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220419 Regular Council Meeting AgendaThe Corporation of the Town of Tillsonburg Council Meeting AGENDA Tuesday, April 19, 2022 5:00 PM Electronic Meeting 1.Call to Order 2.Closed Session 5:00 P.M. Proposed Resolution #1 Moved By: ________________ Seconded By: ________________ THAT Council move into Closed Session to consider a matter of information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them, under section 239 (2) (h) of the Municipal Act., and a matter of proposed or pending acquisition or disposal of land by the municipality or local board under 239(2)(c)of the Municipal Act. 2.1.Adoption of the Agenda 2.2.Disclosures of Pecuniary Interest and the General Nature Thereof 2.3.Previous Closed Session Minutes 2.4.Reports 2.4.1.239 (2) (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them. 2.4.2.239(2)(c) a proposed or pending acquisition or disposal of land by the municipality or local board 3.Moment of Silence 4.Adoption of Agenda 6:00P.M. Proposed Resolution #2 Moved By: ________________ Seconded By: ________________ THAT the Agenda as prepared for the Council meeting of April 19, 2022, be approved. 5.Disclosures of Pecuniary Interest and the General Nature Thereof 6.Adoption of Council Minutes of Previous Meeting Proposed Resolution #3 Moved By: ________________ Seconded By: ________________ THAT the minutes of the Council meeting held on March 28, 2022, be approved. 7.Presentations 8.Public Meetings 9.Planning Reports 10.Delegations 11.Deputation(s) on Committee Reports 12.COVID-19 13.Information Items 13.1.Ministry of Municipal Affairs and Housing RE: Community Housing Renewal Strategy 13.2.Ministry of the Solicitor General RE: Town of Tillsonburg compliance with the EMCPA in 2021 Proposed Resolution #4 Moved By: ________________ Seconded By: ________________ THAT the correspondence items received by the Ministry of Municipal Affairs and Housing dated March 31, 2022 and the Ministry of the Solicitor General dated March 31, 2022, be received as information. 14.Staff Reports Page 2 of 107 14.1.Chief Administrative Officer 14.2.Corporate Services 14.3.Economic Development 14.3.1.EDM 22-11 Agreement with Ontario Regarding Relief from Forfeiture Agreement - Quarter Town Line Road Widening Proposed Resolution #5 Moved By: ________________ Seconded By: ________________ THAT a by-law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with Her Majesty the Queen in Right of Ontario as Represented by the Minister of Government and Consumer Services for the lands described as Block 25, Plan 41-M155; AND THAT Block 25, Plan 41M-155 be deemed to be part of the Quarter Town Line municipal road allowance. 14.4.Finance 14.4.1.FIN 22-09 - 2021 Council Remuneration and Expenses Proposed Resolution #6 Moved By: ________________ Seconded By: ________________ THAT Council receives report FIN 22-09, 2021 Council Remuneration & Expenses Report as information. 14.5.Fire and Emergency Services 14.6.Operations and Development 14.7.Recreation, Culture and Parks 14.7.1.RCP 22-09 - Tender Results – Grass Cutting Contract Proposed Resolution #7 Moved By: ________________ Seconded By: ________________ THAT Council receive and approve bid from GLC Property Maintenance of Delhi, Ontario for the Town of Tillsonburg’s Grass Cutting Contract for mowing Zones 1 to 4, in the amount of $66,228 (2022); $67,572.96 (2023), and $68,924.52 (2024), exclusive of applicable taxes; and Page 3 of 107 THAT the Mayor and Clerk be authorized to execute the Contract. 15.New Business 16.Consideration of Committee Minutes 16.1.Committee Minutes Proposed Resolution #8 Moved By: ________________ Seconded By: ________________ THAT the the following Council Committee minutes be received as information: February 17, 2022 Tillsonburg Airport Advisory Committee Minutes; March 23, 2022 Affordable and Attainable Housing Advisory Committee Minutes; April 05, 2022 Tillsonburg 150 Ad Hoc Committee Minutes; April 6, 2022 Cultural, Heritage and Special Awards Committee Minutes; April 7, 2022 Parks, Beautification and Cemeteries Advisory Committee Minutes. 16.2.Conservation Authority Minutes Proposed Resolution #9 Moved By: ________________ Seconded By: ________________ THAT Council receives the Long Point Region Conservation Authority Board of Directors Annual General Meeting minutes of March 4, 2022, and the Long Point Region Source Protection Authority (LPRSPA) minutes of April 7, 2022, as information. 17.Motions/Notice of Motions Proposed Resolution #10 Moved By: Councillor Esseltine Seconded By: ________________ THAT plans be put in place for council members and staff to return to the council chambers for regularly scheduled council meetings as soon as possible, and in accordance with the end of the COVID-19 pandemic as determined by the provincial government. At this time, the provincial government has stated that Ontario COVID-19 Public Health measures and advice and all remaining measures, directives and orders are to end by April 27, 2022. Until such time, a hybrid option will continue to be available for individuals speaking to agenda items, who are unable to attend in person citing health or distance concerns. Page 4 of 107 With the provincial statement in mind and as per the town’s Procedural By-Law section 5.3 which reads “Electronic meetings for both open and closed meetings will be permitted in the following circumstances: during a pandemic and in certain emergency situations”, the provincial government’s declaration supports the town’s return to open, in person meetings of council and council committees. AND FURTHER having been advised that the recently approved Hybrid Work Policy could result in staff not being available to attend in person meetings, or to complete other tasks for which in person attendance at town facilities is important, that council requests a staff report outlining revisions to the Hybrid Work Policy that will assure council and the community that staff attendance at town facilities is considered important and often in the best interest of the municipality. This report to be on the council agenda for its first meeting in May. Should Southwestern Public Health issue regulations requiring in-person public meetings to cease because of a continuance or reoccurrence of Covid-19, councillors and staff will return to the full hybrid meeting option for the required period of time specified by public health. 18.Resolutions/Resolutions Resulting from Closed Session 19.By-Laws 19.1.A by-law to amend Zoning By-Law Number 3295, as amended (ZN 7-20-6) 19.2.A by-law to authorize the execution of a transfer agreement for Forfeited Corporate Property for the lands described as Block 25, Plan41-M155 19.3.A by-law to close a portion of a Municipal public roadway know as Grandview Drive Proposed Resolution #11 Moved By: ________________ Seconded By: ________________ THAT a by-law to amend Zoning By-Law Number 3295, as amended (ZN 7-20-6); and A by-law to authorize the execution of an agreement to enter into an agreement of purchase and sale for the lands described as Block 25, Plan41-M155.; and A by-law to close a portion of a Municipal public roadway know as Grandview Drive be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 20.Confirm Proceedings By-law Proposed Resolution #12 Moved By: ________________ Page 5 of 107 Seconded By: ________________ THAT By-Law 2022-031, to Confirm the Proceedings of the Council meeting held on April 19, 2022, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. 21.Items of Public Interest April 25, 2022 Council Planning Meeting at 6:00p.m.• May 9, 2022 Regular Meeting of Council at 6:00p.m.• May 24, 2022 Council Planning Meeting at 6:00p.m.• 22.Adjournment Proposed Resolution #13 Moved By: ________________ Seconded By: ________________ THAT the Council meeting of April 19, 2022 be adjourned at ______p.m. Page 6 of 107 1 The Corporation of the Town of Tillsonburg Council Meeting MINUTES Monday, March 28, 2022 5:00 PM Electronic Meeting ATTENDANCE: Mayor Molnar Deputy Mayor Beres Councillor Esseltine Councillor Gilvesy Councillor Luciani Councillor Parker Councillor Rosehart Staff: Kyle Pratt, Chief Administrative Officer Michelle Smibert, Director of Corporate Services/Clerk Renato Pullia, Interim Director of Finance/Treasurer Shane Caskanette, Fire Chief Chris Baird, Director of Recreation, Culture and Parks Carlos Reyes, Director of Operations and Development Cephas Panschow, Development Commissioner Ann Wright, Records and Legislative Coordinator Eric Gilbert, Senior Planner Richard Sparham, Manager of Public Works _____________________________________________________________________ 1. Call to Order Mayor Molnar called the meeting to order at 5:00 p.m. 2. Closed Session Resolution # 2022-111 Page 7 of 107 2 Moved By: Deputy Mayor Beres Seconded By: Councillor Gilvesy THAT Council move into Closed Session to consider two matters of a proposed or pending acquisition or disposition of land by the municipality or local board under section 239 (2) (c) of the Municipal Act. Carried 2.1 Adoption of the Agenda 2.2 Disclosures of Pecuniary Interest and the General Nature Thereof 2.3 Adoption of Closed Session Council Minutes 2.4 Reports 2.4.1 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board. 2.4.2 239 (2) (c) a proposed or pending acquisition or disposition of land by the municipality or local board. 3. Adoption of Agenda Resolution # 2022-012 Moved By: Deputy Mayor Beres Seconded By: Councillor Luciani THAT the Agenda as prepared for the Council meeting of March 28, 2022, with items under the Public Meeting Section being dealt with immediately following item 7, be approved. Carried 4. Moment of Silence 5. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of pecuniary interests were declared. 6. Adoption of Council Minutes of Previous Meeting Resolution # 2022-113 Moved By: Councillor Rosehart Seconded By: Councillor Parker Page 8 of 107 3 THAT the minutes of the Planning Council meeting held on February 22, 2022 and the Regular Council meeting held on March 14, 2022, be approved. Carried 7. Presentations 7.1 Ontario Federation of Agriculture - Home Grown Campaign Farmland Preservation Presenters: Tracey Arts, the Regional Director for Zone 4 with Ontario Federation of Agriculture, Laura Fraser, Member Service Representative for Zone 4 with Ontario Federation of Agriculture and Henk Van Roekel- Vice-President at Oxford County Federation of Agriculture. The Federation provided a power point presentation regarding their Home Gown Campaign on Farmland Preservation. There was general discussion regarding the current housing shortages as well. Resolution # 2022-114 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres THAT the presentation from Ontario Federation of Agriculture entitled Home Grown Campaign Farmland Preservation be received as information. Carried 7.2 Oxford County - Water/ Wastewater Service Delivery Review Presenters: David Simpson Oxford County Director of Public Works, Andrea Clemencio of GM BluePlan Engineering Ltd., and Jim Harnum of Municipal VU Consulting Inc. Council asked questions regarding the information contained in the presentation. Resolution # 2022-115 Moved By: Councillor Gilvesy Seconded By: Councillor Parker Page 9 of 107 4 THAT the presentation from Oxford County regarding Joint Water & Wasterwater Service Delivery Review Overview be received as information; AND THAT staff be directed to prepare a report for Council to be brought back no later than the first meeting in May recognizing the time sensitivity of this issue with regards to the following; • Financial cost to the Town if Option A gets adopted by County Council which should include severances and job losses • If Option A as recommended in this presentation is adopted by County Council, how would it affect the local water and waste water rates? • Staff recommendations on preferred option outlining pros and cons of options including status quo • If Option A is adopted by County Council, how will local service levels be affected? Carried 8. Public Meetings Resolution # 2022-116 Moved By: Councillor Luciani Seconded By: Councillor Gilvesy THAT Council move into the Committee of Adjustment to hear applications for Minor Variance at 6:04 p.m. Carried 8.1 Minor Variance Application A 04-22 (51 Fairs Cres.) County Planner Eric Gilbert provided a review of the Planning Report and recommended that the application be approved. Opportunity was provided for comments and questions from Council. No public comments were received and no members of the public appeared before Council either in support or opposition to the application. Resolution # 2022-117 Page 10 of 107 5 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT the Tillsonburg Committee of Adjustment approves Minor Variance application File A 04-22, submitted by Robert Wilmott, for lands described as Part Lot 33, Lot 34 Plan 41M-182, Parts 12 & 13, 41R-7077 Town of Tillsonburg, as it relates to: 1. Relief from Table 5.37.1: Permitted Projections Into Required Yards – Minimum Setback Between Projection and Lot Line, to decrease the minimum required setback from 3.0 m (9.8 ft) to 2.7 m (8.9 ft); 2. Relief of Section 7.5.5.2.12.1 – R2-5 Zone - Porch, Balcony, Deck and Step Encroachments into Required Yards – to increase the maximum permitted projection of an uncovered deck into the rear yard from 3 m (9.8 ft) to 4.3 m (14.1 ft). Subject to the following condition: i) A building permit for the proposed deck shall be issued within one year of the date of the Committee's decision. Carried 8.2 Minor Variance Application A 05-22 (7 Brookside Lane) County Planner Eric Gilbert provided a review of the Planning Report and recommended that the application be approved. Opportunity was provided for comments and questions from Council. Applicant Evan Prouse was in attendance and was in agreement of the Planning report and recommendation. No public comments were received and no members of the public appeared before Council either in support or opposition to the application. Resolution # 2022-118 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani THAT the Town of Tillsonburg Committee of Adjustment approves the Minor Variance application File A 05-22 submitted by Evan Prouse, for lands described as Lot 63, Plan 41M-218, Town of Tillsonburg, as it relates to: Page 11 of 107 6 1. Relief from Section 6.2, Zone Provisions - Table 6.2: R1 Zone Provisions - Exterior Side Yard, Minimum Width, to decrease the minimum required exterior side yard width from 7.5 m (24.6 ft) to 3.6 m (11.8 ft); 2. Relief from Section 5.37.1 Permitted Projections Into Required Yards - Table 5.37.1 - Permitted Projections Into Required Yards, to increase the maximum permitted projection of a covered deck into all yards from 1.5 m (4.92 ft) to 3.1 m (10.2 ft); to permit the construction of a single detached dwelling. Subject to the following conditions: i. A building permit for the proposed dwelling shall be issued within one year of the date of the Committee's decision. ii. That the proposed relief shall only apply to the construction of a single detached dwelling and covered porch of the general size and location as illustrated on Plate 3 of Report CP 2022-116. Carried 8.3 Minor Variance Application A 06-22 (3 Rouse Street) County Planner Eric Gilbert provided a review of the Planning Report and recommended that the application be approved. Opportunity was provided for comments and questions from Council. Applicant, Mike Petrovitch and Owner, Phil St John, were in attendance and were in agreement of the Planning report and recommendation. No public comments were received and no members of the public appeared before Council either in support or opposition to the application. Resolution # 2022-119 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT the Town of Tillsonburg Committee of Adjustment approves Application File A06-22, submitted by Future Transfer Co. Inc., for lands described Part Lot 1614, Plan 500, Part 1, 41R-7936, Town of Tillsonburg, as it relates to: Page 12 of 107 7 1. Relief from Section 17.2 – MG Zone Provisions - Exterior Side Yard, to reduce the minimum required exterior side yard width from 15 m (49.2 ft) to 7.5 m (24.6 ft) to facilitate the construction of a new industrial building; 2. Relief from Section 17.2 – MG Zone Provisions - Rear Yard, to reduce the minimum required rear yard depth from 7.5 m (24.6 ft) to 4.5 m (14.7ft) to facilitate the construction of an industrial silo building. Subject to the following condition: i) Approval is subject to an approved amendment to Site Plan File TSPC 7-118. Carried Resolution # 2022-120 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council move out of Committee of Adjustment and move back into regular Council session at 6:22 p.m. Carried 8.4 Consent Application B22-07-7 and Minor Variance Application A22- 01-7 (111 Rolph St.) County Planner Eric Gilbert provided a review of the Planning Report and recommended that the applications be approved. Opportunity was provided for comments and questions from Council. Council had concerns with current parking issues and the negative effects of adding additional traffic and parking and well as concerns about emergency vehicles having access through Valleyview. Council also had questions in regard to drainage and lot grading. Agent Jessica Adamson, was in attendance and was in agreement of the Planning report and recommendation. Also in attendance: Les Komaromy - Homeowner at 71 Washington Grand Avenue Page 13 of 107 8 Provided a letter of correspondence and a petition from neighbouring residents. Les read his submitted correspondence and requested that council deny this application. Francis & Brian Gleason - Homeowners at 113 Rolph Street 30 years in the Neighbourhood - concerns in regards to parking, privacy, the over all appearance of the new duplex. Opposed to this development. An additional piece of correspondence was received by Bryden Snider in opposition of the proposal. Resolution # 2022-121 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT the Council of the Town of Tillsonburg directs staff to advise the Oxford County Land Division Committee that the Town supports Minor Variance Application A 22-01-7 submitted by Brother Marketing Inc, for lands described as Lot 747, Plan 500, in the Town of Tillsonburg, as it relates to: 1. Relief from Section 12.2, Table 12.2 – EC Zone Provisions, to reduce the minimum lot depth from 30 m (98.4 ft) to 25 m (82 ft) for the lots to be severed and retained; 2. Relief from Section 12.2, Table 12.2 – EC Zone Provisions, to reduce the minimum lot area from 558 m2 (6,006 ft2) to 505 m2 (5,435.8 ft2) for the lots to be severed and retained; 3. Relief from Section 12.2, Table 12.2 – EC Zone Provisions, to reduce the minimum required rear yard depth from 9 m (29.5 ft) to 7.5 m (24.6 ft) for the lot to be retained; AND FURTHER THAT the Council for the Town of Tillsonburg will advise the Oxford County Land Division Committee that the Town supports the proposal to sever the subject property, subject to the 8 conditions detailed in Planning Report CP 2022-113. Defeated 9. Planning Reports 10. Delegations Page 14 of 107 9 11. Deputation(s) on Committee Reports 12. COVID-19 Mayor Molnar provided a brief update. 13. Information Items 13.1 Minister of Energy -Process to Procure New Electricity Resources 13.2 Wind Concerns Ontario - Setbacks for Wind Turbines Resolution # 2022-122 Moved By: Councillor Parker Seconded By: Councillor Rosehart THAT Council receives the information items from the Minister of Energy dated March 17, 2022 and the Wind Concerns Ontario dated March 8, 2022 as information. Carried 14. Staff Reports 14.1 Chief Administrative Officer 14.2 Corporate Services 14.2.1 CS 22- 04 Accessibility Policy Update March 28th Resolution # 2022-123 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT Council adopts the updated accessibility policy and the work accommodation & safe return to work policy with further review every 4 years. Carried 14.2.2 CS 22-09 Vaccination Policy Resolution # 2022-124 Moved By: Councillor Esseltine Seconded By: Deputy Mayor Beres Page 15 of 107 10 That the COVID-19 Workplace Proof of Vaccination Policy be rescinded. Carried 14.3 Economic Development 14.3.1 EDM 22-09 Surplus Land Declaration – Grandview Drive Right- of-Way Resolution # 2022-125 Moved By: Councillor Gilvesy Seconded By: Councillor Luciani THAT the public road, Grandview Drive, described as Parts 2 and 3, Plan 41R-9064 be declared surplus to the needs of the Town of Tillsonburg in accordance with Bylaw 2021-031 (land disposition) including suitable notification to the public; AND THAT a bylaw be brought forward for Council’s consideration. Carried 14.3.2 EDM 22-10 Tree Planting Agreement with Long Point Region Conservation Authority Resolution # 2022-126 Moved By: Deputy Mayor Beres Seconded By: Councillor Parker THAT Council approve a tree planting agreement with the Long Point Region Conservation Authority for the lands described as Part of Lots 1 and 2, Concession 5, North of Talbot Road, and more particularly described as part of Parts 14 and 15, Plan 41R-8326 and located south of the Storm Water Management pond in the Van Norman Innovation Park. Carried 14.4 Finance 14.4.1 FIN 22-07 - 2021 Annual Investment Report Page 16 of 107 11 Resolution # 2022-127 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT Council receives report FIN 22-07, 2021 Annual Investment Report as information. Carried 14.4.2 FIN 22-08 - Revision to the 2022 Rates and Fees By-law Resolution # 2022-128 Moved By: Councillor Parker Seconded By: Councillor Esseltine THAT Council approve a By-law to amend the 2022 Rates and Fees By-law with revisions to the Transit advertising fees and the Utility labour fees. Carried 14.5 Fire and Emergency Services 14.6 Operations and Development 14.6.1 OPD 22-12 - Sign Variance Amendment - 262 Broadway Resolution # 2022-129 Moved By: Councillor Gilvesy Seconded By: Councillor Parker THAT Council approve a variance to Sign By-Law 3798 to permit an animated LED sign of 1.11 sq. m. (12.0 sq.ft.) be incorporated into a proposed new ground sign within a Neighbourhood Commercial Zone, be located within 9 metres of a residential use and increased area of 5.11 sq. m. (55.00 sq. ft.) located at 262 Broadway (Lot 998, Plan 500). Carried 14.7 Recreation, Culture and Parks 14.7.1 RCP 22-08 Tender Results - Lake Lisgar Splash Pad Page 17 of 107 12 Resolution # 2022-130 Moved By: Councillor Luciani Seconded By: Deputy Mayor Beres THAT Council award the contract for RFT 2022-004 to Yard Weasels Inc.; AND THAT the Mayor and Clerk be authorized to execute a contract with Yard Weasels Inc. of Fergus, Ontario, for the construction of the new Lake Lisgar Splash Pad, in the amount of $417,500.00, exclusive of applicable taxes. Carried 15. New Business 16. Consideration of Committee Minutes 16.1 Committee Minutes Resolution # 2022-131 Moved By: Councillor Parker Seconded By: Councillor Gilvesy THAT Council receives the Tillsonburg 150 Committee minutes of March 1, 2022, the Recreation and Sports Advisory Committee Minutes of March 9, 2022, and the Economic Development Advisory Committee Minutes of March 8, 2022, as information. Carried 17. Motions/Notice of Motions Councillor Esseltine provided the following Notice of Motion, to be considered at the April 19, 2022 Council meeting: THAT plans be put in place for council members and staff to return to the council chambers for regularly scheduled council meetings as soon as possible. As per the Procedural By-Law a hybrid option will continue to be available for individuals who are unable to attend in person, citing health or distance concerns. Page 18 of 107 13 Should Southwestern Public Health issue regulations requiring in-person public meetings to cease because of COVID 19, councillors and staff regularly attending in person will return to the full hybrid option for the required period of time specified by Public Health. 18. Resolutions/Resolutions Resulting from Closed Session 19. By-Laws 19.1 By-Law 2022-029 to regulate traffic and the Parking of Motor Vehicles 19.2 By-Law 2022-030 to amend By-Law 2021-127 to provide a schedule of fees for certain municipal applications, services and permits. Resolution # 2022-132 Moved By: Councillor Esseltine Seconded By: Councillor Rosehart THAT By-Law 2022-029 a by-law to regulate traffic and the Parking of Motor Vehicles; and By-Law 2022-030 a by-law to amend By-Law 2021-127 to provide a schedule of fees for certain municipal applications, services and permits; be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 20. Confirm Proceedings By-law Resolution # 2022-133 Moved By: Councillor Luciani Seconded By: Councillor Esseltine THAT By-Law 2022-028, to Confirm the Proceedings of the Council meeting held on March 28, 2022, be read for a first, second, third and final reading and that the Mayor and the Clerk be and are hereby authorized to sign the same, and place the corporate seal thereunto. Carried 21. Items of Public Interest Page 19 of 107 14 • Regular Meeting of Council and Planning Meeting April 19, 2022 at 6:00 p.m. • Regular Meeting of Council April 25, 2022 at 6:00 p.m. 22. Adjournment Resolution # 2022-134 Moved By: Councillor Rosehart Seconded By: Councillor Gilvesy THAT the Council meeting of March 28, 2022 be adjourned at 9:22 p.m. Carried Page 20 of 107 234-2022-981 March 31, 2022 Dear Heads of Council and Chairs of District Social Services Administration Boards: In April of 2019, our government announced the Community Housing Renewal Strategy (CHRS) which outlined our plan to work with Ontario’s partners in municipalities, non- profits, and housing co-ops to stabilize and grow the community housing sector. We have already made great progress achieving these objectives as evidenced by the Protecting Tenants and Strengthening Community Housing Act, 2020 (Bill 184), which supports our government’s plan to ensure all Ontarians can find a home that meets their needs and budget. Our government has delivered on the CHRS by: • Launching programs under the National Housing Strategy to maintain affordability and rental support for households, grow community housing supply, and connect households with opportunities for homeownership; • Providing over 9,000 low-income households with portable housing benefits (PHB) through the Canada-Ontario Housing Benefit (COHB); • Making life easier and safer for tenants and housing providers by simplifying Rent-Geared-to-Income (RGI) rules, changing waitlist rules to allow vacant units to be filled more quickly, and limiting access for those previously evicted for criminal activity; and • Passing amendments made to the Housing Services Act, 2011 to enable the creation of a new regulatory framework for community housing that is more efficient and better meets households’ needs. It is with great pride that I can inform you that our government is introducing a new regulatory framework under the CHRS. The new regulatory framework responds to our extensive consultation with the sector and stabilizes Ontario’s community housing system for those who live and work in it. We have made regulatory changes to protect much-needed community housing across the province and make sure the system is sustainable over the long term. …/2 Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000 Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto ON M7A 2J3 Tél.: 416 585-7000 Page 21 of 107 -2- The new community housing framework encourages housing providers to remain in the system by signing service agreements. This will protect critical community housing supply and encourage housing providers to continue to offer deeply affordable rents for tens of thousands of Ontario households. These changes will ensure community housing is there for the people who need it most by requiring Service Managers to set local income and asset limits and continuing to prioritize survivors of domestic violence and human trafficking for rent-geared-to-income assistance. These changes will also improve efficiency and update accountability rules to encourage new programs that meet local housing needs. These changes will begin to come into effect on July 1, 2022, with full implementation by July 1, 2023. For your information, copies of the regulations are posted here: https://www.ontario.ca/laws/regulation/r22242 https://www.ontario.ca/laws/regulation/r22241 On behalf of our government, I would like to extend our thanks for your work in developing the new framework. We look forward to continuing to work with our municipal partners to develop guidance material to support implementation of these changes in local communities over the coming months. Sincerely, Steve Clark Minister Page 22 of 107 Ministry of the Solicitor General Office of the Fire Marshal and Emergency Management 25 Morton Shulman Avenue Toronto ON M3M 0B1 Tel: 647-329-1100 Fax: 647-329-1143 Ministère du Solliciteur général Bureau du commissaire des incendies et de la gestion des situations d'urgence 25 Morton Shulman Avenue Toronto ON M3M 0B1 Tél. : 647-329-1100 Téléc. : 647-329-1143 March 31, 2022 Your Worship Stephen Molnar Town of Tillsonburg 200 Broadway, 2nd Floor Tillsonburg, ON N4G5A7 Dear Mayor Stephen Molnar: As the Chief of Emergency Management for Ontario, it is incumbent on me to monitor, coordinate and assist municipalities with their respective municipal emergency management programs in accordance with the Emergency Management and Civil Protection Act (EMCPA). To confirm municipalities are in compliance with the EMCPA, every municipality in Ontario submits a compliance package to Emergency Management Ontario on a yearly basis. Emergency Management Ontario (EMO) has reviewed the documentation submitted by your Community Emergency Management Coordinator (CEMC) and have determined that your municipality was compliant with the EMCPA in 2021. The safety of all our citizens is important, and one way to ensure that safety is to ensure that your municipality is prepared in case of an emergency. We congratulate you on your municipality's efforts in achieving compliance in 2021. I look forward to continuing to work with you to support your continued compliance on an ongoing basis. If you have any questions or concerns about this letter, please contact our Emergency Management Field Officer assigned to your Sector; their contact information is below. Name: Christopher Pape Email: Christopher.Pape@ontario.ca Phone: 519-854-6595 Sincerely, Teepu Khawja Assistant Deputy Minister and Chief, Emergency Management cc: Michael Shane Caskanette - CEMC Christopher Pape - Field Officer - St.Clair Sector Page 23 of 107 Page 1 of 4 Subject: Agreement with Ontario Regarding Relief from Forfeiture Agreement - Quarter Town Line Road Widening Report Number: EDM 22-11 Department: Economic Development Department Submitted by: Cephas Panschow Meeting Type: Council Meeting Meeting Date: Tuesday, April 19, 2022 RECOMMENDATION THAT a by-law be brought forward to authorize the Mayor and Clerk to enter into an agreement of purchase and sale with Her Majesty the Queen in Right of Ontario as Represented by the Minister of Government and Consumer Services for the lands described as Block 25, Plan 41-M155; AND THAT Block 25, Plan 41M-155 be deemed to be part of the Quarter Town Line municipal road allowance. BACKGROUND Despite the property being registered as a Plan of Subdivision since July 9, 1997, no development of the property took place until the property was acquired recently by 2563557 Ontario Inc. As part of their work on the 361 Quarter Town Line development, Kim Husted Surveying Ltd determined that an approximately 5 metre wide strip of land that was part of the previous registered Daffodil Drive/Daisy Court Plan of Subdivision (Plan 41M-155) had not been transferred to the Town of Tillsonburg as part of the Plan of Subdivision requirements. In reviewing this with the Town’s solicitor, it was determined that the original development company was dissolved effective November 17, 2008. Upon the dissolution of a Corporation, all remaining property of the Corporation becomes Forfeited Corporate Property under the Business Corporations Act. Hence, the Town was required to submit an application for relief from forfeiture to the Ontario Government through the Ministry of Government and Consumer Services. The Page 24 of 107 EDM 22-11 Page 2 of 4 Town’s request was approved and the Ministry has provided an Agreement of Purchase and Sale to the Town for approval. DISCUSSION As can be seen in Figure 1, the Quarter Town Line road allowance is wider both to the north and south of this parcel, which means that this parcel is needed in order to maintain a consistent width of the road allowance and to allow for future widening/enhancements. Figure 1 – Block 25, Plan 41M-155 Staff is recommending that Council approve this transaction in order to rectify a historical oversight and ensure that the Quarter Town Line road allowance is of a consistent width and to enable future reconstruction or widenings to take place. Page 25 of 107 EDM 22-11 Page 3 of 4 CONSULTATION The Town’s Engineering Department has reviewed the information provided by Husted Surveying and has confirmed that the Town still requires the road widening. FINANCIAL IMPACT/FUNDING SOURCE The cost to make the application for relief from forfeiture was $1,276 plus net HST. The cost to purchase the land is $2.00. However, there will be additional legal and closing costs necessary for the Town to take ownership of the property. These will be charged to the Economic Development & Marketing (DCS) Land Sales account and be offset by revenues received from other real estate transactions. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☒ Community growth ☐ Connectivity and transportation ☐ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – The Town of Tillsonburg will accommodate and support sustainable growth. Strategic Direction – Not applicable Priority Project – Not applicable ATTACHMENTS Appendix A – Plan 41M-155 Appendix B - Transfer Agreement Page 26 of 107 EDM 22-11 Page 4 of 4 Appendix A – Plan 41M-155 Page 27 of 107 FCP 2021 113 IO APS Template for Relief from Forfeiture –November 2020 HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF GOVERNMENT AND CONSUMER SERVICES as “Vendor” and THE CORPORATION OF THE TOWN OF TILLSONBURG as “Purchaser” TRANSFER AGREEMENT FOR FORFEITED CORPORATE PROPERTY (RELIEF FROM FORFEITURE) Page 28 of 107 IO APS Template for Relief from Forfeiture –November 2020 TABLE OF CONTENTS SECTION 1 DEFINITIONS ......................................................................................................... 1 SECTION 2 AGREEMENT OF PURCHASE AND SALE ............................................................ 3 SECTION 3 PAYMENT OF PURCHASE PRICE ........................................................................ 3 SECTION 4 HARMONIZED SALES TAX ................................................................................... 3 SECTION 5 "AS IS WHERE IS", PURCHASER’S INDEMNITY ................................................ 4 SECTION 6 VENDOR'S CONDITIONS/ SALE APPROVAL ....................................................... 5 SECTION 7 RISK ....................................................................................................................... 6 SECTION 8 ABORIGINAL CLAIMS .......................................................................................... 6 SECTION 9 VENDOR'S WARRANTIES, REPRESENTATIONS AND COVENANTS ................. 7 SECTION 10 PURCHASER'S WARRANTIES, REPRESENTATIONS AND COVENANTS ........ 7 SECTION 11 PREPARATION OF TRANSFER/DEED DOCUMENTS AND FEES/COSTS ......... 8 SECTION 12 ELECTRONIC REGISTRATION .......................................................................... 8 SECTION 13 CLOSING DELIVERABLES.................................................................................. 8 SECTION 14 NOTICE ................................................................................................................ 9 SECTION 15 GENERAL ........................................................................................................... 10 SECTION 16 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT AND OPEN DATA ............................................................................................................................. 10 SECTION 17 ACCEPTANCE PERIOD ..................................................................................... 11 Page 29 of 107 IO APS Template for Relief from Forfeiture –November 2020 TRANSFER AGREEMENT FOR FORFEITED CORPORATE PROPERTY BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF GOVERNMENT AND CONSUMER SERVICES (hereinafter collectively called the “Vendor”) OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter called the “Purchaser”) OF THE SECOND PART RECITALS: A. The registered owner of the “Lands” as defined in Section 1.01(q) of this Agreement is 1115572 Ontario Inc. (the “Corporation”), pursuant to a Transfer registered as Instrument No. LT62615 on May 31, 1996 with respect to the Lands. B. The Corporation was incorporated on January 27, 1995 and dissolved effective November 17, 2008. C. Upon the dissolution of the Corporation, all remaining property of the Corporation became Forfeited Corporate Property, as defined in Section 1.01 (n) of this Agreement, and was forfeited to and immediately vested in the Crown by operation of Section 244 (1) of the Business Corporations Act. D. The Purchaser submitted to the Vendor an application for relief from forfeiture (the “Relief Application”) in accordance with Section 26(1) of the Forfeited Corporate Property Act, 2015. E. Pursuant to Section 26(1) of the Forfeited Corporate Property Act, 2015, the Vendor has agreed to transfer the Forfeited Corporate Property to the Purchaser and the Purchaser has agreed to accept the Forfeited Corporate Property from the Vendor on the terms and conditions hereinafter set forth. NOW THEREFORE in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: SECTION 1 DEFINITIONS 1.01 Definitions Unless the context expressly or by necessary implication indicates a contrary meaning, the terms defined in this Section 1.01 for all purposes of this Agreement, shall have the meanings set out below: (a) “Affiliate” has the meaning set out in the Business Corporations Act, R.S.O. 1990, c.B. 16. (b) “Agreement” means collectively, this agreement of purchase and sale, all Schedules attached hereto and every properly executed instrument which by its terms amends, modifies or supplements this Agreement. Page 30 of 107 - 2 - IO APS Template for Relief from Forfeiture –November 2020 (c) “Applicable Laws” means, collectively, all statutes, laws, by-laws, regulations, ordinances and orders of any governmental Authority, including without limitation all Land Use Regulations. (d) “As Is Where Is” has the meaning ascribed to it in Section 5.01. (e) “Authority” means any governmental or quasi-governmental authority, regulatory authority, government ministry or department, agency, commission, board, tribunal, body or department, or any court, whether federal, provincial or municipal, having jurisdiction over the Forfeited Corporate Property, or the use thereof. (f) “Buildings” means, individually or collectively, as the context requires, all buildings, structures and fixed improvements located on, upon or under the Lands, and all improvements and fixtures of the Vendor contained in, upon or on such buildings and structures which are used in the operation of same, but excluding all buildings, structures, fixtures and improvements which are not owned by the Vendor, and “Building” means any one of the Buildings. (g) “Business Day” means any day on which the Government of Ontario normally conducts business. (h) “Closing” means the closing of the Transaction, including without limitation the payment of the Purchase Price and the delivery of the closing documents in accordance with the provisions of this Agreement. (i) “Closing Date” means the day which is fifteen (15) Business Days next following the Date of Acceptance, or such earlier date that the Purchaser and Vendor may agree to in writing. (j) “Contaminant” has, for the purposes of this Agreement, the same meaning as that contained in the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, and shall include the requirements of any and all guidelines and/or policies issued by the Ontario Ministry of the Environment, Conservation and Parks and/or the Ministry of Labour. (k) “Crown” means “Her Majesty the Queen in right of Ontario” and includes, for the purposes of any exculpatory clause, release or indemnity included in this Agreement in favour of the Crown, any Ministers, Deputy Ministers, agencies, representatives, servants, employees, agents, delegates, appointees, invitees, officials, contractors and licensees of Her Majesty the Queen in right of Ontario and their officers and directors, brokers, service provider(s) and any other entity over whom the Crown may reasonably be expected to exercise control. (l) “Date of Acceptance” means the date the Vendor approves and accepts this Agreement. (m) “Environmental Law” means, collectively, all Applicable Laws and agreements with governmental Authorities and all other applicable federal and provincial statutes, municipal and local laws, common law and deed restrictions, all by-laws, regulations, codes, licences, permits, orders, directives, guidelines, decisions rendered by any governmental Authority relating to the protection of the environment, natural resources, public health, occupational health and safety or the manufacture, processing, distribution, use, treatment, storage, disposal, packaging, transport, handling, containment, clean-up or other remediation or corrective action of any Hazardous Substance, and all authorizations issued pursuant to such Applicable Laws, agreements or statutory requirements. (n) “Forfeited Corporate Property” means the interest held by the Corporation in the Lands, prior to dissolution, which subsequently forfeited to the Crown. (o) “Hazardous Substance” includes, but is not limited to any hazardous or toxic chemical, waste, by-product, pollutant, compound, product or substance, including without limitation, any Contaminant, asbestos, polychlorinated biphenyls, petroleum and its derivatives, by-products or other hydrocarbons and any other liquid, solid or gaseous material the exposure to, or manufacture, possession, presence, use, generation, storage, transportation, treatment, release, disposal, abatement, cleanup, removal, remediation or handling of, which is prohibited, controlled or regulated by any and is defined in or pursuant to any Environmental Law. Page 31 of 107 - 3 - IO APS Template for Relief from Forfeiture –November 2020 (p) “HST” has the meaning ascribed to it in Section 4.01 of this Agreement. (q) “Lands” means the land(s) described in Schedule A. (r) “Land Use Regulations” means collectively, any land use policies, regulations, by-laws, or plans of any Authority that apply to the use of the Forfeited Corporate Property, including the existing Official Plans, zoning by-laws and zoning orders. (s) “Land Transfer Tax Affidavit” has the meaning ascribed to it in Section 11.01. (t) “OILC” means Ontario Infrastructure and Lands Corporation. (u) “Open Data” means data that is required to be released to the public pursuant to the Open Data Directive. (v) “Open Data Directive” means the Management Board of Cabinet’s Open Data Directive updated on April 29, 2016, as amended from time to time. (w) “Purchase Price” means the total amount as set out in Section 2.01 that shall be paid by the Purchaser to the Vendor for the Forfeited Corporate Property, exclusive of HST. (x) “Sale Approval” means the necessary internal governmental approvals required to dispose of the Forfeited Corporate Property. (y) “Transaction” means, collectively, the purchase and sale of the Forfeited Corporate Property provided for in this Agreement and all other matters contemplated in this Agreement. (z) “Vendor” means Her Majesty the Queen in right of Ontario as represented by the Minister of Government and Consumer Services and includes, for the purpose of any exculpatory clause, release or indemnity included in this Agreement in favour of the Vendor, OILC, any ministries, agencies, its representatives, servants, employees, delegates, appointees, agents, invitees, officers, directors, contractors and licensees of Her Majesty the Queen in right of Ontario and OILC and their brokers, service provider(s) and any other entity or person over whom the Vendor or OILC may reasonably be expected to exercise control. All references to a statute or regulation include all amendments, re-enactments or replacements of the statute or regulation. All references to a government ministry, minister, board or tribunal shall be interpreted to include its predecessor or successor, where applicable as determined by the Vendor. SECTION 2 AGREEMENT OF PURCHASE AND SALE 2.01 The Vendor agrees to transfer and assign to the Purchaser the Forfeited Corporate Property and the Purchaser agrees to accept the Forfeited Corporate Property from the Vendor for the Purchase Price of Two ($2.00) Dollars that shall be paid by the Purchaser to the Vendor for the Forfeited Corporate Property, exclusive of HST, on the Closing Date. SECTION 3 PAYMENT OF PURCHASE PRICE 3.01 On Closing, the Purchase Price shall be paid prior to 3:00 p.m. (Toronto time) on the Closing Date, by the Purchaser to the Vendor, by way of certified cheque or bank draft made payable to the “Minister of Finance”. 3.02 This Agreement shall be completed on the Closing Date at the offices of OILC. SECTION 4 HARMONIZED SALES TAX 4.01 The Purchase Price of the Forfeited Corporate Property does not include the Harmonized Sales Tax (“HST”) payable by the Purchaser in respect of the purchase of the Forfeited Corporate Page 32 of 107 - 4 - IO APS Template for Relief from Forfeiture –November 2020 Property pursuant to the Excise Tax Act, R.S.C. 1985, c. E.15 (Canada) (the “ETA”). Subject to Section 4.02, the Purchaser agrees to pay to the Vendor, on the Closing Date, as a condition of completion of this Transaction by certified cheque or bank draft, all HST payable as a result of this Transaction in accordance with the ETA. 4.02 Notwithstanding Section 4.01 above, the Vendor shall not collect HST from the Purchaser in this Transaction if, on Closing: (a) the Purchaser is registered under the ETA; (b) provides to the Vendor with the Certificate and Indemnity re HST, failing which the Purchaser shall pay to the Vendor on Closing the HST payable by the Purchaser with respect to this Transaction and the Vendor shall remit such HST to the appropriate Authority in accordance with the ETA. 4.03 The Purchaser's obligations under this Section 4 shall survive and not merge on Closing. SECTION 5 "AS IS WHERE IS", PURCHASER’S INDEMNITY 5.01 The Purchaser hereby acknowledges and agrees that it accepts the Forfeited Corporate Property in an “As Is Where Is” condition, which means the physical condition, state of repair and environmental condition of the Forfeited Corporate Property, including, without limitation, the state of title, any non-compliance with Environmental Law or the existence of any Hazardous Substance in, on or under the Lands, the Buildings or any structure or paved surface or in any environmental medium (including, but not limited to, the soil, groundwater, or soil vapour on or under, or emanating from or on to the Forfeited Corporate Property) existing as of the Closing Date. 5.02 In agreeing to purchase the Forfeited Corporate Property, on an As Is Where Is basis, the Purchaser acknowledges and agrees that: (a) the Vendor shall have no obligations or responsibility to the Purchaser after Closing with respect to any matter relating to the Forfeited Corporate Property or the condition thereof. The provisions of Sections 5.01 and 5.02 shall survive and not merge on Closing. 5.03 As an inducement to, and as further consideration for, the Vendor agreeing to transfer the Forfeited Corporate Property to the Purchaser upon the terms and conditions set forth in this Agreement, the Purchaser covenants and agrees that, effective as of the Closing Date, the Purchaser shall: (a) forever release and covenant not to sue the Vendor and its affiliates, subsidiaries, related legal entities, employees, directors, officers, appointees and agents with respect to anything in connection with, arising from or in any way related to: (i) the state and quality of title; (ii) any outstanding arrears of taxes, utilities, common expenses (if applicable) or other monies owing in relation to the Forfeited Corporate Property; and (iii) the condition of the soil, subsoil, ground and surface water, or any other environmental matters, the condition of the Lands, suitability for development, physical characteristics, profitability, or any other matters in relation to the Forfeited Corporate Property whatsoever, including, without limitation, compliance with Environmental Law, the existence of any Hazardous Substances in, on, under, or emanating from or onto the Forfeited Corporate Property, regardless of whether such environmental conditions or the presence of Hazardous Substances is known or unknown by the Purchaser. The foregoing release and covenant not to sue shall apply to all claims at law or in equity, including, but not limited to, claims or causes of action for personal injury or death, property damage, statutory claims under Environmental Laws and claims for contribution and shall survive and not merge on Closing. Page 33 of 107 - 5 - IO APS Template for Relief from Forfeiture –November 2020 (b) be responsible for, and hereby agree to indemnify, defend and save harmless the Vendor from, any and all costs whatsoever (including, without limitation, legal, consultant and witness costs and fees), claims, demands, actions, prosecutions, administrative hearings, fines, losses, damages, penalties, judgments, awards (including awards of costs) and liabilities (including sums paid in settlement of claims) in connection with, arising from or in any way related to the following, without limitation: (i) the state of repair or the condition of the Forfeited Corporate Property; (ii) the state and quality of title, occupancy and current use of the Forfeited Corporate Property; (iii) any non-compliance with Environmental Law or the existence of Hazardous Substances in, on or under the Lands, the Buildings or any structure or paved surface, or in any environmental medium (including, but not limited to, the soil, groundwater, or soil vapour on or under, or emanating from or onto the Forfeited Corporate Property); (iv) any order issued by an Authority in connection with the condition of the Forfeited Corporate Property; or (v) any loss, damage, or injury caused either directly or indirectly as a result of the condition of the Forfeited Corporate Property. Without limiting the generality of the foregoing, this indemnification shall specifically extend to include and cover costs incurred in connection with any claim for personal injury, death, property damage, investigation of site conditions, any clean-up, remedial, removal, monitoring or restoration work required by any Authority because of any non-compliance with Environmental Law or the existence of any Hazardous Substances on the Forfeited Corporate Property. 5.04 The Purchaser agrees to execute and deliver to the Vendor at the time of Closing an Acknowledgement, Release and Indemnity, in the form attached hereto as Schedule schedule C, whereby the Purchaser shall reaffirm the release, covenant not to sue and indemnifications regarding the condition of the Forfeited Corporate Property and environmental matters set forth in this Section 5. Notwithstanding the foregoing, the release, covenant not to sue and indemnifications set forth in this Section 5 shall become effective and enforceable automatically upon the registration of the Transfer/Deed of Land in respect of the Forfeited Corporate Property in favour of the Purchaser, and the Purchaser shall be bound by them, regardless of whether or not the Purchaser executes any separate instrument at the time of Closing. 5.05 This Section 5 shall not merge but shall survive the Closing Date and shall be a continuing obligation of the Purchaser. SECTION 6 VENDOR'S CONDITIONS/ SALE APPROVAL 6.01 The obligation of the Vendor to complete the Transaction is conditional upon fulfillment of each of the following conditions on or before the Closing Date or any earlier date or time specified in this Agreement: (a) the Vendor shall have obtained Sale Approval; (b) all of the terms, covenants and conditions of this Agreement to be complied with or performed by the Purchaser shall have been complied with or performed in all material respects at the times contemplated in this Agreement; (c) the representations and warranties of the Purchaser set forth in this Agreement shall be true and accurate in all material respects as if made as of the Closing Date; and (d) all documents and deliveries required to be executed and/or delivered by the Purchaser shall have been executed and delivered to the Vendor in accordance with this Agreement. Page 34 of 107 - 6 - IO APS Template for Relief from Forfeiture –November 2020 6.02 The conditions set forth in Section 6.01 are for the sole benefit of the Vendor and may be waived in whole or in part by the Vendor, or by its solicitors on its behalf, in the sole and absolute discretion of the Vendor by notice to the Purchaser. The conditions are conditions precedent to the obligation of the Vendor to complete this Agreement on the Closing Date. 6.03 If a condition set forth in Section 6.01 is not fulfilled within the applicable time period, if any, and the Vendor fails to notify the Purchaser or the Purchaser’s solicitors that such condition has been waived or the time period for compliance has been extended within the applicable time period allowed, if any (save and except for any condition which is to be satisfied on the Closing in connection with which it is hereby agreed that upon successful completion of the Transaction, such condition shall be deemed to have been satisfied), at the Vendor’s sole option, this Agreement shall be null and void, notwithstanding any intermediate act or negotiations, and (i) in the event the Agreement is terminated as a result of the non-fulfilment of the condition set forth in Section 6.01(a), neither the Vendor nor the Purchaser shall be liable to the other for any loss, costs or damages. SECTION 7 RISK 7.01 From and including the Closing Date, the Forfeited Corporate Property shall be entirely at the risk of the Purchaser and the Purchaser shall accept and assume any and all responsibilities and liabilities arising out of or in any way connected with the Forfeited Corporate Property whether they arose before, on or after the Closing Date and, without being limited by the foregoing, include any state, nature, quality or condition in, on, under or near the Forfeited Corporate Property existing as of the Closing Date, whenever and however arising, whether known or unknown and whether environmental or otherwise, and whether such responsibilities and liabilities are imposed by law, equity or any Authority. 7.02 On or before Closing, the Purchaser will execute and deliver an Acknowledgement, Release and Indemnity, in the form attached hereto as schedule C, accepting, assuming and indemnifying the Vendor with respect to, inter alia, all such matters referred to in this Section 7. SECTION 8 ABORIGINAL CLAIMS 8.01 Notwithstanding any other provision of this Agreement, if at any time prior to the Closing Date the Vendor receives notification or otherwise becomes aware of any claim or potential claim whatsoever for an interest in respect of the Forfeited Corporate Property, by any First Nation or other aboriginal group or individual, in relation to any constitutional right, treaty right, land claim, surrender agreement or consultation right, including, without limitation, an interest in the title to the Forfeited Corporate Property, a right to the use of the whole or any part of the Forfeited Corporate Property, a restriction on the use of the Forfeited Corporate Property or any part thereof for any purpose, a restriction on access to the Forfeited Corporate Property or any part thereof, a claim for compensation, arising out of any interest or claimed interest in the Forfeited Corporate Property or a right of consultation in relation to the Forfeited Corporate Property, then the Vendor may at its option and in its sole and unfettered discretion extend the Closing Date for at least an additional thirty (30) days (the “Initial Extension Period”) by notice in writing to Purchaser during which time the Vendor shall: (a) determine in its sole and unfettered discretion if such claim, potential claim or interest is capable of being satisfied or whether appropriate releases can be obtained from all interested parties to enable the Vendor to complete the sale of the Forfeited Corporate Property to the Purchaser by the Closing Date free and clear of any such claim, potential claim or interest; (b) enter into arrangements which enable the Vendor to satisfy such claim, potential claim or interest or obtain such releases as appropriate from all interested parties in order to complete the sale of the Forfeited Corporate Property in accordance with Section 8.02(a), for which purpose it may extend the Closing Date up to (but no more than) three times, for a further thirty (30) days each (for a maximum of ninety (90) days in the aggregate) (collectively, the “Further Extension Period”); or Page 35 of 107 - 7 - IO APS Template for Relief from Forfeiture –November 2020 (c) within the Initial Extension Period or at any time within the Further Extension Period, have the right to terminate this Agreement by written notice to the Purchaser in which case the Agreement shall be null and void and of no further force and effect and neither party shall be further liable to the other pursuant to this Agreement. 8.02 If at any time prior to Closing, the Vendor receives instruction, notification or otherwise becomes aware of any requirements imposed by or from an Authority not otherwise contemplated in this Section 8 and with which the Vendor must comply as a condition of completing the Transaction, then the Vendor may at its option and in its sole and unfettered discretion extend the Closing Date up to three (3) times for a period of thirty (30) days each time (maximum ninety (90) days) by notice in writing to Purchaser during which time the Vendor shall: (a) determine in its sole and unfettered discretion if such requirement can be satisfied so as to enable the Vendor to complete the sale of the Forfeited Corporate Property to the Purchaser by the Closing Date; or (b) have the right, with or without a determination pursuant to subsection (a) above, to terminate this Agreement by written notice to the Purchaser in which case the Agreement shall be null and void and of no further force and effect and neither party shall be further liable to the other pursuant to this Agreement. SECTION 9 VENDOR'S WARRANTIES, REPRESENTATIONS AND COVENANTS 9.01 The Vendor warrants and represents to the Purchaser that the Vendor is not a non-resident of Canada within the meaning and intended purpose of Section 116 of the Income Tax Act, R.S.C. 1985, c.1 (5th Supp.). 9.02 Any information provided by the Vendor or its agents and any comments made by the Vendor, its employees, officers, directors, appointees, agents or consultants are for the assistance of the Purchaser in allowing it to make its own inquiries. The Vendor makes no representations or warranties as to, and takes no responsibility for, the accuracy or completeness of any information it has provided to the Purchaser. SECTION 10 PURCHASER'S WARRANTIES, REPRESENTATIONS AND COVENANTS 10.01 The Purchaser warrants and represents to the Vendor that the Purchaser does not have a conflict of interest with the Vendor. The Purchaser agrees to provide a Statutory Declaration in the form attached hereto as Schedule B at the time of execution by the Purchaser of this Agreement. The Purchaser acknowledges that if the information upon which the Statutory Declaration was provided changes, the Purchaser shall inform the Vendor of such change up to and including the Closing Date. 10.02 As of the Closing Date, the Purchaser shall assume and be responsible as owner for the management and administration of the Forfeited Corporate Property and the Vendor shall have no further responsibility. 10.03 On the Closing Date, the Purchaser will execute and deliver an Acknowledgement, Release and Indemnity in the form attached hereto as schedule C, accepting, assuming, releasing and indemnifying the Vendor with respect to, inter alia, all such matters referred to in this Section 10. 10.04 The Purchaser shall not assign or register this Agreement, or any assignment of this Agreement, or any part of either, or register a caution in relation thereto, or direct title to the Forfeited Corporate Property. Page 36 of 107 - 8 - IO APS Template for Relief from Forfeiture –November 2020 SECTION 11 PREPARATION OF TRANSFER/DEED DOCUMENTS AND FEES/COSTS 11.01 The Transfer/Deed of the Land will be prepared by the Vendor, except for the Affidavit of Residence and Value of the Consideration (“Land Transfer Tax Affidavit”), which will be prepared by the Purchaser. The Purchaser acknowledges that the Vendor will not be signing the Planning Act statements in the Transfer/Deed of Land. 11.02 The Purchaser shall pay its own legal costs and registration costs. The Purchaser shall be responsible for the payment of Land Transfer Tax and registration fees and any other taxes and fees payable in connection with the registration of the transfer/deed of the Forfeited Corporate Property. SECTION 12 ELECTRONIC REGISTRATION 12.01 Where the Forfeited Corporate Property is in an area where electronic registration is mandatory and the Transaction will be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, c. L.4, and the Electronic Registration Act, S.O. 1991, c.44, and any amendments thereto, the Vendor and Purchaser acknowledge and agree that the exchange of closing funds, non-registrable documents and other closing deliverables provided for herein and the release thereof to the Vendor and Purchaser will: (a) not occur at the same time as the registration of the transfer/deed (and any other documents intended to be registered in connection with the completion of this Transaction); and (b) be subject to conditions whereby the lawyer(s) receiving any of the closing deliverables will be required to hold same in escrow and not release same except in accordance with the terms of the latest Document Registration Agreement recommended from time to time by the Law Society of Ontario. SECTION 13 CLOSING DELIVERABLES 13.01 Subject to the provisions of this Agreement, the Vendor covenants that it shall execute or cause to be executed and shall deliver or cause to be delivered to the Purchaser or the Purchaser’s solicitors on or before the Closing Date, each of the following: (a) the Forfeited Corporate Property, as described in Section 2.01, in an As Is Where Is condition; (b) an executed Transfer/Deed of Land in registrable form duly executed by the Vendor in favour of the Purchaser (save for any Land Transfer Tax Affidavit); (c) a direction regarding the payment of funds; (d) such other deeds, conveyances and other documents contemplated in this Agreement or as the Purchaser or its solicitors may reasonably require in order to implement the intent of this Agreement. 13.02 Subject to the provisions of this Agreement, the Purchaser shall execute or cause to be executed and shall deliver or cause to be delivered to the Vendor or the Vendor’s Solicitors on or before the Closing Date: (a) a certified cheque or bank draft made payable to “Minister of Finance” for the Purchase Price; (b) a direction as to title, if necessary; (c) HST Declaration and Indemnity, as contemplated in Section 4, if applicable; Page 37 of 107 - 9 - IO APS Template for Relief from Forfeiture –November 2020 (d) an updated Statutory Declaration in the form set out in Schedule B is required in the event that there have been any changes to the information contained in the Statutory Declaration provided to the Vendor prior to the date of execution of this Agreement pursuant to Section 10.01; (e) an Acknowledgement, Release and Indemnity, in the form attached hereto as Schedule C; (f) such other deeds, conveyances, resolutions and other documents as the Vendor or its solicitors may reasonably require in order to implement the intent of this Agreement. SECTION 14 NOTICE 14.01 Any notice under this Agreement is sufficiently given if delivered personally or if sent by ordinary prepaid mail or prepaid courier or electronic facsimile machine (including e-mail) addressed to the Purchaser at: The Corporation of the Town of Tillsonburg Unit 204, 200 Broadway Street Tillsonburg, ON N4G 5A7 Telephone: (519)-688-3009 Email: msmibert@tillsonburg.ca and to the Purchaser’s Solicitors at: Duncan, Linton LLP 45 Erb Street East Waterloo, ON N2J 1L7 Attention: Adrian L. Rosu Telephone: (519)-886-3340 Email: adrian@kwlaw.net and to the Vendor at: Ministry of Government and Consumer Services Realty Management Branch 777 Bay Street, Suite 425 Toronto, ON M5G 2E5 Attention: Manager, Portfolio Performance Email: forfeitedcorporateproperty@ontario.ca And: c/o Ontario Infrastructure Lands Corporation Real Estate Transactions 1 Dundas Street West, Suite 2000 Toronto, ON M5G 1Z3 Attention: Vice President, Real Estate Transactions Facsimile: (416)-327-1906 or at such other addresses as the Vendor and the Purchaser may designate from time to time. Any such notice shall be conclusively deemed to have been given and received upon the same day if personally delivered or sent by facsimile or email, or, if mailed, three (3) Business Days after the same is mailed. Any party may, at any time by notice given in writing to the other party, change the address for service of notice on it. Page 38 of 107 - 10 - IO APS Template for Relief from Forfeiture –November 2020 SECTION 15 GENERAL 15.01 Time shall in all respects be of the essence of this Agreement, provided that the time for doing or completing any matter provided for in this Agreement may be extended or abridged by an agreement in writing, signed by the Vendor and the Purchaser or by an agreement between their respective solicitors who are hereby expressly authorized in this regard. If anything in this Agreement is to be done on a day which is not a Business Day, the same shall be done on the next succeeding Business Day. 15.02 This Agreement shall be binding upon, and enure to the benefit of, the Vendor and the Purchaser and their respective successors and permitted assigns. The Vendor and the Purchaser acknowledge and agree that the representations, covenants, agreements, rights and obligations of the Vendor and the Purchaser under this Agreement shall not merge on the completion of this Transaction, but shall survive completion and remain in full force and effect and be binding upon the parties, save and except as may be otherwise expressly provided for in this Agreement. 15.03 Whenever the singular is used in this Agreement, it shall mean and include the plural and whenever the masculine gender is used in this Agreement it shall mean and include the feminine gender if the context so requires. 15.04 This Agreement constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the Forfeited Corporate Property, except as specifically set forth in this Agreement. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto or by their solicitors. 15.05 This Agreement and the rights and obligations of the Vendor and the Purchaser shall be determined in accordance with the laws of the Province of Ontario. 15.06 Wherever this Agreement makes reference to a requirement for the consent or approval of the Vendor, such consent must be prior written consent and may be arbitrarily and unreasonably withheld in the sole and absolute discretion of the Vendor. 15.07 No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall any waiver constitute a continuing waiver unless otherwise expressed or provided. 15.08 If any provision of this Agreement or part thereof or the application thereof to any person or circumstance, to any extent, shall be determined to be invalid or unenforceable, the remainder of this Agreement or the application of such provisions or part thereof to any person, party or circumstance other than those to which it is held invalid or unenforceable shall not be affected thereby. Each covenant, obligation and agreement in this Agreement shall be separately valid and enforceable to the fullest extent permitted by law. 15.09 Each of the parties hereto shall from time to time hereafter and upon any reasonable request of the other and in such form as may be satisfactory to both parties hereunder, execute and deliver, make or cause to be made all such further acts, deeds, assurances and things as may be required or necessary to more effectually implement and carry out the true intent and meaning of this Agreement. SECTION 16 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT AND OPEN DATA 16.01 The Purchaser acknowledges that this Agreement and any information or documents that are provided to the Vendor may be released pursuant to the provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended. This acknowledgment shall not be construed as a waiver of any right to object to the release of this Agreement or of any information or documents. 16. 02 The Purchaser acknowledges that this Agreement is subject to the Open Data Directive and the Vendor may be required to publish Open Data in accordance with the Open Data Directive. Page 39 of 107 - 11 - IO APS Template for Relief from Forfeiture –November 2020 SECTION 17 ACCEPTANCE PERIOD 17.01 Signature of this Agreement by the Purchaser and the submission thereof to the Vendor constitutes an offer under seal and is open for acceptance by the Vendor until one (1) day prior to the Closing Date. This offer, once accepted on the Date of Acceptance, constitutes a binding contract of purchase and sale. This offer may be made and accepted by facsimile or other electronic transmission, including electronic signature and by different parties in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Delivery by facsimile or electronic transmission in a portable document format (PDF) of an executed counterpart of this Agreement is as effective as delivery of an originally executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile or by electronic transmission in PDF shall also deliver, if requested an originally executed counterpart of this Agreement within seven (7) days of the facsimile or electronic transmission, but the failure to deliver an originally executed copy does not affect the validity, enforceability or binding effect of this Agreement. The Purchaser, in submitting this offer, acknowledges that there has been no promise or representation or assurance given to the Purchaser that any of the terms and conditions in this offer are or will be acceptable to the Vendor. [no further text on this page] Page 40 of 107 - 12 - IO APS Template for Relief from Forfeiture –November 2020 OFFERED BY the Purchaser this ______day of ________________________, 202____. THE CORPORATION OF THE TOWN OF TILLSONBURG Per: Name: Title: Per: Name: Title: I/We have authority to bind the corporation. ACCEPTED BY the Vendor this _______day of ________________________, 202____. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO REPRESENTED BY THE MINISTER OF GOVERNMENT AND CONSUMER SERVICES REPRESENTED BY ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: Name: Adam Carr Title: Vice President, Real Estate Transactions Authorized Signing Officer Page 41 of 107 IO APS Template for Relief from Forfeiture –November 2020 SCHEDULE A LEGAL DESCRIPTION OF LANDS PIN 00019-0598 (LT), being BLOCK 25, PLAN 41M155, TILLSONBURG (the “Lands”) Page 42 of 107 IO APS Template for Relief from Forfeiture –November 2020 SCHEDULE B STATUTORY DECLARATION RE CONFLICT OF INTEREST Canada Province of Ontario TO WIT: ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE MATTER OF THE TITLE TO <> AND IN THE MATTER OF A SALE THEREOF from HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF GOVERNMENT AND CONSUMER SERVICES (the “Vendor”) to <> (the “Purchaser”) I, ___________________, of the __________________, in the Province of Ontario, DO SOLEMNLY DECLARE, that: 1. I am the _____________________{title} of the Purchaser and as such have knowledge of the matters hereinafter declared. 2. The Purchaser and the Vendor are arm’s length parties and the Purchaser has received no special knowledge nor special consideration in entering into an agreement of purchase and sale for the Forfeited Corporate Property (“APS”), which would lead to the presumption that the parties are not arm’s length parties. 3. There are no outstanding legal disputes or actions between the Vendor and the Purchaser. 4. The Purchaser is not in conflict with the Vendor (or any of its employees) with respect to the purchase of the Forfeited Corporate Property. AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DECLARED by the above-named ) Declarant, before me at the __________ of ) __________, this ) day of , 202___. ) ________________________ ) ) A Commissioner, etc. ) Page 43 of 107 IO APS Template for Relief from Forfeiture –November 2020 SCHEDULE C ACKNOWLEDGEMENT, RELEASE AND INDEMNITY TO: Her Majesty the Queen in right of Ontario as represented by the Minister of Government and Consumer Services (the “Vendor”) RE: <<Purchaser(s) Name>> (the “Purchaser”) purchase from the Vendor of the property legally described as <<Legal Description>>, being <<the whole OR part>> of PIN <<Enter PIN>> (LT) (the “Forfeited Corporate Property”) pursuant to a Transfer Agreement for Forfeited Corporate Property between the Purchaser, as purchaser, and the Vendor, as vendor, accepted <<Date Offer Accepted>>, as may be amended from time to time (the “Purchase Agreement”) In consideration of and notwithstanding the Closing of the Transaction and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged: 1. Unless otherwise defined herein, all capitalized terms used in this Acknowledgement, Release and Indemnity shall have the respective meanings ascribed to them in the Purchase Agreement for Forfeited Corporate Property. For greater clarity, the definitions of “Crown” and “Vendor” under Section 1.01 of the Purchase Agreement apply to this Acknowledgement, Release and Indemnity. 2. The Purchaser hereby accepts the Forfeited Corporate Property in an As Is Where Is condition in accordance with Section 5 of the Purchase Agreement. 3. The Purchaser shall forever release and covenant not to sue the Vendor and its affiliates, subsidiaries, related legal entities, employees, directors, officers, appointees and agents with respect to anything in connection with, arising from or in any way related to: a) the state and quality of title; b) any outstanding arrears of taxes, utilities, common expenses (if applicable) or other monies owing in relation to the Forfeited Corporate Property; and c) the condition of the soil, subsoil, ground and surface water, or any other environmental matters, the condition of the Lands, suitability for development, physical characteristics, profitability, or any other matters in relation to the Forfeited Corporate Property whatsoever, including, without limitation, compliance with Environmental Law, the existence of any Hazardous Substances in, on, under, or emanating from or onto the Forfeited Corporate Property, regardless of whether such environmental conditions or the presence of Hazardous Substances is known or unknown by the Purchaser. The foregoing release and covenant not to sue shall apply to all claims at law or in equity, including, but not limited to, claims or causes of action for personal injury or death, property damage, statutory claims under Environmental Laws and claims for contribution and shall survive and not merge on Closing. 4. Effective as of the Closing Date, the Purchaser accepts and assumes any and all responsibilities and liabilities whether having occurred before or after Closing, arising out of or in any way connected to the Forfeited Corporate Property, including, without limitation: a) the state of repair or the condition of the Forfeited Corporate Property; b) the state and quality of title, occupancy and current use of the Forfeited Corporate Property; c) any non-compliance with Environmental Law or the existence of Hazardous Substances in, on or under the Lands, the Buildings or any structure or paved surface, or in any environmental medium (including, but not limited to, the soil, groundwater, or soil vapour on or under, or emanating from or onto the Forfeited Corporate Property); Page 44 of 107 IO APS Template for Relief from Forfeiture –November 2020 d) any order issued by an Authority in connection with the condition of the Forfeited Corporate Property; or e) any loss, damage, or injury caused either directly or indirectly as a result of the Condition of the Forfeited Corporate Property. 5. The Purchaser confirms that all representations, warranties and covenants provided by the Purchaser in the Purchase Agreement shall not merge on the completion of the Transaction, but shall survive, remain in full effect and be binding upon the Purchaser. 6. The Purchaser shall be responsible for and hereby agrees to release, indemnify, defend and save harmless, effective on and after the Closing Date, the Vendor from any actions, liabilities from any and all costs (including legal, consultant and witness costs and fees), claims, demands, actions, prosecutions, administrative hearings, fines, losses, damages, penalties, judgements, awards (including awards of costs) and liabilities (including sums paid in settlement of claims) that may arise as a result of, or connected with the Forfeited Corporate Property, including those matters set out in the foregoing paragraphs whether having occurred before or after Closing. 7. If the Purchaser is a body corporate, the Purchaser represents and warrants to the Vendor that: a) all corporate action to authorize the execution and delivery of the Purchase Agreement (and all agreements to be delivered by the Purchaser pursuant to the Purchase Agreement to which the Purchaser is a party (collectively, “Associated Agreements”)) has been taken in accordance with the Purchaser’s constating documents or statutes, as the case may be; b) the Purchase Agreement and all Associated Agreements have been duly and validly executed and delivered by the Purchaser; and c) the Purchase Agreement and all Associated Agreements constitute legal, valid and binding obligations of the Purchaser enforceable against the Purchaser in accordance with the respective terms of the Purchase Agreement and all Associated Agreements 8. Unless otherwise defined herein, all capitalized terms used in this Acknowledgement, Release and Indemnity shall have the meaning ascribed to them in the Purchase Agreement. 9. This Acknowledgement, Release and Indemnity shall not merge on Closing but shall survive the Closing Date and remain a continuing obligation of the Purchaser. 10. This Acknowledgement, Release and Indemnity shall be binding upon the heirs, successors and permitted assigns of the Purchaser and shall enure to the benefit of the Vendor and its respective successors and assigns. [NTD: sign below if the Purchaser is an individual] DATED as of the ________ day of <<Month>>, <<Year>>. ) ) ) ) ) ) ) _______________________ ) _________________________ Witness name: ) Name: Page 45 of 107 IO APS Template for Relief from Forfeiture –November 2020 [NTD: sign below if the Purchaser is a corporation] DATED as of the ________ day of <<Month>>, <<Year>>. <<PURCHASER(S) NAME>> Per: Name: <<Individual Signing Documents for Corporation>> Title: <<Title>> Per: Name: <<Individual Signing Documents for Corporation, if there is a second person>> Title: <<Title>> I/We have the authority to bind the corporation. Page 46 of 107 Page 1 of 2 Subject: 2021 Council Remuneration & Expenses Report Report Number: FIN 22-09 Department: Finance Department Submitted by: Renato Pullia, Interim Director of Finance / Treasurer Meeting Type: Council Meeting Meeting Date: Tuesday, April 19, 2022 RECOMMENDATION THAT Council receives report FIN 22-09, 2021 Council Remuneration & Expenses Report as information. BACKGROUND Section 284 of the Municipal Act, 2001, requires that the Treasurer of a municipality shall each year provide to the Council of the municipality an itemized statement of the remuneration and expenses paid in the previous year to:  Each member of Council in respect of his or her services as a member of the Council or any other body, including a local board, to which the member has been appointed by Council or on which the member holds office by virtue of being a member of Council;  Each member of Council in respect of his or her services as an officer or employee of the municipality or other body; and  Each person, other than a member of Council, appointed by the municipality to serve as a member of any body, including a local board, in respect of his or her services as a member of the body. Although there are other members of the Police Services Board, since they are Provincial appointees, their remuneration and expenses are not reported under the Municipal Act. Page 47 of 107 FIN 22-09, 2021 Council Remuneration & Expenses Report Page 2 of 2 DISCUSSION The information for this report is in accordance with By-law 4207, a By-law to Establish the Rate of Remuneration for Members of Council for the 2018-2022 Term of Council, by By-law 4245, a By-law to amend By-law 4207 Rate of Remuneration for 2018-2022 Term of Council, and by Policy 2-008, Council Expense Policy. FINANCIAL IMPACT/FUNDING SOURCE The attached document summarizes the remuneration, conference, seminar and expenses paid to Councillors in the 2021 fiscal year totalling $171,875 (2020 - $181,386; 2019 - $187,785). CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☒ Not Applicable Does this report relate to a specific strategic direction or project identified in the Community Strategic Plan? Please indicate section number and/or any priority projects identified in the plan. Goal – N/A Strategic Direction – N/A Priority Project – N/A ATTACHMENTS Appendix A – 2021 Statement of Council Remuneration & Expenses Page 48 of 107 Appendix A, FIN 22-09 COUNCIL REMUNERATION & EXPENSE REPORT For the Year Ended December 31, 2021 POLICE MEETING SERVICES HYDRO EXPENSES REMUNERATION PER DIEM BOARD BOARD PAID TOTAL Mayor Molnar 39,563.32$ 640.00$ 4,053.04$ 6,456.40$ 4,199.56$ 54,912.32$ Deputy Mayor Beres 19,764.38$ 247.25$ 20,011.63$ Councillor Esseltine 18,423.94$ -$ 18,423.94$ Councillor Rosehart 18,423.94$ 4,053.04$ -$ 22,476.98$ Councillor Gilvesy 18,423.94$ 407.04$ 18,830.98$ Councillor Luciani 18,423.94$ -$ 18,423.94$ Councillor Parker 18,423.94$ 371.42$ 18,795.36$ 151,447.40$ 640.00$ 8,106.08$ 6,456.40$ 5,225.27$ 171,875.15$ Page 49 of 107 Page 1 of 2 Subject: Tender Results – Grass Cutting Contract Report Number: RCP 22-09 Department: Recreation, Culture & Parks Department Submitted by: David Drobitch – Manager of Parks and Facilities Meeting Type: Council Meeting Meeting Date: Tuesday, April 19, 2022 RECOMMENDATION THAT Council receive and approve bid from GLC Property Maintenance of Delhi, Ontario for the Town of Tillsonburg’s Grass Cutting Contract for mowing Zones 1 to 4, in the amount of $66,228 (2022); $67,572.96 (2023), and $68,924.52 (2024), exclusive of applicable taxes; and THAT the Mayor and Clerk be authorized to execute the Contract. BACKGROUND The purpose of this report is to provide Council with a summary of bid submissions for the multi-year Grass Cutting Contract, and to recommend the award of Contract to the successful Bidder. DISCUSSION Tenders were issued in accordance with the Town’s Purchasing Bylaw 2020-070. Ten (10) Bidders submitted pricing for the multi-year Grass Cutting Contract; with one (1) bidder being disqualified. The results of the qualifying bids are included as Attachment 1. Bidders had the opportunity to submit pricing on all or any of the six (6) zones identified in the specifications. The Tender was designed in this manner to provide opportunities for multiple zone award for smaller companies or if financially advantageous to the Town, the full award could also be recommended. The recommendation of this Report is based on a combination of pricing, performance and reference verification. At this time, Staff recommend that the contract be awarded to GLC Property Maintenance of Delhi, Ontario for Zones 1, 2, 3 and 4. Staff in RCP and Operations / Public Works have worked together to find operational efficiencies in mowing operations across Town. This culminated receiving bids for Page 50 of 107 RCP 22-09 Page 2 of 2 additional areas that fall under Public Works and it is RCPs understanding that, if the Operations Department deems these bids advantageous to the Town, a further Report will be brought to Council. We have evaluated all bids to ensure full compliance with our Purchasing Policy. This collaboration was highly successful and will not only result in operational and financial advantages but will also result in a higher level of service standards for our community. Council is reminded that as our Town continues to grow and new parkland assets are added to our inventory, costs can be expected to increase outside of normal cost of living adjustments. This contract will provide the mechanism to adjust annually without the need for re-tendering. CONSULTATION This report has been prepared in consultation with, The Director of RCP, the Manager of Parks & Facilities, the Director of Operations, the Manager of Public Works, the Director of Finance and the CAO. FINANCIAL IMPACT/FUNDING SOURCE The 2021 RCP Cost for Contractor Mowing was $120,283.52 plus applicable taxes. By comparison, the 2022 bid price for comparable areas covered by Zones 1 to 4 is projected to be $66,248 plus applicable taxes for 2022. The total cost of the Contract, payable over the next three years as noted, amounts to $202,745.48. The 2022 costs can be covered from within this year’s Operating Budget and will be adjusted in future budget years accordingly. A breakdown of costs for each individually-bid Zone is included in the attachments. CORPORATE GOALS How does this report support the corporate goals identified in the Community Strategic Plan? ☐ Lifestyle and amenities ☐ Customer service, communication and engagement ☐ Business attraction, retention and expansion ☐ Community growth ☐ Connectivity and transportation ☒ Not Applicable ATTACHMENT Appendix A - Mowing Pricing Summary, Zones 1-4 Appendix B- Mowing Zone Descriptions Page 51 of 107 Mowing RFP Annual Pricing Summary Year Mountainview CS Landscaping Varga D & D GLC Doxtator Natures Choice Talis McLellan 1 $220,500.00 $255,388.00 $168,000.00 $0.00 $66,248.00 $169,400.00 $74,646.04 $103,040.00 $240,415.00 2 $226,660.00 $255,388.00 $184,800.00 $0.00 $67,572.96 $169,400.00 $74,646.04 $103,040.00 $248,829.56 3 $230,300.00 $255,388.00 $203,280.00 $0.00 $68,924.52 $170,800.00 $74,646.04 $103,040.00 $257,538.68 # Zones Bid 4 4 1 0 4 3 4 4 4 (of 4 zones) Top Three Per-Cut Price Ranking by Zone for Year 1 (encompasses all bids by zone): Rank Rank Rank Zone 1 Price 2 Price 3 Price 1 GLC $420.00 Nat Choice $1,050.00 McLellan $1,135.00 2 GLC $668.00 Nat Choice $910.00 Doxtator $1,270.00 3 GLC $584.00 Nat Choice $985.00 McLellan $1,065.00 4 GLC $694.00 Nat Choice $735.00 McLellan $1,435.00 Total Per Cut $2,366.00 $3,680.00 $4,905.00 x 28 weeks $66,248.00 $103,040.00 $137,340.00 Page 52 of 107 Mowing Zones: Zone 1: Westmount Park, Oak Park, Trottier Park, Participark (Concession to John Pound), Glendale Park, Southridge Park, Langrell Parkette (added in 2022), Wilson Av Greenspace (formally added in 2022). Zone 2: Cadman Park, Elliot Fairbairn, Oxford Parkette, Mineral Springs (added in 2022), Tillsonburg Town Centre, Cranberry Park, Gyulveszi Park, Northcrest Parkette (new / added in 2022), Bobolink Greenspace. Zone 3: Lake Lisgar Waterpark and surrounding space, Dog Park, Customer Service Centre, Bert Newman Park and (added 2022) Lisgar Av Boulevard, Annandale House, Coronation Park, Veteran’s Trail (Rolph St to bridge), Veterans Trail (Wilson St to Howe St). Zone 4: Memorial Park (North End), Memorial Park (south end), Optimist Park, Tillsonburg Community Centre, OPP & Fire Stations, Station Arts, Annadale Fields (non-ballfield areas). Zone 5: Tillsonburg Airport Zone 6: Municipal Lots 1B, 2B, 3A, 3B, 4B, 5B, 6A, Keating Lane, Brock/Harvey Parkette, Bloomer & Van St Pedestrian Bridge Area, 3 George St Roadway Right of Way. NOTES RE: Changes from 2019-2021. A: Items noted above. B: RCP Staff will now be mowing the ballfields directly. C: Zones 5 & 6 previously done by Public Works staff; and these areas added in collaboration with the Operations Department Page 53 of 107 Page 1 of 3 The Corporation of the Town of Tillsonburg Affordable and Attainable Housing Advisory Committee March 23, 2022 4:15 p.m. Electronic MINUTES Present: Gary Green, Chris Parker (Chair), Suzanne Renken, Dane Willson, Mayor Stephen Molnar, Councillor Penny Esseltine, Lisa Lanthier, Rebecca Smith, Elyse Pelland Absent with Regrets: Cedric Tomico Also Present: Kyle Pratt, Chief Administrative Officer Kennedy Atkinson, Acting Executive Assistant Cephas Panschow, Development Commissioner 1. Call to Order The meeting was called to order at 4:16 p.m. 2. Adoption of Agenda Resolution #1 Moved by: Suzanne Renken Seconded by: Rebecca Smith It was requested that item 5.4 Discussion of RFP for expression of interest for affordable housing in Woodstock be added to the agenda. THAT the Agenda as amended for the Affordable and Attainable Housing Advisory Committee meeting of March 23, 2022, be adopted. Page 54 of 107 Page 2 of 3 CARRIED 3. Minutes of the Previous Meeting Resolution #2 Moved By: Councillor Penny Esseltine Seconded By: Gary Green THAT the minutes as prepared for the Affordable and Attainable Housing Advisory Committee meeting of March 23, 2022, be adopted. CARRIED 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5. General Business and Reports 5.1. Oxford County Housing Master Plan – Rebecca Smith provided an update on the Oxford County Housing Master Plan. The properties submitted will be evaluated in the Housing needs assessment. 5.2. Staff Housing Recommendations for Local Consideration – It was requested that this spreadsheet include columns for the Committee to enter their recommendations on what relates most to Tillsonburg. 5.3. Tillsonburg Letter to MMAH Re Report of the Ontario Housing Affordability Task Force – The Committee thanked the Mayor for sending this letter. 5.4. Discussion of RFP for expression of interest for affordable housing in Woodstock – Rebecca Smith provided an update on two expression of interests in Woodstock. 6. Round table The Committee discussed NDP’s latest announcement. The Committee discussed the Rotary club of Woodstock and micro housing. Page 55 of 107 Page 3 of 3 Gary Green asked about private developers having affordable housing implemented in their development. Rebecca Smith left this meeting at 5:10 p.m. Dane Willson left this meeting at 5:12 p.m. 7. Next Meeting April 26, 2022 8. Adjournment Resolution #3 Moved by: Gary Green Seconded by: Suzanne Renken THAT the March, 23, 2022 Affordable and Attainable Housing Advisory Committee meeting be adjourned at 5:15 p.m. CARRIED Page 56 of 107 Page 1 of 4 The Corporation of the Town of Tillsonburg Tillsonburg Airport Advisory Committee February 17, 2022 5:30 p.m. Electronic Meeting MINUTES Present: David Brandon, Dan Cameron, Emily Crombez, Councillor Gilvesy, Mark Renaud and Valerie Durston, Jeff Miller Absent with Regrets: Euclid Benoit, Jeff Dean Also Present: Carlos Reyes, Director of Operations and Development Richard Sparham, Manager of Public Works Lisa Davidson, Loomex Tracy Hird, Public Works Co-ordinator 1) Call to Order The meeting was called to order at 5:30 p.m. 2) Adoption of Agenda Resolution #1 Moved by: Jeff Miller Seconded by: Valerie Durston THAT the Agenda as prepared for the, February 17, 2022, be adopted. Carried 3) Minutes of the Previous Meeting Resolution #2 Moved by: Deb Gilvesy Page 57 of 107 Page 2 of 4 Seconded by: Dan Cameron THAT the Minutes of the Tillsonburg Airport Advisory Committee meeting dated January 20, 2021, be approved. Carried 4) Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. 5) General Business and Reports a) Updated DRAFT Operating Reports - Staff Staff has circulated the operating reports. It was recommended for staff to review the reports again as there is some information that is not pertaining to the Tillsonburg Airport. Once they have been updated they should be re-circulated to the committee for review. b) Hangar Updates – Staff Staff reported that they have received two new applications for two hangars located between G1 and G2. The applications are currently being reviewed by the Chief Building Inspector. He will be providing comments or approval hopefully by the end next week. It was commented that the new application process is already not being followed as the 10 day response period deadline from staff has exceeded gain. Staff indicated that the application was submitted to the Airport Manager and not submitted to the CBO until last week. Going forward, all applications will be sent to a general group email address that will be sent to all required staff. It is working with staff to get this email address up and running. Staff will discuss this process again before next meeting. There may be new software coming in the near future for a tracking mechanism. Until there is a new Airport Manager, emails can be sent to the Manager of Public Works for questions or to forward confidential information. c) Master Plan Update – Staff  Update on Hydro Supply Staff indicated that ERTH has requested Autocad files that will be sent through. No timeline has been provided. It is progressing slowly due to the winter season. Page 58 of 107 Page 3 of 4  Taxiway Construction Update Nothing has been advanced at this point due to the weather conditions. Staff is confident the work will be complete by the deadline. Asphalt will be installed by May or June.  Airport Fence and Gate Installation Staff is proceeding with the Contractor. Locations will be staked out in the next week or two to prepare for locates. Project will be complete by the deadline.  End of Runway Trees – Staff Staff is currently working on the scope of work and will connect with Jeff Miller offline to get his opinion and input. We may need to go out for an RFQ for stump removal. Staff met with the owners of the trees beyond Town property in June or July last year and started negotiations. Staff has more investigation work that needs to take place to see if the land will be available for farming. Staff commented that the first priority is to take care of the trees within our property. This will also provide us with information as to why the land is so wet. Staff will reach out to the LPRCA to assist in inspecting the trees. d) RATI Funding Update No new information. It was questioned if the ramp is going to be expanded. Staff stated it will be based on available budget is available. e) Safety Spreadsheet – Staff Concerns regarding snow removal operations were not acceptable. Staff researched the contract and communicated with the contractor. Through these consultations with the contractor, the committee was informed that snow removal at the airport has been initiated on an on-call basis. The Town does not have a set service level stated in the contract. Staff commented that costs will increase by changing the contract. Staff recommended the issue be investigated and brought forward prior to the next winter season. Loomex offered to provide winter maintenance training to the current winter maintenance contractors. Committee members agreed that going forward it should be an annual training event. f) Fuel Sales and Airport Movement - Staff Page 59 of 107 Page 4 of 4 Staff presented the current data of Fuel Sales and Airport Movements. 6) New Business  David Brandon has a signed offer for purchase of the flight school. The purchaser is the former manager of the Waterloo Flight Center. He believes he is an excellent candidate for the purchase. The proposed closing date is April 1st, 2022.  Mark Renaud expressed disappointment that Oxford County is not providing any funding to the airport in 2022 as it is an important piece of infrastructure to the County. 7) Next Meeting March 31st, 2022 at 5:30 p.m. 8) Adjournment Resolution #3 Moved by: Emily Crombez Seconded by: Jeff Miller THAT the February 17th, 2022 Tillsonburg Airport Advisory Committee meeting be adjourned at 6:42 p.m. Carried Page 60 of 107 Tillsonburg 150 Ad-Hoc Committee Minutes, April 5, 2022 Page 1 of 4 The Corporation of the Town of Tillsonburg Tillsonburg 150 Ad Hoc Committee April 5, 2022 4:30 p.m. Hybrid Meeting MINUTES Present: Chair Joan Weston, Deputy Mayor Dave Beres, Aleksandra Webber, Rosemary Dean, Courtney Booth, Christine Wade Absent with Regrets: Collette Takacs, Staff Also Present: Margaret Puhr- Administrative Assistant – Recreation, Culture & Parks Patty Phelps- Culture and Heritage Manager/Curator Gina Armand - Records & Legislative Coordinator 1. Call to Order The meeting was called to order at 4:34pm by Chair Joan Weston 2. Adoption of Agenda Resolution #1 Moved by: Rosemary Dean Seconded by: Aleksandra Webber THAT the Agenda as amended for the Tillsonburg 150 Ad-Hoc Committee meeting of April 5, 2022, be adopted. Carried 3. Minutes of the Previous Meeting March15, 2022 Committee Minutes – No errors or omissions 4. Disclosures of Pecuniary Interest and the General Nature Thereof Page 61 of 107 Tillsonburg 150 Ad Hoc Committee Minutes, April 5, 2022 Page 2 of 4 No disclosures of pecuniary interest were declared 5. General Business and Reports 5.1. Committee Vacancy Update The present Chair Joan Weston thanked Christine Wade for her hard work and dedication as she steps down as Chair. Christine will continue on as a member of the Committee. 5.2. Media Plan Discussions on Media Plan:  Press release May 2, 2022.  Save the Date Cards to be issued with May 5, 2022 newspaper.  Broadway banners to be installed the week of May 16-20, 2022.  Signs and posters to be erected May 2, 2022 with the Save the Date card.  QR codes and poster ads in storefront windows. Installed May 16, 2022  Full page ad in paper promoting event starting May 2, 2022  The BIA is interested in assisting in anyway possible with the event  Ad to run on Norfolk and Tillsonburg news on June 23, 2022 & June 30, 2022. Ad to also run on Norfolk and Tillsonburg Town’s pages May 5-June 30, 2022  Social media ads starting on May 2, 2022. Sprout Social will be used to link platforms such as the Town’s Website, Town’s Facebook Page, Museum’s Facebook Page, BIA’s Facebook page, Town’s Twitter account, Museums Twitter account, and the Museum’s Instagram account  Radio adverts will be discussed once all other advertising has been accounted for due to budget 5.3. Choice of Souvenirs Committee members discussed choice of souvenirs to sell at the event. The general consensus for each choice was as follows:  Water bottle- Nay  Balloons- Yay  Bottle Opener-Yay  Wine glass with lid- Yay  Beer pint- Yay on the first option  Camper Mug-Yay Page 62 of 107 Tillsonburg 150 Ad Hoc Committee Minutes, April 5, 2022 Page 3 of 4  Playing cards- Yay  Frisbee with Town logo- Nay  Keychain- Yay to sell for $5.00 not $10.00  Soft cover journal- Yay  Multi-tool- Yay on the second option  Shopping tote bag- Yay on second option  Christmas ornament- Yay  Children’s Stuffed toys- Yay Deputy Mayor Dave Beres joined the meeting at 5:10pm Discussion to have lanyards as a souvenir or a giveaway to volunteers. Members decided to hand lanyards out as a gift to volunteers. A quantity of 100 was recommended to purchase. Committee members suggested dropping a few of the items to accommodate Christmas ornament quote. To be discussed next meeting. 5.4. Tillsonburg 150 Events Review & Implementation Parade has been booked. Follow up needed in regards to what acts are booked. Whisky Jack to start at 8pm and are happy with the equipment that the Town has provided. Paragraph on time capsule to be sent to Chair for review. To be advertised via newspaper, online, social media, and posters. BIA to help advertise. Time capsule will arrive on April 8, 2022 without etching and is to be stored at the Museum or until further notice. Kinsmen Club to start at 6pm, end time TBD.and provide beer tent, food truck, alcohol, porta-potties, 2 security guards and fencing around beer tent. Kinsmen looking to obtain permit for Saturday night. Lion`s Club to provide food and refreshments after the parade up until 6pm or longer if needed. Kinsmen to inquire about Town of Tillsonburg’s Alcohol Policy. The cost of porta-potties for Saturday night and who will cover this cost, to be discussed Kids Zone contracts in place. The bouncy castle is TSSA approved. Dunk Tank to be set up near Pavilion. Town has okayed the use of the water tap for filling process. Museum will have balloons and face painting. Variety Show may not be an option. Reptile Show may replace Variety Show. To be discussed at next meeting. 5.5. Volunteer Recruitment Page 63 of 107 Tillsonburg 150 Ad Hoc Committee Minutes, April 5, 2022 Page 4 of 4 Volunteers for stage set up are confirmed. Two volunteers are needed for Parade to hold the banner. Various volunteers are still needed. Ad in Glendale High School Facebook page will be made. To be discussed in more detail next meeting. 5.6. Rain Date To be discussed at next meeting due to time constraints 6. Next Meeting April 14, 2022 at 4:30 p.m. 7. Adjournment Resolution #2 Moved by: Rosemary Dean Seconded by: Courtney Booth THAT the April 5, 2022 Tillsonburg 150 Ad-Hoc Committee meeting be adjourned at 5:56pm. Carried Page 64 of 107 Page 1 of 4 The Corporation of the Town of Tillsonburg Parks, Beautification and Cemeteries Advisory Committee April 7, 2021 9:00 a.m. Council Chambers MINUTES Present: Barb Wareing. Mike Dean, Donna Scanlan, Christine Nagy, Paul DeCloet, Susan Saelens, Marian Smith, Robert Verhoeve Absent with Regrets: Ken Butcher Also Present: Penny Esseltine, Dave Drobitch, Christopher Baird, Margaret Puhr 1. Call to Order The meeting was called to order at 9:00 a.m. 2. Adoption of Agenda Resolution #1 Moved by: Susan Saelens Seconded by: Mike Dean THAT the Agenda as revised for the Parks, Beautification& Cemeteries Advisory Committee meeting of April 7, 2022, be adopted. Carried 3. Minutes of the Previous Meeting 4. Disclosures of Pecuniary Interest and the General Nature Thereof There were no disclosures of pecuniary interest declared. Page 65 of 107 Page 2 of 4 5. General Business and Reports 5.1. Memorial Tree and Bench Program – Dave Drobitch – the current memorial stones present some issues with vandalism and maintenance; as well the general organization of the planting of the trees should be a part of a greater tree/forestry program. Therefore the proposal is to have a centralized memorial wall for all the memorial trees in a location that is appropriate. The current rocks can be given to the family. Committee members discussed and support the idea of centralized recognition of the trees, perhaps in more than one area, and management of the memorial program as a part of forestry plan. Robert suggested trying to contact the current families of the stones - pertaining to spiritual aspects of the stones. Choice of getting stone back or centralized location for current stones. Members also support a clear communication plan as first step in making the transition. 5.2. Horticultural Society MOU – Chris Baird suggested that it would be a good idea to have a MOU to recognize and formalize the relationship between the Town and the Horticultural Society, as is done with other partner groups. Christine has received a draft MOU to review with the Society and will be bringing it back at later date. This will assist in recognizing the contributions as well as informing the budget process. Currently the society is providing beautification at several locations as well as contributing to Broadway Oxford beautification program. 5.3. Oxford-Broadway beautification plans – council allocated extra $800.00 for the Tillsnburg 150 year to add to downtown beautification, Dave met with the Horticultural Society to develop a plan for the several areas, each section will have a plaque for the 150 celebration. The predominant colour this year will be red. 5.4. Review of PB&C Terms of Reference Proposed Resolution #2 Moved by: Christine Nagy Seconded by: Paul DeCloet Page 66 of 107 Page 3 of 4 THAT in accordance with Section 6.0 of the Parks, Beautification and Cemetery Advisory Committee’s Terms of Reference, Mr. Robert Marsden’s seat be declared vacant due to unexplained absence of three or more consecutive meetings; and THAT the Clerk be requested to advertise for a replacement member at the earliest opportunity. Carried. The committee would like to send a thank you letter to Bob. 5.5. Committee composition discussion Proposed Resolution #3 Moved by: Christine Nagy Seconded by: Susan Saelens THAT the Parks, Beautification and Cemetery Advisory Committee recommends that Council amend their Terms of Reference to reflect a name change to the Parks & Beautification Advisory Committee; and THAT the revised Parks & Beautification Advisory Committee shall have a minimum of five (5) and a maximum of seven (7) members including one (1) Council liaison in total. THAT Council consider the creation of a new Terms of Reference for a Cemetery Advisory Committee to be composed of three (3) industry representatives with a staff and Council liaison and members of the community. Carried. 5.6. Round table – members are very pleased to meet in person, lots of difficulty meeting electronically. Penny would like to see the Kiwanis sign removed from the Coronation Park. Mike Dean can store the sign should there be a Kiwanis club in town again. Dave would like to remove the design concept sign that is near the outdoor rink. Susan would like to have more work done at the Memorial park. Chris thanked the members of the committee for perseverance during covid and everyone’s efforts to keep the town nice. Chris also described progress of the splash pad and indoor pool renovation projects. Page 67 of 107 Page 4 of 4 6. Next Meeting May 5th at 9:00 a.m., TBD 7. Adjournment Resolution #3 Moved by: Marian Smith Seconded by: Mike Dean THAT the April 7, 2022 Parks, Beautification & Cemeteries Advisory Committee meeting be adjourned at 10:05a.m. Carried Please contact the Staff Liaison listed below to gain access to this electronic meeting: Contact Margaret Puhr mpuhr@tillsonburg.ca 519-688-3009 ext.4202 Page 68 of 107 Culture, Heritage & Special Awards Advisory Committee, April 6, 2022 Page 1 of 3 The Corporation of the Town of Tillsonburg Cultural, Heritage & Special Awards Committee April 6, 2022 4:30 p.m Hybrid MINUTES Present: Vice Chair-Carrie Lewis Courtney Booth, Nisha Khan, Rosemary Dean, Councillor Penny Esseltine, Jason Pankratz Absent with Regrets: Collette Takacs, Tabitha Verbuyst Staff Present: Patty Phelps- Culture & Heritage Manager/Curator Gina Armand-Records & Legislative Coordinator 1. Call to Order The meeting was called to order at 4:35 p.m. by the Vice Chair-Carrie Lewis 2. Adoption of Agenda Proposed Resolution #1 Moved by: Jason Pankratz Seconded by: Nisha Khan THAT the Agenda as prepared for the Culture, Heritage and Special Awards Advisory Committee meeting of April 6, 2022, be adopted. Carried. 3. Previous Minutes Committee Minutes March 2, 2022: Patty Phelps needs to be added to the March 2, 2022 minutes as she was in attendance. Page 69 of 107 Culture, Heritage & Special Awards Advisory Committee, April 6, 2022 Page 2 of 3 4. Disclosures of Pecuniary Interest and the General Nature Thereof No disclosures of Pecuniary Interest were disclosed. 5. Closed Session Proposed Resolution #2 Moved by: Rosemary Dean Seconded by: Penny Esseltine THAT the Culture, Heritage and Special Awards Advisory Committee move into Closed Session to consider two personal matters about identifiable individuals, including municipal or local board employees; under Section 239 (2)(b) of the Municipal Act. 5.1. Adoption of the Closed Session Agenda 5.2. Disclosures of Pecuniary Interest and the General Nature Thereof 5.3. Closed Session Items 5.3.1. Section 239 (2) (b) personal matters about identifiable individuals, including municipal or local board employees; Carried. 6. Presentations 7. General Business & Reports 7.1. Heritage Register Listings Homework Discussion regarding guidelines for listings. Committee members agreed to keep the listings short and simple in order to accommodate as many listings as possible. The Museum’s write up is getting a lot of attention. Discussions on format for listings. Committee members discussed who will take on certain tasks and the write-ups for each listing. Listings include:  Indian Native Village  Antiaircraft Gun  The Legion  The Ruins of Lake Joseph’s Dam  Lake Lisgar & surrounding area  Boat Launch  Gibson House  Rotary Clock Tower  Memorial Arena  Interior of Crystal Palace Page 70 of 107 Culture, Heritage & Special Awards Advisory Committee, April 6, 2022 Page 3 of 3  Masonic Temple  Odd Fellas Lodge  St. Andrew’s Presbyterian Church  St. John’s Anglican Church  Mineral Springs/Sulphur Springs  Coronation Park  Participark  Memorial Park Committee members will have these listings ready and proofread prior to Council’s review. Courtney Booth joined the meeting at 4:57pm 7.2. Tillsonburg 150 Committee Update The Committee’s Liaison, Gina Armand, updated the members of the new Chair for Tillsonburg’s 150 Committee. 8. Next Meeting Wednesday, May 4, 2022 at 4:30 p.m. 9. Adjournment Proposed Resolution #3 Moved by: Courtney Booth Seconded by: Nisha Khan THAT the April 6, 2022 Culture, Heritage and Special Awards Advisory Committee meeting be adjourned at 5:29 p.m. Carried. Page 71 of 107 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Annual General Meeting Minutes of March 4, 2022 Approved April 6, 2022 The Board of Directors Annual General Meeting was held via videoconference, on Friday, March 4, 2022 pursuant to section C.9, of the LPRCA’s Board of Directors Administrative By-Law. Members in attendance: John Scholten, Chair Township of Norwich Michael Columbus, Vice-Chair Norfolk County Dave Beres Town of Tillsonburg Robert Chambers County of Brant Valerie Donnell Municipality of Bayham/Township of Malahide Tom Masschaele Norfolk County Stewart Patterson Haldimand County Ian Rabbitts Norfolk County Peter Ypma Township of South-West Oxford Regrets: Kristal Chopp Norfolk County Ken Hewitt Haldimand County Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Zachary Cox, Marketing Coordinator Dana McLachlan, Executive Assistant 1. Welcome and Call to Order Chair, John Scholten, called the meeting to order at 1:30 p.m. and read the following statement. The Chair advised that the meeting was video/audio recorded and live-streamed through the LPRCA YouTube channel. 2. Declaration of Conflicts of Interest None were declared. 3. Additional Agenda Items There were no additional agenda items. Page 72 of 107 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 2 - 4. Minutes of the Previous Meeting a) Special Board of Directors Meeting of February 23, 2022 There were no questions or comments. A-31/22 Moved by R. Chambers Seconded by P. Ypma That the minutes of the Board of Directors Meeting held February 23, 2022 be adopted as circulated. Carried 5. Business Arising There was no business arising from the previous minutes. 6. Chair’s Remarks Chair, John Scholten, thanked Michael Columbus, former LPRCA Chair, for his leadership and dedication to the organization this past year. He also thanked the members of the Board, the Lee Brown Marsh Management Committee, and the Backus Museum committee for their contributions and support. COVID-19 was again a factor in 2021 operations. Despite the challenges, the staff achieves many milestones in 2021, including various parks enhancements, and improved turn-around times for the permitting process. 7. Audit and Finance Committee The Chair called upon Dave Beres, Chair of the Audit and Finance Committee to present the committee report. After introducing Ashley Didone, Audit Partner of MNP, Audit and Finance Committee Chair Beres reported that the Committee met on February 18, 2022 and received and reviewed the financial statements in detail. MNP issued a clean opinion of the Authority’s 2021 financial reports and found that the financial statements fairly presented the Authority’s position. A–32/22 Moved by T. Masschaele Seconded by V. Donnell Page 73 of 107 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 3 - THAT the minutes of the LPRCA Audit and Finance Committee’s meeting held February 18, 2022 be adopted as circulated. Carried A–33/22 Moved by S. Patterson Seconded by I. Rabbitts THAT the LPRCA Board of Directors approves the financial statements for the year ended December 31st, 2021 audited by MNP, LLP, Chartered Accountants. Carried A–34/22 Moved by P. Ypma Seconded by V. Donnell THAT the LPRCA Board of Directors receives the LPRCA 2021 Audit Findings Report from MNP, LLP Chartered Professional Accountants. Carried A–35/22 Moved by M. Columbus Seconded by T. Masschaele THAT the LPRCA Board of Directors approves the appointment of MNP, LLP Chartered Accountants as LPRCA’s auditors for the 2022 fiscal period. Carried 8. Notice of Formal Motions a) Designate Signing Officers A-36/22 Moved by D. Beres Seconded by I. Rabbitts That the LPRCA Board of Directors approves the Chair, Vice-chair, General Manager, and Manager of Corporate Services as designated signing officers for Authority business for the year 2022. Carried b) Borrowing A-37/22 Moved by V. Donnell Seconded by S. Patterson Page 74 of 107 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 4 - That the LPRCA Board of Directors authorizes the Chair or Vice-Chair and the General Manager or Manager of Corporate Services to borrow funds as required for the day-to- day operations of the Authority. Carried c) Designate Conservation Ontario Council Representatives A-38/22 Moved by T. Masschaele Seconded by D. Beres That the LPRCA Board of Directors designates the Authority Chair as the Authority’s representative to Conservation Ontario (CO), with the Vice-Chair designated as alternate, AND Further that the General Manager be directed to participate on appropriate committees of CO and be authorized to vote in the absence of the designated representatives. Carried 9. 2021 Annual Report The General Manager presented the 2021 annual report and provided an overview of the year’s activities. Enhanced safety protocols within the parks, initiated in 2020 due to the COVID-19 pandemic, continued throughout 2021. Additional serviced sites were added to the Waterford North Conservation Area, and seven sites were upgraded at Deer Creek Conservation Area. The Planning Department issued 272 permits, and the Flood Forecasting and Warning department issued 11 flood messages. The GM thanked staff, the Board, municipal partners, the various community partners, and customers for their continued support. A-39/22 Moved by P. Ypma Seconded by D. Beres That the LPRCA Board of Directors receives the 2021 Annual Report as information. Carried Page 75 of 107 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 5 - 10. Stewardship Award Presentation Paul DeCloet, nominated by Kristen Bernard of the Nature Conservancy of Canada, was selected as the recipient of the 2021 Long Point Region Conservation Stewardship Award. Paul’s participation in tree planting and restoration projects throughout the watershed has earned him respect and gratitude from his peers, community, and conservation organizations. Thanks to his efforts, well over 100,000 trees have been planted in the area. From 1987 to 1997, Paul was a member of the LPRCA Board of Directors. During his tenure, he sat on many LPRCA committees and served as Vice-Chair in 1992 and as Chair from 1993 to 1996. Mr. DeCloet was unable to attend the meeting and will be presented with his award at a later meeting. 11. Service Awards Presentation The following staff were recognized for reaching service milestones with LPRCA this past year. Leigh-Ann Mauthe, Interim Manager of Watershed Services 5 years Jeff Calliauw, Carpenter, Waterford Workshop 5 years Don Chapman, Support Staff, Norfolk Conservation Area 5 years Frank Schram, Workshop Supervisor 10 years Paul Gagnon, Lands and Waters Supervisor 20 years Bonnie Bravener, Resource Planner 30 years Ginny Van Louwe, Accounting Clerk 35 years 12. New Business a) Dump Truck Tender LP-025-22 No bids were received from the tender. Staff requested quotes from three suppliers and received one quote from Carrier Truck Center Inc. yesterday. New information from Carrier was provided to staff this morning, advising that the price quoted is not guaranteed due to price fluctuations caused by supply chain issues. The price would only be locked-in once the build date is scheduled, which is expected to be in mid-2023. LPRCA is currently without a dump truck and staff requested flexibility to seek further quotes and to proceed with an order if the quote is within budget. Page 76 of 107 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 6 - A-40/22 moved: V. Donnell seconded: P. Ypma THAT the LPRCA Board of Directors does not accept staff’s recommendation, AND THAT the Board directs the GM to seek additional quotes, AND THAT the Board authorizes the General Manager to purchase a dump truck within the approved budget. Carried Member, Robert Chambers announced that former Board Member Sam Lamb recently passed away and offered his condolence. Condolences will be sent by LPRCA on behalf of the Board and staff. 14. Adjournment The Chair adjourned the meeting at 2:15 p.m. _________________________________ ______________________________ John Scholten Judy Maxwell Chair General Manager /dm Page 77 of 107 LONG POINT REGION SOURCE PROTECTION AUTHORITY Virtual Meeting Minutes of April 7, 2021 Approved April 6, 2022 Members in attendance: Michael Columbus, Chair Norfolk County John Scholten, Vice-Chair Township of Norwich Dave Beres Town of Tillsonburg Robert Chambers County of Brant Valerie Donnell Municipality of Bayham/Township of Malahide Stewart Patterson Haldimand County Peter Ypma Township of South-West Oxford Regrets: Kristal Chopp Norfolk County Ken Hewitt Haldimand County Tom Masschaele Norfolk County Ian Rabbitts Norfolk County Guest: Martin Keller, Source Protection Program Manager for the Lake Erie Source Protection Region. Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Ben Hodi, Manager of Watershed Services Zachary Cox, Marketing Coordinator Dana McLachlan, Administrative Assistant 1. Welcome and Call to Order The meeting was called to order at 6:10 p.m. 2. Additional Agenda Items There were no additional agenda items. 3. Disclosures of Conflicts of Interest: None were declared. 4. Approval of Minutes No questions or comments. Page 78 of 107 SOURCE PROTECTION AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma 2 SPA- 1/21 moved: R. Chambers seconded: J. Scholten THAT the minutes of the Long Point Region Source Protection Authority held December 2, 2020 be adopted as circulated. CARRIED 5. Business Arising There was no business arising from the minutes. 6. Correspondence a) Lake Erie Region Source Protection Committee re: Submission of Source Protection Plans Annual Progress Reports (Attachments referred to in this correspondence are included with the report at agenda item 7.a)) No discussion. SPA- 2/21 moved: V. Donnell seconded: P. Ypma THAT the correspondence outlined in the Source Protection Authority Agenda of April 7, 2021 be received as information. CARRIED 7. New Business a) Submission of the 2020 Long Point Region Annual Progress Report and Supplemental Form Staff provided a report for the annual Long Point Region Source Plan due May 1st summarizing the implementation activities for municipal drinking water supplies covered within the plan for the period of January 1 through December 31, 2020. As noted in the correspondence, the Committee’s efforts for completing the plan objectives is progressing well. The Committee noted that the overall progress had improved over the previous year although impeded slightly due to COVID19. Implementation is currently at 68% of Source Protection Plan policies up from 61% in 2019. The Committee did not have any additional comments to include with this submission. Page 79 of 107 SOURCE PROTECTION AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma 3 SPA-3/21 moved: D. Beres seconded: P. Ypma THAT the Long Point Region Source Protection Authority is satisfied that the 2020 Long Point Region Annual Progress Report and Supplemental Form meets the requirements of S.46 of the Clean Water Act, 2006 and any Director’s instructions established under O. Reg. 287/07 S.52.; AND THAT Lake Erie Region staff be directed to submit the 2020 Long Point Region Annual Progress Report and Supplemental Form to the Director of the Source Protection Programs Branch, Ministry of the Environment, Conservation and Parks along with any Source Protection Committee comments, in accordance with S.46 of the Clean Water Act, 2006 and any Director’s instructions established under O. Reg. 287/07 S.52. CARRIED The meeting was adjourned at 6:25 p.m. _______________________________ ________________________________ Michael Columbus Judy Maxwell Chair General Manager/Secretary-Treasurer /dm Page 80 of 107 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022-____ A By-Law to amend Zoning By-Law Number 3295, as amended.( ZN 7-20-06) WHEREAS the Municipal Council of the Corporation of the Town of Tillsonburg deems it advisable to amend By-Law Number 3295, as amended. THEREFORE, the Municipal Council of the Corporation of the Town of Tillsonburg, enacts as follows: 1. That Schedule "A" to By-Law Number 3295, as amended, is hereby further amended by changing to ‘R2-30(H)’, ‘R3-22(H)’, ‘OS1’, & ‘OS2’ the zone symbols of the lands so designated ‘R2-30(H)’, ‘R3-22(H)’, ‘OS1’, & ‘OS2’ on Schedule “A” attached hereto. 2. That Section 7.5 to By-Law Number 3295, as amended, is hereby further amended by adding the following subsection at the end thereof: “7.5.30 LOCATION: PART LOT 1594, PLAN 500, PARTS 1, 2, 5 & 6 OF 41R-8799, PARTS 1 & 2 OF 41R-7400, SOUTH OF BALDWIN STREET AND NORTH OF JOHN POUND ROAD– R2-30 (H) (KEY MAP 28) 7.5.30.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-30 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Table 7.1. 7.5.30.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R2-30 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 7.5.30.2.1 LOT COVERAGE Maximum 50 % 7.5.30.2.2 EXTERIOR SIDE YARD WIDTH Minimum 4.5 m (14.76 ft) 7.5.30.2.3 REAR YARD DEPTH Minimum 6 m (19.68 ft) Page 81 of 107 The Corporation of theTown of Tillsonburg By-law Number 2022-_____ Page 2 7.5.30.3 That all of the provisions of the R2 Zone in Section 7.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 3. That Section 8.6 to By-Law Number 3295, as amended, is hereby further amended by adding the following subsection at the end thereof: “8.6.22 LOCATION: PART LOT 1594, PLAN 500, PARTS 1, 2, 5 & 6 OF 41R-8799, PARTS 1 & 2 OF 41R-7400, SOUTH OF BALDWIN STREET AND NORTH OF JOHN POUND ROAD– R3-22 (H) (KEY MAP 28) 8.6.22.1 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-22 zone use any lot, or erect, alter, or use any building or structure for any purpose except the following: All uses permitted in Table 8.1. 8.6.22.2 Notwithstanding any provisions of this By-Law to the contrary, no person shall within any R3-22 Zone use any lot, or erect, alter, or use any building or structure for any purpose except in accordance with the following provisions: 8.6.22.2.1 LOT COVERAGE Maximum 50 % 8.6.22.2.2 EXTERIOR SIDE YARD WIDTH Minimum 4.5 m (14.76 ft) 8.6.22.2.3 INTERIOR SIDE YARD WIDTH Minimum 1.2 m (3.9 ft) 8.6.22.2.4 REAR YARD DEPTH Minimum 6 m (19.68 ft) 8.6.22.3 That all of the provisions of the R3 Zone in Section 8.2 of this By-Law, as amended, shall apply and further, that all other provisions of this By-Law, as amended, that are consistent with the provisions herein shall continue to apply mutatis mutandis.” 4. This By-Law comes into force in accordance with Sections 34(21) and (30) of the Planning Act, R.S.O. 1990, as amended. Page 82 of 107 The Corporation of theTown of Tillsonburg By-law Number 2022-_____ Page 3 READ A FIRST AND SECOND TIME THIS 19TH DAY OF APRIL, 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 119TH DAY OF APRIL, 2022. _______________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 83 of 107 N11°32'40"W86.09N11°33'30"WN72°20'30"W 26.73 R = 205.37A = 98.46 R = 485.94A = 141.51 N40°19'10"E38.03 N86°17'00"W69.72 N02°30'00"W2.51 N81°44'30"W17.80 N89°53'10"E33.13 N60°24'30"E16.61 N4°38'50"E38.31 J O H N P O U N D R O A D N58°39'00"W26.42 OS1 N83°40'30"E73.79 N07°53'30"W31.10N11°35'20"W 152.43N11°31'50"W115.76N89°53'10"E33.13 13.55N37°43'15"WN58°22'30"W38.2438.93N56°46'35"W N 3 3°2 0'4 0" W 3 8.9 0 N25°26'15"W44.07 N31°20'15"E47.04N21°17'50"W48.64 N 3 9°3 9'0 0" W 1 1 0.8 8 N87°16'20"E13.0459.45N 44°02'50" W 66.83 77.27 N47°08'00"W N46°22'00"W 93.45 N 52° 16'05"E 195.07B ALD W IN STGEORGE ST BRIDLE PATHB O R D EN CRES L O T 1 5 9 4 L O T 6 P L A N 5 0 0 R2-30(H) OS1 R3-22(H)OS1 R2-30(H) R 3-22 (H )S C H EDU L E "A" PT LOT 1594, PLAN 500, PARTS 1 AND 2, REFERENCE PLAN 41R-8799,AND PT OF PART 1, REFERENCE PLAN 41R-7400TOWN OF TILLSONBURG THIS IS SCHEDULE "A" MAYOR CLERK TO BY-LAW No. ________________, PASSED THE __________ DAY OF ____________, 2022 TO BY-LAW No.© 40 0 40 80 12020 METRES AREA OF ZONE CHANGE TO OS1OS1 AREA OF ZONE CHANGE TO R2-30(H)R2-30(H) AREA OF ZONE CHANGE TO R3-22(H)R3-22(H) NOTE: ALL DIMENSIONS IN METRESTHIS BY-LAW IS INTENDED TO ENCOMPASS ALL OF DRAFT PLAN OF SUBDIVISION SB20-02-7. Page 84 of 107 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022-_____ A by-law to authorize the execution of a transfer agreement for Forfeited Corporate Property. WHEREAS The Town of Tillsonburg is desirous of entering into transfer agreement for Forfeited Corporate Property (Relief from Forfeiture) for the lands described as Block 25, Plan 41M155, Tillsonburg, with Her Majesty the Queen in Right of Ontario as Represented by the Minister of Government and Consumer Services; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. THAT the agreement attached hereto as Schedule "A" forms part of this By-Law; 2. THAT the Mayor and Clerk be hereby authorized to execute the attached agreement on behalf of the Corporation of the Town of Tillsonburg; 3. AND THAT this By-Law shall come into full force and take effect after the final passing hereof. READ A FIRST AND SECOND TIME THIS 19TH DAY OF APRIL 2022. READ A THIRD D FINAL TIME AND PASSED THIS 19TH DAY OF APRIL 2022. _______________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 85 of 107 FCP 2021 113 IO APS Template for Relief from Forfeiture –November 2020 HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF GOVERNMENT AND CONSUMER SERVICES as “Vendor” and THE CORPORATION OF THE TOWN OF TILLSONBURG as “Purchaser” TRANSFER AGREEMENT FOR FORFEITED CORPORATE PROPERTY (RELIEF FROM FORFEITURE) Page 86 of 107 IO APS Template for Relief from Forfeiture –November 2020 TABLE OF CONTENTS SECTION 1 DEFINITIONS ......................................................................................................... 1 SECTION 2 AGREEMENT OF PURCHASE AND SALE ............................................................ 3 SECTION 3 PAYMENT OF PURCHASE PRICE ........................................................................ 3 SECTION 4 HARMONIZED SALES TAX ................................................................................... 3 SECTION 5 "AS IS WHERE IS", PURCHASER’S INDEMNITY ................................................ 4 SECTION 6 VENDOR'S CONDITIONS/ SALE APPROVAL ....................................................... 5 SECTION 7 RISK ....................................................................................................................... 6 SECTION 8 ABORIGINAL CLAIMS .......................................................................................... 6 SECTION 9 VENDOR'S WARRANTIES, REPRESENTATIONS AND COVENANTS ................. 7 SECTION 10 PURCHASER'S WARRANTIES, REPRESENTATIONS AND COVENANTS ........ 7 SECTION 11 PREPARATION OF TRANSFER/DEED DOCUMENTS AND FEES/COSTS ......... 8 SECTION 12 ELECTRONIC REGISTRATION .......................................................................... 8 SECTION 13 CLOSING DELIVERABLES.................................................................................. 8 SECTION 14 NOTICE ................................................................................................................ 9 SECTION 15 GENERAL ........................................................................................................... 10 SECTION 16 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT AND OPEN DATA ............................................................................................................................. 10 SECTION 17 ACCEPTANCE PERIOD ..................................................................................... 11 Page 87 of 107 IO APS Template for Relief from Forfeiture –November 2020 TRANSFER AGREEMENT FOR FORFEITED CORPORATE PROPERTY BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF GOVERNMENT AND CONSUMER SERVICES (hereinafter collectively called the “Vendor”) OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF TILLSONBURG (hereinafter called the “Purchaser”) OF THE SECOND PART RECITALS: A. The registered owner of the “Lands” as defined in Section 1.01(q) of this Agreement is 1115572 Ontario Inc. (the “Corporation”), pursuant to a Transfer registered as Instrument No. LT62615 on May 31, 1996 with respect to the Lands. B. The Corporation was incorporated on January 27, 1995 and dissolved effective November 17, 2008. C. Upon the dissolution of the Corporation, all remaining property of the Corporation became Forfeited Corporate Property, as defined in Section 1.01 (n) of this Agreement, and was forfeited to and immediately vested in the Crown by operation of Section 244 (1) of the Business Corporations Act. D. The Purchaser submitted to the Vendor an application for relief from forfeiture (the “Relief Application”) in accordance with Section 26(1) of the Forfeited Corporate Property Act, 2015. E. Pursuant to Section 26(1) of the Forfeited Corporate Property Act, 2015, the Vendor has agreed to transfer the Forfeited Corporate Property to the Purchaser and the Purchaser has agreed to accept the Forfeited Corporate Property from the Vendor on the terms and conditions hereinafter set forth. NOW THEREFORE in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: SECTION 1 DEFINITIONS 1.01 Definitions Unless the context expressly or by necessary implication indicates a contrary meaning, the terms defined in this Section 1.01 for all purposes of this Agreement, shall have the meanings set out below: (a) “Affiliate” has the meaning set out in the Business Corporations Act, R.S.O. 1990, c.B. 16. (b) “Agreement” means collectively, this agreement of purchase and sale, all Schedules attached hereto and every properly executed instrument which by its terms amends, modifies or supplements this Agreement. Page 88 of 107 - 2 - IO APS Template for Relief from Forfeiture –November 2020 (c) “Applicable Laws” means, collectively, all statutes, laws, by-laws, regulations, ordinances and orders of any governmental Authority, including without limitation all Land Use Regulations. (d) “As Is Where Is” has the meaning ascribed to it in Section 5.01. (e) “Authority” means any governmental or quasi-governmental authority, regulatory authority, government ministry or department, agency, commission, board, tribunal, body or department, or any court, whether federal, provincial or municipal, having jurisdiction over the Forfeited Corporate Property, or the use thereof. (f) “Buildings” means, individually or collectively, as the context requires, all buildings, structures and fixed improvements located on, upon or under the Lands, and all improvements and fixtures of the Vendor contained in, upon or on such buildings and structures which are used in the operation of same, but excluding all buildings, structures, fixtures and improvements which are not owned by the Vendor, and “Building” means any one of the Buildings. (g) “Business Day” means any day on which the Government of Ontario normally conducts business. (h) “Closing” means the closing of the Transaction, including without limitation the payment of the Purchase Price and the delivery of the closing documents in accordance with the provisions of this Agreement. (i) “Closing Date” means the day which is fifteen (15) Business Days next following the Date of Acceptance, or such earlier date that the Purchaser and Vendor may agree to in writing. (j) “Contaminant” has, for the purposes of this Agreement, the same meaning as that contained in the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended, and shall include the requirements of any and all guidelines and/or policies issued by the Ontario Ministry of the Environment, Conservation and Parks and/or the Ministry of Labour. (k) “Crown” means “Her Majesty the Queen in right of Ontario” and includes, for the purposes of any exculpatory clause, release or indemnity included in this Agreement in favour of the Crown, any Ministers, Deputy Ministers, agencies, representatives, servants, employees, agents, delegates, appointees, invitees, officials, contractors and licensees of Her Majesty the Queen in right of Ontario and their officers and directors, brokers, service provider(s) and any other entity over whom the Crown may reasonably be expected to exercise control. (l) “Date of Acceptance” means the date the Vendor approves and accepts this Agreement. (m) “Environmental Law” means, collectively, all Applicable Laws and agreements with governmental Authorities and all other applicable federal and provincial statutes, municipal and local laws, common law and deed restrictions, all by-laws, regulations, codes, licences, permits, orders, directives, guidelines, decisions rendered by any governmental Authority relating to the protection of the environment, natural resources, public health, occupational health and safety or the manufacture, processing, distribution, use, treatment, storage, disposal, packaging, transport, handling, containment, clean-up or other remediation or corrective action of any Hazardous Substance, and all authorizations issued pursuant to such Applicable Laws, agreements or statutory requirements. (n) “Forfeited Corporate Property” means the interest held by the Corporation in the Lands, prior to dissolution, which subsequently forfeited to the Crown. (o) “Hazardous Substance” includes, but is not limited to any hazardous or toxic chemical, waste, by-product, pollutant, compound, product or substance, including without limitation, any Contaminant, asbestos, polychlorinated biphenyls, petroleum and its derivatives, by-products or other hydrocarbons and any other liquid, solid or gaseous material the exposure to, or manufacture, possession, presence, use, generation, storage, transportation, treatment, release, disposal, abatement, cleanup, removal, remediation or handling of, which is prohibited, controlled or regulated by any and is defined in or pursuant to any Environmental Law. Page 89 of 107 - 3 - IO APS Template for Relief from Forfeiture –November 2020 (p) “HST” has the meaning ascribed to it in Section 4.01 of this Agreement. (q) “Lands” means the land(s) described in Schedule A. (r) “Land Use Regulations” means collectively, any land use policies, regulations, by-laws, or plans of any Authority that apply to the use of the Forfeited Corporate Property, including the existing Official Plans, zoning by-laws and zoning orders. (s) “Land Transfer Tax Affidavit” has the meaning ascribed to it in Section 11.01. (t) “OILC” means Ontario Infrastructure and Lands Corporation. (u) “Open Data” means data that is required to be released to the public pursuant to the Open Data Directive. (v) “Open Data Directive” means the Management Board of Cabinet’s Open Data Directive updated on April 29, 2016, as amended from time to time. (w) “Purchase Price” means the total amount as set out in Section 2.01 that shall be paid by the Purchaser to the Vendor for the Forfeited Corporate Property, exclusive of HST. (x) “Sale Approval” means the necessary internal governmental approvals required to dispose of the Forfeited Corporate Property. (y) “Transaction” means, collectively, the purchase and sale of the Forfeited Corporate Property provided for in this Agreement and all other matters contemplated in this Agreement. (z) “Vendor” means Her Majesty the Queen in right of Ontario as represented by the Minister of Government and Consumer Services and includes, for the purpose of any exculpatory clause, release or indemnity included in this Agreement in favour of the Vendor, OILC, any ministries, agencies, its representatives, servants, employees, delegates, appointees, agents, invitees, officers, directors, contractors and licensees of Her Majesty the Queen in right of Ontario and OILC and their brokers, service provider(s) and any other entity or person over whom the Vendor or OILC may reasonably be expected to exercise control. All references to a statute or regulation include all amendments, re-enactments or replacements of the statute or regulation. All references to a government ministry, minister, board or tribunal shall be interpreted to include its predecessor or successor, where applicable as determined by the Vendor. SECTION 2 AGREEMENT OF PURCHASE AND SALE 2.01 The Vendor agrees to transfer and assign to the Purchaser the Forfeited Corporate Property and the Purchaser agrees to accept the Forfeited Corporate Property from the Vendor for the Purchase Price of Two ($2.00) Dollars that shall be paid by the Purchaser to the Vendor for the Forfeited Corporate Property, exclusive of HST, on the Closing Date. SECTION 3 PAYMENT OF PURCHASE PRICE 3.01 On Closing, the Purchase Price shall be paid prior to 3:00 p.m. (Toronto time) on the Closing Date, by the Purchaser to the Vendor, by way of certified cheque or bank draft made payable to the “Minister of Finance”. 3.02 This Agreement shall be completed on the Closing Date at the offices of OILC. SECTION 4 HARMONIZED SALES TAX 4.01 The Purchase Price of the Forfeited Corporate Property does not include the Harmonized Sales Tax (“HST”) payable by the Purchaser in respect of the purchase of the Forfeited Corporate Page 90 of 107 - 4 - IO APS Template for Relief from Forfeiture –November 2020 Property pursuant to the Excise Tax Act, R.S.C. 1985, c. E.15 (Canada) (the “ETA”). Subject to Section 4.02, the Purchaser agrees to pay to the Vendor, on the Closing Date, as a condition of completion of this Transaction by certified cheque or bank draft, all HST payable as a result of this Transaction in accordance with the ETA. 4.02 Notwithstanding Section 4.01 above, the Vendor shall not collect HST from the Purchaser in this Transaction if, on Closing: (a) the Purchaser is registered under the ETA; (b) provides to the Vendor with the Certificate and Indemnity re HST, failing which the Purchaser shall pay to the Vendor on Closing the HST payable by the Purchaser with respect to this Transaction and the Vendor shall remit such HST to the appropriate Authority in accordance with the ETA. 4.03 The Purchaser's obligations under this Section 4 shall survive and not merge on Closing. SECTION 5 "AS IS WHERE IS", PURCHASER’S INDEMNITY 5.01 The Purchaser hereby acknowledges and agrees that it accepts the Forfeited Corporate Property in an “As Is Where Is” condition, which means the physical condition, state of repair and environmental condition of the Forfeited Corporate Property, including, without limitation, the state of title, any non-compliance with Environmental Law or the existence of any Hazardous Substance in, on or under the Lands, the Buildings or any structure or paved surface or in any environmental medium (including, but not limited to, the soil, groundwater, or soil vapour on or under, or emanating from or on to the Forfeited Corporate Property) existing as of the Closing Date. 5.02 In agreeing to purchase the Forfeited Corporate Property, on an As Is Where Is basis, the Purchaser acknowledges and agrees that: (a) the Vendor shall have no obligations or responsibility to the Purchaser after Closing with respect to any matter relating to the Forfeited Corporate Property or the condition thereof. The provisions of Sections 5.01 and 5.02 shall survive and not merge on Closing. 5.03 As an inducement to, and as further consideration for, the Vendor agreeing to transfer the Forfeited Corporate Property to the Purchaser upon the terms and conditions set forth in this Agreement, the Purchaser covenants and agrees that, effective as of the Closing Date, the Purchaser shall: (a) forever release and covenant not to sue the Vendor and its affiliates, subsidiaries, related legal entities, employees, directors, officers, appointees and agents with respect to anything in connection with, arising from or in any way related to: (i) the state and quality of title; (ii) any outstanding arrears of taxes, utilities, common expenses (if applicable) or other monies owing in relation to the Forfeited Corporate Property; and (iii) the condition of the soil, subsoil, ground and surface water, or any other environmental matters, the condition of the Lands, suitability for development, physical characteristics, profitability, or any other matters in relation to the Forfeited Corporate Property whatsoever, including, without limitation, compliance with Environmental Law, the existence of any Hazardous Substances in, on, under, or emanating from or onto the Forfeited Corporate Property, regardless of whether such environmental conditions or the presence of Hazardous Substances is known or unknown by the Purchaser. The foregoing release and covenant not to sue shall apply to all claims at law or in equity, including, but not limited to, claims or causes of action for personal injury or death, property damage, statutory claims under Environmental Laws and claims for contribution and shall survive and not merge on Closing. Page 91 of 107 - 5 - IO APS Template for Relief from Forfeiture –November 2020 (b) be responsible for, and hereby agree to indemnify, defend and save harmless the Vendor from, any and all costs whatsoever (including, without limitation, legal, consultant and witness costs and fees), claims, demands, actions, prosecutions, administrative hearings, fines, losses, damages, penalties, judgments, awards (including awards of costs) and liabilities (including sums paid in settlement of claims) in connection with, arising from or in any way related to the following, without limitation: (i) the state of repair or the condition of the Forfeited Corporate Property; (ii) the state and quality of title, occupancy and current use of the Forfeited Corporate Property; (iii) any non-compliance with Environmental Law or the existence of Hazardous Substances in, on or under the Lands, the Buildings or any structure or paved surface, or in any environmental medium (including, but not limited to, the soil, groundwater, or soil vapour on or under, or emanating from or onto the Forfeited Corporate Property); (iv) any order issued by an Authority in connection with the condition of the Forfeited Corporate Property; or (v) any loss, damage, or injury caused either directly or indirectly as a result of the condition of the Forfeited Corporate Property. Without limiting the generality of the foregoing, this indemnification shall specifically extend to include and cover costs incurred in connection with any claim for personal injury, death, property damage, investigation of site conditions, any clean-up, remedial, removal, monitoring or restoration work required by any Authority because of any non-compliance with Environmental Law or the existence of any Hazardous Substances on the Forfeited Corporate Property. 5.04 The Purchaser agrees to execute and deliver to the Vendor at the time of Closing an Acknowledgement, Release and Indemnity, in the form attached hereto as Schedule schedule C, whereby the Purchaser shall reaffirm the release, covenant not to sue and indemnifications regarding the condition of the Forfeited Corporate Property and environmental matters set forth in this Section 5. Notwithstanding the foregoing, the release, covenant not to sue and indemnifications set forth in this Section 5 shall become effective and enforceable automatically upon the registration of the Transfer/Deed of Land in respect of the Forfeited Corporate Property in favour of the Purchaser, and the Purchaser shall be bound by them, regardless of whether or not the Purchaser executes any separate instrument at the time of Closing. 5.05 This Section 5 shall not merge but shall survive the Closing Date and shall be a continuing obligation of the Purchaser. SECTION 6 VENDOR'S CONDITIONS/ SALE APPROVAL 6.01 The obligation of the Vendor to complete the Transaction is conditional upon fulfillment of each of the following conditions on or before the Closing Date or any earlier date or time specified in this Agreement: (a) the Vendor shall have obtained Sale Approval; (b) all of the terms, covenants and conditions of this Agreement to be complied with or performed by the Purchaser shall have been complied with or performed in all material respects at the times contemplated in this Agreement; (c) the representations and warranties of the Purchaser set forth in this Agreement shall be true and accurate in all material respects as if made as of the Closing Date; and (d) all documents and deliveries required to be executed and/or delivered by the Purchaser shall have been executed and delivered to the Vendor in accordance with this Agreement. Page 92 of 107 - 6 - IO APS Template for Relief from Forfeiture –November 2020 6.02 The conditions set forth in Section 6.01 are for the sole benefit of the Vendor and may be waived in whole or in part by the Vendor, or by its solicitors on its behalf, in the sole and absolute discretion of the Vendor by notice to the Purchaser. The conditions are conditions precedent to the obligation of the Vendor to complete this Agreement on the Closing Date. 6.03 If a condition set forth in Section 6.01 is not fulfilled within the applicable time period, if any, and the Vendor fails to notify the Purchaser or the Purchaser’s solicitors that such condition has been waived or the time period for compliance has been extended within the applicable time period allowed, if any (save and except for any condition which is to be satisfied on the Closing in connection with which it is hereby agreed that upon successful completion of the Transaction, such condition shall be deemed to have been satisfied), at the Vendor’s sole option, this Agreement shall be null and void, notwithstanding any intermediate act or negotiations, and (i) in the event the Agreement is terminated as a result of the non-fulfilment of the condition set forth in Section 6.01(a), neither the Vendor nor the Purchaser shall be liable to the other for any loss, costs or damages. SECTION 7 RISK 7.01 From and including the Closing Date, the Forfeited Corporate Property shall be entirely at the risk of the Purchaser and the Purchaser shall accept and assume any and all responsibilities and liabilities arising out of or in any way connected with the Forfeited Corporate Property whether they arose before, on or after the Closing Date and, without being limited by the foregoing, include any state, nature, quality or condition in, on, under or near the Forfeited Corporate Property existing as of the Closing Date, whenever and however arising, whether known or unknown and whether environmental or otherwise, and whether such responsibilities and liabilities are imposed by law, equity or any Authority. 7.02 On or before Closing, the Purchaser will execute and deliver an Acknowledgement, Release and Indemnity, in the form attached hereto as schedule C, accepting, assuming and indemnifying the Vendor with respect to, inter alia, all such matters referred to in this Section 7. SECTION 8 ABORIGINAL CLAIMS 8.01 Notwithstanding any other provision of this Agreement, if at any time prior to the Closing Date the Vendor receives notification or otherwise becomes aware of any claim or potential claim whatsoever for an interest in respect of the Forfeited Corporate Property, by any First Nation or other aboriginal group or individual, in relation to any constitutional right, treaty right, land claim, surrender agreement or consultation right, including, without limitation, an interest in the title to the Forfeited Corporate Property, a right to the use of the whole or any part of the Forfeited Corporate Property, a restriction on the use of the Forfeited Corporate Property or any part thereof for any purpose, a restriction on access to the Forfeited Corporate Property or any part thereof, a claim for compensation, arising out of any interest or claimed interest in the Forfeited Corporate Property or a right of consultation in relation to the Forfeited Corporate Property, then the Vendor may at its option and in its sole and unfettered discretion extend the Closing Date for at least an additional thirty (30) days (the “Initial Extension Period”) by notice in writing to Purchaser during which time the Vendor shall: (a) determine in its sole and unfettered discretion if such claim, potential claim or interest is capable of being satisfied or whether appropriate releases can be obtained from all interested parties to enable the Vendor to complete the sale of the Forfeited Corporate Property to the Purchaser by the Closing Date free and clear of any such claim, potential claim or interest; (b) enter into arrangements which enable the Vendor to satisfy such claim, potential claim or interest or obtain such releases as appropriate from all interested parties in order to complete the sale of the Forfeited Corporate Property in accordance with Section 8.02(a), for which purpose it may extend the Closing Date up to (but no more than) three times, for a further thirty (30) days each (for a maximum of ninety (90) days in the aggregate) (collectively, the “Further Extension Period”); or Page 93 of 107 - 7 - IO APS Template for Relief from Forfeiture –November 2020 (c) within the Initial Extension Period or at any time within the Further Extension Period, have the right to terminate this Agreement by written notice to the Purchaser in which case the Agreement shall be null and void and of no further force and effect and neither party shall be further liable to the other pursuant to this Agreement. 8.02 If at any time prior to Closing, the Vendor receives instruction, notification or otherwise becomes aware of any requirements imposed by or from an Authority not otherwise contemplated in this Section 8 and with which the Vendor must comply as a condition of completing the Transaction, then the Vendor may at its option and in its sole and unfettered discretion extend the Closing Date up to three (3) times for a period of thirty (30) days each time (maximum ninety (90) days) by notice in writing to Purchaser during which time the Vendor shall: (a) determine in its sole and unfettered discretion if such requirement can be satisfied so as to enable the Vendor to complete the sale of the Forfeited Corporate Property to the Purchaser by the Closing Date; or (b) have the right, with or without a determination pursuant to subsection (a) above, to terminate this Agreement by written notice to the Purchaser in which case the Agreement shall be null and void and of no further force and effect and neither party shall be further liable to the other pursuant to this Agreement. SECTION 9 VENDOR'S WARRANTIES, REPRESENTATIONS AND COVENANTS 9.01 The Vendor warrants and represents to the Purchaser that the Vendor is not a non-resident of Canada within the meaning and intended purpose of Section 116 of the Income Tax Act, R.S.C. 1985, c.1 (5th Supp.). 9.02 Any information provided by the Vendor or its agents and any comments made by the Vendor, its employees, officers, directors, appointees, agents or consultants are for the assistance of the Purchaser in allowing it to make its own inquiries. The Vendor makes no representations or warranties as to, and takes no responsibility for, the accuracy or completeness of any information it has provided to the Purchaser. SECTION 10 PURCHASER'S WARRANTIES, REPRESENTATIONS AND COVENANTS 10.01 The Purchaser warrants and represents to the Vendor that the Purchaser does not have a conflict of interest with the Vendor. The Purchaser agrees to provide a Statutory Declaration in the form attached hereto as Schedule B at the time of execution by the Purchaser of this Agreement. The Purchaser acknowledges that if the information upon which the Statutory Declaration was provided changes, the Purchaser shall inform the Vendor of such change up to and including the Closing Date. 10.02 As of the Closing Date, the Purchaser shall assume and be responsible as owner for the management and administration of the Forfeited Corporate Property and the Vendor shall have no further responsibility. 10.03 On the Closing Date, the Purchaser will execute and deliver an Acknowledgement, Release and Indemnity in the form attached hereto as schedule C, accepting, assuming, releasing and indemnifying the Vendor with respect to, inter alia, all such matters referred to in this Section 10. 10.04 The Purchaser shall not assign or register this Agreement, or any assignment of this Agreement, or any part of either, or register a caution in relation thereto, or direct title to the Forfeited Corporate Property. Page 94 of 107 - 8 - IO APS Template for Relief from Forfeiture –November 2020 SECTION 11 PREPARATION OF TRANSFER/DEED DOCUMENTS AND FEES/COSTS 11.01 The Transfer/Deed of the Land will be prepared by the Vendor, except for the Affidavit of Residence and Value of the Consideration (“Land Transfer Tax Affidavit”), which will be prepared by the Purchaser. The Purchaser acknowledges that the Vendor will not be signing the Planning Act statements in the Transfer/Deed of Land. 11.02 The Purchaser shall pay its own legal costs and registration costs. The Purchaser shall be responsible for the payment of Land Transfer Tax and registration fees and any other taxes and fees payable in connection with the registration of the transfer/deed of the Forfeited Corporate Property. SECTION 12 ELECTRONIC REGISTRATION 12.01 Where the Forfeited Corporate Property is in an area where electronic registration is mandatory and the Transaction will be completed by electronic registration pursuant to Part III of the Land Registration Reform Act, R.S.O. 1990, c. L.4, and the Electronic Registration Act, S.O. 1991, c.44, and any amendments thereto, the Vendor and Purchaser acknowledge and agree that the exchange of closing funds, non-registrable documents and other closing deliverables provided for herein and the release thereof to the Vendor and Purchaser will: (a) not occur at the same time as the registration of the transfer/deed (and any other documents intended to be registered in connection with the completion of this Transaction); and (b) be subject to conditions whereby the lawyer(s) receiving any of the closing deliverables will be required to hold same in escrow and not release same except in accordance with the terms of the latest Document Registration Agreement recommended from time to time by the Law Society of Ontario. SECTION 13 CLOSING DELIVERABLES 13.01 Subject to the provisions of this Agreement, the Vendor covenants that it shall execute or cause to be executed and shall deliver or cause to be delivered to the Purchaser or the Purchaser’s solicitors on or before the Closing Date, each of the following: (a) the Forfeited Corporate Property, as described in Section 2.01, in an As Is Where Is condition; (b) an executed Transfer/Deed of Land in registrable form duly executed by the Vendor in favour of the Purchaser (save for any Land Transfer Tax Affidavit); (c) a direction regarding the payment of funds; (d) such other deeds, conveyances and other documents contemplated in this Agreement or as the Purchaser or its solicitors may reasonably require in order to implement the intent of this Agreement. 13.02 Subject to the provisions of this Agreement, the Purchaser shall execute or cause to be executed and shall deliver or cause to be delivered to the Vendor or the Vendor’s Solicitors on or before the Closing Date: (a) a certified cheque or bank draft made payable to “Minister of Finance” for the Purchase Price; (b) a direction as to title, if necessary; (c) HST Declaration and Indemnity, as contemplated in Section 4, if applicable; Page 95 of 107 - 9 - IO APS Template for Relief from Forfeiture –November 2020 (d) an updated Statutory Declaration in the form set out in Schedule B is required in the event that there have been any changes to the information contained in the Statutory Declaration provided to the Vendor prior to the date of execution of this Agreement pursuant to Section 10.01; (e) an Acknowledgement, Release and Indemnity, in the form attached hereto as Schedule C; (f) such other deeds, conveyances, resolutions and other documents as the Vendor or its solicitors may reasonably require in order to implement the intent of this Agreement. SECTION 14 NOTICE 14.01 Any notice under this Agreement is sufficiently given if delivered personally or if sent by ordinary prepaid mail or prepaid courier or electronic facsimile machine (including e-mail) addressed to the Purchaser at: The Corporation of the Town of Tillsonburg Unit 204, 200 Broadway Street Tillsonburg, ON N4G 5A7 Telephone: (519)-688-3009 Email: msmibert@tillsonburg.ca and to the Purchaser’s Solicitors at: Duncan, Linton LLP 45 Erb Street East Waterloo, ON N2J 1L7 Attention: Adrian L. Rosu Telephone: (519)-886-3340 Email: adrian@kwlaw.net and to the Vendor at: Ministry of Government and Consumer Services Realty Management Branch 777 Bay Street, Suite 425 Toronto, ON M5G 2E5 Attention: Manager, Portfolio Performance Email: forfeitedcorporateproperty@ontario.ca And: c/o Ontario Infrastructure Lands Corporation Real Estate Transactions 1 Dundas Street West, Suite 2000 Toronto, ON M5G 1Z3 Attention: Vice President, Real Estate Transactions Facsimile: (416)-327-1906 or at such other addresses as the Vendor and the Purchaser may designate from time to time. Any such notice shall be conclusively deemed to have been given and received upon the same day if personally delivered or sent by facsimile or email, or, if mailed, three (3) Business Days after the same is mailed. Any party may, at any time by notice given in writing to the other party, change the address for service of notice on it. Page 96 of 107 - 10 - IO APS Template for Relief from Forfeiture –November 2020 SECTION 15 GENERAL 15.01 Time shall in all respects be of the essence of this Agreement, provided that the time for doing or completing any matter provided for in this Agreement may be extended or abridged by an agreement in writing, signed by the Vendor and the Purchaser or by an agreement between their respective solicitors who are hereby expressly authorized in this regard. If anything in this Agreement is to be done on a day which is not a Business Day, the same shall be done on the next succeeding Business Day. 15.02 This Agreement shall be binding upon, and enure to the benefit of, the Vendor and the Purchaser and their respective successors and permitted assigns. The Vendor and the Purchaser acknowledge and agree that the representations, covenants, agreements, rights and obligations of the Vendor and the Purchaser under this Agreement shall not merge on the completion of this Transaction, but shall survive completion and remain in full force and effect and be binding upon the parties, save and except as may be otherwise expressly provided for in this Agreement. 15.03 Whenever the singular is used in this Agreement, it shall mean and include the plural and whenever the masculine gender is used in this Agreement it shall mean and include the feminine gender if the context so requires. 15.04 This Agreement constitutes the entire agreement between the parties and there is no representation, warranty, collateral agreement or condition affecting this Agreement or the Forfeited Corporate Property, except as specifically set forth in this Agreement. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto or by their solicitors. 15.05 This Agreement and the rights and obligations of the Vendor and the Purchaser shall be determined in accordance with the laws of the Province of Ontario. 15.06 Wherever this Agreement makes reference to a requirement for the consent or approval of the Vendor, such consent must be prior written consent and may be arbitrarily and unreasonably withheld in the sole and absolute discretion of the Vendor. 15.07 No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall any waiver constitute a continuing waiver unless otherwise expressed or provided. 15.08 If any provision of this Agreement or part thereof or the application thereof to any person or circumstance, to any extent, shall be determined to be invalid or unenforceable, the remainder of this Agreement or the application of such provisions or part thereof to any person, party or circumstance other than those to which it is held invalid or unenforceable shall not be affected thereby. Each covenant, obligation and agreement in this Agreement shall be separately valid and enforceable to the fullest extent permitted by law. 15.09 Each of the parties hereto shall from time to time hereafter and upon any reasonable request of the other and in such form as may be satisfactory to both parties hereunder, execute and deliver, make or cause to be made all such further acts, deeds, assurances and things as may be required or necessary to more effectually implement and carry out the true intent and meaning of this Agreement. SECTION 16 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT AND OPEN DATA 16.01 The Purchaser acknowledges that this Agreement and any information or documents that are provided to the Vendor may be released pursuant to the provisions of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, as amended. This acknowledgment shall not be construed as a waiver of any right to object to the release of this Agreement or of any information or documents. 16. 02 The Purchaser acknowledges that this Agreement is subject to the Open Data Directive and the Vendor may be required to publish Open Data in accordance with the Open Data Directive. Page 97 of 107 - 11 - IO APS Template for Relief from Forfeiture –November 2020 SECTION 17 ACCEPTANCE PERIOD 17.01 Signature of this Agreement by the Purchaser and the submission thereof to the Vendor constitutes an offer under seal and is open for acceptance by the Vendor until one (1) day prior to the Closing Date. This offer, once accepted on the Date of Acceptance, constitutes a binding contract of purchase and sale. This offer may be made and accepted by facsimile or other electronic transmission, including electronic signature and by different parties in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Delivery by facsimile or electronic transmission in a portable document format (PDF) of an executed counterpart of this Agreement is as effective as delivery of an originally executed counterpart of this Agreement. Any party delivering an executed counterpart of this Agreement by facsimile or by electronic transmission in PDF shall also deliver, if requested an originally executed counterpart of this Agreement within seven (7) days of the facsimile or electronic transmission, but the failure to deliver an originally executed copy does not affect the validity, enforceability or binding effect of this Agreement. The Purchaser, in submitting this offer, acknowledges that there has been no promise or representation or assurance given to the Purchaser that any of the terms and conditions in this offer are or will be acceptable to the Vendor. [no further text on this page] Page 98 of 107 - 12 - IO APS Template for Relief from Forfeiture –November 2020 OFFERED BY the Purchaser this ______day of ________________________, 202____. THE CORPORATION OF THE TOWN OF TILLSONBURG Per: Name: Title: Per: Name: Title: I/We have authority to bind the corporation. ACCEPTED BY the Vendor this _______day of ________________________, 202____. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO REPRESENTED BY THE MINISTER OF GOVERNMENT AND CONSUMER SERVICES REPRESENTED BY ONTARIO INFRASTRUCTURE AND LANDS CORPORATION Per: Name: Adam Carr Title: Vice President, Real Estate Transactions Authorized Signing Officer Page 99 of 107 IO APS Template for Relief from Forfeiture –November 2020 SCHEDULE A LEGAL DESCRIPTION OF LANDS PIN 00019-0598 (LT), being BLOCK 25, PLAN 41M155, TILLSONBURG (the “Lands”) Page 100 of 107 IO APS Template for Relief from Forfeiture –November 2020 SCHEDULE B STATUTORY DECLARATION RE CONFLICT OF INTEREST Canada Province of Ontario TO WIT: ) ) ) ) ) ) ) ) ) ) ) ) ) ) IN THE MATTER OF THE TITLE TO <> AND IN THE MATTER OF A SALE THEREOF from HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF GOVERNMENT AND CONSUMER SERVICES (the “Vendor”) to <> (the “Purchaser”) I, ___________________, of the __________________, in the Province of Ontario, DO SOLEMNLY DECLARE, that: 1. I am the _____________________{title} of the Purchaser and as such have knowledge of the matters hereinafter declared. 2. The Purchaser and the Vendor are arm’s length parties and the Purchaser has received no special knowledge nor special consideration in entering into an agreement of purchase and sale for the Forfeited Corporate Property (“APS”), which would lead to the presumption that the parties are not arm’s length parties. 3. There are no outstanding legal disputes or actions between the Vendor and the Purchaser. 4. The Purchaser is not in conflict with the Vendor (or any of its employees) with respect to the purchase of the Forfeited Corporate Property. AND I make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. DECLARED by the above-named ) Declarant, before me at the __________ of ) __________, this ) day of , 202___. ) ________________________ ) ) A Commissioner, etc. ) Page 101 of 107 IO APS Template for Relief from Forfeiture –November 2020 SCHEDULE C ACKNOWLEDGEMENT, RELEASE AND INDEMNITY TO: Her Majesty the Queen in right of Ontario as represented by the Minister of Government and Consumer Services (the “Vendor”) RE: <<Purchaser(s) Name>> (the “Purchaser”) purchase from the Vendor of the property legally described as <<Legal Description>>, being <<the whole OR part>> of PIN <<Enter PIN>> (LT) (the “Forfeited Corporate Property”) pursuant to a Transfer Agreement for Forfeited Corporate Property between the Purchaser, as purchaser, and the Vendor, as vendor, accepted <<Date Offer Accepted>>, as may be amended from time to time (the “Purchase Agreement”) In consideration of and notwithstanding the Closing of the Transaction and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged: 1. Unless otherwise defined herein, all capitalized terms used in this Acknowledgement, Release and Indemnity shall have the respective meanings ascribed to them in the Purchase Agreement for Forfeited Corporate Property. For greater clarity, the definitions of “Crown” and “Vendor” under Section 1.01 of the Purchase Agreement apply to this Acknowledgement, Release and Indemnity. 2. The Purchaser hereby accepts the Forfeited Corporate Property in an As Is Where Is condition in accordance with Section 5 of the Purchase Agreement. 3. The Purchaser shall forever release and covenant not to sue the Vendor and its affiliates, subsidiaries, related legal entities, employees, directors, officers, appointees and agents with respect to anything in connection with, arising from or in any way related to: a) the state and quality of title; b) any outstanding arrears of taxes, utilities, common expenses (if applicable) or other monies owing in relation to the Forfeited Corporate Property; and c) the condition of the soil, subsoil, ground and surface water, or any other environmental matters, the condition of the Lands, suitability for development, physical characteristics, profitability, or any other matters in relation to the Forfeited Corporate Property whatsoever, including, without limitation, compliance with Environmental Law, the existence of any Hazardous Substances in, on, under, or emanating from or onto the Forfeited Corporate Property, regardless of whether such environmental conditions or the presence of Hazardous Substances is known or unknown by the Purchaser. The foregoing release and covenant not to sue shall apply to all claims at law or in equity, including, but not limited to, claims or causes of action for personal injury or death, property damage, statutory claims under Environmental Laws and claims for contribution and shall survive and not merge on Closing. 4. Effective as of the Closing Date, the Purchaser accepts and assumes any and all responsibilities and liabilities whether having occurred before or after Closing, arising out of or in any way connected to the Forfeited Corporate Property, including, without limitation: a) the state of repair or the condition of the Forfeited Corporate Property; b) the state and quality of title, occupancy and current use of the Forfeited Corporate Property; c) any non-compliance with Environmental Law or the existence of Hazardous Substances in, on or under the Lands, the Buildings or any structure or paved surface, or in any environmental medium (including, but not limited to, the soil, groundwater, or soil vapour on or under, or emanating from or onto the Forfeited Corporate Property); Page 102 of 107 IO APS Template for Relief from Forfeiture –November 2020 d) any order issued by an Authority in connection with the condition of the Forfeited Corporate Property; or e) any loss, damage, or injury caused either directly or indirectly as a result of the Condition of the Forfeited Corporate Property. 5. The Purchaser confirms that all representations, warranties and covenants provided by the Purchaser in the Purchase Agreement shall not merge on the completion of the Transaction, but shall survive, remain in full effect and be binding upon the Purchaser. 6. The Purchaser shall be responsible for and hereby agrees to release, indemnify, defend and save harmless, effective on and after the Closing Date, the Vendor from any actions, liabilities from any and all costs (including legal, consultant and witness costs and fees), claims, demands, actions, prosecutions, administrative hearings, fines, losses, damages, penalties, judgements, awards (including awards of costs) and liabilities (including sums paid in settlement of claims) that may arise as a result of, or connected with the Forfeited Corporate Property, including those matters set out in the foregoing paragraphs whether having occurred before or after Closing. 7. If the Purchaser is a body corporate, the Purchaser represents and warrants to the Vendor that: a) all corporate action to authorize the execution and delivery of the Purchase Agreement (and all agreements to be delivered by the Purchaser pursuant to the Purchase Agreement to which the Purchaser is a party (collectively, “Associated Agreements”)) has been taken in accordance with the Purchaser’s constating documents or statutes, as the case may be; b) the Purchase Agreement and all Associated Agreements have been duly and validly executed and delivered by the Purchaser; and c) the Purchase Agreement and all Associated Agreements constitute legal, valid and binding obligations of the Purchaser enforceable against the Purchaser in accordance with the respective terms of the Purchase Agreement and all Associated Agreements 8. Unless otherwise defined herein, all capitalized terms used in this Acknowledgement, Release and Indemnity shall have the meaning ascribed to them in the Purchase Agreement. 9. This Acknowledgement, Release and Indemnity shall not merge on Closing but shall survive the Closing Date and remain a continuing obligation of the Purchaser. 10. This Acknowledgement, Release and Indemnity shall be binding upon the heirs, successors and permitted assigns of the Purchaser and shall enure to the benefit of the Vendor and its respective successors and assigns. [NTD: sign below if the Purchaser is an individual] DATED as of the ________ day of <<Month>>, <<Year>>. ) ) ) ) ) ) ) _______________________ ) _________________________ Witness name: ) Name: Page 103 of 107 IO APS Template for Relief from Forfeiture –November 2020 [NTD: sign below if the Purchaser is a corporation] DATED as of the ________ day of <<Month>>, <<Year>>. <<PURCHASER(S) NAME>> Per: Name: <<Individual Signing Documents for Corporation>> Title: <<Title>> Per: Name: <<Individual Signing Documents for Corporation, if there is a second person>> Title: <<Title>> I/We have the authority to bind the corporation. Page 104 of 107 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NUMBER 2022-____ A by-law to close a portion of a Municipal public roadway know as Grandview Drive described as Parts 2 and 3, Plan 41R-9064, Grandview Drive and to deem lands Surplus to the needs of the Town WHEREAS pursuant to Section 8 of the Municipal Act, 2001, C. 25, a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS pursuant to Section 34 of The Municipal Act, 2001 S.O.2001, C 25, The Corporation of the Town of Tillsonburg is declaring surplus a portion of a road allowance particularly described as Parts 2 and 3, Plan 41R-9064, Grandview Drive; AND WHEREAS The Council of the Corporation of the Town of Tillsonburg has determined that the said lands are surplus to the needs of the Corporation; THEREFORE the Council of the Town of Tillsonburg enacts as follows: 1. THAT Part of Grandview Drive, described as Parts 2 and 3, Plan 41R-9064, in the Town of Tillsonburg, County of Oxford, as indicated on Schedule "A" attached, is hereby closed. 2. THAT the public road, Grandview Drive, described as Parts 2 and 3, Plan 41R-9064 be declared surplus to the needs of the Town of Tillsonburg 3. AND THAT this By-Law shall come into full force and effect on the day of passing. READ A FIRST AND SECOND TIME THIS 19th DAY OF APRIL 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 19th DAY OF APRIL, 2022. _______________________ MAYOR – Stephen Molnar ________________________ CLERK – Michelle Smibert Page 105 of 107 Schedule A – By-Law 2022- _______ Page 4 of 4 Plan 41R-9064 Page 106 of 107 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW 2022-031 A by-law to confirm the proceedings of Council at its meeting held on April 19, 2022. 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 Tillsonburg at this meeting be confirmed and adopted by by-law; BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of Tillsonburg as follows: 1. All actions of the Council of The Corporation of the Town of Tillsonburg at its meeting held on April 19, 2022, 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 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 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. That this By-Law shall come into force and take effect on the date it is passed. READ A FIRST AND SECOND TIME THIS 19TH DAY OF APRIL, 2022. READ A THIRD AND FINAL TIME AND PASSED THIS 19TH DAY OF APRIL, 2022. _______________________________ MAYOR – Stephen Molnar _______________________________ CLERK – Michelle Smibert Page 107 of 107