2007-12-03_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaire
City of Saint John
Common Council Meeting
Monday, December 3, 2007
Supplemental Agenda
French Agenda
Re: 8.1 Letter from Ronald H. LeBlanc, Director of Special Projects City of
Moncton
Re: 13.3 Recommendation of the Citizens' Advisory Group of Vision 2015
13.4 Resolution Regarding Debly Enterprises Ltd Action
13.5 Purchase Agreement Plazacorp Property Holdings Inc and The City of Saint
John
City of Saint John
Seance du conseil communal
Le lundi 3 decembre 2007
Ordre du jour supplementaire
Ordre du jour en franCfais
Objet: 8.1 Lettre de Ronald H. LeBlanc, Directeur des projets speciaux, Ville de
Moncton
Objet: 13.3 Recommandation du groupe consultatif de citoyens de Vision 2015
13.4 Resolution visant I'affaire de Debly Enterprises Ltd.
13.5 Convention d'achat-vente conclue entre Plazacorp Property Holdings Inc. et
The City of Saint John
!(eu( s eel
The City of Saint John
Seance du conseil communal
Le lundi 3 decembre 2007
Comite plenier
1. Ouverture de la seance
17 h Salle de conference du 8e etage it l'hotel de ville
1.1 a) et b) procedures judiciaires - alinea 10.2(4)g)
1.2 Avis juridique - alinea 1 0.2( 4)t)
1.3 Question relative aux biens-fonds - alinea 10.2(4)d)
1.4 Question relative aux biens-fonds - alinea 10.2(4)d)
Seance ordinaire
1. Ouverture de la seance, suivie de la priere
18 h 30
2. Approbation du proces-verbal
2.1 Approbation du proces-verbal de la seance tenue Ie 19 novembre 2007
3. Adoption de l'ordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises it l' approbation du conseil
5.1 Proces-verbal revise de la seance tenue Ie 22 octobre 2007 (recommandation
figurant au rapport)
5.2 Demande soumise par P AZCA qui desire se presenter devant Ie conseil
(recommandation : transmettre au greffier pour qu'une date de presentation soit
fixee)
5.3 Modalites relatives it l'emission d'obligations de 2007 (recommandation
figurant au rapport)
5.4 Date de la tenue d'une audience publique relativement au 1010, avenue
Grandview et au 298, chemin Westmorland (recommandation figurant au
rapport)
5.5 Fermeture et barrage de la rue Tiffany (recommandation figurant au rapport)
5.6 Acquisition d'un tronyon faisant face au 280, avenue Grandview en vue de
realiser Ie projet de realignement des intersections de rues (recommandation
figurant au rapport)
5.7 Modemisation de l'infrastructure relative au systeme hote (recommandation
figurant au rapport)
5.8 Acquisition de biens-fonds relative au bassin hydrographique
(recommandation figurant au rapport)
5.9 Emera Brunswick Pipeline Co. Ltd. - Permis professionnel visant diverses
rues (recommandation figurant au rapport)
5.1 0 Entente relative it l'acces permanent de Emera Brunswick Pipeline Co. Ltd.
(recommandation figurant au rapport)
6. Commentaires presentt~s par les membres
7. Proclamation
8. Delegation et presentations
19 h 15
8.1 Partenariats public-prive - Syndicat canadien de la fonction publique (SCFP)
9. Audiences publiques
19 h
9.1a) Projet de modification des conditions imposees par l'article 39 visant Ie
1099, chemin Golden Grove
9 .1 b) Comite consultatif d'urb ani sme relativement a la modification proposee des
conditions imposees par l'article 39 visant Ie 1099, chemin Golden Grove
10. Etude des arretes municipaux
10.1 Troisieme lecture du projet de modification de l'arrete relatif a la zone
d'amelioration des affaires
10.2 Troisieme lecture du projet de modification de l'arrete sur la fermeture de
routes visant l'allee Emco
11. Presentations des membres du conseil
11.1 Fiducie des edifices patrimoniaux ( conseiller Chase)
11.2 Stationnement au Millennium Dome (conseiller Farren)
11.3 Amenagement paysager aux entrees de la ville (conseiller Farren)
11.4 Service ferroviaire (conseiller Farren)
11.5 Service hebdomadaire en matiere de collecte des ordures menageres
( conseiller McGuire)
11.6 Reunions du conseil d'administration de la Federation canadienne des
municipalites (FCM) ( conseiller White)
11.7 Effondrement des infrastructures ( conseiller Titus)
11.8 Rapport de la Federation canadienne des municipalites ( conseiller Court)
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Service de gestion des dechets solides
12.2 Processus d'interessement du public relatif au poste de police et au palais de
justice
12.3 Acquisition du bien-fonds situe au 117, rue Union
12.4 Vente de l'ancien elevateur a grains situe au 225, rue Prince William a
l'entreprise Ellerdale Investments Ltd.
12.5 Rapport sommaire sur les lampadaires
13. Rapports deposes par les comites
13.1 Vision 2015 - Retention des services de Chartwell Inc.
13.2 Amenagement du secteur riverain de Saint John - Compte rendu sur les
Chutes reversibles
13.3 Rapport du comite plenier recommandant l'enonce de la vision
14. Etude des sujets ecartes des questions soumises it l'approbation du conseil
15. Correspondance generale
16. Levee de seance
f&, 9, I
December 3,2007
Councillor Stephen Chase
City of Saint John
P. O. Box 1971
Saint John, NB E2L 4L1
Dear Councillor Chase:
RE: BRIEF ON P-3
REF: CUPE LOCAL 18
The following are my comments on the above document.
. In their introduction, CUPE presentation mentions "the question of the privatization of
water". Public-Private Partnership is not about privatization, but instead involves the private
sector design, financing, construction and operation of a facility for the municipality.
. CUPE, Page 2 refers to "own" by the private sector. This is absolutely not true for Moncton.
We owned the Water Treatment Facilities from day one, the day of facility completion.
. Again, a reference to "City would them pay a large sum of money annually to lease that
building (water treatment)". Moncton owns the building, hence no building lease. Moncton
pays on a cubic meter basis.
. CUPE, Page 4 refers to the $12 million in estimated Capital savings. This is true. CUPE
then states the initial plant and the Violia (US Filter) plant were not the same treatment
capacity. Touchie Engineering Ltd. Pre-Design Report states plan at 22.5 MGD. Our R.F.P.
required a minimum of 22.5 MGD. The actual 72-hour test requirement at the plant
produced finished water at 25.5 MGD and is fully capable of expansion to 30.0 MGD when
needed. The quoted $32 million estimate was done in 1998 based on the original Touchie
Water Treatment Plant design.
. CUPE, Page 5 states "The G line is the estimated turbine generator power cost savings and
they have always been zero since 2000", etc. They hydro turbine operates when there is
surplus water overflowing the dam. It is a seasonal operation and we have obtained cost
savings in excess of $40,000 per year. We have achieved cost saving of over $300,000 to
date.
.. .2/
-2-
. CUPE, Page 7 & 8. Attempts to mix the water treatment cost with the operation and
maintenance of the City of Moncton's transmission and distribution cost. Fact: Moncton's
total water treatment costs are averaging $350,000 per month or $4,200,000 annually. This
amount includes Moncton, Riverview and Dieppe's total water consumption.
Moncton's Water Treatment Facility is a good news story. We own the plant, control the user
fees and the consumer is very, very happy with the end product.
Violia Water Inc. is responsible to obtain a "license to operate" from NB Environment and our
agreement includes them in providing "Licensed Water Treatment Operators - Class IV".
We would be most willing to have your Council members tour the facilities, talk to the operators,
City staff and City Council on the outcome of this facility.
Ronald H. LeBlanc
DIRECTOR OF SPECIAL PROJECTS
RHL/mk
~.
13,3
Recommendation of the Citizens' Advisory Group of Vision 2015
November 28,2007
That this report, termed Vision 2015 Our Saint John of the Future, dated
November 26,2007, be received and approved.
That Common Council endorse the Community Vision Statement, Twenty Year
Goals and Sustainability Principles for Saint John.
That Common Council extends appreciation to the thousands of people who
participated in the public consultation process.
That Common Council recognizes the commitment and effort of the Saint John
Environment Committee in developing Sustainability Principles for Saint John.
That Common Council commends the leadership and commitment from the
Vision 2015 Citizens Advisory Group throughout the public engagement and that
their role be deemed completed with the approval of this report.
,3 ' L(
I
Committee of the Whole
November 30, 2007
City Solicitor
Page 3
Re: Proposed Settlement
RESOLVED that the amount of $55,000.00, all inclusive, be
paid to Debly Enterprises Ltd. in full satisfaction of that
company's entitlement pursuant to Contract 2005-2, Rothesay
Avenue (Ashburn Lake Road to McAllister Drive) in exchange )
for a discontinuance of the action and Release. (5/ c!J... S?~6
Respectfully Submitted,
/ ,/ ;,\ ,': / ' J' ) 'T"j"''''''~
L / 'v"1.. l.- C.;'(/ ~/ l,.'l
John;L. Nugent i
City Solicitor
\3'S
RECOMMENDA nON:
That Committee ofthe Whole directs the Common Clerk to place the attached Purchase
Agreement on this evening's Open Session of Common Council with the following
recommendation.
That as recommended by the City Manager, Common Council authorize the Mayor and
Common Clerk to execute the attached Purchase Agreement between the City of Saint
John and Plazacorp Property Holdings Inc. for the City owned lands on Fairville
Boulevard.
DA TED:
, 2007
PLAZACORP PROPERTY HOLDINGS INC.
as Purchaser
and
THE CITY OF SAINT JOHN
as Vendor
PURCHASE AGREEMENT
City Lands
Fairville Boulevard, Saint John, N.B.
PURCHASE AGREEMENT
City Lands, Fairville Boulevard, Saint John, N.B.
THIS AGREEMENT is dated this _ day of
,2007
BETWEEN:
PLAZACORP PROPERTY HOLDINGS INC.
as Purchaser
- and -
THE CITY OF SAINT JOHN
as Vendor
Recitals:
(A) The Vendor is the registered and beneficial owner of the Property.
(B) The Vendor has agreed to sell the Property to the Purchaser and the Purchaser has agreed
to buy the Property from the Vendor on the terms and subject to the conditions of this
Agreement.
IN CONSIDERATION OF the sum of Ten Dollars ($10.00) now paid by each
party to the other and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Parties agree as follows:
ARTICLE 1
INTERPRETATION
1.1 Definitions. In this Agreement, the following terms shall have the meanings set out
below unless the context requires otherwise:
"Agreement" means this Agreement including the Schedules to this Agreement as it or they may
be amended or supplemented from time to time, and the expressions "hereof', "herein", "hereto",
"hereunder", "hereby" and similar expressions refer to this Agreement and not to any particular
Section or other portion of this Agreement.
"Business Day" means any day other than a Saturday, Sunday, statutory holiday or civic holiday
in the Province of New Brunswick.
2
"Closing Date" means fourteen (14) days after the Commitment Date.
"Commitment Date" means January 23,2008 or such earlier date as the Purchaser's Conditions
have been met and/or waived by the Purchaser.
"Deposit" has the meaning set out in Subsection 2.3(a).
"Environmental Law" means all applicable laws, statutes, ordinances, by-laws, regulations,
orders, directives and decisions rendered by, and all policies, instructions, guidelines and similar
guidance of, any governmental authority and the common law relating to the protection of the
environment, occupational health and safety and/or the generation, manufacture, processing,
distribution, use, treatment, storage, disposal, discharge, packaging, transport, handling,
containment, clean-up or other remediation or corrective action of or relating to any Hazardous
Substance, in each case as may be in effect from time to time up to the Closing Date.
"Hazardous Substance" means all pollutants, contaminants, chemicals, deleterious substances
or individual, toxic or hazardous wastes or substances or any other substance matter or material
regulated by or under Environmental Law.
"Interim Period" means the period between the date hereof and the Closing Date.
"Notice" has the meaning set out in Subsection 7.4(a).
"Official Plan" means an official plan or equivalent or similar legislation, documentation or
requirement adopted by the City of Saint John which pertain(s) to the use, development and/or
servicing of the Property.
"Party" means a Party to this Agreement and any reference to a Party includes its successors and
permitted assigns; "Parties" means every Party.
"Person" is to be broadly interpreted and includes an individual, a corporation, a partnership, a
trust, an unincorporated organization, the government of a country or any political subdivision
thereof, or any agency or department of any such government, and the executors, administrators
or other legal representatives of an individual in such capacity.
"Property" means the lands described on the attached Schedule "A" identified in the New
Brunswick Land Registry System with PID numbers 00286195, 00427526 and 55107494 and the
public street known as Emco Lane in the event that such public street has been stopped up and
closed, and outlined in purple on the site plan attached as Schedule "B" hereto.
"Property Documents" means all documents in the possession or control of the Vendor relating
to the Property, together with each of the following:
(a) a copy of all current deeds, including a legal description of the Property in registrable
form;
3
(b) copies of all agreements with, and permits and licenses from, federal, provincial or
municipal governments or owners of adjoining lands relating to the Property;
(c) copies of any current realty tax assessment notices and tax bills relating to the Property;
(d) all plans, specifications and drawings for the Property;
(e) all documents pertaining to the environmental status of the Property, including all
permits, test reports or certificates of approval in respect of the storage or release on,
above or below the surface of the Property of any radioactive, toxic or hazardous
substances or materials.
"Purchase Price" means the purchase price for the Property as set out in Section 2.2.
"Purchaser" means Plazacorp Property Holdings Inc. and its successors and assigns permitted
by this Agreement.
"Requisition Date" means the date, which is ten (10) days prior to the Closing Date.
"Vendor" means The City of Saint John and its successors and assigns permitted by this
Agreement.
"Zoned in Final Form" means according to the records of the Common Clerk, the Zoning By-
Law at Closing shows that the Property is zoned "Heavy Industry Park" and the designation
under the Municipal Development Plan is "Service Corridor". Attached as Schedule "C" is the
uses permitted by the Zoning By-Law.
1.2 Headings and Table of Contents. The division of this Agreement into Articles and
Sections, the insertion of headings, and the provision of any table of contents are for convenience
of reference only and shall not affect the construction or interpretation of this Agreement.
1.3 Number and Gender. Unless the context requires otherwise, words importing the
singular include the plural and vice versa and words importing gender include all genders.
1.4 Currency. Unless otherwise expressly stated in this Agreement, all references to money
shall refer to Canadian funds.
1.5 Statute References. Any reference in this Agreement to any statute or any section thereof
shall, unless otherwise expressly stated, be deemed to be a reference to such statute or section as
amended, restated or re-enacted from time to time.
1.6 Computation of Time Periods. Except as expressly set out in this Agreement, the
computation of any period of time referred to in this Agreement shall exclude the first day and
include the last day of such period. If the time limited for the performance or completion of any
4
matter under this Agreement expires or falls on a day that is not a Business Day, the time so
limited shall extend to the next following Business Day.
ARTICLE 2
PURCHASE AND SALE
2.1 Purchase and Sale. The Purchaser agrees to purchase the Property from the Vendor, and
the Vendor agrees to sell the Property to the Purchaser, on the terms and subject to the conditions
contained in this Agreement, for the Purchase Price, subject to adjustment as provided in this
Agreement.
2.2 Purchase Price. The purchase price for the Property shall be $500,000.00 (the "Purchase
Price"). The acreage of the Property shall be acceptable to the Purchaser in its sole and absolute
discretion. The parties hereto acknowledge and agree that the Property is approximately 6.0
acres to be confirmed by a survey completed by the Closing Date at the Purchaser's expense.
2.3 Payment of Purchase Price. Subject to adjustment in accordance with Section 2.4, the
Purchase Price shall be paid to the Vendor as follows:
(a) as to the sum of $50,000.00 (the "Deposit"), by wire transfer or by certified cheque or
bank draft payable to the Vendor no later than ten (10) days after the date of execution of
this Agreement, to be held in trust as a deposit and invested in accordance with the
provisions of Section 2.5 pending the completion or other termination of this Agreement
and to be credited on the Closing Date on account of the Purchase Price; and
(b) as to the balance of the Purchase Price, by wire transfer or by certified cheque or bank
draft payable to the Vendor, or as it may direct on the Closing Date.
2.4 Adjustments
(a) General. Adjustments shall be made as of the Closing Date for realty taxes, local
improvement rates and charges, water and assessment rates, licenses necessary for the
operation of the Property and all other items normally adjusted between a vendor and
purchaser in respect of the sale of property similar to the Property.
(b) Statement of Adjustments. A statement of adjustments shall be delivered to the Purchaser
by the Vendor at least ten (10) Business Days prior to the Closing Date and shall have
annexed to it complete details of the calculations used by the Vendor to arrive at all debits
and credits on the statement of adjustments. The Vendor shall give the Purchaser's
representatives access to the Vendor's working papers and backup materials in order to
confirm the statement of adjustments. The Purchaser shall receive all income and pay all
expenses in respect of the Property for the Closing Date and the period thereafter.
5
(c) Insurance. Insurance premiums shall not be adjusted as of the Closing Date, but
insurance shall remain the responsibility of the Vendor until the Closing Date, and
thereafter the Purchaser shall be responsible for placing its own insurance.
2.5 Deposit. The Deposit shall be invested by the Vendor in an interest-bearing account or
term deposit or guaranteed investment certificate with or issued by one of the five largest
Canadian chartered banks. Interest on the Deposit shall accrue to the benefit of the Purchaser in
the case of termination of this Agreement without Closing when the Purchaser is not in default
under this Agreement; otherwise to the credit of the Vendor. If this Agreement is not completed
other than solely by reason of the default of the Purchaser, the Deposit, together with all interest
accrued thereon, shall be returned to the Purchaser forthwith without deduction.
ARTICLE 3
COVENANTS, REPRESENTATIONS AND WARRANTIES
3.1 Representations of the Vendor. The Vendor covenants, represents and warrants to and
in favour of the Purchaser that, as of the date of this Agreement, to the best of its knowledge and
belief after due inquiry, such inquiry comprising of a review of the records maintained by the
following offices, departments and divisions of the Vendor: Common Clerk, City Manager,
Planning and Development, Building Inspector and Municipal Operations:
(a) Corporate Status. The Vendor is a corporation created by Royal Charter and has the
corporate power, authority, right and capacity to own its property and assets and to enter
into, execute and deliver this Agreement and to carry out the transactions contemplated
by this Agreement in the manner contemplated by this Agreement;
(b) Corporate Authorization. The transactions contemplated by this Agreement will have
been duly and validly authorized by all requisite corporate proceedings and will constitute
legal, valid and binding obligations of the Vendor;
(c) No Default under Other Agreements. Neither the execution of this Agreement nor its
performance by the Vendor will result in a breach of any term or provision or constitute a
default under the constating documents or by-laws of the Vendor or any indenture,
mortgage, deed of trust or any other agreement to which the Vendor is a Party or by
which it is bound;
(d) No Litigation Regarding the Property. There are no actions, suits or proceedings pending
against or affecting the Property or the occupancy or use of the Property by the Vendor, in
law or in equity, which could affect the validity of this Agreement or any transaction
provided for in this Agreement, the title to the Property or any part of the Property, the
conveyance of the Property to the Purchaser, the right of the Purchaser from and after the
Closing Date to own, occupy and obtain the revenue from the Property or any action
taken or to be taken in connection with this Agreement;
6
(e) Vacating Liens. The Vendor will vacate any lien registered against the Property by the
Closing Date, provided that such lien was filed as a result of work and/or materials being
ordered by the Vendor. The Purchaser agrees to vacate any lien and indemnify the
Vendor against any lien registered against the Property for work and/or materials ordered
by the Purchaser, in the event that this transaction is not completed between the parties;
(f) Residence. The Vendor is not a non-resident of Canada within the meaning of Section
116 of the Income Tax Act (Canada);
(g) No Unregistered Agreements. There are no unregistered agreements in respect of the
Property;
(h) Taxes and Assessments. All municipal taxes, charges, rates, development charges, special
levies and assessments, school and water rates and charges that, if unpaid, would create a
lien on the Property are paid in full and will be adjusted as of the Closing Date as
provided in Section 2.4;
(i) Local Improvement Charges. There are no local improvement charges, development
charges or special levies outstanding against the Property nor has the Vendor received any
notice of a proposed local improvement charge, development charge or special levy;
(k) Construction Liens. The Vendor confirms that no work in respect of construction or
repair have been done on the Property which would give rise to a lien under the
Mechanics Lien Act (New Brunswick) at least sixty (60) days prior to Closing;
(1) Access. The Property has full and free legally enforceable access to and from public
roadways, being Pairville Boulevard and Emco Lane (in the event that Emco Lane is not
closed and deeded to the Purchaser pursuant to this Agreement), which access is
sufficient for the purposes of the normal operation of the Property, and the Vendor has no
knowledge of any fact or condition that would result in the interruption or termination of
such access;
(m) Zoning and Use. The Property is Zoned in Pinal Form and the Property has passed all
inspections of all governrnental agencies having jurisdiction over the Property; the
Property and its existing use comply with all applicable ordinances, zoning by-laws,
building codes, covenants, registered restrictions, easements, access encroachments, laws,
orders, regulations and federal, provincial and municipal requirements (whether relating
to fire, safety, the environment, building standards, health standards or otherwise);
(n) No Work Orders or Expropriation. The Vendor has not received any written work order,
deficiency notice, notice of violation or other similar communication from any municipal
or governmental authority, board of insurance underwriters, regulatory authority or
otherwise that is outstanding requiring or recommending that work or repairs in
connection with the Property or any part of the Property is necessary, desirable or
required. Neither the Property nor any part of the Property has been expropriated and
7
there are no existing or, to the knowledge of the Vendor, contemplated expropriation
proceedings or other similar public or private proceedings affecting the Property or any
part of the Property;
(0) No Change in Law Affecting the Property. The Vendor has not received notice, and has
no other knowledge or information of any pending or contemplated change in any
applicable law, ordinance or restriction or of any pending or threatened judicial or
administrative action or of any natural or artificial condition upon the Property or any part
of the Property any of which would result in any material change in the condition of the
Property or any part of the Property or in any way limit or impede the normal operation of
the Property or any part of the Property for any purpose;
(P) Conservation Authorities. The Property is not designated for regulation by any
conservation authority pursuant to all applicable legislation in the Province of New
Brunswick;
(q) Claims re: Environmental Matters. The Property (portions thereof) has been used by the
Vendor for storage of winter materials (road salt and treated sand), winter plow
attachments and various construction materials (pipe, guardrail, posts and the like), for a
wooden salt storage dome, for vehicle parking and has been filled with material
excavated from street works and sweepings. The Vendor has not received any notice of
any violation of Environmental Law relating to the Property or its use; there are no writs,
injunctions, orders or judgments outstanding, or lawsuits, claims, proceedings or
investigations pending or threatened, relating to the ownership, use, maintenance or
operation of the Property, and there are no orders or directions relating to environmental
matters requiring any work, repairs, construction or capital expenditures with respect to
the Property and the conduct of business at the Property, nor has the Vendor received any
notice of any of the foregoing matters;
(r) No Consents. There are no consents necessary or required in connection with the sale,
transfer, assignment and/or conveyance oftre Property by the Vendor to the Purchaser;
(s) No Options to Purchase. There exist no options to purchase or rights of first refusal with
respect to the Property that have not either expired on their terms or been waived by the
benefiting party;
(t) Delivery of Agreements. The Vendor has delivered to the Purchaser full and complete
copies of all agreements to which it is a party affecting or relating to the Property. All
such agreements are in full force and effect, unamended, there exist no defaults by any
party to such agreements and to the extent that consent is required in respect of the
assignment of any such agreements, such consents have been obtained; and
(u) Full Disclosure. So far as the Vendor is aware, the Vendor has disclosed to the Purchaser
all material information pertaining to the Property, whether solicited by the Purchaser or
not. Neither this Agreement nor any other document referred to in this Agreement or any
8
Schedule to this Agreement nor any statement, schedule or certificate furnished or to be
furnished to the Purchaser knowingly pursuant to this Agreement contains or will contain
any untrue statement or omits or will omit to state a material fact. All material
information pertaining to the Property is set out in this Agreement or contained in the
Property Documents
3.2 Representations of the Purchaser. The Purchaser covenants, represents and warrants to
and in favour of the Vendor that, as of the date of this Agreement or such other date as may be
specified:
(a) Corporate Status. The Purchaser is a corporation duly incorporated and subsisting under
the laws of the jurisdiction in which it was incorporated and has the corporate power,
authority, right and capacity to enter into this Agreement and to carry out the transactions
contemplated by this Agreement in the manner contemplated by this Agreement; and
(b) Corporate Authorization. Subject to the satisfaction of the conditions set out in Section
4.2, the transactions contemplated by this Agreement will be duly and validly authorized
by all requisite corporate proceedings by the date of execution hereof.
3.3 Effect of Warranties. Each of the Purchaser and the Vendor agrees to protect, indemnify
and save the other harmless from and against any and all losses, costs, expenses, damages,
liabilities, claims and demands whatsoever arising or suffered as a result of any misrepresentation
or breach of warranty by it under this Agreement or any document, certificate or other instrument
delivered by it pursuant to this Agreement. This protection, indemnity and warranty shall cease
on the Closing Date.
ARTICLE 4
CONDITIONS
4.1 Conditions of the Vendor. The Vendor's obligation to carry out the transaction
contemplated by this Agreement is subject to the fulfilment of each of the following conditions
on or before the Closing Date or such other date as may be specified, which conditions are for the
sole benefit of the Vendor and which may be waived by the Vendor in accordance with
Subsection 4.6(a):
(a) Representations and Warranties. The covenants, representations and warranties set out in
Section 3.2 shall be true and accurate with the same effect as if made on and as of the
Closing Date;
(b) Delivery of Documents. All documents or copies of documents required to be executed
and delivered to the Vendor pursuant to this Agreement shall have been so executed and
delivered; and
9
(c) Pelfonnance of Tenns, Conditions and Covenants. All of the tenns, covenants and
conditions of this Agreement to be complied with or performed by the Purchaser on or
before the Closing Date shall have been complied with or perfomled.
4.2 Conditions of the Purchaser. The Purchaser's obligation to can)' out the transaction
contemplated by tlns Agreement is subject to fulfilment of each of the following conditions 011 or
before the Closing Date or such other date as may be specified, which conditions are for tlle sole
benefit of the Purchaser and which maybe waived by the Purchaser in accordance with
Subsection 4.6(a):
(a) Commitment Date. On or before the Commitment Date, the Purchaser shall have
delivered to the Vendor Notice that:
(i) Based on the results of tlle due diligence investigations of the Pm.chaser, tl1e
transaction contemplated by this Agreement have been approved by the
Purchaser's shareholders or by the Purchaser's board of directors, acting
reasonably;
(ii) the environmental condition of tl1e Property, or the cost of clean-up of any
environmental contamination, is satisfactory to the Purchaser, acting reasonably;
(iii) the Purchaser's due diligence has been completed to the satisfaction of the
Purchaser, in its sole and absolute discretion;
(iv) the Purchaser has obtained, in final and irrevocable form, all necessary
subdivision approvals, consents and certificates, tllat there are no conditions in
respect thereof that are unacceptable to the P\'lTchaser in its sole and absolute
discretion, atjd. that all appeal periods in respect of such subdivision approval,
consent or certificate have expiredllnd there are no existing or pending appeals of
such subdivision. approval, consent or certificate;
(v) the Ptjrchaser is satisfied, in its sole and absolute discretion, that the Property is
Zoned in Final Form. The Parties acknowledge tl18t the Purchaser will be
reqllired to apply for re...zoning of the Property in order to allow for retail power
centre development;
(vi) tlle retail developmellt by the Purchaser on the Property and adjoining lands has
been approved by tlle board of directors of Canadian Tite Corporation and Sobeys
Inc. (or their affiliates), and the Purchaser has entered into binding agreements
Witll both national retailers;
(vii) the Purchaser is satisfied, in its sole and absolute discretion, tllat uponapplicatiol1
it will be able to obtain from the appropriate authorities site plan approval for the
intended development of the Purchaser on satisfactory tenns; ana
10
(viii) the Purchaser is satisfied, in its sole and absolute discretion, that upon making
proper application and paying only normal fees a building pennit will be issued by
the municipality having jurisdiction so as to pennit the intended development of
the Purchaser in accordance with the site plan;
(b)
Representations and WmTanties. The covenants, representations and warranties set out in
Section 3.1 shall be true and accurate with the same effect as if made 011 and as ofthe
Closing Date;
(c)
Delivery of Documents. All documents or copies of documents required to be executed
and delivered to thePufchaser pursuant to this Agreement shalrliave. bee~ so executed
ahd delivered;
(d)
Performance of Tenns, Covenants and Conditions. All of the tenns, covenants and
conditions of tlns Agreement to be complied with Or perfonned by the Vendor on or
before the Closing Date shall have been complied with or perfonned;
(e)
Consents. All consents, approvals and assumptions required under any other agreement
affecting the Property in connection with the transaction contemplated by this Agreement
shall have been obtained and delivered to the Purchaser or entered into by all necessary
Parties;
(f)
Title to the Property. On the Closing Date, the Property shall be, legally and beneficially
owned by the Vendor with good and marketable title in fee simple free and clear of all
mortgages, liens, charges, encumbrances, restrictions, security interests, conditional sale
agreements, leases and any other claims and interests whatsoever, with the exception of
registered utility, oil and gas easeinel1ts deemed acceptable by the Purchaser, acting
reasonably;
(g)
Interim Period. During the Ihterim Period, there shall have been no material adverse
change in the condition or in the management or operation ofthe Property;
(h)
hlsur31ice. The Property shall be insurable by tlle Purchaser (including, without limitation,
fire and extended coverage, liability and property damage, boiler and pressure vessels and
loss of use and OCClJP311CY insurance) atnonnal rates for properties sihIilar in age,
construction, location and use to the Property;
(i)
Closing of Adjacent Properties. By the Closing Date, the Purchaser will have entered
into mId completed its purchase orand/or have binding, non-conditional f,lgreements of
purchase and sale regarding the following adjoining lands:
(i) identified in the New Brunswick Land Registry System by PID Number 00397620
from Ellerdale Investments Ltd., and as outlined in green on the plan attached as
Schedule "B"; mId
11
(ii) identified in the New Brunswick Land Registry System by PID Numbers
00396754 and 55012371 from the Saint John Transit Commission, and as
outlined in red on the plan attached as Schedule "B".
G) Vacant Possession. The Vendor shall provide vacant possession on the Closing Date of
(1) those lands identified by PID No. 00427526, (2) the public street known as Emco
Lane (in the event that such public street has been stopped up and closed) and (3) PID
55107494 which lies between PID 00397620 (owned by Ellerdale Investments Ltd.) and
PID 00427526. Vacant possession of the remainder the Property (being PID No.
00286195 and the remaining portion of PID 55107494) shall be given to the Purchaser,
no later that June 30,2008.
4.3 Extension of Commitment Date.
(a) If the conditions set forth in Subsection 4.2(a) have not been satisfied on or prior to the
original Commitment Date, the Purchaser shall have the unilateral right, in its sole,
absolute and unfettered discretion, to extend the commitment Date for a further period of
ninety (90) days.
(b) The Purchase shall be entitled to exercise the foregoing extension by delivering to the
Vendor written Notice of such extension on or before the original Commitment Date, and
upon deliver of such Notice the Commitment Date shall be automatically extended for
further period of ninety (90) days.
4.4 Subdivision and Planning Legislation. This Agreement shall be effective to create an
interest in the Property only if the provisions of all applicable subdivision and planning
legislation are complied with.
4.5 Satisfaction of Conditions. Each Party agrees to proceed in good faith and with
promptness and diligence to attempt to satisfy those conditions in Sections 4.1 and 4.2 that are
within its reasonable control.
4.6 Waiver of Conditions
(a) Notice of Waiver. If a condition set out in Section 4.1 or Section 4.2 has not been
satisfied on or before the Closing Date or such other date as may be specified for its
fulfilment, the Party for whose benefit the condition has been included may waive
compliance with the condition in whole or in part, in its sole discretion, by written Notice
to the other Party, and without prejudice to any of its rights of termination in the event of
non- fulfilment of any other condition in whole or in part, failing which delivery of written
Notice of satisfaction or waiver of such condition, this Agreement shall automatically
terminate, in which case neither Party shall be under any further obligation to the other to
complete the transaction contemplated by this Agreement.
12
(b) Deemed Satisfaction of Conditions. Notwithstanding Subsection 4.6(a), the closing of the
transaction contemplated by this Agreement by the Parties shall be deemed to be a waiver
by any Parties of compliance with any condition included for its benefit and not satisfied
on the Closing Date.
4.7 Not Conditions Precedent. The conditions set out in Sections 4.1 and 4.2 are conditions
to the obligations of the Parties hereto and are not conditions precedent to the existence or
enforceability of this Agreement.
ARTICLE 5
INTERIM PERIOD
5.1 Delivery of Documents. During the Interim Period, the Vendor shall promptly deliver the
following documents to the Purchaser:
(a) on or before ten (10) Business Days after the execution and delivery oftrus Agreement by
the Vendor to the Purchaser, the Vendor shall deliver to the Purchaser all of the Property
Documents, together with a certificate signed by a senior officer of the Vendor
confirming that the Property Documents so delivered, together with the material made
available to the Purchaser for inspection pursuant to Section 5.4, comprise all of the
Property Documents; and
(b) the Vendor shall continuously and promptly deliver a copy of every agreement affecting
the Property that the Vendor from time to time proposes to enter into, together with all
related correspondence.
5.2 Access by Purchaser. During the Interim Period, the Purchaser, its representatives and
advisors shall have full access to the Property and to all information relating to the Property that
is within the possession or control of the Vendor. The Vendor authorizes the Purchaser to carry
out such reasonable tests (including soil tests and roof core samples), environmental audits,
surveys and inspections of the Property, as the Purchaser, its representatives or advisors may
deem necessary, upon five (5) calendar days notice to the Vendor and the Purchaser will not
interfere with the Vendor's every-day use of the Property. The Purchaser shall promptly repair at
its sole cost and expense any damage to the Property caused by such tests and inspections and
indemnify and save harmless the Vendor from any liability or claim made against it as a result of
such testing and/or investigations of the Property.
5.3 Approval by Purchaser. During the Interim Period, the Vendor shall not enter into any
agreement affecting the Property or agree to amend, modify, vary, terminate, surrender or cancel
any existing agreement affecting the Property without the prior written approval of the Purchaser.
The Vendor shall provide to the Purchaser all information that the Purchaser reasonably
determines to be necessary in order to decide whether or not to grant its approval.
5.4 Inspection. During the Interim Period, the Vendor shall, at the request of the Purchaser,
make available for examination by the Purchaser, its representatives and advisors at the Vendor's
13
business offices during the Vendor's normal business hours all documents pertaining to the
environmental status of the Property including, without limitation, any permits, test reports,
manifests or consent orders in respect of the production, manufacture, transportation across, over
or through, storage or location on or beneath the surface of the Property of any radioactive, toxic
or other noxious substances or materials.
5.5 Governmental Inspections. During the Interim Period, at the request of the Purchaser,
the Vendor shall promptly deliver to the Purchaser letters addressed to such governmental
authorities as may be requested by the Purchaser or its solicitors authorizing each such authority
to inspect the Property and to release to the Purchaser such information on compliance matters
that the authority may have with respect to the Property. The Purchaser agrees to promptly
provide all preliminary and final reports by its consultants arising from its property and
environmental investigations.
5.6 Effect of Investigations. No investigations, inspections, tests or enquiries made by or on
behalf of the Purchaser at any time shall have the effect of waiving, diminishing the scope of or
otherwise affecting any covenant, representation or warranty made by the Vendor in or pursuant
to this Agreement.
5.7 Registration. The Purchaser shall be entitled to register this Agreement or a notice of this
Agreement against title to the Property. If such registration occurs and the transaction
contemplated by this Agreement fails to close, then the Purchaser agrees to delete or release any
such registration from the Registry or Land Titles Systems at its sole cost.
5.8 Risk. Until completion of this Agreement, the Vendor shall maintain insurance on the
Property in such amounts as a careful and prudent owner of similar property and premises would
maintain. The Vendor shall cause the Purchaser to be named as an additional named insured to
the extent of its interest in the Property.
5.9 Requisitions. The Purchaser shall have until the Requisition Date to investigate the
Vendor's title to the Property and to submit any objections to title. The Vendor shall undertake
to satisfy all reasonable objections to title submitted by the Purchaser pursuant to this Section.
5.10 Land Titles Act. The Purchaser shall be responsible for migration of the Property under
the Land Titles Act (New Brunswick), if required.
ARTICLE 6
CLOSING ARRANGEMENTS
6.1 Closing Arrangements. This Agreement shall be completed at lO:OO a.m. Atlantic
Standard Time on the Closing Date at the office of the Vendor's solicitors in Saint John, N.B.
6.2 Documents of the Vendor. The Vendor shall deliver to the Purchaser the following
documents on the Closing Date or on such other date as may be specified:
14
(a) Deed. A duly executed registrable transfer/deed duly completed, in fee simple, for the
Property transferring the Property to the Purchaser or as it may direct in accordance with
this Agreement;
(b) Certificate of the Vendor. A certificate of the Vendor executed by a senior officer
certifying that:
(i) the Vendor is not a non-resident within the meaning of Section 116 of the Income
Tax Act (Canada); and
(ii) the representations and warranties contained in Section 3.1 are true and accurate
as of the Closing Date;
6.3 Documents of the Purchaser. The Purchaser shall deliver to the Vendor the following
documents on the Closing Date or such other date as may be specified:
(a) Balance of the Purchase Price. A certified cheque, bank draft or electronic wire transfer
payable to the Vendor or as the Vendor may in writing direct in the amount of the balance
ofthe Purchase Price in accordance with Section 2.3; and
(b) HST Certificate. The certificate referred to in Subsection 6.5(b).
6.4 Single Transaction. All documents and funds shall be delivered in escrow at the place of
closing specified in Section 6.1 on the Closing Date pending registration of the documents
referred to in Sections 6.2 and 6.3 as reasonably required by the solicitors for the Parties and
receipt of such evidence that they shall reasonably request that all conditions of this Agreement
have been satisfied. It is a condition of closing that all matters of payment, execution and
delivery of documents by each Party to the other and the acceptance for registration of the
appropriate documents in the appropriate offices of public record shall be deemed to be
concurrent requirements and it is specifically agreed that nothing will be complete at the closing
until everything required at the closing has been paid, executed and delivered and until all
documents have been accepted for registration.
6.5 Taxes and Fees
(a) General. The Purchaser shall be responsible for the land transfer tax and registration fees
payable in connection with the registration of the deed(s) or transfer(s) referred to in
Subsection 6.2(a). Each Party shall pay its own legal fees with respect to this transaction.
(b) HST. No Harmonized Sales tax shall be paid by the Purchaser to the Vendor with respect
to the purchase by the Purchaser of the Property provided that the Purchaser provides to
the Vendor on or prior to the Closing Date a certificate of the Purchaser containing the
Purchaser's registration number for the purposes of the Harmonized -Sales tax imposed
under the Excise Tax Act (Canada).
15
ARTICLE 7
MISCELLANEOUS
7.1 Tender. Any tender of documents or money may be made upon the Party being tendered
or upon its solicitors and money may be tendered by certified cheque or bank draft.
7.2 Liability of Purchaser. If the Purchaser defaults in the performance of any obligation
under this Agreement and such default entitles the Vendor to terminate this Agreement, such
right of termination shall be the Vendor's only remedy and the Vendor shall be entitled to retain
the Deposit as liquidated damages.
7.3 Relationship of the Parties. Nothing in this Agreement shall be construed so as to make
the Purchaser a partner of the Vendor and nothing in this Agreement shall be construed so as to
make the Purchaser an owner of the Property for any purpose until the Closing Date.
7.4 Notices
(a) Any notice, certificate, consent, determination or other communication required or
permitted to be given or made under this Agreement (a "Notice") shall be in writing and
shall be effectively given and made if (i) delivered personally, (ii) sent by prepaid courier
service or mail, or (iii) sent prepaid by fax or other similar means of electronic
communication, in each case to the applicable address set out below:
(A) in the case of the Vendor addressed to it at:
The City of Saint John
City Manager's Office
P. O. Boxle. P. 1971
Saint John, N.B. E2L 4Ll
Attention: Common Clerk
Fax No.: (506) 674-4214
(B) in the case of the Purchaser addressed to it at:
Plazacorp Property Holdings Inc.
Suite 200, 527 Queen Street
Fredericton, NB E3B IB8
Attention: James Petrie, Corporate Counsel
Fax No.: (506) 451-1802
With a copy to:
Plaza BNG Inc.
50 Tacoma Drive, Unit 18
Dartmouth, N.S. B2W 3E5
16
Attention: Bryce Schnare, Vice-President
Fax No.: (902) 468-9446
(b) Any such communication so given or made shall be deemed to have been given or made
and to have been received on the day of delivery if delivered, or on the day of faxing or
sending by other means of recorded electronic communication, provided that such day in
either event is a Business Day and the communication is so delivered, faxed or sent prior
to 4:30 p.m. on such day. Otherwise, such communication shall be deemed to have been
given and made and to have been received on the next following Business Day. Any such
communication sent by mail shall be deemed to have been given and made and to have
been received on the fifth (5th) Business Day following the mailing thereof; provided
however that no such communication shall be mailed during any actual or apprehended
disruption of postal services. Any such communication given or made in any other
manner shall be deemed to have been given or made and to have been received only upon
actual receipt.
(c) Any Party may from time to time change its address under this Section by Notice to the
other Party given in the manner provided by this Section.
7.5 Commissions. The Vendor agrees that it is the responsibility of the Vendor to pay any
real estate commissions payable in respect of the purchase and sale of the Property and hereby
agrees to indemnify the Purchaser in respect of all real estate commissions in connection with
this Agreement. The Purchaser represents and warrants to the Vendor that the Purchaser has used
no real estate agent in connection with this Agreement.
7.6 Further Assurances. Each Party shall promptly do, execute, deliver or cause to be done,
executed and delivered all further acts, documents and things in connection with this Agreement
that the other Party may reasonably require, for the purposes of giving effect to this Agreement.
7.7 Lawyers as Agents. Notices, approvals, waivers and other documents permitted, required
or contemplated by this Agreement may be given or delivered by the Parties or by their
respective solicitors on their behalf.
7.8 Assignment. The rights of the Purchaser hereunder may be assigned upon Notice and
consent of the Vendor, acting reasonably, and upon delivery of such Notice and consent having
been received, the Purchaser shall be entitled to assign this Agreement to a third Party and upon
such assignment the Purchaser shall be relieved of all obligations hereunder.
7.9 Non-Merger. None of the provisions of this Agreement shall merge in the deed or
transfer of the Property or any other document delivered on the Closing Date and the provisions
of this Agreement shall survive the Closing Date.
7.10 Successors and Assigns. This Agreement shall enure to the bene fir of and shall be
binding upon the Parties, their respective successors and permitted assigns and shall enure to the
17
benefit of and be enforceable only by such successors and permitted assigns that have succeeded
or which have received such assignment in the manner permitted by this Agreement.
7.11 Time of Essence. Time shall be of the essence of this Agreement in all respects.
7.12 Entire Agreement. This Agreement constitutes the entire agreement between the Parties
pertaining to the subject matter of this Agreement and supersedes all prior agreements,
understandings, negotiations and discussions, whether oral or written. There are no conditions,
warranties, representations or other agreements between the Parties in connection with the
subject matter of this Agreement (whether oral or written, express or implied, statutory or
otherwise) except as specifically set out in this Agreement.
7.13 Waiver. A waiver of any default, breach or non-compliance under this Agreement is not
effective unless in writing and signed by the Party to be bound by the waiver or its solicitor. No
waiver shall be inferred from or implied by any failure to act or delay in acting by a Party in
respect of any default, breach or non-observance or by anything done or omitted to be done by
the other Party. The waiver by a Party of any default, breach or noncompliance under this
Agreement shall not operate as a waiver of that Party's rights under this Agreement in respect of
any continuing or subsequent default, breach or non-observance (whether of the same or any
other nature).
7.14 Severability. Any provision of this Agreement which is prohibited or unenforceable in
any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or
unenforceability and shall be severed from the balance of this Agreement, all without affecting
the remaining provisions of this Agreement or affecting the validity or enforceability of such
provision in any other jurisdiction.
7.15 Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be an original and all of which taken together shall be deemed to
constitute one and the same instrument. Counterparts may be executed either in original or faxed
form and the Parties adopt any signatures received by a receiving fax machine as original
signatures of the Parties; provided, however, that any Party providing its signature in such
manner shall promptly forward to the other Party an original of the signed copy of this
Agreement which was so faxed.
7.16 Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the Province of New Brunswick and the laws of Canada applicable in that Province
and shall be treated, in all respects, as an contract.
7.17 Force Majeure. Neither Party shall be liable nor be able to terminate this contract for
any failure to perform hereunder where such failure is proximately caused by a Force Majeure
Occurrence. A "Force Majeure Occurrence" shall mean an occurrence beyond the control and
without the fault or negligence of the party affected and which by exercise- or reasonable
diligence the said party is unable to prevent or provide against. Without limiting the generality of
the foregoing, force majeure occurrences shall include: acts of nature (including fire, flood,
18
earthquake, storm, hurricane or other natural disaster), war, invasion, acts of foreign combatants,
terrorists acts, military or other usurped political power or confiscation, nationalization,
government sanction or embargo, labor disputes of third parties to this contract, or the prolonged
failure of electricity or other vital utility service. Any Party asserting Force Majeure as an excuse
to performance shall have the burden of proving proximate cause, that reasonable steps were
taken to minimize the delay and damages caused by events when known, and that the other Party
was timely notified of the likelihood or actual occurrence which is claimed as grounds for a
defense under this clause.
7.18 The inclusion of Emco Lane, if stopped up and closed (in the definition of "Property"),
does not either explicitly nor implicitly obligate the Common Council of the City of Saint John to
stop up and close the said public street.
IN WITNESS WHEREOF the Parties have executed this Agreement.
Executed by the Vendor the
day of November, 2007.
THE CITY OF SAINT JOHN
By:
Name:
Title:
By:
Name:
Title:
I/We have authority to bind the Corporation.
Executed by the Purchaser the21~ay of November, 2007.
PROPERTY HO~_:~~?~/,
...'" ~. .'ORPO";' /-j.
-"'o~' ,(i. -9", .-S-o'"
- ."'" '.'.,A'"
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1,/, II I 1\ \ \ \
By:
Name: AMES M. PETRIE
Title: COHPORATE COUNSEL
& SECRETARY
I have authority to bind the Corporation.
Schedules
Schedule "A" - Legal Description of Property
Schedule "B" - Site Plan
Schedule "c" - Uses to be Provided for in Zoning By-Law
19
SCHEDULE "A"
Legal Description of Properties
Those lands and buildings in Saint John, New Brunswick, identified by PID Numbers 00286195,
00427526 and a portion of 55107494 (being the spur line bordering the foregoing properties) and
the public roadway known as Emco Lane, as set out on the attached Schedule "B",
20
SCHEDULE "B"
Site Plan
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21
SCHEDULE "C"
Uses to be Provided for in Zoning By-Law
(see attached)
650 HEAVY INDUSTRIAL PARK 11-4~
(1) Uses
Any land, building or structure may be used for the purposes of, and for no other purpose
than,
(a) the following uses:
Non-industrial
- retail store;
- skating rink;
- buslness office;
- curling rink;
- bank or financial institution;
- municipal building;
. hotel;
- electric substation or
telephone exchange;
- dwelling unit for a care-taker or
watchman;
- restaurant;
- sale of automotive equipment
and vehicles:
- service station;
Manufacturing and Industrial
. dyeing & cleaning works;
- paint and paper-hanger shop;
- laundry;
- subject to subsection (3)(a),
storage and/or recycling depot
for scrap paper and paper
products. plastic products.
aluminum and steel cans,
bottles and other beverage
and food containers, including
a redemption centre;
. printing shop;
- carpentry, cabinet-making
shop;
;;.-furniturEfof uphOlstery shop;
- electrical repair shop;
- subject to subsections (2) and
(1 )(b), general industrial
warehousing, manufacture and
industrial services;
. plumbing, gas, steam or hot
water fitting shop;
(b) the following uses subject to such terms and conditions as may be impo~es:J by the
Committee:
110
650 1-4 ZONE
(1) (b)
- brewery;
. sausage manufacture;
- bus or transit depot or
terminal;
- subject to subsection (3)(b),
sauerkraut manufacture;
- distillery;
- subject to subsection (3)(b) ,
smoke house;
- foundry or deep forge;
- subject to Section
810(11)(b), the excavation of
land greater than one-metre for
the purposes of preparing the
site for develoment permitted
in the zone;
(c) subject to Section 830, an accessory building, structure or use, incidental to a use,
building or structure permitted in this Se_ction.
(2) Prohibited Uses
The following uses are sp~cifically not permitted in this zone:
- abattoir;
- auto wrecking;
- acid manufacture;
- bag cleaning;
- blast furnace;
- acetylene gas manufacture;
- alcohol manufacture;
- boiler works;
- ammonia, bleaching powder or
chlorine manufacture;
- brick, tile or terra cotta
manufacture;
~_arsenal;, -,
- candle manufacture;
- asphalt manufacture or refining;
- celluloid manufacture or
treatment;
111
(2) Prohibited Uses (cont'dl
650 '~4 ZONE
. cement, lime, gypsum or plaster of
paris manufacture;
- coke oven;
- compressed gas works;
- creosote treatment or manufacture;
- disinfectants manufacture;
- distillation of bones;
- dye-stuff manufacture;
- exterminator and insect poison
manufacture;
- fat rendering;
~ fertilizer manufactur.e or storage;
- fireworks or explosive manufacture
or storage;
- fi~h smokit:l~1 curing or canning;
- flour and feed mill;
- gas manufacture;
- glue, size or gelatin manufacture;
112
- incineration or reduction of
garbage, dead animals,
offal or refuse;
- lampblack manufacture;
- metal smelting, refining or
reduction;
- oilcloth or linoleum
manufacture;
- oiled or rubber goods
manufacture;
~ ore reduction;
- paint, oil shellac,
turpentine or varnish
manufacture;
- paper and pulp
manufacture;
~ potash works;
~ precast concrete plant or
manufacture;
- proxyline manufacture;
- refining or wholesale
storage of petroleum or its
products;
- rock crusher;
- rolling mill;
- rubber or gutta perch a
manufacture or treatment;
650 1-4 ZONE
(2) Prohibited Uses (cont'd)
- salt works;
- sulphuric, nitric or
hydrocholoric acid
manufacture;
- sandpaper manufacture;
- tallow grease or tare!'
manufacture or refining;
- sawmill;
- tar roofing or
waterproofing
manufacture;
- shoe or stove polish manufacture;
- tobacco (chewing)
manufacture;
- soap manufacture or soap boiling
works;
- vinegar manufacture;
- soda and compound manufacture;
- wool pUlling or scouring;
- stockyard, or feeding pen;
- yeast plant;
- stone mill;
- any other use which may
be obnoxious or offensive
by reason or the emission
or odor, dust, smoke, gas,
noise or vibration;
- storage, baling or processing of scrap
paper, bottles, iron, rags, bones or
scrap metal other than permitted
under subsection (1);
(3) Conditions of Use
(a)cu~torage, and/or recycling depot for scrap paper and paper products. plastic products,
aluminum and steel cans, bottles and other beverage and food containers, including a
redemption centre shall be contained within an enclosed building.
(b) a smoke house or sauerkraut manufacturing shall not be located closer than 150 metres
from an "R" or "B" Zone.
(4) Zone Standards
(a) Minimum lot area .........."..............................................3,700 square metres
(b) Minimum lot width ..............................................................45 metres
113
i
650
(4)
(c) Minimum front yard
(i) on Emco Lane.......................................................7.5
(ii) on other streets.................................................... ..15
(d) Minimum side yard............................................................ 7.5
(e) Minimum rear yard ............................................................7.5
(f) Maximum building height...................................................... 3
(g) Maxim um lot occupancy........................................................
114
1-4 ZONE
metres
metres
metres
metres
storeys or 14 metres
50%