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February 25, 1999 Agenda ORDERS OF THE DA Y '$PECIAL COUNCIL MEETING FOR THURSDAY) FEBRUARY 25TH, ¡ I I , I Meeting Called to Order I Disclosure of Peculfliary Interest and the General Nature Thereof i Motion to Move Into "Committee Of The Whole Council" I I Reports of Counciland Staff I Staff Report I 1) L. Veger, DirecJor of Financial Services - Bill 79 - The Fairness for I Property Tax Payers Act (ATTACHED) 2) L. Veger, Director of Financial Services - Ontario Property Assessment C~rp. and Bill 79 (ATTACHED) 3) C. Watters, Mahager of Engineering Services - Kingsmill Bridge - County Road #~5 (Springwater Road) (ATTACHED) , I I Council Corresporidence - I i) Items for ConsIderation - none ii) Items for Information (Consent Agenda) I 1) Ministry of Transportation Re: Red Light Enforcement Pilot Project (AljTACHED) 2) Nutrient Management Planning Workshop (ATTACHED) I I OTHER BUSINESS , 1) Statementsllnquiries by Members 2) Notice of Motiøn I 3) Matters of Urg~ncy In-Camera Items + see Attached CONFIDENTIAL Report from I the Director of Homes and Senior Services , I Motion to Rise a~d Report I Motion to Adopt ~ecommendations from the Committee Of The Whole Consideration of By-Laws I I ADJOURNMENTI I I , 13:00 P.M. 1999 at PAGE # 1st 2nd 3rd 4th 1-5 6-7 8 5th 9-11 12-18 6th 19-24 7th 8th 9th 10th 11th 25 REPORT TO COUNTY COUNCIL Director of Financial Services Linda Veger, FROM 1999 February 24 DATE: Property Taxpayers Act The Fairness for 79 B SUBJECT: Introduction BiI 79 has been passed and requires municipalities to limit property tax increases resulting from property tax reform on commercial, industrial, and multi- residential property to 10% in 1998, a further 5% in 1999, and a further 5% in 2000. To achieve these levels of increases, municipalities may re-visit certain tax tools. These include optional property classes. tax ratios, phasing-in, rebates. and the 2,5% capping tool. Discussion The County and its member Municipalities selected the optional large industrial class as the only tool appropriate for the assessment mix within the County. Under Bill 79, the County may re-visit this decision, however a change in tax classes would result in tax changes and re-billing to most properties including residential. The 10% cap on increases in 1998 only applies to the assessment reform related portion of tax increases. Any portion of a tax increase that is due to municipal budgetary increases, including changes arising from municipal restructuring or commercial/industrial education rates, are not subject to the cap. 79 gives municipalities three options Bi 10-5-5 maximums Division B The new 10-5-5 capping tool. This Division provides a technique to finance the cost of protecting property tax increases by withholding part of the decreases which would otherwise occur. the tax tools above to meet the Use Division A Division C Maximum tax calculation. This Division does not allow withholding decreases to finance the capping. The cost of this must come from reserves or be brought forward and added to the 1999 budget. A phase-in program can be used in conjunction with Division C, however, it is unlikely that the phase-in program will reduce tax increases to 10%. Therefore, there will still be properties requiring additional protection under the maximum tax provision. The cost of this further protection will not be part of the decreases withheld under the phase-in program, t A n each of the Divisions, are required to maintain a frozen assessment for 1998, 1999, " commercial, industrial, and multi- residential classes based on the assessmer rolls for 1997 municipalities and 2000 fo. Councils following assumptions concerning the considered Assumptions: The Treasurers wishes That Councils do not want to adjust 1998 budgets at this late date. That Councils do not want to spread the effects of Bill 79 over all classes but instead prefer to meet the intention of the legislation by isolating the adjustments within the three classes; multi-residential, industrial, and commercial. That County Counci the capping legislation to takes a County wide approach · · · The two attached summaries highlight the differences between the two Divisions. Division B has a zero effect County wide. The County receives dollars from the School Boards and Municipalities with positive numbers. The County, in turn, forwards dollars to Municipalities with negative numbers. With Division C, the County still receives dollars from the school boards which are in turn forwarded to Municipalities based on a calculation. Across the County, Municipalities will be required to fund $374,693 Commercial and $87,973 Industrial from within their budgets. The effect of Division C is to have all taxpayers fund the shortfall. Conclusion The County and Lower-tier previously reviewed the options available. The only tools that appear to meet the limits are the 2,5% cap - Part XX11.1, and Division B. A phase-in program was not selected mainly due to the additional work load to calculate the phase-in and the increase in complexity with each passing year of the program. Also, the program cannot be front-end loaded and would most certainly not meet the 10-5-5 limits. With the use of Division C, the levy will increase in 1999 for all property classes. Bill 79 prevents interclass shifting in 1998 but does not necessarily prevent interclass shifting as the costs become part of the 1999 levy. All classes will absorb the costs of protecting the non-residential classes discussed the options, reviewing the advantages and Division B versus Division C. The advantages of Division B The Treasurers disadvantages of include: no cost the ratepayers outside of the three classes affected no effect on the 1998 or 1999 budget accomplishes the objectives of the legislation l 2 · · · Based on the assumptions and the advantages of Division B, the majority of Treasurers were able to agree that Division B would be the best alternative for 1998. Preferred Option The use of the 10-5-5 capping tool under Division B would appear to give the County and Municipalities the most, if limited, flexibility. Capping of increases can be funded by withholding decreases within the class. In this Division, residential ratepayers are not affected - this was a major concern when the optional "tools" were considered. The regulation dealing with recently restructured municipalities has not been released to date. This regulation will, in all likelihood, not affect this recommendation, The dilemma rests in the fact that we cannot accurately calculate the effect on specific ratepayers until the regulation is released Recommendation THAT, for the 1998, 1999, and 2000 property taxation years, the County select Division B - Optional scheme for setting taxes, under the provisions of Bill 79; and, 1999 the Director of Financial Services dated February 24 THAT the report from be approved; and; the necessary by-law be prepared THAT .'~ g:~;. Submission 3 respectfully submitted Linda B. Veger Director of Financial Services All of which is http://opta.reamined.on.ca/Scripts/opta3 ,dlVCapReport OPTA J)/I//:OIO ¡.) ß Tax Adjustment Summary Tax Adjustment Summary Industrial Class UPPER TIER TAX ADJUSTMENT SUMMARY Commerciall Class Multl-Residentiall Class I -2,5631 I -9,7291 I -13,8751 I -68,5461 1 9,7831 1 2891 I 2,7761 I 81,8651 1 °1 4,5ô81 -69,9411 27,1481 23,5551 -9,1961 -8,9711 -9,6991 42,537 õ N7~ õI Municipality Baynam-Port BurweIT- Vienna Tp Malahide-S, Dorchester-Springfie Aylmer T Central Elgin Tp Southwold Tp Dutton-Dunwicn Tp West Elgin Tp School Board Total Class Impact to Positive lower tier amounts represent payments due from lower tier upper tier, Negative lower tier amounts represent payments due from upper tier to lower tier municipality . School board amounts represent school board payments to upper tier, municipality 12:29: 11 02/23/99 This site is maintained by the Government of Ontario, Canada. © Copyright 1998-1999, Oueen's Printer for Ontario. This information is provided as a public service by the Government of Ontario, Canada. 4 OK of 1 http://opta.reamined.on.ca/Scrípts/opta3 .dll/CapReport OPT A fJl'¡IS/O.,,) Ó Tax Adjustment Summary Tax Adjustment Summary Industriall Class UPPER TIER TAX ADJUSTMENT SUMMARY Commerciall Class Multi-Residentiall Class -4,5751 -13,1211 -19,5421 -73,3411 -32,6931 -4,0621 -22,5051 81,8651 -87,9731 -3ö,133 -7ô,982 -90,425 -87,341 -29,064, -31,747 ~ ~ q -ô"5,5JR 42,537 -374,693 N7~ õ' Baynam-Port Burwell- VÌenna Tp Malahide-S. Dorchester-Springfie; Aylmer T Central Elgin Tp Southwold Tp Dutton-Dunwich Tp WestT':"oir'T"n Schoc Total Municipality D.10h.l. ~r to Crass Impact Positive lower tier amounts represent payments due from lower tier upper tier. Negative lower tier amounts represent payments due from upper tier to lower tier municipality, School board amounts represent school board payments to upper tier, municipality 12:19:20 02/23/99 This site is maintained by the Government of Ontario, Canada. © Copyright 1998M1999, Queen's Printer fOf Ontario. This ¡nfannation is provided as a public service by the Government of Ontario, Canada. 5 OK of REPORT TO COUNTY COUNCIL Director of Financial Services Linda Veger, FROM 1999 February 24 DATE 79 Corporation and B Ontario Property Assessment SUBJECT: ntroduction The Treasurers discussed the implications of Bill 79 and presented their recommendation to Council. The discussions highlighted many of the problems faced by the lower-tier with implementing Bill 79. include Maintaining the frozen roll. A mistake on one assessment affects the whole of the County, Division B distributes increases and decreases across the County. A mistake on one roll changes the relationship of assessment over the County. There will be a large number of adjustments to make in the first year due to the numerous class and assessment changes. Staff are concerned that the Province will expect lower-tier municipalities to be responsible for maintaining this roll. It is vitally important that this roll be maintained by one source, the Ontario Property Assessment Corporation. Some of the problems brought to light Minutes of Settlement and ARB rulings. Treasurers have been advised not to make adjustments to the frozen roll based on the Minutes of Settlement but instead to wait for the ARB rulings. However, there is a time delay of up to eight months between the Minutes of Settlement and the ARB ruling. This time lag is too long and restricts municipalities' ability to make decisions since the frozen roll is not current. Massive changes within the classes. Many properties were placed in the incorrect class when reassessed. The "frozen roll" was not updated to take into effect these known changes. There will be many adjustments required on top of Bill 79. It will difficult to track all the changes without error. Therefore, maintaining an up-to-date and accurate frozen roll is imperative, Recommendation The following recommendation is presented for your consideration THAT the County forward a request to the Province of Ontario and Ontario Property Assessment Corporation to have the frozen roll maintained by the Property Assessment Corporation to ensure that the roll is current and administered by one source; and, 6 . Corporation 02/24/1999 onascorp Ontario Property Assessment THAT the County forward a letter to the Regional Assessment Office and the Ontario Property Assessment Corporation demanding a speedy resolution to Assessment Review Board rulings. submission All of which is respectfully submitted MafkG~cDo~CA1J 7 .¡~ Linda B. Veger Director of Financial Services 02/24/1999 onascorp Ontario Property Assessment Corporation REPORT TO COUNTY COUNCIL FROM: CLAYTON WATTERS, MANAGER ENGINEERING SERVICES 1999 18 FEBRUARY DATE: (SPRINGWATER ROAD) SUBJECT: KINGSMILL BRIDGE - COUNTY ROAD #35 Introduction A report was made to County Council to have a consulting engineer provide the necessary engineering services to widen the existing Kingsmill Bridge structure. Discussion Spriet and Associates have been retained to provide the engineering and administrative functions to widen the existing narrow structure. Upon further review it was found that the structure ,will not carry the loads to meet today's Ontario Bridge Code, Spriet and Associates submitted an additional quote for engineering design and administration for a new structure. The cost for this service is $23,100.00 with site inspections services at $270,00 per visit. The County's Purchasing Policy states: "Prior to approval of the current budget a department may incur normal operating expenditures up to 40% of the previous years budget." The replacement of this structure is in the Engineering Services 1999 budget. Conclusion The Engineering Services Department is requesting approval to have Spriet and Associates to provide all engineering and administration services to tender for a new structure, By initiating this project now, instead of waiting until after the budget is approved the County can take advantage of a "slow" market and realize cost savings .before the competition heats up Recommendation That Spriet and Associates be retained at their tendered price of $23,100.00 with $270.00 per site visit to provide inspection services for the replacement of the Kingsmill Bridge. This will include all the necessary approvals. R SUBMISSION MARK NALD CHIEF ADMINISTRATIVE OFFICER s RESPECTFULL Y SUBMITTED (])¡¡Ji/\ b0 CLAYTON D. WATTERS, MANAGER ENGINEERING SERVICES REPORT TO COUNTY COUNCIL Linda Veger, Director of Financial Services and Mark G. McDonald, Chief Administrative Officer. FROM: 1999 BUDGET 1999 HIGHLIGHTS OF THE "DRAFT' February 22 DA TE: SUBJECT: The following line items in the draft composite budget have been highlighted for your information. Please note that the complete budget package will be handed out at Council's March 9th meeting for consideration on March 23rd, 1999. Hlqhliqhts Total - column 6 - Surplus from 1998 is $968,468.00 - the surplus is largely due to reduced Social Services costs (line 26 - $500,000) and Homes' savings (line 19 - $470,000) some of which is from reduced OMERS contributions. Line 14 - Financial Services - shows a $47,089 reduction due to transferring out one employee and benefits to Information Technology budget in line 33. A full report detailing the rationale for this transfer will be presented. from revenues reduced to shows an Increase due Line 16 - Administration Building Tenants and Provincial tax changes. n Insurance to savings shows a decrease due Corporate Expenditures Line 17 Premiums. Director of retirement Line 19 - Homes For Seniors - shows a decrease $176,808 due to and a transfer of one employee to line 16 (report to follow). Line 22 - Library Services - shows a decrease $120,286 due to reduction in lease payments to STPL, and transferring one employee and automation costs to line 32 Automation Technology. Expenditures related to the Rodney expansion are included in Line 45. 998. Line 27 - Administrative Fee - this represents the 10% fee to the City of St. Thomas for Ontario Works, Social Housing and Child Care as per the consolidation agreement. 1 180 based on actuals In $401 Social Services - shows a reduction of Line 26 2 Line 28 - Contingency Fee - this represents a 5% contingency fee in case costs exceed estimates for Ontario Works, Social Housing and Child Care as per the consolidation agreement. Line 29 - Year 2000 - this is an estimate of the costs of converting equipment to year 2000 compliance. This is a one time cost which will disappear next year. Line 32 - reserve for M Rate Stabilization - this line has been increased to offset the disappearance of the revenue line 52, Special Transition Assistance. The Province has announced that this funding will cease on January 1, 2000. To avoid a dramatic increase in the 2000 budget to offset this lost revenue staff recommend preparing for it now. Line 33 - reserve for Information Technology - this is a sub-department of Financial Services and will focus on the County's automation needs. Library, Homes and Treasury have reduced their budgets and transferred their automation costs to this line. Council will now be able to see the total automation needs in one budget interspersing the costs through a variety of departments. than rather Line 36 - reserve for Workers Safety and Insurance Board - now that we are self-insured, this reserve has been established. Part of the reserve will be used to investigate suspicious claims. of the prospect be deleted as ne wi revenue 1999. Line 45 - Provincial Offences - this receiving the funds is highly unlikely in the consolidation agreement, Line 48 - Social Housing - using the formula agreed to in the County's share of this cost is reduced by $692,000.00, General Notes: * the OMERSsavings (approximately $400,000/year) have been used to reduce the 1999 estimates. Council should be aware that these savings will result in an increase in 2002 when the costs are phased back into existing contribution levels. should * no allowance has been made for increased road expenditures which will occur Council decide to transfer authority for bridges and culverts, connecting links etc. * as for the surplus, staff recommend that $300,000 be dedicated to certain road works in Aylmer (report is forthcoming), $200,000 towards the funding of the new home, and the balance set aside for additional road work. Staff and auditors are still in the process of finalizing the 1998 year end. the for 3 the province has not provided the County with a year end reconciliation downloaded services or new numbers to include in our budget process for 1999. * Council should be aware that any change in the downloaded services, i.e. social housing reduction of $692,000 may have a dollar for dollar affect on our Community Reinvestment Fund (CRF) allocation. * ALL of which is respectfully submitted ¿/lJr . cuonald, Chief Administrative Officer. Linda Veger, Director of Financial Services Col1 Col2 Col3 Col4 Col5 Cal6 Cal7 1998 Col8 Cal9 Cal10 Col11 Col12 Col13 DRAFT 19S98UDGET DISCUSSION PURPOSES ONLY 1998 BUDGET 1996 ACTUAL BUDGET 1999 BUDGET I OVER I II ACTUAL 1SS8BUOGEf S CHANGE ,% CHANGE FebruaIY 25, 1999 EXPENDITURES RECEIPTS NET EXPENDITURES RECEIPTS NET VARIANCE EXPENDITUR RECEIPTS NET I % CHANGE I (10)-(3) 2)/12,654,344 1 SURPLUS FROM PRIOR YEAR - 138,668 (138,668) . 138,668 (138,668) · 140,000 (140,000) (1,332) -0.01% 1 2 REQUISITIONS - 12,654,344 (12,654,344) - 12,636.303 (12,636,303) (18,041) 0 - 0.00% 2 3 TELEPHONE & TELEGRAPH - - . 6.138 · 6,138 (6.138) 0 · 0.00% 3 4 PAYMENTS IN liEU - - - · - 0 · 0.00% 4 5 CITY OF ST. THOMAS BOUNDARY ADJUSTMENT . 53,972 {53,972 - 53,972 (53.972) · . 53,972 {53.972 - 0.00% 5 6 SUPPLEMENTARY TAXES - 25,000 (25,000) - 95,861 (95,861) 70,861 60,000 (60,000) (35,000) -0.28% 6 7 TAXES WRITTEN OFF 35,000 · 35,000 47,146 · 47,146 (12,146) 35.000 35,000 - 0.00% 7 8 INTEREST CHARGES & INCOME 50,000 - 50,000 - 91,820 (91.820) 141,820 - 25,000 (25,000) (75,000) -0.59% 8 9 FEES - KETTLE CREEK CONSERVATION 16,000 (16.000) 16,000 (16,000) (16,000) -0.13% 9 10 FAMILY & CHILDREN'S SERVICES 45.449 · 45,449 45.449 - 45.449 - - . 0 {45.449 -0.36% 10 11 HEALTH UNIT 1,671,648 - 1,671,648 1,671,646 · 1,671.648 - 1,712,055 1.712,055 40,407 0.32% 11 12 COUNCIL MEMBERS & LOCAL BOARDS 141,110 · 141,110 119,769 · 119.769 21,341 139.910 139,910 (1,200) -0.01% 12 13 ADMINISTRATIVE SERVICES 205,610 - 205,610 199,866 · 199,866 5,744 216,620 216,620 11,010 0.09% 13 14 FINANCIAL SERVICES 272,493 - 272,493 267.965 · 267,965 4.528 225,404 225.404 (47,089) -0.37% 14 15 HUMAN RESOURCES 328.223 - 328,223 311.802 - 311,802 16.421 332.562 332.562 4,339 0.03% 15 16 ADMINISTRATION BUILDING 269,500 243.200 26,300 253,418 242,003 11,415 14,885 253.100 203,500 49,600 23,300 0.18% 16 17 CORPORATE EXPENDITURES 366,553 - 366.553 351,965 · 351,985 14,568 296,934 296,934 (69,619) -0,,55% 1ï 18 ENGINEERING SERVICES 5,544,805 - 5,544,806 5,561,562 · 5,561,582 (16,777) 5,544,805 5,544,805 - 0.00% 18 19 HOMES FOR SENIORS SERVICES 9,224,428 7,650,318 1,574,110 8,ï51,428 7,650,318 1,101,110 473,000 9,193,041 7,795,739 1,397,301 (176,808) -1.40% 19 20 AGRICULTURE 25.500 - 25.500 24.129 - 24.129 1,371 26.380 26.380 880 0.01% 20 21 PIONEER MUSEUM 69,500 15,550 53,950 72.382 20.782 51,600 2,350 77,530 16,850 60,680 6,730 0.05% 21 22 liBRARY SERVICES 1.5ï6,866 164,772 1,412,094 1,646.601 222,796 1,425,805 (13,711) 1,449,160 157,352 1.291,808 (120,286) -0.95% 22 23 LAND DIVISION 57,000 57,000 - 50.930 59,100 (6.170) 8,170 57,000 57,000 0 · 0.00% 23 24 EMERGENCY MEASURES 40,250 - 40,250 26.671 - 26,671 13,579 40,250 40,250 0,,00% 24 25 PLANNING 41.125 - 41.125 - · - 41,125 0 (41,125) -0.32% 25 26 SOCIAL SERVICES & ONTARIO WORKS 6.547,700 3,447,020 3.100.680 5,232.662 2,659,380 2,573,282 527,398 5.574,000 2.874,500 2,699,500 (401,180) -3,,17% 26 27 ADMINISTRATIVE FEE - CITY OF ST. THOMAS 315,000 315,000 315,000 2.49% 27 28 CONTINGENCY FEE 196,085 196,085 196,085 1,,55% 28 29 YEAR 2000 250,000 250,000 250,000 1,,98% 29 30 GRANTS 77,000 - 77,000 ïï.OOO - 77.000 - 83.500 83,500 6.500 0.05% 30 31 ELGIN TOURIST ASSOCIATION 10,000 · 10,000 10,000 - 10,000 - 12,000 12,000 2,000 002%1 31 32 RESERVE FOR MILL RATE STABiliZATION 50,000 - 50,000 50,000 - 50,000 - 755,000 755,000 705,000 5,,57% 32 33 RESERVE FOR INFORMATION TECHNOLOGY 106,700 - 106,700 106,700 - 106. ïOO - 379,809 379,809 273,109 2.16% 33 34 RESERVE FOR BUILDING 200,000 - 200,000 200.000 - 200,000 - 150,000 150,000 (50,000) -0..40% 34 35 RESERVE FOR INSURANCE DEDUCTIBLES 2.884 · 2,884 2.884 - 2,884 - - 0 (2.884) -0.02% 35 36 RESERVE FOR WSIB 50,000 50,000 50.000 0.40%1 36 37 RESERVE FOR FINANCING 756,000 - 755,000 755,000 - 755,000 · 1.011,932 1,011.932 256,932 2.03%1 37 38 RENTAL INCOME-HEALTH UNIT 256,932 (256,932) (256,932) .2.03%1 38 39 RESERVE FOR WATERliNES 161,000 · 161.000 161,000 - 161,000 · - 0 (161,000) -1,,27% 39 40 RESERVE FOR EMPLOYEE INCENTIVE PLAN - - - - · - - 10.000 10,000 10.000 0.08% 40 41 RESERVE FOR VEHICLE PURCHASE 5.000 - 5,000 I 5.000 - 5,000 - 5,000 I 5,000 - 0.00% 41 42 RESERVE FOR ROADS 500,000 - 500.000 500,000 - 500,000 - 100,OO~ I (500,000) -3.95% 42 43 RESTRUCTURING GRANT - COUNTY SHARE - 403,500 (403,500) - 403,500 (403,500) - 403,500 3.19% 43 44 RESERVE FOR AMBULANCE REPLACEMENT 96,000 - 96,000 96.000 - 96,000 - 100,000 4,000 0.03% 44 45 RESERVE FOR RODNEY EXPANSION - - - - · - 30,000 30,000 30,000 0.24% 45 46 PROVINCIAL OFFENSES . 302.000 (302,000) - - - (302,OOO) - 0 302.000 2.39% 46 47 PROPERTY ASSESSMENT 558,000 · 558,000 593,879 · 593,879 (35,879) 600,000 600,000 42,000 0.33% 47 48 AMBULANCE SERVICES 1,176,000 · 1,176,000 1,176,000 · 1,1ï6,OOO · 1,176,000 1,176,000 - 0.00% 48 49 SOCIAL HOUSING 1,901,000 · 1,901,000 1,901,000 - 1,901,000 - 1,209,000 1.209,000 (692,000) -5.47% 49 50 TAX REliEF 20,000 · 20,000 20,000 · 20,000 · 20,000 20,000 - 0.00% 50 51 PHASE-IN 20,000 · 20,000 20.000 · 20,000 - 0 (20,000) -0.16% 51 52 COMMUNITY REINVESTMENT FUND 0 6,221,000 (6,221,000) - 6,221,000 (6,221,000) - I 6,221,000 (6,221.000) I - I 0.00% 52 53 SPECIAL TRANSITION ASSISTANCE 0 775,000 (775,000) - 775,000 (775,000) - 775,000 (ïï5,OOO) - 0.00% 53 . 0 Total 32,151,344 32,151,344 {1 30,318.034 31,286,503 (968,468 952,468 31,527,076 I 18,652,845 12,874.231 1.74%1 219,888 I 1.74%1 12,874,231 31.527.076 1 519 b33 7bbl Clerk County of El Page ElEI2 FAX NO. 4169716191 P. 01 ~ Onh)r'iO El2/23/99 ElEI:El3:27 EST ASSOCIATION OF?-) FEB-22-99 MON 01:48 PM AMO Mini$!~re des Transports B\JrMU du mlnistrø ÊdHioe Ferguson, 36' étago 77, rue Wellesley OlJeä! Toronto (Ontario) M1A 1ZB (416) 327·9200 \N\V'W,1'!'110.gov.on,oa Minislry 01 Tra"spor1~tjon Office of the. Ministe: Ferguson Bloc'K, 3rd Floor 77 Wollesley 51. Weot Toronto, Onlllrio M7A IZ8 (41Ô) 327.9200 WWW.t.\1tO.gov.on.ca February 22, 1999 Heads and Members of Council To Projects Road safety is a priority of the Onlario govemmcnt. Through Ontario's Road Safety Plan, we have workcd with om partners to idcntify and develop appropriate measures to address various forms of aggrcssive driving, including red light running. Wc have listencd to mUllicipalitics that havc called for the use of red Jight cameras to improve interscction safety. In respoilse, we cnacted red light camcra legislation to a1low municipalitics to test the effectivel1ess of various approachc5 to improve interscction safety. Pilot Rcd Light J~nfOl'cement He: The Red Light Cameras Pilot Projects Act, 1998 amcnds the Highway Traffic Act to allow designated municipalities to tcst red light camera systems that will photograph the license plate or thc driver, Thc amendments are designed to pennit prosecution of red Jight offenders, using certificd documents as evidcnce, The govemT\1cnt continucs to beHcve that a visiblc police prc5cnce at interscctions is an effective strategy to reduce red light ntnni11g. Thereforc, munioipalitie5 choosing to introduce red light camera pilot projects will be required to introduce steppcd-up enforcement at other high-risk intersections to allow fOl' comparison between the cameras and traditional enforccmcnt. I understand that some municipalitics are interestcd in starling the pilot projects as soon as possible. At the same timc, implementation mllst bc done carefully to ensure the projects are productive, We need to work together so that the pilot projects are designed to facilitate the laying of charges, prosecution of red light runners, and protectioil of privacy, These projects must also gencrate the data required to perf 01111 a thorough, province-wide evaluation. Fundamental to the success of the pilot projects will be full and open consultation with interested municipalitics and police serviccs. Together, we willllccd to address legal issues, business processcs and tho development of an overall evaluation framework, All ofthcsc elements will form the basis of the nCW regulations under thc Highway Traffic Act and contracts bctween the province and caeh participating municipality. /2 r"'lr.( (!Pg~\~i;i ) -, Thi~ tnateriol i~ provided under contract as a paid advertisetnent by the oríginating organizatian, and does not necessarily reflect the views or po~ítions of t~e Associotion of Municipalities of .~ntarìa (AMO), t~ subsidiary c,,-~~~~fficers, directors or aqents, 9 Page BIB 02 P EI Clerk - County of 4169716191 1 519 &33 7&&1 FAX NO, ASSOCIATION OF?-) AMO 49 PM EST B2/23/99 BB:B4:12 FEB-22-99 MON 0 P~\Y pilot - 2- The contracts wm also address thc issue of cost recovery, Participating munieipalìties wìJI for ,\11 costs associated with the aeq\1Ïsition, iI1stallation and ongoing operation of red light cameras. The province will also need to recover its costs related to the dovelopment oflhe projects and for processing plate OWlcr and driver information Provincial staff will be holding "Kick-Off' meetings in the !irst two weeks of March with appropriate municipal starfto establish a shared understanding rcgarding the purpose of the pilot projects, to addrcss the operational issues, and to reinforeo the uniq\\e partnership approach the government is taking with koy stakeholders to introduce thc pilot projects. Tnformation em meeting (ime5 and localions is provided on the attachment to this letter. Tfyou arc Ìl1terested in attending, please complete this a([achment and reply by fax to Bal'bara Sorbal'a, Business Advisor, Red Light Enforcement Project, by March 2, 1999. The red light enforcement pilot projeots are part of the Ontario government's commitment to reduce aggressivc driving hehaviour and improve road safcty, and are a direct response to 1l1Ullieipal interest. We look forward to working with you in partnership toward the successful implementation of this important safety initiative. Yours very truly, ;tit!: Minister to MUl1Jcipal Clerk cc, Page 884 03 P EI Clerk - County of 416971619 1 519 633 7661 FAX NO. ASSOCIATION OF?-> AMO 49 PM EST 82/23/99 88:84:49 MON 0 FEB-22-99 MEKfINGS GHT ENJ<'ORCEMENT PILOT PROJECT "KICK-OFF" -- -- -- --- -- -- . - - ---- -_.~- - - -- [,1 RE.n 2, 1999. Tel.: (416) 235-4021 Fax.: (416) 235-3729 Email:Sorbara@MTO.GOV.ON.CA. Project by March Please fax your "cgis\ration to Barbara Sorbara, Red Light Enforcement Pilo Barbara Sorbara, Btlsmess Advisor Ministry ofTl'ansporlation Red Light Enroreement Project Rm. 44, Lower Level, East B\1ilding 1201 Wilson Avenue Downsview, Ontario M3M\J8 Reply to 10_:_0_0_A_.M.-=-3~itO P.M. J<INGSTON: FRIDA V, MA'RCU5_~1999 Kingston City Hall Memoria1 Han, 2m' Floor 216 Ontario Street Kingston, Ontario Meeting 10:00 A.M.,.. 3;00 I'.M 999 NOHTHnAY: MONDAY.MARC!l8 Ol1tario Govel'11mm1t Building Champlain-Talon Boarùroom, 2"d 447 McKeown Avenue North Bay, Ontario Floor Meclillg 2. UI-,OO A,i\'[. - 3:0U',M. TORONTO: MONI>AV, MARCH 15.1999 Association ofMunieipali\ios of Ontario 393 University Avenue, Suite 170 I Toronto, Ontario Meeting 3 O:OO-,\.,M. - 3:_0_0_1'.M. 7. 1999 ST. CATHARINES: WRDNt:SDA V, MARCH Ontal'io Minislry of Transportation North Ground Boardrooms, 12, 13 & 14 301 SI. Paul Street 51. Catharines, Ontalio Meeting 4, l'.M O:OOA.M._- 3:00 1999 LONDON: FJUDAV. MARCH 19 Ministry of Transportalion London District Garage Complex 707 Exeler Road London, ÜT1tario Meeting 5. liS contuct you help Your reply wi! Representatives: (Please indicate names of staff attending and the preferred meeting location. if there arc allY changes regarding the meeting lIates or locations.) "Kick-Off M'ëetiJlg -",.. Loe,~~lo11 Choice ..___.. -....,- -,,"- ~-",--~,. 11 TeVf~)( - TitIeJMunlcipality/ OrganÎzation Representative ONTARIO SOIL AND CROP IMPROVEMENT ASSOCIATION Stone Road West. Guelph, Ontario Nt G 4Y2 ~Œ~úm'QŒ1ID FEB 23 WW 1999 (519)826-4214 1-800-265-9751 FAX: 826-4224 E-Mail: oscia@netcom.ca 3 February for protect our Workshop You are invited to participate in the discussion of a focus workshop to review options providing assurance to our neighbours and society that the Ontario NMP Strategy will local communities. We need your ideas and impressions. (NMP) Focus Management Planning Invitation to Nntrient the enclosed for your review: Focus Workshop Components for Societal Assurance through NMP to be discussed at NMP focus workshops. is The following information I NMP Background Summary describing the Ontario NMP Strategy; and, The Issue: Gaining Societal Assurance. 2. is as follows March 1, 1999 Woodstock - OMAFRA Board Room 1:00 - 4:00 p.m. For your area, workshop information Date Location: Time The Ontario Soil and Crop Improvement Association has received federal funding from Agriculture and Agri-Food Canada through the Ontario Agricultural Adaptation Council to research this issue. A report with recommendation to the Ontario Farm Environmental Coalition will be released in the Spring of 1999 office your lOCal OMAFRA office or the provincial Association at 1-800-265-9751 If further information is required, please cal of the Ontario Soil and Crop Improvement workshop, very important in this We greatly appreciate your participation Sincerely, ~¡ l~, Harold B. Rudy Manager, Program Division (F:\MARY\6I.0A,1\HAIIOW\NMI'INVJT.WOO) FOCUS WORKSHOP COMPONENTS for SOCIETAL ASSURANCE through NUTRIENT MANAGEMENT PLANNING (NMP) are, or To provide assurance to society, the four headings below contain components that either have the potential to be implemented through either voluntary or regulatory methods. * designates the component as status quo (already exist as) part of the current Nutrit:nt Management Planning strategy or enabling regulations through new as having potential # designates the component legislation + Other voluntarily. follow NMP & A. Development of NMP I (a). Livestock farms only requested to complete (b), All farms required to complete NMP. * # NMP Professional con5ult.ant completes * 2. their own NMP. to become certified to complete Farmers required #3 reviewed by group, third party NMP reviewed by peer NMP Farmer or consultant prepared (a) OMAFRA or (b) Consultant. Farmer prepared +4 #5 (yearly) for manure application according Land base is registered with municipality to NMP, #6 title to the land. Registration of NMP on # 7. changes occur. significant when updated yearly or Plans * 8 Other +9 B. Implementation of NMP neighbors before spreading. Notify * ./2 records on NMP. through course and exam. 13 with own Custom applicators become certified All applicators become certified. Self-monitor * 2 # 3(a). (b). NMP Background Summary 1999 January Ontario NMP Strategy i. Development A Nutrient Management Planning (NMP) Strategy was developed in March of 1998 by the NMP Working Group of the Ontario Farm Environmental Coalition. The Strategy provides a science-based, planning process for both the afsTicultural community and municipal sectors to use in setting and impleInenting standards that will allow the farming sector to continue to grow and prosper with minimal environmental and societal impacts. Balancing the science aspect, is the concept of good neighbour policies. Particular emphasis has been given to ensuring that water quality and soil health are maintained or improved on farm operations, and that livestock manure odours are minimized through the use of best management practices, The Strategy invites all farmers to document a NMP, 'Nutrient' refers to manure, commercial fertilizer, bio50lids, leguminous crops and plow-down crops. A. BACKGROUND: The Computer software packages, NMP workbooks, and training courses for each, have been developed and are available through OMAFRA. These products will help farmers tailor a NMP to specific livestock and cropping practices on the farm which are consistent with best management practices. ii. Record Keeping The Strategy calls for NMP records to be kept on file for a minimum of six years; based on the need to have three consecutive soil test results to track trends in soil nutrient levels, and to help make informed decisions. in the significant changes any be conducted to reflect will iii. Review An annual review by the farmer operation. A third party review of the NMP is to be coordinated by OMAFRA when a building permit is required on operations having more than 150 Livestock Units OR more than 50 Livestock Units on a land base which exceeds 2 Livestock Units per tillable acre available to the farm operation for the application of nutrients, The review process will also include a check for compliance with minimum distance separation (MDS), and provincial standards manure storage. iv. Additional Considerations The Strategy encourages municipalities to work with local farm organizations to establish County or Regional Nutrient Management Advisory Committees (NMAC). The Committees are to work with the municipality and the relevant provincial ministries to deal with written complaints submitted regarding agricultural nutrients. Valid complaints are followed up by a meeting or correspondence between the NMAC and the farmer. The NMAC recommends action to address the complaint. ./2 15 . -2- Complaints deemed to be violations of legislation are forwarded to the appropriate ministry for investigation. Charges are laid, if appropriate. If charges are not laid and the problem persists, the complainant may involve the FFPP A, providing the nuisance complaint relates to noise, odour, dust, flies, light, vibration or smoke. The Strategy also recognizes the need to develop a process to detennine the impact of NMPs, and identify where additional steps are required to more effectively address environmental, economic and social concerns related to the production, storage and utilization of agricultural nutrients. Assurance i. Introduction Experts suggest that on environmental issues, society is rapidly moving away from broad acceptance that producers are acting in good faith, to demanding a 'show me' attitude that requires farmers to demonstrate a serious intent to change for the better. G. Wall and Associates have conducted a thorough literature search to prepare "NMP: Developing a Framework for Societal Assurance in Ontario" (1999), The remaining discussion presented here are excerpts taken directly from their report. The comments are not specifically directed to the Ontario NMP, but rather, are offered for consideration, The reader is asked to formulate an opinion on the appropriateness of the current approach mapped out by the NMP Working Group of the OFEC (presented in Section A -above). Will it provide a comfortable level of societal assurance? If not, how should the Strategy be modified? B. THE ISSUE: Gaininl! Societal For many non-farm and non-rural members of society, the daily operations of the agricultural community are not understood, and a lack of understanding can lead to mistrust. The fact that a relatively small segment of the population (farmers) appear to 'control' the activity (and associated pollution risks) on most of the land base, can make the non-farm sector uneasy. For nutrient management planning "Societal Assurance" refers to what people need to know in order to believe, or be 'assured' that environmental problems or health risks will not result from nutrient mismanagement. For the most part, society allows farmers the freedom, within reason, to do as they will with their land in order to earn a living and further supports the farming community through the consumption of agricultural produce. In turn, the farm community has the responsibility to assure the consumers that farmers are committed to long-term production and protection of the environment, that they have the knowledge and capability to plan for the land resource, and that their long-term activities will not affect the health and welfare of people or the environment. Current trends in agro-environmental problems have necessitated the need for more comprehensive planning and remedial measures. ii. Approaches to NMP NMP provides a planned response to society's concerns, and a framework from establish achievable goals for environmental 5u5tainability and production efficiency. framework applies the principles of nutrient cycling into a step-by-step management process. which to The 16 .J¡ _ ~. .", -2- NMP and application according to standards. An independent agency monitors # 4, on NMP implementation implementation of NMP Random audits/inspection be conducted by third party including soil testing, Municipality monitors # 5 # 6, is required for manure application. License Other #7 + 8 C. Handling of Complaints Local Advisory Committee 1 * government staff investigate Provincial * 2 Municipal staff investigate. # 3 Water with courts Existing infrastructure such as Environmental Protection Act, Ontario Resources Act, and Farm and Food Practices Protection Act will deal through civi Handle * 4. * 5 complaints Resources Act and federal Fisheries Water Ontario D. Enforcement Environmental Protection Act, Act are adequate. 1 * implementing a NMP with power Fines through the above legislation are sufficient. Establish additional fines for not developing and to shut * 2(a), # (b), down operations. title. agreements on Develop NMP #3 License to farm. Other # 4. +5 14 January 1999 (~:\M¡\R~I,DA1\UAROI..t)\NMP<:OMI'O,W"S) wastes. -3- All agricultural soils have inherent, limited capacities to store nutrients and dilute When the critical threshold is surpassed, the risk of pollution increases. The NMP provides a basis by which it can be assessed if the farmer has sufficiently complied with recommendations and regulations regarding pollution abatement. Operators might elect to have a NMP prepared even where a plan is not required, to prove due-diligence and to pro- actively deal with nutrients before they become a problem. It is the visual evidence - and often the smell- of manure handling practices that makes a fIrst impression with the non-farming sector. Perception is at least as important as the fact that the agricultural sector is effectively integrating economic and environmental concerns. While technically not part of a NMP, appropriate and safe manure storage and handling systems, and the existence of a strong contingency plan in the event of a spill, are integral components for societal assurance. iii. Techniques for Societal Assurance The degree of vigour whereby assurance is achieved will fluctuate greatly depending on the familiarity of the individual with the agricultural sector. Attitudes can affect societal 3B5urance, particularly if the farming sector shows an indifferent attitude towards society's concerns, and society adopts a 'no or low tolerance' attitude towards NM practices. Education and communication would appear to be [be key to eliminating negative attitudes. Techniques for societal assurance include: a. Sight. >- Good overall appearance of farm; >- Facilities and storages in good repair; >- No obvious signs of pollution; >- On-farm demonstration signs. Smell: >- b. Sensory Assurance 1 kept to a minimum. Odours Inclusion of the concerns. to Seek out and listen in the planning process, Good-Neighbour Practices. Being Pro-Active With Communication- other members in the community 2 3 and/or conflict resolution. Recognition of Any Successes fosters a positive environmental image. Publicize gains to audience within and outside agricultural sector. regulations - to avoid unnecessary Willingness to Compromise 4. 5 Due Diligence - place the onus on the producer for developing the NMP, and also place responsibility with the rest of society to become better informed about farming practices. Assurance is greatest when the producer voluntarily complies. 17 6 do exist know that standards -4- and Guidelines the general population wants to is making the industry comply with them. Standards and that someone 7. are Whole Farm Plans as many problem areas are accounted for, and a range of solutions brought to bear on a situation. 8, are available for scrutiny information and records Environmental Accounting (if necessary). 9, farming their support for lends credibility. Requires training. public to show allows and Products Certification of Individuals Certification of Fanus methods. 10. 11 and Working in Collaboration - all experts (eg. government agencies, researchers, citizen environmental groups) are in agreement. Public is more inclined to unconditionally accept the recommendations of the group. Assurance is greatest when there is a conciliatory and united effort. 12. latest the be revised to incorporate will Peer Review - standards are refined, and plans information and technologies, 13 will undermines societal assurance. Must have phases of the program, and the ability to adapt to Strong Leadership lack of political ongoing evaluation and assessment at al reach the goals. 14. or agencies the threat of legislation present. by govemment routine inspections society wants regular, - through audits. Legislation and Regulation Enforcing Regulations through third-party 15 16. Contingency Plan if an accident does occur, there must be a plan in place to fix the problem. Confidence in the experts' ability to know what to do in an emergency, and demonstrated success in environmental rehabilitation. 17. 18 1999 January /mbf W'_-"':''''->-'--- r~:",·',::),H,;\+\t¡;"::,;{Q,:i~~\:~riU:::';i,¡" ", 'ì ¡ !r" X " ""i'!; i:e \ if! ' '~ " 'If ~ -~ ¡¡'¡"fb IØ" ·t$·\"-~VJ iJì, ~;1' ~ ,~¥# ~?J~ ~~"ø -'''Y ~8~ ~.~ ....mml1'" Ontario Ministère des Transports Bureau du ministre Édifice Ferguson, 3 e étage 77, rue Wellesley ouest Toronto (Ontario) M7A 128 (416) 327-9200 www.mto.gov.on.ca Ministry of Transportation Office of the Minister 3rd Floor West Ferguson Block 77 Wellesley St. Toronto, Ontario M7A 1Z8 (416) 327-9200 www.mto.gov.on.ca I'~:I cm.¡y...!1''{ {If U!:im Ç),ß\11!jJ!IHtîi FEB ;';0 1999 Mr. W. Perry Clutterbuck Warden, County of Elgin 450 Sunset Drive S1. Thomas, Ontario N5R 5VI 12, February Mr. Clutterbuck: I am pleased to advise you that the Government of Ontario is now completing its review of real estate assets associated with local highways now'under municipal jurisdiction. We are now preparing to make those assets that have been identified as being surplus to provincial needs available to individual municipalities. Dear As you are aware, a number of former Ministry of Transportation patrol yards and picnic sites exist along these former provincial highways. Over the last year, provincial staff have been completing evaluations of these sites, in preparation for transferring these sites to the municipalities in which they are located. Preliminary discussions were undertaken in 1998 with representatives of each of these municipalities to determine the interests in these assets. I request that you contact MTO District Staff by March 15, 1999 to confirm interest in the available surplus facilities, and to initiate further discussions for the potential transfer of these assets, subject to negotiation of appropriate conditions. If you have any questions in the interim, please contact Mr. Steve Killaire, the ministry's Southwest District Engineer at (519) 351-3557. I look forward to the completion of the transfer of these assets to ensure that municipalities have every opportunity to make use of existing facilities to maximize their operating efficiencies. In this way, together we can continue to ensure that Ontario motorists benefit ftom a safe, efficient, and effective transportation network. The Honourable Chris Hodgson, M.P,P. Peter North, M.P,P. c.c. {"..¡¡\-itA-i.,) ~1", , ._._-~~_.,,,",.---.,.,.,. ~1[fœŒ\]\qŒ.\ID c/o Ruby Silcox, Sec.Treas RR#3, Shedden, Ont., NOL 2EO 619)769-2362; Fax: (619)769-2161 or Elgin Agriculture Centre Tues & Thurs, 11 am to 3 pm (619)633-0114 r,~~ CiJ;11!T1'V [If !1ß!!ìI ',',', "~W'" ~"'''~, ':rii£.1;;.::"';.t;'"·'t.-~ 2<) fES February 22,1999 like to invite you or a New Sarum Diner, on Elgin Federation of Agriculture, I would in our annual Elgin County Farm Forum at On behalf of the representative to participate Friday, March 26th, 1999. from will be on informing the candidates and their various issues. With an upcoming Provincial election, our focus Elgin about the different farming commodity organizations organization's to On March 26th, the agenda will be as follows: Registration Welcome, Mark Wales, President ofEFA Presentations by organizations Candidates presentations to concerns speak 9:16 to 9:30 a.m. 9:30 to 9:35 a.m. 9:35 to 10:16 a.m. 10:15 to noon Candidates Q & A session Greetings from area elected officials Lunch Speaker, David Brown 'The Wealthy Farmer' Closing remarks 12:00 p.m. 1:00 to 1:45 p.m. 1:45 to 2:00 p.m. Cost oflUl1ch for the day will be $10.00 payable at the door. Please reply by March 22nd as to the number attending so arrangements can be made for the meal. The Elgin Federation of Agriculture is looking forward to your participation and hope that we can generate some lively discussion with our election candidates. Yours truly, :/þv¡ Secretary-Treasurer Elgin Federation of Agriculture :rgs & Carrie The Corporation of the County of Elgin c/o Mr. Murray Hennessey Hennessey, Bowsher, Gibson Barristers and Solicitors To 108 Centre Street P.O, Box 548 St. Thomas, ON N5P 3V6 Christian Home Association of Mount Hamilton (hereinafter called "the Purchaser") hereby makes the following conditional offer to purchase from The Corporation of the County of Elgin (hereinafter called "the Vendor") the right to operate 57 licensed nursing home beds pursuant to Licence No. 2165 issued under the Nursing Homes Act (hereinafter called the "Licence" or the "Purchased Property") "the Purchase Price") for the Purchased Property 150,000.00) Purchase_Erice The purchase price (hereinafter called be One Million One Hundred Fifty Thousand Dollars ($1 I shall Payment Upon receipt of written acceptance of this offer, the Purchaser shall provide a deposit of Twenty-five Thousand Dollars ($25,000.00) (hereinafter called "the-Deposit") to the Purchaser's solicitors to be held in Trust by them pending completion or other tennination of the transaction contemplated herein. Interest which accrues on the Deposit (if any), will be credited towards the Purchase Price on Closing. In the event that under the terms hereof the Deposit is returned to the Purchaser, the Purchaser will also be entitled to receive all interest which has accrued thereon. The Deposit will be payable conditional upon completion of the transaction of purchase and sale contemplated herein whereupon the Vendor shall be entitled to draw upon the Deposit in accordance with its terms. If the transaction contemplated herein shall fail to close for any reason whatsoever, the Deposit shall forthwith be returned to the Purchaser and cancelled. Notwithstanding anything in this clause to the contrary, the Vendor shall be pennitted to retain the sum of Five Thousand Dollars ($5,000.00) to cover its cost and/or for consideration for accepting this "conditional" offer. 2 Million One Hundred Twenty- The balance of the Purchase Price, being the sum of One Five Thousand Dollars ($1,125,000.00) shall be paid as follows: '}/ the sum of Two Hundred Sixty-Two Thousand Five Hundred Dollars ($262,500.00) shall be paid by delivery by the Purchaser to the Vendor of a J 2 (a) 2 and the balance of the Purchase Price, being the sum of Eight Hundred and Sixty-Two Thousand Five Hundred Dollars ($862,500.00) shall be evidenced by a promissory note issued by the Purchaser in favour of the Vendor on the Closing Date. The promissory note shall be payable on the earlier of the date on which the Purchaser has opened a facility to house the fifty-seven (57) nursing home beds represented by the Licence or that date which is eighteen months from the Closing Date. Interest on the principal balance owing shall accrue at a rate of 6% per annum, calculated half-yearly, not in advance, with interest paid in arrears montWy on the 1st day of the month commencing on the 1st day of the month following the Closing Date. (as hereinafter defined) certified cheque on the Closing Date (b) have the right to prepay the principal balance without notice, The Purchaser shall bonus or penalty. 3 Security So long as part of the Purchase Price remains unpaid, the Purchaser shall deliver to the Vendor security in a form acceptable to the Vendor securing a charge in the commitment to issue Licences and the Licence. 4 Closing Closing of the transaction of purchase and sale contemplated herein shall take place at 11:00 a.m. (the "Time of Closing") on the 10th business day (being a day that is other than a Saturday, Sunday or statutory holiday in the Province of Ontario) following satisfaction or waiver of the conditions described in Article 5 hereof or April 30, 1999, whichever date is earlier (hereinafter the "Closing Date" or "Closing"), provided that, ifthere has been no satisfaction or waiver of the conditions described in Article 5 hereof by April 30, 1999, then the Purchaser shall be entitled unilaterally to extend the Closing Date by thirty (30) day extensions, for no more than four (4) times. In other words, the latest possible Closing Date will be August 30,1999. of the Purchaser The obligation of the Purchaser to complete the transaction of purchase and sale contemplated herein shall be subject to satisfaction of, or compliance with, at or before the Closing Date of all of the following conditions precedent (each of which is hereby acknowledged to be inserted for the exclusive benefit of the Purchaser and may be waived (only in writin except where explicitly stated in this Offer to Purchase) by it, in whole or in part). In the 22 g, event for the Benefit 5 3 been satisfied or waived by the Purchaser on or before be at an end and the Deposit, subject to the withholding be returned to the Purchaser without set-off or deduction. any of the following conditions have not Closing, this Offer to Purchase shal referred to in Article 2 hereof, shal being understood that the satisfaction or waiver of each such condition is mandatory and precedent to any obligation of the Purchaser to close this transaction. The Purchaser hereby undertakes in good faith to act expeditiously to complete the required applications, etc. necessary for fulfillment of certain enumerated conditions: It On or before Closing, the Ministry of Health (Ontario) (hereinafter called "the Ministry") shall have issued licences or a commitment to issue licences pursuant to the Nursing Homes Act (Ontario) for a total of fifty-seven (57) nursing home beds, which licences or commitment to issue a licence will permit the operation of a nursing home on conditions satisfactory to the Purchaser in its sole and absolute discretion, provided that Ministry approval shall be on terms satisfactory to the Purchaser in its sole discretion and further provided that Ministry approval shall allow the Purchaser in its sole and unfettered discretion to allocate the nursing home beds comprising the Licences to one nursing home facility owned, controlled or leased by the Purchaser and to be located behind the property known municipally as 1411 Upper Wellington Street in Hamilton, Ontario (a) the Purchaser shall receive written assurance ITom the Ministry that the licence will permit the operation of nursing home beds which provide the maximum amount of government funding available on a per diem basis for the day to day operation of the beds; (b) the Purchaser shall receive written assurance from the Ministry that these fifty- seven (57) nursing home beds qualifY for the maximum available capital funding from the Ministry, which at present is set at $10.35 per diem; (c) after receipt of the Ministry approval described in 5(a) hereof and the requisite assurances described in 5(b) and (c) hereof the Purchaser shall then make a zoning application for approval for the requisite zoning required for the subject lands upon which the facility operating the nursing home beds will be situate. On or before Closing, the Purchaser shall have received the requisite zoning approvals ITom the relevant government authorities; (d) the Purchaser shall have received the requisite approval for this transaction from its Board of Directors and its membership on or before thirty (30) days from the date of receipt of written acceptance of this offer from the Vendor, failing which the deposit shall be returned to the Purchaser subject to the withholding referred to in Article 2 (e) its banker on terms the Purchaser shall have received approval for financing from 23 (f) 4 satisfactory to the Purchaser on or before sixty (60) days from the date of receipt of written acceptance ofthis offer from the Vendor, failing which the deposit shall be returned to the Purchaser subject to the withholding referred to in Article 2 the Vendor represents and warrants that the Vendor has authority to enter into this Agreement, has done no act to encumber the Purchased Property and is not a non- resident of Canada within the meaning of the Income Tax Act (Canada). (g) ,. ht to Transfer From and after the date of acceptance of this Offer to Purchase, the Licence shall be and remain at the risk of the Vendor and if the Licence is limited, restricted, suspended, cancelled or reduced by the Province of Ontario, the Ministry or any other governmental or judicial authority, the Purchaser upon receiving notice thereof shall have the option of terminating this Offer to Purchase and shall thereupon be entitled to the return ofthe Deposit subject to the withholding referred to in Article 2 hereof or shall otherwise be entitled to waive any or all of the conditions contained therein and proceed with the Closing of the transaction, with subject limitations, restrictions, suspensions, cancellations or reductions imposed by the Province of Ontario, the Ministry or any other government or judicial authority, Ri 6. unti15:00 p.m Acc"Wtance This Offer to Purchase shall be open for acceptance by the Vendor (Toronto time) on the 22nd day ofFebmary, 1999. 7 limited stipulated, time If this Offer to Purchase is not accepted by the Vendor within the this Offer to Purchase will be deemed to be terminated. 1999 this 12th day ofFebmary, Dated at Hamilton, Christian Home Association of Mount Hamilton a/[)Jc-u..l~ .....---. Per 1999 24 the above Offer to Purchase day ofFebmary, Hamilton, this undersigned accepts Dated at The 450 SUNSET DRIVE ST. THOMAS, ONTARIO N5R 5V1 PHONE (519) 631·1460 FAX (519) 633·7661 ONThRJ;O A PROVINCE FOR Au AGES ~ ~ International Year of Older Persons MARK G. McDONALD CHIEF ADMINISTRATIVE OFFICER (Mrs.) SANDRA J. HEFFREN DEPUTY COUNTY CLERK 999 Honourable Janet Ecker Minister of Community and Social Services 6th Floor, Hepburn Block TORONTO, Ontario M7A2E1 1 17 February 1999 meeting 16th Minister: The Council of the Corporation of the County of Elgin. at its February adopted the following resolution "THAT the Corporation of the County of Elgin adopts "The Provincial/Municipal Case Integration Plan for the Corporation of the City of St. Thomas (the Consolidated Municipal Service Manager) and the Corporation of the County of Elgin dated November 16, 1998", in its entirety. ~, r;?" 6. ¡,;;;;..... © ~ Dear - Carried. (signed) Warden Rien Van Brenk' Thomas has forwarded this document to you It is our understanding that the City of St. previously. ) truly, \dQ. S./-/'effren (Mrs Deputy Clerk. Yours Thomas City of St. SJH/db N. Roy Main, Administrator, c.c. 450 SUNSET DRIVE ST. THOMAS, ONTARIO N5R 5V1 PHONE (519) 631·1460 FAX (519) 633·7661 Persons ONTht~O A PROVINCE FOR Au AGES ~ ~ International Year MARK G. McDONALD CHIEF ADMINISTRATIVE OFFICER (Mrs.) SANDRA J. HEFFREN DEPUTY COUNTY CLERK of Older 1999 Honourable Tony Clement Minister of Transportation 3rd Floor, Ferguson Block TORONTO, Ontario M7A 1Z8 17 February 1999 meeting, 16th Minister: The Council of the Corporation of the County of Elgin, at its February adopted the following resolution Dear "THAT the Corporation of the County of Elgin adopts the resolution from the OGRA requesting the Provincial Government to give municipalities access to revenue from road user taxes and fees; and THAT copies of this resolution of support be forwarded to the Western Warden's Association, Peter North, M.P.P., all Counties in Ontario, and local municipalities in the County of Elgin for endorsement. - Carried Unanimously. (signed) Warden Rien VanBrenk" > @b o A copy of the resolution from OGRA is attached for ease of reference, as well as a report from Warden Rien Van Brenk providing further elaboration on this important matter. We look forward to your favourable response. ~.Q S.J. <;{effren (Mrs.) Deputy Clerk. SJH/db Att. c.c. - Western Warden's Association - Mr. Peter North, M.P.P. - Elgin Local Municipalities - All Counties in Ontario OGRA Bruce Smith, truly, Yours M.P.P. DRAFT) REPORT TO COUNTY COUNCIL Rien Van Brenk, Warden FROM 1999 12th February DATE THE MUNICIPAL ROAD SYSTEM SUBJEC~ UNDERFUNrnNG Introduction Council will recall from my Inaugural Address that the inadequate funding of municipal roads is a major concern. For example, the County's annual capital forecast estimates $5.3m is required to maintain the County road system at provincially acceptable levels. Yet, no direct Ministry dollars are being dedicated to municipal road infrastructure. The County, because of the downloaded costs of services such as Social Housing and the Health Unit, is able to allocate approximately $3.5m each year towards capital upgrades. At this rate, the roads will deteriorate rapidly and perhaps to a condition that jeopardizes public safety. Council may be aware that the more that roads are permitted to deteriorate the costlier the fix in the future. It is important to note that the difference between the required investment in roads each year to avoid future costs and what is actually spent is a deficit. This deficit is growing each year and cumulative deficits produce huge unfunded liabilities for future taxpayers. As background to this report, staff have surveyed other municipalities to determine the content of their respective presentations to the Minister of Transportation and have met with myself on two occasions to discuss the nature of the County of Elgin's approach to this serious financial inequity. As Warden, my recommendation is to approach the Minister of Transportation to permit municipalities to access revenue from road user taxes and fees, to enable municipalities to properly maintain the road network. Discussion A safe and well-maintained road network is vital to public safety and provides tremendous economic spin off to support Ontario's tourism, commerce, industry and business interests. The Province of Ontario benefits directly from the road system and collects taxes and user fees from its use. Unfortunately for municipalities, the level of government that funds 90% of the provincial road network, we do not receive any portion of these taxes or revenues. Instead, the over-burdened property taxpayer funds the road transportation network. In Elgin County, including the lower-tier municipalities, the local road system consists of ONTARIO GOOD ROADS ASSOCIATION 530 OTTO ROAD. UNIT 2 MISSISSAUGA, ONTARIO lST 2L5 TELëPHONE 905 795 . 2555 FAX 905 795: 2660 ~~tØrk.~ MEMO OGRA Membership TO OGRA Executive Director, Sheila Richardson FROM 1999 18 Resolutions January DATE: RE on The following resolutions have been submitted for debate at OGRA's 1999 Annual Conference. The debate of resolutions will take place at 3:00 p.m February 22,1999. REQUEST THAT THE PROVINCIAL GOVERNMENT GIVE MUNICIPALITIES ACCESS TO REVENUE FROM ROAD USER TAXES AND FEES 99-01 to Board of Directors WHEREAS a well-maintained, safe and ccordinated road network is needed support Ontario's business, industry, tourism, and commerce, as well as the transportation needs and safety of Ontario's residents; and FROM WHEREAS municipalities are currently responsible for approximately 90% of Ontario's road system and are expected to fund their transportation systems with revenue solely from the property tax base; and WHEREAS access to roads is not restricted to property taxpayers of the municipality in which the roads are situate; and WHEREAS relying on the property tax base to fund road maintenance and construction will not provide sufficient funds to sustain a system of roads in Ontario sufficient to meet the future needs of Ontario's residents and commerce; and WHEREAS in 1997-98 the Province of Ontario collected $1,275 billion more in road user fees from motorists than was spent on all transportation initiatives with the rest going into general revenue; THEREFORE BE IT RESOLVED that the Provincial Government give municipalities access to revenue generated from road user taxes and fees. COMMITTEE RECOMMENDATION: Recommended 450 SUNSET DRIVE ST. THOMAS, ONTARIO N5R 5V1 PHONE (519) 631-1460 FAX (519) 633·7661 ONThR);O A PROVINCE FOR ALL AGES 4 ~ International Year of Older Persons MARK G. McDONALD CHIEF ADMINISTRATIVE OFFICER (Mrs.) SANDRA J. HEFFREN DEPUTY COUNTY CLERK 999 1 17, February Lower Thames Valley Conservation Authority 100 Thames Street CHATHAM, Ontario N7L 1Y8 1999 meeting, 16th Dear Sir: The Council of the Corporation of the County of Elgin, at its February adopted the following resolution "THAT the Lower Thames Valley Conservation Authority undertake a detailed assessment of the organizational alternatives of Renewal of the L TVCA; and amalgamation with UTRCA; and THAT each said alternative studied include a full review of Elgin County needs and preferences as documented on Page VII of the Executive Summary for the Organizational Review for the Lower Thames Valley Conservation Authority, dated October, 1998; and THAT a study team be organized by L TVCA to undertake the said assessment to include one representative from Elgin municipalities within the jurisdiction of the L TVCA watershed; and further THAT the Councils of West Elgin, Dutton/Dunwich and Southwold be permitted to appoint the said representative. ~. @leo; © (J) - Carried. (signed) Warden Rien Van Brenk" Yours truly, yJO.0 S.J{/effren ) Deputy Clerk. c.c. - Councils of West Elgin; DuttonlDunwich - Mr. Peter North, M.P.P. - Mr. Bruce Smith, M.P.P. - Minister of Natural Resources this matter. the County of Elgin's official position on Please accept this as Southwold CONSERVAT!ON ONTARIO ~i1 \¡¿iTTi;, p\'(jn Œ' ®~ . 'fj .:.¡.,.: " .''*"' _ ':'.. J i~, &0 " -J.,'r. '\ ,)~,~ . !JP- '~ MAR 4 'J'J~ Ctm~m ifF E!.fil\\J Çlf~~3 Gr?;~~ CHAIRMAN KEN BROOKS CITY OF LONDON VICE-CHAIRM,AN JIM McLELLAN EKFRID TOV'vNSH 1999 March 2 ON N5R 5V1 Thomas, Drive, St. of the Municipality of West Elgin, 450 Sunset Attn: Joanne Groch Counci IJO Dutton, ON NOL 199 Main St. Box 329 of the Municipality ofDutton/Dunwich, Attn: Ken Loveland Council 1KO of the Township of Township of Southwold, 35663 Fingal Line, Fingal, ON NOL Attn: Alex Pow Council ORGANIZATIONAL ALTERNATIVES REVIEW The Authority recently received the attached correspondence and resolution ITom the County of Elgin. Based on discussions and our recent meeting it is assumed that the County's resolution reflects your municipality' 5 position in the above matter. Re: At the Authority's Annual Meeting on February 25, 1999 a Committee was formed consisting of the Chairman who represents the City of London, two members iTom the Municipality of Chatham- Kent, one member ITom the Town of Lake shore in Essex County, one member ITom Caradoc Township in Middlesex County, and one Authority member from the member municipalities in Elgin County. Therefore, as requested, please advise us of your appointee to the committee. For your information, the Authority's appointed members ITom Elgin County are John Beharrell, Peter Hentz and Robert Coles. 4:00 P.M. March 11, 1999 at Thursday, As the Chairman has tentatively scheduled a meeting for your early response would be appreciated. Jerry G. Campbell General Manager/Secretary-Treasurer JGC/vw (Mrs.) Heffren, vC:ounty of Elgin Attn: SJ Mr. Peter North, M.P.P. Mr. Bruce Smith, M.P.P. 100 THAMES ST. c.c ! \ \ ~ 519) 352-3435 '>, SECRETARY,ïREASURER FAX (519) 354-7310 GENERAL MANAGER N7L 2Y8 CHATHAM. ONT. G. C,Ä.MPBEL~ JERRY MARK G. McDONALD 450 SUNSET DRIVE CHIEF ADMINISTRATIVE OFFICER ST. THOMAS, ONTARIO N5R 5V1 (Mr.,) SANDRA J, HEFFREN PHONE (519) 631-1460 DEPUTY COUNTY CLERK FP0«519) 633-7661 ONTht~O February 17,1999 A PROVINCE FOR ALL AGES ~. Honourable AI Leach ~ ~ Ç/".. Minister of Municipal Affairs and Housing International Year of Older Persons ~ 777 Bay Street, 17th Floor r TORONTO, Ontario ~¿, M5G 2E5 «J Dear Minister: The Council of the Corporation of the County of Elgin, at its February 16th, 1999 meeting, adopted the following resolution: "THAT the Corporation of the County of Elgin supports the OMERS Board initiatives regarding Pension Fund Surplus Management. - Carried. (signed) Warden Rien VanBrenk' Please accept this as the County of Elgin's official position on this matter. Yours truly, 0~.~ S.J. effren (Mrs.), Deputy Clerk. c.c. Director of Human Resources OMERS 450 SUNSET DRIVE ST. THOMAS, ONTARIO NSR 5V1 PHONE (519) 631-1460 FAX (519) 633-7661 ELGIN COUNTY LIBRARY CATHY BISHOP Manager of Library Services 1999 12, March Mr. Murray Hennessey Hennessey, Bowsher, Gibson & Carrie 108 Centre Street P. 0, Box 548 St. Thomas, ON N5P 3V6 Hennessey: The Elgin County Library Standard Municipal Lease and the Branch Construction Policy need to be revised to meet the current needs of the County of Elgin and the Municipalities Mr. Dear As a result, I have attempted to make changes as to the format of both documents and to the wording, Council has approved the building of new libraries, the expansion of existing libraries and the relocation of existing libraries. The 1984 policy on.ly addresses the construction of "new" library facilities. County Council was presented with a "summary" of policy decisions in regard to both these documents. I have enclosed the summary along with notes indicating their decisions. Policy decision #13 refers to 40 year leases which four municipalities have and do not expire until the year 2022. Council's decision was not to touch these leases but as they expire change to the "new" lease. Any leases that have expired within the last 2 years have been renewed until December 31, 1999 so there was some consistency and standardization I have enclosed copies of the present lease and branch construction policy along with the draft lease and branch construction policy I would like to implement. The "old" lease makes mention of Schedules A, B, and C which have gone missing therefore are not attached. I have drafted new schedules. Branch Construction Policy & Standard E.C. Municipal Lease Page 2 Please be reminded that this was my first attempt to obtain ease and consistency without changing the actual intention or legalities of the "old" documents. I would appreciate if you could review both documents and add any comments or suggestions. Please do not hesitate to call if you require further information. look forward to your response. Thank you for your assistance In this matter and r respectfully Mrs. Cathy Bishop, Manager of Library Services cc: M.McDonald Ene!. 6 pÚl--,--é'- ( C;j..,'; '-'b ~ (passed by County Council, January, 1984) LmRARY BRANCH CONSTRUCTION POLICY The following shall constitute the policy of the Elgin County Library Committee and/or the Corporation of the County of Elgin to be followed in considering any participation it will have with any Municipality represented on County Council in the establishment of Library facilities anywhere in the County. A. ACTION INITIATED BY MUNICIPALITY 1.0 The Municipality shall first determine from the Committee, if in the opinion of the Committee, there is a need for Library facilities and/or new facilities in the Municipality. 2.0 If the answer to 1.0 is in the affirmative, the Committee should state the square feet area required to provide the Library service desired and 50 notify the Municipality, and shall at this time provide the Municipality with a Draft Lease as hereinafter contemplated. 3.0 Should the Municipality wish to pursue the matter it shall notify the Committee, and within a reasonable period of time it shall submit to the County Council and to the Committee a proposal which shall set out the following: 3.01 The address and description of the proposed site and building to be constructed and/or renovated. 3.02 The interior gross area ofthe building or proposed building. 3.03 The size ofthe area designated or to be designated for Library use which area shall not be less than that indicated by Clause 2.0 Library Branch Construction Policy Page 2 ._--~ -------------------------------- 3.04 The estimated total cost of construction or renovation required to complete the entire facility and in particular the estimate shall include the following: 3.04.1 Construction Timetables. 3.04.2 Cost of construction or renovation including mechanicals. 3.04.3 Cost of interior fittings for Library fittings. 3.04.4 Arclútect's fees. 3.04.5 Interim financing cost. 3.04.6 Source of funding for project. 3.1 The Committee upon receiving notification trom the Municipality pursuant to Clause 3.0 shall prepare for submission to County Council, its estimation of the cost to it, if the Municipality proposal is proceeded with. 4.0 The Council upon receiving the proposal from the Municipality and the estimation of cost and recommendation from the Committee shall consider the proposal. If acceptable, and Council determines that it wishes to participate in the establishment of the Library facilities recommended, the County Clerk shall notifY the Municipality and the Committee of the amount of the Capital Grant (as specified in the lease) which the Council is prepared to make towards the proposed building and the mode and time the grant will be made; which grant when made, if accepted by the Municipality, shall be an interest free loan to be repaid as per Library Branch Construction Policy Page 3 ----- -------------------------------- standard Elgin Countv Libra Lease. To expedite matters a Letter ofIntent detailing the arrangement may be signed by the County and the Municipality. 4.1 Upon the Clerk of the County being advised in writing by the Municipality that the amount of the grant proposed in Clause 4.0 is satisfactory to the Municipality, the Clerk shall be authorized to pay such grant upon receipt of an executed standard Elgin County Library Municipal Lease. 5.0 5.0.1 The Muncipality shall cause plans and specifications of the Library premises to be prepared, which plans must be approved by the Committee. 5.0.2. The Municipality shall be the owner of the land and building. 5.0.3. The Municipality shall, at its cost, cause the building to be constructed in accordance with the plans and specifications referred to in Clause 5.0.1. 5,1 Both Parties to the Lease shall be responsible for their own legal cost in the negotiation and/or drafting of any Lease Agreement. B. ACTION INITIATED BY THE COMMITTEE 1.0 In any plans wherein no Municipality is involved the Committee will proceed in the normal manner. C. NEW LffiRARIES The square footage of Branch Libraries shall be 2,500 square feet except in the case of resource Libraries which shall be 5,000 square feet. Branch Library Construction Policy Page 4 .-------------------------------- In all cases of new construction the Libraries shall be on one level. During the "7 three year term of each Council the construction of only one Library will be 1'l" allowed. "DRAFT" Proposed Policy LIBRARY BRANCH CONSTRUCTION POLICY The following shall constitute the policy ofthe Elgin County Library for the Corporation will have with any it to be followed in considering any participation of the County of Elgin the establishment of Library Municipality represented on County Council in iàcilities anywhere in the County. NEW LIBRARIES, EXPANDED LIBRARIES OR RELOCATION OF EXISTING LIBRARIES The square footage of newly constructed Branch Libraries shall be no less than 2,500 which shall be no less the case of Reference Resource Libraries square feet except in be no less than 600 sqnare feet. libraries shall Expanded than 5,000 square feet. In all cases of new construction the Libraries shall be on one level. the County are not to exceed $50,000.00. Capital Grant requests from must libraries expansion of libraries or relocation of libraries, requests for new All no later than December of each year for budgeting purposes. be considered for the following year. received by Council Any request received after December 31 will Branch Construction Policy Page 2 ----- ------------------------ A. ACTION INITIATED BY THE MUNICIPALITY 1.0 The Municipality shall first determine, if in the opinion of their Council, if there is a need for a library facility, a new library, an expansion of the existing library facility, or relocation ofthe existing library facility in the Municipality. 2,0 Ifthe answer to 1.0 is in the affirmative, the Municipality should notifY in writing the C.A.O of the County of Elgin and Manager of Library Service and shall at this time provide the them with a proposed outline for a new library, an expansion of the existing library facility or relocation of the existing library facility as hereinafter contemplated and should set out the following information: 2.01 The address and description of the proposed site and building to be constructed, expanded, or relocated. 2.02 The approximate interior gross area of the new building, expanded building or relocated building. 2.03 The approximate size of the area designated to be for library use. 2.04 Approximate Capital Grant requested fi:om the County (not to exceed $50,000,00). 2.05 The proposed date to commence construction. 3.0 The Manager of Library Service shall forward the proposal to County Council. Branch Construction Policy Page 3 ----. ----------------------- 4.0 Upon receiving the proposal outline from the Municipality, County Council shall consider the proposal. If acceptable, and County Council determines that it wishes to participate in an new library facility, expanded library facility, or relocated Library facility recommended, a Letter ofIntent detailing the arrangements will be signed by the CAD. of the County of Elgin and the Municipality. 5.0 The Municipality shall cause plans and specifications of the Library premises to be prepared, which plans must be forwarded to the Manager of Library Service who will forward to Council for their approval. The plan and specifications must include: 5.01 The address and description of the proposed site and building to be constructed, expanded, or relocated building. 5.02 The interior gross area ofthe new building, expanded building or relocated building, 5.03 The size ofthe area designated to be for library use. 5.04 Construction Timetables, 5,05 Approximate move in date for library staff. 5.06 Cost of construction or renovation including mechanicals. 5.07 Cost of interior fittings for library fittings, 5.08 Architect's fees. Branch Construction Policy Page 4 ------ ------------------------ 5.09 Interim financing cost. 5.10 Source of funding for project. 5.11 Request for a Capital Grant (not to exceed $50,000.00) (if required) from the County stating the amount which the Municipality are prepared to make towards the proposed building and the mode and time the grant will be made; which grant when made, if accepted by County Council, shall be an interest free loan to be repaid as per Standard Ehdn County Librarv Municipal Loan. * (refer to Standard EI2in County Municipal Library Lease). 6.0 The Manager of Library Service shall forward the proposal to County Council 7,0 Ifapproved by Council the Director of Financial Services of the County of Elgin shall be authorized to pay such grant upon receipt of an executed Standard Elgin County Library Municipal Lease prepared by the Manager of Library Service. 8,0 The Manager of Library Service shall forward the proposal to County Council. 9.0 Both Parties to the Lease shall be responsible for their own legal cost in the negotiation and/or drafting of any Lease Agreement. 10.0 The Municipality shall be the owner ofthe land and building. 11.0 The Municipality shall, at its cost, cause the building to be constructed in accordance with the plans and specifications referred to in Clause 5.0. Branch Construction Policy Page 5 --- ------------------------ B. ACTION INITIATED BY COUNTY COUNCIL 1.0 In any plans wherein no Municipality is involved the County Council will proceed in the normal manner, "DRAFT" Proposed Policy STANDARD ELGIN COUNTY LmRARY MUNICIPAL LEASE THIS LEASE: Made in Triplicate this BETWEEN: hereinafter called the "Municipality" OF THE FIRST PART; AND: THE CORPORATION OF THE COUNTY OF ELGIN, (for their Library Purposes) hereinafter called the "County" OF THE SECOND PART. WHEREAS the Municipality owns or leases certain lands and premises in the Municipality and/or Township of , in the County of Elgin. AND WHEREAS the Municipality deems it expedient to lease the said building to the County of Elgin (for Library purposes), subject to the terms and conditions hereinafter set forth. NOW THEREFORE THIS LEASE WITNESSETH that in consideration of the covenants and agreements hereinafter reserved and contained herein on the part of the County, the Municipality doth demise and lease to the County (for Library purposes), its successors and assigns, all those certain premises hereinafter called the "Leased Premises" which consist of a mutually agreed term of the Lease, square footage calculation of the existing Library building per annum as described in Schedules "A" and "B" ofthis Lease, and which is in addition to the costs associated with Schedule "A" for a new lihrary or expansion of the existing library facility, or relocation of the existing library facility located on the lands which are more particnlarly described in Schedule "C" attached hereto and forming part ofthis lease. Schednle "D" forming part ofthis lease is the Branch Library Building Cleaning Gnideline. To have and to hold the leased premises together with the right described herein above for the term of five years to be computed from the date of official opening of this Lease; mutually agreed as the _ of 20 - 2 The County reserves the right and the Municipality agrees to allow the County the option of renewal for a further five (5) year term computed from the official opening date with all conditions contained herein in force. Termination ofthis Lease is mutually agreed to require two years notice in writing delivered by "Registered Letter" to the other Party by either signing authority, Yielding and paying therefore seven dollars ($7.00) per square foot for square feet (as previously agreed) annually, in quarterly instalment5 during the term of this Lease. The first payment for the annual Lease shall become due and payable in quarterly installments immediately following the official opening date of the Lease term, Said sum of seven dollars ($7.00) per square foot shall not decrease during the term ofthi5 Lease and may be upwardly adjusted if recommended and adopted by a vote of County Council following an annual review each year. The Municipality mutually agrees to be bound by any such review by the County and acknowledges their representation on County Council as their required consent to any such changes. It is mutually agreed and understood that the agreed sum of seven dollars ($7.00) per square foot to be paid to the Municipality aQl1ually by the County shall include allowances for all custodial, janitorial, heating and utilities and maintenance costs for the leased premises, and that the Municipality is solely responsible for same. The Municipality reserves the right to implement any cost savings measure it deems advisable, providing same are compatible to Library functioning and, without limiting the generality of the foregoing, the Municipality shall cover: (a) The cost of all fuel, oil, gas, electricity and water supplied to the leased premised for heating, lighting, and all other purposes; (b) The total salaries, wages and other payments made by the Municipality to its janitors and custodians, or to any other persons or corporations with whom the Municipality contracts for the operation, maintenance and repair of the building and leased premises; 3 (c) The cost of premiums paid by the Municipality for insurance on the building, leased premises and its municipal operations; (d) The cost of all cleaning and maintenance supplies and of all materials and things required to operate, maintain and repair the building, but excluding the following, which are County Library responsibilities: xt> ~'" I) The cost of any furniture and interior fittings required for Library purposes; ~ \-\ » (2) The cost for Library purposes, as requested in writing by County Council, of any salaries, wages and other payments required by the Municipality, other than those persons or corporations in paragraph (b) above; (3) The cost of repairing any damage to the building and leased premises caused by the negligence of the County or its agents, servants or invitees. Nothing contained in paragraph (1) above shall relieve the County from the payment of any amount hereinafter agreed to be paid by the County to the Municipality. The County covenants and agrees with the Municipality as follows: (a) To pay the rent referred to above; (b) To use the leased premises in a tenant-like manner and to leave the leased premises in a clean and tidy condition; (c) To use the building, excluding the leased premises, and the grounds surrounding the building, and to cause its agents, servants and invitees to use the same in accordance with the rules and regulations from time to time established by the Municipality for the use of such areas by all persons; (d) Not to pennit anything to be done on the leased premises which may be deemed to be a nuisance or by which the insurance on the building will be increased; (e) Not to use the leased premises except as part of the County Library System; 4 (f) To pay for any loss or damage to the Municipality's contents within the building or for any loss or damage to the building, including the leased premises, when any such loss or damage is caused by its negligence or that its agents, servants or invitees; (g) Not to allow any refuse, garbage or other loose or objectionable material to accumulate in or about the building, including the leased premises and on the grounds surrounding same; (h) Not to injure or remove any shade trees, shrubbery, hedges or any other trees or plants which may be in or on the lands surrounding the building and leased premises; i) To give the Municipality immediate verbal, then written, notice of any accident or defect in the water pipes, gas pipes, or heating apparatus, electrical lights or other wires within the leased premises; G) That the County shall be in default in respect of any of its covenants and such default shall continue for ninety (90) days after written notice by "registered letter" of such default to the County, the Municipality may, at its option, repossess the leased premises and the said Lease shall thereupon terminate; and (k) Not to assign or sublet, except with consent of the Municipality, which shall not be unreasonably withheld if the sub-tenant or assignee is a Public Library Authority established under a General or Special Act. The Municipality covenants and agrees with the Connty as follows: (a) AB soon as the leased premises are reasonably fit for occupancy to cause the Municipality to send notice in writing to such effect to the c.A. O. of the County and Manager of Library Service. (b) The provide sufficient heating and airconditioning of the leased premises to maintain a reasonable temperature therein at all times during normal business hours, except during the making of repairs to the heating and airconditioning equipment; (c) The give free use to the County and all persons designated by the County, and all persons in conunon with the Municipality, and all persons designated by it, free use of all stairways, hallways, entrances and conunon areas used by the public within the building for all Library purposes, and for providing ingress and egress from the leased premises; 5 (d) To supply hot and cold water to the washrooms and sinks in the leased premises; (e) To provide adequate toilet facilities for male and female employees to comply with the requirements of the current Industrial Safety Act, as amended from time-to-time, and any other provincial requirements or regulations or municipal by-laws and to permit the County, its servants and agents, to use the said toilet facilities and to keep them in good working order; (f) To supply the leased premises with electric power; (g) To provide a loading dock for the existing library for deliveries. (h) To supply, if required, an alarm system. (i) To remove snow and ice from the loading dock, sidewalks and driveways adjacent to and leading to the building, and to reasonably maintain the grounds around the building; (j) To promptly repair and keep the building, including the leased premises and every part thereof, in good repair, order and condition. Whenever any structural repair is required to any part of the building, to consult with the County as to the nature and need for such repair before making the same. If, upon ninety (90) days after written notice by the County, such repairs are not commenced, the County may authorize same and deduct such costs from future rent; (k) To supply janitor service to the leased premises, where applicable, per Schedule "D" guideline attached hereto; (I) To obtain and maintain, at all times, insurance as follows: (I) Insurance against loss or damage to the building by fire, lightning or tempest with the usual additional perils as covered by extended coverage, and to the full insurable value of the building on a replacement cost basis, with loss payable to the Municipality and the County as their interests may appear, and the Clerk of the Municipality shall cause a statement of endorsement to be sent to the County C.A. O. and the Manager of Library Services yearly; liability insurance in an amount satisfactory to the Municipality and -', '1-" ",- m-,,-')" injury, death or damage to property 19, :.~",1....:I~...cr'" with the th¡ 6 General public the County against v'_"u" LV. r"' "~uu' (2) n>v'uUll'O the leased premises, and occurring npon, in, Municipality and the County named as or upon the building Pressure vessels and other apparatus which may be in, about, in such amount or amounts as the Municipality and the County may agree upon a replacement cost basis, with loss payable to them as their interests may appear. (3) (m) To pay for any loss or damage to the County's contents within the building, or for any loss or damage to the leased premises when any such 1055 or damage is caused by its negligence or that of its agents, servants or invitees. If the leased premises are totally destroyed by fire or other cause for which the Municipality is insured, the Municipality may, at its option, replace the building according to plans approved by the Municipality and the County. the proceeds payable under the insurance If the building is not replaced thereupon, this Lease If the Municipality elects to replace such building, be used for such purposes. policy or policies shall shall terminate. If the leased premises are partially destroyed by fire or other cause for which the Municipality is insured, its option, repair the damaged portion of the building according to plans approved the Municipality may, at by the Municipality and the County. provided that it The Municipality covenants with the County for quiet enjoyment. PROVIDED that the County may remove its fixtures bought by it to the leased premises, makes good any damage in 50 doing. PROVIDED that the County shall have the privilege of affixing such signs as do not permanently disfigure the building and as may be approved the Municipality in writing, and such approval shall not be unreasonably withheld. any renewal thereof, such holding over shall have no greater affect, any custom, statute, If the County should hold over after the original tenn, or after be construed to be a tenancy from year to year only, and shall law or ordinance to the contrary, notwithstanding. notwithstanding any and shall be 7 Such year to year tenancy shall be governed by the tenus and conditions of this Lease, statutory provisions or rules oflaw with respect to, the incidents of the year to year tenancy, subject to tennination upon six (6) months' notice in writing. Any notice required by this Lease shall be sent, or any notice requesting a renewal of covenant, or any notice as to changing the address to which notices, statements or estimates are to be sent, shall be seut by prepaid registered mail. and when the notice is to the Municipality, it shall be addressed as follows The Corporation of the Village or Town of P.O. Box (Street) (TownNillage) (Postal Code) And where such notice or statement is to the County, it shall be addressed as follows: The Corporation of the County of Elgin 450 Sunset Drive St. Thomas, Ontario N5R 5Vl be registered against the lands described in Schedule "C" attached and assigns of the Parties hereto. that the Lease shall enure to the benefit of and be binding upon the successors The Parties agrees hereto. This lease shall CAPITAL GRANT REQUEST INITIAL IMPLEMENTATION CLAUSE As a condition of implementation the signing Municipality agrees and acknowledges that a County of Elgin capital grant previously awarded in the amount of$ (not to exceed $50,000.00) shall upon signing of this document become repayable in full to the County of Elgin. )(' sl~ í\ 'fiV ~èX Thetotalamountof$ ir installments of $ the Lease then constitute an interest free loan owed to the County of Elgin. shall Said sum ten (10) equal annual and said installments shall be deducted at source as quarterly payments from the conditions of this be repaid in leasing agreement. (not to exceed $50,000.00) shal funds payable to the Municipality under 8 It is acknowledged that upon implementation of this leasing agreement that all prior existing leases, convenants and conditions are null and void. (a) Where expansion of Library services are desired by the County of Elgin and are mutually agreed upon by a member Municipality by means of new construction, expansion, re-Iocation or major renovations of existing premises prior to implementation of this Lease the County of Elgin and the Municipality may enter into an agreement by means of a "Letter or Intent" to acconunodate such expansIOn. . The "Letter of Intent" shall be accompanied by the proposed outline of the library facilities as referred to in the Library Branch Construction Policy and is deemed necessary by the C.A.O of the County of Elgin to acconunodate a proper reconunendation to County Council. When the "Letter of Intent" is mutually accepted by motion of Councils a by-law will be prepared authorizing signing officers for both the "Letter of Intent" and this leasing agreement (upon occupancy). ,><0 Upon completion of all conditions of the "Letter of Intent" and implementation of this leasing agreement the ).0/' Municipality shall receive an interest free loan of$ 10.00 per square foot of leased premises as specified ) IV --t \~ for calculation purposes in this leasing agreement. V<\ This loan in the amount of $ shall be repayable under the conditions herein.. It is acknowledged that upon implementation of this leasing agreement that all prior existing leases, covenants and conditions are null and void. 9 IN WITNESS WHEREOF the said Parties hereto have hereunto affixed their corporate seals attested to by the hands of their proper signing officers. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE in the presence of ) ) ) Per: ) Mayor ) ) Per: ) Administrator or Clerk or Treasurer ) ) ) THE CORPORATION OF THE ) COUNTY OF ELGIN ) ) ) Per: ) Warden ) ) ) Per: ) Chief Administrative Officer -10 SCHEDULES FORMING PART OF THIS LEASE It is the responsibility of the Muncipality to supply these documents and sufficient copies of same to allow the County to properly register this lease. "A" The Tenn of the Lease stating original date and expiry date of the lease, square footage and first payment for the annual lease. "B" A summary of official opening date, expiry date of the lease and square footage of the new or expanded library. "C'~ A legal description and registered survey copy of entire site and location. "0' Branch Libraries Building Cleaning Guideline. 11- SCHEDULE "A' Term of Lease Original Date of Present Lease: (DD/MWYY) Expiry Date of New Lease: (DD/MWYY) _ Square Footage of Present Library: square ft. X $ 7.00 a square ft. = $_ per annum. The first payment for the annual lease to be paid quarterly is due and payable on - 12 SCHEDULE "B' In addition to the costs associated with Schedule "A" the following shall apply: OFFICIAL OPENING DATE EXPIRY DATE OF THE LEASE Square Footage of New or Expanded Library: The first payment for the annual lease to be paid quarterly is due and payable on the next quarterly instalment date (pro-rated) as deternrined in Schedule "A". 13 SCHEDULE "C' Corporation of the Village of or Town of in the County of Elgin, being composed of Lots Numbers - said Corporation ofthe Village of or Town of - according to Registered Plan Number - being the lands lastly described in Instrument No. _ - * *Registered survey copy of entire site and location to be attached. 14 SCHEDULE "D BRANCH LIBRARIES BUILDING CLEANING GUIDELINE UENCY Twice weekly MINIMUM FRE public and all entrances Vacuum broadloom in halls, areas. 1 Daily and exits Quarry tile floors are to be cleaned and maintained in accordance with manufacturer's specifications. Clean entrances 2. 3 Twice weekly Twice weekly in garbage room to be cleaned thoroughly. Floors 4. Weekly Wash down garbage chutes. electrical room, storage room must be kept m Floors clean. 5 6 required. As stairs landings, Vinyl asbestos flooring in stairwells, to be kept clean. 7. Twice weekly Clean public washrooms, maintenance areas, including sinks, toilet bowls and mirrors 8 Daily. lights, exit signs and Dust public washrooms, fire bells and window ledges. 9. Weekly pumps, tanks, Dust electrical panels, hot water pipes, etc. 10. Monthly and corridor make-up air filters all Change or clean outlets. 11 Monthly Twice yearly. m and tubes Wash all lights. Replace all burned out light bulbs public areas. 12. 13 required Annually As public broadloom and matting. Steam clean all 14. 15 MINIMUM FREQUENCY Monthly Daily and doors Vacuum public drapes Spot clean door glass rrames (hand marks). 15 16 Bag all garbage into standard size garbage bags, spray disinfectant. 17. Daily except Sunday Daily except Sunday Pick -up day Empty wastepaper baskets. Move garbage bags from garbage room on pick-up days to street curbside prior to truck arrival. 18 19. inside Thoroughly clean all windows, screens, and out, and areas between windows. 20. Spring and Fall and stairwells, Clean walls in corridors, public areas. 21 Bi-monthly stove, Clean lounge furniture, card tables, chairs, rerrigerator and sink. 22 Weekly required As Sweep sidewalks (minimum twice monthly). 23 As required As required. sidewalks clear of snow. Spread ice removing pellets on sidewalks, parking lot, loading dock and driveways. Keep all 24 25 NOTE: All equipment shall be supplied by the Municipality including: ice removing pellets, make-up air filters, light bulbs and fluorescent tubes, garbage bags, toilet paper, paper towels, soap, disinfectant, deodorant and cleaning supplies. ittsse.d ..3ã...n, I c:¡ "6 If , STANDARD ELGIN COUNTY LIBRARY MUNICIPAL LEASE THIS LEASE Made in Triplicate this day of . 19 In Pursuance· of the Short Forms of Leases Act BET WEE N : hereinafter called the "Municipality" of the FIRST PART AND THE CORPORATION OF THE COUNTY OF ELGIN (for their Library Purposes) hereinafter called the "County" of the SECOND PART WHEREAS the Municipality owns or leases certain lands and premises in the of , in the County of Elgin. AND WHEREAS the 'Municipality deems it expedient to lease area in said building to the County of Elgin (for Library purposes)¡ sUbject to the terms and conditions hereinafter set forth. NOW THEREFORE THIS LEASE WITNESSETH that in consideration of the coven- ants and agreements hereinafter reserved and contained herein on the part of the County, the Municipality doth demise and lease to the County (for Library purposes)¡ its successors and assigns, all those certain premises hereinafter called the "Leased Premises" which consist of a mutually agreed square feet for calculation purposes of this Lease; and which are more particularly shown on Schedule "A" attached hereto and forming part of this Lease and which leased premises form the Library portion of a building on the lands which are more particularly described in Schedule "B" attached hereto and forming part of this Lease. Together with: (a) The right to use in common with the municipality and its staff a portion of the building shown outlined in red on Schedule "A"; (b) The right to pass and repass through that part of the Municipality's portion of the building shown outlined in green on Schedule "A"¡ (c) A right-of-way for persons and vehicles at all times over the lands more particularly described in Schedule C" 2 To have and to hold the leased premises toyether with the right described herein above for the term of five years to be computed from the date of effectiveness of this Lease; rou tually agreed as the - of 19 - . The County reserves the right and the Municipality agrees to allow; the County the option of renewal for a further five year term with all conditions contained herein in force. Termination of this Lease is mutally agreed to require two years notice in writing delivered by "Registered Letter" to the other Party by either signing authority. Yielding and paying therefore; $7.00 per square foot for square feet (as previously agreed); annually; in quarterly installments, during the term of this Lease. The first payment for the annual Lease shall become due and payable on the 1st of March annually with quarterly installments fOllowing on the 1st of June: September and December immediately following the commence- ment date of the Lease term. Said sum of $7.00 per square foot shall not decrease during the term of this Lease and may be upwardly adjusted if recommended by the County Library Committee and adopted by a vote of County Council fOllowing an annual review in May of each year. The Municipality mutually agrees to be bound by any such review by the County and acknowledges their representation on County Council as their required consent to any such changes. It is mutually agreed and understood that the agreed sum of $7.00 per square foot to be paid to the Municipality annually by the County shall include allowances for all custodial, janitorial, heating and utilities and maintenance costs for the leased premises, and that the Municipality is solely responsible f017 same. The Municipality reserves the right to implement any cost savings measure it deems advisable providing said are compatible to Library functioning and without limiting the generality of the foregoing the Municipality shall cover 3 a The cost of all fuel oil gas electricity and water supplied to the leased premises for heating lighting and all other purposes; (b) The total salaries, wages and other payments made by the Municipality to its janitors and custodians or to any other persons or corporations with whom the Municipality contracts for the operation. maintenance and repair of the building and leased premises: (c) The cost of premiums paid by the Municipality for insurance on the building; leased premises and its municipal operation; (d) The cost of all cleaning and maintenance supplies and of all materi- als and things required to operate, maintain and repair the building, but excluding the fOllowing: (which are County Library responsibilities) 1. The cost of any furniture and interior fittings required for Library purposes. 2. The cost for Library purposes; as requested in writing by County Council, of any salaries, wages and other payments required by the Municipality; other than those persons or corporations in (b) above; and 3. The cost of repairing any damage to the building and leased premises caused by the negligence of the County or its agents, servants or invitees. Nothing in ( 1) above shall relieve the County from the payment of any amount hereinafter agreed to be paid by the County to the Municipality. The County covenants and agrees with the Municipality as follows: (a) To pay the rent referred to above; (b) To use the leased premises in a tenant-like manner and to leave the leased premises in a clean and tidy condition; (c) To use the building; excluding the leased premises; and the grounds surrounding the building and to cause its agents, servants and invitees to use same in accordance with the rules and regulations from time to time established by the Municipality for the use of such areas by all persons; (d) Not to permit anything to be done on the leased premises which may be deemed to be a nuisance or by which the insurance on the building will be increased; (e) Not to use the leased premises except as part of the County Library system 4 f To pay for any loss or damage to the-Municipality's contents within the building or for any loss or damage to the building including the leased premises when any such loss or damage is caused by its negligence or that of its agents, servants or invitees; (g) Not to allow any refuse, garbage or other loose or objectionable material to accumulate in or about the building including the leased premises and on the grounds surrounding same; (h) Not to injure or remove any shade trees, shrubbery, hedges or any other trees or plants which may be in or on the lands surrounding the building and leased premises; ( i) To give the Municipality immediate verbal then written notice of any accident or defect in the water pipes, gas pipes or heating a·ppara tus, electrical lights or other wires within the leased premises; (j) That if the County shall be in default in respect to any of its covenants and such default shall continue for ninety (90 ) days after written notice by "Registered Letter" of such default to the County~ the Municipality may, at its option, repossess the leased premises and the said Lease shall thereupon termina te; and (k) Not to assign or sublet except with consent of the Municipality which shall not be unreasonably withheld if the sub-tenant or assignee is a Public Library Authority established under a General or Special Act. The Municipality covenants and agrees with the County as follows: (a) As soon as the leased premises are reasonably fit for occupancy to cause the Clerk of the Municipality to send notice in writing to such effect to the County; (b) To provide sufficient heating and airconditioning of the leased premises to maintain a reasonable temperature therein at all times during normal business hours, except during the making of repairs to the heating and airconditioning equipment~ (c) To give free use to the County and all persons designated by the County and all persons in common with the Municipality and all persons designated by it, of all stairways, hallways, entrances and common areas used by the public within the building for all Library purposes and for providing ingress to and egress from the leased premises; (d) To supply hot and cold water to the washrooms and sinks in the leased premises 5 e To provide adequate toilet facilities-for male and female employees to comply with the requirements of The Industrial Safety Act, 1980 and any other provincial requirements or regulations or municipal by-laws and to permit the County, its servants and agents, to use the said toile t facilities and to keep them in good working order; (f) To supply the leased premises with electric power; (g) To remove snow and ice from the sidewalks and driveways adjacent to and leading to the building and to reasonably maintain the grounds around the building, (h) To promptly repair and keep the building, including the leased premises and every part thereof, in good repair, order and condition. Whenever any structural repair is required to any· part of the building, to consult with the County as to the nature and need for such repair before making the same. If upon ninety (90) days after written notice by the County such repairs are not commenced the County may authorize same and deduct such costs from future rent; ( i) To supply janitor service to the leased premises; where applicable per Schedule "D" Guideline attached; j To obtain and maintain, at all times, insurance as follows: ( i) Insurance against loss or damage to the building by fire, lightning or tempest with the usual additional perils as covered by extended coverage and to the full insurable value of the building on a replacement cost basis with loss payable to the Municipality and the County as their interests may appear and the Clerk of the Municipality shall cause a statement of endorsement to be sent to the County Clerk and Librarian yearly; (ii) General public liability insurance in an amount satisfac- tory to the Municipality ahd the County against claims for personal injury, .death or damage to property occurring upon or in or about the building including the leased premises with the Municipality and the County named as the insureds; and ( iii) Pressure vessels and other apparatus which may be in, about or upon the building in such amount or amounts as the Municipality and the County may agree upon a replacement cost basis with loss payable to them as their interests may appear 6 1 To pay for any loss or damage to the-County's contents within the building or for any loss or damage to the leased premises when any such loss or damage is caused by its negligence or that of its agents, ser- vants or invitees. If the leased premises are totally destroyed by fire or other cause for which the Municipality is insured, the Municipality may at its option replace the building according to plans approved by the Municipality and the County. If the Municipality elects to replace such building, the proceeds payable under the insurance policy or policies shall be used for such purposes. If the building is not replaced thereupon this Lease shall terminate. If the leased premises are partially destroyed by fire or other cause for which the Municipality is insured, the Municipality may at its option repair the damaged portion of the building according to plans approved by the Municipality and the County a The Municipality covenants with the County for quiet enjoyment a PROVIDED that the County may remove its fixtures brought by it to the leased premises provided that it makes good any damage in so doing. PROVIDED that the County shall have the privilege of affixing such signs as do not permanently disfigure the building and as may be approved by the Municipality in writing and such approval shall not be unreasonably withheld. If the County should hold over after the original term, or after any renewal thereof, such holding over shall be construed to be a tenancy from year to year only, and shall have no greater affect, any custom, statute, law or ordinance to the contrary, notwithstanding. Such year to year tenancy shall be governed by the terms and conditions of this Lease, notwithstanding any statutory provisions or rules of law with respect to the incidents of the year to year tenancy, and shall be subject to termination upon six (6) months I notice in writinga Any notice required by this Lease shall be sent or any notice requesting a renewal of covenant or any notice as to changing the address to which notices, statements or estimates are to be sen t, shall be sent by prepaid registered mail and when the notice is to the Municipality it shall be addressed as follows 7 The Corporation of the And where such notice or statement is to the County it shall be addressed as follows: The Corporation of the County of Elgin 450 Sunset Drive ST. THOMAS, Ontario N5 R 5Vl. The Parties agree that the Lease shall be registered against the lands described in Schedule "B" attached hereto. This Lease shall enure to the benefit of and be binding upon the succes- sors and assigns of the Parties hereto. "INITIAL IMPLEMENTATION CLAUSE" (a) Where existing "B" Leases are in place they may be replaced by this Lease upon the mutual consent of Elgin County Council and the Municipal Council by means of the passing of by-laws authorizing the necessary signing officers. It is acknowledged that upon implementation of this leasing agreement that all prior existing leases, covenants and conditions are null and void. (b) Where existing "A" Leases are in place they may be replaced by this Lease upon the mutual consent of Elgin County Council and the Municipal Council by means of the passing of by-laws authorizing the necessary signing officers. As a condition of implementation the signing Municipality agrees and acknowledges that a County of Elgin grant previously awarded in the amount of .$ shall upon signing of this document become repayable in full to the County of Elgin. Said sum shall then constitute an interest free loan owed to the County of Elgin. The total amount of $ shall be repaid in ten ( 10) equal annual installments of $ and said installments shall be deducted at source as quarterly payments from the Lease funds payable to the Municipality under the conditions of this leasing agreement 8 It is aCknowledged that upon implementation of this leasing agreement that all prior existing leases, covenants and conditions are null and void. (c) Where expansion of Library services are desired by the County of Elgin and are mutually agreed upon by a member Municipality by means of new construction. re-location or major renovation of existing premises prior to implementation of this Lease the County of Elgin and the Municipality may enter into an agreement by means of a "Letter of Intent" to accommodate such expansion. The "Letter of Intent" shall be accompanied by such plans, drawings and construction timetables as are deemed necessary by the County of Elgin Library Committee to accommodate a proper recommendation to County Council. When the "Letter of Intent" is mutually accepted by motion of Councils a by-law will be prepared authorizing signing officers for both the "Letter of Intent" and this leasing agreement (upon occupancy). Upon completion of all conditions of the "Letter of Intent" and implemen- tation of this leasing agreement the Municipality shall receive an interest free loan of $10.00 per square foot of leased premises as speci- fied for calculation purposes in this leasing agreement. This loan in the amount of $ shall be repayable under the same conditions as apply to subsection (b) above affecting "A" Type Lease grant repayments. It is acknowledged that upon implementation of this leasing agreement that all prior existing leases covenants and conditions are null and void 9 IN WITNESS WHEREOF the said Parties hereto have hereunto affixed their corporate seals attested to by the hands of their proper signing officers. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE in the presence of ) ) ) ) ) ) Reeve ) ) ) ) Clerk ) ) ) ) CORPORATION OF TilE COUNTY OF ELGIN ) ) ) ) ) Warden ) ) ) ) Clerk 10 SCHEDULES It is the responsibility of the Municipality to supply these documents and sufficient copies of same to allow the County to properly register this Lease) 'A· A floor plan and measurements; (reasonably to scale) of building and leased premises (showing mutually agreed interior useable square footage used to establish leasing calculations). "8· The legal description and registered survey copy of entire site and location. ·C· A site plan showing all pedestrian and vehicular access to premises. ·D· Branch Libraries Building Cleaning Guideline 11 SCHEDULE "D" BRANCH LIBRARIES BUILDING CLEANING GUIDELINE MINIMUM FREQUENCY 1 Vacuum broadloom in halls, entrances and all public areas~ Twice weekly 2. Clean entrances and exits. Daily 3. Quarry tile floors are to be cleaned and maintained in accordance with manufacturer's specifications. Twice weekly 4. Floors in garbage room to be cleaned thoroughly. Twice weekly 5. Wash down garbage chutes. Weekly 6. Floors in electrical room, storage room must be kept clean. As required 7. Vinyl asbestos flooring in stairwells, landings, stairs to be kept clean. Twice weekly 8. Clean public washrooms, maintenance areas, including sinks, toilet bowls and mirrors. Daily 9. Dust pUblic washrooms, fire bells and lights, exit signs and window ledges. Weekly 10. Dust electrical panels, hot water tanks, pumps, pipes, etc~ Monthly 11. Change or clean all corridor make-up air filters and outlets. Monthly 12. Wash all lights. Twice yearly 13. Replace all burned out light bulbs and tubes in public areas~ As required 14. Steam clean all public broadloom and matting. Annually 15. Vacuum public drapes. Monthly 16. Spot clean door glass frames and doors (hand marks). Daily 17. B<:ig all garbage into standard size garbage bags spray disinfectant. Daily except Sunday 18. Empty wastepaper baskets. Daily except Sunday 19. Move garbage bags from garbage room on pick-up days to street curbside prior to truck arrival. Pick-up day 20. Thoroughly clean all windows, screens, inside and out, and areas between windows. Spring and Fall 21. Clean walls in corridors, stairwells, and other public areas. Bi-monthly 22. Clean lounge furniture, card tables, chairs stove, refrigerator and sink. Weekly 23. Sweep sidewalks (minimum twice monthly As required 24 Keep all sidewalks clear of snow As required 12 MINIMUM FREQUENCY 25 Spread ice removing pellets on sidewalks parking lot and driveways. As required NOTE, All equipment shall be supplied by the Municipality including: ice removing pellets. make-up air filters, light bulbs and fluorescent tubes, garbage bags, toilet paper, paper towels soap disinfectant deodorant and cleaning supplies ~ ELGIN COUNTY BRANCH LIBRARY LEASES WITH MUNICIPALITIES UPDATE AS OF DECEMBER, 1997 NAME I DATE OF I TERM OF EXPIRY OF SQUARE PAYMENT OF 97 LEASING COSTS 97 ACTUAL LEASE LEASE LEASE FOOTAGE LEASE BASED ON: IF PAYING $7.00 SQ. FT. LEASING BUDGET Town of Avlmer Aylmer June 07 - 1982 40 years June-07-2022 3,081 Yearly Estimated Cost of Maintaining $21,567.00 $15,438.00 the Building (Quarterly Installments) Municipality of Bavham Bayham July 27 - 1984 40 years July-27-2022 4,000 Yearly Estimated Cost of Maintaining $28,000.00 $6,047.54 the Building (Paid by Random Invoices from Municipality) . SHOULD BE PAID QUARTERLY . Pt.Burwell Nov. 01 - 1998 1 yr. 2 mths. Dec. 31 -1999 800 $7.00 a Square Foot $5,677.00 $5,677.00 (old sq. footage) 811 (Quarterly Installments) . (11 sq. ft. decrease) . . Vienna May 02 -1994 5 years May-02-1999 888 $7.00 a Square Foot $6,216.00 $6,216.00 (Quarterly Installments) Municipality of Dutton-Dunwich Dutton Oct. 18 - 1998 1 yr. 3 mths. Dec. 31 ~ 1999 5,000 $7.00 a Square Foot $35,000.00 $35,000.00 (Quarterly Installments) ($50,000.00 repayable loan 1983 to 2003) Municipality of Central Elqin Belmont Nov. 01- 1984 40 years Nov. 01 - 2022 2,377 Yearly Estimated Cost of Maintaining $16,639.00 $9,605.25 the Building (Paid by Random Invoices from Municipality) 'SHOULD BE PAID QUARTERLY ;;: , ~ I c en -I en -I ::I ;;: 0 en 0 1J ;c (j' "tI ::E 0 ::E ... !!I- 0 ::I, þJ ::I ::I" C ::I in 2 C. 2' ::I ¡¡¡ VI (1) ... VI ... :Þ r ::I þJ <§, ::I" ::I" C. ::I" ::I" þJ ;;: 0 (1) ~ c: 15' c. ::E 16' ::I m 3 '< (1) (1) 0 ¡¡; (1) ã: (1) 0 ::I ã: 0 '< g, .... .... <- ;;:: <- en 0 c c C ::I II> 0- ¡::¡. (1) '< .z , r 0 0 0 0 ¡¡; ..... 0 m ~ ..... ..... I\) II> <0 ..... f)j I I I IJ) <0 , m ..... ..... .CI! ..... 0 ..... ..... m <0 <0 <0 ..... <0 " <0 <0 <0 <0 0> 0> .>. 0> <0 ..... I\) ..... ..... I\) '< 0'1 '< '< .>. -I ;'" ;'" w ¡¡¡ 0 r m Q) '< Q) '< . 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