner shall agree to install streetlights on each street as shown on the plan to the satisfaction of Tillsonburg Hydro Inc. Town ofTillsonburg Subdivision Agreement Page9 of19 (d) b.asDegtected or refused to renew or again perform such work as may be rejected by1he Town Director of Operations as defective or unsui1able; or (e) has defaulted performance of1he terms of1his agreement, then, in any such case, 1he Town Director of Operations shall promptly notify the Owner and his surety, in writing, ofstrll defuultorneglectand.ifsuchnotificationbewithouteffectwithinsevmdaysaftersuchootice, the Town Director of Operations sball1hereupon have full authority and power to purchase materials and employ workmen and machines fur proper completion of1he said WOik at the cost and expense of the Owner or his smety or bolh. In ra;e of an etnelgtlJlcy, in the opinion of the Town Director of Operations, sooh work may be done without notice. The cost of such wOik shall be calculated by the Town Director of Operations whose decision shall be final The cost of 1his wmk, together wi1h an Engineering fee of 5% of 1he cost of materials and work sball forthwith be paid to 1he Town by the Owmr on demand Should payment not bereceivedfollowingtheissuanceofaninvoicefiomtheTown,1heTownmaydrawupon1hesecurity which has been provided by 1he Owner. his :fiirtlumxJemoodandagreed between 1he~ Indo that agent for the Owner and shall not be deemed for any 1JlXD1helaid;shall be as an ce of purpose whatsoever as the said services by the Town. 11. ASSUMPTION OF SERVICES BY COUNTY .,,, ' Once the sanital:ysewers and water distribution system. have beeninstalled to1hesatisfuctionof1he Town and 1he County, the sanitary sewertnmks and water distribution system will beassumedandoperated by the County and/or the designatOO service provider. v 12. LANDSCAPING-CO (a) S & SURVEY MARKERS phase by phase basis and will approval and registration. the said lands as determined by reference to a e bench mark acceptable to the Town; ads as approved by the Town Director of Operations; ignated for drainage works and locations of easements as may be unicipal services. · (b) Barriers along onservation Authority Lands-The Owner agrees that a snow fence or other barrier suitable to the Town shall be erected by the Owner along any setback line established by the Long Point Region Conservation Authority prior to the commencement of grading, construction and shall remain until all grading and construction and resodding have been completed. (c) Soil Disturbance -The Owner agrees that no construction or soil disturbance shall take place below any setback line established by the Long Point Region Conservation Authority without a geotechnical study prepared by the Owner for the review and approval of the Long Point Region Conservation Authority. (d) Removal of Trees -The Owner agrees trees, other than those which are diseased or dead, shall not be removed other than in an area to be occupied by a dwelling, driveway or landscape structure without the approval of the Town and shall be undertaken in accordance with the County of Oxford Tree Cutting By-Law and Town ofTillsonburg Tree Policy. (e) Soil, Seed and Sod -The Owner agrees to grade, provide top soil and seed or sod the portion of the street allowances lying between the front property line oflots and the curb the County. Town ofTillsonburg Subdivision Agreement Page 11 ofl9 The Owner shall, at its own expense, obtain and lodge with the Cmmty and Town a Certificate oflnsurance satisfuctory to the County and Town indemnifYing the Town, Tillsonbmg Hydro Inc., the County and the Owner with rom liability enlorsemttrtagainst any claim for public liability, personal ir!jmy, including dealh or property damage to limits of$5,000,000.00, inclusive, for any one accident arising in any way out of the construction, installation, repair or~ of all works and services required herein to be done. The Owner shall provide the County and Town withsatisfuctoty evidence of the renewal of the said policy at least fifteen (15) days prior to its expity. The said policy shall not be subject to cancellation witmut1hirty(30) days piorto its expily. The said policy shaD. not be subject to caor.ellillion without thirty (30) days prior written notioo to the Town. The Ownel sba1l, at its own expense, maintain the said policy of insmance in full force and effect until the expiration of the period of guarantee. Failuretoprocureandmaimain the said policy of insurance sballcomtitute adefiruhunder this Agreement The Owner covenants that it will iiKkmnifYand savehannless the Town, TillsonburgHydro Inc. and Countyfio:tnany and all claims, demands, actions and causes of action, whether the same sball be successful or unsuccessful and from all costs to which the Town, Til1sonbmg Hydro Inc. and Countymaybeliable,sulferorbeputtoinrespectofanySIEb.actiao,causeofaction,claimordemand onanywayarisingoutoforallegedtoariseoutoflinywmk,service,operationortbingconslruCted, installed, repaired, maintained or done or admitted to be done or negligently done by the Owner, his servants, agents, contractors or subcontractors under them, in respect of the said works and services, whether or not the same sba1l be required to be done under the 1enns of1hisAgreementandincluding ("Wilbout limiting the generality of the ftregoing), the alteration of any grade or existing level oonstruction, maintenance or • of any street 17. PERFORMANCE GU As security for prior to the co Owner shall for the perf10nrum".!IJI p (a) uired by this Agreement and development provided therein, the more cularly set out in Schedule "B" hereto, rks required by this Agreement as each stage st of all works in that particular stage and terial in lieu of all other guarantees and or a period nsistent with the Residential Design Criteria from ed in writing by the Town's Director of Operations, and of the following combination therefore as is acceptable (b) An irrevocab of Credit in a form acceptable to the Town from a chartered bank expressing to be pursuant to this Agreement and payable to the Town at any time or in part from time to time, upon written notice from the Town that the Owner is in default under this Agreement; (c) A Certificate of Trust deposited with a chartered bank or trust company in a form acceptable to the Town expressed to be pursuant to this Agreement and providing for payment to the Town of the sum deposited or any part thereof from time to time upon written notice from the Town that the Owner is in default under this Agreement; 18. MAJNTENANCE DEPOSIT TheOwnershallJX'(>Videatwoyearmaintmancedepositinanamountwhichisequalto 100/oofthe total con1ract price including all materials and labour and shall guarantee the materials installed and the proper installation of all services. The maintenance deposit shall be in the foon of cash or letter of credit - The Town shall only release this maintenance deposit once the Town is satisfied that all services and materials have been properly installed and functioning in a capacity that is Town ofTillsonburg Subdivision Agreement Page 13 of19 25. ISSUANCE OF BUILDING PERMITS 26. Building permit applications will be considered subject to the following conditions for lots identified on Schedule "A": (a) road allowance bas been graded, including fill or excavation, to its full width; (b) cmbs and gutters have been installed; (c) base lift of asphalt bas been laid; (d) underground water, sanitary and storm sewer systems and hydro services have been installed, CCIV Video for storm & sanitary sewer submitted to the Town for review and acceptance; (e) development charges for the lot, which a pennit is being applied for, have been paid in accordance with the requirements of both the Town and the County. (f) the Engineer of Record having certified to the Town the above work having been completed as per the approved plans and the Town having inspected and verified that the work has been constructed as per the approved drawings; (g) a certificate ftom an Ontario Land Surveyor certifying the replacement of all survey bars having been filed with the Tow:O. A b.Jilding}X'Uilitwill beallmw.dfurt\W (2) mxld.hmes ~ect1o hlilding dqmttnenta_wroval mxl if services aremtyetavailable a sxurily dqxlsitwill be require;~. Building}X'UilitawJirafirmwillmt be CCll.'lideredb &Ubseqlm~pD-1othe ll}liUVIll of the respective Phase in accordarr.e with Section 4. This provision may be varied upon the SRWUval of the Town's Directnr of Operations. The owner undertakes as b) The ~=!ooer Lots 21 incl:mli'ife shall be revii8tic~ of the phase in "th evidence that satisfactory WI Canada Post Corporation for the by Canada Post Corporation and sidewalk and/or curb installation. The notice to prospective purchasers of the mail delivery will be provided via CMB, and equipment installation of the CMB. at his sole eost, along the lost boundaries between 53, 54, 55,56 and 57; the height and design of which by the Town ofTillsonburg, at the time of development lots and block are located. c) That prior to the of the final plan by the County, all lots/blocks shall conform to the zoning requirements of the Town ofTillsonburg Zoning By-Law. Certification oflot areas, lot frontages, and lot depths shall be obtained from an Ontario Land Surveyor retained by the developer. d) The owner shall register .a warning covenant on title for all lots immediately abutting Quarter Town Line, namely, Lots 20-15. The covenant shall advise noise levels on Quarter Town Line may exceed MOE guidelines; however the use of forced air/air conditioning systems will require that windows remain closed, thereby ensuring interior sound levels are within the MOE's guidelines. The form and content of the covenant shall be to the satisfaction of the Town ofTillsonburg. e) The owner shall submit a tree saving plan to be reviewed and approved by the Town of Tillsonburg. The plan shall detail methods of retaining trees within the subject property, having regard for the findings and conclusions of the Woodland and Hedgerows Environmental Evaluation prepared by North-South Environmental Inc., submitted June 5, 2006, and provide measures to ensure the woodlot being conveyed to the Town as parkland is conveyed in an acceptable state. 30. AGREEMENT BINDING Town ofTillsonburg Subdivision Agreement Page 15 ofl9 This Agreement and everything herein contained shall be to the benefit of and be binding upon the parties hereto, their successors and assigns. 3L NOTIFICATIONS AND CHANGE OFOWNERSIDP If any notice is required to be given by the Town or the County to the Owner with respect to this agreement, such notice shall be mailed or delivered to: Performance Communities Inc. 1 Barrie Blvd. St. Thomas, ON NSP 4B9 or such address as the Owner has notified the Town Clerkin writing, andany such notice mailed or delivered is deemed good and sufficient notice under 1he tenns of this Agreement. Sbould the Owner sell all or a por1ion of this subdivision, all terms and conditions agreed to in this Agreement are to be transferred to the new owner(s). The Town and County will require the new owner to accept, in writing, the terms and conditions outlined in this Agreement, If this acceptance of the terms and conditions of the Agreement from the new owner(s) is not received by the date of sale orttansfer, the terms and conditions agreed to in this Agreement shall remain the responst'bility of the previous owners. 32. REVISIONS TO THIS AGREEMENT ."l\\'""1'" " ~ Upon written notification to all parties, the Town, the County and/or the Owner have the right to request revisions tO this Agreement provided that the Agreement has been in effect for a minimum of five years. 33. AGREEMENTREGJSfERED -~ "~ fT This Agreement shall be registered against all lands to which it applies at the cost of the Owner. unto affixed their Corporate Seals this _ ) )W~ilh---~.-~--------- ) I have ) ) THE CORPORATION OF THE TOWN OF TILLSONBURG ) ) )------------------~-) MAYOR-John Lessif ) ) )~~~~~~~~----)TOWN CLERK-Donna Wilson ) ) THE CORPORATION OF THE COUNTY OF OXFORD ) ) ) ____________________ _ ) COUNTY WARDEN-Don McKay ) ) ) ____________________ _ ) COUNTY CLERK-Brenda Tabor Town ofTillsonburg Subdivision Agreement Page 18 ofl9 SCHEDULE "C" PLAN 32T -06005 Reynolds Way Subdivision SECURITY, CASH and DEVELOPMENT CHARGE PAYMENTS INTERNAL AND EXTERNAL COSTS Cash Deposit upon Execution of Subdivision Agreement to Town of Tillsonburg A) Construction Cost Estimate Less work already completed Balance Construction Cost Estimate B) Storm Sewer Oversizing!Extension from Quarter Line Rd to Property limits Security Prior to Construction and R • Letter of Credit Requirement STM SWR Oversizing/Extensi Quarter Line Rd to Property limits ( $801,963.00 NIL $801,963.00 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 3715 A BY-LAW TO AUTHORIZE AN AGREEMENT BETWEEN THE CORPORATION OF THE TOWN OF TILLSON BURG AND DANA VANDYK AND JESSICA VANDYK OPERATING AS SKYWAY CAFE. WHEREAS the Corporation of the Town of Tillson burg deems it necessary and expedient to enter into an agreement with Dana VanDyk and Jessica VanDyk. THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT the Agreement attached hereto as Schedule "A" and forming part of this By-law between the Corporation of the Town of Tillson burg and Dana VanDyk and Jessica VanDyk, operating as SkyWay Cafe, is hereby approved; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "A" on behalf of the Corporation of the Town of Tillsonburg. This By-Law shall come into force and take effect immediately after the final passing hereof. READ A FIRST AND SECOND TIME THIS 11th day of March, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 25th day of March, 2013. MAYOR -John Lessif TOWN CLERK -Donna Wilson THIS AGREEMENT made in quadruplicate this 8th day of March, 2013. BETWEEN: THE CORPORATION OF THE TOWN OF TILLSONBURG, hereinafter called the Lessor, of the First Part, -and- Dana VanDyk and Jessica VanDyk operating as SkyWay Cafe, hereinafter called the Lessee, of the Second Part, AND WHEREAS the Lessor owns the Tillson burg Regional Airport, including the Air Terminal Building, AND WHEREAS the Lessor is desirous of renting the kitchen facilities and adjacent sitting area in the air terminal building to a qualified operator to provide food services to the users ofthe Tillsonburg Regional Airport; NOW THEREFORE THE PARTIES, in consideration of the mutual covenants and agreements hereinafter set out, hereby agree as follows: 1. DEFINITIONS a. "Cafe Premises" shall mean the Tillson burg Regional Airport Kitchen and seating area to which this Agreement applies. b. "Facility" shall mean the Air Terminal Building in its entirety. c. "Food Services" shall mean all food and food related products and non-alcoholic beverages required to provide the cafe service within the Cafe Premises. 2. RIGHT TO SELL FOOD AT CAFE PREMISES The Lessor grants to the Lessee exclusive rights to sell food and non-alcoholic beverages within the Cafe as outlined in this Agreement. Items to be sold shall be limited to food products. Notwithstanding above, the Lessor reserves the right to provide their own catering for private events from time to time. 3. LEASE TERM The Lease Term is effective beginning April1, 2013 and ending March 31, 2016, unless terminated under the provisions of Paragraphs 29 or 30, as applicable. The Lease Term can be extended for an additional one (1) year, subject to approval by the Lessor in their sole and absolute discretion, upon receipt by the Lessor of written notice thirty (30) days prior to March 31, 2016. If accepted by the Lessor within forty-five days, the same rates and terms shall apply except that the contract shall be amended to extend the termination date. 1 It would be up to the Cafe operator to determine if she/he wishes to remain open for longer hours and/or days. The Cafe operator shall work closely with the Airport Administrator on promotion, marketing and all aspects of Cafe operations. Hours of operation of the Cafe are to be posted in locations deemed appropriate by the Airport Administrator. 9. FACILITIES INVENTORY The lease agreement for the kitchen includes the items listed in Schedule A attached to this agreement. Prior to the beginning of the contract or first date of operations, the Lessor and the Lessee shall perform a joint facilities inventory to determine: • The operating condition of all capital equipment; and, • The condition ofthe premises including all surfaces; Photos to be attached. In no event shall either party remove, without the written permission of the authorized representative(s) of either party, any capital or major equipment or facilities. It is the responsibility of the Lessee to notify the Lessor immediately if any of the equipment becomes non-functioning or a safety hazard. 10. MAINTENANCE & CARE OF KITCHEN EQUIPMENT The cost of normal maintenance and care of kitchen equipment will be the responsibility of the landlord unless due to negligence on the part of the Lessee. The Lessee agrees to pay for the range hood inspection under National Fire Protection Association (NFPA) regulations if required. 11. HOUSEKEEPING The lessee will be responsible for the normal housekeeping (cleaning and sanitizing) of those areas affected by the operation of the cafe/restaurant; including the kitchen, dining area, any areas rented for banquets, and all walls associated with each. Restaurant cleanliness shall meet Oxford County Public Health Unit standards. Due diligence is the responsibility of the lessee. 12. WASTE REMOVAL The lessee will be responsible for the coordination and costs associated with waste removal including tipping fees, cooking oil removal, recycling, etc. 3 19. WORKPLACE SAFETY AND INSURANCE BOARD (WSIB) The Lessee shall be required to supply a Certificate from the Workplace Safety and Insurance Board prior to the start of the contract and upon fourteen (14) days notice, if requested in writing, during the life of the contract. The Certificate shall indicate that all of the assessments the Contractor or any Subcontractor is liable to pay under the Worker's Safety Insurance Board Act or successor legislation have been paid and that they are in good standing with the Board. 20. W.H.M.I.S. REQUIREMENTS The Lessee must supply a supplier label and appropriate Material Safety Data Sheet under the W.H.M.I.S. legislation and Hazardous Material Protection Act for all controlled products to be used in conjunction with the lease and operation of the concession. Any controlled goods supplied without appropriate data sheet and proper labeling will not be allowed on site and will be immediately removed by the Lessee from the premises. 21. INSURANCE The Lessee will maintain and pay for Commercial General Liability Insurance, which coverage shall include premises and all operations to be performed by the Lessee, his/her employees, and/or agents. This insurance coverage shall be subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof for any one occurrence. The policy shall include The Corporation of the Town of Tillson burg as an additional insured in respect of all operations performed by or on behalf of the Lessee. The Lessee shall be entirely responsible for the cost of any deductible. The Insurance Policy shall not be altered, cancelled or allowed to expire or lapse, without thirty (30} days prior written notice to the Lessor. 22. LOSS OR DAMAGES It is the Lessee's responsibility to maintain appropriate controls over the storage and safekeeping of property belonging to the Lessee and/or their staff; including, but not limited to, all inventory and monies maintained on the premises. The Lessor will not be liable for any loss or damage to the Lessee's property stored on the premises, for any reason. The Lessee shall also indemnify and save harmless the Lessor from and against all claims, demands, loss, cost, damages, actions, suits or other proceedings by whomsoever made, brought or prosecuted by, or attributed to any such damages, injury or infringement as a result of activities under this Contract. 5 29. TERMINATION OF THE CONTRACT FOR CAUSE In the event of any material default in this agreement by the Lessee that is within the reasonable control of the Lessee, the Lessor shall have the right to provide written notice of such default and demand that the deficiency of program be rectified within five (5) working days or such longer period as may be agreed upon by the Lessor. If the said default is not rectified or steps are not take to rectify the situation according to the agreed upon plan, the Lessor shall be entitled to issue a written notice of termination for cause with no less than thirty (30) days notice and all commissions outstanding shall be payable to the Lessor within thirty (30) days from termination. The Lessor may immediately terminate the Agreement if the County of Oxford Board of Health notifies the Lessor that: • The bacterial content of the food fails to meet public health standards; or, • The method for preparing, packaging, storing or shipping food is deemed unsatisfactory in meeting public health standards; or, • Any other condition exists that, in the opinion ofthe County of Oxford Board of Health, results in food being deemed unfit for human consumption. If the Agreement is terminated immediately, all outstanding monies shall be payable to the Lessor within ten (10) business days following termination. 30. TERMINATION FOR CONVENIENCE This agreement can be terminated by either party after twelve (12) months by giving notice, in writing, sixty (60) days prior to the termination date or the expiration of the lease term. If this clause is invoked, all outstanding monies shall be payable within thirty (30) days of termination. 31. INTERPRETATION The terms and provisions of the Agreement shall be in accordance with the laws of the Province of Ontario. 32. FORCE MAJEURE Neither party shall be held liable for non-performance or damages if caused by events of Force Majeure, which, without limiting the generality thereof, includes fires, floods, unusually severe weather or Acts of God, and are beyond the reasonable control of a party, provided same shall not apply to delay or excuse any financial obligation. 7 APPENDIX A-CAFE INVENTORY 1 KEURIG COFFEE MAKER 1 BLACK AND DECKER TOASTER 1 WHIRLPOOL GOLD FRIDGE W/BOTIOM FREEZER 1 PEPSI FRIDGE 1 DOUBLE BASKET GLOBE DEEP FRYER 1 MOYER DIEBEL DISHWASHER 1 GARLAND OVEN/GRILL DOUBLE BURNER 1 PANASONIC S/S MICROWAVE 1 WESTBEND 32 CUP COFFEE PERCOLATOR 1 BETTY CROCKER WATER KETILE 1 SUNBEAM 10 CUP COFFEE MAKER 1 BLACK AND DECKER TOASTER OVEN 1 S/S PAPER TOWEL HOLDER 2 S/S MIXING BOWLS 1 S/S STRAINER 1 PLASTIC MEASURING CUP 1 BRA VETil PRO CROCKPOT 2 SERVING TRAYS 1 GREY DISH TOTE 1 EYE WASH STATION 2 PLASTIC FOOD CONTAINERS 1 BLACK AND DECKER GRIDDLE 24 WHITE DINNER PLATES 24 WHITE COFFEE MUGS 9 11 13 THE CORPORATION OF THE TOWN OF TILLSON BURG BY-LAW NUMBER 3713 BEING A BY-LAW to confirm the proceedings of Council at its meetings held on the 11th day of March, 2013. WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipal corporation shall be exercised by its council; AND WHEREAS Section 5 {3) of the Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Council of the Town of Tillson burg at this meeting be confirmed and adopted by by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF TILLSON BURG ENACTS AS FOLLOWS: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its special meeting and regular meeting held on March 11, 2013, with respect to every report, motion, by-law, or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this or a separate by-law. 2. The Mayor and Deputy Clerk are authorized and directed to do all the things necessary to give effect to the action of the Council of The Corporation of the Town of Tillsonburg referred to in the preceding section. 3. The Mayor and the Deputy Clerk are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of The Corporation of the Town of Tillsonburg. 4. This by-law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 11th DAY OF MARCH, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 11th DAY OF MARCH,2013. MAYOR -John Lessif DEPUTY CLERK-Amber Zimmer THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 3711 A BY-LAW, to establish and appoint members to the Property Standards Committee by The Corporation of The Town of Tillsonburg. WHEREAS the Property Standards Committee is established in accordance with Section 15.6(1) of the Building Code Act, S.O. 1992, c.23; AND WHEREAS The Town of Tillsonburg is desirous of establishing and appointing members to the Property Standards Committee in accordance with Section 7 of By-Law 3638, for Prescribing Standards for the Maintenance and Occupancy of Property within the Town of Tillsonburg. NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Town of Tillson burg enacts as follows: 1. THAT the Property Standards Committee is hereby established; 2. THAT the following persons named herein shall form the Town of Tillsonburg Property Standards Committee: Len Walker Frank Jackson John Clifford 1 year 2 years 3 years 3. THAT all members appointed hereby shall hold office at the pleasure of Council, and the provisions of The Municipal Conflict of Interest Act, RSO. 1990, shall apply; 4. THAT this committee shall adhere to the policies contained in the Town of Tillsonburg Policy for Boards and Committees established by By-Law 3702; 6. THAT this by-law comes into full force and effect upon the day of passing. READ A FIRST AND SECOND TIME THIS 28TH DAY OF February, 2013. READ A THIRD AND FINAL TIME AND PASSED THIS 11 1h DAY OF March, 2013. MAYOR -John Less if DEPUTY CLERK-Amber Zimmer COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: March 11, 2013 RESOLUTION NO.: 1 MOVED BY: RESOLVE THAT the Agenda as prepared for the Council Meeting of March 11, 2013, be adopted. D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: __ _ Date: March 11, 2013 RESOLUTION NO.: 2 MOVED BY: RESOLVE THAT the Minutes ofttie Council Meetings of February 20, 2013 and February 28, 2013 be approved, ~arried D Defeated D Deferred D Tabled D Recorded Vote ~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _____;3:::....___ Date: March 11, 2013 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council approve-in-principle the zone change application submitted by Michael and Debra Ash, whereby lands consisting of Part of Lots 372 & 373, Plan 500, located on the east side of Maple Lane, in the Town ofTillsonburg are to be rezoned to R2 and R3-Special to provide increased residential density and ensure the severed and retained parcels of applications B13-05-7 & B13-06-7 have a single zoning; FURTHER RESOLVE THAT Council advise the Oxford County Land Division Committee that the Town supports the proposal to sever the subject property, subject to the conditions as set out in Community & Strategic Planning Office (CASPO) Report No. 2013-38. J carried D Defeated D Deferred D Tabled D Recorded Vote ~Mayor's Initials ) COUNCIL RESOLUTION AGENDA ITEM NO.: _6=---Date: March 11, 2013 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive report CAO 13-04 Library Building Agreement of Purchase and Sale and Land Lease Report; FURTHER RESOLVE THAT By-Law 3682, to authorize an agreement of purchase and sale of the County of Oxford and By-Law 3683, to authorize a Library Land Lease Agreement with the Count of Oxford be brought forward for Council consideration. D Recorded Vote D Defeated D Deferred D Tabled ---4t=:Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _7'-----Date: March 11, 2013 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive Report CAO 13-05, Oxford Cycling Advisory Committee; f U E RES E THAT be a (!Jprese t 1ve on xford Cycling Advisory Comm1 ee. r ~c') uJr:::~J.---7) flJA-F?" ~o,_ .A ~VL~Jtcr:/}wb t;J ~~arried D Recorded Vote D Defeated ~erred D Tabled -WMayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: _8::::___ Date: March 11, 2013 RESOLUTION NO.: MOVED BY: RESOLVE THAT the 2013 Business Plans and Budget presentation be received as information; FURTHER RESOLVE THAT the 2013 Business Plans and Budget in the amount of $12,391,879 be adopted with such funds to be raised from taxation; AND FURTHER RESOLVE THAT the Tax by-law be brought forward to a subsequent Council meeting for adoption. cil Carried D Recorded Vote D Defeated D Deferred D Tabled Ql /Mayor's Initials , COUNCIL RESOLUTION AGENDA ITEM NO.: _8::::..__ Date: March 11, 2013 RESOLUTION NO.: 6 MOVED BY: SECONDEDBY: ----------------------- NAME VOTE IN VOTE FAVOUR AGAINST Dave Beres X Mel Getty X Marty Klein X Mark Renaud X Chris Rosehart X Brian Stephenson X Mayor Lessif X The recorded vote reflects the vote is seven in favour of the Motion and none against the Motion. The motion is "Carried" D D Carried Recorded Vote D Defeated D Deferred D Tabled ___ Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: -----'9::..__ Date: March 11, 2013 RESOLUTION NO.: 7 MOVED BY: RESOLVE THAT Council receive Report DCS 13-14 Airport Kitchen Lease; FURTHER RESOLVE THAT the Mayor and Clerk be authorized to enter into a lease agreement with Dana VanDyk and Jessica VanDyk (operating as SkyWay Cafe) for the lease of the kitchen and adjacent seating area in the Air Terminal Building for a period of April 6, 2013 to March 31, 2016, subject to the terms and conditions contained in this report; AND FURTHER RESOLVE THAT the purchase of any additional equipment required for the successful operation of the kitchen be brought forward to Council for their consideration at that time; and, AND FURTHER RESOLVE THAT a bylaw be brought forward in this regard. ~rried D Recorded Vote D Defeated D Deferred D Tabled V Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 10 / ~-----· ::~::::BY: _CW:____:;:::...._ __ (_' -_:_/_· ----- RESOLUTION NO.: 8 Date: March 11, 2013 RESOLVE THAT Council receive Report DCS 13-13 Animal Control Contractor Request for Proposal as information. D Carried Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 11 Date: March 11, 2013 RESOLUTION NO.: MOVED BY: SECONDED BY: RESOLVE THAT Council receive Report DCS 13-09, Building and By-Law Services 2012 Annual Report as information. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 12 Date: March 11, 2013 RESOLUTION NO.: MOVED BY: RESOLVE THAT Council receive Report DCS 13-12 Development and Communication Services Tracking Sheet as information. ~arried D Recorded Vote D Defeated D Deferred D Tabled ~ayor's Initials COUNCIL RESOLUTION AGENDA ITEM NO.: 13 Date: March 11, 2013 RESOLUTION NO.: 11 MOVEDBY: ~* SECONDED BY: RESOLVE THAT Council receive Report DCS 13-09; Building and By-Law Services 2012 Annual Report as information. ~Carried D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials COUNCIL RESOLUTION Date: March 11, 2013 RESOLUTION NO.: MOVED BY: RESOLVE THAT By-Law 3682, To Authorize the Sale ofthe Library Building By-Law 3683, To Authorize a Land Lease to the County of Oxford By-Law 3714, To Authorize a Pre-Servicing Agreement with Performance Communities Inc. (Hayhoe Homes) By-Law 3715, To Authorize an Agreement with Dana VanDyk and Jessica VanDyk to rent the kitchen facilities at the Tillsonburg Regional Airport. By-Law 3713, To Confirm the Proceedings of the Council Meeting of March 11, 2013 be read for a first and second time and this constitutes the first and second reading thereof. ~ed D Recorded Vote D Defeated D Deferred D Tabled COUNCIL RESOLUTION AGENDA ITEM NO.: --=1:....:..4_ Date: _:...:.M.:..:::a:.:...:rc:::..:.h.:....:1::..:1~, ..:::.2~0.:::.;13:::.____ RESOLUTION NO ~ MovED BY: '· Wttvw SECONDED BY: w: - RESOLVE THAT By-Law 3682, To Authorize the Sale of the Library Building, By-Law 3683, To Authorize a Land Lease to the County of Oxford, By-Law 3711, To Establish and Appoint Members to the Property Standards Committee By-Law 3714, To Authorize a Pre-Servicing Agreement with Performance Communities Inc. (Hayhoe Homes) By-Law 3713, To Confirm the Proceedings of the Council Meeting of March 11, 2013, be given third and final reading and the Mayor and Deputy Clerk be and are hereby authorized to sign the same, and place the Corporate Seal thereunto. D Recorded Vote D Defeated D Deferred D Tabled ~Mayor's Initials TOWN OF TILLSON BURG Public Meeting for the Council Meeting of March 11, 2013 Record of Attendance NAME ADDRESS PHONE E-MAIL (Please Print) (Including Postal Code) -~i----------------~----------------------+---------~--------------~ Page 1 Notice of Collection Correspondence intended for Committee and/or Council is generally received as public information, subject to the Municipal Freedom of Information and Protection of Privacy Act and will be part of the public record. Stompin' Tom Connors Notes • Stompin Tom Connors passed away last week at the age of 77 • He was a Canadian icon recording 61 albums, 260 songs • But it was his 1971 album "My Stompin' Grounds" that endeared him to the hearts of people in Tillson burg-and for many, put Tillson burg on the map • He released the song "Tillsonburg"-an ode to harvest and our tobacco growing past • The song rose to #12 on the Canadian Country Music Chart • Tom came to Tillson burg to sign autographs and sing at the Strand Theatre shortly after it was released • He went on to be win numerous awards and honours including: o the Order of Canada o the Governor General's Performing Arts Award o the Queen's Gold and Diamond Jubilee Medals o 6Junos o His own postage stamp • Stompin' Tom played in Tillsonburg three times-always playing "Tillson burg" to crowds of appreciative fans • In 1990, he accepted a plaque from the Tillson burg Chamber of Commerce honouring him for the music tribute he wrote to Tillson burg • The song was played annually at Tillsonburg Blue Jay Days-as well as all kinds of other events involving Tillson burg residents • Indeed, it was one of his most popular, endearing hits • On Wednesday, flags at Town ofTillsonburg facilities were lowered to half mast in honour of Tom's passing • And now, tonight, the Town ofTillsonburg would like to take a few moments to formally recognize Stompin Tom's contributions to our community. I'd like to ask Randy Owen, award-winning on-air host of the midday show on Country107.3 to come up now and share a few thoughts on the significance of Stompin' Tom to our community . ~;· <Randy speaks> "No better way to remember Stompin Tom than by playing Tillson burg-one more time ... " Tribute Slideshow Minister Responsible for Seniors 61h Floor, Frost South 7 Queen's Park Crescent Toronto (Ontario) M7A 1Y7 Tel: (416) 325·2338 Fax: (416) 327·4493 February 8, 2013 Min Istre d~h~guee aux Affalres des personnes agees s• Etage, Frost Sud 7 Queen's Park Crescent Toronto (Ontario) M7A 1Y7 Tel: (416) 325-2338 Telec: (416) 327-4493 Dear Mayor, Reeve and Members of Council: Ontario It is with great pleasure that I invite you to participate in the 2013 Senior of the Year Award. This annual award was established in 1994 to give each municipality in Ontario the opportunity to honour one outstanding local senior. The Government of Ontario is proud of this important initiative. You may wish to consider involving local MPPs in your selection process or presentation ceremony. Recipients are individuals who, after age 65, have enriched the social, cultural or civic life of the community without thought of personal or financial gain. A certificate, provided by the Ontario government, is signed by the Honourable David C. Onley, Lieutenant Governor, myself as Minister Responsible for Seniors, and the local Head of Council. Council may also wish to host a presentation ceremony honouring the Senior of the Year Award recipient in June, when we pay tribute to seniors across Ontario. This year will mark the 29th anniversary of Seniors' Month which recognizes the contributions seniors make to family, community, province and country. The Ontario Senior of the Year Award nomination forms are available on the Ministry of Citizenship and Immigration's website at www.ontario.ca/honoursandawards once on this site, click on the Ontario Senior of the Year Award program. You can submit your nomination online by choosing the "Electronic Nomination" option. You can download the form and fax it to 416 314-6050. Nominations must be received directly from your office by April 30, 2013. For additional information, please contact the Ontario Honours and Awards Secretariat by phone, at 416-314-7526, toll-free at 1-877-832-8622, or TTY 416-327-2391. Ontario's seniors deserve special recognition for their outstanding accomplishments. By working together, we can ensure they are honoured in a meaningful way. Sincerely, ~*'t Linda Jeffrey Minister Subject: Thank You for your support of Erie Innovation and Commercialization Hi John, I want to officially thank you and the Town of Tillsonburg Council for supporting the efforts of Erie Innovation and Commercialization. I was very pleased at the resolution you brought forward to council, and very appreciative of the comments that you said in the meeting. I thank you for that. I believe that there is a real need for leadership and determination in the innovation space, as well as support for those entrepreneurs who are starting out. It takes vision to understand the impact of the long term impacts, and your support will help us to meet and exceed the expectations for our organization. As I indicated in the presentation to council, it is our desire to have IMPACT on those that we work with, and to make a difference in the innovation spectrum within southwestern Ontario. We have enjoyed a productive relationship with the Town of Tillsonburg and will work hard to continue this in the future. I also would like to thank council for their in depth questions and interest in what we do. I have spoken to individual councilors before, but it was great to have all in one room (in this case, the town chamber). Communication is a two way street, and the dialogue that we had was very useful. It is our desire to continue and enhance this dialogue. To that end, we will add all of the council to our distribution list (for newsletters and other information), and I would encourage you to share our contact information with council as well (most I think have it already). I also appreciate your efforts and interest in supporting development in the region. Your participation in our AAFC Delhi Repurposing consultation, for example, was very useful. We will continue a strong relationship with SCOR, and through your leadership, we all will have impact. Thanks again. Best Regards John Dr. John Kelly Vice President Erie Innovation and Commercialization 1283 Blueline Road, P.O. Box 587 Simcoe, Ontario. N3Y 4N5 519 426 7913