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2013-07-29_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, July 29, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 July 2, 2013 Minutes 1 -10 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Digital Map Files Sharing Agreement with the New Brunswick Department of 11 -13 Natural Resources (Recommendation in Report) 5.2 Saint John Trade and Convention Centre - Approval of 2012 Audited Financial 14-20 Statements (Recommendation in Report) 5.3 Proposed Public Hearing Date 142 Harrington Street and 304 Westmorland 21 -22 Road (Recommendation in Report) 5.4 Designation of Head of the City of Saint John under the Right to Information and 23-23 Protection of Privacy Act (RTIPPA) (Recommendation in Report) 5.5 Contract 2012 -16 - Station Street (Sewell Street to Civic #130) - Combined 24-25 Sewer Separation (Recommendation in Report) Powered By; ['� � i�E- 1 6 7 8 9 10 11 12 5.6 Contract No. 2013 -20 - Micro Surfacing 2013 (Recommendation in Report) 26-27 5.7 Main Street Baptist Church - Request for Lands (Recommendation: Refer to 28-34 City Manager) 5.8 PRUDE Inc. Letter Re: The Honouring of Vincent Churchill (Manny) McIntyre 35-42 (Recommendation: Approve the Request) Members Comments Proclamation Delegations / Presentations 8.1 Saint John Parking Commission /Saint John Transit Commission - Presentation 43-62 Public Hearings 6:30 p.m. 9.1 Proposed Section 39 Amendment - 1954 Manawagonish Road 63-68 9.1.1 Planning Advisory Committee Report recommending Section 39 69-89 Amendment 9.2 Proposed Section 39 Amendment - 750 -840 Somerset Street 90-97 9.2.1 Planning Advisory Committee Report recommending Section 39 98-109 Amendment 9.3 Proposed Zoning ByLaw Amendment - 2240 Red Head 110 - 115 9.3.1 Planning Advisory Committee Report recommending Decision be Held 116-123 Pending Additional Information Consideration of By -laws Submissions by Council Members 11.1 Illegally Placed Signs (Councillor McAlary) 124-124 11.2 Multi -City Working Group Presentation (Councillor Reardon) 125-125 Business Matters - Municipal Officers 12.1 Fundy Quay 126-127 12.2 Execution of a Section 101 Agreement on 460 Latimore Lake Road and Third 128-173 Reading to Rezone a portion of the lands adjacent to 460 Latimore Lake 2 3 12.2.1 Third Reading - Zoning By -Law Amendment - 460 Latimore Lake 174-175 13. Committee Reports 13.1 Planning Advisory Committee - Proposed Subdivision and Variance - 608 176-183 Millidge Ave / 55 University Ave 13.2 Saint John Parking Commission - Hotspot Parking - Council Referral 184-185 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Port City Rainbow Pride Letter Re: Pride Week 186-186 15.2 Letter from W. Butler Re: Proposed Development 700 Millidge Avenue 187-192 16. Supplemental Agenda 16.1 Contract No. 2013 -13: - St. James Street West (Lancaster St. to Watson St.) 193-195 Watermain Renewal 16.2 Saint John City Market — Lease of Space Stall "C -1" 196-227 16.3 Saint John City Market — Lease of Space Utilized by The Infusion Co. 2011 Ltd. 228-258 16.4 Signage (Mayor Norton) 259-262 16.5 Stop -Up and Closure and Subsequent Sale of Vimy and Freedom Courts 263-266 16.5.1 Stop Up and Close Freedom Court (Proposed 1 st and 2nd Reading) 267-268 16.5.2 Stop Up and Close Vimy Court (Proposed Third Reading) 269-270 16.6 Parking Lot License Agreement 271 -275 17. Committee of the Whole 17.1 Committee Appointments 276-276 17.2 Illegal Parking Lots 277-277 18. Adjournment 3 City of Saint John Common Council Meeting Monday July 29, 2013 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8t" Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Provincial Matter 10.2(4)(e) 1.3 Land Matter 10.2(4)(d) 1.4 Financial Matter 10.2(4)(c) 1.5 Nominating Committee 10.2(4)(b) 1.6 Financial Matter (Deputy Mayor Rinehart) 1.7 Land Matter (Councillor MacKenzie) 1.8 Legal Matter 10.2(4)(f)(g) 1.9 Legal Matter 10.2(4)(f) 4 The City of Saint John Seance du conseil communal Le lundi 29 juillet 2013 18 h Salle du conseil Comite pl6nier 1.Ouverture de la seance Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffi&c communale au 658 -2862. Chacun des points suivants, en totalit& ou en partie, peut faire l'objet d'une discussion en priv6 en vertu des dispositions pr&vues a Particle 10 de la Loi sur les municipalites. Le conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la seance publique 16 h 30 — Salle de conference, 8e etage, hotel de ville 1.1 Approbation du proc&s- verbal — paragraphe 10.2(4) 1.2 Question provinciale — alin6a 10.2(4)e) 1.3 Question relative aux biens -fonds — alin&a 10.2(4)d) 1.4 Question financiere — alin6a 10.2(4)c) 1.5 Comite des candidatures — alin6a 10.2(4)b) 1.6 Question financiere (mairesse suppl6ante Rinehart) 1.7 Question relative aux biens -fonds (conseiller MacKenzie) 1.8 Question juridique — alin&as 10.2(4)/), g) 1.9 Question juridique — alin&a 10.2(4)f) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal du 2 juillet 2013 3. Adoption de Fordre du jour 4. Divulgations de conflits Winterets 5. Questions soumises a 1'approbation du conseil 5.1 Entente de partage des fichiers cartographiques num&riques avec Service Nouveau - Brunswick (recommandation figurant au rapport) 5.2 Saint John Trade and Convention Centre — Approbation des 6tats financiers v6rifi6s de 2012 (recommandation figurant au rapport) 5.3 Date propos6e de la tenue d'une audience publique relativement au 142, rue Harrington et au 304, chemin Westmorland (recommandation figurant au rapport) 5.4 Nomination du « chef » de The City of Saint John en vertu de la Loi sur le droit a Pinformation et la protection de la vie privee ( recommandation figurant au rapport) 5.5 Contrat no 2012 -16 — rue Station (rue Sewell a 1'adresse municipale 13) — S&paration de la canalisation d'&gout unitaire (recommandation figurant au rapport) 5.6 Contrat no 2013 -20 — Microrevetement 2013 (recommandation figurant au rapport) 5.7 Eglise baptiste Main Street Baptist Church — Demande de biens -fonds (recommandation : transmettre au directeur g&n6ral) 5.8 PRUDE Inc. Lettre concernant la c&16bration de la m6moire de Vincent Churchill (Manny) McIntyre (recommandation : approuver la demande) 6. Commentaires pr6sent& par les membres 7. Proclamation 8. D06gations et pr6sentations 8.1 Commission sur le stationnement de Saint John et Commission des transports de Saint John — Pr6sentation 9. Audiences publiques i 18 h 30 9.1 Modification propos6e a Particle 39 — 1954, chemin Manawagonish 9. 1.1 Rapport du Comit6 consultatif d'urbanisme recommandant la modification de Particle 39 9.2 Modification propos6e a Particle 39 — 750 -840, rue Somerset 9.2.1 Rapport du Comit6 consultatif d'urbanisme recommandant la modification de Particle 39 9.3 Projet de modification de 1'Arr&& de zonage — 2240, chemin Red Head 9.3.1 Rapport du Comit6 consultatif d'urbanisme recommandant la suspension de la d6cision jusqu'a ce que 1'on regoive d'autres renseignements 10. Etude des arret6s municipaux 11. Interventions des membres du conseil 11.1 Panneaux places illicitement (conseillere McAlary) 11.2 Pr6sentation du groupe de travail multi - villes (conseillere Reardon) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Quai Fundy 12.2 Ex&cution de Pentente conforme aux dispositions de Particle 101 visant le 460, chemin du lac Latimore, et troisi&me lecture en vue de proc&der au rezonage d'une parcelle de terrain adjacente au 460, chemin Latimore Lake 12.2.1 Troisi&me lecture — projet de modification de 1'ar8t& de zonage 460, chemin Latimore Lake 13. Rapports deposes par les comites 13.1 Comit& consultatif d'urbanisme — Projet de lotissement et de d6rogation — 608, avenue Millidge, et 55, avenue University 13.2 Commission sur le stationnement de Saint John — Stationnement incitatif HotSpot — Renvoi au conseil 14. Etude des sujets 6cart6s des questions soumises a I'approbation du conseil 15. Correspondance g6n6rale 15.1 Lettre concemant la Semaine de la fiert& gaie dans la ville portuaire 15.2 Lettre de W. Butler concernant le projet d'am&nagement visant le 700, avenue Millidge 16. Ordre du jour suppl6mentaire 16.1 Contrat ri 2013 -13 : Renouvellement de la conduite d'eau principale — rue St. James Ouest (depuis la rue Lancaster jusqu'a la rue Watson) 16.2 March6 municipal de The City of Saint John — Location de Ntal n « C- 1» 16.3 March6 municipal de The City of Saint John — Location de l'espace utilis6 par The Infusion Co. 2011 Ltd. 16.4 Installation de panneaux (maire Norton) 16.5 Fermeture et barrage et vente subs6quente de la cour Vimy et de la cour Freedom 16.5.1 Fermeture et barrage de la cour Freedom (1' et 2e lecture propos6e) 16.5.2 Fermeture et barrage de la cour Vimy (3e lecture proposee) 16.6 Contrat de licence pour le stationnement 17. Comite plenier 17.1 Comite pl6nier : Recommandations de nominations pour si6ger aux comites 17.2 Comite pl6nier : Pares de stationnement illicites 18. Levee de la seance 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 2, 2013/LE 2 JUILLET 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JULY 2, 2013 - 6:00 P.M. Present: Shelley Rinehart, Deputy Mayor Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - W. Edwards, Acting City Manager / Commissioner of Transportation and Environment Services; F. Beaulieu, Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; J. Hamilton, Commissioner of Growth and Community Development Services; A. Poffenroth, Deputy Commissioner Building and Inspections Services; P. Ouellette, Acting Deputy Common Clerk; and K. Tibbits, Administrative Assistant 1. Call To Order — Prayer Deputy Mayor Rinehart called the meeting to order and Reverend Lindsey Burt from the Full Gospel Assembly offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of June 10, 2013 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on June 10, 2013, be approved. Question being taken, the motion was carried. 2.2 Minutes of June 17, 2013 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the minutes of the meeting of Common Council, held on June 17, 2013, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 Contract No. 2013 -15: Duke Street West (Watson to Ludlow) — Watermain, Sanitary, Storm and Street Reconstruction; 16.2 Contract No. 2013 -17: Crack Sealing — 2013; 16.3 Contract No. 2013 -1: Milford Sewer Separation Phase II; 16.4 Loch Lomond Road (Russell Street to Westmorland Road) — Water, Sanitary and Storm Sewer Renewal and Road Reconstruction; 16.5 Letter from J. Campbell regarding Fundraiser for Mispec Beach; 16.6 Fundy Region Services Commission; and 17.1 Committee of the Whole: Department of Fisheries and Oceans ( "DFO ") Lease Agreement. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2013- 143: Proposed Municipal Services Easement 835 Loch Lomond Road Common Council assent to a subdivision plan of the property located at 835 Loch Lomond Road (PID 00313700), with respect to the vesting of the proposed municipal services easement. 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 2, 2013/LE 2 JUILLET 2013 5.2 That as recommended by the City Manager in the submitted report M &C 2013- 099: Mosaic Heights Subdivision - Municipal Drainage Easements and Detention Pond: 1. The City of Saint John acquire from REID Investments Ltd. easements for drainage of naturally occurring surface water (Municipal Drainage Easements EA -1 and EA -2) as depicted on the submitted Tentative Subdivision Plan titled "Mosaic Heights Subdivision — Unit 1 Phase 1, Loch Lomond Road, City of Saint John, Saint John County, N.B." and dated May 6, 2013 for one dollar; and 2. Upon completion by REID Investments Ltd. of the work relating to the detention pond to the satisfaction of the Chief City Engineer, that The City of Saint John accept from REID Investments Ltd., at the said company's cost and expense, a Transfer in registerable form of the unencumbered freehold title to Lot 13 -1000 depicted on the submitted Tentative Subdivision Plan titled "Mosaic Heights Subdivision — Unit 1 Phase 1, Loch Lomond Road, City of Saint John, Saint John County, N.B." and dated May 6, 2013 for one dollar." 5.3 That as recommended by the City Manager in the submitted report M &C 2013- 145: Transportation and Environment Services - Tenders for Rental Loaders, Common Council award the tender for the supply of two (2) loaders with plow and wing to Maritime Case Ltd. at a price of $7,628.19 per machine per month for a two (2) year, six (6) months per year term, at a total cost of $183,076.56 plus HST, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.4 Refer to Item 14.1 5.5 That as recommended by the City Manager in the submitted report M &C 2013- 142: Environmental Trust Fund - Letter of Offer, the Mayor and Common Clerk be authorized to sign the submitted Environmental Trust Fund Letter of Offer for Environmental Risk Assessment, Lancaster Wastewater Treatment Facility - Saint John (Project Number 130008). On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of item 5.4 Unidirectional Flushing which has been identified for debate, be adopted. Question being taken, the motion was carried 6. Members Comments Council members commented on various community events 7. Proclamation 8. Delegations /Presentations 10. Consideration of By -laws 12. Business Matters - Municipal Officers 13. Committee Reports 11. Submissions by Council Members 11.1 Setting Goals for Agencies, Boards and Commissions (Mayor Norton) On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the letter from Mayor Norton entitled, Setting Goals for Agencies, Boards and Commissions be referred to the Nominating Committee and to the ad hoc committee established by Council to review Boards, Commissions and Committees for consideration. 2 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 2, 2013/LE 2 JUILLET 2013 Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Provision of Compensatory Storage - Defazio Autobody Repair, 4 Broadway Avenue On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -147: Provision of Compensatory Storage - Defazio Autobody Repair 4 Broadway Avenue, Common Council approve the sale of compensatory storage, calculated at the rate of $10.75 per cubic metre, for each cubic metre of flood storage displaced by the development, up to 124 cubic metres, at 4 Broadway Avenue, to Mr. Michael Defazio of Defazio Autobody Repair. Responding to a question, Mr. Edwards stated that the City has a policy regarding compensatory storage issues, specifically for the Glen Falls area. He explained that the policy directs that larger commercial type developments requiring compensatory storage to Council, noting that staff can deal with smaller development requirements. Question being taken, the motion was carried. On motion of Councillor Fullerton Seconded by Councillor Reardon RESOLVED that Council guidelines respecting the sale of flood storage for developers in the flood risk area be amended so that staff is authorized to sell compensatory storage for developments that meet the criteria set out in the guidelines, allowing them to be more efficient. Mr. Edwards suggested that staff provide the policy on compensatory storage to Council for its consideration. The question was not taken as a referral motion took precedence. On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the issue of compensatory storage be referred to the City Manager. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 14.1 Unidirectional Flushing Responding to a question with respect to providing skills training to City staff for the flushing of fire hydrants, Mr. Edwards explained that this is a specialized process and indicated that although it could be developed in -house it would be expensive to do so. He noted that in addition to the training of staff, the process requires specialized equipment and software. He suggested that it may be less expensive to engage an outside source for this purpose. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -141: Unidirectional Flushing, the proposal from Aqua Data Atlantic for the provision of the Annual Unidirectional Flushing Program for the initial term of years 2013 through 2015 and at a cost of $575,700.00 plus tax, be accepted, and further that the option for an additional two (2) year period, at the sole discretion of the City, be included. Question being taken, the motion was carried. Discussion on item 14.1 Unidirectional Flushing was suspended for the public hearings scheduled to begin at 6:30 p.m. 3 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 2, 2013/LE 2 JUILLET 2013 9. Public Hearings 6:30 P.M. 9.1 Proposed Municipal Plan Amendment — 220 Glen Road 9.1.1 Planning Advisory Committee report recommending Denial of MPA 9.1.2 Letters of Opposition The Acting Deputy Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan amendment of a parcel of land located at 220 Glen Road having an area of approximately 11 hectares, also identified as being PID Number 00420386 and a portion of PID Number 00300855, by amending Schedule A — City Structure from Rural Resource Area (outside of the Primary Development Area) to Stable Area (within the Primary Development Area) classification; and by amending Schedule B — Future Land Use, by redesignating the same parcel of land from Rural Resource (outside of the Primary Development Area) to Stable Residential (within the Primary Development Area) classification to permit the expansion of the existing mobile home park as requested by Hughes Surveys & Consultants Inc. on behalf of 632504 New Brunswick Ltd., with written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its June 18, 2013 meeting at which time the committee recommended that the municipal plan amendment be denied. The Deputy Mayor called for members of the public to speak against the amendment with no one presenting. The Deputy Mayor called for members of the public to speak in favour of the amendment with Mr. Rick Turner of Hughes Surveys & Consulting indicating that he is not in agreement with the recommendation to deny the amendment. Mr. Turner highlighted the following points for Council's consideration: • The proposal offers an affordable housing option and encourages young families to establish roots in the community; • The City needs to consider developments that extend opportunities for mixed income living and diversity of housing choice which supports the Growth Strategy identified in PlanSJ; • The proposal is suggesting only a minor adjustment to the Primary Development Area boundary; • The development would create jobs and stimulate the economy; • The Planning Advisory Committee did not have the benefit of studying the detailed report prior to the meeting and although received at the meeting, it was not reviewed in depth; • The storm water management plan will exceed the City's requirements by lowering the amount of run -off during a storm event; • The development will be self sufficient from a servicing, waste collection, street construction stand point; private roads will be owned and maintained by the owner; City not responsible for paving, plowing, servicing, or repair and maintenance of pipes; • The proposal will proceed in phases and it is estimated that 20 units a year will be utilized, not all 80 units at once and overwhelming the market; • The existing park will be upgraded; and, • Full build -out of the project will generate $7,000,000 in new tax dollars for the City Mr. Steven Perry from Brunswick Engineering spoke in favour of the development. He highlighted the storm water management plan and explained that the proposal allows for the use of voids in rocks for underground storage, adding that this process has been used in other developments within the City. Mr. Perry stated that the proposal exceeds the City's current requirements regarding run -off water in a storm event. Mr. Perry emphasized that the proposal will not solve the problems in the Glen Falls area but will reduce the net run -off and retain the storm water on site until such time that the tides can discharge it properly. 4 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 2, 2013/LE 2 JUILLET 2013 Mr. Kemal Debly of the Debly Group of Companies also spoke in support of the project. He reported that in addition to the $7,000,000 tax base additional revenue will be generated through payment of water and sewage services and through building permits He stated that the project will employ 28 people for approximately 18 months, adding that this has significant economic impact for the City. Mr. Debly reiterated that the City will not be responsible for such things as plowing of streets, maintenance and repair of water or sanitary lines, or garbage collection. Responding to a comment in the staff report, Mr. Debly suggested that the demographics of people who buy modular homes is very different from those interested in settling in the uptown core and suggested that if housing is not available, this demographic is likely to settle outside of the City. Responding to a question, Mr. Edwards stated that although he has not reviewed the detailed design, that underground storage is well established and is founded on sound scientific facts and can work effectively if designed properly. Referring to the primary development area boundary of the new Municipal plan, Ms. Hamilton stated that there is significant capacity within that area to accommodate the forecasted demand and she suggested that development be directed to the urban and suburban intensification areas identified in PlanSJ. Ms. Hamilton explained that the role of the City is to ensure that an adequate supply of land for future development exists, adding that this was accomplished through careful analysis during the PlanSJ process. She noted that there are policies which encourage inclusive forms of housing to promote mixed use development. Responding to a question, Ms. Hamilton stated that the private infrastructure would connect into the public system, which she noted the City is not required to maintain as it is private infrastructure and servicing. She explained however that because the application involves an extension to the primary development area, it poses a risk to the municipality in that if there are failures of the systems in the future the City could be responsible. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled "A Law to Amend the Municipal Plan By- Law ", amending Schedule A — City Structure by redesignating a parcel of land with an area of approximately 11 hectares, located at 220 Glen Road, also identified as being PID Number 00420386 and a portion of PID Number 00300855 from Rural Resource Area (outside of the Primary Development Area) to Stable Area (within the Primary Development Area) classification; and by amending Schedule B — Future Land Use, by redesignating the same parcel of land from Rural Resource (outside of the Primary Development Area) to Stable Residential (within the Primary Development Area) classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the bylaw entitled, "A Law to Amend the Municipal Plan By- Law." On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled "A Law to Amend the Municipal Plan By- Law ", amending Schedule A — City Structure by redesignating a parcel of land with an area of approximately 11 hectares, located at 220 Glen Road, also identified as being PID Number 00420386 and a portion of PID Number 00300855 from Rural Resource Area (outside of the Primary Development Area) to Stable Area (within the Primary Development Area) classification; and by amending Schedule B — Future Land Use, by redesignating the same parcel of land from Rural Resource (outside of the Primary Development Area) to Stable Residential (within the Primary Development Area) classification, be read a second time. Question being taken, the motion was carried. 5 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 2, 2013/LE 2 JUILLET 2013 Read a second time by title, the bylaw entitled, "A Law to Amend the Municipal Plan By- Law." 9.2 Proposed Zoning ByLaw Amendment — 221 Loch Lomond Road 9.2.1 Planning Advisory Committee report recommending Denial of ZBA The Acting Deputy Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 780 square metres, located at 221 Loch Lomond Road, also identified as being PID Number 00319129, from "R -2" One and Two Family Residential to "B -1" Local Business with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of planning staff's report considered at its June 18, 2013 meeting at which the committee recommended that the zoning bylaw amendment be denied. The Deputy Mayor called for members of the public to speak against the amendment with no one presenting. The Deputy Mayor called for members of the public to speak in favor of the amendment with Mr. Robert Cole, of 115 Hazen Street and owner of Padgett Business Services, presenting. He explained that Padgett Business Services is a professional accounting firm and is proposing to move from its current location to the location on Loch Lomond Road. Mr. Cole addressed a concern brought forward during the Planning Advisory Committee meeting that suggested a possible section 39 condition which would require the property to revert back to a residential zoning should he decide to sell the property in the future. Mr. Cole expressed concern that this is not feasible as renovations to the inside of the building are required to use as a professional business, adding that if he chose to sell the property in the future it would not be conducive to residential living. Mr. Cole noted that he has no intention of changing the outside of the building and that the landscaping will complement the area. He suggested that parking and signage is not an issue and that there would be no requirement to park on the street. Referring to a submitted presentation, Mr. Cyr provided a high level overview of the proposal, the staff analysis, and the recommendation from the Planning Advisory Committee. He advised that the subject site is within a transitional area along Loch Lomond Road and that the staff report and recommendation is based upon direction from the municipal plan. Responding to a question, Mr. Cyr stated that the major concern with the proposal is the location and the precedent that would be set by rezoning a residential property to a commercial zone and undermining the commercial core of the City. On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 780 square metres, located at 221 Loch Lomond Road, also identified as being PID Number 00319129, from "R -2" One and Two Family Residential to "B -1" Local Business, be read a first time. Question being taken, the motion was carried. Read a first time by title, the bylaw entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule "A ", the A 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 2, 2013/LE 2 JUILLET 2013 Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 780 square metres, located at 221 Loch Lomond Road, also identified as being PID Number 00319129, from "R -2" One and Two Family Residential to "B -1" Local Business, be read a second time. Question being taken, the motion was carried. Read a second time by title, the bylaw entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the process of staff giving a presentation during the public hearing process be referred to the City Manager and the City Solicitor for an opinion and clarification on procedure and appropriateness. Question being taken, the motion was carried. Discussion on item 14.1 Unidirectional Flushing resumed. On motion of Councillor MacKenzie Seconded by Councillor Lowe RESOLVED that the City Manager be directed to conduct an analysis to consider a skills training program for City workers during the negotiation process to allow for in house skills training rather than the contracting out of specialized work. Question being taken, the motion was carried. 15. General Correspondence 15.1 UNBSJ - Department of Athletics Recreation and Wellness - Sponsorship of CCAA Men's Soccer National's Event On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the letter from the CCAA Men's Soccer National Championship Committee requesting sponsorship be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. 15.2 YMCA -YWCA of Greater Saint John: Request to Present On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the request to present from the YMCA -YWCA of Greater Saint John to provide an update on the new "Y" Facility be referred to the Clerk to schedule. Question being taken, the motion was carried. 16. Supplemental Agenda 16.1 Contract No. 2013 -15: Duke Street West (Watson to Ludlow) — Watermain, Sanitary, Storm and Street Reconstruction On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -146, Contract No. 2013 -15: Duke Street West (Watson to Ludlow) — Watermain, Sanitary, Storm and Street Reconstruction be awarded to the low Tenderer, Terraex Inc., at the tendered price of $598,781.35 (including HST) as calculated based upon estimated quantities; and, further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 7 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 2, 2013/LE 2 JUILLET 2013 16.2 Contract No. 2013 -17: Crack Sealing — 2013 On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -148, Contract No. 2013 -17: Crack Sealing — 2013 be awarded to the low tenderer, AVL Construction Group Inc. at the tendered price of $63,280.00 (including HST) as calculated based upon estimated quantities; and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16.3 Contract No. 2013 -1: Milford Sewer Separation Phase II On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -149: Contract No. 2013 -1: Milford Sewer Separation Phase II: Contract No. 2013 -1: Milford Sewer Separation Phase II be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $1,198,974.07 (including HST) as calculated based upon estimated quantities; and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents; and, 2. Council approve the reallocation of $210,000 surplus funding from this project (Milford Sewer Separation Phase II) to the Cottage Hill Zone Watermain Project; and, 3. Council approve the reallocation of $210,000 surplus funding from this project (Milford Sewer Separation Phase II) to the Fairville Boulevard Watermain Project. Question being taken, the motion was carried. 16.4 Loch Lomond Road (Russell Street to Westmorland Road) — Water, Sanitary and Storm Sewer Renewal and Road Reconstruction On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -150: Loch Lomond Road (Russell Street to Westmorland Road) — Water, Sanitary and Storm Sewer Renewal and Road Reconstruction: a) The tendered price of $2,314,176.72 (including HST) as calculated based upon estimated quantities from the low compliant Tenderer Dexter Construction for Contract 13 -0161 One Mile Interchange — Phase 4 Kanes Corner and Final Connections Volume 2 — Loch Lomond Road Water, Sanitary and Storm Sewer Main Renewal and Road Reconstruction be accepted; b) Council authorize staff to notify the Province of this acceptance and approve the awarding of the work contained in Volume 2 of Contract 13 -0161 by the Province at the tendered price of $2,314,176.72 (including HST) as calculated based upon estimated quantities; c) Council rescind the portion of the resolution identified as item a) part 9 from M &C 2013 -97 which was passed on May 13, 2013; d) Council approve the reallocation of $300,000 surplus funding from this project (Loch Lomond Road (Russell Street to Westmorland Road) — Water, Sanitary N 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 2, 2013/LE 2 JUILLET 2013 and Storm Sewer Renewal and Road Reconstruction) to the Millidgeville Storm Water Detention Pond Project; e) The City Solicitor's Office be directed in conjunction with the solicitors from the Department of Justice and Attorney General to prepare all necessary documents for the assignment of the work contained in Volume 2 of Contract 13 -1616; and, f) The Mayor and Common Clerk be authorized to sign the assignment of contract or any other required document. Question being taken, the motion was carried. 16.5 Letter from J. Campbell regarding Fundraiser for Mispec Beach On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the letter from J. Campbell regarding a change in date for the fundraiser for Mispec Beach be referred to the City Manager to confirm the appropriateness of the proposed date. Question being taken, the motion was carried. 16.6 Fundy Region Services Commission (Mayor Norton) On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Common Council hear a presentation from a Regional Landfill representative and that the letter be referred to the Nominating Committee for the purpose of appointing an alternate representative on a committee working on the new solid waste strategy for the region. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Committee of the Whole: Department of Fisheries and Oceans ( "DFO ") Lease On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the Committee of the Whole, having met on July 2, 2013, Common Council approve the execution of the lease agreement with the appropriate terms and conditions as follows: a) To approve the submitted text of the Lease Agreement between The City of Saint John and Her Majesty the Queen in right of Canada, as represented by the Minister of Fisheries and Oceans, the text of which accompanies the General Manager of the Saint John Development Corporation correspondence in this matter to Committee of the Whole, dated June 25, 2013; and b) That the Mayor and Common Clerk be authorized to execute the Lease Agreement. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that the Common Council meeting of July 2, 2013 be adjourned. Question being taken, the motion was carried. The Deputy Mayor declared the meeting adjourned at 9:00 p.m. 9 97- COMMON COUNCIL /CONSEIL COMMUNAL JULY 2, 2013/LE 2 JUILLET 2013 Deputy Mayor / mairesse suppleante Common Clerk / greffier communal 10 M &C -2013- 164 July 22, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: DIGITAL MAP FILES SHARING AGREEMENT WITH THE NEW BRUNSWICK DEPARTMENT OF NATURAL RESOURCES BACKGROUND Ralf 'i City of Saint John As part of the provincial Wetlands Area Mapping Verification and Improvement Project, municipalities and regional service commissions have been asked to verify the wetlands that have been identified in provincial digital map files and flag any errors or omissions. This should result in better wetlands mapping, which will benefit all citizens of New Brunswick. The Department of Natural Resources has asked that participants sign a standard digital map file sharing agreement stating that the data being provided will not be redistributed without the New Brunswick Department of Natural Resources' prior approval. INPUT FROM OTHER DEPARTMENTS The City's Legal Department has reviewed the agreement. RECOMMENDATION Your City Manager recommends that the City enter into a Digital Map Files Sharing Agreement generally in the form as attached to this M &C Report No. 2013 -164 with the New Brunswick Department of Natural Resources and that the Mayor and Common Clerk be authorized to execute the said agreement on the City's behalf. Respectfully submitted, Amy Poffenr , P. Eng., MBA Acting Commissioner Growth & Community Development Services 11 J. Patrick Woods, CGA City Manager New Brunswick Department of Natural Resources Digital Map Files Sharing of Distribution Agreement General 1.1 The User of the digital files is: Name: 777- e; Address: / S 1.2 Description of digital map files: DNR Wetland; DNR Forest_ Wetland; SNB_Swamp; Wetland_9302; NB—Peat; WAM; DNR Waterbody; DNR_NonForest; DNR Forest Format: Arc Map shape file format Extent: subsets of these layers have been created by DELG for City boundary extent only Media: Provided to city in both ArcMap Package and shape files. Date delivered: 1.3 Description of the use of the digital map files: Wetland Area Mapping Verification and Improvement Project in cooperation with the Department of Environment and Local Government 2. Ownership 2.1 The New Brunswick Department of Natural Resources will retain sole ownership and copyright to the digital map files. 2.2 The User shall have the perpetual, non - exclusive right to use the digital map files for the purpose described above in section 1.3, subject however to the restrictions and conditions herein set forth, and in the case of a corporation, this right shall not extend to affiliates of the User as defined in the Business Corporations Act, R.S.N.B. 1973, Chapter B -9.1, 2.3 The User shall have the perpetual, non - exclusive right to create value added products from the digital map files. 2.4 The User may not give, loan, lease, sell, copy, publish, distribute ci otherwise make the digital map files available to any other party without negotiating a licensing agreement with the New Brunswick Department of Natural Resources. 2.5 The User may not give, loan, lease, sell, copy, publish, distribute or otherwise make the digital map files available as part of a value added product to any other party without first negotiating a licensing agreement with the New Brunswick Department of Natural Resources. 2.6 The User shall not use the digital map files for purposes other than those stated in section 1.3, without first having obtained the written approval of the New Brunswick Department of Natural Resources. 3. Limited Warranty 3,1 The digital map files are licensed as is, subject to no warranties or representations, either express or implied, and if the media is defective the User may return it within 30 days of the date of delivery and the New Brunswick Department of Natural Resources shall replace it at no charge. 3.2 While the digital map files may not be free from error or omission, care has been taken to ensure the best possible quality, The digital map files are a graphical representation of land related features which approximates the size, configuration and locdtbn of features. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. 3.3 The New Brunswick Department of Natural Resources shall not be liable for any loss or damage of any kind including personal injury or death, or economic loss arising from the use of the digital map files or accompanying written materials or from errors, deficiencies or faults therein, whether such damage is caused by negligence or otherwise. 4. Assignment 4.1 This agreement or any rights arising hereunder shall not be assigned by the User either in whole or in part, without the prior written consent of the New Brunswick Department of Natural Resources. 4.2 If the User undergoes a change in either ownership or organization, this agreement will automatically become null and void, and the license conferred on the User hereunder shall terminate. 6. Entire Agreement 5.1 This Agreement is the entire agreement between the parties and supersedes all previous agreements, arrangements, or understandings between the Parties hereto whether written or oral, in connection with or incidental to the digital map files. 6. Time is of the essence 6.1 Time shall be of the essence of this Agreement. Interpretation 7.1 It is hereby agreed that where the context requires, words in the singular include the plural, and words in the plural include the singular, and words imparting the masculine gender include the feminine and neuter genders. 8. Law of the Contract 8.1 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 the Province of New Brunswick. Within 10 business days of receiving this agreement, a signed copy is to be returned and addressed to: Manager GIS Information Services and Systems Branch Department of Natural Resources PO Box 6000 Fredericton, NB E313 5H1 The above conditions are agreed to: Signature (user) Date Signature (user) Date 13 Statement of revenue and expenses The City of Saint John Saint John Trade and Convention Centre December 31, 2012 14 The City of Saint John Saint John Trade and Convention Centre Contents Page Independent auditors' report on the statement of revenue and expenses 1_2 Statement of revenue and expenses Notes to the financial information 15 4 -5 Grant Thornton LLP Suite 1100 Brunswick Square Office Tower 1 Germain Street Saint Independent auditors' report on the F21- 4V1hn,N6 T +1 506 634 2900 statement of revenue and expenses www.Grww.Gr 6344569 antThornlon.ca To the Mayor and Common Council of The City of Saint John We have audited the accompanying statement of revenue and expenses of The City of Saint John — Saint John Trade and Convention Centre (the Centre) for the year ended December 31, 2012 and other explanatory information (together the financial information). The financial information has been prepared by management using the basis of accounting described in note 2 of this financial information. Management's responsibility for the financial information Management is responsible for the preparation and fair presentation of this financial information in accordance with the requirements of the management agreement with Hilton Canada Co. as amended September 22, 2004, referred to in note 2 of this financial information, and for such internal control as management determines is necessary to enable the preparation of the financial information that is free from material misstatement, whether due to fraud or error. Auditors' responsibility Our responsibility is to express an opinion on the financial information based on our audit. We conducted our audit in accordance with Canadian Generally 14ccapted.Auditing Standards. Those standards require that we comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial information is free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial information. The procedures selected depend on the auditors judgment, including the assessment of the risks of material misstatement of the financial information, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial information in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates, if any, made by management, as well as evaluating the overall presentation of the financial information. \We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis fox our audit opinion. 16 Opinion In our opinion, the financial information presents fairly, in all material respects, the results of the operations of the Centre for the year ended December 31, 2012, in accordance with the management agreement as amended September 22, 2004, referred to in note 2 of this financial information. Basis of accounting Without modifying our opinion, we draw attention to note 2 to the financial information, which describes the basis of accounting. The financial information is prepared to provide information to the Mayor and Common Council of the City of Saint John. As a result, the financial information may not be suitable for another purpose. Saint John, New Brunswick 2013 Chartered Accountants 2 17 The City of Saint John Saint John Trade and Convention Centre Statement of revenue and expenses Year ended December 31 2012 Operating expenses not paid directly by (unaudited) the Centre 2012 2012 2011 Real estate tax Budcaet Actual Actual Revenue (note 1) 176,477 176,073 170,931 Commissions on food and beverage 47,672 39,616 39,315 sales and sundry revenue $ 163,771 $ 237,003 $ 133,447 Room rental 193,800 140,930 157.090 Total expenses 357,571 377,933 290.537 Direct expenses $ (833,43 $ 814,027) $ (846,168) Laundry 18,600 24,089 18,479 Operating equipment and uniforms 6,195 4,416 1,357 Supplies 19,100 16,712 26,579 Wages and benefits 193,062 183,265 201,439 236.957 228,482 247,854 120.614 149,451 42,683 Overhead expenses Advertising and promotion 22,769 19,549 14,796 Bank charges 180 1 45 Cleaning and maintenance 30,480 21,778 26,730 Dues and subscriptions 3,000 1,595 5,911 Entertainment 1,825 1,444 Equipment rental 14,700 11,131 10,002 Garbage removal 11,400 11,972 11,484 Insurance 600 - Legal and audit 9,000 26,962 14,870 Licenses 1,824 5,008 4,755 Gas 4,860 4,888 2,104 Miscellaneous 4,060 6,715 12,019 Outside services 13,200 22,227 16,879 Postage, printing and stationery 5,780 8,286 13,455 Salaries and benefits 382,369 387,114 342,892 Telecommunication 13,200 12,318 12,421 Travel and training 8,750 9,828 8,513 Water heating charges 1.140 2,058 95 529,137 552,874 496.781 Operating deficit for the year (408.523) (403,423) (454,098) Operating expenses not paid directly by the Centre Real estate tax 90,767 89,368 86,445 Management fee 176,477 176,073 170,931 Electricity 47,672 39,616 39,315 HVAC utility /maintenance 110,000 105.547 95,379 424,916 410.604 392,070 Total expenses 1,191,010 _1,191,960 1,136.705 Total deficit for the year $ (833,43 $ 814,027) $ (846,168) Approved by Mayor See accompanying notes to the financial information. 18 Councillor 3 The City of Saint John Saint John Trade and Convention Centre Notes to the financial information December 31, 2012 1. Revenue Under the terms of the management agreement dated June 1,'1984, with amendment dated September 22, 2004, Hilton Canada Co. pays to the Centre a percentage of gross revenue for food and beverage with cost of sales, including product and labour costs, being the responsibility of Hilton Canada Co. The Centre is responsible for all other operating costs. 2. Management agreement— Saint John Trade and Convention Centre This financial information has been prepared in accordance with the provisions of the management agreement between the City of Saint John (the City) and Hilton Canada Co. The Centre is leased by the City and managed by Hilton Canada Co. under an amended agreement dated September 22, 2004. The original agreement dated June 1, 1984, had a 20 year term with options to renew for three consecutive 10 year periods. Two 10 year renewal periods remain. According to the terms of this agreement, the City is responsible for the operating loss of the Centre. In addition to the operating loss under this agreement, the City incurs common area costs and management fees which are reflected in the general operating fund of the City. With the establishment of the Greater Saint John Regional Facilities Commission in 1998, operating deficits, management fees and property taxes included in common area costs are shared with the municipalities making up the Greater Saint John Regional Facilities Commission. These costs are allocated in proportion to the tax bases of the municipalities. 3. Recording of assets and liabilities The City's investment in the structure and related equipment, furnishings and fixtures is reported on the capital and loan fund balance sheet of the City. The City of Saint John Saint John Trade and Convention Centre Notes to the financial information December 31, 2012 4. Due to (from) the City Operating bank account 2012 2011 Working capital advanced by the City 98,691 (51,703) Current year $ 414,106 $ 403,874 Prior years balance 019,393) 69 169 294,713 334,705 Less: operating deficit for the year 403.423 454.098 Due from the City $ (108,710) $ 119,393) The amount due to (from) the City is represented by Operating bank account $ 19,090 $ 115,049 Trade and capital accounts payable 98,691 (51,703) Consulting fees receivable from the City - 170,793 Prepaid expenses 1,484 2,219 119,265 236,358 Less, trade accounts payable 227,975 355,751 $ (108,710) $ 119,393) 5. Greater Saint John Regional Facilities Commission Act Under the regional Greater:SaintJohn Regional Facilities Commission Act, pursuant to 87(2)(a) of the Municipalities Act, councils of the participating communities of Grand Bay Westfield, Quispamsis, Rothesay. and Saint John are required to pay contributions towards the operation of regional facilities, which include the Centre. The amount of contribution is calculated on the net operating cost for each facility covered under the Municipalities Act, in proportion to the tax base of the contributing community. '1 KIC M &C -2013 163 July 22, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 142 Harrington Street and 304 Westmorland Road BACKGROUND: City of Saint John As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following applications have been received. Name of Location Existing Proposed Reason Applicant one Zone Stepping Stones 142 Harrington "13-l" Sec. 39 To amend or Fundy Region Street delete the Inc. conditions that require the development of a parking area in the rear yard Hughes Surveys 344 Westmorland "RS -2" & Consultants Road Inc. (for Saint John Energy) RECOMMENDATION: "SZ -28" To permit an access road to an electrical sub- station That Common Council schedule the public hearing for the rezoning and Section 39 amendment applications of Stepping Stones Fundy Region Inc. (142 Harrington Street) and Hughes Surveys & Consultants Inc. (304 Westmorland Road) for 21 M & C — 2013 — 163 - 2 - July 22, 2013 Tuesday, September 3, 2013 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, Amy Poffenroth, Eng., MBA Acting Commissioner Grom -th and Community Development Services J. Patrick Woods, CGA City Manager 22 REPORT TO COMMON COUNCIL July 24, 2013 Mayor Mel Norton and Members of Common Council >a, Your Worship and Members of Council: The city of saint John SUBJECT: Designation of "head" of the City of Saint John under the Right to Information and Protection of Privacy Act (RTIPPA). BACKGROUND: RTIPPA came into force on September 1st, 2010, and came to be applied to public bodies in three distinct phases. Municipalities became subject to the Act in the third phase in the fall of 2012. Local boards followed shortly thereafter and came under the Act in the spring of 2013. RESOURCE REQUIREMENTS: No additional resource requirements will be incurred as a consequence of this designation. ANALYSIS: Municipalities must name a "head" under the Act and this designation should be done by way of a resolution. Generally speaking, the "head" is responsible for all decisions and actions under RTIPPA. The main duties of the "head" would, however, include the following: • making decisions about granting or denying access requests and signing response letters; • deciding when extensions to response times are necessary; • providing formal notice to third parties and hearing responses; • monitoring overall performance under RTIPPA; • ensuring that personal information is managed as required under RTIPPA; and • dealing with the Office of the Access to Information and Privacy Commissioner on complaint investigations, privacy investigations and audits. In addition, the "head" would have the power to delegate to any person on staff any duty or power of the "head" other than the power to delegate. INPUT FROM OTHER SOURCES: The Common Clerk, City Solicitor and City Manager have been consulted and are supportive of this designation. RECOMMENDATION: In view of the foregoing, I propose the following language for a resolution of Common Council: RESOLVED that David Burke, while occupying the position of Access & Privacy Officer, is hereby designated to serve as "head" as that term is defined in the Right to Information and Protection of Privacy Act to the extent the said Act applies to municipalities in the Province. Respectfully subrr)Wed, /I .Jonathan Taylor' Common Clerk City of Saint John a Woods CftyManager City of Saint John 23 REPORT TO COMMON COUNCIL M & C 2013-165 July 23, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: CONTRACT 2012 -16: STATION STREET (SEWELL STREET TO CIVIC #130) — COMBINED SEWER SEPARATION BACKGROUND The City of Saint john The approved 2013 Water & Sewerage Utility Fund Capital Program includes project funding for the separation of the existing combined sewer system on Station Street from Sewell Street to Civic #130. TENDER RESULTS Tenders closed on July 23, 2013 with the following results, including HST: 1) Terraex Inc., Saint John $227,943.60 2) Galbraith Construction Ltd., Saint John $286,599.64 3) Gulf Operators Ltd., Saint John $320,229.57 4) Falls Construction Ltd., Grand Falls $475,106.47 The Engineer's estimate for the work was $255,000.00, including HST. ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects with the exception of the tender submitted by Gulf Operators Ltd. The tender from Gulf Operators Ltd. contained an arithmetic error that required correction. The error was corrected in accordance with Division 2 — Instructions to Tenderers and Tendering Procedures, Section 2.11(s) (i) and the corrected tender result is reported above. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work and recommend acceptance of their tender. 24 M & C 2013 -165 July 23, 2013 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2013 Water and Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor, City forces and others. The analysis is as follows: Budget $300,000.00 Project Net Cost $260,000.00 Variance (Surplus) $ 40,000.00 POLICY – TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2012 -16: Station Street (Sewell Street to Civic #130) – Combined Sewer Separation, be awarded to the low tenderer, Terraex Inc., at the tendered price of $227,943.60 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, lz—x�-- Kevin O'Brien, P. Eng. Municipal Engineer Wm. Edwaryl P. E n g Commissioner Transportation and Environment 25 Brian Keenan, P. Eng. Engineering Manager J. P tuck Woods, CGA City anager REPORT TO COMMON COUNCIL M &C2013 -162 July 17, 2013 His Worship Mayor Mel Norton & Members of Common Council Your Worship and Members of Council: SUBJECT: CONTRACT NO. 2013-20: MICRO SURFACING - 2013 BACKGROUND 71nI The City of Saint John The 2013 General Fund Operating Budget for Transportation and Environment Services includes a provision for the Micro Surfacing of McAllister Drive between Rothesay Avenue and Loch Lomond Road. Micro Surfacing is a thin layer of asphalt emulsion with special aggregates applied to structurally sound asphalt surfaces to preserve and extend their service life. This surface treatment is relatively new to Saint John; it however is widely used by other municipalities and has been proven to be an effective preventative maintenance activity. This work consists generally of the supply of all necessary labour, materials and equipment for the placement of approximately 44,829 square meters of Micro Surfacing surface treatment including scratch coat and seal course. TENDER RESULTS Tenders closed on July 17, 2013, with the following results: 1. Industrial Cold Milling Ltd., Moncton, N.B. $ 371,351.84 2. Dexter Construction Company Limited., Saint John N.B. $ 355,648.24 The Engineer's estimate for the work was $395,000.00 26 M &C2013 -162 July 17, 2013 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS This contract involves work that is to be charged to the 2013 General Fund Operating Budget. Assuming award of this contract to the low tenderer, the following analysis has been completed. Approved budget 2013 $350,000.00 Low tender net cost $325,500.00 Variance (surplus) $24,500.00 POLICY CONFORMANCE The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2013 -20: Micro Surfacing - 2013, be awarded to the low tenderer, Dexter Construction Company Limited, at the tendered price of $355,648.24 (including HST) as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Rod Mahaney C.E.T. Engineering Technologist Wm. Edwards, P. Eng. Commissioner Transportation and Environment 27 R. Kevin Rice B. Sc., CET Deputy Commissioner J. Patrick Woods, CGA City Manager MAIN STREET July 9, 2013 Saint John Common Council Common Clerk's Office City Hall, P. 0. Box 1971 Saint John, N. B. E21- 41-1 Mayor and Council: RECEIVED COMMON CLERK'S OFFICE JUL 1.2 2013 CITY OF SAINT JOHN BAPTIST CHURCH I am writing to you with a request on behalf of a partnership group that has formed to build a playground adjacent to the North End Community Centre (future Nick Nicolle Community Centre) on land presently owned by Main Street Baptist Church. Main Street will soon be turning over possession of the land it owns at the corner of Durham Street and Victoria Street (presently a parking lot) to ONE Change for the express purpose of building a playground for the benefit of the Old North End. To that end, a partnership group comprised of Main Street, ONE Change, Kiwanis, and others, has come together to design, cost out, and raise funds, with hopes of building the playground by Spring 2014. While developing our plans, we became aware of the fact that the city owns an easement right beside the Main Street property, paralleling Victoria Street. The easement forms an alley way between the houses fronting onto Victoria Street and Metcalf Street. Pictures of what this easement looks like are provided with this letter. It is clear from the pictures that the easement is not used by the city for any purpose, but has, rather, become a storage area for neighbourhood junk. Our partnership group is requesting therefore that this easement, which is presently not used by the city, be included in our playground plans. To do so, would allow us to expand the green space surrounding the playground, or to add other features, such as a recycling depot, for the benefit of the neighbourhood. Thank you for giving this request careful consideration. We hope that you will look favourably upon it, and decide to support this project. With Respect, John P. Knight Community Outreach Pastor Main Street Baptist Church 28 wt W 31 32 33 34 J��(Y DIgH�l i Q� O � c n c INC. C • City Market - 47 Charlotte Street • 3rd Floor - Saint John • NB • E2L 21-18 Tel (506) 634 -3088 - Fax (506) 634 -6080 • E -mail sjprude @nb.aibn.com - www.prudeinc.org COMMON CLERK'S OFFICE JUL 12 2013 July 9', 2013 CITY OF SAINT JOHN Mayor Mel Norton and Council of the City of Saint John Your Worship Mayor Mel Norton: Re: The Honouring of Vincent Churchill ( Manny) McIntire I am writing on behalf of the planning committee for the " Manny McIntyre Memorial Dinner ", to honour one of New Brunswick's finest athletes. This event is sponsored by Prude Inc. ( Pride of Race, Unity, Dignity, Through Education ) of Saint John and the New Brunswick Black History Society. The dinner will be held at the Trade and Convention Centre, in Saint John N.B., on October 19'',2013, beginning with a reception at 5:30 p.m. Manny was born in Gagetown and was raised in Devon ( Fredericton North ) from a young age. As you read the enclosed information pamphlet you will see the varied professional sports life Mr. McIntyre enjoyed. Although he is in several sports halls of fame, Manny never received a public recognition or a proper "thank you "and it is important that we do it now. Even though Manny has passed on, an event such as this will enable his family and the public to remember and appreciate Manny's contributions to New Brunswick's sports history. The Lieutenant Governor of New Brunswick, the Honourable Graydon Nicholas, will be in attendance as will Mr. McIntyre's son, Manny Jr., and Bernice Carnegie, a daughter of one of the Carnegie Brothers of the famous "Noir Line ". Please see enclosed program of the evening which will also include a video of Manny's career. We request also that Your Worship bring greetings from the city during the evening and also if possible, help out our effort by purchasing a table of eight for $560.00. This dinner is a fund raiser with all profits realized in making sure Prude Inc. continues its programs of inclusivity, harmony, and diversity in our area. Also, we will be able to help the N.B. Black History Society build its story throughout our province. 35 We thank you in advance for your support of this very important event and we look forward to hearing from you soon. Ralph Thomas Co -Chair of the Planning Committee The Vincent Churchill " Manny " McIntyre Dinner encl: 4 About PRUDE Inc. PRUDE was incorporated in the City of Saint John, New Brunswick, in 1981. The organization is dedicated to the full participation of all cultural communities in the social, cultural, and economic fabric of mainstream New Brunswick life. PRUDE Inc. envisions a New Brunswick where various ethnic and cultural groups work together to build on each other's strengths. The communication and understanding stemming from these connections will position New Brunswick as a choice destination for all Canadians and other ethno - cultural groups. Already a great place to live, with these hopes realized, New Brunswick could become the epitome of multicultural success in Canada. PRUDE Inc. is open to all who support this message, regardless of ethnicity, religion, age or gender. PRUDE Inc. works to sustain an environment of diversity, equality, respect and inclusiveness through its awareness programs. PRUDE Inc. 47 Charlotte Street, 3rd floor Saint John, NB E2L 2118 Tel: (506) 634 -3088 Fax: (506) 634 -6080 E -mail: sjprude @nb.aibn.com www.prudeinc.org Special Celebrations Black History Month February Elimination of Racial Discrimination Day March 21St World Refugee Day June 27`h Multicultural Day June 27`h PRUDE Inc. is a non - profit and charitable organization that is governed by an elected Board of Directors. PRUDE is a member of the New Brunswick Multicultural Council and the Saint John Board of Trade. Partners Citizenship and Citoyennet6 et Immigration C07da immigration Canada Pride of I Q � o a 1L .- G Race, w a Unity, i�� QRUDF �o� INC. Dignity • • Education Creating an environment of diversity, equality and inclusiveness for visible minorities, newcomers, and all citizens of the Saint John area since 1981 "runs "wick B SAINT JOHN 'j Status of Women Condition feminine Canada Canada Citizenship and Citoyennet6 et Immigration C07da immigration Canada Pride of I Q � o a 1L .- G Race, w a Unity, i�� QRUDF �o� INC. Dignity • • Education Creating an environment of diversity, equality and inclusiveness for visible minorities, newcomers, and all citizens of the Saint John area since 1981 Programs and Services COME TOGETHER The Canadian Way This free program offered by PRUDE Inc. to newcomer women of all ethno - cultural backgrounds. Women are invited to learn, to share, and to celebrate "The Canadian Way ". Our activities are planned to educate and prepare newcomer women for their life in Canadian society and to encourage a social network between newcomer women and Canadian women in our community. Activities include: English Conversation (beginner and intermediate levels) to practice English with Canadian volunteers; cultural exchange topics to share each others' customs and celebrations; Active Listening to practice listening and building vocabulary by learning more about Canada with That's Very Canadian, and a series of topics on "how we say it" and "how we do it" the Canadian Way; Living in Canada is a series of community presentations and a focus on pronunciation and reading; and our Creative Monthly Workshop continues to celebrate a Canadian custom or event. Computer Access Center Located on the 4th floor, the center is open to members and the general public for computer training, to access online services, conduct online job search, surf the Web, etc. Mentorship Program The new PRUDE Inc. Mentorship Program offers newcomer and multicultural women and girls (mentees) the opportunity to learn about their community, to develop new relationships and increase their self - confidence and communication skills. A mentee will be matched with a mentor who shares common interests. The mentor will help the mentee learn about her new community and ways to participate in it and also share Canadian culture. No pressure, this is not an English language class, just an opportunity to practice what you know with someone who shares similar interests. Black Heritage Reference Material Collection Memorabilia, photographs, and articles that speak to the rich historical significance and contributions of African - Canadians in the city of Saint John, and the province of New Brunswick are stored on site. Black Settlement Burial Grounds A parcel of land in Willow Grove was donated to PRUDE Inc. which contains a black burial ground dating back to the late 1700's. A three cross sculpture on the site (created and donated by W. (Victor) Wojcik) is a beacon to symbolize the struggle of all peoples. EvSW year volunteers are involved for periodic maintenance and repair. Public Education & Awareness Initiatives PRUDE Inc. offers a variety of cultural awareness workshops including Respecting Differences: Challenging Our Assumptions & Examining Stereotypes, cultural diversity in the workplace, Black History presentations, and arranges several yearly gatherings celebrating and sharing cultural diversity. Our efforts to enhance cultural awareness and pro - inclusion currently take place in the school system, community organizations, businesses, and various public institutions, to name but a few. School Presentations & Workshops Accepting Differences: Challenging Our Assumptions & Examining Stereotypes This project targets youth in the Anglophone South District in an effort to Ul"a"I.146 shape their attitudes and Source: f l.k -1-1 Association of Fredericton lives, and help them develop into sensitized, productive, inclusive, and community minded adults. Students will discuss commonly held assumptions and the resulting actions, as well as different cultural practices and history. This will help them develop a better understanding of the value of our diverse Canadian society and the role they play in it. For more information contact PRUDE Inc: Tel: (506) 634 -7629 or E -mail: s.mcaulay@bellaliant.com "In our formative years, the Porcupine Mines Senior Hockey League in our small mining community had deep meaning and was highly competitive, especially those Saturday night games during the play -offs. Even at the tender age of 7 and 8 years, the Senior League players were our heroes, and none more so than "the coloured line" of the Buffalo Ankerite Bisons in that special '41- '42 season, I think it was! The two Carnegie's and Manny McIntyre played the game the way it should be played, with speed, skill and finesse. Their exciting, high tempo style of play instilled in me a passion for the game that remained with me the rest of my life -- wonderful memories of great players on a team that went on to challenge for the Alan Cup. " J. Murray Costello Past President, Hockey Canada Past rice- President, International Ice Hockey Federation CITY MARKET, 47 CHARLOTTE STREET • 3RD FLOOR - SAINT JOHN, NB • E21, 2H8 TEL (506) 634 -3088 • FAX (506) 634 -6080 • E-MAIL SJPRUDE@NB.AIBN.COM • W W W.PRUDEINC.ORG NEW BRUNSWICK BLACK HISTORY SOCIETY 1.9 OCTOBER 2013 SAINT JOHN TRADE & CONVENTION CENTRE 1 MARKET SQUARE, SAINT JOHN, NB, E2L 4Z6 A MEMORIAL DINNER IN HONOUR OF NEW BRUNSWICK SPORTS HALL OF FAMER VINCENT CHURCHILL °MANNY" MCINTYRE 1918 -2011 MANNY was born in Gagetown, New Brunswick and raised in Devon on the north side of Fredericton. He married Rita Vigneault of Montreal in 1955 at the Andover Baptist church and had three children with her - Manny Jr, Marlene and Robert and three grandsons Michael, Matthew and Valentino. Manny was an exceptional athlete, accomplished in both hockey and baseball. He was considered a kind, gentle and generous man, but a fierce competitor. Most of all, he was a hard worker and dedicated family man. It was conceded by their peers that Manny and his linemates, Herbie and Ozzie Carnegie, who formed the Sherbrooke Saints famous "Les Noirs ", the first all black line in professional hockey, could have played on any team in the N.H.L. except for the colour barrier. Thru the 40's, Manny and the Carnegies dominated the scoring stats of the Quebec Senior League considered to be one step away from the N.H.L. One night the trio led Sherbrooke to a 4 -2 exhibition win over the Montreal Canadians squad featuring hockey legends Rocket Richard, Toe Blake and Elmer Lach. Manny played baseball in N.B., N.S, and Quebec and consistently batted above .300 with a high of .385 with the Halifax Shipyards in 1943. That same year he led the playoffs with a.448 average. In 1944 Manny was voted the most popular player in the Nova Scotia Senior Baseball League. HOCKEY CAREER • Learned to skate and play hockey on ponds, lakes and on the St. John River • 1938 -39 - Fredericton Capitals, Southern and Eastern Champions for Atlantic Canada • 1939 -40 - Truro Bearcats, Maritime Senior Hockey League (MSHL) • Buffalo Ankerites, Timmins -- Advanced to the Alan Cup Finals. Manny lost parts of two fingers working in the mine; returned for the playoffs. First season for the "Coloured Line" • 1940 -41 - Shawinigan Falls Cataracts. Quebec Senior Hockey League (QSHL) • 1941 -45 - Sherbrooke Rand, QSHL • 194647 - Club de Paris. Ozzie Carnegie and Manny played one season in France for club owned by Charles Ritz, Hotel Magnet • 194748 - Sherbrooke Rand (Last season of the "Coloured Line ") • 1949 -50 - Truro Bearcats, MSHL • 1950 -51- Moncton Hawks, MSHL • 1951 -52 Saint John Beavers, MSHL • 1952 -53 - Finished career in Dolbeau, Northern Quebec League • Note: Enlisted in Canadian Army, played hockey and discharged as he was "flat footed" While playing for the Sherbrooke Rand in the Quebec Senior League, the line dominated the league and all three consistently were among the top 10 scorers. In support of Manny's submission to the New Brunswick Sports Hall of Fame, Red Storey, the famous QSHL and NHL referee, wrote, "The Coloured Line, as a line, could have played on any team, any time, anywhere." 40 BASEBALL CAREER • Manny is best known as a member of the famous "Coloured Line" with Herb and Ozzie Carnegie, but he also made his mark in baseball. • 1937 -38 - Fredericton High School, Maritime High School Champions • 1939 - Devon Tigers, NB Chapmpions, Maritime Finalists • 1940 - Truro Bearcats, Pictou County Senior League • 1943 -46 - Halifax Shipyards, NS Senior League • 1943 - Batted .385 during season and .448 in the playoffs • 1944 - MVP, first team all -star and most popular player in the league • 1947 - Signed Professional Baseball Contract with the St. Louis Cardinals organization, first black man in Canada, sixth in North America. • 1947 - Sherbrooke Canadians - Class C Border League. Played only 32 games. Left because of the racism and silence of his all-white teammates off the field. • 1946 - Played Exhibition game with the New York Cubans at Yankee Stadium. • Touted as "surfire" to make the majors by major league scout • Positions - second base, short stop and pitcher RECOGNITION • New Brunswick Sports Hall of Fame • City of Fredericton Sports Wall of Fame • New Brunswick Baseball Hall of Fame • Oromocto Wall of Fame WORK AFTER HOCKEY • Porter, CNR • Red Cap and Supervisor, Dorval Airport • Parking Lot Attendant ai Supervisor, McGill Unit (JPEG Image, 794 x 1275 pixels) - Scaled (60 %) https:// mail -atta chment. googleusercontent .com /attachment/ ?ui= 2 &ik =ad... MCINTYRE MEMORIAL DINNER Trade & Convention Centre, Saint)ohn, NB October 19, 2013 Doors & Bar Open — Social Hour Procession ofLieutenant Governor & Speakers Dinner and Proceedings Welcome: David Peters President, New Brunswick Black History Society Comments: John Lutz MC: Vaughn Blaney O'Canada Toast to the Queen: Peter McIntyre Blessing of Meal Greetings: Mayor of Saint John Greetings from Province of New Brunswick. Honourable Trevor Holder Manny McIntyre Jr. Honourable Percy Paris, MLA, Nova Scotia Jimmy Fox (Baseball) Hal Davidson (Hockey) His Honour, Graydon Nicholas, Lieutenant Governor of New Brunswick Concluding Remarks: Ralph Thomas President, PRUDE Inc. Special Guest: Bernice Carnegie, Toronto, Ontario, daughter ofHerb Carnegie, member of the famous "Coloured Line" with Manny and his brother Ozzie. Sponsored by: PRUDE Inc and New Brunswick Black History Society .... 41 of 1 7/5/2013 11:36 PM City Market • 47 Charlotte Street - 3rd Floor • Saint John • NB - E21L 2H8 Tel (506) 634 -3088 • Fax (506) 634 -6080 - E -mail sjprude @nb.aibn.com - www.prudeinc.org �► ar rr �r MCINTYRE MEMORIAL PROGRAM BOOK AD PRICES: BACK COVER $ 1000,00 INSIDE COVERS $500.00 FULL PAGE $ 300.00 1/2 PAGE $ 150.00 1/4 PAGE or (Business Card Size) $ 100.00 For further information, contact Ralph Thomas Tel: (h) (506) 632 -3995 Tel: (506) 647 -5489 Tel: (w) (506) 631 -9120 Email: ralphthoms09 rnail_cQm Mailing address: 231 Princess Street Saint John, NB E2L 1L2 TI CKETS FOR THE DI NNER ________$ 70.00 Each 42 Working Together For A Better Saint John SAINT JOHN TRANSIT 43 Saint John Parking Commission Commission sur le stationnement de Saint John Transit Service o Provides the community with a safe, affordable and environmentally - friendly public transportation option that supports full inclusion for all citizens and economic activity. 44 Parking Service o Provides the community with a balanced system of parking that is a key component of Saint John's transportation infrastructure while also working towards the increased use of transit, carpooling, walking and biking, and the decreased number of surface parking lots. Saint John Parking Commission Act o "The Commission shall exist for the purpose of conducting the necessary activity to maintain current data leading to the efficient operation of both street and off - street parking facilities, for the fulfillment of public needs in relation to parking, establishing a permanent co- ordinated system of parking facilities, planning, designing, locating, acquiring, holding, constructing, improving, maintaining and operating, owning, leasing, either in the capacity of lessor or lessee, land, buildings and facilities to be devoted to the parking of vehicles of any kind." 46 The Act also states that... o Fees collected by the SJPC are to be designated "for the purposes of providing for the payment of expenses of the Commission, the purchase of property and the construction, improvement, repair, maintenance and operation of its facilities and properties, the payment of principal and of interest on its obligations, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any such obligations or with the City." 47 Saint John Transit Commission Act o "The objects and powers of the Commission shall be the establishment, development, maintenance and operation of a public transit system." This Act also stipulates the method of Transit operations financing "the City shall be liable for and shall pay to the Commission" the amount of Transit's annual operating loss; and "the City shall have sole responsibility for financing capital expenditures of the Commission, either from City operating revenue or contracting with third parties... ". 49 Annual Budgets Operating &Capital o Parking Commission Budget is approved by Parking Commission (Off - Street Program) o Parking Administration Budget is approved by Common Council (On- Street Program) 50 o Transit Budget is approved by Common Council Financial Considerations Parking Revenue On- Street (meters, fines, etc) Belongs to City 51 Off - Street (daily, monthly fees) Belongs to SJPC Parking Commission — Financial Information (Approximate Annual Totals) Parking Commission Gross Revenue $2,140,000 Expenses $1,790,000 Net Revenue $350,000 52 Parking Administration Gross Revenue Expenses $1,900,000 $560,000 Net Revenue to City $1,340,000 Saint John Transit Financial Information Annual gross revenue (approx): Annual expenses (approx): $ 5,0001000 $ 10,000"000 Annual Cost (approx): $ 5,0001000 The City of Saint John funds Transit for the total amount of the annual cost. 53 Board Composition Parkin 0 7 members o Appointed by Common Council 0 3 year terms (renewable for 1 additional term) o Chair, Vice - Chair, Secretary - Treasurer elected. • Quorum — 5 members • Appointments continue until Council appoints a new member 54 Transit 0 7 members o Appointed by Common Council 3 year terms (renewable for 1 additional term) Chair, Vice -Chair elected o Quorum -4 members 'J Appointments end once term expires State of Current Operations o Regular meetings held together since 2005. (held consecutively on the same day). o Common Council appointed majority of members to both commissions to allow for active participation with Parking & Transit and provide the ability to make informed decisions beneficial to both. o Chair elected is a member of both Parking & Transit 55 Options For Consideration o Maintenance of Independent Commissions — Appointment of separate boards o Maintenance of Independent Commissions — Appointment of common members o Legislative Amalgamation — Separate funding stream for Parking and Transit o Full Legislative Amalgamation 56 Maintain Independent Commissions Separate Boards o Council appoints members to one commission only — Parking or Transit. o General Manager and Staff for each Commission o Separate mandates o Separate financials o No requirement to change legislation o Commissions can work in cooperation with the other at the management level to promote alternate forms of transportation (transit, park and ride, carpooling, biking, etc.) to reduce parking demand and associated operating and capital costs of parking infrastructure. o No formal direct linkage 57 Maintain Independent Commissions Common Members o Council appoints the same individuals to both Transit and Parking Commissions o General Manager and staff for each commission • Separate mandates / separate financials • No requirement to change legislation • Requirement to change council policy concerning appointments of members to both Parking & Transit o Requires co- ordination of terms for members o Joint meetings allow both Commissions to make informed decisions on transportation matters that benefit the City o Currently, both Commission work in cooperation to promote alternate transportation and to reduce parking demand ME Legislative Amalgamation Separate Funding Stream For Each o Creation of a single commission to balance the City's needs for both parking and transit o Manager for each Parking and Transit would still be required o Legislation must be repealed for both Parking and Transit and new legislation drafted that has a mandate that balances the City's need for effective parking and transit policies o Financial reporting would be integrated; however, legislation structured to ensure funding for each area remains separate o Each area undertakes activities for its mandated responsibilities (as set out in legislation) o City of Saint John required funding would have to be determined 59 Full Legislative Amalgamation • Creation of a single commission • General Manager to oversee both Parking & Transit • Manager for each Parking and Transit would be required • New legislation must be enacted with a mandate that reflects the City's need for both parking and transit • Financials (budgets, revenues, expenses, reporting) would be integrated o Amalgamated commission would require City of Saint John funding .e Recommendation: o At the policy level, Transit and Parking should be considered a single unit. o At the operational level, Transit Parking are significant business separate mandates and should operated as separate entities. o Balanced skill set for by Common Council & Transit. 61 and units with be members appointed to serve both Parking Questions? (aussi disponible en frangais) Type of Application ❑ Municipal Plan Amendment ❑ Subdivision ❑ Similar 1 Compatible Use ❑ Zoning By -law Amendment ❑ Variance ❑ Temporary Use Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change / Re- establishment of Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information Name of Applicant \ `t l `) 4 1 r�.' T `, cc� Mailing Address of Applicant (with Postal Code) . P52 k c- \tl- l S -1 t { S 1 V\ A-2 - L) t4,Q,� Home Telephone Number Work Telephone Number 3 -'2 Fax Number E -mail ot(J��f 1 nJ @ SLLLP � c7�� d Cpl Name of Property Owner (if different from applicant) F1 N.) 01-� 1P i- N G I i\s (- L -T Mailing Address (with Postal Code) Property Information L:A234 t1 H `G Location `"(. `5 A S-51-2 5 25 3 6 Civic # Street PID Existing Use of Property L3 Iv0C C-U P Cc. f, i- I (bJ� r Proposed Use of Property j✓jLk lG j Pr4-L LkZ 1?V& �� 1r-3z\l- "TRIAD Existing Plan Designation of Property Proposed Plan Designation of Property Existing Zoning of Property -.L- - ( Proposed Zoning of Property .4, Description of Application Describe what you propose to do (attach additional pages if necessary). c.IT`t ZS FC� 0(:) p S A i'n.UNtC j0AL 6F' KS -0 4.F >e' —/. - b - ra(,C2Ij ,_�vYV`u� i 6 r POP -C-1 4 )-S L + S A L-�- [��cv w� 4.rJ fir1T7h U i -ii:Q a NO C, iii" t46i S ' s c; G UR P'.-.fi� i S t '` 'L UPI, 0 it -r AA.- L_ 14- r Taft S --rr tK k. - NOTE: If the applicant is NOT the owner, the Ownefs signature or authorization (in writing) to submit this application is required. Signature of Applicant Signature of Owner Date Z 3 U tj ri_. �)-& f "'-S Date For Office Use Only Reviewed by Development Officer Information Accompanying Application: ❑ Letter of Intent ❑ Site Plan ❑ Fee Date ❑ Tentative Subdivision Plan ❑ Building Elevations ❑ Other ❑ Floor Plans ❑ Sign Drawings P.O. Box 1971 Saint John, NB Canada E2L4L1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E21411 63 (910 SAINT JOHN A e ; i 98 -1 com4 FgRO��' i 1 f� �f • 1 t SITE PLAN 1954 MANAWAGONiSH ROAD Prepored By; HUGHES SURVEYS as CONSULTANTS LTD. Date; October 08, 1948 10 0 10 20 40 so Scale — 1 : 100D metres IDwg, NO 5984128 Disk No. 9801 ropos Disk No_ 1 98 -412R f D I-1ioi� The Purchaser v3mmn to pure" ase from the vendor and the Vendor agrees to sell to the Purchaser the freehold interest in the Vendor's Lands bearing PIE) N 55125330 upon the f bilowing terms and conditions: Vendor: IFUNDY FUXING LTD. 41 Galbraith Place Saint John, NB f2M 71.3 Attention: Brirn Moore Purchaser: THUCIWio;` S+Jr<7TJOHIL P.©. Box 1971 15 Merket Squ<re Saint John, NB E2L4L1 Attention: Common Clerk Premises: Freehold interest In PID ff 55125330 {hereinafter referred to as the ffLande) Purchase Price: $399,900.00 + MST If applicable Deposit: $10,0".0.00 p€yable upon the adoption of the Common Council Resolution Balance: $389,900.0 on Closing Closing Date: On of before 31 October, 2013. 1. The Vendor shall convey to the Purchaser the unencumbered freehold title In the Lands. 2. The Purchaser may examine the title to the Real Property at Its own e:•!Pense urtil closir..'. If within that time any valid objection to the title to the Lands Is made In writing by the Purchaser to t:-w Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any Intermediate acts or negotlatlons in respect of such objections, be null and void and any deposit shall be returned to the Purchaser without interest. 31 Within five (S) days of the date at which the Common Council of th. qty resolves to enter Into this Agreement, Vendor will provide to Purchaser a copy of all environm r>trl assessment and rernediation information in its possession or control regarding the environmental condition or'the Lands. Pu- chasor shall have sixty (60) days from the day Purchaser receives Vendor's afarementhned environmental Information to satisfy It--IF, In its sole discretion, that the Lands meet applicable provincial environmental regulations for a commercial/light Industrial site. Purchaser shaft have the right, but shall not be obligated to, do its own environmental Investigation of the Lands; and after exerclsirC this right, Purchaser u*ill reinstate the Lands to the condition in which they v.-cre prior to Purchaser exercising said rights. If the Pumhaser does not notify the Vendor that it is satisfied with the 1 65 I 0 AsreftmaM d ?wnft a end 9cle Fundy Fendra Ltd. wed Th* qtr of sOm john condition of the LIInds within 60 days from the day Purchaser recJvcs Vendor's aforementioned environmental Information, then the deposit shall be returned to the Purchaser in full tAftut interest and this Agreement shall be null and vol 1. 4. Upon the Common Council of the City resolvirrb to enter into this Agreement, tft� Vendor shall consent to thu Purchaser applying for a re- toning of the Lands and the Purchaser will promptiV and dii;gentfly apply for € re- zoning of the Lands to allow for Purchase's Intended use o the tends as a Municipal Vkrks Depot. it 1s agreed and understood that the re- zoning application could tz,%e approximately ninety (90) days. If the re- zoning application is rust approved within nlnYty (90) dVys of the date at which Common Council of the City resolved to enter into this agreement, then Purchaser may, upon written notice to Vendor, request an additional period not exceeding thirt;, (30) days to obtain such toning approvals, and the Vendor $hail grant such request. if the zoning application is not approved on or before the expiry of this extended zoning approval period, then the deposit shall be returned to the Purchaser in full without Interest and this Agreement shall be null and void. 5. The Vendor shall, at its sole cost and expense, terminate all leases or other agreements with respect to the Lands such that the Purchaser will have vacant possession of the Real Property on Closing, 6. Should the Purchaser not dose the trcnsaction contemplated herein in accordance with the terms of this l[,reement, any money paid hereunto shall be forfelted to the Vendor by way of liquidated damages and the Vendor shall have no further recourse agalnstthe Purchaser. 7. This offer shall be irrevocable by the Vendor until f:W p.m. local time on 28 June 2013 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 9. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, End time shall in all respects be of the essence hereof. IN WITNESS WHEKOF the vendor has caused these presents to be executed this jA_ fL day of June, 7013. • ... 7.i • • r. jJ0 Flih'D FENCING L71?. 2 ti Av% :wd&flffdmw4 d34] Fw* knchr LV.vndTMCIgdIfttjdm AV-D the P'urdhaw has weed these yenta to be emmatcd this day ofJum, 31113. THE CITY Of MINT JOHN Common Clerk Commm Council Rmiu ion: 67 3 f 3:f Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 9.50 in. Sales Rep: Doug Thomson PROPOSED SECTION 39 AMENDMENT RE: 1954 MANAWAGONISH ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, July 29, 2013 at 6:30 p.m., by: Amending the Section 39 conditions imposed on the April 5, 1988 and November 16, 1998 rezoning of the property located at 1954 Manawagonish Road, also identified as PID No. 55125330, to permit a revised proposal. REASON FOR CHANGE: To permit a municipal works depot. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m_ and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hail. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 648-3703 Ad Number: A80792 Ad 10: 6534808 Current Date: Jun 24 2013 11:02AM Start Date: 7/2/2013 End Date: 7/2/2013 Color: Client Approval OK El PROjET DE MODIFICATION DE VARTICLE 39 OBJET: 1954, CHEMIN MANAWAGONISH Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra clans la salie du conseil le lundi 29 juillet 2013 a 18 h 30 en apportant les modifications suivantes : Modification des conditions imposees en vertu de i'artide 39, le 5 a\611 988 et le 16 novembre 1998, relativement au rezonage de la propriete situee au 1954, chemin Manawagonish, et portant le NID 55125330, pour permettre la presentation d'une proposition revisee. RAISON DE LA MODIFICATION: Permettre un depot municipal. Toute personne interessee peut examiner la modification proposee au bureau de la greffiere communale ou au bureau de ]'urbanisme et du developpement a i'hotei de ville au 15, Market Square, Saint John, N.B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuil lez faire part de vos objections au projet de modification par ecrit a ('attention du soussigne a I'h6tel de ville. Si vous avez besoin des services en franpis pour une reunion de Conseil Communal, veuillez contacterle bureau du gre€fier communal. )orkathan Taykx, Greffier communal 648 -3703 Corrections 0 Planning Advisory Committee July 17, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Section 39 Amendment - 1954 Manawagonish Road City of Saint John On June 24, 2013 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its July 16, 2013 meeting. Kevin Rice, Deputy Commissioner of Transportation and Environment Services, appeared before the Committee and was in agreement with the Staff recommendation. Mr. Rice provided an overview of how the proposed location was selected. The Committee also received one letter expressing concerns about the proposal. A copy of this letter is attached. Following consideration of the report, letter and presentations, the Committee adopted the staff recommendation. The Committee also approved the conditional use application for the use of a property as a municipal works depot and imposed a number of terms and conditions on the conditional use application including the requirement for a site plan, implementation of the improvements noted on the site plan, site drainage requirements, and the installation of privacy slats in the fencing along the front and sides of the site. The Committee also approved a variance to reduce the required landscaping width from 2 metres to between 0 and 2 metres along a portion of the front lot line, between the street and the existing parking area, on the condition that the area be landscaped as shown on the site plan with emerald cedars having a planted height of 1.2 metres. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the April 5, 1988 and November 16, 1998 rezoning of the property located at 1954 Manawagonish Road, also identified as PID No. 55125330, to read as follows: a} The development be limited to a municipal works depot. Respectfully submit�d, 1 V l�lc�rg�n La r> n < 1 Chair MR Project No. 13- 140' We Ile �n The City of Saint John DATE: JULY 12, 2013 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES FOR: MEETING OF JULY 16, 2013 PREPARED BY: REVIEWED BY: Mark Reade, P. Eng., MCIP, RPP Jacqueline Hamilton, MCIP, RPP Senior Planner Municipal Planning Director SUBJECT: Name of Applicant: City of Saint John Name of Owner: Fundy Fencing Ltd, Location: 1954 Manawagonish Road PID: 55125330 Municipal Plan: Stable Commercial Zoning: "I -1" Light Industrial Proposal: To establish a municipal works depot Type of Application: Section 39 Amendment and Conditional Use JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 39 conditions of the subject property. Common Council will consider the Committee's recommendation at a public hearing on Monday, July 29, 2013. %AINi` It)HN P.O. Box 1971 Saint John, NB Cznadi E2L47'0' 1 C.P. 1971 -tint ohn, Vii. -S, Canadj E_1 1 9 City of Saint John 1954 Manawagonish Road Page 2 July 12, 2013 The Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions upon the establishment and operation of a municipal works depot in the "1 -1" Light Industrial zone. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council amend the Section 39 conditions imposed on the April 5, 1988 and November 16, 1998 rezoning of the property located at 1954 Manawagonish Road, also identified as PID No. 55125330, to read as follows: a) The development be limited to a municipal works depot. 2. That the Planning Advisory Committee impose the following terms and conditions upon the establishment and operation of a municipal works depot at 1954 Manawagonish Road: (a) The site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, outdoor storage areas driveways, signage, exterior lighting, landscaped areas, and other site features, The approved site plan must be attached to the application for building permit for the proposed development. (b) All site improvements shown on the approved site and drainage plans must be completed within one year of building permit approval. (c) The site development must provide for a vehicle manoeuvring area that allows for heavy vehicles and equipment to turn around in the compound area to minimize the need for vehicles backing up. (d) The expanded employee parking area at the front of the site must be paved and enclosed with continuous cast -in -place concrete curbing in order to protect the landscaped areas and to facilitate proper drainage. (e) Adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the Developer and subject to the approval of the Chief City Engineer or his designate. (f) Exterior light standards must direct light down onto the site and not toward adjacent properties. (g) Any overhead doors for large truck and equipment access are required to be placed along the rear of the building. (h) That the site be reconfigured to eliminate the existing access across the adjacent property located to the west. 71 City of Saint John 1954 Manawagonish Road Page 3 July 12, 2013 i) That heavy equipment parking, plow storage, and cutting edge storage be implemented as shown on the site plan prepared by the proponent. Outdoor storage of items other than heavy equipment or plows is limited to the area to the rear of the existing building. j) That privacy slats be extended along the fence located along the eastern side of the property behind the building and along the fence located along the western side of the property line. That a variance be granted to reduce the required landscaping width from 2 metres to between 0 and 2 meters along a portion of the front lot line, between the street and the existing parking area on the condition that the area be landscaped as shown on the site plan with Emerald Cedars having a planted height of 1.2 metres, BACKGROUND: In 1988 Common Council redesignated this property from Highway Commercial to Light Industrial and, at the same time, rezoned it from "B -2" General Business to "I -1" Light Industrial. The applicant at that time, Speedy Manufacturing, proposed to construct an automotive service establishment specializing in radiator, gas tank and muffler repairs. The rezoning was approved subject to the following Section 39 conditions: (a) The use of the property shall be limited to a radiator shop, a gas tank repair shop, a muffler shop and the manufacture of a corrosion resistant sealer; (b) Not more than 600 square feet of floor space shall be used for manufacturing; (c) There shall be no outside storage of material or equipment relating to any of the permitted uses excepting motor vehicles within the permitted parking areas; (d) The site shall be developed in accordance with a site plan approved by the Director of Planning; and (e) All building and site development shall be completed by September 30, 1988. Speedy Manufacturing subsequently constructed a building and established its business on the site, which operated until the early 1990s. Fundy Fencing (Digger Holdings Ltd.) purchased the property in 1995, and the Section 39 conditions were amended as follows: to permit the use of the property for the storage and manufacturing of fencing products and related office and sales activities, as well as other manufacturing and warehousing uses permitted in the "I -1" Light Industrial zone, provided that: i) the manufacture of products occurs within the building; ii) any new manufacturing process is approved by the Department of Health for on- site services or, alternatively, 7�1 property is connected to municipal sewers; and City of Saint John 1954 Manawagonish Road Page 4 July 12, 2013 iii) the existing on -site sewage system is protected and maintained in a manner which is acceptable to the N.B. Department of Health until such time as the site is connected to City sewers; removing the limitation on the amount of floor space used for manufacturing; and removing the prohibition on outdoor storage of products and materials, provided that all outdoor storage is confined to the rear yard of the site. At the same time, the PIanning Advisory Committee approved the proposed storage and manufacturing of fence products and related office and sales activities as a use which is similar to and compatible with the uses permitted in the "1 -1" Light Industrial zone. In 1998 Common Council amended the Section 39 conditions imposed on the 1988 rezoning and 1995 Section 39 Amendment to permit outdoor storage of finished products in the side yard. An adjacent parcel of land was also rezoned at this time from "B -2" General Business to "I -1" Light Industrial, subject to the following Section 39 conditions: (a) The rezoned area must be consolidated with the adjacent property at 1954 Manawagonish Road no later than December 31, 1998, and shall be limited to the following uses in conjunction with the use of 1954 Manawagonish Road: i) a radiator shop, a gas tank repair shop, a muffler shop and the manufacture of a corrosion resistant sealer; ii) storage and manufacturing of fencing products and related office and sales activities; and iii) other manufacturing and warehousing uses permitted in the "I -1" Light Industrial zone, provided that: the manufacture of products occurs within the building; any new manufacturing process is approved by the Department of Health for on -site services or, alternatively, the property is connected to municipal sewers; and the existing on -site sewage system is protected and maintained in a manner which is acceptable to the N.B. Department of Health until such time as the site is connected to City sewers; (b) Any outside storage of material or equipment relating to any of the permitted uses is restricted to the rear yard of the site, except that storage of finished products is permitted in the side yard; (c) The site shall not be developed or redeveloped except in accordance with a site plan to be prepared by the proponent and subject to the approval of the Development Officer; and (d) All building and site development shall be completed within one year of approval of the required site plan At their meeting of October 28, 1998 the Planning Advisory Committee granted variances to: 73 City of Saint John 1954 Manawagonish Road Page 5 July 12, 2013 (a) reduce the front yard landscaping to a minimum of 2 metres along a portion of the front lot line, as illustrated on the applicant's proposed site plan, provided that the landscaped area is protected by cast -in -place concrete curbing; (b) allow a driveway width of 11 metres. INPUT FROM OTHER SOURCES: Bell Aliant has been informed of the application. Infrastructure Development Service does not object to the proposed Section 39 Amendment and Conditional use as it is understood from the application that: There will not be any site, driveway, or servicing changes to this property. If any changes are proposed, this Department must be contacted for further review and comment. All businesses must have a City approved water meter installed. The applicant must ensure that there are no adverse drainage effects to adjacent properties as a result of any imposed application conditions. Inspection & Permitting Services have no comments related to the application. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have been informed of the application. Maritimes & Northeast Pipeline and Brunswick Pipeline advise the site is clear of their facilities. Saint John Energy has been informed of the application. Saint John Fire Department has no objection to this application, provided that the following conditions are followed: • Fire separation within the building units satisfies the requirements of the National Building Code of Canada and the National Fire Code 2010. • Required exit doors shall open in the direction of exit travel and shall be operable from the interior with out of use of keys, cards, special devices or specialized knowledge of the door opening mechanism. • Service rooms, janitor rooms, storage rooms shall be separated from the remainder of the floor area by a fire separations having a fire- resistance ratings not less than 45 minutes. • The heating system within the garage must satisfy the National Building Code and National Fire Code 2010. • Hot works (welding, etc.) operations shall conform to the standard as identified in section 5.2 of the National Building Code of Canada 2010. • The storage of propane cylinders must conform to section 5.5 of B149.2-00 of The Propane Storage and Handling Code. 74 City of Saint John 1954 Manaw agonish Road Page 6 July 12, 2013 The National Fire Code requires that Fire Extinguishers are located in Motor Vehicle Garages and shall conform to NFPA 10. • This building requires a fire Alarm system, fire alarm drawings must be submitted to the Department of Public Safety for review. • Installation and testing of the AC /DC fire alarm system shall conform to 2010 NBC 3.2.4., CAN/ULC- S524 -M and CAN/ULC- S537 -M. Upon completion of work, the fire alarm system must be verified by a contractor /company OTHER than the installing contractor /company. Provide a copy of the completed verification report to the Saint John Fire Department, and maintain a copy on site for future fire alarm testing. • The fire alarm signal shall be clearly audible through the building as required by 2010 NBC 3.2.4.19. • Smoke Detectors AC /DC are to be installed in each area, office and garage, and be connecting to the buildings Fire Alarm System. • Continuously illuminated exit signs are required at exits and as necessary throughout the floor area to clearly indicate the direction of exit travel. Signs shall conform to 2010 NBC. • AC /DC emergency lighting / Exit Signs are required for exits and access paths leading to exits. • Any garbage enclosures, garbage dumpster, storage sheds shall be located a minimum of 6 in (20Feet) from this or any other buildings. • A fire safety plan is required prior to occupying this building and it shall be acceptable to the Saint John Fire Department. A copy may be obtained by calling the Saint John Fire Department Fire Prevention and Investigation office at 658 -2962 • Plans must be submitted to Department of Public Safety — Technical Inspection Services Division Plans Review. • Prior to occupancy, a full inspection must be completed by the Saint John Fire Department Fire Prevention & Investigation Division, contact number 658 -2962. Saint John Transit offers limited service at this location with our # 12 Martinon bus which has 5 return trips during weekdays. The # 10 Lorneville bus also passes in front of this location with 2 return trips a day on weekdays. ANALYSIS: Subject Site and Proposed Development The 6756 square metre subject site is located east of the intersection of Manawagonish Road and Gault Road and contains a one - storey industrial building, associated parking and fenced outdoor storage area. The City's Transportation and Environment Services area is proposing to use the site as a municipal works depot. This site was selected following a review of two other sites including the City's existing facility on Bay Street. Site selection (a site selection report is attached) was based on location, ownership and operating costs, expansion potential, zoning considerations, and available site improvements (buildings and fencing). Transportation and stormwater operations for the west side of the City would be based out of the site. Estimated staffing at the facility is 17 during the summer months and 22 during the winter months. The facility would be operational on Monday to Friday between 7:30 AM and 4:00 PM during the summer months and 7 days a week during winter months with 24 hour operations as required for snow and ice control activities. The site may be utilized for emergency 75 City of Saint John Page 7 1954 Manawagonish Road July 12, 2013 response outside of the normal working hours for responding to emergency conditions such as flooding or emergency street closures. The numbers and types of equipment operating from the facility are provided in Table 1. Table 1— West Side De of Equipment Summer Winter 6 Yard Dump Truck (single axle) 2 4 Tandem Dump Truck 5 5 I Ton Truck 2 4 '/z Ton Truck 1 2 Loader 2 4 Back Hoe 2 2 Trailer 2 0 Blower 0 1 Surrounding Area The surrounding area contains a mix of developed and undeveloped lands. A general contractor's yard is located immediately east of the site. Other uses east of the site along Manawagonish Road include a residence with a trailer manufacturing and sales business, appliance store, roofing contractor and electrical substation. Lands between the site and Gault Road are undeveloped with the exception of a communications tower. To the north of the subject site is the former Knox Pit, which has been used for most of the past decade as a disposal site for demolition debris. Existing land uses on the south side of Manawagonish Road include a repair garage and a developing residential area with a mix of single unit dwellings and townhouses. The existing land uses on the north side of Manawagonish Road are zoned "B -2" General Business and "I -1" Light Industrial with the exception of the construction yard, electrical substation, and former Knox Pit and associated lands which are zoned "RF" Rural. On the south side of Manawagonish Road the residential area is zoned "TH" Townhouse and "R -IA" One Family Residential with an area of "B-2" General Business zoning that includes the existing repair garage. The closest residential development is located on the opposite side of Manawagonish Road and would be approximately 88 metres from the centre of the yard of the municipal works depot. Municipal Plan Direction The site is designated Stable Commercial on Schedule B - Future Land Use of the Municipal Plan. These lands are generally- built -out neighbourhood commercial areas which are not anticipated to receive major change but have the potential for greater mixed -use development beyond the planning period. While Policy MS -46 of the Municipal Plan permits the development of utility - related uses in all zones, subject to appropriate provisions in the Zoning Bylaw, policy LU -69 of the Plan permits the redevelopment of lands in Stable Commercial Areas provided that the proposal does not negatively affect surrounding land uses. Policy LU -70 provides the criteria that redevelopment proposals must comply with including: 76 City of Saint John 1954 Manawagonish Road Page S July 12, 2013 • the proposal does not detract from the City's intention to direct the majority of new commercial development to the Primary Centres, Regional Retail Centres, Business Centres, Commercial Corridors, Local Centres, and Mixed Use Centres; • the proposed land use is desirable and contributes positively to the neighbourhood; • the proposal is compatible with surrounding land uses; • the development proposal is in a location where all necessary water and wastewater services, protective services, and appropriate transportation infrastructure including public transit is provided; and • site design features that address such matters as safe access, buffering and landscaping, site grading and stormwater management are incorporated. Given that the use is considered a non - commercial use and the proponent has undertaken and provided a site selection study, Staff are of the opinion the proposal does not detract from the intent to direct new commercial development to key commercial intensification areas in the Municipal Plan. It also meets the criteria of being a serviced site with access to appropriate transportation infrastructure. The key issues that must be assessed to determine compatibility with the Municipal Plan are the impact of the proposed activities on the surrounding neighbourhood and site design features such as buffering and landscaping. Planning staff have met with representatives of Transportation and Environment Services regarding the redevelopment and operations of the proposed facility and measures to reduce the impact of facility operations on the adjacent neighbourhood. Based on this discussion, the following measures are being proposed to mitigate impacts of the facility on the surrounding neighbourhood: • Placement of the large garage door at the rear of the building away from Manawagonish Road to reduce noise impacts of large vehicles backing out of the facility by directing noise towards the north of the site towards the former Knox Pit. • Backing equipment in to the parking / storage stalls when parking so the equipment can be driven out of the stall. This will reduce the impact of back up alarms when the equipment mobilizes at night for winter operations. • Attempting to conduct maintenance during daytime hours when possible. • Providing sufficient space on site that heavy vehicles and equipment can turn around in the compound area without backing up. • Relocation of the fence further away from Manawagonish Road and the addition of privacy slats to the front fence. There will be no salt storage on the site with trucks utilizing the Bay Street salt storage facility and trucks and equipment will not be fuelled on site. This will reduce truck traffic to and from the site during winter maintenance activities with the only anticipated activities requiring trucks to return to the site being lunch breaks during a shift, the need for minor vehicle repairs and a shift change. Transportation and Environment Services have also provided a site plan showing proposed improvements at the facility. Based on the above analysis, the redevelopment proposal is in conformity with the Municipal Plan. Zoning By -Law and Site Design Considerations The existing Section 39 conditions limit the use of the property to manufacturing and warehousing uses permitted in the "I -1" Light Industrial zone along with a radiator shop, a gas tank repair shop, a muffler 77 City of Saint John 1954 Manawagonish Road Page 9 July 12, 2013 shop and the manufacture of a corrosion resistant sealer; limit manufacturing uses to the interior of the building and limit the types and location of outdoor storage on the site. Given that the proposed municipal works depot is a conditional use in the "I -I" Light Industrial zone, allowing the Planning Advisory Committee to impose conditions on the redevelopment and operation of the site, Staff recommend that the Section 39 conditions be amended to limit the use of the property to a municipal works depot and that no other Section 39 conditions be placed on the property. Instead, conditions relating to site design and operational issues would be imposed through the Conditional Use approval by the Planning Advisory Committee. Staff note that the removal of manufacturing uses from the permitted uses in the Section 39 conditions will represent a reduction in the intensity of uses that can occur on the site. Limiting the use of the site to a municipal works depot does not represent a major change from the former use as operated by Fundy Fencing as the municipal works depot will have similar operational characteristics to the operations of the fencing company that occupied the site. Both have office and outdoor storage components and work crews operating from the facility. The main difference is that the activities associated with the municipal works depot have the potential to be more intense during the winter months in that crews will operate from the facility 24 hours a day when winter maintenance operations are ongoing. In considering other conditional use applications, the Committee has typically imposed conditions with respect to submission and approval of a site plan indicating landscaping and screening features to address the visual impact concerns. This is particularly important in areas where the facility is close to the street and /or to non - industrial properties. With the present application, given the location of residential dwellings across from the site along Manawagonish Road, the redevelopment should provide for landscaping along the front of the site and the incorporation of privacy slats in the front portions of the fenced compound to soften the appearance of the site from the street and block views into the storage compound. Staff note that a variance to reduce the front yard landscaping to a minimum of 2 metres along a portion of the front lot line, between the street and the existing parking area, was granted provided that the landscaped area is protected by cast -in -place concrete curbing. While the curbing was installed, the reduced 2 metre landscape width was not, resulting in a landscaped width of between 0 metres and I metres between the parking area and property line. The applicant is proposing to landscape this area with Emerald Cedars with a planted height of 1.2 metres. Based on this, Staff support a variance to allow the existing depth of landscaping to remain on the condition that the proposed landscaping shown on the site plan is installed. A site plan has been submitted illustrating landscaping across the front of the property and reconfiguration of the employee parking and storage compound areas. A condition is recommended to require paving and curbing of the employee parking area at the front of the site. The site plan also provides for a vehicle manoeuvring area that allows for heavy vehicles and equipment to turn around in the compound area without backing up. This will reduce the amount of noise from the facility associated with vehicle back up alarms. The large overhead door for large truck and equipment access will be placed at the rear of the building to mitigate noise impacts on the adjacent residential areas across Manawagonish Road. While there will be noise associated with vehicles backing out of the large overhead door, the location at the rear of the building will aid in directing the noise to the rear of the property. Staff note that the area to the rear of the site is a construction and demolition disposal site which has limited development potential. The topography to the rear of the site and separation distance from developments to the north of the site (approxim78ely 370 metres to Hitachi Crescent) also will City of Saint John Page 10 1954 Manawagonish Road July 12, 2013 mitigate noise impacts from vehicles backing out of the garage at the rear of the building. Heavy equipment will be parked in the storage compound along the western property line with an area in the central portion of the compound used for plow storage. An additional storage area is proposed to the rear of the building for snowplow cutting edges. Staff recommend that the outdoor storage of items other than heavy equipment or plows be limited to the area to the rear of the building to reduce its visual impact. The site plan also shows the incorporation of privacy slats in the existing fence along the front of the storage compound and along a portion of the fence along the eastern portion of the property. It is recommended that the privacy slats be extended along the entire length of the fence along the eastern side of the property to screen views into the site should development occur on the properties to the east or west of the site. Privacy slats are not recommended along the northern fence line (at the rear of the property) as there is a significant elevation change in this area and the existing uses of the lands to the north of the site as a construction and demolition disposal site limit the development that may occur north of the site. It is recommended that the Committee impose conditions associated with the Conditional Use application relating to the following: • limiting the location of the overhead door for large truck and equipment access to the rear of the building; • implementation of the heavy equipment parking, plow storage, and cutting edge storage as shown on the site plan prepared by the proponent with outdoor storage of items other than heavy equipment or plows being limited to the area to the rear of the existing building; and • the extension of privacy slats in the existing fence along the eastern and western sides of the property in addition to that proposed along the front fence line on the site plan. Staff also note that the site can be accessed from Manawagonish Road through a portion of paved parking area and driveway that is located on the adjacent property to the west of the site. This presents an issue in that the lands of an adjacent landowner can be used to access the site and that the adjacent lands are zoned "B -2" General Business which does not permit a municipal works depot or an associated access. This change has been shown on the site plan provided by the applicant and a condition is recommended to require access to the adjacent property from the development site to be closed off. A condition requiring provision of adequate site drainage facilities, in accordance with a detailed drainage plan is also recommended. CONCLUSION: The redevelopment proposal for the site is in conformity with the Municipal Plan in that measures are proposed to mitigate the impacts of the use on adjacent lands. Staff recommend amendment of the Section 39 Conditions to limit the use of the site to a municipal works depot. Approval of the conditional use application is recommended with conditions including the preparation of a site plan for the development, storage of materials and equipment in the outdoor compound and associated screening. MR Project No, 13 -140 W PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT 004142)3 1 1 r•"' 40d03G16 6 -2 \\ o � 1 `m000�e. g- T ^�Dvr RF 0 m Ct 512241.4;, ssivcsa D._,0614 `�. ' S510dG04 Subject Site /site en question: w• 55125330 Location: 1954 ch. Manawagonish Road Date: June 25 juin 2013 Scale /echelle: Not to scale /Pas a 1'e6helle * h, k /a e e ii s H 43e - • p9S�Jill CHs EHFJill; �� •H 3S H w Y P0. _� x d a 3f s !_ = gfg 5 S o \� Mal tiSiy H��LL�� LLws � UF Eby .s� g V 2 ? I J y S m Y SRI W o. U' iwm y w -3o.. B T2K 2 F m �.. Icy 0 w :a w ti� F p ail tuSO �(� > �I uir �S rri • a fir: w\ � � - �� ` _ lo o Nt9 oR 06 Eq � wYp6 u Wtl 1 w � "' S�� '� W 6u� �y ;i 10. • w lY 3� F �u� a° \ w D O� um3 w o w Yy d Z $z9 L~6I ww _� �o{_F LU 2w Q � d N 0 O oz se -j sssl a J F O 81 T�r 4 Q Qr N W wR 40 to TV i lk �F West Depot Feasibility 1.0 Background The west side facility was shut down in 2005 (approximately) and the men and equipment moved to the North Depot on Boars Head road for a couple of years. After negations for a new West depot fell short the recommendation was made to move the West operation to the East Depot and amalgamated the two operations. This has some adverse effects on the West side operation, such as; Lost production man hours Increased maintenance an fuel cost Lost opportunity West salt storage facility is approximately 15 km from the east depot lactation. 1.1 Lost Man Hours There is approximately 20 minutes (plus) travel time from the east side to the west side and back again depending on traffic delays due to construction, weather, etc. This roughly equates to 10 hours per day (based on 15 men, 5 days a week and 8 hours a day), 80 hours a week and 4,160 man hours a year. This is the equivalent of $113,945.00 in lost wages (based on an average of $22/ hour and 24.5 percent for benefits) which represents 2.5 FTE's. Decreased opportunity cost —time spent for crews travelling is time not spent doing productive work in West Saint John. Manpower ositian: ymme -` 'Winter Foremen 1 2 Skilled Workers 16 20 1.2 Maintenance & Fuel - 1.2.1Equipment List Equi �mentmmer 6 Yard 2 4 Tandem 5 5 1 Ton 2 4 Ton 1 2 Loader 2 4 Back Hoe 2 2 Trailer 2 0 Blower 0 1 IN - 1.2.2 Fuel Cost o The costs of fuel for various pieces of equipment are laid out in the table below. The cost in this table is per piece of equipment. WOJ` Equipment # of Units Summer Winter Grand Equipment # of Units Unit Cost Total # of Units Unit Cost Total Total 6 Yard 2 $322 $644 4 $313 $1,252 $1,896 Tandem 5 $656 $3,280 5 $621 $3,105 $6,385 1 Ton 2 $545 $1,090 4 $515 $2,060 $3,150 Loader 2 $401 $802 4 $378 $1,512 $2,314 Yearly Total $13,745 - 1.2.3 Maintenance Cost o The costs of maintenance for various pieces of equipment are laid out in the table below. The cost in this table is per piece of equipment. Summer Winter Grand Equipment # of Units Unit Cost Total # of Units Unit Cost Total Total 6 Yard 2 $286 $572 4 $268 $1,072 $1,644 Tandem 5 $2,300 $11,501 5 $2,175 $10,875 $22,376 1 Ton 2 $1,919 $3,838 4 $1,813 $7,252 $11,090 Loader 2 $2,078 $4,156 4 $1,972 $7,888 $12,044 Yearly Total $47,154 2.0 Four Options for West Accommodations 2.1 Trailer 2.1.1 Site o Site would be at the current west side salt dome on Bay Street. This is a centrally located site that would work well with the operation. This location has limited residential property and numerous other industrial types of businesses. This land is currently owned by the city and thus does not need to be acquired and is zoned properly. 2.1.2 Lease Options o Kent ■ $1,889.00/ Month o Alantra ■ $2,956.00/ Month 84 - 2.1.3 Pros & Cons • This option does not allow for any maintenance garage. • Travel back to either East or central depots is required • Changing of plow blades and other small maintenance items can be done in a maintenance building by operators. • No wash facilities for the equipment. • Increased response time to emergencies call ins, such as flooding and snow events. • Reduced travel time to Job sites, thus a reduction lost man hours. • Being next to the salt storage is an advantage during the beginning of snow events. This again will increase our response to these storms. • A trailer with the absence of a maintenance facility • Provides a location where West side citizens can go to discuss issues with City Staff. 2.2 Leased Buildine 2.2.1 Site o This site is located on Stinson Drive in the Spruce Lake Industrial park. SJ Industrial parks are willing to purchase this building and lease it back to us. The asking price for this building is $525,000. This location is approximately 8 km from the west side salt storage facility. 2.2.2 Lease cost • $5,500/ Month for the 15t 5 years • $6,200/ month for the next 5 years 2.2.3 Pros & Cons • This location is at the outskirts of west Saint John. This is not ideal for response to events but is better than being in East Saint John. • Building has a full Garage facility which allows for operators to preform maintenance and cleaning of their equipment. • Adjacent property (2 acres) belongs to the City of Saint John at this time and thus allows for future expansion. • Is situated in an industrial zoned area. • There is a water course (I think it is registered) between this property and the adjacent City owned property. This will be a concern with possible contamination and with any plan of future expansion. 2.3 New Construction - 2.3.1 Site o Site would be at the current west side salt dome on Bay Street. This is a centrally located site that would work well with the operation. This location has limited residential property and numerous other industrial types of businesses. This land is currently owned by the city and thus does not need to be acquired. 85 2.3.2 Construction Cost • Facility outline ■ 3 offices ■ 1 conference room ■ 1 lunch room • 1 locker room ■ 2 washrooms • 1 utility room ■ 3 bay garage • Facility size ■ 6,800 square feet • Pricing Structure ■ $215 to $240/ square feet • $1,462,000 to $1,632,000 ■ Plus utilities, paving, landscaping, etc. • Approximately $400,000 ■ Total cost of $1,862,000 to $2,032,000 2.3.3 Pros & Cons • Increased response time to emergencies call in's, such as flooding and snow events. • Reduced travel time to Job sites, thus a reduction lost man hours. • Being next to the salt storage is an advantage during the beginning of snow events. This again will increase our response to these storms. • The site would require some fill to bring it up to grade for new construction • Brunswick Pipeline has a main gas line that runs along the south side of our property. • There is Natural gas, water and sewage line that are in close vicinity of our property and thus will allow for easy hook up. • Provides a location where West side citizens can go to discuss issues with City Staff. 2.4 Purchased Buifdinp, - 2.4.1 Site o The building is located at 1954 Manawagonish Rd. and is in a centrally located to provide service to the west side. This building is approximately 2.7 km from the salt storage facility. The purchase price of this building is $450,000 and would need to be purchased out of Facility Managements capital budget program. - 2.4.2 Cost • Asking purchase price $450,000 • Estimated upgrade cost $200,000 - 2.4.3 Pros & Cons • Centrally located allowing Increased response time to emergencies call in's, such as flooding and snow events. • Reduced travel time to Job sites, thus a reduction lost man hours. :. o Building has a four bay Garage facilities which allows for operators to perform maintenance and cleaning of their equipment. o Is situated in an industrial zoned area with industrial neighbours on either side of the property. o Some renovations would need to take place in both the office building and the garage. o Site lends to future expansion if necessary. o Site is already fenced and has security cameras installed. o Simple pay back on this property is approximately 4 years. This is after the cost of renovations has occurred. o This option is time sensitive as it is currently for sale and may not last long. 3.0 Conclusion It is estimated that the total annual cost of operating the West crew out of the East depot is approximately $174,844.00. This works out to $14,570 per month of lost revenue. Based on this, it is warranted to further investigate the possibility of a West side facility. The lowest cost per month out of the three options for a facility discussed above is option 1 "Trailers ". Even though this option only cost about $2000 per month it still does not address the extra maintenance and fuel cost associated with not having a West side facility. There is still the need for the operators to perform their regular maintenance and cleaning of the equipment. This would still require the operators to travel to one of the other facilities to perform this daily maintenance. The leased building needs extensive modifications in order to be adequate for our operation. The lease payment would be out of the operational budget and the building would belong to Saint John Industrial Parks. The major drawback to this option is its location and its proximity to the salt storage. Being at the outskirts of city limits will increase the response time to get to the job sites. As well the salt is needed for the trucks to act as ballast during a storm event. With the salt storage not on the same site this could hinder the winter response during a storm event. The option to build new is the most expensive and would, in simple payback terms, have a pay back of about 10 to 12 years. This option is ideal from an operational perspective. With its central location and the close proximity to the salt storage, this would be the ideal location for the West facility baring its price tag and long pay back. The option to purchase the above mentioned building and renovate it is one third the cost of building a new west facility. This option has a payback of approximately 4 years. This option is ideal from an operational perspective as it is centrally located and in close 87 proximity to the salt storage. This would be the ideal location for the West depot facility baring this option is still available as it is currently listed for sale. :: MELVIN L. MAWHINNEY Certified General Accountant TELEPHONE (506) 672 -3044 8 DAY DRIVE, SAINT JOHN, NEW BRUNSWICK POSTAL CODE E2M 7W8 July 10, 2013 Planning Advisory Committee City of Saint John Planning and Development P. 0. Box 1971 Saint John, N. B. E2L 4L1 Dear Sirs: Re: 1954 Manawagonish Road We reside at 8 Day Drive and are in receipt of your letter of July 3, 2013 regarding the aforementioned subject. We have reviewed the information contained therein and have no objection to City works depot being our neighbour. However, we do request that a hedge or row of trees be planted along front fence to obstruct view of machinery and materials. Hopefully, this small request can be honoured and we will be an affirmative vote for this amendment. Yours truly. Melvin Mawh(if�nney Linda Mawhinney G� We (oussi disponible en fronsois) Type of Application ❑ Municipal Plan Amendment ❑ Zoning By -law Amendment [Mr Amendment to Section 39 Conditions ❑ Zoning Confirmation Letter Contact Information [� Subdivision Variance Conditional Use ❑ Letter for Liquor Licensing ❑ Similar/ Compatible Use ❑ Temporary Use ❑ Change: Ro- establishment of Non - Conforming Use NameofApplicantg4p_11 Mohr 11' -YQ MQ d rlG Me,olr'r ,414.4L Group Mailing Address of Applicant (with Pasta] Code) 19 to /j U D lot-r 'i a ke r $ t. S u t k-_ 1701 Nali lest x., NS $3T 3R'7 Home Telcphona Number Work Telephone Number 902 - Lt Z D - 1p &39 Fax Number 902-'t E- mail._Mar'14 .med1Q11, QaIfu16rakp•Larh Name of Property Owner (if diffcrent from applicant) Sp M Q V- ,S Q + ) h V f S fm 4 fS Mailing Address (with Postal Code) S Q f r7 3 r 10 h n i K B E 2 L 3X Property Information Location 7!D'o- -6`f0 Sorm2rSQ +St•� 000'f48D4 �S5i221o3Z Civic # Street PID Existing Usc of Property f U Li! r r V Proposed Use of Prope-ty—Ee—le—to &Lr Existing Plan Designation of Property Existing Zoning of Property Description of Application Proposed Plan Designation of Property Proposed Zoning of Property Describe what you propose to do (attach additional pages if necessany). Ever -- k Q 6D nn 0.+r-C cam m V-4 Jett fr an *Ly r a-nd a ie - am NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writing) to submit this application is required. V S t t 0 #4 C h 4-d. Signature of Applicant M aJLI Ql Signature of Owner Date o2 '• `7Y1�� _ Date For Office Use Only Rcwcwed by Development Officer Information .Accompanying Application: DaLe ❑ Letter of intent ❑ Tentative Subdivision Plan ❑ Site Plan ❑ Building Elevations ❑ Fee ❑ Other �4m ws�arxu ❑ Floor Plans ❑ Sign Drawings P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P, 1971 Satnt John. N.-B. Canada E2141L1 4 1I y SAINT JOHN SOMERSET INVESTMENTS L 60 / 39 � ti 31 � 32 ' 1 In } ?IE N Ix A ?� ►D./ LTD. SOMERSET INVESTMENTS � ,�; LTD. _e,-' Po s>,'73msa \ 57 43 36 3 �r " � J �•�{' 15 42 ` S qtr 1J�\ 49 SOMERSET INVESTMENTS LTD. 1 \ \ \ 29 \ \ z a Y 4K k PURPOSE OF PLAN \ .. w. ACCESS EASE . t —TO CREATE LOT 13 -1 FOR A TELECOMMUNICATIONS TOWER. —TO SHOW A 20.0 WIDE ACCESS EASEMENT M FAVOR OF LOT 19 701 SHOW AN 8.D 'WIDE EASEMENT FOR UTILITY ROUTING IN SOMERSET INVESTMENTS LTD. FAVOR OF LOT 13 -1. P4o'e 'mw�ia�� T__I 2532265.025 7365570.477 5 13 2532512.469 2532277.346 7365484.250 7365543.124 CURVE CS POINT 44 RADIUS I ARC 110.000183.718181.712 ICHORD AZIMUTH 13T55-04- 14 2532245.457 7365536.738 C8 44 90.001) 68.49 66.855 33T5504 15 2532289.298 7365541.512 C7 51 37.500 46.7 43.78 171'4953 16 2532250.580 7365553.847 CB 51 17.500 21.81 20.432171'49'53 — CERTIFICATION IS NOT MACE AS TO COVENANTS SET OUT IN THE 17 2532254.063 7355565.546 C9 58 25.000 45.6 39.539 335'17 21) 24 2532334.082 7365417.170 CTO 58 4&000 82.08 71.171335'17'26" 25 2532246.634 7365728.431 CI Z 25 323,258 8.107 8.11)7 75'03 36 N.B. GRID COORDINATE VALUES I N.B. GRID COORDINATE VALUES PLAFARGE CANADA INC. ro oeo,moo SOMERSET INVESTMENTS LTD. Lot m, no aeooeeee PROPOSED TOWER CENTER ELEVATION TONER BASE = 49.5m NAD83 (CSRS) EAST 2532258.6 NORTH 7365559.7 NA083 (CSRS) LATITUDE N45' —Ir- 22.72' LONGITUDE W66'-051- 19.67' 1` hi IlLt (ryfiR Z a SOMERSET INVESTMENTS LTD. PooA».m OWIRIM DOCUMEN S NOTES SPECTRUM ENTERPRISES LTD TO -ALL COMPUTATIONS PERFORMED AND COORDINATES SHOWN ON SPECTRUUM ENTERPRISES LTD. THIS PLAN ARE BASED ON THE NEW BRUNSWICK STEREOGRAPHIC Doe. DATED APRIL 7, 1998, DOUBLE PROJECTION AND THE NA083(CSRS) ELLIPSOID AS REALIZED REGISTERED APRIL 14, 1898, IN VOLUME 1964, ON PACE 23, AS NUMBER 421722, BY SERNCE NEW BRUNSWICK'S ACTIVE CONTROL SYSTEM. PID 55123832. —ALL DISTANCES SHOWN ARE GRID DISTANCES CALCULATED USING A COMBINED SCALE FACTOR UTILIZING GEOID MODEL HT2.0. THE CANADA TRUST COMPANY TO — DIRECTIONS ARE N.B. GRID AZIMUTHS ESTABUSHE:D USING GNS& —THE DOCUMENT AND PLAN NUMBERS REFERRED TO ON THIS PLAN SOMERSET INVESTMENTS LTD. Of. DATED OCTOBER 1, 1897, ARE THOSE OF THE COUNTY REGISTRY CR LAND TITLES OFFICE. REGISTERED JULY 6, 1999, IN VOLUME 2054, — ADJACENT OWNER INFORMATION OBTAINED FROM SN3 RECORDS. —AS USED HEREIN, THE WORD CERTIFY SHALL MEAN AN EXPRESSION ON PAGE 175, AS NUMBER 10337401, PID 00049809. OF THE CONSULTANTS PROFESSIONAL OPINION TO THE BEST OF IT'S INFORMATION, XNOWLEDCE AND BELIEF, AND DOES OWNER'S SIGNATURE: NOT CONSTITUTE A WARRANTY OR GUARANTEE BY THE CONSULTANT — CERTIFICATION IS NOT MADE AS TO LEGAL TITLE, BONG THE DOMAIN OF A LAWYER, NOR TO THE ZONING & SETBACK BY —LAWS OR REGULATIONS, BEING THE DOMAIN OF A DEVELOPMENT OFFICER. — CERTIFICATION IS NOT MACE AS TO COVENANTS SET OUT IN THE XX DOCUMENT(S) AND THE LOCATION OF ANY UNDERGROUND SERVICES FOR: SOMERSET INVESTMENTS LTD. AND /OR FIXTURES, PERMANENT OR OTHERWISE — INITIAL FIELD SURVEY WAS COMPLETED APRIL 3. 2013. 91 { SURVEY /AREA Eft aan7 xw mum uum Fm SUBDIVISION PLAN: OMERSET STREET, SAINT JOHN, AINT JOHN COUNTY, N.B. a o � 8 ' CALE 1:100 51 TE: MILUDGE AVE I " SOMERSET INVESTMENTS (A 316) NOUGHT .4LYA 0PIKE .A.A k NE+ ewWam `.k GENIVAR �-RA". "fEN'. AR'Ll ;URVEYOR'S STATEMENT HEREBY CERTIFY THAT THIS PLAN 15 CORRECT. TENTATIVE N.B.L& N0. URVEYED BY: ANDREW K. TOOLE, N.B.LS. ATEO: APRIL S. 2013 0379 � N U1NF, AKT F10D); AKT CHEI7QD: N 131- 13708-00 SITE: MILLIDGE i SOMERSET INVESTMENTS (J1316) PROPOSED TOWER CENTER ELEVATION TOWER BASE = 49.0m J- NAD83 (CSRS) EAST 2532258.842 NORTH 7365559.711 NAD83 (CSRS) LATITUDE N45' -17'- 22.72" LONGITUDE W66' -05'- 19.67" r� c ♦ 1RY SKETCH: 'OSED TOWER SITE ' SOMERSET STREET, SAINT JOHN, -IN COUNTY, N.B. 590 MAIN STREET, NILYARD PLACE SAINT JOHN, NEW BRUNSWICK VAR PHONE: 086 4-E PHONE: 5D9994 -f719 FAX : 506 69&9019 WWW-QENNAR.COM metres 40 D 40 90 120 160 DRAYYN: AKT FlELD: AKT CHECKED: DATE: FEBRUARY 15, 2013 EMENNEW SCALE 1:2000 JOB Na.:131- 13708 -00 CAD:131- 13708 -570 SCALE 1: 2000 92 _- VA _ 5D 40 I/ a TYPICAL SECTION THRU PAD AT "A -A" HORIZONTAL SCALE 7:240 VERTICAL SCALE 1!40 ELEVATION TOWER LOOKING EAST NOT TO SCALE 54 s3 x 51 50 49 40 200 YAK A Ac c rss E k% { 93 D D { SURVEY AREA D �r PL� LOCAUTY SKETCH LEGEND DESf WMM S7ILBDL DESMPTION SYMBOL sr: Lr .rsrEU a"DmnArz LLn.AEnr p rwnD ra 91•wD•AD a1R,CY AWIM'R MfFD jR CALLlI1wTF➢ ::q ar.uD•AD xR. cr kK.LM I—D dIQIMrzO GADIVATE Iwn O. U) EABULATED -A, SAD,.{ ,� uBL411EP5fRADO1 NUUBFR "'R ]OIifO Y900M kALEr PGfI �i NUKE kF'IRFS mL k'ofn 9uR tl'P: �.i ❑ gLUQrEq Y' uWL i•GM BAR MIM =YAK h• nw r.c roue O R•Ell' ■ Ban eA+ roue � aLP m mw rux fALDB Aw¢ /AaArM tuuD W iw Dec, (m C w W ORM, MCX W1G WRTWR PUS RANG URII'!Y E4Pdi RVL rfADEMAR: p AEDTPI[D DMIER9IF pp uLai vµ kP.Yf' E•SSIENT M'E BF•'nE MEV BRDMJwL '.A9 EA1pp�i(Sj S TM RuM _ e _— — — DDGRiplr / L0.VUL /PAGE Oaa/+J }p l -� DEAR HM BY ]fA9 RA WGL pMRr[R Pp PROPOSED TOWER CENTER ELEVATION TOWER BASE - 49.5. NADB3 (CSRS) EAST 2532258.8 NORTH 7365559.7 NAD83 (CSRS) LATITUDE N45' -17'- 22.72' LONGITUDE W56• 05'- 19.67' SITE DEVELOPMENT PLAN SHOWING. POOSED OWER SITE SOMERSET STREET, SAINT JOHN. SAINT JOHN COUNTY, N.B. Deew m o SCALE 1:2000 •D 1M 1GD SITE: MIWDM AVE. A SOMERSET INVESTMENTS (J1316) AD LAM ST'gT, WILV'A➢PLIwE (,W T JOB!( r1 Pn 1"LR+ry NM GENIVAR CKAOtiEK,J9 'VMY.CEMVAxOw DRAMl: -T FIUM: AKi PATE: APRL 3, 2013 L-- M —31- 17709 -OD "A 131 -13706 -620 J7316 NO 60114M @ 95123632 Saint John Co.. H5 SITE NO. J11316 AUTHORIZATION AND PERMISSION To wHOM IT MAY CONCERN: BELL MOBILITY INC. has MY/our permission to act as my /our Agent to acquire the necessary permits, drawings, and information from the Municipal or other authorities concerned, noeded to approve the coosnuction of the site set out below and as shown on the preliminary site plan attached to the Lease or Schedule. OWNER: Somerset investments Ltd. ADDRESS: 550 Somerset Street, Saint John, N.B., EU 3 %1 PHONE NO: $06 -632 -0022 SITE; J1316 — Miliidge Ave. h1UNICB?ALADDRESS: Somerset street, Salntlohn,N.B. LEGAL DESCRIPTION: See schedule "A" Somerset Investments Ltd. (Landlord) DATED Ot S+4rn/ % 1;01) this — 7 doy of _ ! AQ� 26_L 3 �� Landlord Initials l 94 ah IMI TO: The Planning Advisory Committee, City of Saint John FROM: Maria Medioli, Municipal Relations Specialist RE: Request for approval of Bell Mobility's application for Conditional Use, Subdivision and Variances to construct a 60 metre telecommunications tower off of Somerset Street DATE: 24 May 2013 Background Bell Mobility Inc. is proposing to build a telecommunications tower in the Somerset Street area of the City of Saint John as part of its commitment to providing the best wireless network to all its customers. Bell Mobility Inc. has surveyed the area and identified a proposed site off of Somerset Street (PID 00049809) which will achieve the necessary engineering coverage objectives for its network. A 60 metre self support telecommunications tower would be located on the site and occupy a ground area of 611 m2. Industry Canada is responsible for regulating radiocommunication in Canada and for authorizing radiocommunication facilities. As per Industry Canada policy (CPC- 2- 0 -03), because the City of Saint John does not have a telecommunications tower siting policy or protocol, Bell Mobility followed Industry's Canada default public consultation process. This required: 1. Public Notification — distributing written notification to the public, land -use authority and Industry Canada of the proposed antenna system installation. 2. Responding to the Public — addressing relevant questions, comments and concerns regarding the proposal from the public or land -use authority. 3. Public Reply Comments — providing an opportunity to the public and land -use authority to formally respond in writing regarding measures taken by the proponent to address the concerns identified. 1 95 t Public Consultation On 14 March 2013 a notification/information package was sent out to all property owners within a radius of three times the tower height of the proposed tower. A total of three property owners were notified. In addition, a letter was sent to one of these property owners (C & S Properties) who owns a number of residential rental units in the area, asking that they distribute the public notification package to their tenants. A public notice of the proposed telecommunications tower, asking for public input, ran in the Telegraph Journal on 14 March 2013. Residents were also invited to an Open House hosted by Bell to answer any questions they might have. The Open House was held on 16 April 2013 at the Portland United Church from 7:00 -9:00 pm. No residents attended the Open House. Summary of Feedback The public were given over 30 days to provide comments, questions and concerns to Bell Mobility Inc. regarding the proposed telecommunications tower. No comments or responses were received. Next Steps Bell Mobility would like to obtain approval from the City of Saint John for the required zoning variances and subdivision as well as documentation of municipal concurrence or support for the proposed telecommunications tower. Pa BN1 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 12.00 in. Sales Rep: Doug Thomson PROPOSED SECTION 39 AMENDMENT RE: 750 SOMERSET STREET Public Notice is hereby given that the Common Council of The City of Saint john intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, July 29, 2013 at 6:30 p.m., by: Amending the Section 39 conditions imposed on the August 13, 1984 rezoning of the property located at 750 Somerset Street, also identified as being a portion of PID No. 55123632, as illustrated below, to permit a revised proposal. REASON FOR CHANCE: To permit any access road to a proposed telecommunications tower at 840 Somerset Street. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint john, N.B. between the hours of 8:30 a.m, and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 648 -3703 PROJET DE MODIFICATION DE VARTICLE 39 OBJET: 750, RUE SOMERSET Par les pr6sentes, un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention d'examiner une proposition lots de la reunion ordinaire qui se tiendra clans la Salle du Conseil le kmdl 29 Julllet 2013 618 h 30 en apportant les modifications suivantes Modification des conditions imposks en vertu de ]'article 39, le 13 aobt 1984, relativement au rezonage de la propri6t6 i J situ& au 750, rue Somerset, et 6tant aussi r une pantie du NID V 55123632, comme le \ Jj montre la carte d- dessous, pour permettre la pr6sentation dune proposition revisee. RAISON DE LA MODIFICATION: Permettre une route d'acces a une tour t6l6communications propos6e au 840, rue Somerset. Toute personne int6ress6e peut examiner la modification propos6e au bureau du greffier communal ou au bureau de I'urbanisme et du d6veloppement a ]'hotel de vibe au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit a I'attention du sowsign6 a I'h6tel de ville. Si vous ave7 besoin des services en franpis pour une reunion de Conseil Communal, veuillez contacterle bureau du greffier communal. Jonathan Taylor, Greffier communal 648 -3703 Ad Number: A80724 Ad ID: 6534312 Current Date: Jun 24 2013 10:20AM Start Date: 71212013 End Date: 7/2/2013 Color: Client Approval OK ❑ 97 Corrections ❑ Planning Advisory Committee July 17, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Section 39 Amendment — 750 -840 Somerset Street On June 24, 2013 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its July 16,2013 meeting. City of Saint John Maria Medioli, the applicant, was in attendance at the meeting and was in agreement with the Staff Recommendation. There were no other presentations concerning this application, and no letters from surrounding property owners were received. After considering the matter, the Committee resolved to adopt the staff recommendation, which is set -out below for your convenience. The Committee also approved the proposed communications tower as a conditional use, the proposed subdivision and granted the necessary variances. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the August 13, 1984 rezoning of the property located at 750 Somerset Street, also identified as being a portion of PID No. 55123632, to permit an access road to a proposed telecommunications tower at 840 Somerset Street. Respectfully subed, jl yi . 1 AL gan L ig Chair JC Project No, 13- 130 4 • 1� t The city of Saint John 9 DATE: JULY 12, 2013 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES FOR: MEETING OF JULY 16, 2013 PREPARED BY: Jeffrey Cyr Planner SUBJECT: REVIEWED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner Name of Applicant: Bell Mobility (c /o Maria Medioli) Name of Owner: Somerset Investments Inc. Location: 750 — 840 Somerset Street PID: 55123632 & 00049809 Municipal Plan: Urban Reserve & Local Centre Zoning: "I -1" Light Industrial & "RS -2" One and Two Family Suburban Residential Proposal: To erect a 60 metre telecommunications tower with ancillary equipment Type of Application: Section 39 Amendment, Conditional Use, Subdivision and Variances to: SAINT JOHN 1) Permit a minimum lot area of approximately 612 square meters. nfl P.O. Box 1971 Saint John, NB Canada E2L 4LM www.saintjohn.ca I C -P. 1971 Saint John, N.-B. Canada E2L 40 Bell Mobility Page 2 750 — 840 Somerset Street July 16, 2013 2) Increase the maximum permitted height of a main building or structure from 9 metres to 60 metres. 3) Decrease the minimum property line setback from 7.5 metres to 6.2 metres. (tower) JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 39 conditions of the subject property. Common Council will consider the Committee's recommendation at a public hearing on Monday, July 29, 2013. The Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions upon the establishment and operation of a utility service building or structure (communications tower). The Subdivision By -law authorizes the Planning Advisory Committee to approve other accesses than public streets when advisable for the development of land. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council amend the Section 39 conditions imposed on the August 13, 1984 rezoning of the property located at 750 Somerset Street, also identified as being a portion of PID No. 55123632, to permit an access road to a proposed telecommunications tower at 840 Somerset Street. 2. That the Planning Advisory Committee: a) impose the following conditions on the establishment and operation of a telecommunications tower on the proposed Lot 13 -1, being a portion of the property situated at 750 - 840 Somerset Street (PIDs 55123632 and 00049809): that the proposed tower be self - supporting and constructed in accordance with an approved engineering plan acceptable to the Chief Building Inspector; and ii. that a chain -link fence with a locked gate having a minimum height of 2 metres be constructed around the tower to prevent unauthorized access; b) approve the creation of the proposed Lot 13 -1 having access by means other than a public street, as generally illustrated on the submitted tentative subdivision application; c) permit the creation of a non - serviced lot subject to the condition that the use of the property be limited to a telecommunications tower and that a note to this effect be placed on the final subdivision plan, 100 Bell Mobility Page 3 750 — 840 Somerset Street g July 16, 2013 d) grant the following variances from the requirements of the Zoning By -Law to: i. Permit a minimum lot area of approximately 612 square meters. ii. increase the maximum permitted height of a main building or structure from 9 metres to approximately 60 metres; iii. decrease the minimum required property line setback of the proposed tower from 7.5 metres to approximately 6.2 metres; BACKGROUND: On August 13th, 1984 Common Council gave third reading to an amendment of the Zoning By -Law to rezone the rear portion of 750 Somerset Street (now a portion of PID 55123632) from "RS -2" One and Two Family Suburban Residential to "I -1" Light Industrial. The change in zoning was pursuant to Section 39 of the Community Planning Act requiring the applicant to enter into an agreement with the City in which it would do the following: A) restrict the activities to quarrying and the storage and parking of construction materials, equipment and vehicles; B) ensure that future service requirements with regard to elevation for sewer purposes are kept in mind when establishing elevations in the working area; C) restrict the weight of loaded trucks to avoid damage to streets in the area; D) erect a heavy duty fence around area of excavation; E) ensure that blasting is carried out between 9 a.m. and 5 p.m. and drilling is carried out between 7 a.m. and 9 p.m., Monday through Saturday and that the intensity of blasting is minimized to eliminate complaints from residents of the area; F) apply for and comply with all approvals received from Environment N.B. and other Federal and Provincial Departments and agencies; G) agree that the operation of the quarrying will be subject to the appropriate requirements of Section 880 of the Zoning By -Law. INPUT FROM OTHER SOURCES: Bell Aliant has been advised of this application. Infrastructure Development Service has no objections to this application. The applicant must ensure that there are no adverse drainage effects to adjacent properties as a result of the installation of the proposed communications tower. Inspection & Permitting Services has no objectioitogo this application. Bell Mobility 750 — 840 Somerset Street Page 4 July 16, 2013 Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline has no objections to this application. Rogers has been advised of this application. Saint John Energy has been advised of this application. Saint John Fire Department advises that the access road will be subject to National Building Code Standards - 3.2.5.6. 2010, "Access Route Design " which provides that the road: a) Have a clear width not less than 6 metres, unless it can be shown that lesser widths are satisfactory. b) Have a centerline radius not less than 5 metres. c) Have an overhead clearance not less than 5 metres. d) Have a change in gradient not more than 1 in 12.5 over a minimum distance of 15 metres. e) Be designed to support the expected loads imposed by firefighting equipment and be surfaced with concrete, asphalt, or other material designed to permit accessibility under all climate conditions. f) Have turnaround facilities for any dead -end portion of the access route more than 90 metres long, and g) Be connected with a public thoroughfare. ANALYSIS: Site and Neighbourhood The subject site is located at 750 840 Somerset Street, adjacent to the Lafarge Canada Inc. concrete production facility in Millidgeville. The site includes two PID's which surround the Lafarge Canada property. PID 55123632 is located at 750 Somerset Street and bounds the Lafarge property along its eastern and northern property boundaries. This site is currently used as a quarry. PID 00049809 is located at 840 Somerset Street and bounds the Lafarge property to the west and the northern boundary of the 750 Somerset Street property. This property is currently undeveloped land. The subject site is in a transitional area along Somerset Street. To the east of the site, along Somerset Street, are primarily commercial and light industrial uses. This includes a concrete production facility, a quarry, the Atlantic Superstore, several small class C office buildings and other light industrial and commercial uses. To the west of the site, along Somerset Street, are primarily medium density residential uses which include a mix of three storey apartment buildings and townhouses. The 840 Somerset property currently provides a 145 metre forested buffer between the residential uses and the concrete production facility. 102 Bell Mobility Page 5 750 — 840 Somerset Street July 16, 2013 Proposal The applicant proposes to erect a 60 metre telecommunications tower with a 2.5 metre by 3 metre utility building located approximately 2 metres southwest of the tower. Both the tower and the utility building will be enclosed with a chain link fence. To accommodate this proposal the applicant proposes to sever a lot from the parent property at 840 Somerset Street. The proposed lot (13 -1) would have an area of 612 square metres and would allow the applicant to construct, maintain and operate the proposed tower. Access to the proposed lot would be from a 20 metre wide access easement that would begin at the entrance of the 750 Somerset Street property, run north through the quarry site and turn west around the Lafarge property to connect with the northern boundary of Lot 13 -1. An 8 metre wide easement for utility routing purposes will connect from Somerset Street to the southern boundary of Lot ] 3 -1 on the 840 Somerset Street property. Required Approvals The first 140 metres of the subject site, beginning from the front yard property boundary is designated as a Local Centre and the remainder of the site is designated Urban Reserve in the Municipal Plan. The property at 750 Somerset Street is zoned "I -] " Light Industrial and a portion of it is subject to a Section 39 resolution imposed on the property by Common Council on August 13"', 1984. The 840 Somerset Street property is zoned as "RS -2" One and Two Family Suburban Residential. Amendment of Section 39 Conditions: On August 13, 1984 the rear portion of the 750 Somerset Street property was rezoned from "RS -2" One and Two Family Suburban Residential to "I -]" Light Industrial (the front portion was already zoned "I -1" Light Industrial at the time). The rezoning was subject to a resolution pursuant to Section 39 of the Community Planning Act, which restricted the activities of the property to quarrying and the storage and parking of construction materials, equipment and vehicles. This resolution will need to be amended to permit the proposed access road for a telecommunications tower across the 750 Somerset Street property. Conditional Use: The proposed telecommunications tower is considered a utility service structure and is thereby a permitted use in any zone. The Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions on any utility service building or structure application. Creation of a lot having access other than a public street.: The Subdivision By -Law ordinarily requires lots to abut a public street owned by the City; however, it does authorize such other accesses as may be approved by the Planning Advisory Committee as being advisable for the development of land. The applicant proposes to establish Lot 13 -1 to the interior of the property with a private access way. Servicin—a standards: The Subdivision By -law does not contain specific servicing standards (i.e., water and sewer) for non - residential subdivisions. Instead it authorizes the Committee to establish what it considers to be an appropriate manner of servicing. Given the nature of the proposal there will be no services provided. Minimum Lot Area Variance: The "RS -2" One and Two Family Suburban Residential Zone requires a minimum lot area of 5,350 square metres for unserviced lots. A variance is required to permit a minimum lot area of approximately 612 square mete Bell Mobility Page 6 750 — 840 Somerset Street July 16, 2013 Height Variance: The Zoning By -Law limits the height of any building or structure within the "RS -2" One and Two Family Suburban Residential Zone to 9 metres. A variance is required to increase the maximum height for the telecommunications tower from 9 metres to 60 metres. Minimum Property Line Setback Variance: The Zoning By -Law requires a minimum property line setback of 7.5 metres for any properties within the "RS -2" One and Two Family Suburban Residential Zone. The applicant has proposed to erect the communications tower 6.2 metres from the property line. Therefore, a variance to reduce the minimum property line setback from 7.5 metres to 6.2 metres is required. Consideration of Telecommunications Towers The Planning Advisory Committee has considered numerous applications proposing the erection of new telecommunications towers over the years. Many of these applications involved fairly large towers ranging from 60 to 90 metres high. Most recently the Committee granted variances to permit an application for a 35 metre high telecommunications tower on McAllister Drive in East Saint John, a 28 metre high telecommunications tower on Rothesay Avenue and a 14 metre high telecommunications tower on Fairville Boulevard. Previous discussions between planning staff and proponents of telecommunications towers have indicated that the vast geography and varying topography of Saint John poses challenges in establishing a direct line of sight between towers and intended service targets, which is necessary for the provision of adequate cellular services. The Proposed Telecommunications Tower The growing demand for telecommunications services on the part of the general public creates new infrastructure requirements for service providers. Bell Mobility has identified the proposed telecommunications tower as necessary infrastructure to meet the service needs for the Millidgeville and Somerset Street area. Co- location options were explored by the applicant, but no realistic alternatives that met the service needs of the area were available. The nearest telecommunications tower with potential for co- location is approximately 9 kilometres from the subject site. The subject site is an appropriate location for the erection of a telecommunications tower. The tower is located adjacent to a concrete production facility in an area with a significant proportion of commercial and light industrial uses. The tower is located to the interior of the property at 840 Somerset Street, in a heavily wooded area. While a 60 metre telecommunications tower is significantly higher than any nearby uses, the combination of the vegetation and the sloped topography of the area will help in mitigating the visual impact of the tower on nearby residential uses to the west of the site. Section 39 Amendment: The conditions pursuant to Section 39 of the Community Planning Act, imposed on this property on August 13th, 2013 had the general intention of mitigating any impacts of the existing quarry on other nearby uses and to provide reasonable controls on any future expansion of the site. As this proposal is to establish an appropriately located and buffered communications tower, an amendment of the Section 39 Conditions to permit the proposed access can be supported. 104 Bell Mobility Page 7 750 — 840 Somerset Street g July 16, 2013 Lot 13 -1: The proposed location for Lot 13 -1 will utilize the existing vegetation and topography of the area to screen the tower from nearby residential uses. Given this observation and the nature of the proposal, the creation of Lot 13 -1 as an unserviced lot having access other than a public street can be supported on the condition that the use of the property be limited to a telecommunications tower. Variances: The proposed tower is located within the minimum property line setback, below the minimum lot area requirement and is significantly taller than the maximum height restrictions for the "RS -2" One and Two Family Suburban Residential Zone. The variance required to reduce the minimum property line setback from 7.5 metres to 6.2 metres is minor in nature. There are no neighbouring properties that will be significantly impacted as Lot 13 -1 is predominantly bounded by a wooded area on the edge of the Lafarge property. The 5,350 square metre minimum lot area requirement for the "RS -2" One and Two Family Suburban Residential Zone is intended to limit unserviced residential development by requiring a minimum lot area that is more consistent with rural residential development. As the proposed subdivision is for a telecommunications tower and not a residential development, a variance to permit a minimum lot area of 612 square metres can be supported. While the variance to increase the maximum height from 9 metres to 60 metres is a significant increase, it can be supported as the tower is necessary for the provision of telecommunications services to the area and will partially be screened by the vegetation and sloping topography of the area. CONCLUSION: The applicant has indicated that the proposed 60 metre telecommunications tower is necessary for the provision of services in the Millidgeville area. The option of co- location had been thoroughly explored, but no realistic alternatives that met the service needs of the area were available. The proposed location is appropriate as the site is adjacent to existing industrial uses and will be partially screened by the surrounding vegetation and the naturally sloped topography of the area. Therefore, the current application to amend Section 39 conditions and approve the erection a 60 metre telecommunications tower can be supported by staff, subject to the noted conditions. JC Project No. 13 -130 105 r 54 51 Y 51 eo 41 4t. HORIZONTAL SCALE 1:200 VERTICAL SCALE 1:50 708INTANW—VATION LOQKING EAST 140T TO SCALE 54 53 52 51 50 A9 46 107 U,o D, SURVEY TYPICAL 's PAD AT '[A --A" HORIZONTAL SCALE 1:200 VERTICAL SCALE 1:50 708INTANW—VATION LOQKING EAST 140T TO SCALE 54 53 52 51 50 A9 46 107 U,o D, SURVEY AREA 's LOCALITY SKETCH LEGEND OESCFPIIOM SYYBOL D rT" STY Ji E� 9KIW : ��u.R uaM.VEx, 0 - - — IP+ID SuOUD s�uNV Wq,CR hFCED �i I�IUiO :.) 9YYAtuO sUmCY uaoKLO YDYND ® C EY[T[0 DYORARO COOIRNa.' F'rxl � l5 RF+RTianOV'IR1uE[R IN) NJ+9 YapDU1fD CpRR'NnR R[ER E aRIF, VLrI - fWas[ u[IUEE ..' f^JME SRO Y,I,YD � lu[ iN�rx vss mYO O saws xwxo ,Rw D.R :ol.Nlo • Y.n rxw •ux tqm) 'axR /KYUa CaLI(D Fw x oe• (..4 uCV Mu „ CASMU! •.Ul. CERTfCaT: N ZG6TCRCD ! Y�'.MT CRD � faSLYNRI YANK nfv gUl•:x6 911Mx1(s) sRaYx nus — — — — — — rTan.Ex• ,' R,vL /..¢ I YIDS TFY, YM Cv T1E %aN rµCTC �gx1nCR cq PROPOSED TOWER CENTER ELEVATION TONER BASE x• 49.5m NAD83 (CSRS) EAST 2532258.8 NORTH 7365559.7 NAD83 (CSRS) LATITUDE N45' -17'- 22.72 LONGITUDE N86• -05- 19.67' SITE DEVELOPMENT PLAN SHOWING: PROPOSED TOWER SITE SOMERSET STREET, SAINT JOHN, SAINT JOHN COUNTY, N.B. IxYres a SCALE 1:2OfO SITE: L. MIWDGE AVE il SOMERSET INVESTMENTS (J1316) 5C0 M: w91RF. RR1N'. I K ..RI, JJ Ew. ..RRUx': .i K GENIVAR E °l J f fY - OEx ...{ -OY DRANK: AKT IFIEUk MT OATC APRIL A i013 JOB W _,M -13T 00 CA0:131 —T 3706 -620 SOMERSET INVESTMENTS L b 60 / 59 31 M1 32 ' \ i SOMERSET INVESTMENTS iD. LTD. SOMERSET SOMERSET INVESTMENTS a INVESTMENTS LTD. LTD. q lm 7r, 57 / 43 33 (j5 !3l'6� JJa• 41 e%%. 49 i. SOMERSET INVESTMENTS LTD. y ogae. -� vun 1� s i � i \ V Z Q °a U 4 Q J PURPOSE OF PLAN \ u so.D wtoE A0C[SS EAS.Na+T d —TO CREATE LOT 13 -1 FOR A TELECOMMUNICATIONS TOWER. —TO SHOW A 20.0 WIDE ACCESS EASEMENT IN FAVOR OF LOT e��9 13 -1. 19 SJS'/�'104 —TO SNOW AN 6.0 WOE EASEMENT FOR UTILITY ROUTING IN SOMERSET INVESTMENTS LTD. FAVOR OF LOT 13 -1. 1 1 2532265.025 I 73RS570477 5 13 2532511469 2532277.348 7365484.250 7365543.124 CURVE C5 POI 44 RADIUS 110AC0 ARC 83.716 CHORD 87.71 AZIMUTH 33755 O4 14 2532245.457 7365536.738 CB 44 40.000 68.49666.85 REGISTERED JULY 8, 1999, IN VOLUME 2054, 33755'04 15 2532269.298 7385541.512 C7 5t 37.500 bfi.7 43.78 171'4953 18 2532250.580 7365553.847 C8 5t 17.500 21.87 20.432 171'49 53 17 2532254,083 7365585.548 C9 58 25.000 45.60 J9.539 335'17'20" 24 2532334.D62 7365417.170 Ci0 58 45.000 B2.D8 71.771335'17'20' 25 2532246.834 7365128.431 C72 25 1323-25818m!07 8.107 75'0336 N.B. GRID COORDINATE VALUES I N.S. GRID COORDINATE VALUES LAFARGE CANADA INC. wx , Nm Pn R.w u, M u DDa4e[D PROPOSED TOWER CENTER ELEVATION TOWER BASE - 49.5m NA083 (CSR5) EAST 2532256.8 NORTH 7365559.7 NAD83 (CSRS) LATITUDE N45'-1i- 22.72' LONGITUDE WE58'-05'- 19.67' A•- W WS 1� R w SOMERSET INVESTMENTS LTD. Der. IwsTrm nD oDC.Pew DOCUMENT(S) s NOTES SPECTRUM ENTERPRISES LTD TO -ALL COMPUTATIONS PERFORMED AND COORDINATES SHOWN ON SPECTRUM ENTERPRISES LTD. THIS PLAN ARE BASED ON THE NEW BRUNSWICK STEREOGR4pmC Dx DATED APRIL 7, 1998, REGISTERED APRIL 14, 1998, IN VOLUME DOUBLE PROJECTION AND THE NAD83(CSRS) ELLIPSOID AS REALIZED 1964, ON PAGE 23, AS NUMBER 421722, BY SERVICE NEW BRUNSWICK'S ACTIVE CONTROL SYSTEM, -ALL DISTANCES SHOWN ARE GRID DISTANCES CALCULATED USING A PIO 55123832• COM81NED SCALE FACTOR UTILIZING GEOID MODEL HT2.0. THE CANADA TRUST COMPANY TO — DIRECTIONS ARE N.B. GRID AZIMUTHS ESTA13USHIED USING GNSS, THE DOCUMENT AND PLAN NUMBERS REFERRED TD ON THIS PLAN SOMERSET INVESTMENTS LTD. DGC, GATED OCTOBER 1, 1997, ARE THOSE OF THE COUNTY REGISTRY OR LAND TITLES OFFICE. REGISTERED JULY 8, 1999, IN VOLUME 2054, — ADJACENT OWNER INFORMATION OBTAINED FROM SNB RECORDS. —AS USED HEREIN, THE WORD CERTIFY SHALL MEAN AN EXPRESSION ON PAGE 175, AS NUMBER 10337401, PIO 00049809' OF THE CONSULTANT'S PROFESSIONAL OPINION TO THE BEST OF 175 INFORMATION, W40MJMGE AND BEUEF, AND DOES OWNER'S SIGNATURE: NOT CONSTITUTE A WARRANTY OR GUARANTEE BY THE CONSULTANT - CERTIFICATION 15 NOT MADE AS TO LEGAL TITLE, BEING THE DOMAIN OF A LAWYER, NOR TO THE ZONING & SETBACK BY -LAWS OR REGULATI ONS. BEING THE DOMAIN OF A DEVELOPMENT OFFICER. - CERTIFICATION IS NOT MAOE AS TO COVENANTS SET OUT IN THE X7C COMMENT(S) AND THE LOCATION OF ANY UNDERGROUND SEANCES FOR; SOMERSET INVESTMENTS LTD. AND/OR FIXTURES, PERMANENT OR OTHERWISE. - INITIAL FIELD SURVEY WAS COMPLETED APRIL 3. 2013. 1 • { SURVEY �- / AREA LOCALITY SKETCH I awD oar aNe rrwo • o[Ainn nw z ioa i IuTx C4l[D rpy N Der. vb[A UMSNCx y1ND C'I—. - NJ[ uNrc EASEU[xl a[ Clt[n,yR Dr IEC,b FAlD DN.QTJSNO Nr0 UIR'Y. - :a..,>6 CP.CU[N[ LLSC gANr� xCV D4NSNtlf 4'N C�.PRxT'I) 9JGrN nrUL _ _ _ DmNpT / _" PltC SUBDIVISION PLAN: OMERSET STREET, SAINT JOHN, ANT JOHN COUNTY, N.B. mr '-,CALE 1:100 SITE. MIWOGE AYE. [ SOLTERSET INVESTMENTS (J1316) T^ MEET. NDYNIa ry. ;F GENIVAR �:� n "xe'�. ;URVEYOR'S _STATEMENT HEREBY CERTIFY THAT THIS PLAN IS CORRECT. TENTATIVE S N.e.l.s. IN.. JRVEYED BY: ANDREW K. TOOLE, N.B.L.S. 4TED: APRIL 3, 2013 4379 IAMN: T Ralf ANT CHMIRD: ' NI 4� ND.�f ]1- IJDaN -CO 109 a, , ♦r . SITE. � + 5 AVESTMEN r ��" MILUDGE • SOMERSET INVESTMENTS LTQ: (J1316) PROPOSED TOWER CENTER K ELEVATION p`�` ":, TOWER BASE = 49.Om 1 NA083 (CSRS) EAST 2532258.842 NORTH 7365559.711 $ET y JTS LYn." ; . '� NA083 (CSRS) LATITUDE N45' -17'- 22.72" LONGITUDE W66' 19.67' ;��vi'i„ -05'- x: Nit' UC tZ AfV t STMENTS F t� PRELIMINARY SKETCH: _ l / PROPOSED TOWER SITE �`� Plo vatizesae 8 NORTH OF SOMERSET STREET, SAINT JOHN, SAINT JOHN COUNTY, N.B. / 5`t� �- 68.] MAIN STREET, HfLYARD PLA ;E SAIN TJOH N. NE:: BRN--V ".=K FEB6HO �UlB GENIVAR 4•JIM.- '.GENIt:'AR.COM metres 40 o 4D 120 16o SCALE 1;2000 DRAWN: AKT FIELD: ANT CHECKED-. DAIS: FEBRUARY 15. 2013 JOB Na: 131 - 13708 -00 I CAD-1 31-13708-570 1 SCALE; 1; 2000 109 ;aussi disponible en frangais; Type of Application ❑ Nunicipal Plan Amendment ❑ Subdivision ❑ Similar / Compatible Use Zoning By -law Amendment ❑ Variance ❑ Temporary Use ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change 1 Re-establishment of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information Name of Applicant 4 t Mailing Address of Applicant (with Postal Code) � � 1� 1"� \ice ti rs( I Q Q t Y°l�` ��il �''� �►1 E21- Home Telephone Number Work Telephone Number L5E�1c)?-- �44c E, Fax Number Z� E -mail ac i CC L + I)M Name of Property Owner (if different from applicant) M IQ U1 I LlbNLUCk V-f k DIWEM KLC Mailing Address (with Postal Code)�� / Property'mfo�r,{mation �Dqc) Location &ad 1 t4a Q�m-(! OC)3-1- iii 2 2 -- 1'S Civic # Street PEI) Existing Use of Property 1,11 ar-ss Ca ( Proposed Use of Property (� �y ��4 j lY1C l�) c Stq-o� Existing Plan Designation of Property Proposed Plan Designation of Property Existing Zoning of Property Proposed Zoning of Property �^ _ o�G &, DE Description of Application l0 Describe what you propose to do (attach additional pages if necessary). n A tL NAY 3 NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writing) to required. Signature of Applicant Signature of Owner' � Pp Date Date I this application is For Office Use Only Reviewed by Date _ Development Officer Information Accompanying Application: ❑ Letter of Intent ❑ Tentative Subdivision Plan ❑ Floor Plans ❑ Site Plan ❑ Building Elevations ❑ Sign Drawings ❑ Fee ❑ Other P.O. Box 1971 Saint John, NB Canada M 4L1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E2L 4L1 SAINT JOHN 110 czbalt Date: May 30, 2013 COBALT PROPERTIES LIMITED Mercantile Centre 55 Union Street Saint John, NB Canada E2L 5B7 T 506.202.1000 F 506.202.1111 Description of Application Our client proposes to rezone PID's 00337022, 55050892, and a portion of 55183800 from RFM (Rural Mobile Home) to 1 -2 (Heavy industrial). We propose this rezoning for the purpose to erect a pylon sign on PID 55050892 as shown on attached plan. We also propose this rezoning to rectify the issue of the zoning on the access road to Canaport. The access road was originally built as an emergency access road. Initially it was a dirt road and not used as the main access road. The main access road to Canaport is now the LNG access road. Over time it became necessary for Canaport to have its own main access and at that point in time the road was built up and paved to be used on a daily basis. 111 ve RFM y lo� 0-1 1-2 r == -Y .00 • RF `r 4P# 7. ;E OVER ALL RETAINER: r-4'( FILLER -1/4-) 13- VIE „W aw- 1, mob Ms ARV I N G 161-A-me—c- .'r,"a APPLIED ON FIRST SURFACE FILLERAND RENNET z 3.8r it lmmmmmm.-- LEFT SIDE VIEW IRVING F-1 GRAPHIC ELEVATION SCALE. 318'- f'• O" NINT 10 12-13 MNTED WHITEWM 0, FULM WITH STRUCTURE w. FAB FROM STEELAMME WtTHALUM 0014EANG PANTED WHITE IRVM GI AUMNUM R%CE WWWRORNMIAM ions B� DWA HMM6 N04Rivit:. Mal NO2! SE-W o rACE ZM 0816 Parkway, Montmar.cic, HijiN7 0 FILLER JF MATCNING Stwp Or x SaVd-Mm, NO. aP Blmckbum B. WN09LUEMPYL Cl *TY G10Mee Dadmp. :%Wkod. x P . . I :1 A.. x VM ACES PK113f:NTFD VhOTE 41922 XLED ON NEW WUH KOCKS. VINYL GRAPHICZE APPUED ON FIRST SURFACE BACKGRDLINUTRANSCUCENT IRVING15LUE IN GI AUMNUM R%CE WWWRORNMIAM RED 0363683 IFMNG BLUE fff 121- 1IR I VING COLORS DESCRIPTION r t._ Tkf',l4Z'�'1C,aD SMWS I ions B� DWA HMM6 N04Rivit:. Mal NO2! ommor mv !su 0816 Parkway, Montmar.cic, HijiN7 iF-08TMDMADMn Adft. X11 1 04 1 2013 Stwp Or x SaVd-Mm, NO. aP Blmckbum B. Mg)IRANGWKTrE Cl *TY G10Mee Dadmp. :%Wkod. x P . . I :1 A.. x VM XLED ON NEW CRETE ME IN 1/32* DEPTH GROOVE RIGHT SIDE VIEW RED 0363683 IFMNG BLUE fff 121- 1IR I VING COLORS DESCRIPTION r t._ Tkf',l4Z'�'1C,aD SMWS I ions B� DWA HMM6 N04Rivit:. Mal NO2! ommor mv !su 0816 Parkway, Montmar.cic, HijiN7 mol � Pame ackmose co .2012-160 Adft. X11 1 04 1 2013 Stwp Or x SaVd-Mm, NO. aP Blmckbum B. Cl *TY G10Mee Dadmp. :%Wkod. x P . . I :1 A.. x onomw Dwft 209476m1 BN1 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 12.50 in. Sales Rep: Doug Thomson PROPOSED ZONING BY-LAW AMENDMENT RE: 2240 REDHEAD ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, July 29, 2D13 at 630 p.m., by: Rezoning a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Nos. 00337022, 55050892 and a portion of PID No. 55183800, from "RFM" Rural Mobile Home to "1 -2" Heavy Industrial, as illustrated below. —' REASON FOR CHANGE: To recognize an existing access road and permit an entrance sign for Canaport. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 6:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 648 -3703 PROJET DE MODIFICATION DE L'ARRtft SUR LE ZONAGE OBJET: 2240, CHEMIN RED HEAD Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'arrete sur le nonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra clans la salle du conseil le lundi 29 juiliet 2013 8 18 h 30: Rezonage d'une parcelle de terrain d'une superficie d'environ 1,5 hectares, situ6e au 2240, chemin Red Head, et portant les NID 00337022, 55050892, et 6tant aussf une partie \ du NID 55183800, de zone rssrale de malsons mobiles « RFM zone :6 7� d'industrie lourde « 1 -2 comme le montre la carte ci- dessous. RAISON DE LA MODIFICATION: Reconnaltre une route d'acces existante et permettre 1'6rection d'un enseigne 6 I'entr6e de Canaport. Toute personne int6ress6e peut examiner le projet de modification au bureau du g reffier communal ou au bureau de I'urbanisme et du d6vefoppement 6 I'h6tel de vifle situ6 au 15, Market Square, A Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit ii I'attention du soussign6 6 I'h6tel de ville. Si vous avez besoin des services en franpis pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 648 -3703 Ad Number: A80731 Ad ID: 6534329 Current Date: Jun 25 2013 03:59PM Start Date: 7/2/2013 End Date: 7/2/2013 Color: 8/W Client Approval OK p 114 Corrections ❑ BY -LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Nos. 00337022 55050892 and a portion of PID No. 55183800, from "RFM" Rural Mobile Home to "I -2" Heavy - Industrial - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2013 and signed by: Mayor/Maire ARRETE No C.P.110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a ddcrdte ce qui suit : Uarretd sur le nonage de The City of Saint John, ddcrete Ie dix -neuf (19) ddcembre 2005, est modifid par: 1 La modification de 1'annexe «A », Plan de zonage de The City of Saint John, permettant do modifier la designation pour une parcelle de terrain d'une superficie d'environ 1,5 hectares, situde au 2240, chemin Red Head, et portant les NID 00337022 et 55050892, et dtant aussi une partie du NID 55183800, de zone rurale de maisons mobiles « RFM » a zone d'industrie lourde « 1 -2 - toutes les modifications sont indiqudes sur le plan ci joint et font partie du prdsent arrdtd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arretd le 2013, avec lcs signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 115 Planning Advisory Committee July 17, 2013 Your Worship and Councillors: SUBJECT: Rezoning Application 2240 Red Head Road P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 41,1 City of Saint John On June 24, 2013 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its July 16, 2013 meeting. Staff gave a brief outline of the application and informed the Committee that the freestanding sign had been erected on Friday, July 12t` without obtaining the required approvals. Staff also had indicated that the sign was not placed according to the proposed site plan and that it may be located within the front yard setback area. A revised site plan depicting the as built conditions would be required to determine whether a variance would be required. Mr. Richard Turner of Hughes Surveys and Consultants, representing the applicant, appeared before the Committee and was in agreement with the staff recommendation. Mr. Turner explained that the erection of the freestanding sign was a result of miscommunication and that the applicant did not intentionally put up the sign without the proper approvals. He noted that the applicant was in the process of trying to determine the cause of the miscommunication, but have yet to come to an answer. He also stated that his company had confirmed the precise location of the sign and had prepared a revised site plan. He indicated that he would be submitting the revised site plan to the City within the week. Crystal Albert, the applicant, appeared before the Committee to answer questions. She reiterated that erecting the sign in advance of the approval of the rezoning was an accident and that they had yet to determine how it had occurred. She explained that the reason why the sign was not placed in accordance with the proposed site plan was because the crew installing the sign determined that it would have been blocked by foliage on site. She expressed that if a variance is required that she would submit an application to rectify the issue. Cheryl Armstrong of 2257 Red Head Road appeared before the Committee to speak against the rezoning application. She expressed concerns that the applicant was not respectful of the process and that the situation made her feel as if her input and concerns were not appreciated. She asked why it was necessary to 116 -2- rezone PID 00337022 when neither the access road nor the freestanding sign were located on that PID. She expressed concerns about the size of the freestanding sign, stating that it detracts from the rural and coastal character of the area. She also expressed concerns with regards to any potential increase in truck traffic associated with permitting the access road and the sign identifying access to the Canaport site. The Planning Advisory Committee discussed the application at length and expressed concerns regarding the applicant's consideration and respect for the Committee and the development review process. It was noted that the applicant has erected similar signs across the City, as well as throughout the Maritimes and the north- eastern United States and should know better than to erect a freestanding sign without a building permit. The Committee was also unhappy that the applicant was unable to provide answers as to what miscommunication had taken place and that the party responsible for erecting the freestanding sign was not present to answer questions. No one else appeared before the Committee to speak in favour or against the application, and no letters were received. After considering the report and comments made by the applicant, the Committee adopted a motion to table the application to allow staff to gather more information on the sign with regards to design, location, potential impact on neighbouring properties; and to gather information on the access road with regards to construction and design. RECOMMENDATION: That Common Council hold the scheduled Public Hearing but not make a decision until the Committee has received additional information on the application and has submitted a recommendation on the proposed rezoning. Respectfully sub ' ed, � J M gan ga Chair JC Project No. 13 -131 117 6 7he City of Saint john DATE: TO: FROM: JULY 12, 2013 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES FOR. MEETING OF JULY 16, 2013 PREPARED BY: REVIEWED BY: Jeffrey Cyr Planner Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: Name of Applicant: Cobalt Properties Name of Owner: Irving Oil Limited Location: 2240 Red Head Road PID: 55050892, 00337022 and a portion of 55183800 Municipal Plan: Rural Industrial Area Zoning: "RFM" Rural Mobile Home Proposal: To erect a freestanding sign Type of Application: Rezoning, s Rt3, Box 1971 .Gjint john, N6 Canada F2�f1 I Rwvw.,. °:ntjcrhn.r_�. C.i `971 Saint john, NA, Canada E2L4L1 Cobalt Properties Limited Page 2 2240 Red Head Road July 12, 2013 JURISDICTION OF COMMxTTEE: The Community Planning Act authorizes the Planning Ad,% isory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee recommendation will be considered by Common Council at a public hearing on Monday, July 29, 2013, STAFF RECOMMENDATION TO COMMITTEE: That common council rezone a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Nos. 00337022, 55050892 and a portion of PID No. 55183800, from "RFM" Rural Mobile Home to "I -2" Heavy Industrial. INPUT FROM OTHER SOURCES: Bell Aliant has been advised of this application. Infrastructure Development Service has no objections to this application. Inspection & Permitting Services has no objections to this application. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have no objections to this application. Rogers has been advised of this application. Saint John Energy has been advised of this application. Saint John Fire Department has no objections to this application. ANALYSIS: The subject site is located at 2240 Red Head Road, at the intersection of Red Head Road and an access road connecting to the Canaport Receiving Crude Terminal. The site has a street frontage of approximately 90 metres along Red Head Road and a lot area of approximately 1.5 hectares. It is located in a rural area containing a small number of single family residential properties as well as a large industrial facility, the Canaport LNG Terminal. The subject site contains the first 150 metres of an access road connecting Canaport to Red Head Road. The access road was initially constructed between 2006 and 2008 as an emergency access. Over time the property owner determined it to be necessary to pave the road and upgrade it to a permanent access road to support the operations at Canaport. No planning approvals were obtained for the construction of this access road. The applicant submitted the present application when this apparent oversight was brought to its attention. 119 Cobalt Properties Limited 2240 Red Head Road Page 3 July 12, 2013 The applicant also proposes to erect a freestanding sign at the entrance of the property. The sign will be set hack 7.5 metres from both Red Head Road and the access road connecting to Canaport, as illustrated on the attached plan. The sign will be approximately 7 metres in height with a total sign area of 16 square metres. The property owner, Irving Oil Limited, has erected similar signs at other industrial facilities throughout the City. Details of the proposed sign are attached to this report. The site is on the edge of the Rural Industrial designation in the Municipal flan and is zoned "REM" Rural Mobile Home. The zone permits a variety of rural residential and institutional uses, but does not permit a sign with a sign area of greater than 4.8 square metres. The "RFM" Rural Mobile Home Zone also does not permit an access road to an industrial facility. The applicant has requested to have this property rezoned from the "RFM" Rural Mobile Home Zone to the "1 -2" Heavy Industrial Zone to rectify the issue of zoning for the access road to Canaport and to permit the erection of the above -noted freestanding sign. The Municipal Plan recognizes the existence of a number of capital intensive heavy industrial facilities located outside of designated industrial parks and supports the rezoning and re- designation of adjacent land for Heavy Industrial uses providing it is generally compatible with the surrounding land uses. As this rezoning application is for the purpose of rectifying an existing zoning non - conformance for the aforementioned access road and to permit the erection of a freestanding sign at the entrance to an existing heavy industrial facility, the impact on the surrounding neighbourhood is considered to be minimal. The proposed sign is consistent with the provisions of the "I -2" Heavy Industrial Zone and will be appropriately set back from Red Head Road. Given these observations, approval of the proposed rezoning is recommended. CONCLUSION: The application to rezone the subject property from "RFM" Rural Mobile Home to "1 -2" Heavy Industrial is consistent with the Municipal Plan and will have no adverse impacts on the surrounding area. The rezoning represents a minor adjustment to the existing zone boundary and is necessary to rectify zoning non - conformance issues regarding an existing access road to the Canaport site and to permit a freestanding sign at the entrance to the property. Approval of the application is recommended. JC Project No. 13 -131 120 PLANNING AND DEVELOPMENT /URBANISME ET DtVELOPPEMENT 21 RS -2 I -2 O Subject Site /site en question: 78 7 Location: 2240 Chemin Red Head Road Date: June 18 Juin 2013 Scale /echelle: Not to scale /Pas A Mchelle 121 5 's `rte . 1W: PID(s) /NIP(s): 55050892,55183800 & 00337022 s ► ti 4 p ' " �"t!T + •.�.. a .,�►��i i � r LJOT SADE VIEW AOP%- IRVING 1%13W,' W.RfQ m OWN ALL womim: f Falm%.thm isr , 7up - "-k I FIL r 91—G"F f lkwmm "Am am". fur FAX Wolff WE WEW momm"s — FMA" W.M 14, G l�sh1� w1 T July 23, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Illegally Placed Signs I have received numerous calls from citizens throughout the city complaining about real estate directional signs and other business signs placed on streets corners and intersections in every area of our city, not only do these signs look unattractive but in many cases are unsafe for motor vehicle drivers and pedestrians. Our By -Law advises that real estate signs are to be placed only in front of the property for sale. Some of these signs are placed so that drivers cannot see oncoming traffic. Several Real Estate Agents and other small companies have sandwich board signs placed at intersections which are in the way of citizens walking on the sidewalks, etc. therefore dangerous to the safety of the public. All of the major Real Estate companies in our city are aware of the nuisance that these signs cause however they are reluctant to remove them unless they can be assured that the city will enforce the by -law that we have in place presently and assure them that Private For Sale signs, Insurance Company signs, Lawn care maintenance signs, etc. are removed. Motion: That we advise through our media outlets present here this evening that all business signage and directional signage that does not adhere to our by -laws be removed from every area of the city within the week and if not, by this motion we advise our staff to remove all signs and if that is not possible we will engage a private operator to do so and that all signage removed will be taken to our Rothesay Ave location where a fee will be charged to the owner to obtain possession of their sign, and further that for the future our Works Department trucks be on the alert for improper signage and be given authority to remove any signage that is improperly placed. Respectfully Submitted, (Received via email) Shirley McAlary Councillor at Large City of Saint John �r VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 124 July 23, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Multi -City Working Group Presentation Background: On behalf of Vibrant Communities Saint John and our partners in the Saint John Urban Transportation Initiative, I am requesting the opportunity to present an update regarding The Initiative to Council. When last we presented to Council (August 2012), we shared the results of our research and community engagement efforts related to the accessibility and affordability of our public transportation system. The past year has realized exciting new developments for The Initiative, and revealed opportunities for true transformative change that would benefit low- income residents living in New Brunswick's urban centres. We would like to share these updates with Council at the earliest opportunity. Motion: That Common Council direct the Clerk to schedule a presentation with the Multi -City Working Group. Respectfully Submitted, (Received via email) Donna Reardon Councillor - Ward 3 City of Saint John �r VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 125 REPORT TO COMMON COUNCIL 18 July 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Fundy Quay Planning for the Fundy Quay development is progressing at a quickened pace in recent weeks. With the pending signing of the Purchase and Sale Agreement the Saint John Development Corporation is proceeding to activate further preparations for development. The preparations and costs include; $85,000 — Development of seawall specifications (for tendering purposes) $65,000 — Survey and Legal services, public relations, and HP cost estimate $70,000 — Environmental remediation planning (file closure with NBDOE) These costs ($220,000) have not been budgeted for in 2013 and the existing SJDC budget will not adequately cover the costs associated with these expenditures. At the present time SJDC has $6,000 remaining capital funds allocated for Fundy Quay. Therefore, the supplemental capital request is for $214,000. The current financial arrangements on Fundy Quay have already created a new revenue stream for the City of Saint John. The new DFO Lease has already generated $323,000 in new revenue for the City and the lease provides for an on- going monthly payment of $26,667. In addition, the Parking Commission receives revenue from the Fundy Quay property. Since acquiring the Fundy Quay lands the Parking Commission has received $160,000 in new revenue with a go- forward "new" revenue stream of $12,000 monthly. Essentially, the Fundy Quay property is generating a new revenue stream of $38,667 monthly ($464,000 annually) for the City of Saint John and the Parking Commission. When fully developed, the property will also yield an increase in property tax revenue to the City. 126 Once the Purchase and Sale Agreement has been signed by the developer, SJDC intends to commence with the above mentioned preparatory measures. Therefore, SJDC is requesting Mayor and Council to authorize the funding to the Corporation in order to proceed. This is a reasonable request and is necessary in order to proceed with development of the Fundy Quay site. The increased capital allocation will be applied against the City's 2014 capital program envelope so as to stay within our overall funding capacity. Recommendation; That Common Council authorize the SJDC, upon receipt of a signed Purchase and Sale Agreement from the proposed developer, to proceed with securing the professional services related to environmental remediation planning, creation of seawall refurbishment specifications and necessary legal, technical and public relations services surrounding the Fundy Quay development with total cost of these services not to exceed $214,000 plus HST and further that the City pay to SJDC an amount not exceeding $214,000 plus HST, toward the cost of said professional services. Respectfully submitted, � 1 C)O,& J. Ntrick Woods CGA Manager 127 NIC.-FI-ii-F-0 R7 TO CO-MA410N COUNCIL M & C —200 161 July 23, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Execution of a Section 101 Agreement on 460 Latimore Lake Road (PID 00334565) and Third Reading to Rezone a portion of the lands adjacent to 460 Latimore Lake Road (PIDs 55214332, 00334599, and 00333419) BACKGROUND: City of Saint John Common Council, following its March 4, 2013 Public Hearing, gave first and second reading to the rezoning of lands adjacent to the existing gravel pit at 460 Latimore Lake Road (portions of PIDs 55214332, 00334599, and 00333419) from "RF" Rural to "PQ" Pits and Quarries. As recommended by the Planning Advisory Committee, third reading of the proposed rezoning was conditional upon the City and the owner of 460 Latimore Lake Road entering into a Section 101 Agreement which would stipulate required improvements and upgrades to the existing gravel pit operation at 460 Latimore Lake Road (PID 00334565). Section 68(6) of the Community Planning Act requires that third reading of a proposed zoning bylaw amendment must occur no later than six months from the date of the first notice of the public hearing. In this case, the last date that Common Council may consider third reading is Monday July 29, 2013 as this is the last Common Council meeting prior to the six month expiration date of August 5, 2013. 128 M &C -2013 - 161 July 23, 2013 ANALYSIS -2- Since first and second reading of the proposed rezoning were granted, the applicant has worked with their consultant and City staff from Growth & Community Development Services to develop an acceptable site plan, rehabilitation plan, and drainage plan that together, clearly delineate the physical improvements to the site that are required in order to execute the Section 101 Agreement and proceed with third and final reading of the rezoning. The attached Section 101 Agreement and accompanying Schedules achieve this by describing and delineating the conditions, which include the following: a. The approximately 9.8 hectares of exhausted open pit area that will be rehabilitated in three phases, starting in 2013, continuing through 2014 and finishing by 2015; b. The approximate boundaries of the future excavation area on this property, which will now be restricted to 12 hectares of land; c. A drainage plan that will ensure appropriate control of stormwater on -site; d. The approximately 500 metres of additional hard - surfacing that will be added to the existing haul road; e. The location, size and spacing of trees that will be planted along both sides of the entrance road, from Latimore Lake Road to the front of the on -site office building; f. The 30 metre buffer areas that extend the length of the gravel pit that must be fully rehabilitated; g. The current location and future permanent location of the crusher and other processing infrastructure on -site; and h. The areas at the front of the gravel pit operation, adjacent to Latimore Lake Road, where there is on -site debris, including vehicle parts, that must be removed by the end of 2013. The attached Section 101 Agreement, which includes the site plan, rehabilitation plan, and drainage plan as the schedules to this agreement, has been prepared and approved by staff and signed by the land owner, Jerome Langille. This Section 101 Agreement, if executed by Council, will be registered on title, subject to the approval of the rezoning of the lands adjacent to 460 Latimore Lake Road. 129 M &C -2013 -161 -3- July 23, 2013 RECOMMENDATION: Your City Manager recommends that Common Council: 1. Authorize the City's execution of the Section 101 Agreement with Jerome Langille respecting the development of 460 Latimore Lake Road (PID 00334565); and 2. Give third reading to the proposed Zoning Bylaw Amendment that will rezone a parcel of land located adjacent to 460 Latimore Lake Road, described as a portion of each of PIDs 55214332, 00334599, and 00333419 from "RF" Rural to "PQ" Pits and Quarries, and in conjunction therewith adopt the following resolution: "RESOLVED that the specific proposal to rezone as "PQ" Pits and Quarries the lands identified as a portion of each of PIDs 55214332, 00334599, and 00333419 for the purpose of carrying out the establishment of an open pit aggregate operation to extract sand and gravel, be subject to the following terms and conditions pursuant to the provisions of section 39 of the Community Planning Act: a. The use of the subject site shall be limited to the excavation of aggregate material and will not include blasting. Site development shall be undertaken in accordance with the detailed site plan, completed by a professional engineer and approved by the Development Officer prior to issuance of an excavation permit. b. Extracted aggregate material from the site shall be processed using the facilities on PID 00334565 and all trucks and equipment, not being utilized as part of the active excavation of the site, shall not be stored on the site. c. The disturbed area of the site is restricted to a maximum of 5 hectares (approximately 12.5 acres) at all times. All other areas of the site, with the exception of the access driveway, shall remain undisturbed (including retention of existing tree cover) or shall be fully rehabilitated (including re- vegetation of the excavated area) in accordance with the detailed site plan approved by the Development Officer prior to issuance of an excavation permit. d. All access to the site shall be from the existing driveway and internal haul road located on 460 Latimore Lake Road (PID 00334565), in accordance with the detailed site plan. e. A water supply must be maintained on the site and be used to limit the amount of dust raised, with the method for dust management to be identified as a note on the site plan, approved by the Development Officer prior to issuance of an excavation permit. 130 M&C- 2013 -161 July 23, 2013 -4- f. Any equipment used on the site must be equipped with fully functional noise- suppressing mufflers to the satisfaction of the Building Inspector. g. In addition to the requirements contained in Section 680(10)(d) of the Zoning Bylaw, no part of the excavation area shall be excavated to an elevation lower than approximately 120 metres (395 feet) above sea level, in accordance with the detailed site plan approved by the Development Officer prior to issuance of an excavation permit. h. The hours of operation shall be limited to Monday to Friday from 7:00AM to 6:OOPM. i. A detailed stormwater drainage plan and design report must be submitted by the applicant's engineering consultant for review and approval by the Chief City Engineer, prior to the issuance of an excavation permit. Respectfully submitted, Amy Poffenro , P.Eng., MBA Acting Commissioner Growth & Community Development Services J. Patrick Woods, CGA City Manager Attachments: Section 101 Agreement and Schedule A, B, and C, July 19, 2013 Planning Advisory Committee Recommendation, February 21, 2013 Planning Advisory Committee Report, February 19, 2013 SF Project No. 13 -020 131 PID #00334565 THIS AGREEMENT made this (� �' day of July, 2013. BY AND BETWEEN: JEROME LANGILLE, of 460 Latimore Lake Road, Saint John, New Brunswick, E2N IX3, hereinafter the "Developer" OF THE ONE PART and THE CITY OF SAINT JOHN having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter the "City" OF THE OTHER PART WHEREAS the Developer hereby represents himself to be the owner in fee simple of lands (the "Lands ") identified by PID 00334565, having civic address 460 Latimore Lake Road, in the City of Saint John; and WHEREAS the Lands are zoned PQ (Pits and Quarries) in the City's Zoning By -Law and have been developed as such, housing amongst other things a related equipment maintenance and repair shop as well as a stone crushing operation; and WHEREAS an application has been received by the City to rezone to the PQ (Pits and Quarries) zone a parcel of land comprised of portions of PIDS 55214332, 00334599 and 0033419 and lying immediately to the east of the Lands; and WHEREAS the Developer proposes to undertake development upon the Lands as will more fully appear herein, including the construction of an extension of a private road which will provide access and egress by persons, vehicles and equipment to and from the adjacent property identified in the immediately preceding recital; and WHEREAS the Developer has proposed to establish conditions respecting the development referred to in the immediately preceding recital, which conditions are additional to those required by the City's Zoning By -Law; and WHEREAS the City has authorized the execution of an agreement respecting the Developer's proposals as referred to in the immediately preceding recital in accordance with the provisions of section 101 of the Community Planning Act, Chapter C -12, R.S.N.B. 1973 and amendments thereto; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto for and in consideration of these presents and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, agree each with the other as follows: 1. That the Developer shall (a) rehabilitate approximately 9.8 hectares of the Lands in accordance with the applicable provisions respecting the rehabilitation of pits and quarries found in the 132 -2- City's Zoning By -Law and also in accordance with all relevant aspects of the Plan titled "Latimore Lake Road Gravel Pit and Quarries" (comprised of Sheets numbered 1, 2 and 3 respectively), dated July 8, 2013, prepared by Genivar and impressed with the professional engineer stamp of Michael A. Gary, a copy of which Plan is attached hereto and forms a part hereof as Schedule "A "; (b) complete the rehabilitation of the areas set out on Sheet #2 of the aforesaid Plan, which sheet is subtitled "Rehabilitation Plan", in accordance with the requirements of the City's Zoning By -Law in effect from time to time and in accordance with the time schedule identified on the said Sheet #2. For greater certainty and by way of example, where on the said Sheet #2 the words "Phase 2 (2014)" appear, they signify that the required rehabilitation of the area designated on Sheet 42 as "Phase 2" is to be completed not later than December 31, 2014; (c) execute the Drainage Plan as set out on Sheet #3 of the aforesaid Plan, which Sheet is subtitled "Drainage Plan ", in accordance with the notations found on said Sheet #3 and complete the execution of the aforesaid Drainage Plan as follows: respecting the area identified on Sheet #2 of the aforesaid Plan as "Phase 1 ", not later than December 31, 2013; respecting the area identified on the said Sheet #2 as "Phase 2 ", not later than December 31, 2014; and respecting the area identified on the said Sheet #2 as "Phase 3 ", not later than December 31, 2015; (d) construct at his sole cost and expense a 500 metre long extension of the dust -free hard surface roadway existing on the Lands as of the date of the execution of these presents, the location and dimensions of the dust -free hard surface road extension being more precisely set out on Sheet #2 of the said Plan. The completion of such extension shall be achieved not later than the 31" day of December, 2013 to the satisfaction of the Chief City Engineer, the expression of which satisfaction shall not be unreasonably withheld; (c) plant a mix of trees along both sides of the internal haul road from the entrance gate to the on -site shop, a distance of approximately 160 metres and as illustrated more fully on Sheet #2 of the Plan, which Sheet also identifies the size and spacing of such plantings; (f) rehabilitate in accordance with the applicable provisions of the PQ zone set out in the City's Zoning By -Law and the notations found on the Plan, the 30 metre buffer areas illustrated on the Plan, which rehabilitation shall be completed not later than December 31, 2013; (g) relocate at his sole cost and expense the stone crusher equipment, from its location at the time of the execution of these presents, to the location identified by the words "Future Location of On -Site Crusher" on Sheet #2 of the said Plan, not later than the 31 n day of December, 2013; (h) restrict future pit and quarry related operations upon the Lands to the two areas identified by the words "Future Excavation Site" on Sheet #1 of the said Plan and having approximate areas of 4.6 ha and 6.0 ha respectively, it being agreed and understood that the total area of future pit and quarry related operations shall not exceed 12 ha. For greater certainty the Developer agrees that all vegetation on the remaining portion of the Lands as of the date of the execution of these presents, shall remain undisturbed; (i) maintain the location of the limited processing infrastructure situate in the active excavation area in the larger pit upon the Lands, which location is identified by the words "Existing Location of Processing Infrastructure" on Sheet #2 of the said Plan; (j) remote used vehicle and equipment parts and other items stored upon the Lands which storage is not permitted in the PQ zone and which is located so as to be visible from the Latimore Lake frontage of the Lands; such removal must be completed not later than December 31, 2013 and in accordance with the City's Unsightly Premises and Dangerous Buildings and Structures By -Law, as determined by the City's Building Inspector. 2. That the hours of operation of any pit and quarry related activity upon the Lands shall be limited during Monday through Friday inclusive to the hours of 7:00 am and 6:00 133 -3- pm, and on Saturdays from the hours of 7:00 am to 5:00 pm with no such activity permitted to occur on a Sunday. 3. (a) The City shall conduct an on -site inspection of the Lands in the summer of 2013 in order to determine whether the portion of the Lands comprising an area of approximately 6.5 hectares (16 acres) fronting on Latimore Lake Road has been rehabilitated as required by the applicable provisions of the PQ zone in the City's Zoning By -Law. (b) In the event the aforesaid inspection results in a determination that the applicable rehabilitation requirements of the City's Zoning By -Law have not been met, then upon the Developer's being notified by the City of that determination, his obligations pursuant to the provisions of section I (b) hereof shall be deemed to have been amended so as to extend to the rehabilitation of the aforesaid 6.5 hectare (16 acre) area. Furthermore the Developer shall, in such event and within 30 days of receiving such notification, submit to the City's Development Officer an amended Sheet #2 of the said Plan reflecting the applicable rehabilitation provisions of the City's Zoning By -Law, and must obtain the Development Officer's approval of such amended Sheet 42 within 30 days of its having been delivered to him, which approval shall not be unreasonably withheld. 4. Any notice required hereunder shall be satisfactorily given if in writing and (a) in the case of the Developer delivered by personal delivery or by prepaid registered mail addressed to Mr. Jerome Langille at 460 Latimore Lake road, Saint John, New Brunswick, E2N 1X3; notice by prepaid registered mail shall be deemed to be received on the fourth business day following its mailing; and (b) in the case of the City delivered by personal delivery or by prepaid registered mail addressed to The City of Saint John, 15 Market Square, P. O. Box 1971, Saint John, New Brunswick, E2L 4L1, Attention: Common Clerk; notice by prepaid registered mail shall be deemed to be recei•. -ed on the fourth business day following its mailing. THIS AGREEMENT shall be null and void if the proposed rezoning of the adjacent lands being identified in the third recital hereof, does not receive third reading within 6 months of the 5 °i day of February, 2013. IN WITNESS WHEREOF the parties have caused these presents to be duly executed as the day and year first above written. SIGNED, SEALED & DELIVERED in the presence of: c;% C t 134 J me Lange le • THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Theodore E. Wilson , a Notary Public in and for the Province of New Brunswick, by Royal Authority, duly appointed, commissioned and sworn, residing and practising in the said Province, DO HEREBY CERTIFY that on the 19 eh day of July 2013 at the City of Saint John, in the County of Saint John and Province of New Brunswick, before me, personally came and appeared Jerome Langille, the Developer named in the foregoing instrument and he acknowledged that he signed, sealed, executed and delivered the same as and for his act and deed to and for the uses and purposes therein expressed and contained. IN TESTIMONY WHEREOF I, the said Notary Public, have hereunto set my hand and affixed my Notarial Seal at the City of Saint John aforesaid the day and year herein above written. NOTARY PUBLIC L' NEW BRUNSWICK 135 136 1-K R'l V, 11 o CEO- 11 IN Z 1. r5 IF r -�l v Jv, 136 137 fill Z Jii APE OQ i �� i �6 ,,�1 a�,l l�J•� � �•� f��J %��T. ". �.,. �;� r� „ 1` f ;'' I �' ig� \, grill � � \v? �G `'3 fir' 3 lr / \ :.t/ :n.' ./f.7.. j/p 86 �6 Hk fin, .\�Y, W.4. :''y . , :; ,'.;4�,.;; r , It .... ..... 4,01 Z g 1:41 p -A CO. 1 '\�� \/ 3� r: i�• �a kid` gp / / o a 137 138 IRI i'M CY _xa 7 IL J ft ` }fig: w. 9 IN. lit co c, fIV ,�;p. Q� 70 -p- ;s -ice' L-JI - Nj xr- bi i � U � ' '�CisQ \ l ti \ ----- --- – --- k 138 Planning Advisory Committee February 21, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint john New Brunswick Canada E2L 4L1 ti' C•1" d r SUBJECT: Rezoning and Variance Lands Adjacent to 460 Latimore Lake Road On February 4, 2013 Common Council referred the above matter to the Planning Ad-6sory Committee for a report and recommendation. The Committee considered the attached report at its February 19, 2013 meeting. Steve Langille of Fundy Bay Holdings Ltd was in attendance. He advised the Committee he was in favour of the staff recommendation with the exception of the hours of operation for 460 Latimore Lake Road. He requested that the existing gravel pit operation, subject to the Section 101 Agreement, be permitted to continue to operate on Saturdays from 7:OOAM to S:OOPM. Staff advised they had no concerns with this change to the recommendation as it is consistent with the "PQ" Pits & Quarries zone, and is a reduction from what is normally permitted. Odette McGrath, an area resident, appeared before the Committee and expressed concern with the impacts from the existing operation at 460 Latimore Lake Road that have not been addressed. Noise, dust, mildew on homes, lack of rehabilitation in the gravel pit and the environmental health issues from the operation were identified as key concerns. Ms. McGrath also expressed concern for the broader community from the heavy truck traffic, pot holes in the streets, risks to children in the area, and their location, as it is downwind from the operations. The Committee asked Ms. McGrath if she felt that the conditions that were being proposed would create a better environment for her and her family. Ms. McGrath reiterated her concerns with the conditions not being enforced by the City in the past and wanted to understand why this time would be different. She also advised the Committee that the conditions will not limit the truck traffic or take all of the dust away. 139 -2- Tim McGrath, an area resident, appeared before the Committee and expressed concerns with the lack of sidewalks in the area to protect residents from the truck traffic. He also expressed concerns that the City has not enforced existing conditions with the operation at 460 Latimore Lake Road and that this would only increase the problems with dust, noise and traffic they have had to live with. Mr. McGrath also asked why once a pit has been exhausted, is the "PQ" zone not lifted to prevent the operator from re- opening in the future. He also expressed concern with the driveway through the existing pit as it is not setback and adjacent to the property line. Richard Hachey, an area resident, appeared before the Committee and advised that there are area rumours concerning other neighbours that have indicated if this application is approved, they will proceed with their application for "PQ" Pits and Quarries zone, Michelle Duffield, and area resident, appeared before the Committee and expressed concerns with the impact this pit has on the children in the Community Centre. The heavy truck traffic, noise and dust are key concerns that are , in her opinion, driving residents out of this community. Sylvia Mattson, an area resident, appeared before the Committee and expressed concerns with the potentially negative effect the operations will have on the series of lakes in this area. Ms. Mattson informed the Committee about her community stewardship activities which include cleaning the road of dust and debris from the trucks, removing garbage and maintaining the area `honey - hole', where children and visitors can stop and relax. She advised that she does everything she can to keep herself and her neighbours safe and she asked that Fundy Bay Holdings Ltd. staff should work toward the same. Ms. Mattson also advised the Committee of the wildlife she has seen in this area and expressed concern that the pit operation would have a negative effect on this in the future. Steve Langille then addressed the Committee again and reiterated the conditions that he would be bound by should he receive the approval. He also advised the Committee that this area of the City has long been an aggregate resource area and that his pit does not have all 175 acres actively excavated. He also discussed the on -going rehabilitation of the site and what they have done to invest in the property and improve the site for the community. He also spoke of his fleet's safety record and advised the Committee that it is excellent. Mr, Langille then also addressed the neighbours directly and their concerns about area wildlife and he advised that he is looking forward to the day when his pit is used as a model for operations and rehabilitation, In response to questions from the Committee, staff reviewed the proposed Section 101 conditions and elaborated on what each one would mean and how it would improve the existing operation, particularly the requirements for rehabilitation specifications and timelines, and the limitation to the size of the operation going forward. The Committee then asked the applicant several questions regarding the management of the operation, the existing rehabilitation and planned rehabilitation, and what his plans for the future of the operation are. 140 -3- In addition to the five members of the community that spoke in opposition to the application, there were I 1 letters that were submitted in opposition to the application. A petition was also submitted to staff by Odette McGrath at the Planning Advisory Committee meeting. After considering the report, letters, comments made by the applicant and the concerns expressed by area residents, the Committee recommended approval of the rezoning of the property, ,with a change to condition k in the Section 101 proposed conditions, as set out below. The Planning Advisory Committee also granted a variance to permit the applicant to build the required access road into the site to be rezoned within the 30 metre setback area from the property line, The location is to be identified on the site plan, required to be submitted for approval by the Development Officer prior to issuance of an excavation permit. RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 35 hectares, located adjacent to 460 Latimore Lake Road, also identified as a portion of PID's 55214332, 00334599 and 00333419, from IIRi+" Rural to "PQ" Pits and Quarries. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 35 hectares, located adjacent to 460 Latimore Lake Road (PID 00334565), also identified as a portion of PID's 55214332, 00334599 and 00333419 for a gravel pit be subject to the following conditions: a. The use of the subject site shall be limited to the excavation of aggregate material and will not include blasting. Site development shall be undertaken in accordance with the detailed site plan, completed by a professional engineer and approved by the Development Officer prior to issuance of an excavation permit b. Extracted aggregate material from the site shall be processed using the facilities on PID 00334565 and all trucks and equipment, not being utilized as part of the active excavation of the site, shall not be stored on the site. e, The disturbed area of the site is restricted to a maximum of 5 hectares (approximately 12.5 acres) at all times. All other areas of the site, with the exception of the access driveway, shall remain undisturbed (including retention of existing tree cover) or shall be fully rehabilitated (including re- vegetation of the excavated area) in accordance with the detailed site plan approved by the Development Officer prior to issuance of an excavation permit. d. All access to the site shall be from the existing driveway and internal haul road located on 460 Latimore Lake Road (PID 00334565), in accordance with the detailed site plan. 141 -4. e. A water supply must be maintained on the site and be used to limit the amount of dust raised, with the method for dust management to be identified as a note on the site plan, approved by the Development Officer prior to issuance of an excavation permit. f. Any equipment used on the site must be equipped with fully functional noise - suppressing mufflers to the satisfaction of the Building Inspector. g. In addition to the requirements contained in Section 680(10)(d) of the Zoning Bylaw, no part of the excavation area shall be excavated to an elevation lower than approximately 120 metres (395 feet) above sea level, in accordance with the detailed site plan approved by the Development Officer prior to issuance of an excavation permit. h. The hours of operation shall be limited to Monday to Friday from 7:OOAM to 6:OOPM. L A detailed stormwater drainage plan and design report must be submitted by the applicant's engineering consultant for review and approval by the Chief City Engineer, prior to the issuance of an excavation permit. 3. That Common Council authorize the preparation and execution of an agreement between the City of Saint John and Jerome Langille, owner of the property at 460 Latimore Lake Road (PID 00334565), pursuant to Section 101 of the Community Planning Act, setting out the following additional requirements with respect to the existing gravel pit operation thereon, generally described on Schedule A of this report: a. The owner shall rehabilitate approximately 9.5 hectares (24 acres) of exhausted open pit area to begin in 2013 and be completed by the end of the growing season in 2015. The phasing plan and rehabilitation plan details for the proposed rehabilitation shall be completed by a qualified professional engineer and the final plans, as approved by the Development Officer, shall be included as an appendix to the Section 101 Agreement. b. The owner shall agree to an on -site inspection in the spring of 2013 by Building Inspection, to confirm that the approximately 6.5 hectare (16 acre) area in the front of the property, identified as rehabilitated by the applicant, has been rehabilitated to the "PQ" Pits and Quarries standard. If there are notable deficiencies, the owner agrees to include this area as part of the area to be rehabilitated in 2013 and shall be included in the phasing plan and rehabilitation plan details for the site. 142 -5- c. The owner shall restrict the future disturbed areas of the site to the remaining active excavation areas which, after lands to be rehabilitated have been removed, is approximately 10 hectares (25 acres). To permit operational flexibility, an additional 2 hectares (5 acres) will be permitted to be active excavation area, for a total of 12 hectares (30 acres). All other areas of the site, except for the access driveway, shall remain undisturbed (including retention of existing tree cover) or shall be fully rehabilitated (including re- vegetation of the excavated area) in accordance with the standards of the "PQ" Pits and Quarries zone. The existing disturbed area of the site shall be identified in in the site plan for this operation and attached as an appendix to the Section 101 Agreement. d. The owner shall have a qualified professional engineer complete a drainage plan that is consistent with the rehabilitation plan that achieves on -site containment of stormwater and prevents runoff onto adjacent properties. This plan is to be submitted to the Chief City Engineer for review and approval and shall be included as an appendix to the Section 101 Agreement. e. Tine owner shall extend the existing dust -free hard surface approximately 500 metres from where it currently ends at the entrance to the existing excavated area of the gravel pit, to the edge of the proposed area to be rehabilitated. This shall be identified on the rehabilitation plan, included as an appendix to the Section 101 Agreement. f. The owner shall plant a mix of trees along both sides of the internal haul road from the entrance gate to the on -site shop, a distance that is approximately 160 metres. The spacing and tree size specifications are to be included as part of the rehabilitation plan as accompanying landscape details, to be approved by the Development Officer and included as an appendix to this agreement. g. The owner shall rehabilitate the required 30 metre buffer areas that have been disturbed to -date in both active excavation sites, as per the rehabilitation plan to be submitted for approval by the Development Officer and included as an appendix to this agreement. h. The owner shall relocate the on -site crusher, currently located behind the existing main building, to a location south of the proposed rehabilitation area, as identified on the rehabilitation plan to be submitted for approval by the Development Officer and included as an appendix to this agreement. i. The owner shall maintain the limited processing infrastructure, currently located in the active excavation area in the larger pit, as identified on the rehabilitation plan to be submitted for approval by the Development Officer and included as an appendix to this agreement. 143 -6- j. The owner shall remove the parts vehicle debris, and other storage that is not permitted by the "PQ" Pits and Quarries zone, located in the front of the property. This must be completed, as per the Unsightly Premises and Dangerous Buildings and Structures Bylaw, to the satisfaction of the Building Inspector in 2013. k. The hours of operation shall be limited to Monday to Friday from 7:OOAM to 6:OOPM and Saturday from 7:OOAM to 5 :OOPM. 1, The security requirement for Fundy Bay Holdings Ltd. will be re- evaluated, to ensure it is adequate to rehabilitate this site. This calculation and evaluation will be completed by Building Inspection and any required increase or decrease in the required security will be addressed and finalized, to the satisfaction of the Building Inspector, prior to finalizing the Section 101 Agreement. m. The Section 101 Agreement shall be null and void if the proposed rezoning of the subject site does not receive third and final reading within six months of receiving first and second reading. 4. That Common Council withhold third reading of the rezoning until the recommended Section 101 Agreement between Jerome Langille and the City of Saint John has been drafted, finalized and executed by both parties, ,,� Respectfully Projcd No. 13 -020 144 c.ww 5 ' The CRY arsalnt jalm DATE: FEBRUARY 15, 2013 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & DEVELOPMENT SERVICES FOR: MEETING OF FEBRUARY 19, 2013 PREPARED BY; REVIEWED BY: Stacey o , MCIP, RPP Planner SUBJECT: r ,7Z Wx Mark Reade, P.Eng. MCIP, RPP Senior Planner Name of Applicant: Fundy Bay Sand & Gravel Inc. Naive of Owner: 515129 NB Inc. Location: Lands adjacent to 460 Latimore Lake Road (east side) PID: Portion of PID's: 55214332, 00334599, 00333419 Municipal Plan: Rural Resource designation Zoning: Existing: "RF" Rural Proposed: "PQ" Pits and Quarries Proposal: To rezone the property to permit the establishment of an open -pit aggregate operation to extract sand and gravel. Type of Application: Rezoning and Variance airy - 4 SAINT JOHN P.O. Box 1973 Saint John, NB Camda E2L 4L1 I mm saintjohnza C.P. 1973 Saint of in, N L Canada E2L 40 --' 145 Fundy Bas Sand & Gravel Inc. Lands Adjacent to 460 Latimore Lake Road JURISDICTION OF COMMITTEE Page 2 February 15, 2013 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday March 4, 2013. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. �u-�3 le ^�•Lsr�yi.�A� Mlhl�.��`4��r z�ti —lT STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 35 hectares, located adjacent to 460 Latimore Lake Road, also identified as a portion of PID's 55214332, 00334599 and 00333419, from "RF" Rural to "PQ" Pits and Quarries. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 35 hectares, located adjacent to 460 Latimore Lake Road (PID 00334565), also identified as a portion of PID's 55214332, 00334599 and 00333419 for a gravel pit be subject to the following conditions: a. The use of the subject site shall be limited to the excavation of aggregate material and will not include blasting. Site development shall be undertaken in accordance with the detailed site plan, completed by a professional engineer and approved by the Development Officer prior to issuance of an excavation permit. b. Extracted aggregate material from the site shall be processed using the facilities on PID 00334565 and all trucks and equipment, not being utilized as part of the active excavation of the site, shall not be stored on the site. c. The disturbed area of the site is restricted to a maximum of 5 hectares (approximately 12.5 acres) at all times. All other areas of the site, with the exception of the access driveway, shall remain undisturbed (including retention of existing tree cover) or shall be fully rehabilitated (including re- vegetation of the excavated area) in accordance with the detailed site plan approved by the Development Officer prior to issuance of an excavation permit. d. All access to the site shall be from the existing driveway and internal haul road located on 460 Latimore Lake Road (PID 00334565), in accordance with the detailed site plan. e. A water supply must be maintained on the site and be used to limit the amount of dust raised, with the method for dust management to be identified as a note on the site plan, approved by the Development Officer prior to issuance of an excavation permit. f Any equipment used on the site must be equipped with fully functional noise - suppressing mufflers to the satisfaction of the Building Inspector. 146 Fundy Bay Sand & Gravel Inc. Page 3 Lands Adjacent to 460 Latimore Lake Road )February 15, 2013 g. In addition to the requirements contained in Section 680(10)(d) of the Zoning Bylaw, no part of the excavation area shall be excavated to an elevation lower than approximately 120 metres (395 feet) above sea level, in accordance with the detailed site plan approved by the Development Officer prior to issuance of an excavation permit. h. The hours of operation shall be limited to Monday to Friday from 7:OOAM to 6 :OOPM. i. A detailed stormwater drainage plan and design report must be submitted by the applicant's engineering consultant for review and approval by the Chief City Engineer, prior to the issuance of an excavation permit. 3. That Common Council authorize the preparation and execution of an agreement between the City of Saint John and Jerome Langille, owner of the property at 460 Latimore Lake Road (PID 00334565), pursuant to Section 101 of the Community Planning Act, setting out the following additional requirements with respect to the existing gravel pit operation thereon, generally described on Schedule A of this report: a. The owner shall rehabilitate approximately 9.5 hectares (24 acres) of exhausted open pit area to begin in 2013 and be completed by the end of the growing season in 2015. The phasing plan and rehabilitation plan details for the proposed rehabilitation shall be completed by a qualified professional engineer and the final plans, as approved by the Development Officer, shall be included as an appendix to the Section 101 Agreement. b. The owner shall agree to an on -site inspection in the spring of 2013 by Building Inspection, to confirm that the approximately 6.5 hectare (16 acre) area in the front of the property, identified as rehabilitated by the applicant, has been rehabilitated to the "PQ" Pits and Quarries standard. if there are notable deficiencies, the owner agrees to include this area as part of the area to be rehabilitated in 2013 and shall be included in the phasing plan and rehabilitation plan details for the site. c. The owner shall restrict the future disturbed areas of the site to the remaining active excavation areas which, after lands to be rehabilitated have been removed, is approximately 10 hectares (25 acres). To permit operational flexibility, an additional 2 hectares (5 acres) will be permitted to be active excavation area, for a total of 12 hectares (30 acres). All other areas of the site, except for the access driveway, shall remain undisturbed (including retention of existing tree cover) or shall be fully rehabilitated (including re- vegetation of the excavated area) in accordance with the standards of the "PQ" Pits and Quarries zone. The existing disturbed area of the site shall be identified in in the site plan for this operation and attached as an appendix to the Section 101 Agreement, d. The owner shall have a qualified professional engineer complete a drainage plan that is consistent with the rehabilitation plan that achieves on -site containment of stormwater and prevents runoff onto adjacent properties. This plan is to be submitted to the Chief City Engineer for review and approval and shall be included as an appendix to the Section 101 Agreement. e. The owner shall extend the existing dust -free hard surface approximately 500 metres from where it currently ends at the entrance to the existing excavated area of the gravel 147 Fund) Bay Sand & Gravel Inc. Page 4 Lands Adjacent to 460 Latimore Lake Road February 15 2013 pit, to the edge of the proposed area to be rehabilitated. This shall be identified on the rehabilitation plan, included as an appendix to the Section 101 Agreement. f The owner shall plant a mix of trees along both sides of the internal haul road from the entrance gate to the on -site shop, a distance that is approximately 160 metres, The spacing and tree size specifications are to be included as part of the rehabilitation plan as accompanying landscape details, to be approved by the Development Officer and included as an appendix to this agreement. g. The owner shall rehabilitate the required 30 metre buffer areas that have been disturbed to -date in both active excavation sites, as per the rehabilitation plan to be submitted for approval by the Development Officer and included as an appendix to this agreement. h, The owner shall relocate the on -site crusher, currently located behind the existing main building, to a location south of the proposed rehabilitation area, as identified on the rehabilitation plan to be submitted for approval by the Development Officer and included as an appendix to this agreement. L The owner shall maintain the limited processing infrastructure, currently located in the active excavation area in the larger pit, as identified on the rehabilitation plan to be submitted for approval by the Development Officer and included as an appendix to this agreement. j. The owner shall remove the parts vehicle debris, and other storage that is not permitted by the "PQ" Pits and Quarries zone, located in the front of the property. This must be completed, as per the Unsightly Premises and Dangerous Buildings and Structures Bylaw, to the satisfaction of the Building Inspector in 2013. k. The hours of operation shall be limited to Monday to Friday from 7:OOAM to 6:OOPM. 1. The security requirement for Fundy Bay Holdings Ltd. will be re- evaluated, to ensure it is adequate to rehabilitate this site. This calculation and evaluation will be completed by Building Inspection and any required increase or decrease in the required security will be addressed and finalized, to the satisfaction of the Building Inspector, prior to finalizing the Section 101 Agreement. m, The Section 101 Agreement shall be null and void if the proposed rezoning of the subject site does not receive third and final reading within six months of receiving first and second reading. 4. That Common Council withhold third reading of the rezoning until the recommended Section 101 Agreement between Jerome Langille and the City of Saint John has been drafted, finalized and executed by both parties. 5. That the Planning Advisory Committee grant a variance to permit the applicant to build the required access road into the site to be rezoned within the 30 metre setback area from the property line. The location is to be identified on the site plan, required to be submitted for approval by the Development Officer prior to issuance of an excavation permit. 148 Fund3 Bay Sand & Gravel Inc. Page 5 Lands Adjacent to 460 Latimore Lake Road February 15, 2013 INPUT FROM OTHER SOURCES: Bell Aliant has been advised of this application. Infrastructure Development has provided the following comments: ■ There is no municipal water and sanitary infrastructure available. Should any extension of infrastructure be required, it would be the full responsibility and cost of the owner to properly design and construct; l Prior to release of an excavation permit, a detailed storm water management plan and a design brief must be submitted by the owner's engineering consultant to the City for review and approval; a The owner is responsible for obtaining all necessary permits; It should be noted that with the nature of the proposed business for this site, it is the owner's responsibility to maintain the existing public street surface free from any foreign matter that may result from the transporting of the product from the site; and The proposed use of the existing access servicing the 460 Latimore Lake Road pit operation to access the proposed pit operation is supported. Should direct access to Latimore Lake Road be required, the owner's engineering consultant must submit a detailed plan indicating the grade, size and location of any proposed access to Latimore Lake Road to the City for review and approval. It is assumed that large vehicles would utilize this site and precautions must be taken to ensure suitable entry /exit locations with required site distances for the proposed use are provided. The owner's traffic engineering consultant must ensure that proper site distances are available for any proposed new direct access to Lattimore Lake Road. Inspection & Enforcement Service has provided the following comments with respect to the proposed pit and the existing pit, at 460 Latimore Lake Road, for which the access is required: Proposed Gravel Pit: The proposal places the excavation area a significant distance from the residential dwellings on Lackie Road. However, it also places the site upwind of the Estate Drive and Kimberly Street subdivision to the north -east of the proposed site. Should this rezoning application be approved, the following conditions are recommended: o No aggregate processing be permitted on the proposed site; all aggregate processing should be required to take place using the existing Fundy Bay Sand & Gravel Inc. facilities at 460 Latimore Lake Road. o All equipment used as part of the aggregate extraction operation on the proposed site be equipped with fully functional noise - suppressing mufflers at all times. o A water supply must be maintained on -site and be used to limit the amount of dust raised during operations. o The operation should be required to shut domm if wind velocities exceed a set speed. o No blasting is to be permitted on this site. o The working face of the site must be closely limited to minimize dust being raised. 149 Fundy Bad- Sand & Gravel Inc. Lands Adjacent to 460 Latimore Lake Road Page 6 February 15, 2413 o Hours of operation should be reduced below those permitted by the Pits and Quarries zone standard to limit intrusion on neighbours early mornings and supper hour. ExisUm gravel pit at 460 Latimore Lake Road: The gravel pit at 460 Latimore Lake Road was rezoned to "PQ" Pits and Quarries in 2001 and is subject to the standards of this zone. • The office, workshop, scale house, and equipment storage area have been relocated on the site, approximately 180 metres from the entrance, in compliance with the "PQ" Pits and Quarries zone standards. However, the front portion of the site, where this operational infrastructure was previously located, does not appear to have been rehabilitated in accordance with the standards of the "PQ" Pits and Quarries zone, or the original rehabilitation plan, dated March 2000. • The excavation area on this site, has also intruded into the required 30 metre setback in large areas of the site. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have advised that this application does not directly affect any of their infrastructure. Urban Environment Services has advised that this proposal has no impact on current recreation facilities or programs in the area- N.H . Department of Environment has provided the following comments: • The following comments do not relieve the proponent from compliance with applicable provincial and federal Acts and Regulations. If the operator is just removing aggregate there is no Approval to Operate required. If there are plans to blast, crush or wash, an application form requesting Approval of Source should be submitted to the Department of Environment and Local Government for review. The owner operator shall ensure that odor, dust, ie fugitive particulate matter, noise, or site run- off being released or discharged from a facility does not cause adverse impacts to any off -site receptor. The department has in the past received complaints regarding site run -off and air quality related concerns. Please find attached a copy of the Department of Environment and Local Government's draft Sand & Gravel Pits Environmental Guidelines as well as the link to the Department's Acts and Regulations www.gov.nb.oJustice Rogers has been advised of this application. Saint John Energy has been advised of this application. Saint John Fire Department has been advised of this application. 150 Fundy Bay Sand & Gravel Inc. Page 7 Lands Adjacent to 460 Latimore Lake Road February 15, 2013 BACKGROUND: On February 13, 2001, the Planning Advisory Committee approved, for a temporary period of one year, the use of the front portion of PID 00333419 as the means of access from Latimore Lake Road to a temporary woodcutting operation on the "RF" Rural zoned portion of the James E. Boyle property (PID 00333419 and 00334599, now owned by 515129 N.B. Inc. and subject to this application for rezoning), The Committee's approval was required because the portion of the Boyle property that abuts Latimore Lake Road is zoned "RS -1M" One and Two Family and Mobile Home Suburban Residential, which does not permit a woodlot or woodlot access. On May 24, 2005 Common Council denied an application to rezone the subject site, lands adjacent to 460 Latimore Lake Road being portions of PID Numbers 00333385, 00334599 and 00333419, from "RF" Rural" to "PQ" Pits and Quarries to permit a gravel pit. The Planning Advisory Committee had also recommended denial of the application on May 17, 2005. On July 18, 2011, Common Council again denied the same rezoning application as the one made in the spring of 2005; to rezone a portion of PIDs 00333385, 00334599 and 00333419, from "RF" Rural" to "PQ" Pits and Quarries to permit a gravel pit. The Planning Advisory Committee had recommended approval of the application on June 21, 2011. ANALYSIS: Site and Surrounding Area The subject site is approximately 35 hectares (86 acres) of land comprising portions of PIDs 552143 32, 00334599, and 00333419 in the Latimore Lake Road area of the City. The portions of these properties that make up the subject site are located about half way between the northerly and southerly ends of the three properties. The subject site is partially forested with elevations ranging from a low of approximately 115 metres above sea level to a high of approximately 150 metres above sea level. This area of the City is primarily rural in nature with linear residential development along Latimore Lake Road, and some additional residential development on short cul -de -sacs and streets. North of the proposed gravel pit is Lackie Road, the Latimore Lake Community Centre, and Oceanview Cemetery. North -east of the site is the rural subdivision known as Latimore Lake Estates, and north of this is a mobile home park. Directly west of the subject site is the existing Fundy Bay Sand & Gravel Inc. pit operation at 460 Latimore Lake Road, owned by Fundy Bay Holdings Ltd. South of the subject site is rural, undeveloped lands, This area of the City has long been recognized as containing quality aggregate and over the years a number of permanent and temporary gravel pits have been in operation. Today, there are two large -scale active gravel pit operations within 2 kilometres of the proposal and one inactive temporary excavation area. There remain a number of smaller previously excavated areas in this area as well. The close proximity between residential property owners and aggregate operators in this area has created long standing conflicts between the two, with complaints relating to noise, dust and truck traffic from residential owners. 151 Fundy Bay Sand & GraA el Inc. Page g Lands Adjacent to 460 Latimore Lake Road February 15, 2013 Proposal This application differs from the previous two applications, in 2005 and 2011, in that all three PIDs subject to the rezoning are now owned by 515129 NB Inc. The proposal itself, to rezone approximately 35 hectares of the approximately- 81 hectares that make up these three properties, from "RF" Rural to "PQ" Pits and Quarries to permit a gravel pit operation, remains the same. The applicant has entered into an agreement A ith the landowner to lease the rights to extract aggregate from the subject site. The applicant operates the aggregate operation at 460 Latimore Lake Road and has proposed to utilize the existing internal haul road and driveway to remove aggregate from the subject site. As part of this application, the owner has again agreed to enter into a Section 101 Agreement with respect to the property at 460 Latimore Lake Road, The Technical Report, prepared by Genivar for the applicant in May 2011 for the previous application, indicates the applicant intended to begin extraction at the southwest corner of the subject site and finish at the northeast corner of the site. The proposed phasing plan for extraction and required rehabilitation of this site will be detailed on the site plan that is required to be submitted for review and approval by the Building Inspector as part of the application for an excavation permit. As such, the exact phasing plan for aggregate removal and subsequent progressive rehabilitation of exhausted areas on the subject site is not available at this time. The operation will be limited to gravel excavation and will not include blasting and the disturbed area of the site is proposed to be limited to 5 hectares, as per the recommended condition. Municipal Plan The subject site is located outside of the Primary Development Area in the Rural Area of the City. The land is designated Rural Resource in the Municipal Plan, which is a designation that is intended to facilitate resource related activities, where appropriate, such as forestry operations, agriculture, fisheries, and extraction activities, including pits and quarries. The Plan states that extractive industries form an important component of the economic activities is the region and it is the intent of the City to support and encourage their continued operation. However, the Plan also recognizes that pit and quarry operations are not compatible with residential land uses and as such, the Rural Resource designation seeks to intentionally limit proposals for new residential development through compatibility requirements, minimum lot size and existing public road access. In terms of assessing proposals to rezone land to permit new pits and/or quarries, policy LU -96 in the Plan provides guidance in terms of the criteria for assessment of such proposals. The following details the listed criteria from Policy LU -96 (in italics) and an assessment of how this proposal is compliant with each criterion: a. Compatibility with and/or minimal impact on existing adjacent land uses; The proposed gravel pit is in a location that exceeds the required setback standards for this use, with the exception for the requested driveway setback. The applicant has agreed to enter into a Section 101 Agreement for the adjacent operation at 460 Latimore Lake Road and proposed a number of conditions that will reduce the impact of this historic operation. 152 Funds' Bay Sand & Gravel Inc. Page 9 Lands Adjacent to 460 Latimom Lake Road February 15, 2013 b. An appropriate location and acceptable hours of operation; The applicant has proposed to limit the hours of operation for both the existing pit at 460 Latimore Lake Road and the proposed gravel pit to Monday to Friday from 7:00AM, to 6:OOPM. This will ensure area residents will not be disturbed on weekends, or early mornings and into their supper hours through the week. c. A stormwater management plan; This is a requirement prior to an excavation permit for the proposed gravel pit. The applicant has also agreed to provide a stormwater management plan for the existing gravel pit at 460 Latimore Lake Road as part of the Section 101 Agreement, to ensure stormwater is managed appropriately on site. d. Incorporation ofsite development measures which will assist in the control ofsmoke, dust, odour, toxic materials, vibration and noise; These measures are required under the "PQ" Pits and Quarries zone and will be required to be detailed on the site development plan, prior to issuance of an excavation permit. The owner has also agreed to incorporate measures in the Section 101 Agreement for the property at 460 Latimore Lake Road including relocating the crusher. e. Compliance with required setback yard, and separation distances from existing roads or uses; The proposal exceeds the separation distance setbacks required in the "PQ" Pits and Quarries zone with the exception of the driveway. Given that the driveway is located approximately 1.8 kilometres from Latimore Lake Road in an isolated location, staff have no objection to this variance. f. The provision of visual screening, The site will be required to adhere to the 30 metre setback of the "PQ" Pits and Quarries zone, with the exception of the driveway entrance, should this be approved. The limitation on the size of the operation will ensure progressive rehabilitation will take place. g. Acceptable location for buildings and equipment; The proposed gravel pit will utilize the existing infrastructure of 460 Latimore Lake Road, which in recent Sears has been relocated on the site to reduce the impact to neighbouring property owners. It is also proposed, through the Section 101 Agreement, that the on -site crusher will be relocated further back from Latimore Lake Road. h. Inclusion of necessary safety and protective measures; The pit operator is required to adhere to the Workplace Safety Standards, as per the Occupational Health and Safety Act, for the safe operation of a gravel pit of this nature. The City, under the "PQ" Pits and Quarries zone standards requires the gravel pit to be safely maintained, including required fencing and access gates to restrict access to the site at all times, These measures are enforceable and will be detailed as part of the site plan for the proposed gravel pit. 153 Fundy Bay Sand & Gravel Inc. Lands Adjacent to 460 Latimore Lake Road Page 10 February 15, 2013 i. Acceptable location of entrances and exits, and the designation of acceptable hauling routes. The proposed pit will utilize the existing internal haul road and driveway of the pit at 460 Latimore Lake Road. The applicant is proposing, through the Section 101 Agreement, to extend the dust -free, hard surface by approximately 500 metres, which will create a dust -free hard surface that is approximately 800 metres from Latimore Lake Road. j. .Demonstrated compliance with signage and landscaping provisions. The new pit will be required to adhere to signage requirements and rehabilitation requirements. k. Measures to ensure future rehabilitation of the site. The applicant will be required to post a security to ensure the City is protected against default of their rehabilitation requirements for the property. The security requirement for the existing operation at 460 Latimore Lake Road will also be reviewed through the Section 101 Agreement. Zoning Bylaw Prior to the issuance of an excavation permit, the conditions described in section 680(10)(d) must be addressed to the satisfaction of the Building Inspector. Given that this proposal requires the use of the existing internal haul road and driveway of 460 Latimore Lake Road, the applicant has agreed to enter into a Section 101 Agreement to address identified issues with this site that will ensure on-going compliance with the "PQ" Pits and Quarries zone standards. The proposed variance to permit the driveway to encroach into the required 30 metre setback from adjacent property can be supported given the isolated location and limited impact this proposes. Section 101 Agreement: 460 Latimore Lake Road The proposal to rezone lands adjacent to 460 Latimore Lake Road is dependent on securing access through the existing gravel pit operation at 460 Latimore Lake Road. The Section 39 conditions that will be recommended for the rezoning however cannot be extended to this neighbouring property, as it is not part of the property to be rezoned. In this circumstance, there are some historic concerns with the existing operation at 460 Latimore Lake Road and in order to be in a position to recommend proceeding with the rezoning of the subject lands, staff spoke with the applicant to secure a commitment from the property owner for improvements to the existing operation at 460 Latimore Lake Road. Such improvements are proposed to be formalized in a Section 101 Agreement, under the Community Planning Act. It should be noted that agreement from the property owner as to the conditions in the Section 101 Agreement is required. Conditions cannot be imposed. 154 Funds- Bay Sand & Gravel Inc. Page 11 Lands Adjacent to 460 Latimore Lake Road February 15, 2013 Background. The existing gravel pit located at 460 Latimore Lake Road has been in operation since approximately 1978, or about 35 years. In 2001, the City, with the owner's consent, willfully rezoned the property to "PQ" Pits and Quarries. At the same time, sex eral variances were also granted in order to `grandfather' this operation. The variances included a reduced setback from the residentially zoned neighbours and permission for their existing excavated areas that went to the property line. In exchange for these variances, Fundy Bay Holdings Ltd. was required to submit and adhere to a proposed rehabilitation plan for the site, with particular emphasis on improvements to the front portion of the site in closest proximity to the adjacent residential land uses and Latimore Lake Road. This was submitted in March of 2000 and accepted by the City as part of the rezoning application in 2001. However, there were no timelines attached to the implementation of this rehabilitation plan and no landscape specifications to guide the rehabilitation investments. As such, enforcement has been challenging. This has created an unfortunate situation for neighbouring residents, whose expectations for rehabilitation have not been met, leading to long- standing concerns regarding the impact of the existing gravel pit. To date, there are no outstanding Notices of Violations on record with the Building Inspection Department. The original rehabilitation plan from March 2000 identified the following: 1. Relocate the scale, scale house, and equipment storage area from the front of the property to an area closer to the excavation face of the site and re- vegetate / replant the front of the property to screen the operation from Latimore Lake Road, 2. Relocate the crusher / stockpiles site at the front of the property to the rear of the scale, scale house and equipment storage area and re- vegetate 1 replant the site. 3. Build a landscaped berm on the east side of the property, near the front of the site to screen the property from the adjacent residential property. 4. South of the landscaped berm, the required 30 metre buffer from the edge of the property must be created and planted with evergreen to create an acceptable screen (pine/spruce identified). 5. On the west side, across from the proposed landscaped berm, there is an area identified to be filled however no specifications were listed. 2005 Rezoning Application: In 2005, the operator applied to rezone the subject site (lands adjacent to 460 Latimore Lake Road) to "PQ" Pits and Quarries. As A ith the application today, the owner required the use of the existing internal haul route and driveway at 460 Latimore Lake Road to extract the aggregate. Recognizing that the applicant had not yet completed the required site rehabilitation identified on the plan from 2000, staff recommended the City enter into a Section 101 Agreement to require the necessary upgrades to the existing gravel pit as part of the rezoning approval. The owner agreed to the Section 101 Agreement detailing the following improvements to 460 Latimore Lake Road: 1. Paving of the entrance to a minimum depth of 60 metres (200 feet) from Latimore Lake Road; 2. Relocation of the scales/scale house to a location on the property that is approximately 180 to 210 metres (600 — 700 feet) from Latimore Lake Road; 3. Construction of a landscaped berm between a portion of the haul road and the Lackie Road area; 155 Fundy Bay Sand & Gravel Inc, Page 12 Lands Adjacent to 460 Latimore Lake Road February 15, 2013 4. Placement of approximately 29 acres of the existing "PQ" Pits and Quarries zoned area into a "do not disturb" condition so that there is no change in the size (ie number of acres) of permitted excavation area available to Fundy Bay Sand & Gravel / Fundy Bay Holdings. This "set aside" area would be located immediately to the west of the area to be rezoned. The rezoning application was denied by Common Council and as such, the Section 101 Agreement was not executed. However, the applicant proceeded with implementing all of the original rehabilitation requirements from the 2001 plan and some of the conditions that would have been included in the Section 101 Agreement from the 2005 application to rezone adjacent lands. This included adding a dust - free hard surface approximately 300 metres from the entrance into the site, relocating the scale and scale house approximately 180 metres from Latimore Lake Road, construction of the landscaped berm between the haul road and Lackie Road area, and applying grass seed to some of the areas where the buildings used to be located. The applicant also planted some additional trees at the edge of the site adjacent to Latimore Lake Road to increase the vegetative screen from the road. In 2011, the operator applied once again to rezone the subject site (lands adjacent to 460 Latimore Lake Road) and once again, agreed to enter into a Section 101 Agreement that would require the following additional improvements to the site at 460 Latimore Lake Road, should the application be approved: 1. Pate an additional 400 metres (1,312 feet) of the access road from 460 Latimore Lake Road that would be utilized by the proposed pit on the subject site. 2. Reduce the extraction activity of the existing operation as extraction begins on the proposed site. "The end result will be no increase in extraction activity. For instance, if he is extracting 10 acres on the proposed site, his extraction activity on the existing site will reduce by 10 acres during the same timeframe." The rezoning application was denied again by Common Council and as such, the Section 101 Agreement was not executed. The application before the Committee today is the third time this operator has applied for this proposed rezoning and has again agreed to enter into a Section 101 Agreement that wiil require additional upgrades to the existing site at 460 Latimore Lake Road, beyond what was originally proposed. Staff and the applicant have met and reviewed the history on the file, the original rehabilitation plan, compliance with the "PQ" Pits and Quarries zone, and the preN iously proposed Section 101 Agreement conditions. The proposed conditions to be included in the Section 101 Agreement are considered to be fair, reasonable, and enforceable as they will ultimately require timelines, specifications and standards, and an appropriate security attached to all rehabilitation and excavation work going forward. This will provide clear direction for the operator, the surrounding community and the City with respect to the expectations for future rehabilitation and excavation on this site. The details of the Section 101 conditions are provided in the recommendations section of this report. 156 Fundy Bay Sand & Gravel Inc. Page 13 Lands Adjacent to 460 Latimore Lake Road February 15, 2013 CONCLUSION: The proposed site for the rezoning to "PQ" Pits and Quarries is consistent with the intended land uses for Rural Resource Areas. The site is located an appropriate distance from the adjacent lands with an acceptable minor variance being requested for the driveway entrance location. The applicant will be required to submit the appropriate site plan, rehabilitation plan, and drainage plan, as required by the "PQ" Pits and Quarries zone, prior to receiving an excavation permit. The additional recommended Section 39 condition that would limit the active excavation area of the site at all times to 5 hectares will ensure the scale of the operation is limited and provides the City and the surrounding neighbourhood with the ability to ensure progressive rehabilitation takes place. The use of the existing gravel pit operation at 460 Latimore Lake Road to support the proposed gravel pit on the adjacent lands provides the City with the opportunity to negotiate upgrades to this large, historic operation that are consistent with the "PQ" Pits and Quarries zone. Extensive discussions with the applicant, whom is the next generation of operators at this site, have resulted in a list of conditions that would bring improvements to the operation, including certainty with respect to the rehabilitation specifications and the timeline for the work to be completed. The conditions provide the opportunity to reduce noise and dust, provide visual improvements to the front of the site, adjacent to Latimore Lake Road, and address the on -site drainage concerns. Withholding third reading of the rezoning will pro,6de the applicant and the City the necessary time to prepare the details associated with the Section 101 Agreement and work through the on -site inspection recommendations. It is recommended that this application be approved, with the recommended conditions. SF Project No, 13-020 157 PLANNING AND DEVELOPMENT I URBANISME ET DI`VELAPPEMENT it vs`] lk%.& _+fir Am !M [` 6 r !62 f RTI I fi r "�"�''"rr1 •.rte �� ea r i r r 4 � RR w PQ P N; It r i 3C9 F Part of PID(s) /NIP(s): Subject Site/site en question: 55214332, 00334599, and 00333419 Location: Lands adjacent to 460 Latimore Lake Rd Date: February 1, Wrier 2013 Scale /6chelle: Not to scale/Pas A 1'6chelle 158 r •�M ,1 lam. v i 159 .o WHI °$8 d� 3 1 ta S o elf as x SSW* G O m F E� n C. Ai Ir it � • ,'• � � +• .• , .• •�4I �, . � � •Via:. y - I r. 90 0 lz Wd MA I �: ( J E m a a Eg i 1 Omni st 4 1 ?�!%� 161 s'r '� • r. ' 1 l 680 PITS AND QUARRIES Pte( j (1) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than (a) The following uses: pit - quarry the excavation of sand, gravel, clay, shale, limestone, or other deposits; the removal of topsoil; (b) As a secondary use, screening of aggregates, crushing and washing of aggregates, storage of aggregates, topsoil and overburden, the parking and storage of trucks and heavy equipment, a caretaker's residence, offices, buildings, and weigh scales. (c) Subject to Section 3(b), an accessory building, structure or use incidental to a use, building or structure permitted in this section. (2) Prohibition of Excavation (a) Any excavation of material identified in situations in subsection (1) if it is undertaken for the purposes of sale or other commercial use, is prohibited until an excavation permit has been obtained. (3) Zone Standards Subject to (c)(iii) the minimum distances stipulated herein must be maintained between any excavation upon land with respect to which an excavation permit has been issued and the following situations: Situations Minimum Minimum Minimum Distance From Distance Distance From a Quarry From a Pit Crusher (1) Residentially Zoned property or existing 200 m 150m 200 m dwellings at the time of the appliction to re -zone for pit or quart' (Ii) Other Zones 50 m 30 m 50 m (iii) Public water supply 600m 150 m 150 m (iv) Public road 30 m 30 m 30 m (v) Property line of excavation site 30 m 30 m 30 m 123 164 680 PQ ZONE (3) (a) No building, structure or storage or repair area in connection with the excavation may be located within 30 metres In the case of a gravel pit, or 50 metres in the case of a quarry, of a public street or an adjacent zone other than an "1-1" Light Industrial, "1 -2" Heavy Industrial or "P -Q" Pits and Quarries Zone (b) Notwithstanding subparagrah 2(a)(iv), that no excavation take place within seven and one -half (7.5) metres at the ground line of the legs of a power transmission line tower, with a slope of not less than one and one -half (1'/a) metres horizontal to one (1) metre vertical away there from. (c) Access (i) Every private access shall be located a minimum of 30 metres from the property lines of the pit or quarry; (ii) Every private access shall be paved for the first 30 metres from its intersection with a public street; (iii) Where one or more residential dwellings exist within 150 metres of the private access, that portion of the private access must be paved unless; the dwelling or dwellings are owned by the owner of the pit or quarry served by the said private access or; there exists either a natural treed screen having a minimum depth of 30 metres and a minimum height of 4 metres, a natural topographic feature a minimum of 4 metres in height, or a man made landscaped berm having a minimum height of 4 metres, located between the said private access and the said residential dwelling or dwellings extending 25 m further on either side. (nr) Every private access created subsequent to the coming into force of this section and which has a length greater than 50 metres shall be constructed in a curved fashion so as to prevent direct visibility of the ecavation site and operation from the public street at its intersection with the private access; (v) Every private access to a pit or quarry shall have a gate at the entrance, within 20m of the public road, The gate shall be locked when the pit or quarry is not actively in operation. (d) Hours of Operation Excavation of land and related activities involving the use of heavy equipment and crushing equipment, shall only be carried on between the hours of 7:00 o'clock in the forenoon and 8:00 o'clock in the afternoon of each day, except on holidays as defined in the Provincial Interpretation Act when no excavation of land is permitted. 124 165 680 (3) (e) Screening P4 ZONE A treed buffer, at a minimum of 30 metres in depth and a minimum of 4 metres in height or a topograhic feature a minimum of 4 metres in height, shall surround the excavation site with the exception of an area for an approved access. If trees do not exist in quantities to adequately screen the visibility of the operation from a public road or adjacent residential properties, the applicant shall construct a treed and landscaped berm 4 metres in height to visually screen the excavation site and associated activities. The location of buffers, existing or proposed, shall be identified on the applicants site plan(s) and the treed buffer(s) shall be in place prior to the start of excavation of the aggregate resource. Onsite material may be used for constructing buffers and berms. (f) Site Rehabilitation The land with respect to which an excavation permit has been issued shall be rehabilitated in a progressive manner in accordance with subsection (11) hereof. (4) Excavation Permit Annlication A person seeking to obtain an excavation permit shall be the owner or agent of the land proposed to be excavated and shall make application in writing to the Building Inspector in a form prescribed by the Building Inspector, and such application signed by the applicant, shall, (a) record the name and address of the applicant and the location of the proposed excavation; (b) contain a statement indicating the purpose of the work to be carried on and the portion of land where excavation will commence or is in progress, the order of sequence for excavating the balance of the land and the intended use of the land after excavation has ceased; (c) contain a statement of the estimated volume of material in cubic metres proposed to be excavated during the term of the excavation permit; (d) include the owners express consent to the entry upon the land which is the subject of the application by the City of Saint John and anyone authorized by it including its servants, agents, employees and workmen, whether by foot or by vehicle together with the equipment to be used for the purpose of rehabilitating that land in accordance with the provisions of this By -law in the event the owner has failed to do so within the time limits stipulated herein; (e) state the estimated dates of commencement and duration of the excavation; (f) Indicate the probable maximum depths and maximum slopes of the proposed excavation at the end of the term of the permit for which the application is made; 125 166 660 PQ ZONE (4) (g) indicate the ultimate depth, elevations and grades of the excavation shall be subject to any applicable requirements of the Building Inspector for future streets and water and sewer lines; (h) set out the controls and methods to be employed in preventing the emission of smoke, dust, odours, toxic materials, vibrations and noise; (i) all blasting to be monitored to ensure compliance by a professional engineer; (ii) all blasting to be designed, loaded, supervised and initiated by a Category I blaster as certified under the "Apprenticeship and Occupational Certification Act"; (iii) all blasting operations to conform to the latest version of the "General Regulation — Occupational Health and Safety Act" with particular attention to Parts; "XII- Explosives" and "XIV -Pits and Quarries ". (i) include one or more plans drawn to a scale of not less than 1 to 1000 by a professional engineer, landscape architect, land use planner and or, surveyor. These plan(s) shall show the phased development of a pit or quarry for a period of 1 -5 years and shall indicate; (i) the boundaries of the property with respect to which the application is made, and its relation to existing streets and other properties; (ii) existing topography at no more than 2 metre contour intervals, or spot elevations or cross sections with a vertical scale of 1 to 100, or a combination thereof, where 2 metre contour intervals are not available; (iii) location of existing natural watercourses and drainage areas as at the seasonal spring peak flow period; (iv) location of existing power transmission line towers and other structures; (v) an outline of the area to be excavated; (vi) the location of proposed water courses and drainage, Including lakes, ponds and retention areas; (vii) the proposed location of any buildings, scale house, equipment, equipment storage area and equipment repair sheds or areas; (viii) the location of protective fencing if required by the Building Inspector, (a) the location of entrances and exits to the site of the proposed excavation and gates (if any); (x) the location of traffic routes to and from the area to be excavated; 126 167 680 PQ ZONE (4) (i) (xi) the location and size of signs erected or proposed to be erected within the site of the proposed excavation and gates (if any); (xii) the depth of the existing water table; (xiil) the method of achieving a closed loop drainage system at the excavation area. If a closed loop system cannot be achieved, illustrate on site plans and have evidence that the Provincial or Federal approval authority, has approved an alternative drainage system; (xiv) the location of an exlsting or proposed water source for use in dust control measures subject to subparagraph (10)(e); (xv) the location of storage area(s) for hazardous materials as defined by the Provincial Hazardous Materials Ad; (xvi) the location of storage areas for explosive materials; (xvii) the location of proposed treed berms and natural treed buffers to be retained for screening; (xvili) the location of storage areas for topsoil and overburden to be used In rehabilitation. (j) Where the application is for an excavation permit relating to a pit or quarry proposed to be opened subsequent to the coming into force of this sub - paragraph, a statement from a professional engineer or hydrologist identifying the depth of the existing water table at the location of the proposed excavation as well as his opinion respecting effect if any, of the proposed excavation upon that water table level on adjacent properties not owned by the applicant; (k) Where an application for an excavation permit relating to an existing pit or quarry site proposes to increase the depth of excavation on that site, a statement from a professional engineer or hydrologist identifying the depth of the existing water table at the location of the proposed excavation as well as his opinion respecting effect, if any, of the proposed excavation upon that water table level; (1) An application for an excavation permit shall be accompanied by one or more plans, other than those mentioned in paragraph 680(4)(i) drawn to a scale by the professionals mentioned in that paragraph, indicating the proposed method of rehabilitation of the excavation area according to the provisions of this By -law, and setting out; (i) the proposed grading at not more than 2 metre contour intervals or by cross - sections with a horizontal scale of 1 to 1000 and a vertical scale of 1 to 100 or any combination of these including the slopes for the end of the term for which the permit is being sought; 127 .: 680 PQ ZONE (4) (1) (i1) the location, quantity and type of trees, planting, hydro - seeding, or other ground cover materials to be used including the type and depth of soil to be used on the berms for the purposes of establishing vegetation; (iii) details of all items and features pertaining to improvement and preservation of the land, including any retaining walls; (iv) the estimated dates of commencement and completion of such rehabilitation, the portion of land on which It will commence and the order and the time schedule for rehabilitation of the balance of the site. (m) Each application for an excavation permit shall be accompanied by a fee.of $1,100. (5) Excavation Permit Subject to subsection (7) the Building Inspector shall issue an excavation permit where, (a) an application under this Section has been received and; (b) the applicant has deposited with the Building Inspector security in accordance with subsection (9), satisfactory to the Building Inspector and; (c) the proposed- excavation and rehabilitation of the land for which an excavation permit has been sought have been approved by the Development Officer as conforming with all requirements of this By -law; and (d) the fee set out in subsection (4) has been paid, (6) (a) An excavation permit is valid from the date of its issuance until the earlier of: (i) December 31"` of the same year; or (ii) The date of the registration in the Saint John County Registry Office of a Deed conveying title to the land in question from the applicant. (b) In the event an excavation permit terminates due to the conveyance of the land in question, the Building Inspector shall issue, without fee, a new excavation permit for the remainder of the calendar year if the new owner delivers to the Building Inspector: security in accordance with the requirements of subsection (9); and (ii) a written statement that in consideration of the Building Inspector's issuing an excavation permit the new owner consents to the entry upon the land in question by the City of Saint John and anyone authorized by it, including its servants, agents, employees and workmen, whether by foot or by vehicle together with the equipment to be used for the purpose of rehabilitating that land in accordance with the provisions of this section in the event the owner has failed to do so within the time limit stipulated herein. 128 169 680 PQ ZOME (7) An excavation permit shall, (a) be In the form prescribed by the Building Inspector; (b) be signed by the Building Inspector; (c) indicate the purpose of the work to be carried on; (d) set out any controls or measures which in the opinion of the Building Inspector shall be employed in the operation, including any conditions which may have been imposed by Common Council upon the re- zoning of the site. (8) No permit may be issued under subsection (6) if, (a) the proposed work would; (1) create a hazard to human life; (ii) endanger adjoining property, or (iii) adversely affect a public sewer, water main, watercourse or street; or (Iv) not meet the conditions of use set out in the zones which permit the excavation use. (b) the land of the site is subject to geological instability or flood hazards to the extent that, in the opinion of the Building Inspector, no reasonable amount of corrective work could eliminate or sufficiently reduce the instability or hazard, (9) No excavation permit may be issued under subsection (6) until the applicant has deposited a sum of money or an Irrevocable Standby Letter of Credit issued by a chartered Canadian fsnancial institution in favour of the City, in an amount determined by the Building Inspector to be adequate to cover the estimated cost of rehabilitation of the land of the site in accordance with the terms and time limits stipulated herein. (10) Permit Conditions A permit under subsection (5) is subject to the following terms and conditions: (a) Slope of Working Face 0) The slope of the working face of the excavation, other than in a quarry, must not be steeper than one and one - quarter (1'/) metres horizontal to one (1) metre vertical for the full depth of the excavation; (ii) Subject to paragraph (10)(b) quarries are permitted to have a vertical working face; 129 170 880 PQ ZONE (10) (a) (iii) Any land which extends, projects or juts over or beyond the top, working face of the excavation shall be knocked down and left in such condition at the end of each working shift so as to prevent the danger of a fall by natural or other causes: (iv) Where an occasional operating condition results in a working face having a slope steeper than the one and one - quarter (1 Y4) metre horizontal to one (1) metre vertical prescribed under subparagraph (I), the owner of the land being excavated shall bring or have the slope brought to at least that prescribed within forty -eight (48) hours after notice to that effect from the Building Inspector. (b) Protection at Vertical Slopes Where the slope of the working face of a quart' is steeper than 1:1 (vertical: horizontal) and the vertical height of the working face is greater than 3 metres a combination of boulders and signage spaced along the perimeter of the slope will be required. The boulders shall be no smaller than 1 metre in size and spaced at maximum intervals of 2 metres. Signage warning of the danger shall be placed at 15 metre intervals. Fencing may be required for all or a portion of the site if in the opinion of the Building Inspector there is a greater chance that public safety is at risk. (c) Access Every private access serving a new or existing pit or quarry shall be maintained in a reasonably dust free condition by paving, watering, or use of calcium chloride and areas that are paved shall remain in a reasonably dust -free condition. (d) Water Table No excavation shall take place in a pit or quarry so as to lower the water table on land adjacent to that for which an excavation permit has been issued. The ultimate depth of the excavation must be able to sustain the intended long term uses of the land as indicated. (e) Water Source Every new or expanding pit or quarry must have an available natural or man made source of water on site, sufficient to meet the requirements of the Provincial Clean Environment Act, before excavation can take place. (f) Site Drainage All pits or quarries shall operate with a closed loop drainage system allowing no water to leave the un- rehab[litated portion of the excavation area, or in accordance with a drainage plan approved by the Provincial Department of the Environment and Federal Department of Fisheries and Oceans. 130 171 580 (10) (g) Property Lines PO ZOP E The owner shall have the property lines staked or marked as required by the Building Inspector. The owner shall, if requested by the Building Inspector, provide one or more reference benchmarks. (h) Topsoil Removal Topsoil stripped from the site shall be stockpiled on site in sufficient quantities for use as an organic material to provide for the complete re- vegetation of the disturbed areas of the site not including access roads. Removal of topsoil shall not extend beyond the excavation area as approved for the current year of the permit. (i) Clear Cutting Clear cutting of trees or other existing vegetation is not permitted to extend any further than the excavation area for the current year of the permit and access road as illustrated on the site plan. (11) Site Rehabilitation (a) The owner of the land must commence the rehabilitation of the excavation area not later than six months after the earlier of any one of the following situations arising: the excavation or any portion thereof has reached its maximum allowable depth as well the minimum setback requirements set out in the subsections (3) and (10); or the abandonment of the pit or quarry. A pit or quarry is hereby deemed to have been abandoned when twelve (12) months pass following the date an excavation permit for the land was last valid; (iii) the section of the excavation site is not required for other purposes related to the operation; (iv) the obligation to commence rehabilitation hereunder arises as often as any of the situations identified in paragraph (a) occur with respect to the land for which an excavation permit has been issued. (b) Every portion of the excavation area disturbed for the purposes of excavation or associated activities, with the exception of the access road, shall be cleared of debris, sloped in accordance with this lay -law, and vegetation established in accordance with the City's specifications for hydro - seeding. (c) In the case of a gravel pit, the slope of the working face of the excavation must be rehabilitated so that it is not steeper than three (3) metres horizontal to one (1) metre vertical for any portion of the depth of the excavation and be hydro- seeded. 131 172 680 PQ ZONE (11) (d) In the case of a quarry the working face of the excavation must be rehabilitated so that it Is stepped with a vertical rise of not greater than 10 metres meeting a horizontal plateau of not less than 3 metres in width. The horizontal plateaus shall have vegetation established where possible in the opinion of the Building Inspector. A consistent slope of no less than (2) metres horizontal to (1) metre vertical also permitted. (e) The top of the rehabilitated slope of an excavation must not be located within the applicable minimum set back requirements as set out in Section (3). (f) When any one of the situations described in paragraph (a) arises, all equipment, buildings, and structures upon the land to which the excavation permit applies, and associated directly or indirectly with excavation other than fences required under subparagraph 680(10)(b) shall be removed and all stockpiles, sand, gravel, stone, rock, clay or similar material shall be removed or utilized in the rehabilitation of the land. (g) Adequate measures shall be taken to prevent surface water from damaging the face of the excavation or fill by the provision of berms, swales or other measures which satisfactorily resolve the problem. (h) Where a holder of an excavation permit fails to rehabilitate the excavation area in the manner and within the time limits required hereby, the Council may cause the required work to be done and to be paid for from the security deposit. (i) The rehabilitation required hereby must be completed not later than 12 months following the deadline for the commencement of rehabilitation established herein. ()} Rehabilitation of the portions identified in subsection (11)(a) must be completed no later than one year following its' commencement. (12) Enforcement In the event of a contravention or failure to comply with any provision of this section the Building Inspector may suspend or in the case of a continued violation, revoke the excavation permit, in writing, to be delivered by hand or by registered mail to the owner, and may, if the conditions leading to the suspension are subsequently corrected, reinstate the suspended permit or issue a permit if the conditions are corrected and all the requirements for the issuance of a permit have been satisfactorily met. Council may cause any work to be done and to be paid for from the security deposit. 132 173 dry •� 'FW.,O O y Oc ' Uti E. y rOi O GO V A O N a O ^ � L Z� iYNN o�" 6 Lso ^O +N Cn U 'O O ^a O O cd U >, 0 O Cd 040 moo Z 0 N N aNU a� ° � �A W g d W o � � Q "o 42 vaGl J 00 N ti O i N O I- O L .� 6" • c0 Ce) COQ "+� 11 a ,� N O O [a o a O + E w "0 L o > Q C3 Cd o s c-v y a kn 0= o E 0 W r_ 2 cd U •y •0 ,� U cd In �+ O � C cd c 0 0 i iC O MO N O N 'n 0 _ � N ❑ +- � U cd"O CIS v U O o4) 04 a s ao o U oQ o= a 4- ') o +r '0 O Ll L U 0 co � U U 0 4- 't O ccdd o b� S U M N O cd 0. O CO O O cad >, O o 'O rn -0 O O O. � cd 3 >, y LL Q" E C. �r cd "a0 U 3 CQ W O N cd .0 ch to r- Ma? (U 42 3 E'er •-� N i c� ° -Cl °o ° �; a v) U 174 0 O U L E N U 0 U M M N N cd 0 N N ON C4 O L O W cYi L O � CTJ N O O N v N E W m. > c� U 4- Q �- o E c O Q U) O k- U Cll >.0 r _ 0 �= >> U '� C6 'J C � E O N w U 0 (D W f— (n LLJ O o w p Q 7 Co °' Z d� U W -� O z �- j, c� o 3 wzW W mo �(D o m a- W 0) N �' O- O N "6 LL cl O W .�. U O N N a> D - D W c� ?n O O O C� V W _Z � o U C O p W Q — � O 06 W N O O O -� O cN W N O w :z o o (D Nt cy) It CL �- W O ca L O N Q N O p LO O Cf) X L m � = O c > W U (v W o M W U c c �- 'o a) o 0 � U) O E . U >, c - Q V W c o Q u O a cn -0 m O LL a a- 0 U c ° Z 3 m 175 Q J o. U w ii m Planning Advisory Committee July 17, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 City of Saint John SUBJECT: Proposed Subdivision and Variance - 608 Millidge Avenue / 55 University Avenue In May of 2013, Common Council authorized staff to initiate the process of subdividing a separate lot for Fire Station #8, with the remnant portion, having been declared surplus, to be the subject of a proposal call for future development. The tentative subdivision plan illustrates a parcel with an approximate area of 83 square metres to be rested as a public street right -of -way. In order for the Development Officer to approve the subdivision, Common Council must first assent to the proposed street vesting. The Community Planning Act requires that the Planning Advisory Committee provide a recommendation to Common Council on the proposed street vesting before assent can be given. At its July 16, 2013 meeting, the Planning Advisory Committee considered the attached Staff Report. Dan LeBlanc of the City's Fire Department appeared on behalf of the applicant (the City- of Saint John) and spoke in favour of Staff s recommendation. No one else appeared before the Committee to speak in favour of or against the application and no letters were received. After considering the report and the comments of the applicant, the Committee adopted the recommendation contained in the Staff Report, which is set out below for your convenience. The recommendation also includes the typical wording with respect to any necessary municipal service easements. As part of this application, the Committee considered a variance to increase the maximum permitted lot occupancy on the proposed Lot 13 -01 from 20% to approximately 23% in order to facilitate the proposed subdivision. RECOMMENDATION: That Common Council assent to the attached photo- reduced City of Saint John Subdivision (Millidge Avenue) plan with respect to the vesting of a parcel of land with an area of approximately 83 square metres of land as part of the Millidge Avenue / University Avenue public street right -of -way as well as any required municipal services easements. 176 Respectfully su m' , r� nr an an airman PF -� Project No. 13 -138 spa 177 The City of Saint John DATE: TO: FROM: FOR: PREPARED BY: 2 JULY 12, 2013 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES MEETING OF JULY 16, 2013 Patrick Foran Planning Officer SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: S,A.1NT IORN REVIEWED BY: y,. Mark Reade, P. Eng., MCIP, RPP Senior Planner City of Saint John (c /o Dan LeBlanc) City of Saint John 608 Millidge Avenue / 55 University Avenue 00048454 and 00380758 Low to Medium Density Residential (Intensification) "IL -2" Major Institutional To create a separate lot for the existing fire station. Subdivision and variance to increase the maximum permitted lot occupancy from 20% to approximately 23 %. P.O. Box 1977 Saint John, NB Canada EZL4'91 wwwsaingohn_ca C.P 1971 S0',!,ahra, N; - C,'n E,2, Cit., of Saint John Page 2 608 Millidge Avenue / 55 University Avenue July 12, 2013 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of public streets in conjunction with the subdivision of land. The Community Planning Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to the attached photo - reduced City of Saint John Subdivision (Millidge Avenue) plan with respect to the vesting of a parcel of land with an area of approximately 83 square metres of land as part of the Millidge Avenue / University Avenue public street right -of -way as well as any required municipal services easements. 2. That the Planning Advisory Committee grant a variance from the requirements of the Zoning By- law that would increase the maximum permitted lot occupancy from 20% to approximately 23 %. BACKGROUND: Due to the subject site's prominent location, in conjunction with the fact that a significant portion of the property is underutilized, the Cit), has received a number of unsolicited inquiries from private developers concerning the future development potential of the site. Consequently, the City Manager has directed the Fire Department to identify which portions of the parent site could be considered surplus, and therefore sold at such time as a development is approved by Common Council. On May 21, 2013, Common Council considered a report from the City's Real Estate Division and, based on the submitted tentative subdivision plan, has declared the balance of the lands at the corner of Millidge Avenue and University Avenue (being PIDs 00048454 and 003 8075 8, saving and excepting the proposed Lot 13 -01) as surplus. As part of this resolution, Staff has been authorized to proceed with the subdivision application. Prior to this application, the Committee had favourably considered a similar / compatible use and variance application at its March 19, 2013 meeting to allow the construction of a firefighting training tower at an alternate location, namely the City's works depot at 100 Boar's Head Road. INPUT FROM OTHER SOURCES: Infrastructure Development Service does not object to the proposed subdivision and variance so long as the proposed vesting fully encompasses the existing street. Inspection & Permitting Services has indicated that there are no apparent Building Code issues presented by decreasing the lot size for the fire station. Consequently, there are no objections to the proposal. 179 City of Saint John Page 3 608 Millidge Avenue / 55 University Avenue July 12, 2013 Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have advised that the area is "all clear" and that the proposal is not near any pipeline facilities. Saint John Energy has been forwarded a copy of the application. ANALYSIS: Site and Neighbourhood The subject property is situated at the intersection of Millidge Avenue and University Avenue in Millidgeville (see attached location map). The property is comprised of two parcels of land, which have been developed with a fire station at 608 Millidge Avenue and a small fire academy building at 55 University Avenue. A firefighting tower was located on the site at 608 Millidge Avenue but was demolished in 2011. The neighbourhood surrounding the site contains a variety of land uses. To the south of the site are undeveloped lands, through which the pipeline runs, while there are residential areas to the east (Candlewood Lane, comprised of townhouses) and to the west (along the opposite side of Millidge Avenue, primarily single -unit dwellings with some apartment blocks in behind). As well, a fifty -unit apartment is located across from the site on University Avenue. Non - residential uses include the NCH office building (kitty- corner from the site) and the Wendy's /Tim Horton's restaurant and the Charles Gorman Arena along the north side of University Avenue. Proposal The present application would sever a lot from the parent property to contain the existing fire station and associated site features (parking, landscaping, etc.). In addition, the proposal would create a small parcel to be added to the University Avenue public street right -of -way. Subdivision Although the proposed subdivision would conform to the requirements of the Subdivision By -law, because the plan involves the vesting of a public street, the assent of Common Council will be required. Prior to consideration by Common Council, the Subdivision By -law requires a recommendation from the Planning Advisory Committee concerning the proposed street vesting. The tentative plan also illustrates certain municipal services and public utility easements which will be considered by Common Council as part of the application, although a recommendation from the Committee is not required. There is an existing portion of street (the right -hand turning lane from Millidge Avenue onto University Avenue) that crosses the City -owned property but is not vested as a public street. The proposed subdivision would vest a small parcel of approximately 83 square metres as a public street right -of -way to rectify this issue prior to the preparation of the proposal call. Given the nature of the proposed street vesting, it is being recommended for Council's assent. 180 City of Saint John 608 Millidge Avenue / 55 university Avenue Variance Page 4 July 12, 2013 While the proposal conforms to the requirements of the Subdivision By -law, a variance from the provisions of the Zoning By -law is necessary. The subject site is located in an "IL -2" Major Institutional zone, which limits the maximum lot occupancy (the portion of a lot occupied by buildings or structures) to 20 %. As a result of the subdivision, the fire station would occupy approximately 23% of the proposed Lot 13 -01. Discussions were had with the applicant about the potential to increase the size of the proposed lot such that a variance would not be necessary. It is Staff's understanding that, due to topographic / soil concerns (there is a significant rock formation along the southern end of the remnant lot), the applicant desires to keep the proposed property line as tight as possible to the fire station site in order to leave a larger developable area, clear of the rock formation. Part of the purpose of the lot occupancy requirement is to ensure that the minimum required setbacks can be provided as well as to ensure that there is sufficient space to provide the minimum required parking, manoeuvring aisles and landscaping. All of these existing site amenities would be retained as per the By -law standards and, given the minor amount of the variance, approval can be recommended. PF Project No. 13 -138 181 PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT IL -1 1 � Y,♦ R -1A I'll •z 1 R R -1A •, 1 I 1 { { { E -R R -2 RM -1 C, L- { I R -1A ! oop I y RA B { R -1 B •♦ _ - ,♦ R -2 ` R -1 B -' B -2 ♦. us RS -2 ._..�.L.�• TFI •� R -2 1 Subject Site / Site en question: PID(s) / NIP(s): 00048454 and Location: 608, avenue Millidge Avenue / 00380758 55, avenue University Avenue Date: June / juin 25, 2013 Scale / echelle: Not to scale / Pas a I'�fPelle f -1 433S353 HE cD 41 7 g! .......... .................... '01 4 21 f, e} tai H1 i - j -31 flEr, oil l j 1 . ..... m 16 :ca r. Vona cm r� �€ \� �- \ au E �r K E 1-06%-46 wjI S Nqa,%A lr, 183 ve. a Saint John Parking Commission Commission sur Ile stationnement de Saint John July 16, 2013 Mayor Mel Norton and Members of Common Council City of Saint John 8`h Floor, City Hall Saint John, NB Your Worship & Councillors: RE: HotSpot Parking — Council Referral 11th Floor, City Hall, 11 i6me Etage, H6tel de Ville P.O. Box 1971 / C.R 1971 Saint John, N.B. /N. -B. E2L 41_1 Tel/ Tel: (506) 658 -2897 Fax/ T616copieur: (506) 649 -7938 E -mail / Courriel: parking @saintjohn.ca At is meeting of June 10, 2013, Common Council referred the matter of HotSpot Parking to the Saint John Parking Commission for a report and recommendation. The HotSpot Parking System is promoted as providing a convenient parking solution for motorists, municipalities and businesses in the city centre. For motorists, they will be able to pay for parking using a mobile phone application instead of coins, and they will be able to extend their time if they are running late to avoid getting a parking ticket, For municipalities, the system provides cost savings in coin collection, the potential for increased parking revenue by keeping meters paid up, and makes the city centre more attractive to both businesses and their customers. The HotSpot concept is differentiated from similar "pay by phone" systems available on the market by connecting retailers with customers through the use of social network and geo- location parking data. This data is collected and analyzed to create unique profiles for subscribers to the system; these customer profiles include information such as occupation, age demographic, vehicle, likes and interests, and shopping tendencies. Retailers and other businesses can then use this information to provide higher value for their customers by offering customer reward programs, advertisements for local businesses, and incentives to visit the city centre. The City of Fredericton has agreed to participate in a six -week pilot program with HotSpot beginning in August and they are very interested in doing the same here in Saint John. The Fredericton pilot program and the Saint John pilot program will be different because the City of Fredericton does not use a handheld ticket writing system like Saint John; they issue handwritten tickets and then enter them onto their computer system. As well, Fredericton uses a combination of parking meters and pay by space machines; whereas, Saint John uses parking meters and pay and display machines. The Fredericton pilot will only target on- street parking meters — not the pay by space machines. HotSpot is also meeting with the Downtown Fredericton merchants to get input on how to best proceed with the program in Fredericton. 184 www.saintjohn.ca On June 17, 2013, staff members from the Saint John Parking Commission and Brian Woods, Manager of the City's Information Technology Department, met with Phillip Curley and Brody Hanson of HotSpot Parking; Mr. Curley made a presentation of their concept of a "pay by phone" system. HotSpot took the opportunity to gather information about the current parking systems and infrastructure used in Saint John to enable them to adapt their system to meet Saint John's needs. Mr. Curley has indicated that the required system changes will be ready no later than mid - September which is when they are proposing to start the pilot is Saint John. Additionally, HotSpot met with Peter Asimakos of Uptown Saint John and received positive feedback from this group. In the interim, meetings are being set up with Uptown Saint John merchants to gather input for program development in Saint John. Mr. Curley will be in contact with the Parking Commission as the process is worked out. The matter has been forwarded to the Legal Department to obtain an opinion of what is permissible under the current by -law. ctfully submitted Donna Reardon 1 Chair J Saint John Parking Commission /vf 185 2 To His Worship Mayor Mel Norton and Councilors, My name is Brian Boyd and I am president of Port City Rainbow Pride. Our Pride Week is August 11th -17th this year and I would like to present to the council on behalf of the PCRP Committee. I would require only 5 minutes and it would entail a thank you to yourselves as well as local businesses and volunteers along with the proclamation being read in chambers. Also would present to council with a Pride ribbon and sticker that we will be distributing throughout the week at our events. I thank you in advance for your consideration of this request. Brian Boyd PCRP President. 19 G{-c't V-)G Co U rt c5Gt l A- —Sc) k C a 31' -� �'a 186 HECEIVED — COMMON CLERK'S OFFICE JUL 2 3 1013 CITY OF SAINT JOHN July 24, 2013 Mayor Mel Norton And Members of Common Council City of Saint John, P.O. Box 1971 Saint John, NB E21-41-1 Your Worship Mayor Norton and Members of Council, Subiect: Proposed Development 700 Millidge Avenue COMMON CLERK'S OFFICE JUL 2 4 2013 CiTY OF SAINT JOHN In a letter to Council dated June 3, 2013, 1 commented on the lack of detail on the proposed detention pond. At that time the public was being told that the pond had not been designed and details were not available. Some of my comments contained in the June 3, 2013 letter follow: Details on the Stormwater Detention Pond Are Not Available At the PAC meeting of May 22, Mr. Jason Shannon, President and COO Shannex Incorporated stated that the design and construction of the stormwater detention pond was the most challenging aspect of the development. The representatives of Shannex stated several times that the detention pond was not yet designed, so they were unable to answer specific questions about the pond, such as slope of sides, depth, area, exact location, etc. All that exists in the application is a sketch showing the general area of the pond with no details. The stormwater pond is the component of this development that will have the greatest impact on adioining residential properties located along the northern and eastern property lines and upon the downstream storm sewer system. There is no information on any buffer zone between the residential property lines and the pond; if the pond will be fenced; whether it will always have standing water or only retain water during storm periods. At the northwest corner of the property is the only visible outcrop of rock on the site. This is a natural buffer between several of the residential properties and the proposed development. Will the pond design require that this rock be removed by blasting or otherwise? These are matters important to the residents that they should be able to address after viewing the final pond design. 187 It does not appear to be fair that the only input that neighbours can have on the pond is at a public hearing, where there are no details. There must be opportunities for the neighbouring property owners to have input on the pond design, during the design period and on the final design once it is completed. This opportunity for review should occur before the development is approved. Information available but not provided for public review and comment On May 21, the day prior to the PAC Hearing and before Council's Public Hearing on June 3rd an Agreement of Purchase and Sale of the City owned lands for the proposed development was approved by Council. This Agreement of Purchase and Sale included a provision that the Purchaser was to design a storm water detention pond in accordance with a concept prepared by CBCL Limited in a report dated February 7, 2013. This report was contained in the Agreement of Purchase and Sale as Schedule "E" CBCL Limited Report Re: Stormwater Detention Pond. The CBCL February 7, 2013 report contains specific details concerning the design of the storm water detention pond. This report should have been made available to the public prior to the PAC Hearing and the Council Public Hearing. The report provided two concepts for the development of a detention pond and these were illustrated in Fig 1 and Fig 3. The Fig 1 concept titled: Original Overall Layout And Excavation Plan provides for 86% (11,200 cubic metres vs. 13,000 cubic metres) of the storm water detention envisioned for the site in the CBCL April 2010 report. It also provides a much greater buffer area between neighbouring properties on Millidge Ave, Trinity Close, and Woodhaven Drive and the detention pond than does the concept in Fig 3. The Fig 3 concept titled: Modified Overall Layout And Excavation Plan provides for 125% (16,200 cubic metres vs. 13,000 cubic metres) of the storm water detention than envisioned in the CBCL 2010 report and greatly reduces the buffer area between the neighbouring properties and the pond. It appears that the pond construction will begin about 2 metres from the property lines, basically providing no buffer area. If the February 7, 2013 CBCL report had been available to the public prior to the PAC and Council hearings then arguments could have been made either for or against either concept. Is it fair that the developer had access to the CBCL report but not the public? 2 188 I understand from reading the Agreement of Purchase and Sale that a decision has been made to follow the concept in Fig 3 for the pond design. Throughout this process it was stated that there were no details available for the public to review concerning the detention pond design. However, the CBCL concept layouts did exist but were not disclosed to the public. Request Since the public was not privy to the CBCL Limited Report of February 7, 2013 and thus unable to offer comment to Council, I request Council to reconsider the detention pond concept and specifically request that the detention pond design follow the concept outlined in Fig 1, thus creating a greater buffer area between neighbouring properties and the pond and perhaps also saving a grove of mature trees along the northwest boundary. Respectfully submitted, William Butler 22 Trinity Close Saint John, NB E2K 41\19 Attachments: Proposed Site Plan Shannex Parkland Saint John, 2012 1101 Fig 1 Original Overall Layout And Excavation Plan, CBCL Limited Jan /2013 Fig 3 Modified Overall Layout And Excavation Plan, CBCL Limited Feb/1/2013 3 189 c � | uj `^. L ! * � ' ! � � — ~ � Qf LLJ 0 W CO — � � ' ! � � | L MEW — � � ' ! � � | i IN , 8 "`I Jig'`f •170 � � � � ��t.�' � I � / Z � O m 191VOt NOC 10 -1"3 ' -U-AVT 2 t OU URR MMM OMO'L- NINa�e mzfv[m wn to nn m nueu univ�nn uuwwu� e.wiwca.0 �.ww., .....,,.,,,....... qw- ii 1 �W yNP ID CW e / m s m _ 0 gg � 373 1 i r d V ` I 0 af 1 , 'LO A+.+V.d ' 41 Aryu-IQ6 s 9L1 f3R9w 1um OM0'LOOCi40o3trNVIdiSW 1(3MMM5 !e'LYOLYO RNLI le mo m auoa ueuwa,an vuwwv, cunnnicvui �.w�ww �,. �...,.., �,,,...,..... s REPORT TO COMMON COUNCIL M &C2013 -167 July 24, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint John SUBJECT: Contract No. 2013 -19: — St. James Street West (Lancaster St. to Watson St.) — Watermain Renewal BACKGROUND The approved 2013 Water & Sewerage Utility Fund Capital Program includes project funding for the renewal of the watermain along St. James Street West between Lancaster Street and Watson Street. The 2013 General Fund Capital Program includes funding for a portion of the street resurfacing. TENDER RESULTS Tenders closed on July 24, 2013 with the following results: 1. Midi Construction Ltd., Saint John, NB $213,394.85 2. Galbraith Construction Ltd., Saint John, NB $235,043.39 3. Terraex Inc., Saint John, NB $247,001.05 4. Gulf Operators Ltd., Saint John, NB $284,769.04 5. Falls Construction Ltd., Grand Falls, NB $395,506.50 The Engineer's estimate for the work was $250,000. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects with the exception of the tender submitted by Gulf Operators Ltd. The tender submitted by Gulf Operators Ltd., was found to contain mathematical errors. The errors were corrected in accordance with Division 2 — Instructions to Tenderers and Tendering Procedures, Section 2.1 Ls) (i) and the corrected result is reported herein. Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. 193 M &C2013 -167 July 24, 2013 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2013 Water & Sewerage Utility Fund Capital Program and the 2013 General Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and others. The analysis is as follows: Budget Project net cost Variance (surplus) $225,000 $223,000 $2,000 POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2013 -19: St. James Street West (Lancaster St. to Watson St.) — Watermain Renewal be awarded to the low tenderer, Midi Construction Ltd., at the tendered price of $213,394.85 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, David Russell, P. Eng. Municipal Engineer Wm. Edwards, P. Eng. Commissioner Transportation and Environment 194 )3(- K�� Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C 2013 -169 July 25, 2013 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: Saint John City Market - Lease of Space Stall "C -1" re, The City of Saint lahn On July 31, 2012, Common Council resolved to enter into a lease with 646534 N.B. Ltd. , doing business as Kim's Korean Food, for the lease of Stall "C -1" in the City Market. 646534 N.B. Ltd. has and continues to operate a fast food and deli outlet on the premises. On May 10, 2013, 646534 N.B. Ltd. approached the City of Saint John with the intentions of selling their assets to 669911 N.B. Inc. and requested a release from their current lease. This request of release was to enable the purchasing candidate, 669911 N.B. Inc., the opportunity to negotiate a new lease specifically relating to rental structure, length of lease, and use of leased premises. 669911 N.B. Inc., doing business as Kim's Korean Food, hopes to lease approximately three hundred eighty -one square feet (381 ftZ) of leasable area in the Saint John City Market, 47 Charlotte Street, Saint John, New Brunswick, and described as stall "C -1 ". 669911 N.B. Inc. intends to operate continuously, actively, and diligently for the sole purpose of a fast food and deli outlet with specific covenants of sale, as outlined in the proposed Lease (attached). The proposed use is considered appropriate and will maintain similar utilization of the space in relation to the previous occupant. 669911 N.B. Inc. has displayed and appears cognizant of the protocols which govern the City Market and tenants. Staff is satisfied that 669911 N.B. Inc. has sufficient familiarity with the business and anticipate its satisfactory continuation. Additionally, 669911 N.B. Inc. has submitted all the necessary documents and information required to enter into a lease agreement with the City of Saint John. The proposed Lease (attached) is highlighted by a term of five years with rent that ranges from $32.00 per square foot in year one to $34.00 per square foot in the fifth year, increasing year over year to reflect a forecasted increase for the consumer price index. The Gross rent shall be paid in equal monthly installments, monthly in advance, via pre - authorized debiting. There is no Landlord's base building work required. The lease document as attached is standard and consistent with the leases granted to other tenants in the City Market. 195 REPORT TO COMMON COUNCIL M &C 2013 -169 July 25, 2013 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: Saint John City Market - Lease of Space Stall "C -1" re, The City of Saint lahn On July 31, 2012, Common Council resolved to enter into a lease with 646534 N.B. Ltd. , doing business as Kim's Korean Food, for the lease of Stall "C -1" in the City Market. 646534 N.B. Ltd. has and continues to operate a fast food and deli outlet on the premises. On May 10, 2013, 646534 N.B. Ltd. approached the City of Saint John with the intentions of selling their assets to 669911 N.B. Inc. and requested a release from their current lease. This request of release was to enable the purchasing candidate, 669911 N.B. Inc., the opportunity to negotiate a new lease specifically relating to rental structure, length of lease, and use of leased premises. 669911 N.B. Inc., doing business as Kim's Korean Food, hopes to lease approximately three hundred eighty -one square feet (381 ftZ) of leasable area in the Saint John City Market, 47 Charlotte Street, Saint John, New Brunswick, and described as stall "C -1 ". 669911 N.B. Inc. intends to operate continuously, actively, and diligently for the sole purpose of a fast food and deli outlet with specific covenants of sale, as outlined in the proposed Lease (attached). The proposed use is considered appropriate and will maintain similar utilization of the space in relation to the previous occupant. 669911 N.B. Inc. has displayed and appears cognizant of the protocols which govern the City Market and tenants. Staff is satisfied that 669911 N.B. Inc. has sufficient familiarity with the business and anticipate its satisfactory continuation. Additionally, 669911 N.B. Inc. has submitted all the necessary documents and information required to enter into a lease agreement with the City of Saint John. The proposed Lease (attached) is highlighted by a term of five years with rent that ranges from $32.00 per square foot in year one to $34.00 per square foot in the fifth year, increasing year over year to reflect a forecasted increase for the consumer price index. The Gross rent shall be paid in equal monthly installments, monthly in advance, via pre - authorized debiting. There is no Landlord's base building work required. The lease document as attached is standard and consistent with the leases granted to other tenants in the City Market. 196 Report to Common Council Saint John City Market - Lease of Space Stall "C -1" INPUT FROM OTHER SOURCES Page 2 of 2 Staff of the City Market, Facility Management, and Legal Department have all reviewed and contributed to this report. Your City Manager recommends: 1) Approve the release of space for stall "C -1" in the City Market with 646534 N.B. Ltd. under the terms and conditions as set out in the Letter of Release submitted with MC2013 -169, and further; 2) Approve the lease of space for stall "C -1" in the City Market with 669911 N.B. Inc. under the terms and conditions as set out in the Lease submitted with MC2013 -169, and further; and 3) That the Mayor and Common Clerk be authorized to execute the lease. Respectfully sub itted, Trevor Gamblin, M.Sc.E, P.Eng. Manager, Facility Management Gregory J. Yeomans, CGA, MBA Commissioner, Finance and Administrative Services r P 'ck Woods, CGA Ci anager 197 This Indenture made this I % day of 7,-x1 2013. BY AND BETWEEN: 646534 N.B. Ltd., having its registered office at 4 Aspen Drive, Rothesay, New Brunswick, E2E 5C2, a body corporate pursuant to the laws of the Province of New Brunswick, the "Lessee" OF THE ONE PART -and— The City of Saint John, having its head office at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Lessor" OF THE SECOND PART WHEREAS by a Form A19 Lease dated July 31, 2012, the despise of Stall C- I(approximately 381 square feet) in the City Market, 47 Charlotte Street, Saint John, New Brunswick, became vested in the Lessee; and WHEREAS the Lessee has agreed to surrender Stall C -1 to the Lessor in order that its estate, term and interest therein may be merged and extinguished; NOW THEREFORE THIS INDENTURE WTTNESSETH that in consideration of the sum of One Dollar ($1.00) of lawful money of Canada paid by the Lessor to the Lessee, the receipt and sufficiency whereof is hereby acknowledged, the Lessee hereby assigns and surrenders to the Lessor, its successors and assigns, Stall C -1 to the intent that the unexpired residue of the demised term may merge and be extinguished, and the said Lessee for itself, it successors and assigns, hereby covenants with the Lessor, its successors and assigns, that it has good right, full power and absolute authority to assign and surrender Stall C -1 in the manner aforesaid and that it has not, at any time, done or executed any act, deed, matter or thing whereby the unexpired residue of the term is, shall or may in any wise be charged or encumbered. IN WITNESS WHEREOF the parties have executed this surrender as of the day and year hereinbefore first written. SIGNED, SEALED & DELIVERED} In the presence of: ; } #OTA,, � f t=oy 198 646534 N.B. Ltd. Per: President [2] The City of Saint John Mayor Common Clerk Common Council Resolution: 2013 199 COUNTY OF SAINT JOHN PROVINCE OF NEW BRUNSWICK 1, Soon Myung Kim, of the Town of Rothesay, in the County of Kings and Province of New Brunswick, MAKE OATH AND SAY:- 1. THAT I am the President of 646534 N.B. Ltd., the Lessee named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal of 646534 N.B. Ltd., is the corporate seal of the said 646534 N.B. Ltd., the Lessee named in the foregoing instrument and it was affixed by the officer authorized to so affix the seal. 3. THAT the signature "Joon Myung Kim" subscribed to the said instrument is my signature and as President I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the 17 day of Tj .2013. SWORN TO before me at the City of) Saint John, in the County of Saint ) John and Province of New ) Brunswick, this �L day of } 2013. ) } ) Comm' s ) Bei # j0 G 200 Joon Myung Kim Form A19 LEASE Standard Forms of Conveyances Act, S.N.B. 1980, c. S-12, a.2 The parties to this lease are: The City of Saint John, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, the "Lessor" - and- 669911 N.B. Inc., having its registered otnioe at 39 Celeste Court, Saint John, New Brunswick, E2K 4K4, a body corporate pursuant to the laws of the Province of New Brunswick, the "Lessee" The Rules and Regulations attached hereto as Schedules "D" and the Form attached hereto as Schedule "D-l" form part of this Lease. The Lessor leases to the Lessee the premises descnW in Schedule "A" attached hereto on the following conditions: Duration: Five (5) years Date of Commencement: August 1, 2013 Date of Termination: July 31, 2018 Payment Dates: First day of each and every month during term hereof This lease contains the covenants and conditions which are attached and set out in: (a) Schedule "C"; and (b) Rules and Regulations attached hereto as Schedule "D". DATED 2013. SIGNED, SEALED & DELIVERED in the presence of JAMIE J. FEENAN THE CITY OF SAINT JOHN Mayor Common Clerk Commons Council Resolution: , 2013 669911 N.B. INC. Per: %- —0 201 s ' All tbat certain pmemisas designated Stall C-1 m the City Marled, 47 Charlotte Street, Salt John, New Brungwiel, mm particularly shown an the dwtch beta below. :i GROUND FLOOR . (LEASEASL AREA 21 J.) . scALEi 1 %e -V -O" LEASE PLAN (COPIES: 8 Ile x 14" AF E NOT'TO SCALE) 202 0 s I LEASE FOR STALL SPACE CITY MARIET 569911 N.B, INC_ — STALL C -1 SCHEME -C- ARTICLE I DEFINITIONS IAI Definitions In this lease: a) "Additional Rent" means all and any monies required to be paid by the Lessee to the Lessor under or pursuant to the terms of this Lease, save only for Gross Rent; b) "Architect" shall mean the architect from time to time maned by the Lessor or at the option of the Lessor, the Lessor's general contractor. Any certificate provided by the Architect and called for by the terms of this Lease shall be final and binding on the parties hereto; c) "Commencement Data" means a date determined in accordance with the provisions of Section 2.03; d) "Common Areas" means those areas, facilities, utilities, improvements, equipment and installations in the City Market which from time to lime are not designated or intended by the Lesson• to be leased to tenants of the City Market, and those areas, facilities, utilities, improvements, equipment and installations which serve or are for the benefit of the City Market wheeler or not located in, adjacent to or new the City Market and which are designated from time to time by the Lessor as part of the Common Areas. Without limiting the generality of the foregoing, Common Area includes all parking areas, all entrances and exits thereto and all structural elements thereof, access roads, truck courts, driveways, truckways, delivery passages, the root; exterior weather walls, exterior and interior structural elements and bearing walls in the building and irnp ts comprising the City Market, package Pick up stations, loading and related areas, pedestrian stairways, ramps, electrical, telephone, meter, valve, mechanical, mail storage service and janitor room and galleries, fire prevention, security and communication systems, columns, Pipes, electrical, plumbing, drainage, any central system for the provision of heating, ventilating or air conditioning to leaseable premises or any enclosed Common Area and all other installations, equipment or services located therein or related thereto as well as the structures housing installations, including but not limited to all open and enclosed malls, courts and arcades, public seating and service areas, corridors, fiurniture, first aid and/or information stations, auditoria, conforerice rooms, nurseries, childcare play areas and related ldtehen and storage facilities, escala w% elevators, public washrooms, music systems and any atrium seatingtfood court: e) "C.P.I." means the Consumer Price Index (Ail Items) for Canada (or any index published in substitution for the Consumer Price Index or any other replacement index reasonably designated by the Lessor, if it is no longer published) published by Statistics Canada (or by any successor thereof or any other governmental agency, including a provincial may); f) "Atrium Seating/Food Court" means those portions of the Common Areas designated by the Lessor from time to time for use in support of the operations of any group of promises providing quick food service to customers of the City Marled and includes, without limiting the generality of the foregoing, public table mud seating areas, waste collection facilities and other areas, facilities and equipment intended for such use; g) "Cnws Receipts" means the total of all gross sales and receipts from all business conchrcted upon or from the Leased Premises, whether or not by the Lessee, and whether for cash, cheques, credit, charge account, exchange or otherwise, and shall include, but not be limited to, amoants received or receivable from the sale of goods or services and the amount of all orders taken or received at the Leased Premises regardless of where they are filled, whether such sales be made at a sales desk or counter, over the telephone or by any vending device. Int+o=% instalment, finance charges and deposits will be included, and bank or collection agency charges and uncollectible amount or bad debts Will not be deducted. A credit or instalment sale will be considered as a We for the full price in the month in which it takes place. Gross Receipts shall not include: 203 Lease for Stall Space — City Market 669961 N.B. Inc. — Stall C-I Schedule "C' - Page2- L sales for which the customer has received a refund, provided that the original sale was included in Gross Receipts; I sales of merchandise m exchange for returned merchandise, but only to the extent the original sale of the returned merchmadise was included in Gross Receipts; iii. HST and any other sales, use, excise or gross receipts tax directly on sales and collected from customers at the point of sale, provided that the amount thereof is added to the selling price and shown and/or collected as a separate item, sad paid by the Lessee to such governmental authority; iv. delivery charges; v. transfers of merchandise between stores of the Lessee or returned to suppliers of the Lessee, but only if such transfer or return is not for the purpose of reducing Gross Receipts. h) "HST" means harmonized sales taxes, value -added taxes, multi -stage taxes, business transfer taxes or other similar taxes however they are characterized and any taxes in lieu thereof; r) "Hazardous Substances' means any cor arninant, pollutant, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable, explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's or any other substances or materials that are declared or defined to be hazardous, toxic, contaminants or pollutants in or pursuant to any applicable federal, provincial or municipal statute, by-law or regulation; D "Lessor" includes the Lessor and its successors and assigns; X) "Lease" means this indenture of lease and includes any riders and schedules hereto and shall also include any agreements entered into which have the effect of amending this indenture from time to time; 1) "Leased Premises" means the premises leased to the Lessee as referred to and described in Section 2.01 hereof Save as mentioned below, the boundaries of the Leased Premises shall ext end $om the top sru-face of the structural subfloor to the bottom surface of the structural ceiling. If the Leased Premises have no ceiling abutting the demising walls, but rather are open to the ceiling of the City Market building, the boundaries of the Leased Premises extend from the top surface of the structural subfloor to the height of the demising walls; m) Lease Year" shall mean a period of time commencing on Augmt 1" and ending on July 31" of the following year, n) "Gross Rent" means the annual Gross Rent payable by the Lessee pursuant to Section 3.01; a) "Operating Costs" means the total cost and expense incurred in owning, operating, maintaining, managing and administering the City Market and the Common Areas, specifically inehrding without limiting the generality of the foregoing, any capital or place of ownership taxes levied against the Lessor or any owner's of the City Market on account of their interest in the City Market, in an amount equitably allocated to the City Market by the Lessor, gardening and landscaping charges; the cost and eixperms of taking out the insurance described in Section 9.03; cleaning, snow removal, garbage and waste collection and disposal.; lighting, electricity, public utilities, loud speakers, public address and musical broadcasting systems and any telephone answering service used in or serving the City Market, and the cost of electricity and maintenance for any signs designated by the lessor as part of the Common Areas; policing, security, mow vision and trafk control; salaries and benefits of all supervisory and other personnel employed in connection with the City Market and management office rent imputed to the City Market by the Lessor, acting reasonably; Management Fee, the cost of providing additional parking or other Common Areas for the benefit of the City Market, whether such costs be Taxes or other type of costs; the costs and expenses of environmental site reviews and investigations, removal and/or clean -up of Hazardous Substances from the Common Areas; the cast of the rental of any equipment and signs and the costs of supplies used in the maintenance and operation of the City Market and the Common Areas; accounting and audit fees incurred in the preparation of the statements required to 204 lAmse for Stall Space — City Market 669461 N.B. Inc, — Stall C-1 Schedule "C" -Page 3 - be prepared and supplied by the Lessor under the terms of this Lease; heating, ventilating and air conditioning of the Common Areas; all repairs and replacements to and maintenance and operation of the City Market and the Common Areas; depreciation or amortization of the coats, including repair and replacement, of all maintenance and cleaning equipment, master utility meters, and all other fixtures, equipment, and facilities serving or comprising the City Market or the Common Areas; which we not charged fully in the Lease Year in which they are incurred, from the earlier of the date when the cost was incurred or the Commencement Bate, at rates on the various items determined from time to time by the L.e®sor in accordance with sound accounting principles; p) "Proportionate Share" means a fraction, the numerator of which is the Rentable Area of the Leased Premises and the denominator of which is the Rentable Area of the City Market; q) "Rent" means all Gross Rent and Additional Rent payable pursuant to the terms of this Lease; r) "Rentable Area of the Leased Premises" means the area expressed in square feet of all floors of the Leased Premises measured from: i. the exterior face of all exterior walls, doors and windows; ii. the exterior face of all interior walls, doors and windows separating the Leased Premises from Common Areas; if any, and iii. the centre line of all interior walls separating the Leased Premises from adjoining leasable premises. The Rentable Area of the Leased Premises includes all interior space whether or not occupied by projectloais, structures or columns, structural or non - structural, and if the store front is recessed from the lease line, the area of such recess for all purposes lies within the Rentable Area of the Leased Premises. a) "Rentable Area of the City Market" means the area in square feet of all rentable premises in the City Market set aside for leasing by the Lessor from time to time, except for any occupancy as designated by the Lessor for which there is no Gross Rent payable. Provided however that the Lessor shall credit to Operating Costs any contributions received in respect of such Operating Costs from the occupants of any of the areas excluded from the Rentable Area of the City Market in accordance with this definition. Provided further that in determining the fraction that is tiro Lessee's Proportionate Share, if the Leased Premises consists of any of the foregoing excluded categories, the Rentable Area of that category will be included in the Rentable Area of rho City Market; t) "Rules and Regulations" means the rules and regulations adopted and promulgated by the Lessor from time to time acting reasonably, including those listed on Schedule "D' u) "City Market" means the lands and premises known by the civic address 47 Charlotte Street, Saint John, New Brunswick, as such lands and premises may be altered, cgmided or reduced from time to time and the buildings, improvcmenffi, equipment and facilities erected thereon or situate from time to time therein; Y) "Taxes" means all duties, real property taxes, charges, assessments and payments, from time to time levied, assessed or imposed upon the City Market or any pert thereof or upon the Lessor by reason of its ownership of the City Market, by any taxing authority. Taxes shall also include any penalties, late payment or interest charges imposed by any municipality or other taxing authority as a result of the Lessee's late payments of any taxes or instalments thereof. For greater certainty ` Taxes" shall exclude any penalties or interest incurred by the Lessor as a result of its failure to pay Taxes in a timely manner, except Taxes shall include any interest in respect of a deferral of payment in accordance with srnmd acmmtiag practices if permitted by statute or pursuant to an agreement with the taxing authority; and (ii) income, profit or excess profits taxes of the Lessor, w) "Lessee" means the party named as Lessee in this Lem; and x) "Term" means the period referred to in Section 2.03. 205 Lease for Stall Space — City Market 669961 N.B. Inc. — Stall C-1 Schedule "C" - Page 4- ARTICLE 11 GRANT, TERM AND INTENT 2.01 Leased Premises In oonsideration of the rem, covenants and agreements heref u ar reserved and contained on the part of the Lessee to be paid, observed and performed, the Lessor demises and leases to the Lessee and the Lessee leases from the Lessor, the Leased Promises. The Leased Premises are presently designated as Stall No. C -1, are shown outlined in red on Schedule "A" attached hereto and contain a Rentable Area of approximately Three Hundred Eighty -One Square Feet (381.00 W). In the event the Leased Premises is re-mmsured the Lessee shall pay all gents based on a maacimum square footage of Three Hundred Eighty - One Square Feet (381 .00 fts}. 2.02 Use of Common Areas The use and occupation by the Lessee of the Leased Premises shall entitle the Lessee to the use in common with all others entitled thereto of the Common Areas, subject however, to the terms and conditions of ibis Lease and to reasonable rules and regulations for the use thereof as prescribed from time to time by the Landlord. 2.03 Term of Lease TO HAVE AND TO HOLD the Leased Premises for and during the term of five (S) years to be computed from August 1, 2013 and fully to be completed and ended on July 31, 2018 save as hereinafter provided for earlier termination. PROVIDED THAT if there is any Lessor's Work or Lessee's Work to be performed prior to the Lessee opening for business in the Leased Premises or the Leased Premises are occupied by a tbird party as of the date of this Lease, the Commencement Date shall be the earlier of a) zero (0) days after the Lessor has delivered vacant possession of the Leased Premises to the Lessee notwithstanding that the Lessor may still, during such zero (0) day period, be completing its work, or b) the opening by the Lessee to the public of its business in the Leased Premises. Notwithstanding any change in the Commencement Date calculated in accordance with the preceding provisions hereof; the Terms shall expire on the date set for such expiry m the first paragraph of this Section 2.03, subject always to earlier termination as provided for in this Lease. PROVIDED THAT upon the Lessor or its Architect giving notice to the Lessee that the Leased Premises are available for the commencement of the Lessee's Work, the Lessee shall immediately take possession of the Leased Promises and shall occupy same for the purpose of fixbu mg and installing its inventory, at its own risk, for a period of ** (**) days after receipt of such notice or until the Lessee opens for business to the public in the Leased Premises, free of the payment of Gross Rent, and Additional Rent save for the obligation of the Lessee to pay for all utility charges used by the Lessee or consumed in the Leased Premises during the period of such fixtunng, and shall during the period from the giving of such notice until the Commencement Date be a tenant in the Leased Promises subject to the same covenants and agreements as are contained in this Lease, mutatis mutandis. FURTHER PROVIDED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, if the Lessor is unable to deliver vacant possession of the Leased Premises to the Lessee for any reason, including but not limited to the holding over or retention of possession of any other lessee or occupant, or the lack of completion of any repairs, improvements or alterations required to be completed before the Lessee's occupancy of the Leased Premises, tires the time for commencement of the Term shall be extended to correspond with the period of delay and the Lessee shall not be entitled to any abatement or diminution of Rent (except that Rent shall not commence to be payable until possession of the Leased Premises is given by the Lessor to the Lessee) nor shall the validity of this Lease or the parties' respective obligations hereunder be affected. However, if the Lessor does not give vacant possession of the Leased Premises to the Lessee within six (6) months of the date of this L ease, then the Lessor may, at is option, terminate this Lease by written notice to the Lessee and in such event this Lease shall be null and void and of no effect whatsoever. Any deposit paid by the Lessee to the Lessor shall be returned without interest or deduction, and neither party shall have any Ruther liability to the other_ Forthwith, upon the Commencement Date being determined in accordance with the foregoing, the Lessee shall execute an acimowledgement of same on Lessor's usual form 206 Lease for Stall Space — City Market 669961 N.B. Inc. — Stab C-1 Schedule "C" - Page 5 - The Lessee shall pay all Grow Rent and Additional Rant calculated on a per diem basis, from the end of the rent-free period to the last day of the month in which the Commencement Date occurs and thereafter all payments of Rent shall be made on the first day of each month throughout the Term unless otherwise specified herein. 2.04 Option to Renew — purposely deleted. ARTICLE III RENT AND DEPOSIT 3A1 Grom Rest The Lessee shall pay annual Gross Rent to the average amount of Thirty - Three Dollars ($33.00) per square foot of Leased Premises. The Gross Rent shall be paid in equal monthly instalments, monthly in advance. According to the following schedule: Year 1 - S32.00 per square foot ($1,016.00 monthly) Year 2 - $32.50 per square foot ($1,031.87 monthly) Year 3 $33.00 per square foot ($1,047.75 monthly) Year 4 $33.50 per square foot (S 1,063.62 monthly) Year 5 $34.00 per square, foot (51,079.50 monthly) 3.02 Reports by Lessee a) The Lessee shall submit to the Lessor on or before the le day following the end of each calendar month during the Term and including the 10a day of the month following the end of the Term, at the place then fixed for the payment of Rent, a written statement signed by the Lessee showing the amount of Gross Receipts for the preceding month (and fractional month, if any) and the anuxunt of Gross Receipts for all preceding months of such Lease Year, b) On or before the 60a' day following the end of each Lease Year ( including the last Lease Year of the Term) the Lessee shall submit to the Lessor a statement in such form, style and scope as the Lessor reasonably determines, showing the amount of Gross Receipts during the preceding Lease Year, which statcmcut shall be duly certified to be correct by the Lessee. The Lessee will not change its procedure relating to any aspect of its reporting of Gross Receipts without the prior written consent of the Lessor, which consent shall not be, unreasonably withheld. c) In addition to any other reports required by this Section 3.02, the Lessee shall also supply to the Lessor a statement of the approximate amount of Gross Receipts during any particular week in iespect of which such a statement is requested by the Lessor, it being acknowledged that such weekly statement will be requested during weeks when promotions or other special activities are being carried on in the City Market. 3.03 Audit (Mandatory when rent calealadon based on Lessee's War) At its option, the Lessor may cause, at any reasonable time upon five (5) days' prior written notice to the Lessee, a complete audit to be made of the Lessee's entire business affairs and records relating to the Leased Premises for the period covered by any statement issued by the Lessee pursuant to Section 3.02. Any information obtained by the Lessor as a result of such audit shall be held in strict confidence by the Lessor. 3.04 Rent Past Dime If the Lessee fails to pay, when the same is due and payable, any Gross Rest, Additional Rent or other amount payable by the Lessee under this Lease, such unpaid amounts shall bear intereat from the due date thereof to the date of payment, compounded monthly at the rage equal to four (4) percentage points in excess of the Prime Rate. 3.05 Pre - Authorized Payments The Lessee must participate in a pre - authorized payment plan whereby the Lessor will be authorized to debit the Lessee's bank account each month from time to time during each Lease Year in an amount equal to the Gross Rent and Additional Rent payable on a monthly basis, and, if applicable, generally any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis. 207 Lease for Stall Space — City Market 669961 N.B. Inc. — Stall C -1 Schedule "C" - Page 6 - The Lessor shall sign a form of application which is the same or similar to Schedule "D-1 ", or as maybe required by the Lessee's bank, credit union or other financial institution. ARTICLE IN TAXES 4.01 Taxes Payable by the Lessor The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market or any part thereof subject always to the provisions of this Lease regarding payment of Taxes by the Lessee. However, the Lessor may defer payment of any such Taxes or defer compliance with any statute, law, by -law, regulation or ordinance in connection with the levying of any such Taxes in each case to the fullest extent permitted by law, so long as it diligently prosecutes any contest or appeal of any such Taxes. 4.02 Tam Payable by Lessee a) The Lessee shall during the Term pay, without any deduction, abatement or set -off whatsoever, all Taxes levied, laid or assessed on or against the Leased Premises; b) In the case of assessments for local improvements or betterments which are assessed or imposed during the term and which may by law be payable in instalments, the Lessee shall only be obligated to pay such instalments as same fall due during the Term, together with interest an defected payments; c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the Lessee to keep any covenant contained in this Article, the certificate or receipt of the department, officer or bureau charged with collection of the Taxes, showing that the tax, assessment or other charge affecting the Leased Premises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other charge was due and payable as a lien or charge against the Leased Premises or that it has been paid as such by the Lessor, d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by legal proceedings or in such manner as the Lessee in its opinion shall deem advisable (which proceedings or other steps taken by the Lessee shall be conducted diligently at its own expense and five of expense to the Lessor) any and all Taxes kvicd, assessed or imposed upon or against the Leased Premises or Taxes in lieu thereof required to be paid by the Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations to pay the Taxes as herein provided pending the contest, but if by law it is necessary that such payment be suspended to preserve or perfect the Lessee's contest, then the contest shall not be undertAm without there being first deposited with the Lessor a sum of money equal to twice the amount of the Taxes that are the subject of the contest, to be held by the Lessor as an indemnity to pay such Taxes upon conclusion of the contest and all costs thereof that may be imposed upon the Lessor or the Leased Promises. Any costs associated with an appeal undertaken by the Lessor, the Lessee shall pay their proportionate share of such costs; e) The Lessee upon request of the Lessor will promptly exhibit to the Lessor all paid bills for Taxes which bills after inspection by the Lessor shall be returned to the Lessee. 4.03 HST Payable by Lessee The Lessee shall pay to the Lessor all HST on Rent and any other HST imposed by the applicable legislation on the Lessor or Lessee with respect to this Lease, in the mariner and at the times required by the applicable legislation. Such amounts are not consideration for the rental of space or the provision by the Lessor of any service under this Lease, but shall be deemed to be Rent and the Lessor shall have all of the same remedies for and rights of recovery of such amounts as it has for recovery of Rent under this Lease. If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor due to a default or as consideration far a modification of this Lease, and the applicable legislation dams a part of the deposit or amount to include HST, the deposit or amount will be increased and the increase paid by the Lessee so that the Lessor will receive the full amount of the forfeited deposit or other amount payable without encroachment by any deemed HST portion. 4.04 Business Taxes and Other Taxes of 1,eme The Lessee shall pay to the lawful taxing authorities, when the same becomes due and payable: 208 Lease for Stall Space — City Market 669961 N.B. Inc. — Stall C-1 Schedule `5C" - Page 7- a) all taxes, rates, duties, assessments and other charges that are levied, rated, charged or assessed against or in respect of all improvements, equipment and facilities of the Lessee on or in the Leased Premises; and b) every tax and license fee which is levied, rated, charged or assessed against or in respect of any business carried on in the Leased Premises or in respect of Are use or occupancy thereof whether in any ease any such taxes, rates, duties, assessments or license fees are rated, charged or assessed by any federal, provincial, municipal or other body. ARTICLE V 3.01 Utilities The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event that a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor the Lessee's proportionate share of any utility consumed. ARTICLE VI MERCHANTS' ASSSOCIATION 6.01 Merchants' Association If and when an association or corporation of merchants or lessees (the "Association ") is formed comprising tenants of the City Market, the Lessee shall forthwith become a member of such Association or if such an Association has already been formed, the Lessee shall fordmith become a member thereof and the Lessee shall retain its membership in such Association during the entire Team and shall abide by all rules, regulations, by -laws, decisions, directions, dues and assessments of the Association. Such Association shall in no way affect the rights of the Lessor and any by -laws, rules and regulations of such Association shall at all times be subject to the prior approval of the Lessor. 6.02 Promotion Fund The Less= shall pay to the Lessor an amount equal to 6% of annual Gross Rent to be paid in twelve (12) monthly instalments each instalment payable on the 1" day of each month during the Term. ARTICLE VII CONDUCT OF BUSINESS BY TENANT 7.01 Use of Leased Premises a) The Leased Premises shall be used continuously, actively and diligently for the sole purpose of a fast food and deli outlet. Products sold — hot and cold sandwiches, food platters, fried chicken, fish, burgers, hot dogs, firench fries, apple and onion rings, soups, stews, chowders, chili, clams, scallops, hot and cold beverages, assorted salads, lobster and shrimp rolls, ice - cream, cooldes, cakes, pies, candy, bars and potato chips, Oriental and Italian specials. The Lessee will not use or permit or suffer the use of the Leased Premises or any part thereof for any other business or purpose. In connection with the business to be conducted by the Lessee on the Leased Premises, the Lessee shall only use the advertised name OKim's Korean Food" and will not change the advertised name of the business to be operated in the Leased Premises without the prior written consent of the Lessor. The Lessee shall not introduce new product lines, or offer new services to its customers without first obtaining the written consent of the Lessor. The Lessee acknowledges that it would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee of such product line or service would compete with the business of o6or tenants in the City Market or infiinge on exclusive covenants granted by the Lessor. 209 Lease for Stall Space — City Market 669961 N.B. Inc. — Stall C-1 Schedule "C" - Page 8- Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in the City Market any of the products or services permitted to be sold or provided from the Leased Premises pursuant to this Section 7.01; nor (u') prevent the Lessor from leasing any other premises in the City Market to any other tenants) carrying on a business which is similar in whole or in part to the business permitted to be carried on from the Leased Premises pursuant to this Section 7.01. b) The Lessee acknowledges that its continued occupancy of the Leased Premises and the regular conduct of business therein arse of utmost importance to neighbouring tenants and to the Lessor in the renting of space in the City Market, the renewal of other leases therein, the efficient and economic supply of services and utilities, and in the character and quality of other tenants in the City Market. The Lessee therefore covenants and agrees that throughout the Term it will occupy the entire Leased Premises, comply strictly with the provisions of Section 7.01 and not vacate or abandon the Leased Premises at any time during the Term The Lessee acknowledges that the Lessor is executing this Lease in reliance thereupon and that the same is a material element inducing the Lessor to execute this Lease. The Lessee further agrees that if it vacates or abandons the Leased Premises or fails to so conduct its business therein, or uses or permits or suffers the use of the Leased Premises for any purpose not specifically herein authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately become due and payable to the Lessor unless guaranteed to the satisfaction of the Lessor. The Lessor will have the right, without prejudice to any other rights which it may have under this Lease or at law, to Obtain an 4unction requiring the Lessee to comply with the provisions of this Section 7.01(b). 7.02 Conduct and Operation of Business The Lessee shall occupy the Leased Premises from and after the Commencement Date and thereafter shall conduct continuously and actively the business set out in Section 7.01, in the whole of the Leased Premises. In the Conduct of the Lessee's business pursuant to this Lease the Lessee shall: a) operate its business with due diligence and efficiency and maintain an adequate staff to properly serve all customers; own, install and lump in good order and condition free fmm liens or rights of third parties, fixtures and equipment of first class quality, and carry at all times such stock of goods and merchandise of such size, character and quality as will produce the maximum volume of sales from the Leased Premises consistent with good business practices; b) conduct its business in the Leased Premises during such hours and on such days as the Lessor from time to time requires or permits and at no other time. However the Lessee is not required or permitted to carry on its business during any period prohibited by any law regulating the hours of business, If the Lessee fails to open on the Commencement Date or during the days andlor hours requited by the Lessor, then in addition to all other amounts of Rent payable under this Lease the Lessee shall pay as Additional Rent to the Lessor upon demand as liquidated damages and not as a penalty, an amount equal to two hundred fifty dollars ($ 250.00) per day for each and every day that the Lessee is in default. When not open for business the security of the Leased Premises is the sole responsibility of the Lessee; c) keep displays of merchandise in the display windows (if any) of the Leased Premises, and keep the display windows and signs (if any) in the Leased Premises well-lit during the hours the Lessor designates from time to time, acting reasonably: d) stock in the Leased Premises only merchandise the Lessee intends to offer for retail sale ftm the Leased Promises, and not use any portion of the Leased Premises for office, clerical or other non- selling purposes except minor parts reasonably required for the Lessee's business in the Leased Premises; e) abide by all rules and regulations and general policies formulated by the Lessor, acting reasonably, Limn time to time relating to the delivery of goods to the Leased Premises; f) not allow or cause to be committed any waste upon or damage to the Leased Premises or any nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the City Matimt or which unreasonably disturbs or interferes with or annoys any third party, or which may damage the City Market; g) not allow or cause to be done any act in or about the Common Areas or the City Marker which in the Lessor's opinion, acting reasonably, hinders or interrupts the City Market's 210 Lease for Stall Space — City Market 669961 N.B. Inc. — Stall C -1 Schedule "C" - Page 9- flow of traffic in any way, obstructs the free movement or parties doing business in the City Marina; h) not allow or cause business to be solicited in any part of the City Market other than the Leased Premises, nor display any merchandise outside the leased Premises at any time without the prior written consent of the Lessor, ij use the name designated for the City Market by the Lessor from time to time and all insignia or other identifying names and marks designated by the Lessor in corn tion with the advertising of the business conducted in the Leased Premises. Notwithstanding the foregoing the Lessee will not acquire any rights in such names, marks or insignia and upon the Lessor's request the Lessee will abandon or assign to the Lessor any such rights which the lessee may acquire by operation of law and will promptly execute any documents required by the Lessor to give effect to this subparagraph (i); j) not install or allow in the Leased Premises any transmitter device nor erect any aerial on the roof of any building forming part of the City Mwioet or on any exterior wails of the Leased Premises or in any of the Common Areas. Any such installation shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; k) not use any travelling or flashing lights or signs or any loudspeakers, television, phonograph, radio or other audiovisual or mechanical devices in a manner so that they can be heard or seen outside of the Leased Premises without the prior written consent of the Lessor. If the Lessee uses any such equipment without receiving the prior written consent of the Lessor, the Lessor shall he entitled to remove such equipment without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rant on 1) not install or allow in the Leased Premises any equipment which will exceed or overload the capacity of any utility, electrical or mechanical facilities in the Leased Premises or of which the Lessor has not approved. If the Lessce requires additional utility, electrical or mechanical facilities, the Lessor may in its sole discretion if they are available elect to install them at the Lessee's expense and in accordance with platys and specifications to be approved in advance in writing by the Lessor, m) not bring upon the Leased Premises any machinery, equipment, article or thing that by reason of its weight, size or use, might in the opinion of the Lessor, acting reasonably, damage the Leased Premises or overload the floors of the Leased Premises. Any such machinery, equipment, article or thug shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damages as it result thereof shall be made goad, in each case, at the cost of the Lessee, payable as Additional Rent on demand; n) observe and comply with all federal, provincial or municipal laws pertaining to or affecting the Leased Premises, the Lessee's use of the Leased Premises or the conduct of any business in the Leased Premises, or the making of any repairs, replw=a mts, alterations, additions, changes, substitutions or improvements of or to the Leased Premises, and the regulations of any insurance underwriters in respect of the insurance maintained by the Lessor in respect of the City Madwt, and carry out all modifications to the Leased Premises and the Lessee's conduct of business or in use of the Leased Premises which may be required by any such authorities. 7.03 Prohibited Activities a) The Lessee acknowledges that it is only one of many tenants in the City Market and that therefore the Lessee shall conduct its business in the Leased Premises in a manner consistent with the best interests of the City Market as a whole; b) The Lessor shall have the right to cause the Lessee to discontinue and the Lessee shall thereupon forthwith discontinue the sale of any item, merchandise, commodity or the supply of any service or the carrying on of any business, any of which is either prohibited by this Section 7.03 or which the Lessor, acting reasonably, determines is not directly related to the business set out in Section 7.01. The Lessee will not allow or cause the use of any part of the Leased Premises for any of the fallowing businesses or activities; L the sale of secondhand goods or surplus articles, insurance salves stook, fire sale stock or bankruptcy stock; 211 Lease for Stall Space — City Madwt 669961 N.B. Inc. — Stall C -1 Schedule "C" -Page 10 - ii. the sale of goods, except as may be specifically permitted by the provisions of Section 7.01; iii. an auction, bulk sale (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder), liquidation sale, "going out of business" or bankruptcy sale, or warehouse sale; iv. any advertising or selling procedures which would, or any sale or business conduct or practice which would, because of the merchandising methods or quality of operation likely to be used, in either case in the Lessor's opinion, tend to lower the character of the City Market or harm or tend to harm the business or reputation of the Lessor or reflect unfavourably on the City Market, the Lessor or other tenants in the City Market or tend to confuse, deceive, mislead or be fraudulent to the public; or V. a mail order business or a department stone, junior department store or variety store. 7.04 Hazardous Substances The Tenant covenants mid agrees to utilize the Leased Premises and operate its business in a man= so that no part of the Leased Premises or surrounding lands am used to generate, mamufactuue, refine, treat, transport; store, handle, dispose of transfer, produce or process any Hazardous Substance, except in strict compliance with all applicable federal, provincial and municipal statutes, by -laws and regulations, including, without limitation, environmental, land use and occupational and health and safety laws, regulations, requirements, permits, statutes, by-laws and regulations. Further the Lessee hereby covenants and agrees to indemnify and save harmless the Lessor and those for whom the Lessor is in law responsible from any and all loses, costs, claims, damages, liabilities, expenses or injuries caused or contributed to by any Hazardous Substances which are at any time located, stored or incorporated in any part of the Leased Premises. The Lessee hereby agrees that the Lessor or its authorized representatives shall have the right at the Lessee's expense, payable as Additional Rent within &teen (15) days of receipt of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem neccasary for the purpose of ensuring compliance with this Section 7.04. The Lessee's obligations pursuant to this Section 7.04 shall survive the expiration or earlier termination of the Term. ARTICLE VIII FIXTURES, ALTERATIONS AND REPAIRS AND LESSOR'S CONTROL OF CITY MARKET 8.01 Installations by the Lessee All equipment, frxtu= meek huipanvements installed by the Lessee in the Leased Premises shall be new or completely reconditioned. The Lessee shall not make any alterations, additions or improvements or install or cause to be initialled any trade fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining the Lessor's written approval and consent The Lessee shall present to the Lessor plans and specifications in form, content and such detail as the Lessor may reasonably require for such work at the time approval is sought The Lessee covenants that any work that may be done in respect of the Leased Premises by or on behalf of the Lessee shall be done in such a manner as not to conflict or interfere with any work being done or about to be done by the Lessor in or about the City Market, whether such conflict or interfeence shall arise in relation to labour unions or otherwise and the Leases shall obtain all requisite permits, licenses and inspections in respect of any such work done by or on the Lessee's behalf. Notwithstanding anything herein contained, the Lessee shall make no alterations, additions or improvements that are of a structural nature or that would lessen the value or Rentable Area of the Leased Premises or the City Market, or would interfere with the usage of the Common Areas. All alterations, decorations, additions and improvements made by the Lewes or made by the Lessor on the Lessee's behalf by agreement under this Lease shall immediately upon installation or affixation become the property of tho Lessor without compensation therefor to the Lessee, but the Lessor shall be under no obligation to repair, maintain or insure the alterations, decorations, additions or improvements. Such alterations, decorations, additions and improvements shall not be removed from the Leased Premises without prior consent in writing from the Lessor. Upon expiration of this Lease, the Lessee shall, at the option of the Lessor, remove all trade fbaures and personal property and shall remove all such alterations, decorations, additions and improvements and restore the Leased Premises as required by the Lessor. 212 Lease for Stall Space — City Market 669961 N.B. Inc. — Stall C -1 Schedule "C" - Page 11- 8.02 Maintenance and Repair by the Lessee The Lessee will at all times keep the Leased Premises (including exterior entrances and all glass and show windows) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures, and the electrical and mechanical systems) in good order, condition and repair (including periodic pamtiog or redecorating and preventative maintenance as determined by the Lessor and including such repairs or replacements as are required to keep the Leased Premises in good repair and condition). All aforesaid maintenance, repairs, restorations and replacements shall be in quality and class equal to the original we& or installations. 8.03 Signs, Awnings, Canopies The Lessee will not place or suffer to be placed or maintained on any exterior door, wall or window of the Leased Premises any sign, awning or canopy or advertising matter or other thing of any kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the Leased Premises without first obtaining the Lessor's written approval and consent. The Lessee further agrees to maintain such sign, awning, canopy, decoration, lettering, edvcnising matter or other thing as may be approved in good condition and repair at all times, and in addition to the foregoing, the Lessee shall maiitaia any signs or displays of its goods or wares which may be seen from the exterior of the Leased Premises in a manner which is in keeping with the character of the City Market of which the Leased Premises form a part and which is designed to enhance the business of the Lessee. L04 Surrender of Leased Premises Subject to Article 10.01, the Lessee will leave the Leased Premises in good repair, reasonable wear and tear only excepted Without limiting the generality of the foregoing, at the expiration or earlier termination of the Term the Lessee shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear only excited, and shall surrender all keys for the Leased Premises to the Landlord at the place then fixed for the payment of Rent and shall inform the Lessor of all combinations on loch, safari and vaults, if any, in the Leased Premises. Should the Lessee fail to remove its fixtures and personal property, such fixtures and personal property shall be deemed to be abandoned by the Lessee and may be appropriated, sold or otherwise disposed of by the Lessor without notice or obligation to compensate the Lessee or to account therefor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or earlier termination of the Term of this Lease. 8.05 Lessee to Discharge all Liens The Lessee will ensure that no construction or other lien or charge, or notice thereof, is registered or filed against: a) the City Market or any part of it; or b) the Lessee's interest in the Leased Premises or any of the leasehold improvements in the Lemsod Premises. by any persam claiming by, through, under or against the Lessee or its oontractors or subcontractors. If such a lien or charge or notice thereof is registered or filed and the Lessee fails to discharge it within five (5) days af= written notice from the Lessor, the Lessor may discharge it by paying the amount claimed to be due into court or directly to the claimant and the Lessee will pay to the Lessor as Additional Rent on demand all costs (including legal fees) incurred by the Lessor in connection therewith, together with an administrative overhead charge of fifteen percent (15 %) thereon. 8.06 Rules and Regulations The Lessee will comply with the Rules and Regulations. The Lessor reserves the right from time to time to amend or supplement the Rules and Regulations. Notice of such amendments and supplmnenta, if any, shall be given to the Lessee, and the Lessee agrees thereupon to comply with and observe all such amendments and supplements, provided that no Rule or Regulation shall contradict any provision of this Lease. The Lessor shall not be responsible to the Lessee for non- observance or violation of any of the provisions of such Rules and Regulations by any other tenant of the City Market or of the txsina of any other lease of premises in the City Market and the Lessor shall be wader no obligation to enforce any such provisions. All Rules and Regulations shall be enforced against the Lessee in a non-discriminatory maimm 5.07 Maintenance and Repair by the Lessor The Lessor shall, subject to the other provisions of this Lease, maintain and repair or cause to be mainbdued and rcpwred, the structure of the City Market, including without limitation, the foumdations, exterior weatber walls, subfloor, roof; bearing walls and structural columns and beams of tho City Market K however, the Lessor is required to maintain or repair any structural portions or any other portion of the Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, its 213 Lease for Stall Space — City Market 669961 N.B. Inc. — Stall C -1 Schedule "C" - Page 12 - employees, agents, invitees, suppliers, agents and servants of suppliers, licensees, concessionaires or subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such maintenance or repairs, together with an administrative fee of fifteen percent (15yo) of such costs. 8.08 Control of City Market by Lessor The City Market and the Common Areas are at all times subject to the exclusive control and management of the Lessor. Without limiting the generality of the foregoing, the Lessor has the right in its control, management and operation of the City Market and by the establishment of rules and regulations and general policies with respect to the operation of the City Market or any part thereof at all times throughout the Term to construct, maintain and operate lighting facilities and heating, ventilating and air conditioning systems; provide supervision and policing services for the City Market; close all or any portion of the City Market to such extent as may in the opinion of the Lessor's counsel be legally sufficient to prevent a dedication thereof or the accrual of any rights to any third party or the public; grant, modify and terminate easements or other agreements pertaining to the use and maintenance of all or any part of the City Market; obstruct or close off all or any part of the City Market for the purpose of maintenance, repair or construction, employ all personnel, including supervisory personnel and managers necessary for the operation, maintenance and control of the City Market; use any part of the Common Areas from time to U= for merchandising, display, decorations, entertainment and structures designed for retail selling or special features or promotional activities; designate the areas and entrances and the times in, through and at which loading and unloading of goods shall be carried out; control, supervise and generally regulate the delivery or shipping of merchandise, supplies and futures to and from the Leased Premises, and other portions of the City Market; designate and specify the kind of container to be used for garbage and refuse in the manner and the times and places at which same is to be placed for collection (if the Lessor for the more efficient and proper operation of the City Market provides or designates a commercial service for the pickup and disposal of refuse and garbage instead of or in addition to the service provided by the municipality, the Lessee shall use same at the Lessee's cost); from time to time change the area, level, location, arrangement or use of the City Market or any part thereof; construct other buildings or improvements in the City Market and make changes to any part thereof; construct other buildings or improvements in the City Market and make changes to any part of the City Market; and do and perform such other acts in and to the City Market as in the use of good business judgment the Lessor determines to be advisable for the more efficient and proper operation of the City Market. Notwithstanding anything to the contrary, if as a result of the exercise by the Lessor of any of its rights as set out in this Section 8.09, the Common Areas are diminished or altered in any manner whatsoever, the Lessor is not subject to any liability nor is the Lessee entitled to any compensation or diminution or abatement of Rent nor is any alteration or diminution of the Common Areas deemed constructive or actual eviction, or a breach of any covenant for quiet enjoyment contained in this Lease. 8.09 Lessor's Right to Enter Leased Premises a) It is not a re -entry or a breach of quiet enjoyment if the Lessor or its authorized representatives enter the Leased Premises at reasonable times to: L examine them; A. make permitted or required repairs, alteration, improvements or additions to the Leased Premises (including the pipes, conduits, wiring, ducts, columns and other installations in the Leased Premises) or the City Market or adjacent property, or iii. excavate land adjacent or subjacent to the Leased Premises; in each case (to the extent reasonably possible in the circumstaaaas) without unreasonably interfering with the Lessee's business operations in the Leased Premises, and the Lessor may take material into and on the Leased Premises for those purposes. Rent will not abate or be reduced while the repairs, alterations, improvernerrte or additions are being made. The Lessor will take reasonable steps to minimize any interruption of business resulting from any entry. b) At any time during the Term, the Lessor may exhibit the Leased Premises to prospective purchasers and during the six (6) months prior to the expiration of the term of this Lease, the Lessor may exhibit the Leased Premises to prospective tenants and place upon the Leased Premises the usual notice "To Let" which notice the Lessee shall permit to remain where placed without molestation; c) If the Lessee shall not be personally present to open and permit an entry into the Leased Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Lessor or the Lessor's agents may enter the same by a master key, or may £orarbly enter the same, without rendering the Lessor or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease; 214 Lease for Stall Space — City Market 669961 N.B. Inc. — Stall C-1 Schedule "C" - Page 13 - d) Nothing in this Section contained, however, shall be deemed or construed to impose upon the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the City Market or any part thereof, except as otherwise in this Lease Specifically provided. ARTICLE ix INSURANCE AND INDEMNITY 9.01 Lessee's Insurance a) The lessee shall throughout the Term, at its own cost and expense, take out and keep in full force and effect the fallowing insurance: i, All -risk insurance upon property owned by the Lessee or for which the Lessee is legally liable (including, signs and plate glass) and which is located within the City Market in as amount of not less than the full replacement cost thoreoi, ii. Comprehensive General Liability with minimum limits of at least Two Million Dollars ($2,000,000.00) or such higher limits as the Lessor may reasonably require from time to time. This policy shall include: a) The City added as an Additional Insured; b) Inclusive limits for bodily injury and proPetty damage; c) Personal injury liability; d) Tenant's Legal Liability; e) Contractual Liability with respect to this Lease; f) Premises, Property and Operations; g) Completed Operations; h) A Cross Liability Clause; i) A Thirty (30) days written notice of Cancellation shall be given to the City of Saint John. iii. The Lessee shall also provide any other farm of insurance as the Lessee or the Lessor may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would insure. b) All policies shall be taken out with reputable and recognized insurers acceptable to the Lessor and shall be m a form satisfactory from tune to time to the Lessor. The Lessee agrees that certificates of insurance of each such insurance policy will be delivered to the Lessor as soon as practicable aver the placing of the required insurance. All policies shall contain an undertaking by the insurers to notify the Lessor in writing not less than thirty (30) days prior to any material change, cancellation or Wrmivation thereof; c) The Lessee agrees that if the Lessee fails to take out or beep in force any such insurance referred to in this Section 9.01, or should any such insurance not be approved by the Lessor and should the Lessee not rectify the situation immediately after written notice by the Lessor to the Lessee, the Lessor has the right without assuming any obligation in connection therewith to effect such insurance at the sole cost of the Lessee and all outlays by the Lessor shall be immediately paid by the Lessee to the Lessor as Additional Rent without prejudice to any other rights and remedies of the Lessor under this Lease. 9.02 Increase in Insurance Premium The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any increase of premium for any insurance on the Leased Premises or the City Market or any part thereof above the rate for the least hazardous type of occupancy legally permiftd•in the Leased Premises If the Lessee is in default under this Section 9.02 the Lessee shall pay any resulting additional premium on any insurance policies taken out or maintained by the Lessor, or if any insurance policy upon the Leased Premises or the City Market or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Leased Premises or any part thereof or the acts or omissions of the Lessee, the 215 Lease for Stall Space —City Market 669961 N.S. Inc. — Stall C -1 Schedule "C" - Page 14 - Lessee shall forthwith remedy or rectify such use or occupation upon request to do so in writing by the Lessor, and if the Lessee shall fail to do so within twenty- four (24) hours of such written request, the Lessor shall have the right to enter the Leased Premises and rectify the situation, without liability to the Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the Lessee liable for any damage or loss resulting from such cancellation or refusal, or the Lessor may at its option determine this Lease forthwith by leaving upon the Leased Premises notice in writing of its intention to do so, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned and paid in full to the date of such determination of the Lease, and together with an amount equal to the Cross Rent payable for a period of one (1) year as liquidated damages, and the Lessee shall immediately deliver up possession of the Leased Premises, a schedule issued by the organization making the insurance rate an the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make the fire insurance rate of the Leased Premises, Sills for such additional premiums shall be rendered by the Lessor to the Lessee at such times as the Lessor may elect and shall be due from and payable by the Lessee when rendered, and the amount th reef shall be deemed to be and be paid as Additional Rent. 9.03 Loss or Damage The Lessor shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the Leased Premises, nor shall it be responsible for any loss of or damage to any property of the Lessee or others from any cause whatsoever, except any such death, injury, loss or damage results from the negligence of the Lessor, its agents, servants or employees or other parsons for whom the Lessor is in law responsible. Without limiting the generality of the foregoing, the Lessor shall not be liable for any injjury or damage to persons or property resulting from fire, explosion, failing plaster, steam, gas, electricity, water, rain, flood, snow or leaks from any part of the Leased Premises or from the per, applies, plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other tenants or persons in the City Market or by occupants of adjacent properly thereto, or the public, or caused by construction or by any private, public or quasi public work. All property of the Lessee kept or stored on the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify the Lessor and save it harmless from any claims arising out of any damages to tho same, including, without limitation, any subrogation claims by the Lessor's insurers. in no event shall the Lessor be liable for any injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or corporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply of any utilities to the Leased Premises. 9.04 Indemniftcartion of the Lessor The Lessee will indemnify the Lessor, and save harmless from and against any and all claims, action, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Leased premises, the occupancy or use by the Lessee of the Leased premises or any part thereof, or occasioned wholly or in part by any act or omission of the Lessee, its agents, contractors, employees, servants, licensees, or concessionaires or invitees, In case the Lessor shall, without fault on its part, be made a party to any litigation commenced by or against the Lessee, then the Lessee shall protect and hold it harmless and shall pay all costs, eqxmses and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with such litigation. ARTICLE X DAMAGE, DESTRUCTION AND EXPROPRIATION 10.01 Total or Partial Destruction of Leased Premises If, during the Term, the Leased Premises are expropriated or totally or partially destroyed or damaged by any cause in respect of which the Lessor is insured, the following provisions shall have effect. a) If the Leased Premises are rendered partially unfit fore occupancy by the Lessee, gross Rent only shall abate in part only, in the proportion that the part of the Leased Premises rendered unfit for occupancy by the Lessee bears to the whale of the Leased Premises or if the Leased Premises are rendered wholly unfit for occupancy by the Lessen the Rent hereby reserved shall be suspended in either event until the day following a reasonable period (taking into account the extent of the Lessee's restoration) following completion of the Lessor's restoration; b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in the opinion of the Architect shall be incapable of being rebuilt and/or repaired or restored with reasonable diligence within 180 days of the happening of such destruction our damage, then the Lessor may at its option terminate this Lease by notice in writing to the Lessee given within thirty (30) days of the date of 216 Lease for Stall Space — City Market 669961 N.B. Inc. -- Stall C-1 Schedule "C" - Page 15 - such destruction or damage and in the event of such notice being so gi %va this Lease shall cease and become null and void from the date of such destruction or damage and the Lessee shall immediately sni=der the Leased Premises and all interest therein to the Lessor and the Rent shall be apportioned and shall be payable by the Lessee only to the date of such destruction or damage and the Lessor may tie -enter and repossess the Leased Premises discharged of this Lease; If the Leased Premises are capable of being rebuilt and/or repaired or restored within 180 days of the happening of such damage or destruction or if within the period of thirty (30) days re&rred to in Section 10.01(b) the Lessor shall not give notice terminating this Lease, the Lessor shall with reasonable promptitude proceed to rebuild and/or repair or restore the Leased Premises to the extent of the Lessor's repair obligations under the Lease and the Lessee shall immodiately upon substantial completion of the Lessor's work and, within a reasonable period determined by the Lessor (given the extent of the Lessee's restoration) complete the restoration of the Leased Premises. The certificate of the Architect sball bind the parties as to the (i) extent to which the Leased Premises are unfit for occupancy, (H) time required to rebuild and/or repair or restore the Leased Premises; and (iii) due completion of repairs. 10.02 Total or Partial DeAmcdon of City Market In the event that a substantial portion of the City Market shall be expropriated or damaged or destroyed by fire or other cause, or in the event the costs as estim ated by the Lessor of repairing, restoring or rebuilding will exceed by $250,000 or more the proceeds of insurance available to the Lessor, notwithstanding that the Leased Premises may he unaffected, or in the event the Lessor shall have the right, to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and after said occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice to the Lessee, the Term of this Lease shall expire upon the third (3'd) day after such notice is given, and the Lessee shall vacate the Leased Premises and sun ender the same to the Lessor. 10.03 Abatement of Rent Notwithstanding anything herein before contained, all abatements of Rent set out in this Article X shall be limited to an amount equal to the amount which the Lessor collects under any rental incoane it snranc:a. 10.04 Expropriation Awards The Lessor and the Lessee will co- operate with each other if there is an exprupriation of all or pert of the Leased Premises or the City Market; so that each may receive the maximum award that it is entitled to at law. To the extent, however, that a part of the City Market, other than the Ceased Premises, is expropriated, the full proceeds flint are paid or awarded as a result, will belong solely to the Lessor, and the Lessee will assign to the Lessor any rights that it may have or acquire in respect of the proceedings or awards and will execute the documents that the Lessor reasonably requires in order W give effect to this intention. ARTICLE X1 STATUS STATEMENT, SUBORDINATION AND ATTORNMENT 11.01 Status Statement Within fifteen (15) days after request, the Lessee will sign and deliver to the Lessor a status statement or certificate, stating that this Lease is in full force and effect, any modifications to this Lease, the commencement and expiry dates of this Lease, the date to which Rent has been paid, the amount of any prepaid Rent or deposits bold by the Lessor, whether there is any existing default and the particulars, and any other information required by the party requesting it 11.02 Power of Attorney The Leases hereby irrevocably appoints the lessor as the attorney for the Lessee with full power and authority to execute and deliver in the name of the Lessee any instruments or certificates required to carry out the intent of Section 11.01 which the Lessee shall have farted to sign and deliver within fifteen (15) days after the data of a written request by the Lessor to execute such instruments. 217 Lease for Stall Space — City Market 664961 N.B. Inc. — Stall C -1 Schedule "C" - Page 16- ARTIC'LE XII TRANSFERS BY LESSEE 12.01 Transfer Defined "Transfer" means, (i) an assignment, sale, conveyance, sublease, or other disposition of this Lease or the Leased Premises, or any part of them or any interest in this Lease (whether by operation of law or otherwise), or in a partnership that is a Lessee under this Lease, (ii) a mortgage, charge or debenture (floating or otherwise) or other encumbrance of this Lease or the Leased Premises or any part of them, or of any interest in this Lease or of a parftwrshitp, or partnership interest, where the partnership is a Lessee under this Lease, (iii) a parting with or sharing of possession of all or part of the Leased Premises, and (iv) a transfer or issue by sale. assiguanent, bequest, inheritance, operation of law or other disposition, or by subscription of all or part of the corporate shares of the Lessee or an "affuliate" (as that term is defined on the date of this Lease under the Canada Business Corporations Act) of the Lessee which results in a change in the effective voting control of the Lessee. "Transferor"' and "Transferee" have meanings corresponding to the definition of "Transfer" set out above, (it being understood that for a Transfer descnbad in clause (tv) the Transferor is the person that has effe ctive voting control before the Transfer and the Transferee is the person that has effective voting control after the Transfer). 12,02 Consent Required The Lessor wIll not allow or cause a `!'ranter, without the prior written consent of the Lessor in each instance which consent may not be unreasonably withheld Notwitkv;tanding any statutory provisions to the contrary, Lessor's consent shall not be deemed to have been unreasonably withheld where Lessor refuses consent to a Transfer within twenty -four (24) months of either the Commencement Date or a previous Transfer. Without limiting the generality of the foregoing, no Transfer shall be effective and no consent shall be given unless the fallowing provisions have been complied with: There is no default of the obligations of the Lessee under this Lease; H. The Lessee shall have given at least thirty (30) days' prior written notice of the proposed Transfer and the effectivc date thereof to the Lessor, iii. A duplicate original of the documents affecting the Transfer shall he given to the Lessor within thirty (30) days of w the execution and delivery thereof; iv. The Transferee, except in the case of a Transfer descnbed in Section 12,01 (iv), shall have assumed in writing with the Lessor the due and punctual performance and observance of all the agreements, provisions, covenants and conditions hereof on the Lessee's part to be performed or observed from and after the effective date of the Transfer. The Lessee acknowledges that the factors governing the granting of the Lessor's consent to any Transfer may include, without limitation, the restrictive clauses entered into with other tenants by the Lessor, the financial background, business history and the capability of the proposed Transferee in the Lessee's line of business, and the nature of the business practices of the proposed Transferee. The consent by the Lessor to any Transfer shall not constitute a waiver of the necessity for such consent to any subsequent Transfer. If a Transfer takes pl ace, the Lessor may collect rent from the Transferee, and apply the net amount collected to the Rent herein reserved, but no such action shall be deemed a waiver of the requirement to obtain consent or the acceptance of the Transferee as lessee, or a release of the Lessee or arty Indemnifier from the further performance by the Lessee of covenants on the part of the Leaesee herein contained_ Notwithstanding any Transfer, the Lessee shall remain fully liable under this Lease and shall not be released from performing any of the obligations of the Lessee under this Lease. Any Transfer, if consented to by the Lessor, may at the Lessor's option be documented by the Lessor or its solicitors, and any and ail legal costs and the Lessor's then - standard fee with respect thereto or to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on demand as Additional Rent. 12.03 No Advertising of Leased Premises The Lessee shall not print, publish, post, display or broadcast any notice or advertisement to the effect that the Leased Premises are for lease or for sale or otherwise advertise the proposed sale or lease of the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of the foregoing, unless the complete text and format of any such notice, advertisement or offer is first approved in writing by the Lessor. Without in any way restricting or limiting the Lessor's right to refuse any teat or format on other grounds, any text or format proposed by the Lessee shall not contain any recce to the rental rate of the Leased Premises. 218 Lease for Stall Space — City Market 669961 b133. Inc. — Stall C -1 Schedule "C" - Page 17 - ARTICLE Its DEFAULT OF LESSEE 13.01 Right to Re -Enter When a) the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (S) consecutive days; or b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature, of such default and requiring the same to be remedied; then and in any of such cases the then current month's Rent, together with the Rent for the three (3) mouths next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re-enter upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided however, that such ffid6ture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations on agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined In addition, the Lessor shall have the right to remove and sell the Lessee's goods and chattels and trade fixtures and apply the proceeds thereof to RerA due under the Lease. 13.02 Right to Re-I et Should the Lessor elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate ties Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable; upon each re- letting all rentals received by the Lessor from such re- letting shall be applied; first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor, second, to the repayment of any reasonable costs and expenses of such re- Ietti%, including brokerage fees and solicitors' fees and of casts of such alterations and repairs; third, to the payment of Rent due as the same may become due and payable hereunder. If such Rent received from such re- letting during any month be less then that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. No such re -entry or taking possession of the Leased Prumises by the Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to the lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re- letting without termination, the Lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this cease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then seasonable rental value of the Leased Premises for the remaindrs of the Term hereof; all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Tenn shall be equal to the greater of (a) the average annual Gross Rent and Percentage Rent payable by the Lessee firm the Commencement pate to the time of default or during the p=cding three (3) Rill calendar years, whichever period is shorter, and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required. 13.03 Legal Expenses In case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of Rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant heroin contained on the part of the Lessee to be kept or performed and a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including reasonable solicitors' and counsel fees on a solicitor and his client basis. 219 Lease for Stall Space — City Market. 669961 N.B. Inc. — Stall C-1 Schedule "C" - Page 18 - 13.04 Bankruptcy The Lessee covenants and agrees that if the Term or any of the goods and chattels of the Lessee on the Leased Premises shall be at any time during the Term seized or taken in execution or attachment by any creditor of the Lessee or if a receiver, interim receiver or receiver and manager is appointed for the assets or business of the Lessee or if the Lessee shall make any assignment for the benefit of creditors or any bulk sale or, becoming bankrupt or insolvent, shall take the benefit of any Act now or hereafter in force for bankrupt or insolvent debtors or if any order shall be made for the winding up of the Lessee, or if the Leased Premises shall without the written consent of the Lessor become and remain vaunt for a period of fifteen (15) days, or be used by any other persons than such as are entitled to use them under the terms of this Lease, or if the Loam shall without the written consent of the Lessor abandon or attempt to abandon the Leased Premises or to moll or dispose of goods or chattels of the Lessee or to remove them or any of them from the Leased Premises so that there would not in the event of such abandonment, sale or disposal be sufficient goods on the Leased Premises subject to distress to satisfy the Rest above due or accruing due, then and in every such case the then current month's Rent and the next ensuring three (3) months' Rent shall immediately become due and be paid and the Lessor may re -eater and take possession of the Leased promises as though the Lessee or the servants of the Lessee or any other occupant of the Leased Premises were holding over after the expiration of the Term and the Term shall, at the option of the Lessor, immediately without any notice or opportunity for cure provided to the Lessee, become forfeited and determined, and in every one of the cases above such accderated Rent shall be recoverable by the Lessor in the same manner as the Rent herby reserved and if Rent were in arrears and the said option shall be deemed to have been exercised if the Lessor or its agents given notice to the Lessee as provided for herein. 13.05 Lessor May Perform Lessee's Covenants If the Lessee shall fail to perform any of its covenants or obligations under or in respect of this Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such coverauoits or obligations, or any part thereof, and for such purpose may do such things upon or in respect of the Leased Premises or any part thereof as the Lessor may consider requisite or necessary. All expenses incurred and expenditures made by or on behalf of the Lessor under this Section, together with an eve flee equal to fifteen (15a/n) percent thereon, shall be forthwith paid by the Lessee to the Lessor on demand as Additional Rent. 13.06 Waiver of Exemptlonm from Diateess Despite any applicable Act, legislation or any legal or equitable rule of law: (a) none of the inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress; and (h) no lack of compliance with any requirement concerning the day of the week, time of day or night, method of entry, giving of notice, appraising of good-, or anything else, will reader any distress unlawful where the Lessee owes arrears of Rent at the time of the distress 13.07 Remedies Cumulative No reference to not exercise of any specific right or remedy by the Lessor will prejudice or preclude the Lessor from exercising or invoking any other remedy in respect thereof:, whether allowed at law or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other such remedy, but the Lessor may from time to time exercise any one or more of such remedies independently or in combination. ARTICLE MV M1SCFAJ ANE0US 14.01 Overholdiiug If the Lessee remains in posses -ion of the Leased Promises after the end of the Term and without the execution and delivery of a now lease, there shall be no tacit renewal of this Lem and the Term hereby granted, and the Lessee shall be deemed to be occupying the Leased Premises as a Lessee from mouth to month at monthly rent payable in advance on the first day of each month equal to the sum of: i. one and one half (1 '/1) times the Gross Rent payable during the last month of the Term; and ii. one - twelfth of the Additional Rent payable by the Lessee for the Lease Year immediately preceding the last Lease Year of the Term; and otherwise upon the same terms and conditions as are set forth in this Lease, except as to duration of Term, and any right of renewal mutatis mutandis. 220 Lease for Stall Space -- City Market 669961 N.B. Inc. — Stall C-1 Schedule "C" - Page 19- 14.02 Successors This Lease applies to the successors and assigns of the Lessor and, if Article 3M is complied with, the heirs, executors, administrators and permitted successors and permitted assigns of the Lessee. If there is more than one party named as Lessee, they are jointly and severally liable under this Lease. 14.03 Waiver Failure by the Lessor to require performance of any term, covenant or condition herein, contained slsall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. The subsequent acceptance of Rent hereunder by the Lessor shall not be deemed to be. a waiver of any preceding breach of the Lessee of any term, covenant or condition of this Lease, other than the faihue of the Lessee to pay the particular rent so accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such Kent. No covenant, term or condition of this Lease shall be deemed to have been waived by the Lessor, unless such waiver be in writing by the Lessor. 14.04 Accord and Satisfaction No payment by the Lessee or receipt by the Lessor of a lesser amount than the monthly Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Reart, nor shall any endorsement or statement or any cheque or any letter accompanying any cheque or payment as Rent be deemed an accord and satisfaction, and the Lessor may accept such cheque or payment without prejudice to the Lessor's right to recover the balance of such Kent or pursue any other remedy in this Lease provided. 14.05 Entire Agreement This Lease sets forth all the wvenauts, promises, agreements, Condit ions and understandings between the Lessor and the Lessee concerning the Leased Premises and there are no covenants, promises, agreements, conditions or representations, either oral or written, between them other than am heroin and in the said schedules and rider, if any, set fortis. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Lessor or the Lessee unless reduced to writing and s#gned by them. 14.06 No Partnership The Lessor does not, in any way or for any purpose, become a partner of the Lessee in the conduct of its business, or otherwise, or joint venturer or a member of a joint enterprise with the Lessee. 14.07 Force Majeure In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock -outs, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, than performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Notwithstanding anything herein contained, the provisions of this Section 14.07 shall not operate to excuse the Lessee from the prompt payment of Gross Rent, Additional Rent or any other payments required by the terms of this Lease, nor entitle the Lessee to compensation for any inconvenience, nuisance or discomfort thereby occasioned 14.08 Notices Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be sufficiently given if delivered personally to the Common Clerk, or if transmitted by telecop= or if mailed in Canada, registered and postage prepaid, addressed to the Lessor at cto The Common Clerk, The City of Saint John, P. Q. Box 1971, 15 Market Square, Saint John, Now Brunswick, P2L 4L1, with a copy to Real Pstate Services, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, EM 4L1, and any notice heroin provided or permitted to be given by the Lessor to the Lessee shall be sufficiently given if delivered personally to the party being given such notice or to a responsible employee of the party being given such notice, or if transmitted by teleoopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessee at the Leased Premises or at its head office at 39 Celeste Court, Saint John, New Brunswick, l2K 4K4. Any such notice given as aforesaid shall be conclusively deemed to have been given on the day on which such notice is delivered or transmitted or on the third day that there a postal delivery following the day on which such notice is mailed, as the case may be. Either party may at any time give notice m writing to the other of any change of address of the party given such notice and from and after the giving of such notice the address therein specified shall be doomed to include any request, statement or other writing in this Lease provided or permitted to be given by the Lessor to the Lessee or by the Lessee to the Lessor. If there is more than one party named as Lessee, notice to one shall be deemed sufficient as notice to all. 221 Lease for Stall Space — City Market 669961 N.B. Iac. — Stall C -1 Schedule "C" - Page 20- 14.09 Place for Payment of Rent The Lessee shall pay the Rent. Including all Additional Rent, at die office of the Lessor specified in Section 14.09 or as such place or places as the Lessor may designate from time to time by notice in writing: currently to the Cashier's Office, City Hall, P. O. Box 1971, 13 Market Square, Said John, New Brunswick, E21, 4L1. 14.10 Approval in Writing Wherever the Lessor's consent is required to be given hereunder or wherever the Lessor must approve any act or performance by the Lessee, such consent or approval, as the case may be, Shall be given in writing by the Lessor before same and shall be deemed to be effective. 14.11 Governing Law The Lease is to be governed by and construed according to the laws of the Province of New Brunswick. 14.12 Captions and Section Numbers The captions, section mimbers and article members appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections or articles or of this Lease, nor in any way affect this Lease. 14.13 PartialInvalldity If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease and/or the application of such berm, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be separately valid and enforceable to the fullest extent permitted by law. 14.14 No Option The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease becomes effective as a Lease only upon execution and delivery thereof by the Lessor and the Lessee. 14.15 Time To Be of the Essence Time shall be of the essence of this Lease 14.16 Quiet Enjoyment The Lessor covenants with the Lessee for quiet er}joyment. 14.17 Riders and Schedules Schedules attached hereto form part of this Lease. 14.18 Rent Free Period — purposely deleted. 14.19 Basement Storage Space Where the Lessee makes use of any area of basement storage space, notwithsunding any provision herein contained, the Lessee acknowledges and agrees that water and sewer lines arc located within the basement area of the Leased Premises and that there is a possibility that water and/or sewage may escape from the lines as a result of breakage, blockage, overflow or other cause, and may cause damage to anything stored in the basement area of the Leased Premises. The Lessee acknowledges and agrees that if it chooses to store anything, whether belonging to it or to others, in the basement area of the Lased Premises, it does so at its own risk and the Lessee hereby agues to release and indemnify and save harmless the Lessor from and against any and all mamaer of actions, suits, damages, loss, costs, claims and demands of any nature whatsoever relating to or arising out of breakage, blockage, overflow or other problem of the water or sewage linos, 222 SCHEDULE "D" RULES AND REGULATIONS 1. All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances, designated for such purposes by the Landlord. 2. The delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises shall be subject to such controls as in the judgment of the Landlord are necessary for the proper operation of the Leased Premises and/or the City Market. 3. All garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall not be burned in or about the leased Premises. 4. No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or electric wire shall be installed or connected without obtaining in each instance the written consent of the Landlord. All such connections shall be installed in accordance with the Landlord's direction and without such direction no boring or cutting for wires or pipes shall be permitted. 5. The Tenant will be required to remain open for business as follows: a. Stalls shall be open for business at all times while the market is open to the public. b. Year round stands shall be open for business at all times while the market is open to the public. 6. The plumbing facilities shall not be used for any other purpose than that for which they are intended, and no foreign substance of any kind shall be thrown therein, and the wgmw of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by tiro Tenant. 7. The Tenmt shall use at the cost of the Tenant a nationally recognized pest extermination contractor. 8. The Tenant, its employees or agents, shall not mark, paint, drill or in any way deface any walls, ceilings, partitions, floors, wood, stone or iron without the written consent of the Landlord. Except as permitted in the lease to which these rates and regulations are artnexed, the Tenant shall not permit any cooking in the Leased Premises without the written consent of the Landlord. 10. No aisle, sidewalk, entry, passageway, elevator or staircase shall be obstructed or used by the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees for any purpose other than ingx ass to and egress from the Leased Premises. 11. The Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees shall not bring in or take out, position, construct, install or move any safe or other heavy equipment or furniture without first obtaining the consent in writing of the Landlord. in giving such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight permitted and the position therect and the use and design of planks, skids or piat£orms to distribute the weight thereof All damage done to the City Market by moving or using any such safe, heavy equipment or furniture shall be repaired at the expense of the Tenemt The moving of all equipment and the furniture shall occur only during those hours when the City Market shall not be open for business or any other time consented to by the landlord. 12. All persons entering and leaving the building in which the Leased Premises are situated must do so during hours the City Market is staffed by City Market employees. The Landlord at its sole discretion may determine the hours the City Market is staffed Tenants shall register in books if so required by the Landlord when accessing the Market "after Market hours". The Landlord is under no responsibility for failure to enforce this rule. 13. The Tenant shall not place or cause to be placed any additional loci3 upon any doors of the Laocd Premises without the approval of the Landlord and subject to any conditions imposed by the Landlord. 14. No one shall use the Leased Premises for sleeping apartments or residential purposes, or for the storage of personal effects or articles other than those required for the purposes permitted by the lease to which these rules and regulations are annexod. 223 H DDI ..... RULES AND REGULATIONS Page 2 15. Subject to the Landlord's providing such service, the Tenant shall permit window cleaners to clean the windows of the Leased Premises from time to time and at reasonable times. 16. Any hand tntcics, carryalls or similar appliances used in any building in the Shopping Centre shall be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require. 17. No animals or birds shall be brought into the Leased Premises except as permitted by the lease to which these rules and regulations are annexed. 18. Except as permitted in the lease to which these rulca and regulations are annexed, the Tenant shall not permit the delivery of any food or beverage to the Leased Premises witbont the approval of the Landlord. 19. The Tenant shalt not solicit business in the common areas or distribute any handbills or other advertising matter in the common areas or in automobiles parlmd in the parking areas. 20. The Tenant may only sell merchandise that is approved by the landlord through their lease or otherwise. 21. The Tenant shall not leeep or display any merchandise on or otherwise obstruct the common areas adjacent to the Leased Premises. 22. The Tenant shall not use or permit any of the Leased Premises to be used in such a manner as to cause annoying noises or vibrations or offensive odours. 23. The Tenant is responsible to remove garbage from their premises and deliver to the compactor designated by the Landlord and to place the garbage in the compactor. 24. A set of plans must be presented and the approval must be given by the landlord for sal+ improvements or painting, etc. to the stands (including signs). 25. Merchandise, displays, shelves, etc., are not to exceed the height of the bottom meat hook bars on each stand 26. No solid dividers are to be placed between the top and bottom meat hook bars. 27. Displays underneath the stands must be set up 6" off the floor on legs or whorls so the floor can be swept and washed down properly. 28. Covers am not to be placed over merchandise on stands without the prior approval of the Landlord. 29. Signage is to he in beeping with the historic character of the City Marlwt and must meet the following criteria: Materials: wood and metal are considered to be appropriate materials. Plastic may be used provided that it loop like one of the acceptable materials. Internally- Muminated plastic faced box signs will not be acceptable; Number of Signs: Each tenancy will be permitted one bench-top sign on each bench (7'- 0" length), or one projecting: sign on each aisle -side that identifies the business by name and typc; Bench -top Signs: These signs are the preferred primary form of signage. They must be located Ito 2 inches above the top rail of the bench, and should display the business name. They will consist of a 8" high by 6' -V long narrow band of material with the lettering printed, painted, composed of individual raised letters, or lettering cut into the material and painted a contrasting colour. The rear may not be used for signage over another tenancy; Projecting Signs: Projecting signs may be used and shall be constructed as two -sided signs. They may only be located at a bench post, and must be rigidly festeanod in place. They shall be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide. Only one per tenancy per aisle side shall be permitted as Business identificatiow Lighted Signs: Not permitted, Temporary Signs: Any number of signs advertising goods for sale, specials, etc. shall be permitted. They may not exceed 8.5" x l l" in size, and must not excesstvely obscure the view through the bench between the first and last sail above the bench. 224 ,'1M:t:1c11� h*Am&w§W lb /Noma: Tlto Sant lab ad baeae 'alpalr 'ice CUy of Bvbt Jab is plsaed to be able i ofAr Cky Mmdo Tomb *moo* ddAft amp k mww& s da orate pgmma oom hr povad of chy Adams root i'opft de payer per pft=w IVM: measoel amftmadq= loot l"w& mtfa dA UMMOL We Lope 1& do km la Noss gtse a bumdake at daffy Lam, plow an= my' m have fty gpeqio & taaiathia if vm mw doe 7L �Itf of 1Lw,ltt ta&a, n1dab pm i now nodw. 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That I am the R &-&A D a r "r of 669961 N.B. Inc., the Lessee named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. ko 3. That the signature "Jean Gon Lee' subscribed to the said instrument is the signature of Jean Gon Lee, the of the said 669911 N.B. Inc. and I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the L 0146l day of ' %- -� 2013. SWORN TO before me at the City of Saint John, in the County of Saint John and Province of New Brunswick, this °t'" day of �— —'/ , 2013. Jamie J. Feenan Commissioner of Oaths Being a Solicitor 227 a %,- Jean Gon Lee REPORT TO COMMON COUNCIL M &C 2013 -168 J u ly 25, 2013 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: Saint John City Market - Lease of Space Utilized by The Infusion Co. 2011 Ltd. M'M �R A� The City of Saint ]ahn On April 12, 2010, Common Council resolved to enter into a lease renewal with 656551 N.B. Inc., doing business as The Infusion Tea Room and Bistro, for the leased premises has shown outlined in the proposed Lease (attached). On September 19, 2011, 656551 N.B. Inc. changed its name to The Infusion Co. 2011 Ltd. On May 31, 2013, The Infusion Co. 2011 Ltd. approached the City of Saint John with the intentions of selling their assets to 670486 N.B. Inc. and requested a release from their current lease. This request of release was to enable the purchasing candidate, 670486 N.B. Inc., the opportunity to negotiate a new lease specifically relating to rental structure, length of lease, and use of leased premises. 670486 N.B. Inc., doing business as The Infusion Tea Room and Bistro, hopes to lease approximately seven hundred and thirty square feet (730 ftZ) of leasable area in the Saint John City Market, 47 Charlotte Street, Saint John, New Brunswick and shown outlined in the proposed Lease. During the term, the lessee shall also have access to a basement storage space of an estimated nine hundred square feet (900ft2). 670486 N.B. Inc. intends to operate continuously, actively and diligently for the sole purpose of a tearoom with specific covenants of sale, as outlined in the proposed Lease. The proposed use is considered appropriate and will maintain similar utilization of the space in relation to the previous occupant. 670486 N.B. Inc. has displayed and appears cognizant of the protocols which govern the City Market and tenants. Staff is satisfied that 670486 N.B. Inc. has sufficient familiarity with the business and anticipate its satisfactory continuation. Additionally, 670486 N.B. Inc. has submitted all the necessary documents and information required to enter into a lease agreement with the City of Saint John. The proposed Lease is highlighted by a term of tive years with rent that ranges trom $26.00 per square foot in year one to $28.50 per square foot in the fifth year, increasing year over year to reflect a forecasted increase for the consumer price index. The proposed rent is consistent with other tenants with similar storefront spaces in the Saint John City Market Head Tower. The Gross rent shall be paid in equal monthly installments, monthly in advance, via pre - authorized 228 Report to Common Council Page 2 of 2 Saint John City Market - Lease of Space Utilized by The Infusion Co. 2011 Ltd, debiting. There is no Landlord's base building work required. The lease document as attached is standard and consistent with the leases granted to other tenants in the City Market. W14114 a "TO 3 Staff of the City Market, Facility Management, and Legal Department have all reviewed and contributed to this report. RECOMMENDATION Your City Manager recommends: 1) Approve the release of space for the leased premises as outlined in the proposed Lease in the City Market with The Infusion Co. 2011 Ltd. under the terms and conditions as set out in the Letter of Release submitted with MC2013 -168, and further; 2) Approve the lease of space the leased premises as outlined in the proposed Lease in the City Market with 670486 N.B. Inc. under the terms and conditions as set out in the Lease submitted with MC2013 -168, and further; and 3) That the Mayor and Common Clerk be authorized to execute the lease. Respectfull submi ed, Trevor Gamblin, M.Sc.E, P.Eng. Manager, Facility Management Gregory J. Yeomans, CGA, MBA Commissioner, Finance and Administrative Services 1 a rick Woods, CGA i y Manager 229 This Indenture made this ;qL "day of , 2013. BY AND BETWEEN: The Infusion Co. 2011 Ltd., having its registered office at City Market, 47 Charlotte Street, Saint John, New Brunswick, E21, 2H8, a corporation under the laws of the Province of New Brunswick, the "Lessee" OF THE ONE PART - and The City of Saint John, having its head office at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Lessor" OF THE SECOND PART WHEREAS by a Form A19 Lease dated November 4, 2004, the demise of a Rentable Area of approximately 730 square feet in the City Market, 47 Charlotte Street, Saint John, New Brunswick (the "Leased Premises "), became vested in The Infusion Co. Ltd. (the "Original Lease "); and WHEREAS by a Lease Renewal dated April 23, 2010, the Original Lease was renewed for a further term of five (5) years from December 1, 2009; and WHEREAS by an Assignment of Lease dated March 29, 2011, the Original Lease, as renewed, was assigned from The Infusion Co. Ltd. to 656551 N.B. Inc., which Assignment of Lease was consented to by the Lessor on December 29, 2009; and WHEREAS 656551 N.B. Inc. changed its name to The Infusion Co. 2011 Ltd., the Lessee herein, on September 19, 2011; and WHEREAS the Lessee has agreed to surrender the Leased Premises to the Lessor in order that its estate, term and interest therein may be merged and extinguished; NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the sum of One Dollar ($1.00) of lawful money of Canada paid by the Lessor to the Lessee, the receipt and sufficiency whereof is hereby acknowledged, the Lessee hereby assigns and surrenders to the Lessor, its successors and assigns, the Leased Premises to the intent that the unexpired residue of the demised term may merge and be extinguished, and the said Lessee for itself, it successors and assigns, hereby covenants with the Lessor, its successors and assigns, that it has good right, full power and absolute authority to assign and surrender the Leased Premises in the manner aforesaid and that it has not, at any time, done or executed any act, deed, matter or thing whereby the unexpired residue of the term is, shall or may in any wise be charged or encumbered. 230 [2] IN WITNESS WHEREOF the parties have executed this Surrender of Lease as of the day and year hereinbefore first written. SIGNED, SEALED & DELIVERED) In the presence of ) ta� ) } ) ) 231 The Infusion Co. 2011 Ltd. �R Per: Le a -- Pr-e -►'A& The City of Saint John Mayor Common Clerk Common Council Resolution: .2013 COUNTY OF SAINT JOHN PROVINCE OF NEW BRUNSWICK Lee , of the r�a1 of in the County of c. and Province of New Brunswick, MAKE OATH AND SAY:- i . THAT I am the fff L of The Infusion Co. 2011 Ltd., the Lessee named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. THAT the rtingto -be the corporate- seai-e�f The Infusion Co. 2011 Ltd. is�.Lhe�corp�orate seal ,ems I ., -i s 3. THAT the signature i?V , ? Lev " subscribed to the said instrument is my signature and as I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the day of 2013. SWORN TO before me at the City of) Saint John, in the County of Saint ) John and Province of New ) Brunswick, this day of ) 2013. } } v ) Qrbnerr� L .�-o.� Commissioner of Oaths Being a Solicitor 232 Form A19 LEASE SVw dard Fen= of Conveymen Act, S.N.1L 1980, c. S-12, sl The parties to this lease are: The City of Saint John, having its City Fall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, the "Lessor" -and- 670436 NB Inc., having its registered office at 113 Sherwood Drive, Suite B, Quigmnsis, New Brunswick, E2E 1H5, a duly incorporated company doing business as "The Iathslos Tea Room & Bistro", the "Lessee" The "Rules and Regulations" attached hereto as Schedule "D" and the Fern attaefied hereto as Schedule "D-l" form part of this Lease. The Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on the following conditions: Duration: Date of Commencement: Date of Termination: Payment Dates: Place of Payment: 5 years August 1, 2013 July 31, 2018 First day of each and every mouth during the tcan hereof Cashier's Office City Hall Saint John, NB Ibis levee contains the eovemants and conditions which are attached and set out in Schedule "C ". DATED _ _ .2013. SIGNED, SEALED & DELIVERED in the presence of- 233 THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: .2013. 670486 NB INC. Per: /! Preaideaty If Corporation has,no corporate seal And: 1 I i I If Schedule "A" --,...:!The Infusion Co. Ltd !1. Mwket St. Fro 1 ,,,•_ �► , ,+M 730 s.f. M C �• f I.E. S.MtstksltSt. YPPER• STALLS MARKET saint John. M.R. 234 i LEASE FOR STALL SPACE CITY MARKET 670486 NB INC., DBA "THE INFUSION TEA ROOM & BISTRO" SCHEDULE"C" ARTICLE I DEFINMONS 1.01 Definitions In this lease: a) "Additional Reny' means ail and any monies requited to be paid by the Lessee to the Lessor under or pursuant to the terms of this Lease, save only for Gores Rem; b) " Architect" shall mean the architect from time to time named by the Lessor or at the option of the Lessor, the Lessor's general contractor. Any certificate provided by the Architect and called for by the terms of this Lease shall be final and binding on the parties hereto; c) "Commencement Date" means a date determined in accordance with the provisions of Section 103; d) "Common Areas" mcans those. areas, facilities, utilities, improvements, equipment and installations in the City Market which from time to time are not designated or intended by the Lessor to be leased to temants of the City Market, and those areas, facilities, utilities, improvements, equipment and installations which serve or are for the benefit of the City Market whether or not located in, adjacent to or near the City Market and which are designated from time to time by the Lessor as part of the Common Areas. Without limiting the generality of the foregoing, Common Areas includes all puking areas, all entrances and exits thereto and all structural elements fl ereot access roads, truck courts, driveways, truckways, delivery passages, the roof, exterior weather walls, exterior and interior structural elements and bearing walla m the building and improvements comprising the City Market, package pick-up stations, loading and related areas, pedestrian stairways, ramps, electrical, telephone, meter, valve, mechanical, mail storage service and janitor roams and galleries, fire prevention, security and communication systems, columns, pipes, electrical, plumbing, drainage, any central system for the provision of heating, ventilating or air conditioning to leaseable premises or any enclosed Common Areas and all other installations, equipment or services located therein at related thereto as well as the structures housing installations, including but not limited to all open and enclosed malls, courts and arcades, public stating and service areas, canidors, finniture, lust aid and/or information stations, audi'turia, confereom rooms, nurseries, childcart play areas and related latchen and storage facilities, escalators, elevators, public washrooms, music systems and any atrium seetmg/food court; e) "C.P_L" means the Consumer Price Index (All Items) for Canada (or any index published in substitution for the Consumer Price Index or any other replacement index reasonably designated by the Lessor, if it is no longer published) published by Statistics Canada (or by any successor thereof or any other governmental agency, including a provincial agency); f) "Atrium Seating/Food Court''' meatus those portions of the Common Areas designated by the Lessor from time to time for use in support of the operations of any group of premises providing quick food service to customers of the City Madmt and includes, without limiting the generality of the foregoing, public table and stating areas, waste collection facilities and other areas, facilities and equipment intended for such use; S) " HST" means harmonized salts taxes, value -added taxes, multi-stage taxM business transfer tars or other similar taxes however they are characterized and any taxes in lieu thereoty h) "Hazardous Substances" means any contaminant, pollutant, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable, explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's or any other substances or materials that are declared or defined to be hazardous, toxic, contaminants or pollutants in or pursuant to any applicable federal, provmcial or municipal statute, by=law or regulation.; 235 Lase fur Stan Space —City Market 670486 NB Inc., dba -rhe infusion Tea Rome & Bistro" Schedule "C" -Page 2_ i) "Lessor" includes the Lessor and its successon and assigns; j) "Lease" means this indenture of lease and includes any riders and schedules hereto and shall also mclude any agreenumts entered into which have the effect of amending this indenture from time to time; k) "Leased Premises" means the premises leased to the Lessee as referred to and described in Section 2.01 hereo£ Save as mentioned below, the boundaries of the Leased Premises shall extend from the trop surface of the structural subfloor to the bottom surface of the structural ceiling. If the Leased Premises have no ceiling abutting the demising walls, but rather are open to the ceiling of the City Market building, the boundaries of the Leased Premises extend from the top surface of the structural subfloor to the height of the demising walls; 1) "Lease Yeas" shall mean a period of time commencing on July le and ending on July 10 of the following year, m) "Gross Rent" means the annual Gross Rent payable by the Lessee purmmiat to Section 3.01; A) "Operating Costs" means the total cost and expense incurred in owning, operating, maintaining, managing and administering the City Market and the Common Areas, specifically including without limiting the generality of the fioreguing, any capital or place of ownership taxes levied against the Lessor or any owners of the City Market on account of their interest in the City Market, in an amount equitably allocated to the City Market by the Lessor; gardenog and landscaping charges; the cost and expenses of taking out the insurance described in Section 9.03; cleaning, snow removal, garbage and waste collection and disposal; lighting, eleet icity, public utilities, loud speakers, public address and musical broadcasting systems and any telephone answering service used in or serving the City Market, and the cost of electricity and maintenance for any signs designated by the Lessor as part of the Common Areas; policing, security, supervision and traffic control; salaries and benefits of all supervisory and other personnel employed in connection with the City Market and management office rant imputed to the City Market by the Lessor, acting reasonably, Management Fee, the cost of providing additional parking or other Common Areas for the benefit of the City Market, whether such costs be Taxes or other type of costs; the costs and expenses of ewAronmental site reviews and investigations, removal and/or clean -up of Hazardous Substances fmm the Common Areas; the cost of the rental of any equipment and signs and the cysts of supplies used in the maintenance and operation of the City Market and the Common Areas; accounting and audit fees incurred in the preparation of the statements required to be prepared and supplied by the Lessor under the teams of this Lease; heating, ventilating and air conditioning of the Common Areas; all repairs and replacements to and maintenance and operation of the City Market and the Common AreW depreciation or amortization of the costs, including repair and replacement, of all maintenance and cleaning equipment, master utility meters, and all other fixtures, equipment, and facilities serving or comprising the City Market or the Common Arras; which are not charged fully in the Lease Year m which they are incurred, flbm the earlier of the date when the cost was incurred or the Commencement Date, at rates on the various items determined from time to time by the Lessor in accordance with sound accounting principles; o) "Proportionate Share" means a fraction, the numerator of which is the Rentable Area of the Leased Premises and the denominator of which is the Rentable Area of the City p) " Rent" means all Gross Rent and Additional Rent payable pursuant to the terms of this Lease, q) "Rentable Area of the Leased Premises" means the area expressed in square feet of all floors of the Leased Premises measured from L the exterior face of all exterior walls, doors and windows; ii. the exterior face of all interior walls, doors and windows separating the Leased Premises from Common Areas; if any, and iii. the centre line of all interior walls separating the Leased Premises from adjoining leasable premises. The Rentable Area of the Leased Premises includes all interior space whether or not occupied by projections, structures or columns, structural or non- structural, and if the store &out is recessed from the lease line, the area of such recess far all purposes lies within the Rentable Area of the Leased Premises, 236 Law far Stull Space - City Muket 670496148 lnc" dba "Ibe Wi sion Tea Roan k BiAre Schedule -C" Page 3 - r) "Rentable Area of the City Market" means the area in square feet of all rentable premises in the City Market set aside for leasing by the Lessor from time to time, except for any occupancy as designated by the Lessor for which there is no Gross Rent payable. Provided however that the Lessor shall credit to Operating Costs any contributions received in respect of such Operating Costs from the occupants of any of the area excluded from the Rentable Area of the City Market in accordance with this definition. Provided further that in determining the fraction that is the Lessee's Proportionate Share, if the Leased Premises consists of any of the foregoing excluded categories, the Rentable Area of that category will be included in the Rentable Area of the City Market; s) "Rules and Regulations" means the rules and regulations adopted and promulgated by the Lessor front time to time acting reasonably, including those listed on Schedule "D' t) "City Market" means the lands and premises known by the civic address 47 Charlotte Street, Saint John, New Brunswick, as such lands and premises may be altered, expanded or reduced from time to time and the buildings, improvements, equipment and facilities erected thereon or situate from time to time therein; u) "Taxes" means all duties, real property taxes, charges, assessments and payments, from time to time levied, assessed or imposed upon the City Market or any part thereof or upon the Lessor by reason of its ownership of the City Market, by any taxing authority. Taxes shall also include any penalties, late payment or interest charges imposed by any municipality or other taxing authority as a result of the Lessee's late payments of any taxes or instalments thereof For greater certainty "Taxes" shall exclude any penalties or interest incurred by the Lessor as a result of its failure to pay Taxes in a timely mauve, except Taxes shall include any interest in respect of a deferral of payment in accordance with sound accounting practices if permitted by statute or pu nuarit to an agreement with the taxing authority, and (u) income, profit or excess profits taxes of the Lessor; v) "Lessee" means the party named as Lessee in this Lease; and w) "Term" means the period referred to in Section 2. a3. ARTICLE R GRANT, TERM AND INTENT 2.01 Leased Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed, the Lessor demises and leases to the Lessee and the Lessee leases from the Lessor, the Leased Premises. The Leased Premises are shown outlined m red on Schedule "A" attached hereto and contain a Rentable Area of approximately Seven Hundred and Thirty Square Feet (730 iii. During the Term, the Lessee shall also have access to a basement storage space of an estimated Nine Hundred Square Feet (900 fe). 2.02 Use of Common Areas The use and occupation by the Lessee of the Leased Premises shall entitle the Lessee to the use in common with all others entitled thcrcto of the Common Areas, subject however, to the terms and conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time to time by the Landlord. 2.03 Term of Lease TO HAVE AND TO HOLD the Leased Premises for and during the term of Five (5) years to be computed from Jaly 15, 2013 and fully to be completed and ended on July 14, 2018 save as hereinafter provided for earlier termination. PROVIDED THAT if there is any Lessor's Work or Lessee's Work to be performed prior to the Lessee opening for business in the Leased Premises or the Leased Premises are occupied by a third party as of the date of this Lease, the Commencement Date shall be the earlier of: a) tisirty (30) days after the Lessor has delivered vacant possession of the Leased Premises to the Lessee notwithstanding that the Lessor may still, during such thirty (30) day period, be completing its work; or b) the opening by the Lessee to the public of its business in the Leased Premises, 237 Lease fir Stall Space- City Market 670486 NB bnc., dba `The Infusion Tea Room & Bistro' Scbedide' C" - Page 4- Notwithstanding any change in the Commencement Date calculated in accordance with the preceding provisions hereof; the 'terms shall expire on the date set for such expiry in the first paragraph of this Section 2.03, subject always to earlier termination as provided for in this Lease. PROVIDED THAT upon the Lessor or its Architect giving notice to the Lessee that the Leased Premises are available for the commencement of the Lessee's Work, the Lessee shall immediately take possession of the Leased Premises and shall occupy same for the purpose of Sxturing and installing its inventory, at its own risk, for a period of thirty (30) days after receipt of such notice or until the Lessee opens for business to the public in the Leased Promises, free of the payment of Gross Rent, and Additional Rent save for the obligation of the Lessee to pay for all utility charges used by the Lessee or consumed in the Leased Premises during the period of such fixturing, and shall during the period from the giving of such notice until the Commencement Date be a tenant in the Leased Premises subject to the same oovenants and agreements as are contained in this Lease, mutatis mutandis. FURTHER PROVIDED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, if the Lessor is unable to deliver vacant possession of the Leased Premises to the Lessee for any reason, including but not limited to the holding over or retention of possession of any other lessee or occupant, or the lack of completion of any repairs, improvements or alterations required to be completed before the Lessee's occupancy of the Leased Premises, then the time for commencement of the Term shall be extended to correspond with the period of delay and the Lessee shall not be entitled to any abatement or diminution of Rent (except that Rent shall not commence to be payable until possession of the Leased Premises is given by the Lessor to the Lessee) nor shall the validity of this Lease or the parties' respective obligations hereunder be affected. However, if the Lessor does not give vacant possession of the Leased Premises to the Lessee within six (6) months of the date of this Lease, then the Lessor may, at is option, terminate this Lease by written notice to the Lessee and is such event this Lease shall be mull and void and of no cf%ct whatsoever. Any deposit paid by the Lessee to the Lessor shall be returned without interest or deduction, and neither party shall have any further liability to the other. Forthwith, upon the Commencement Date being deternuned in accordance with the foregoing, the Lessee shall execute an acknowledgement of same on Lessor's usual form.. The Lessee shall pay all Gross Rent and Additional Rent calculated on a per diem basis, from the end of the rent -tree period to the last day of the month in which the Commencement Date occurs and thereafter all payments of Rent shall be made on the first day of each month throughout the Term unless otherwise specified herein. ARTICLE III RENT AND DEPOSIT 3.01 Gross Rent The Lessee shall pay annual Gross Rent to the average amount of Twenty -Seven Dollars and Twenty -Five Cents (x27.25) per square foot of leaseable retail area of the Leased Premises. The Gross Rent shall be paid in equal monthly instalments, monthly in advance. According to the following schedule: Rate Retail Space Cooler Space Mezzanine Space Basement S ace 1 $26.00 $0.00 $0.00 $0.00 2 $26.75 $0.00 $0.00 $0.00 3 $27.25 $0.00 $0.00 $0.00 4 $28.00 $0-00 $0.00 $0.00 5 $28.50 $0.00 1 $0.00 $0.00 Year Retail Space Cooler Space Mezzanine Space Basement Space 730 0 0 0 Year Month Year Month Year Month Year Month 1 $18,980.00 $1,581.67 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2 $19,527.50 $1,627.29 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3 $19,892.50 $1,657.71 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 $20440.00 $1,703.33 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 5 $20,805.00 j $1,733.75 $0.00 1 $0.00 $0.00 1 $0.00 $0.00 1 $0.00 3.02 Rent Past Due If the Lessee fairs to pay, when the same is due and payable, any Gross Rent, Additional Rent or other amount payable by rho Lessee under this Lease, such unpaid amotmis shall bear interest from the due date thereof to the daft of payment, compounded monthly at the rate equal to four (4) pm=Uage points m excess of the Prime Rabe. 238 Low for Stall Space— City Market 670486 NB Inc,, dba "The Infusion Tea Room g Bistro" Schedule "C" - Page 3- 3.03 Pre- Authorized Payments The Lessee shall particgmte in a pre - authorized payment plan whereby the Lessor will be authorized to debit the Lessee's bank account each month from time to time during each Lease Year in an amount equal to the Gross Rent and Additional Rent payable on a monthly basis, and, if applicable, generally any amount payable provisionally ptusuM to the provisions of this Lease on an estimated basis. The Lessor shall sign a form of application which is the same or similar to Schedule "l -1 °, or as may be. required by the Lessee's bank, credit union or other financial institution. ARTICLE IV TAXES 4.01 Tales Payable by the Lessor The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market or any part thereof subject always to the provisions of this Lease regarding payment of Taxes by the Lessee. However, the Lessor may defer payment of any such Taxes or defer compliance with my statute, law, by -law, regulation or ordinance in connection with the levying of any such Taxes in each case to the fullest extent permitted by law, so long as it diligently prosecutes any contest or appeal of any such Teases. 4.02 Taxes Payable by Lessee a) The Lessee shall during the Term pay, without any deduction, abatement or act -off whatsoever, all Taxes levied, laid or assessed on or against the leased Premises; b) In the case of assessments for local improvements or betterments which are assessed or imposed during the term and which may by law be payable in instalments, the Lessee shall only be obligated to pay such instalments as same fall due durmg the Term, together with interest on deferred payments; c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the Lessee to keep any covenant contained in this Article, the certificate or receipt of the department, offices or bureau charged with collection of the Taxes, showing that the tax, assessment or other charge affecting the Leased Premises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other charge was dua and payable as a lien or charge against the Leased Premises or that it has been paid as such by the Lessor, d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by legal proceedings or in such mamier as the Lessee in its opinion shall deem advisable (which proceedings or other steps taken by the Lessoc shall be conducted diligently at its own expense and free of expense to the Lessor) any and all Taxes levied, assessed or imposed upon or against the Leased Premises or Taxes in lieu thereof required to he paid by the Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations to pay the Taxes as herein provided pending the contest, but if by law it is necessary that such payment be suspended to preserve or perfect the Lessee's contest, then the contest shall not be undertaken without there being first deposited with the lessor a stun of money equal to twice the amount of the Taxes that are the subject of the contest, to be held by the Lessor as an indemnity to pay such Taxes upon conclusion of the contest and all costs thereof that may be imposed upon the Lessor or the Leased Premises. Any costs associated with an appeal undertaken by the Lessor, the Lessee shall pay their proportionate share of such costs; e) The Lessee upon request of the Lessor will promptly exhibit to the lessor all paid bills for Taxes which bills after inspection by the Lessor shall be reauned to the Lessee. 4.03 HST Payable by Lessee The Lessee shall. pay to the Lessor all HST on Rent and any other HST imposed by the applicable legislation on the Lessor or Lessee with respect to this L ease, in the manner and at the times required by the applicable legislation. Such amounts are not consideration for the rental of space or the provision by the Lessor of any service under this Lease, but shall be deemed to be Rent and the Lessor shall have all of the same remedies for and rights of recovery of such amounts as it has for recovery of Rent under this Lease. If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor due to a default or as consideration for a modification of this Lease, and the applicable legislation deems a part of the deposit or amount to include HST, the deposit or amount will be increased and the increase paid by the Lessee so that the Lessor will receive the full amount of the forfeited deposit or other amooat payable without encroachment by any deemed HST portion. 239 L me for Statt Space — City Market 670486 NB Inc,, dba "lhe infusion Tea Ream & Bistro„ Schedule "C" - Page 6 - 4.04 Business Taxes and Other Taxes of Lessee The Lessee shall pay to the lawful taking authorities, when the same becomes due and payable: a) all takes, rates, duties, assessments and other charges that are levied, rated, charged or assessed against or in respect of all improvements, equipment and fsciilities of the Lessee on or in the Leased Premises; and b) every tax and license fee which is levied, rated, charged or assessed against or in respect of any business carried on in the Leased Premises, or in respect of the use or occupancy thereof whether in any case any such taxes, rates, duties, assessments or license fees are rated, charged or assessed by any federal, provincial, municipal or other body. ARTICLE V UTILITIES 5.01 Utilities The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event that the Lessee leases cooler space or shares a hydro meter with the Lessor in the Leased Premises, the Lessee shall pay to the Lessor the Lessee's proportional share of any utility consumed. 5.02 Heating The Lessee shall provide and pay for the heating of the Leased Premises. The Lessor shall pay a lump sum payment to the Lessee for heat based on a period of heating running between October 15o to May 15n inclusive. This lump sum payment shall be calculated based on the following parameters: running time of 9 hours per day, 30 days in a month, the total load of the electric heat for the units being 5.5KW and at the going rate from Saint John Energy for a cost per KWH. Additionally, Harmonized Sales Tax for this calculation will be added to the hemp sum to reflect cost incurred to the Lessee. ARTICLE V1 MERCHANTS' ASSOCIATION 6.01 Merchants' Association If and when an association or corporation of merchants or lessees (the "Association ") is formed comprising tenants of the City Market, Ike Lessee shall forthwith become a member of such Association or if such an Association has already been formed, the Lessee shall forthwith become a member thereof and the Lessee shall retain its membership in such Association during the entire Term and shall abide by all rules, regulations, by- laws, decisions, directions, dues and assessments of the Association. Such Association shall in no way affect the rights of the Lessor and any by-laws, rules and regulations of such Association shall at all times be subject to the prior approval of the Lessor. 6.02 Promotion Fund The Lessee shall pay to the Lessor an amount equal to 6% of annual Gross Rent to be paid in twelve (12) monthly instalments each instalment payable on the 1" day of each month during the Tenn. ARTICLE VII CONDUCT OF BUSINESS BY TENANT 7.01 Use of Leased Premises a) The Leased Premises shall be used continuously, actively and diligently for the sole purpose of a tearoom. This traditional tearoom will verve tea, coffee and food commonly found in an "old world" tearoom. The food menu will include, but not be limited to, box lunches and High Tea Foods. The tearoom will also feature a tea related gifts boutique of not more than 25% of the Boor space. 240 Lease for Stall Span - City Markat 610486 NB Inc,, dba —rhe htfuuim Tea Room & Bistro" schedule "C" - Page 7 - The Lessee will not use or permit or suffer the use of the Leased Premises or any part thereof for any other business or purpose. In conwation with the business to be conducted by the Lessee on the Leased Premises, the Lessee shall only use the advertised name "The Infusion Tea Room & Bistro' and will not change the advertised name of the business to be operated in the Leased Premises without the prior written consent of the Lessor. The Lessee shall not introduce rmw product lines, or offer new services to its customers without first obtaining the written consent of the Lessor. The Lessee acknowledges that it would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee of such product line or service would compete with the business of other tenants in the City Market or infringe on exclusive covenants granted by the Lessor. Unless otherwise specifically set out in this Lease to the contrary, nothing contained m this Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in the City Market any of the products or services permitted to be sold or provided from the Leased Premises pursuant to this Section 7.01; nor (ii) prevent the Lessor from leasing any other premises in the City Market to any other tenant(s) carrying on a business which is similar in whole or in part to the business permitted to be carried on from the Leased Premises pursuant to this Section 7.01. b) The Lessee acknowledges that its continued occupancy of the Leased Premises and the regular conduct of business therein arc of utmost importance to neighbouring tenants and to the Lessor in the renting of space in the City Market, the renewal of other leases tbcrein, the efficient and economic supply of services and utilities, and in the character and quality of other tenants in the City Market. The Lessee therefore covenants and agrees that throughout the Term it will occupy the entire Leased Premises, comply strictly with the provisions of Section 7.01 and not vacate or abandon the Leased Premises at any time during the Tenn. The Lessee acknowledges that the Lessor is executing this Lease in reliance thereupon and that the same is a material element ioduciag the Lessor to execute this Lease. The Lessee fiuther agrees that if it vacates or abandons the Leased Premises or fails to so conduct its business therein, or uses or permits or suffers the use of the Leased Premises for any purpose not specifically herein auk and allowed, the Lessee will be in breach of the Lessee's obligations under the Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately become due and payable to the Lessor unless guaranteed to the satisfaction of the Lessor. The Lessor will have the right, without prejudice to any other rights which it may have under this Lease or at law, to obtain an injunction requiring the Lessee to comply with the provisions of this Section 7.01(b). 7.02 Conduct and Uperadoa of Business The Lessee shall occupy the Leased Premises trom and after the Commencement Date and thereafter shall conduct continuously and actively the business set out in Section 7.01, in the whole of the Leased Premises. In the conduct of the Lessee's business pursuant to this Lease the Lessee shall: a) operate its business with due diligence and efficiency and maintain an adequate staff to properly serve all customers; own, install and keep in good order and condition free from liens or rights of third parties, fixtures and equipment of first class quality; and carry at all times such stock of goads and merchandise of such size, character and quality as will produce the maximum volume of sales from the Leased Premises consistent with good business practices; b) conduct its business in the Leased Premises during such hours and on such days as the Lessor from time to time requires or permits and at-no other time. However the Lessee is not required or permitted to carry on its business during any period prohibited by any law regulating the hours of business. If the Lessee fails to open on the Commencement Bate or during the days and/or hours required by the Lessor, then in addition to all other amounts of Rent payable under this Lease the Lessee shall pay as Additional Rent to the Lessor upon demand as liquidated damages and not as a penalty, an amount equal to two hundred fifty dollars ($250.00) per day for each and every day that the Lessee is is default. When not open for business the security of the Leased premises is the sole responsibility of the Lessee; c) keep displays of merchandise in the display windows (if any) of the Leased Premises, and keep the display windows and signs (if any) in the Leased Premises well-lit during the hours the Lessor designates from time to time, acting reasonably; d) stock in the Leased Premises only merchandise the Lessee intends to offer for retail sale from the Leased Premises, and not use any portion of the Leased Premises for office, 241 Leon far StaU Space — City Market 670486 NB Inc., dba "The Infusion Tea Roam & Bist e Schedule ICI - page 8- clerical or other non-selling purposes except minor parts reasonably required for the Lessee's business in the Leased Premises; e) abide by all rules and regulations and general policies formulated by the Lessor, acting reasonably, from time to time relating to the delivery of goods to the Leased Premises; f) not allow or cause to be committed any waste upon or damage to the Leased Premises or any nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the City Market or which unreasonably diswrbs or interferes with or annoys any third party, or which may damage the City Market, g) not allow or cause to be done any act in or about the Common Areas or the City Market which in the Lessor's opinion, acting reasonably, hinders or intmrupts the City Market's flow of traffic in any way, obstructs the free movement or parties doing business in the City Market; h) not allow or cause business to be solicited in any part of the City Market other than the Leased Premises, nor display any merchandise outside the Leased Premises at any time without the prior written consent of the Lessor; i) use the name designated for the City Market by the Lessor from time to time and all insignia or oil= idenxi mg names and marks designated by the Lessor in connection with the advertising of the business conducted in the Leased Premises. Notwithstanding the foregoing the Lessen will not acquire any rights in such names, marks or insignia and upon the Lessor's request the Lessee will abandon or assign to the Lessor any such rights which the Lessee may acquire by operation of law and will promptly execute any documents required by the Lessor to give effect to this subparagraph (i); ) not install or allow in the Leased Premises any transmitter device not erect any aerial on the roof of any budding forming part of the City Market or on any exterior walls of the Leased Premises or in any of the Common Areas. Any such installation shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damage as a result ti>rareof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; k) not use any travelling or flashing lights or signs or any loudspeakers, television, phonograph, radio or other audiovisual or mechanical devices in a manner so that they can be heard or wean outside of the Leased Premises without the prior written consent of the Lessor. If the Lessee uses any such equipment without receiving the prior written consent of the Lessor, the Lessor shall be entitled to remove such equipment without notice at any time and such removal shall be donne and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; 1) not install or allow in the Leased Premises any equipment which will exceed or overload the capacity of any utility, electrical or mechanical facilities in the Leased Premises or of which " Lessor has not approved. If the Lessee requires additional utility, electrical or mechanical facilities, the Lessor may in its sole discretion if they are available elect to install them at the Lessee's expense and in accordance with plans and specifications to be approved in advance in writing by the Lessor; m) not bring upon the Leased Premises any machinery, equipment, article or thing that by reason of its weight, size or use, might in the opinion of the Lessor, acting reasonably, damage the Leased Premises or overload the floors of the Leased Premises. Any such machinery, equipment, article or thing shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damages as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; n) observe and comply with all federal, provincial or municipal laws pertaining to or affecting the Leased Premises, the Lessee's use of the Leased Premises or the conduct of any business in the Leased Premises, or the making of any repairs, rcplacomeagt% alterations, additions, changes, substitutions or improvements of or to the Leased Premises, and the regulations of any irmurance underwriters in respect of the insurance maintained by the Lessor in respect of the City Market, and carry out all modifications to the Leased Premises and the Lessee's conduct of business or in use of the Leased Premises which may be required by any such authorities. 242 Lem for Steil Spsce- City Matket 674486 NB Inc., dba -Me lnfluian Tea Room & Bistro" Schedule "C" -pap g_ 7.03 Prohlbited Activities a) The Lessee acknowledges that it is only one of many tenants in the City Market and tint therefore the Lessee sball conduct its business in the Leased Premises in a manner consistent with the best interests of the City Market as a whole; b) The Lessor shall have the right to cause the Lessee to discontinue and the Lessee shall thereupon forthwith discontinue the sale of any item, merchandise, commodity or the supply of any service or the carrying on of any business, any of which is either prohibited by this Section 7.03 or which the Lessor, acting reasonably, determines is not directly related to the business set out in Section 7.01. The Lessee will not allow or cause the use of any part of the Leased Premises for any of the following businesses or activi ties: i. the sale of secondhand goods or surplus articles, insurance salvage stock, fire sale stock or bankruptcy stock; ii. the sale of goods, except as may be specifically permitted by the provisions of Section 7.01; iii- an auction, bulk sale (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder), liquidation sale, °going out of business" or bankruptcy sale, or warehouse sale; iv. any advertising or selling procedures which would, or any sale or business conduct or practice which would, because of the merchandising methods or quality of operation likely to be used, in either case in the Lessor's opinion, tend to lower the character of the City Market or harm or tend to harm the business or reputation of the lessor or reflect unfavourably on the City Market, the Lessor or other tenants in the City Market or tend to confuse, deceive, mislead or be fraudulent to the public; or v_ a mail order business, save and except for dulse and maple products or a department store, junior department store or variety store. 7.04 Hazardous Substances The Tenant covenants and agrees to utilize the Leased Premises and operate its business in a manner so that no part of the Leased Premises or surrounding lands are used to generate, manufacture, refuge, treat, transport, store, handle, dispose of, transfer, produce or process any Hazardous Substance, except in strict compliance with all applicable federal, provincial and municipal statutes, by -laws and regulations, including, without l imitation, environmental, land use and occupational and health and safety laws, regulations, requirements, permits, statutes, by-laws and regulations. der the Lessee hereby covenants and agrees to indemnify and save harmless the Lessor and those for whom the Lessor is in law responsible from any and all loses, ousts, claims, damages, liabilities, expenses or injuries caused or contiiburted to by any Hazardous Substances which are at any time located, stored or incorporated in any part of the Leased Premises. The Lessee hereby agrees that the Lessor or its autharized representatives shall have the right at the Lessee's expense, payable as Additional Rent within fifteen (15) days of receipt of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem necessary for the purpose of ensuring compliance with this Section 7.04. The Lessee's obligations pursuant to this Section 7.04 shall survive the expiration or earlier termination of the Term. ARTICLE VM FIXTURES, ALTERATIONS AND REPAIRS AND LESSOR'S CONTROL OF CITY MARKET 8.01 Installations by the Lessee All equipment, fixtures and improvements installed by the Lessee in the Leased Premises shall be new or completely reconditioned. The Lessee shall not make any alterations, additions or improvements or install or cause to be installed any trade fixtures, exterior signs, floor covering, ulterior or exterior lighting, plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining the Lessor's written approval and consent. The Lessee shall present to the Lessor plans and specifications in form, content and such detail as the Lessor may reasonably require for such work at the time approval is sought. The Lessee covenants that any work that may be done in respect of the Leased Premises by or on behalf of the Lessee shall be done in such a matmer as not to conflict or interfere with any work being done or about to be done by the Lessor in or about the City Market, whether such conflict or interference shall arise in relation to labour unions or otherwise and the Lessee shall obtain all requisite permits, licenses and inspections in respect of any such work done by or on the Lessee's babel£ Notwithstanding anything herein contained, the Lessee shall make no aherations, additions or improvements that are of a structural 243 I.wse for Sun Space — City Mad= 670486 NB Tnc., dba "Me h>ttuion Tea Room & Bistro" Schedule "C" -Page 10 - nature or that would lessen the value or Rentable Area of the Leased Promises or the City Market, or would interfere with the usage of the Common Areas. All alterations, decorations, additions and improvements made by the Lessee or made by the Lessor on the Lessee's behalf by agreement under this Lease shall immediately upon installation or affixation become the property of the Lessor without compensation therefor to the Lessee, but the Lessor shall be under no obligation to repair, maintain or insure the alterations, decorations, additions or improvements. Such alterations, decorations, additions and improvements shall not be removed from the Leased Premises without prior consent in writing from the Lessor. Upon expiration of this Tease, the Lessee shall, at the option of the Lessor, remove all trade fixtures and personal property and shall remove all such alterations, decorations, additions and improvements and restore the Leased Premises as required by the Lessor. L02 Maintenance and Repair by the Lessee The Lessee will at all times keep the Leased Premises (including exterior entrances and all glass and show windows) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures, and the electrical and mechanical systems) in good order, condition and repair (including periodic painting or redecorating and preventative maintenance as determined by the Lessor and including such repairs or replacements as are required to keep the Leased Premises in good repair and condition). All aforesaid maintenance, repairs, restorations and replacements shall be in quality and class equal to the original work or installations. 8.03 signs, Awnings, Canopies The Lessee will not place or suffer to be placed or maintained on any exterior door, wall or window of the Leased Premises any sign, awning or canopy or advertising matter or other thing of any kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the leased Premises without first obtaining the Lessor's written approval and consent. The Lessee further agrees to maintain such sign, awning, canopy, duration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times, and in addition to the foregoing, the Lessee shall maintain any signs or displays of its goods or wares which may be seen from the exterior of the Leased Premises in a manner which is in keeping with the character of the City Market of which the Leased Premises form a part and which is designed to enhance the business of the Lessee. 8.04 Surrender of Leased Premises Subject to Article 10.01, the Lessee will leave the Leased Premises in good repair, reasonable wear and tsar only excepted. Without limiting the generality of the foregoing, at the expiration or earlier termination of the Team the Lessee shall surrender ender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear only excepted, and shall surrender all keys for the Leased Premises to the Landlord at the place then foxed for the payment of Rent and shall inform the Lessor of all combinations on locks, safes and vaults, if any, in the Leased Premises. Should the Lessee fail to remove its fixtures and personal properly, such fixtures and personal property shall be deemed to be abandoned by the Lessee and may be apprapriaoted, sold or otherwise disposed of by the Lessor without notice or obligation to compensate the Lessee or to account d x%mfor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or earlier termination of the Term of this Lease. 8.05 Lessee to Discharge all Liens The Lessee will ensure that no construction or other lien or charge, or notice thereof] is registered or filed against a) the City Market or any part of it; or b) the Lessee's interest in the Leased Premises or any of the leasehold improvements in the Leased Premises. by any person claiming by, through, under or against the Lessee or its contractors or subcontractors. if such a lien or charge or notice thereof is registered or filed and the Lessee fails to discharge it within five (5) days after written notice from the Lessor, the Lessor may discharge it by paying the amount claimed to be due into court or directly to the claimant and the Lessee will pay to the Lessor as Additional Rent on demand all costs (including legal fees) incurred by the Lessor in connection therewith, together with an administrative overhead charge of fifieen percent (15%) thereon. 8.05 Rules and Regulations The Lessee will comply with the Rules and Regulations. The Lessor reserves the right from time to time to amend or supplement the Rules and Regulations. Notice of such amendments and supplements, if any, shall be given to the Lessee, and the Lessee agrees thereupon to comply with and observe all such 244 Leese for Stall Space— City Market 570486 NB Inc., dba "The Irdbsion Tea Room & Biatm" SchtdWt "C" PW11- amendments and supplements, provided that no Rule or Regulation shall contradict any provision of this Lease. The lessor shall not be responsible to the Lessee for non -observance or violation of any of the provisions of such Rules and Regulations by any other tenant of the City Market or of the terms of any other lease of promises in the City Market and the Lessor shall be under no obligation to enfaree any such provisions. All Rules and Regulations shall be enforced against the Lessee in a non - discriminatory manner. 8.07 Maintenance and Repair by the Lessor The Lessor shall, subject to the other provisions of this Lease, maintain and repair or cause to be maintained and repaired, the structure of the City Market, including without limitation, the foundations, exterior weatber walls, subfloor, roof, bearing walls and structural columns and beams of the City Market. If, however, the Lessor is required to maintain or repair any structural portions or any other portion of the Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, its employees, agents, invitees, suppliers, agents and servants of suppliers, licensees, concessionaires or subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such maintenance or repairs, together with an administrative flee of fifteen percent (150K) of such costs. 8.03 Control of City Market by Lessor The City Market and the Common Areas are at all times subject to the exclusive control and management of the Lessor. Without limiting the generality of the foregoing, the Lessor has the right in its control, management and operation of the City Market and by the establishmeat of miles and regulations and general policies with respect to the operation of the City Market or any part thereof at all times throughout the Term to construct, maintain and operate lighting facilities and heating, ventilating and air conditioning systems; provide supervision and policing services for the City Market; close all or any portion of the City Market to such extent as may in the opinion of the Lessor's counsel be legally sufficient to prevent a dedication thereof or the accrual of any rights to any third party or the public; great, modify and terminate easements or other agreements pertaining to the use and maintenance of all or any part of the City Market; obstruct or close off all or any part of the City Market for the purpose of maintenariM repair or construction, employ all personnel, including supervisory personnel and managers necessary for the operation, maintenance and control of the City Market; use any part of the Common Auras from time to time for merchandising, display, decorations, entertainment and structures designed for retail selling or special features or promotional activities; designate the areas and entrances and the times in, through and at which loading and unloading of goods shall be carried out; control, supervise and generally regulate the delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises, and other portions of the City Market; designate and specify the kind of container to be used for garbage and refuse in the manner and the times and places at which same is to be placed for collection (if the Lessor for the more efficient and proper operation of the City Market provides or designates a commercial service for the pickup and disposal of refuse and garbage instead of or in addition to the service provided by the municipality, the Lessee shall use same at the Lessee's cost); from time to time change the area, level, location, arrangement or use of the City Market or any part thereof construct other buildings or improvements in the City Market and make changes to any part thereof, construct other buildings or improvements in the City Market and make changes to any part of the City Market; and do and perform such other acts in and to the City Market as in the use of good business judgment the Lessor determines to be advisable for the more efficient and proper operation of the City Market. Notwithstanding anything to the contrary, if as a result of the exercise by the Lessor of any of its rights as set out in this Section 8.08, the Common Areas are diminished or altered in any manner wbatsoever, the Lessor is not subject to any liability nor is the Lessee entitled to any compensation or diminution or abatement of Rent nor is any alteration or diminution of the Common Areas deemed constructive or actual eviction, or a breach of any covenant for quiet enjoyment contained in this Lease. 8.09 Lessor's Right to Enter Leased Premises a) It is not a re -entry or a breach of quiet enjoyment if the Lessor or its authorized representatives enter the Leased Premises at reasonable times to: i. examine them; ii, make permitted or required repairs, alterations, improvements or additions to the ceased Premises (including the pipes, conduits, wiring, ducts, columns and other installations in the Leased Premises) or the City Market or adjacent property; or iii. excavate land adjacent or subjacent to the Leased Premises; in each case (to the extent reasonably possible in the circumstances) without unreasonably interfering with the Lessee's business operations in the Leased Premises, and the Lessor may take material into and on the Leased Premises for those purposes. Rent will not abate or be reduced while the repairs, alterations, improvements or additions are being made. The Lessor will take reasonable steps to minimize any interruption of business resulting from any entry. 245 Lease for Stab Space — City Market 6704M NH [nr, , dba -Me Infusion Tea Room t Bistro" Schedule "C" - Page 12- b) At any time during the Term, the Lessor may exhibit the Leased Promises to prospective purchasers and during the six (6) months prior to the expiration of the term of this Lease, the Lessor may can -bit the Leased Premises to prospective tenants and place upon the Ceased Premises the usual notice "To Let" which notice the Lessee shall permit to remain where placed without molestation; c) If the Lessee shall not be personally present to open and permit an entry into the Leased Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Lessor or the Lessor's agents may enter the same by a toaster key, or may forcibly enter the same, without rendering the Lessor or such agan#a liable therefor, and without in any manner affecting the obligations and o ovenants of this Lease; d) Nothing in this Section contained, however, shall be deemed or construed to impose upon the Lessor any obligation, responsibility or liability whatsoever for the care. maintenance or repair of the City Market or any part thereo� except as otherwise in this Lease specifically provided, ARTICLE IX INSURANCE AND INDEMNITY 9.01 Lessee's Insurance a) The Lessee shall throughout the Term, at its own cost and expense, take out and keep in full force and effect the following insurance- L All -risk insurance upon property owned by the Lessee or for which the Lessee is legally liable (including, signs and plate glass) and which is located within the City Madcet in an amount of not less than the full replacement cost thereof; ii. Comprehensive General Liability with minimum limits of at least Two Million Dollars ($2,000,000.00) or such higher limits as the Lessor may reasonably require from time to time. This policy shall include: a) The City added as an Additional Insured; b) Inclusive limits for bodily injury and property damage; c) Personal injury liability; d) Tenant's Legal Liability; e) Contractual Liability with respect to this Lease; 0 Premises, Property and Operations; S) Completed Operations; h) A Cross Liability Clause; Q A Thirty (30) days written notice of Cancellation shall be given to the City of Saint John. iii. The Lessee MAU also provide any other form of insurance as the Lessee or the Lessor may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would insure. b) All policies shall be taken out with reputable and recognized insurers acceptable to the Lessor and shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees that certificates of insurance of each such insurance policy will be delivered to the Lessor as soon as practicable after the placing of the required. insurunc +. All policies shall contain an undertaking by the insurers to notify the Lessor in writing not Iess than thirty (30) days prior to any material change, cancellation or termination thereof; c) The Lessee agrees that if the Lessee fails to take out or keep in force any such irncumn a referred to in this Section 9.01, or should any such insurance not be approved by the Lessor and should the Lessee not rectify the situation immediately after written notice by the Lessor to the Lessee, the Lessor has the right without assuming any obligation in connection therewith to effect such insunmce at the sole cost of the Lessee and all outlays by the Lessor shall be immediately paid by the Lessee to the Lessor as Additional Rent without prejudice to any other rights and remedies of the Lessor under this Lease. 246 Lease fur Stall Space — City Mukd 670486 NB lna., dtm -Mc [nfnsion Tea Room & BisW Schedule "C" - Page 13 - 9.02 Increase In Insurance Premium The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any increase of premium for any insurance on the Leased Premises or the City Market or any part thereof above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises. If the Lessee is in default under this Section 4.02 the Lessee shall pay any resulting additional premium on any insurance policies taken cut or maintained by the Lessor, or if any insurance policy upon the Leased Premises or the City Market or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Leased Premises or any past thereof or the acts or omissions of the Lessee, the Lessee shall forthwith remedy or rectify such use or occupation upon request to do so in writing by the Lessor. and if the Lessee shall fail to do so within twenty- four (24) hours of such written request, the Lessor shall have the right to enter the Leased Premises and rectify the situation, without liability to the Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the Lessee liable for any damage or loss resulting from such cancellation or refiisal, or the Lessor may at its option determine this Lease forthwith by leaving upon the Leased Premises notice in writing of its intention to do so, and thereupon Bent end any other payments for which the Lessee is liable under this Lease shall be apportioned and paid in full to the date of such determination of the Lease, and together with an amount equal to the Bross Rant payable for a period of one (1) year as liquidated damages, and the Lessee shall immediately deliver up possession of the Leased Premises, a schedule issued by the organization makitrg the insurance rate on the Leased Prises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make the fire insurance rate of the Leased Premises. Bills for such additional premiums shall be rendered by the Lessor to the Lessee at such times as the Lessor may elect and shall be due from and payable by the Lessee when rendered, and the amount thereof shall be deemed to be and be paid as Additional Rent. 4.03 Lola or Damage The Lessor shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the Leased Premises, nor shall it be responsible for any loss of or damage to any property of the Lessee or others from any cause whatsoever, except any arch death, injury, loss or damage results from the negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law responsible. Without limiting the generality of the foregoing, the Lessor ells// not be liable for any injury or damage to persons or property resulting from fire, explosion, fislling plaster, steam, gas, electricity, water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes, appliances, plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other tenants or persons in the City Market or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi- public work. All property of the Lessee kept or stored on the Leased Premises shall be so kept or stoned at the risk of the Lessee only and the Lessee shall indemnify the Lessor and save it harmless from any claims arising out of any damages to the same, including, witboid limitation, any subrogation claims by the Lessor's insurers. In no event shall the Lessor be liable for any injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to the Leased Premise or to any property of the Lessee, or to any property of any other person, firm or corporation on or about the Leased Premises caused by an interruption, suspension or faihre in the supply of any utilities to the Leased Premises. 4.04 Indemnification of the Leaior The Lessee will indemnify the Lessor, and save harmless tsom and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Leased premises, the occupancy or use by the Lessee of the Leased premises or any part thereof, or occasioned wholly or in part by any act or omission of the Lessee, its agents, coat actors, employees, servants, licensees, or concessionaires or invitees. In case the Lessor shall, without fault on its part, be made a party to any litigation commenced by or against the Lessee, then the Lessee shall protect and hold it harmless and shall pay all costs, expenses and solicitors' and counsel fees on a solicitor and client basis incutred or paid by them in connection with such litigation. ARTICLE X DAMAGE, DESTRUCTION AND EXPROPRIATION 10.01 Total or Partial Destruction of Leased Premises If, during the Term, the Leased Premises are expropriated or totally or partially destroyed or damaged by any cause in respect of which the Lessor is insured, the following provisions shall have effect: a) If the Leased Premises are rendered partially unfit for occupancy by the Lessee, Gross Rent only shall abate in part only, in the proportion that the part of the Leased Premises rendered unfit far occupancy by the Lessee bears to the whole of the Leased Premises or if the Leased Premises are rendered wholly unfit for occupancy by the Lessee the Rent hereby reserved shall be suspended in 247 Um for stall Space— City mutet 670486 NB Inc., dba "Thc Infusion Tea Room & Bisuro" Schedule "C" - Page 14 - either event until the day following a reasonable period (taking into account the extent of the Lessee's restoration) following completion ofthe Lessor's restoration; b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in the opinion of the Architect shall be incapable of being rebuilt and/or repaired or restored with reasonable diligence within 180 days of the happening of such destruction or damage, than the Lessor may at its option terminate this Lease by notice in writing to the Lessee given within thirty (30) days of the date of such destruction or damage and in the event of such notice being so given this Lease shall cease and become null and void from the date of such destruction or damage and the Lessee shall immediately surrender the Leased Premises and all interest therein to the Lamar and the Rent shall be apportioned and shall be payable by the Lessee only to the date of such destruction or damage and the Lessor may r o -enter and repossess the Leased Premises dischar8ed of this Lease; if the Leased Premises are capable of being rebuilt and/or unpaired or restored within 180 days of the happening of such damage or destruction or if within the period of thirty (30) days referred to in Section 10.01(b) the Lessor shall not give notice terminating this Lease, the Lessor shall with reasonable promptitude proceed to rebuild and/or repair or restore the Leased Premises to the extent of the Lessor's repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the Lessor's work and, within a reasonable period determined by the Lessor (given the extent of the Lassoe's restoration) complete the restoration of the Leased Premises. The certificate of the Architect shall bind the pasties as to the (i) extent to which the Leased Premises are unfit for occupancy; (H) time regtured to rebuild and/or repair or restore the Leased Premises; and (iii) due completion of repairs. 10.02 Total or Partial Destruction of City Market In the event that a substantial portion of the City Market shall be expropriated or damaged or destroyed by fire or other cause, or in the event the casts as estimated by the Lessor of repairing, restoring or rebuilding will exceed by $250,000 or more the proceeds of insurance available to the Lessor, notwithstanding that the Leased Premises may be unaffected, or in the event the Lessor shall have the right, to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and after said occurrence, to elect to cancel and Germinate this Lease. Upon the giving of such notice to the Lessee, the Term of this Lease shall expire upon the third (3'd) day after such notice is given, and the Lessee shall vacate the Leased Premises and surrender the same to the Lessor. 10.03 Abatement of Rent Notwithstanding anything herein before contained, all abatements of Rent set out in this Article X shall be limited to an amount equal to the amount which the Lessor collects under any rental income insurance. 10.04 Expropriation Awards The Lessor and the Lessee will co- operate with each other if there is an expropriation of all or part of the Leased Premises or the City Market, so that each nay receive the maximum award that it is entitled to at law. To the extent; however, that a part of the City Marko% other than the Leased Premises, is expropriated, the full proceeds that are paid or awarded as a result, will belong solely to the Lessor, and the Lessee will assign to the Lessor any rights that it may have or acquire in respect of the proceedmSs or awards and will execute the documents that the Lessor reasonably requires in order to give effect to tbm intention. ARTICLE X1 STATUS STATEMENT, SUBORDINATION AND ATTORNMENT 11.01 Status Statement Within fifteen (15) days after request, the Lessee will sign acrd deliver to the Lessor a states statement or certificate, stating that this Lease is in full force and effect, any modifications to this Lease, the commencement and expiry dates of this Lease, the date to which Rent has been paid, the amount of any prepaid Rent or deposits held by the Lessor, whether there is any existing defmh and the particulars, and any other information nxpa ed by the party requesting it. 11.02 Power of Attorney The Lessee hereby irrevocably appoints the Lessor as the attorney for the Lessee with full power and authority to execute and deliver in the name of the Lessee any instruments or certificates required to 248 Leese fbr Stall Space — C4 Market 67OU6 NB Inc., dba "The ln5 in Tea Room & Bistro" schodnle "C" -Page 15 - carry out the intent of Section 11.01 which the Lessee shall have failed to sign and deliver within fifteen (1 S) days after the date of a written request by the Lessor to execute such instruments. ARTICLE XII TRANSFERS BY LESSEE 12.41 Transfer Defined "Transfer" means, (i) an assignment, sale, conveyance, sublease, or other disposition of this Lease or the Leased Premises, or any part of them or any interest in this Lease (whether by operationn of law or otherwise), or in a partnership that is a Lessee under this Lease, (il) a mortgage, charge or debenture (floating or otherwise) or other encumbrance of this Lease or the Leased Premises or any part of them, or of any interest in this Lease or of a partnership, or partnership interest, where the partnership is a Lessee under this Lease, ( iii) a parting with or sharing of possession of all or part of the Leased Premises, and (iv) a transfer or issue by sale, assignment, bequest, inheritance, operation of law or other disposition, or by subscription of all or part of die corporate shares of the Lessee or an affiliate" (as that term is defined on the date of this Lease under the Canada Business Corporations Act) of the Lessee which results in a change in the effective voting control of the Lessee. "Transferor" and "Transferee" have meanings corresponding to the definition of -Transfer" set out above, (it being understood that for a Transfer described in clause (iv) the Transferor is the person that has effective voting control before the Transfer and the Transli —ce is the person that has effective voting control ahm the Transfer). 12.02 Consent Required The Lessee will not allow or cause a Transfer, without the prior written consent of the Lessor in each instance which consent may not be unreasonably withheld. Notwithstanding any statutory provisions to the oontrary, Lessor's consent sbaU not be deemed to have been unreasonably withheld where Lessor refuses consent to a Transfer within twenty-four (24) months of either the Commencement Date or a previous Transfer. Without limiting the generality of the foregoing, no Transfer shall be effective and no consent shall be given unless the following provisions have been complied with: i. There is no default of the obligations of the Lessee under this Lease; ii. The Lessee shall have given at least thirty (30) days' prior written notice of the proposed Transfer and the effective date thereof to the Lessor; iii. A duplicate original of the documents affecting the Transfer shall be given to the Lessor within thirty (30) days after the execution and delivery thereof; iv. The Transferee, exct pt in the casc of a Transfier described in Section 12.01 (W), shall have assumed in writing with the Lessor the due and punctual performance and observance of ail the agreements, provisions, covenants and conditions hereof on the Lessee's part to be performed or observed from and after the effective date of the Transfer. The Lessee acknowledges that the factors governing the granting of the Lessor's consent to any Transfer may include, without limitation, the restrictive clauses entered into with other tenants by the Lessor, the financial background, business history and the capability of the proposed Transferee in the Lessee's line of business, and the nature of the lousiness practices of the proposed Transferee. The consent by the Lessor to any Transfer shall not constitute a waiver of the necessity for such consent to any subsequent Transfer. If a Transfer takes pl ace, the Lessor may collect rent from the Transferee, and apply the net amount collected to the Rent herein reserved, but no such action shall be deemed a waiver of the requirement to obtain consent or the acceptance of the Transferee as lessee, or a release of the Lessee or any Indemnifier from the further pmformwm by the Lessee of covenants on the part of the Lessee herein conbuned Notwithstanding any Transfer, the Lessee shall remain fully liable under this Lease and shall not be released from performing any of the obligations of the Lessee under this Lease. Any Transfer, if consented to by the Lessor, may at the Lessor's option be documented by the Lessor or its solicitors, and any and all legal costs and the Lessor's then - standard fee with respect thereto or to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on demand as Additional Rent. 12.03 No Advertising of Leased Premises The Lessee shall not print, publish, Post, display or broadcast any notice or advertisement to the effect that the Leased Premises are for lease or for sale or otherwise advertise the proposed sale or lease of the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of the foregoing, unless the complete text and format of any such notice, advertisement or oar is first approved in writing by the Lessor. Without in any way restricting or limiting the Lessor's right to refuse any text or format on other grounds, any text or format proposed by the Lessee shall not contain any reference to the rental rate of the Leased Premises. 249 Lease for Stall Space — City Market 670486 NB Inc., dba "The Infusion Ten Room & Bistro" Schedule °C" . Page 16 - ARTICLE XM DEFAULT OF LESSEE 13.01 Right to Re -Enter a) the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to he remedied; then and in any of such cases the then current month's Rent, together with the Rent for the three (3) months next ensuing shall in nnediatcly become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatruoever forthwith to -enter upon the Leased Premises or any part thereof in the name of the whole and repossess and anjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forf mire the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall have the right to remove and sell the Lessee's goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Lease. 13.02 Right to Re -Let Should the Lessor elect to ro- rater, as herein provided, or should it take possession pursuant to legal proocedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, malre such alterations and repairs as may be necessary in order to re-let the Leased Premises, and re-lot the Leased Premises or any pan dmwf as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or tarsals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable; upon each rya- letting all rentals received by the Lessor from such mletting shall be applied; first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor; second, to the repayment of any reasonable costs and expenses of such re- letting, including brokerage fees and solicitors' fees and of costs of such alterations and repairs; third, to the payment of Rent due as the same may become due and payable h=undc r. If such Rent received from such rc4etting during any month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such deficiency to the Lessor. Such delcioncy shall be calculated and paid monthly. No such re -entry or taking possession of the Leased Premises by the Lessor shall be oonsttuod as au election on its part to terminate this Lease unless a written notice of such intention be given to the lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-letting without termination, the Lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time termmate this Lease for any breach, m addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the coat of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor, in determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent far each year of the unexpired Term shall be equal to the greater of (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding throe (3) full calendar years, whichever period is shorter, and (b) t rrom Rent payable hereunder, together with all Additional bent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required. 13.03 Legal Expenses In case suit shall be brought for recovery of possession of the Leasod Premises, for the recovery of Rent or any other amount duo under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessee to be kept or performed and a broach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including reasonable solicitors' and counsel fees on a solicitor and his client basis. 250 Lease for StaR Space — City Market 670486 NB ffic., dba -ne hdimiut Tea Roan & Bistro" Schedule "C" - Page 17 - 13.04 Bankruptcy The Lessee covenants and agrees that if the Term or any of the goods and chattels of the Lessee on the Leased Premises shall be at any time daring the Term seized or taken in execution or attachment by any creditor of the Lessee or if a receiver, interim receiver or receiver and manager is appointed for the assets or business of the Lessee or if the Lessee shall make any assignment for the benefit of creditors or any bulk sale or, becoming bankrupt or insolvent, shall take the benefit of any Act now or hereafter in force for bankrupt or insolvent debtors or if any order shall be made for the winding up of the Lessee, or if the Leased Premises shall without the written consent of the Lessor become and remain vacant fior a period of fifteen (15) days, or be used by any other persons than such as are entitled to use them under the terms of this Lease, or if the Lessee shall without the written consent of the Lessor abandon or attempt to abandon the Leased Premises or to sell or dispose of goods or chattels of the Lessee or to remove them or any of them from the Leased Premises so that there would not in the event of such abandonment, sale or disposal be sufficient goods on the Leased Premises subject to distress to satisfy the Rent above due or accruing due, then and in every such case the then current month's Ront and the next ensuring three (3) months' Rent shall immediately become due and be paid and the Lessor. may re -enter and take possession of the Leased premises as though the Lessee or the servants of the Lessee or any other occupant of the Leased Premises were holding over after the expiration of the Term and the Term shall, at the option of the Lessor, immediately without any notice or opportunity for cure provided to the Lessee, become forfeited and determined, and in every one of the cages above such a,coelerated Rent shell be recoverable by the Lessor in the same manner as the Rent hereby reserved and if Rent were in arrears and the said option shall be deemed to have been exercised if the Lessor or its agents given notice to the Lessee as provided for herein. 13.05 Lessor May Perform Lessee's Covenants If the Lessee shall fail to perform any of its covenants or obligations under or in respect of this Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such covenants or obligations, or any part thereof; and for such purpose may do such things upon or in respect of the Leased Premises or ray part thereof as the Lessor may consider requisite or necessary. All expenses incurred and expenditures made by or on behalf of the Lessor under this Section, together with an administrative fee equal to fifteen (15%) percent thereon, shall be forthwith paid by the Lessee to the Lessor on demand as Additional Rant 13.06 Waiver of Exemptions from Distress Despite any applicable Act, legislation or any legal or equitable rule of law. (a) none of the inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distrees; and (b) no lack of compliance with any requitccment concerning the day of the week, time of day or night, method of entry, giving of notice, appraising of goods, or anything else, will render any distress unlawful where the Lessee owes arrears of Rant at the time of the distress. 13.07 Remedies Cumulative No reference to nor exercise of any specific right or remedy by the Lessor will prejudice or preclude the Lessor from exercising or invoking any other remedy in respect thereof:, whether allowed at law or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other such remedy, but the Lessor may from time to time exercise any one or more of such remedies independently or in combination. ARTICLE MV MISCELLANEOUS 14.01 Overholding If the Lessee remains in possession of the Leased Premier alter the end of the Term and without the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Term hereby granted, and the Lessee shall be deemed to be occupying the Leased Premises as a Lessee from month to month at monthly rent payable in advance on the first day of each month equal to the sums of i one and one half (1 'A) times the Gross Rent payable during the last month of the Term; and ii. one - twelfth of the Additional Rent payable by the Lessee for the Lease Year immediately preceding the last Lease Year of the Term; and otherwise upon the same terms and conditions as are set Furth in this Lease, except as to duration of Term, and any right of renewal mutabs rnutandis. 251 1" for Stab Space— City M da t 670486 NB Inc., dba - the lnfusien Tea Rowe dt Bistro" Schedule "C" -Page is - 14.02 Successors This Lease applies to the successors and assigns of the Lessor and, if Article JOII is complied with, the heirs, executors, administrat ors and permitted successors and permitted assigns of the Lessee. If there is more than one, party named as Lessee, they are jointly and severally liable under this Lease. 14.03 Waiver Failure by the Lessor to require performance of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or of any other term, covenant or condition herein conWned. The subsequent acceptance of Rent hereunder by the Lessor shall not be deemed to be a waiver of any preceding breach of the Lessee of any terra, covenant or condition of this Lease, other than the fahme of the Lessee to pay the particular rent so accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such Rent No covenant, term or condition of this Lease shall be deemed to have been waived by the Lessor, unless such waiver be in writing by the Lessor. 14.04 Accord and Satisfaction No payment by the Lessee or receipt by the Lessor of a lesser amount than the monthly Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement or any cheque or any letter accompanying any cheque or payment as Rent be deemed an accord and satisfaction, and the Lessor may accept such cheque or payment without prejudice to the Lessor's right to recover the balance of such Rent or pursue any other remedy in this Lease provided. 14.05 Entire Agreement This Lease sets forth all the covenants, promises, agreements, conditions and understandings between the Lessor and the Lessee concerning the Lensed Premises and there am no covenants, promises, agreements, conditions or representations, either oral or written, between them other than are herein and in the said schedules mid rider, if any, set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Lessor or the Lessee unless reduced to writing and signed by them. 14.06 No Partuershlp The Lessor does not, in any way or for any purpose, become a partner of the Lessee in the conduct of its business, or otherwise, or joint ventum or a member of a joint enterprise with the Lessee. 14.07 Force Majeure In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock -outs, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fm dt of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excased far the period of the delay and the period for this performance of any such act shall be extended for a period equivalent to the period of such delay. Notwithstanding anything herein contained, the provisions of this Section 14.07 shall not operate to excuse the Lemw from the prompt payment of Gross Rent, Additional Refat or any other payments required by the terms of this Leese, nor entitle the Lessee to compensation for any inconvenience, nuisance or discomfort thereby occasioned. 14.09 Notices Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be sufficiently given if delivered personally to the Common Clerk, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessor at: CIO The Common Clerk, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E21, 4L1, with a copy to Real Estate Services, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E21, 4L1, and any notice herein provided or permitted to be given by the Lessor to the Lessee shall be sufficiently given if delivered personally to the party being given such notice or to a responsible employee of the party being given such notice, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessee at the Leased Premises at 47 Charlotte Street, Saint John, New Brunswick, EX 2118. Any such notice given as aforesaid shall be conclusively deemed to have been given on the day on which such notice is delivered or transmitted or on the third day that there is postal delivery following the day on which such notice is mailed, as the case may be. $linter party may at any time give notice in writing to the other of any change of address of the party given such notice and from and after the giving of such notice the address therein specified shall be deemed to include any request, statement or other writing in this Lease provided or permitted to be given by the Lessor to the Lessee or by the Lessee to the Lessor. If there is more than ono party named as Lessee, notice to one shall be deemed sufficient as notice to all. 252 Lease for Stan space —City Market 670486 NB Inc., dba -the Infusion Tea Room & Bistro' Schedule `°C' - Page 19 - 14.09 Place for Payment of Rent The Lessee shall pay the Rent Including all Additional Rent, at the office of the Lessor specified in Section 14.08 or as such place or places as the Lessor may designate from time to time by notice in writing: currently to the Cashier's Office, City Hall, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L1. 14.10 Approval in Writing Wherever the Lessor's consent is required to be given hereunder or wherever the Lessor must approve any act or performance by the Lessee, such consent or approval, as the case may be, shall be given in writing by the Lessor before same and shall be deemed to be effective. 14.11 Governing Law The Lease is to be governed by and construed according to the laws of the Province of New Brunswick- 14.12 Caption and Section Numbers The captions, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections or articles or of this Lease, nor in any way affect this Lease. 14.13 Partial Invalidity If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease and/or the application of such term, covenant or condition to persons or circumstances other than those as to which it is hold invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be separately valid and enforceable to the fullest extent permitted by law. 14.14 No Option The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease becomes effective as a Lease only upon execution and delivery thereof by the Lessor and the Lessee. 14.15 Time To Be of the Essence Time shall be of the essence of this Lease. 14.16 Quiet Enjoyment The Lessor covenants with the Lessee for quiet enjoyment. 14.17 Riders and Schedules Schedules attached hereto form pert of this Lease. 253 SCHEDULE "D" RULES AND REGULATIONS All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances, designated for such purposes by the Landlord. 2. Tho delivery or slipping of merchandise, supplies and fixtures to and from the Leased Premises shall be subject to such controls as in the judgment of the Landlord are necessary for the proper operation of the Leased Premises andlor the City Market. All garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall not be burned in or about the Leased Premises_ 4. No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or electric wire shall be installed or oonnected without obtaining in each instance the written consent of the Landlord. All such connections shall be installed in accordance with the Landlord's direction and without such direction no boring or cutting for wires or pipes shall be permitted. 5. The Tenant will be required to remain open for business as follows: a. Stalls shall be open for business at all times while the market is open to the public. b. Year round stands shall be open for business at all times while the market is open to the public. 6. The plumbing facilities shall not be used for any other purpose than that for which they are intended, and no foreign substance of any kind shall be thrown thin, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall he borne by the Tenant. 7. The Tenant shall use at the cost of the Tenant a nationally recognized pest extermination contractor. 8. The Tenant, its employees or agents, shall not mark, paint, drill or in any way deface any walls, ceilings, partitions, floors, wood, stone or iron without the written consent of tlx Landlord. 9. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit any cooking in the Leased Promises without the written consent of the Landlord. 10. No aisle, sidewalk, entry, pa way, elevator or staircase shall be obstructed or used by the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees for any purpose other than ingress to and egress from the Leased Premises. 11. The Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees shall not bring in or take out, position, construct, install or move any safe or other heavy equipment or furniture without first obtaining the consent in writing of the Landlord. in giving such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight permitted and the position thereof, and the use and design of planks, skids or platforms to distribute the weight thereof. All damage done to the City Market by moving or using any such fie, heavy equipment or furniture shall be repaired at the expense of the Tenant The moving of all equipment and the furniture small occur only during those hours when the City Market shall not be open for business or any other time consented to by the landlord. 12. All persons entering and leaving the building in which the Leased Premises are situated must do so during hours the City Market is staffed by City Market employees. The Landlord at its sole discretion may determine the boors the City Market is staffed Tenants shall register in boot® if so required by the Landlord when accessing the Market "after Market hours ". The Landlord is under no responsibility for failure to enfarce this rule. 13. The Tenant shall not place or cause to be placed any additional locks upon any doors of the Leased Premises without the approval of the Landlord and subject to any conditions imposed by the Landlord. 14. No one shall use the Leased Premises for sleeping apartments or residential purposes, or for the storage of personal effects or articles other than those required for the purposes permitted by the lease to which these rules and regulations are annexed 254 SCHEDULE "D" RULES AND REGULATIONS Page 2 15. Subject to the Landlord's providing such service, the Tenant shall permit window cleaners to clean the windows of the Leased Premises from time to time and at reasonable times. 16. Any hand trucks, carryalls or similar appliances used in any building in the Shopping Centre shall be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require. 17. No animals or birds shall be brought into the Leased Premises except as permitted by the lease to which these rules and regulations are annexed. 18_ Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit the delivery of any food or beverage to the Leased Premises without the approval of the Landlord. 19. The Tenant shall not solicit business in the common areas or distribute any handbills or other advertising matter in the common areas or in automobiles parked in the parking areas. 20. The Tenant may only sell merchandise that is approved by tho Landlord through their lease or otherwise. 21. The Tenant shall not keep or display any merchandise on or otherwise obstruct the common areas adjacent to the Leased Premises. 22. The Tenant shall not use or permit any of the Leased Premises to be used in such a mariner as to cause annoying noises or vibrations or offensive odours. 23. The Tenant is responsible to remove garbage from their premises and deliver to the compactor designated by the Landlord and to place the garbage in the compactor. 24. A set of plans must be presented and the approval must be given by the landlord for any improvements or painft etc. to the stands (including signs). 25. Merchandise, displays, shelves, etc., are not to exceed the height of the bottom meat hook bars on each stand. 26. No solid dividers are to be placed between the top and bottom meat hook bars. 27. Displays underneath the stands must be set up 6" off the floor on legs or wheels so the floor can be swept and washed down properly. 28. Covens are not to be placed over merchandise on stands without the prior approval of the Landlord. 29. Signage is to be in keeping with the historic character of the City Market and must meet the following criteria: Materials: Wood and metal are considered to be appropriate materials. Plastic may be used provided that it looks like one of the acceptable materials. Internally- illuminated plastic faced box signs will not be acceptable; Number of Signs: Each tenancy will be permitted one beach -top sign on each bench (7'- 0" length), or one projecting sign on each aisle -side that identifies the business by name and type; Bench -top Signs: These signs are the preferred primary form of signage. They must be located lto 2 inches above the top rail of the bench, and should display ills business name. They will consist of a 8" high by 6' -0" long narrow band of material with the lettering printed, painted, composed of individual raised letters, or lettering cut into the material and painted a contrasting colour. The rear may not be used for signage over another tenancy; Projecting Signs: Projecting signs may be used and shall be constructed as two -sided signs. They may only be located at a bench post, and must be rigidly fastened in place. They shall be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide. Only one per tenancy per aisle side shall be permitted as Business identifications; Lighted Signs: Not permitted; Temporary Signs: Any number of signs advertising goods for sale, specials, etc. shall be permitted. They may not exceed 8.5" x 1 i" in size, and must not excessively obscure the view through the bench between the first and last rail above the beach. 255 r�i7� r Plus 8H in god s.tta" Som tb 73e City ofSddkbnBMiw&cdCol lac Dos am= widtsVOMcbvqpc(ftxc=mdvodffcadm VCMIM 1924& et mud= is =bmmdvlmbctwAfimetdoJapmepdon de The city of Saint John av= oa ditw p mUart L:f M=dm VAMAMLA� (mz fim da vkftmdm tin oawpV1 I/W% / idoery Nam /Nom: dW boat** vw City of Sit john o t�et daft Mie City of Sant John is ptmed to bo able to ofkr City b(wW Taunts a wvdUy de6dt s am bcawm do MMM map ik PMUn t option fbr psym mt of City Mkt bait, 1'optWn, de parer por Vovumxt bamehe /Vim: maw: d aftmodw bar lwjw do mr We hope IW ft form is Sdf- explmdmy, Motu quo oe from s o"cl* bowcvci-, plea an as if y' as hm any gnawfiou-,. Wwt&6 i vow an den gooWoL46 AUTO DIM= pas i<now (SO 6n-nw Cam? tip -1967 Plus 8H in god s.tta" Som tb 73e City ofSddkbnBMiw&cdCol lac Dos am= widtsVOMcbvqpc(ftxc=mdvodffcadm VCMIM 1924& et mud= is =bmmdvlmbctwAfimetdoJapmepdon de The city of Saint John av= oa ditw p mUart L:f M=dm VAMAMLA� (mz fim da vkftmdm tin oawpV1 I/W% / idoery Nam /Nom: Addm /Adcea • Pm�inoa : Postsl � /Vim: / AUTO AIITi'0RMAUTO l M n e aq sfsmwJi . , MW Cw of 1hd��ja>oa, PA. 1871, 8adwt iaim,!�, >� d1V1, M Asiiii nwlarrr -- ?t m C.P. i a"ibim, Neal m C% i rilili.. a."= a.. - Aamz t f /N` de how at / de 1a �OOC�a1a /A&uwda4 * Tra&&: P4 Of mu*a z m am fts ad Aftod JIM 109W a mar"i j%"j/� Yip l� � tbb t�f r�a014r LY'DOa � ipt � i� �t� Of"at�ob�aa dale andorl�. Dj: i oftjaiat Sm= b, an depositoa mm>dt owk if mmemomlipomisawindon owgm ibsmw Nadu* oa a000ga Now if a Dopy of this maopioled b m is regi b4 plm vimp wr ofd. '*tea am o"ff"* 256 *& oe qoi come= ka ooWm cc*" of ptu MAW a rst do OO Note : Ss vow d&kw, dw.&traa 0%40 dSp&",;"rg St►rmutsice dtlmeatrso+pli, r� ptttvi�'taOiv. '" Yak aw Yom** TEMS APM COMMONS ]DWv will The City of Ssw Iobm Bwha god aqwmt artomkUdo,of AdL ►(� dsysp�or to fhe �payipeat ?I9Ve =&=Mad dmi amAudws offt 4m&oid=dm4eeroutatSootnyfem to pRy fW goods ex eavtoes oohed Rowit lu +Ci9y of Sdd JAL UPOW ibameid imtttudm VM aesa sick deMt a ifUwo hldperwDm ft m=d $ vMmdiaoead= s The t7ityefSaire,� Iabm to debt the s�uoot �f to mytaa si►ooseott and aoedaotr yedatp mgaredatwsia acoocdroce � � }Da, iJWe uesde<wad 16at aeey debid �d to a000aatw� besaimbased iL` IM IM RbR deb�xas b the a doo lD �elidfiseasteetaoowaeet boa aegppiiodby the Binit>� � co�egioeat4 oi�o. 7[be � of Slat byOvIna mol o is wry 10myrl wb w& of M des afthe debit to account The C iW of baler IOM vM dMP S10A0 bbr each ttsmszedom rAmoed lhrNoo SuOi'oie d P�mds VWGwbwAlmbvdaadclfmTcfftw&c&3d= m IU CIty of Sdd iota oaati du delivery to my. it wo rv4mcd dug aII pomm trlawa asomm so rpiaedto dp vp mi nds s000m thatvie awed dds solhathadoo. ** rrlaety ** The City of Sabt John DOW NOT dmw or Sell its dirt lisle. Any mftmm an p*vidtid havin will be um d only for t bo atboveo-wW pmpase, and for no odu rpatpom Your sip== on this fialm b yow far The City of Sit John to morel fib hdmmimdm Ifyou &vc any quafiow &Axd this ddmaw4 ptAme coo not heatate to e& 652 -1960 or the City SoRdtm% offift at (505) 659 -2860. MODAMU ET CONDIT7 OM Yo bdmh a=p, Pi'6odk It been do b detour deTlaC�of�Io� apltaste6.oarismemwe:� a:1a GOMM GP- is kF&MMium do oM .Ooeolydj k. .I,, tom C30) imn pmt h dots daproalafng , oom de 000 zftdugga a's aeons bddo®m miry n o■&om obMpdm de P4er la as is mvi n am potalr ou an Tm Gr of Slat A)LL Mamh otee iudkdkn fimadim kgWa dbWm pS61i►+temaot batooaa coanpso std a~ris�s l m R F U aed e[eeeis ooe dfieotivs 6orke =Wdmd Mho CRY of Sataet Jobon � ddbedmr le(a) � � � afnodhraaa oam�pSie e# eSo>b'xuap,al �Bar� 1os pdememf# batpe�w —s= _ Ie oar m CaA J! you mne Pskomm baocmiro da =&testes oampm 6m ra04=06 $I: :ca ca a Et6 at',boW da asavtaa con Fw c m rauea de � � b i�lidas os 6MOM0006 ho'26Pwkb dah6UMamkmetdok an doo mt ua avk unit i mucwxab a6 jem mi"atb ;I � The City of Sobt Iobn &MMM 10 s pc,9-"- ftnucdon nAmab as ni m d%mffimum dp ttd& I0M=dwIW= gel t:mowhotaus P�ta'wdowawomf n�� k P=Wn= rMWlms qoa %uw las peaDmo os k Swaim eoeoemi�aaed m6 'k" Pf*ftwu eda la vu pfv6a ,* The Cfty of SmW John NZ pa et av vend pas oa list de o imb Teo ft hdbaszdian £omBic fins d6msitea d4lomm Voftgizqa s w oo lxmuWm MPAMOfA vukc Sdacdwdm i cc quo The City of Slhd Jahn wpm I *tea qA y wt oomtasao. Si vow wu des queafam e$ pmpos & *aft dam, I&Wduz pas 6 wn,poser to 652 -1967 an It a to btmau du i avocatm 81 anW 658-2860. 257 AFFIDAVIT OF CORPORATE EXECUTION PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, SANG HYUCK KWAK, of Quispamsis, in the County of Kings, in the Province of New Brunswick, MAKE OATH AND SAY:- 1. That I am the President of 670486 MB INC. a duly incorporated company, and have a personal knowledge of the matters and things herein deposed to and have authority to make this affidavit on behalf of the borrower. 2. That the President is the authorized signing officer to execute the annexed instrument. 3. That the signature of SANG HYUCK KWAK is in the proper handwriting of me, this deponent, as President of the borrower. 4. The 670486 NB INC., has no corporate seal. SWORN TO at the City of Saint John, in the County of Saint John, in the Province of New Brunswick, this 5th day of July, 2013. BEFORE MF A COMMISSIONS BB SOLIC 258 J-09% -1 - SANG HYUCK KWAK ! � .LI {N . --� July 25, 2013 Deputy Mayor Shelley Rinehart and Members of Common Council RE: Signage Backaround On July 23, 2013, we met with the Chairman of the Saint John Real Estate Board. During that meeting, he presented us with the correspondence attached hereto and dated June 5, 2013, outlining serious concerns from the largest real estate companies in Saint John. The concerns expressed are illustrated in photos attached to the correspondence. Motion The City Manager, in consultation with the staff he deems most appropriate, provide advice as to the current by -law with regard to the regulation of the signs described by the enclosed correspondence and recommendations with regard to the enforcement of the same and directions, if necessary, to the appropriate staff to commence enforcement activities immediately. Yours very truly, Mel K. Norton Mayor City of Saint John 6P - - - SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L7 I www.saintjohn.ca C.P. 1971 Saint John, N.-B. Canada E2L 4L1 259 cs Pi, I Y9 Professiansls UintJohn Inc. I OXIT REALTY SPECIALISTS His Worship Mel Norton, Mayor of Saint John City of Saint John 15 Market Square PO Box 1971 Saint John, NB EU 4L1 June 5, 2013 Dear Mayor Norton, �IMA111111IIIIIIIII KNAL LEPAGE ��t, IIIAA1iI!'Illlllllll L� /G�J�Y4Lr O O B E Y O N D Grmv,. RIVER VALLEY REAL ESTATE, INC. The purpose of this letter is to share our collective concerns about real estate signage and by -laws pertaining to signage in Saint John. As you may have noticed, the City of Saint John is becoming overburdened with signage on corners where low- traffic streets -- such as entrances to subdivisions or roads that lead to residential areas -- intersect with heavy - traffic streets. It is not uncommon to see four -to- six real estate "directional" signs on a single corner, pointing to houses for sale nearby. These directional signs are full size (18" x 30 "); they are the same as those used on vendors' front lawns, and include names and contact information for the real estate salesperson, private -sale company, or for - sale -by- owner. We have recently begun to notice signs being placed that aren't even directional at all: salespeople and companies are now adding them to the mix simply for advertising purposes. This flood of signage poses a number of concerns, primary among which is safety, due to decreased visibility and sight lines for drivers. Pedestrians and oncoming traffic passing vehicles on these corners are at increased risk of serious and potentially fatal accidents. On a far less urgent but important note, we also believe that the signs are unattractive and cast the City of Saint John and its neighbourhoods in a negative light. To visitors and potential investors, it likely appears that the entire city is for sale. To locals, it is a depressing negative exaggeration of our housing market, and therefore our local economy. All in all, we believe it is counter - productive for a City striving to promote investment and civic pride through its newly - launched True Growth 2.0 initiative. As managers of the largest real estate companies in the City, and with the support of our local Real Estate Board, we would like to play an active role in working with the City of Saint John to correct this problem as soon as possible. To the best of our knowledge, there are bylaws on the City books that restrict signage within the City, but for some reason, they appear not to have been enforced for some time. Page 1 of 2 e] We respectfully ask that you consider a review of the present bylaws and to give some consideration to working with the Saint John Real Estate Board to enforce these bylaws. We, as managers, are absolutely willing to step up and communicate with our salespeople to remove the signage, and we feel this task would be considerably easier if the bylaws are enforced systematically across all companies and salespeople, and further extended to include pnvate -sale companies and far - sale -by -owner signage. As we understand it Rothesay, Quispamsis, and Grand Bay have signage bylaws in place that are regularly enforced. The result is that the signage problems in Saint John do not exist in the outlying municipalities. There is a reasonable leniency granted on Sundays, however, for temporary open -house signage. It seems to work very effectively. Thank you in advance for taking the time to consider this growing problem in the City of Saint john. We look forward to the possibility of working to support the City and the Saint John Real Estate Board with any action you may take to correct it Respectfully, Gordon Breau, RE /MAX Manager Barry MacDonald, Exit Manager Scott Darling, Royal Lepage Manager Nancy Thorne, Century 21 Manager cc: Saint John Real Estate Board 261 Page 2 of 2 262 City of Saint John real estate signage proliferation, June 2013 FORT TO COMMIGN COUNCIL M & C #2013 -166 July 24, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Stop -up and Closure and Subsequent Sale of Vimy and Freedom Courts BACKGROUND: i City of Saint John The Province of New Brunswick is in the process of conveying a 1.2 hectare (3 acre) parcel of land located east of Churchill Boulevard and south of Somerset Street to Elias Management Group Inc. The Elias Group proposes to develop a seniors multi -unit residential building on the site with possible future buildings as well. Elias has received approval from the Planning Advisory Committee for its development proposal. In order for this development to proceed, Elias Group required two City streets, Vimy and Freedom Courts to be stopped -up and closed and conveyed which are to form part of their site (see attached plan). On June 18, 2012 Common Council held the Public Hearings for the consideration of the street closures for both Vimy and Freedom Courts and gave 1" and 2 °d Reading to the street closure for Vimy Court but withheld giving any Readings for Freedom Court as per recommendation from staff (M & C #2012- 145). The purpose for this was to allow Real Estate Services to continue to negotiate with the Elias Group for the possible sale of the two aforementioned streets which would be incorporated into their development, while at the same time ensure continued access from Churchill Boulevard to a large parcel of City owned property, identified as PID #'s 411876 and 371948 (see attached map) to the rear. ANALYSIS: City staff has negotiated with Elias Group/Province the need to further extend Freedom Court to the rear of the Provincial property which abuts the City owned land. Agreement has been reached between the parties that would realign and reconstruct Freedom Court, along with the municipal infrastructure contained within it to the rear property boundary adjoining the City land. 263 Closure of Vimy and Freedom Courts - 2 - August 12, 2013 As part of its approved 2013 General Capital Budget, the City has committed up to a maximum of $100,000.00 towards the cost of re- aligning and reconstructing Freedom Court with Elias/Province contributing no less than $120,000.00 towards the reconstruction of Freedom Court. City staff is in the process of preparing a Purchase and Sale Agreement for the sale of the "to be" closed streets of Vimy and Freedom Courts, should they be stopped -up and closed along with the cost sharing as noted above. In addition, a proposed subdivision plan for the vesting of a "new" realigned Freedom Court is currently being reviewed by Planning staff and will be considered by the Planning Advisory Committee at its August 20, 2013 meeting. The recommendation contained in this report is to advise Council, should it wish to do so, to proceed with giving First and Second Reading to the street closure for Freedom Court with Third Reading to proceed at its next available meeting. The Common Clerk's office has been advised to proceed with the consideration of providing Third Reading for the closure of Vimy Court. RECOMMENDATION: That Common Council give First and Second Reading to an amendment to the Street Closing By -law, which will stop -up and close Freedom Court in its entirety, as shown on a Plan of Survey, prepared by Hughes Surveys & Consultants Inc., dated March 16, 2012. Respectfully submitted, Curtis Langille, A Real Estate Officer Gr Yeom s, CGA, MBA Commissioner Finance and Administrative Services Attachments CL /c 264 Z; Brian Irving, BBA Manager Real Es e Patrick Woods, CGA City Manager Printed: 05/02/12 10:48:27 AM Scale: 1-.5,000.00 0004607 Street Closure: Vimy and Freedom V6W Ir Ick. IZ, A N (13 0,001% 165 100 + f.. wygfi ? ore Cour P.../N.I.D. 95160410 ~ `' I see /�rolr Mon No, 13193738 02- 2 —v1 _ New Brunswick Housing + Corporation Property I Propridtd Socfdtd drhabftatlon 1 du Nouveau— Brubswick i 4 Doc. 15199624 Reg./Eng. 2002 -10 -16 I i ) j 1 1 ill l / �• .�GCJt(��'� l �. ata c L It ewl�'P0•Q�R� / 0 4 1/ ILegend /Ldgende sea. �• -- sees �mipN°'wwge. wa,. q pe,•M°e..• d4 /ix. ,o„10dea aeu,f.eln..0 - ..lausa surfs Iy,hw Plfeel/Bfm. Iana,l W1 uri pm/r ... Ni. all L!-0aYMe Mru /Mwwinnt lu A•ee, Ofw�.a•• Ad- r[ePwy tYw/ L1rd d. Pe.ae13 elJawN. MYE d-trA,ey ra•1/P,ad m.ramni tm,di _ 14fi4 aa•mnl/Snth,r d• wrflr sMn PI. 'd.eV Y.rbr rburd/w.na Ca[per,hp uiR,mr es•w� 141 Fs,M/ry.0 1neeY f♦ _.. Sgwa frvn M f4,e,{/Iipe b fr w•�w trans. lrernr a•nb.l PdnfrVdn d. e,nbela ar plwnbwrr,l nn. Ch. /Ca. -4.79 Ch. A2, 10o. Ar. -43• New Brunswick Grid des coordonndes adat 1557 2 533 CM779 1559 2 533 }06.929 1559 2 S33 105.743 1560 2 533 110.174 1561 2 533 110.019 1562 2 533 129.541 1583 2 533 129.2D7 1564 2 533 131.124 3610 2 533 069.215 3862 2 533 326.872 3663 2533 373,517 3583 2 S32 655.089 20116 2 533 159.817 281W 2 S35 354.190 �yy 6� P.W. /N.I.D. o0411un City of Saint Jol Property Propri4t6 Ville de S4 fY 711"„ 5318,53 0 NC- •1x.07 //' Ch/C . -12.13 dirnY o c r +� 8 P.I.D./K,1.0. 55160428 ~ see /.olr Plan No. 151337!6 n 02 -02 ¢ New Brunswick Housing Plan 15153736 Corporation Property ? CD y Propridtd Socidtd d'habitation 0 { du Nouveau— Brubswick n 4 0x. 15198426 Ft"./Eq. 2002 -10 -16 1 ) Le oA.natiora cant 4r eylhnrb du 356 qIodv kw du N.0_ ddAvda d'obewvatbne dal manumnd. 3092, 3B6l. 3883, 2D719 et ' Q 1 Freedom Court a Public Street i Cour Freedom une rue publfqu Ch. /Ca. -4.79 Ch. A2, 10o. Ar. -43• New Brunswick Grid des coordonndes adat 1557 2 533 CM779 1559 2 533 }06.929 1559 2 S33 105.743 1560 2 533 110.174 1561 2 533 110.019 1562 2 533 129.541 1583 2 533 129.2D7 1564 2 533 131.124 3610 2 533 069.215 3862 2 533 326.872 3663 2533 373,517 3583 2 S32 655.089 20116 2 533 159.817 281W 2 S35 354.190 �yy 6� P.W. /N.I.D. o0411un City of Saint Jol Property Propri4t6 Ville de S4 fY 711"„ 5318,53 0 NC- •1x.07 //' Ch/C . -12.13 w yam, •c=/'•h- Lh A .. A:. -I Sr 42' 00• +� 8 + `I ' II }I o p e otn F 7 365 O0e.a56 7 365 002.788 :�ge9 ea sea aE +a Gaut ob Qa1�t��vtl Plan 15153736 B 7 364 9221 98 7 3B4 81&097 Plan 15133778 K6. K n./Mon. Y.3 I / l Co- Ordinate Values dques du Nouveau - Brunswick T I ltmks, 7 364 677.427 7 384 998.Bt8 Plan 15153738 Plan 15153738 7 365 too 7 385 004.786 Pan 16153738 R6� •��4` 7 365 004.865 7 365 009.277 C.r Plan 151S37J9 7 365 O0e.a56 7 365 002.788 Plan 15157739 = 7 384 987.009 Plan 15153736 B 7 364 9221 98 7 3B4 81&097 Plan 15133778 K6. K n./Mon. Y.3 C a 7 364 439.!121 7 364 746.135 KB. 1fon./Yan. Ng N31. Yon. /Nr. N9 r 7 355 565.1175 NA MonJMon. NB 7 83 166.699 N.B. Mon.. /Men. NS N0. 1'2$90 9 � Scale Factor app6.d/F t.ur ddchalle combines uua.d 1.000031 A G I 705� Tap. Mal 51a"' �- yf1►- �� 7 365 too �/ y R6� •��4` _I R [<ey Pian /Carte de rEfdrence nene/se.w 1 ; 15,006 Registration Data /Information d'enregistrement sw /wtr F9e /d...I. 26 no. 31 In int John N Notes 1 ) Diractfanf a . N. 8. Orld a.lmuths drtved tram ob—bow an N. B. Non's. 3592. 3563. 3963, 20116 and 20160 . (MAOe3 MRS HPN V.I—) 1 ) Le oA.natiora cant 4r eylhnrb du 356 qIodv kw du N.0_ ddAvda d'obewvatbne dal manumnd. 3092, 3B6l. 3883, 2D719 et 2.9150 .(NAM3 CSIS Valeun RHP) 2) MI dbtanor an a metro . to c.med to InPW%I e4uh1161t. dhAde by 0.3045 . 2) L. dldonohm font w mbtns, ZMM dMssr Ib yalaln mdMquw par 0.3045 pwr ohtrir 1'60k .la— -pddaY , 3) Ana N .al.wy w Ofn.d thus 9�p psdphwal yfwmcrgn oamPOW from dou. wu—. . 3) La 70.I,on arpanbi sel monuda Ir,rt w� I'iMannatlan Pirbadrinq. rul oPmp36a d. da1m.r .dura.. . 4) AN document and pan nrer —rear to Ragl.try affix far Soot Jam aunty , 7 3659e13 d 4) W rdtdnnw. I.s document• et dw Plan. hont du 0.- 8) AN oomPuaO.w per/.rm.d and morSr,alw who.n an fay pa� acrd rl.w Brin.wlak St— Onpr11e Double Pn'.ctbn d th. NADD3SCSR5� a6pwid m nalhw by StirWat New IirunewieY Wph Pntltl fan elwork ewrdlaot. curvy monumeerb . 8) Lr cabals rt yt weroanniw mantra our w Pan want lxwb sur a pre1ec11on -- . dauMe du Nouveau- 9ru,4nrlek e! rdllptele N.Out- g gum dsternt- d par lac cooNOmrn• RJrcu -1 H.uy Prdasi9n air I• de SerNa.. Ndwwau- Snmwlek . Plan Of Survey Plan d Arpentage Showing Freedom Court , Montront Cour Freedom , City of Saint John , Ville de Saint John , Saint John County . Brunswick , Comtb de Saint John . . B 7 364 Sao 9 817018$$ opt9I7I•iAN7'$ INC. ArysM6 per A�-�� 15 wmn 2012 p J John E CONin / 353 Data Nfw Brar[awk 10 a Suryya r /Arpan10 - gdomi4. du Nouymt- 1ur,swiek 20 30 40 1:500 0 D DM W /W lr or n./w.. SIp';o0794 aw � B.S.M. P IZO BY -LAW NUMBER M -23 ARRETE No M -23 A BY -LAW TO AMEND ARRETE MODIFIANT A BY -LAW RESPECTING THE L'ARRETE SUR L'INTERRUPTION DE STOPPING UP AND CLOSING OF LA CIRCULATION ET LA FERMETURE HIGHWAYS IN THE CITY OF SAINT DES ROUTES DANS THE CITY OF JOHN SAINT JOHN Be it enacted by the Common Council of Lors d'une r6union du conseil communal, The City of Saint John as follows: The City of Saint John a d6cr&6 ce qui suit: 1 A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 230 immediately after Section 229 thereof, as follows: 230 The City of Saint John does hereby stop up and close permanently the following highway: FREEDOM COURT: in its entirety, a public street in the City of Saint John in the County of Saint John and Province of New Brunswick, as shown on a Plan of Survey titled, "Plan of Survey Showing Freedom Court, City of Saint John, Saint John County, New Brunswick ", prepared by Hughes Surveys & Consultants Inc. and dated March 16, 2012 attached hereto IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Sea] of the said City to be affixed to this by -law- the day of , A.D. 2013 and signed by: 1 Par les prdsentes, 1'arret6 de The City of Saint John intituld, «L'arretd sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John », d6cr&6 le 19 decembre 2005, est modifi6 par l'ajout de ]'article 230 immddiatement apres Particle 229, comme suit: 230 Par les prdsentes, The City of Saint John barre et ferme de fagon permanente ]a route suivante : COUR FREEDOM : L'int6gralit6 d'une rue publique dans The City of Saint John, comtd de Saint John, dans la province du Nouveau - Brunswick, comme le montre le plan d'arpentage intituld « Plan d'arpentage indiquant la cour Freedom, City of Saint John, comt6 de Saint John, Nouveau - Brunswick », pr6pard par Hughes Surveys & Consultants Inc. et date du 16 mars 2012, ci joint. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arr6t6 le 2013, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading- Deuxieme lecture — Third Reading - Troisi6me lecture - 267 7 65 100 to i Propriete Societe d habitation ( du Nouveau — Brubswick i Doc. 15199624 R9./Eng. 2002 -10 -18 I 1 I I l i �.� CIO I t) i QGp JQ Qrj /. VL .D I 11 '1 1�' CpUff� j court �rou More ore 5 (O \._ co P.I.O. /N.I.D. 55160420 Y seaMir Plan No. 15153730 O .� Q New Brunswick Housing P.I.D. /N.I.D, °5160410 sae /yalr Pion No. 15153738 Corporation Property 02 -01 �s-o9p New Brunswick Housing Corporation Property 1 i Propriete Societe d habitation ( du Nouveau — Brubswick i Doc. 15199624 R9./Eng. 2002 -10 -18 I 1 I I l i �.� CIO I t) i QGp JQ Qrj /. VL .D I 11 '1 1�' CpUff� j New Liste des �rou :7 o (O \._ Sla. P.I.O. /N.I.D. 55160420 Y seaMir Plan No. 15153730 O 02 -02 Q New Brunswick Housing Plan 15153738 Corporation Property Tp ` Propridtd Socidtd d'habitation C O ` du Nouveau — Brubswick 7 N ` Doc. 15119426 R g!Fng. 2002 -1a -16 i 5 ' ='e 7 365 100 A % 9 �. �Rlegr'A nt P.I.D. /N.1.9. 00 11 1876 City of Saint John Property Propridtd Ville de Saint John 0. FFr�' edom Court a Public $ }rest l ur Freedom une rue publique� 685 m2 Rad. /Ray.-3.313 111 Arc -5,32 eel tat , Ch. /Co. -4.79 C8' 12' 30' Rad. /Roy. -6.10 Ch. Az./C-. Az 41,T 12' 20' y Ara -17.87 18.53 Lh. /C,, -12.1' sa •'�a.G Ch. AzJC, Az. -i8T 42' r3° p 365 j100 lets I !al FG ae1 6'',9Eflap� dpR� ee Ftee ,o •E .a 4 Ci Po1pon i t8_1 / New Liste des Brunswick Grid coordonndes gdoddsiques Co— Ordinate du Nouveau— Valued Brunswic Sla. 1f Y Rmka. 1 1557 2 533 090.779 7 384 977.427 Plan 15153738 ILegend /Ldgende 155a 2 5!3 108.929 7 364 996.818 Pion 15153738 15.x:9 2 533 106.743 7 365 004.799 Plon 1315]73. 1560 2 533 110.124 7 365 004.895 C.C. 1531 2 533 110.019 7 363 008.277 Pion 15153738 uB�y wln/Pol -, ktdre / FII 'row 1562 2 3333 128.941 7 365 008.856 Plan 15153738 • ._...........__• Rauh Inn B.r P9M/m� de fer nMe bonnie e _......._.. Cekulatad ca- Oraner. po'�nt/Deln1 ee er.,m..tr .m,uKr. 1563 1564 2 533 129.207 2 533 131.124 7 365 002.7'.6 7 364 1'17.009 C.C. Pion 1515373H ® - _.__........ sMMaM si...r w,r. q.c.a/aan,. a'upaaeps uAromr crew ♦ __._........... Ne. add re- ranee, tdruned/Nenunerd eu Me= 91.ddsNu. du NA 1 w/ UmAe de rve 3610 38162 2 533 089.215 2 533 329.872 7 364 990.221 7 364 814.097 Plan 151537M N.B. Mon. /Man. Re sdjevn D.a.b une/ tAN a. Papdeej aeprm. 38633 3883 2 5..3 373.817 2 5_2 M5. 69 7 3384 439.821 7 364 71!1.135 N.B. Mon./klan. N8 N.B. Non. /Man: Me Q ••• " -• ........ Tabukd d .- OrdnNe PdIM/Dalnt - rd tabuld 20115 2 533 189.617 7 365 366.875 N.B. IAOn./M an. NB - _ _ _ .............. 1116011 tas.nrl/aenaue, b M. • sbed.,e S-er Maker Faved/9.me 28180 2 '35 354.190 7 363 186.696 N.B. Man 13 NB ......_. d'ereenkge ueneee. bevde. 0 .............__..... Iron ne/r,awe oeuw . , o hiekrA. ............. . Sduen Mn Bol Faend/llee de ea . d 4 � .................. Trorene hntrel Padt /FdH 4• wnb•. b cMn.�.enl G 268 ran. .- ._........_ FeaMa66s /Nii ieSen Style Factor applled/Facteur d'dcheue aombinA, utilis6 1.ODO031 Key Plan /Corte de rdidrence eenene /role 1 If Registration Data /Information d'enregistrement an /voir Flr /d ... 1.r C6 m. 31 1 ) Oir_cti -.na a N. B. Grid azimuths derived from ak- -tionr on N. B Non's. M12. 3163, 388:, 20116 and 2816o . (RADII CSRS HPN Value.) 1 ) Loa orientation. wnt des azimut. du :ysteme 9d- desique du N.B. dbriv4, d'o1aarvati -I dos monurn -1. 3862, 38E3, 38x.3, 20116 at 2d1EO .(NAD83 CSRS Val,un RHP) 2) All ellstancea are in metea , to convert I•. imrerlal equNaknte dNide by 0.3D48 . 2) Les distances east an mbtns, y WW dicser lea voleun mrk iqu.e par 0.3040 pour cMegir I'eluiuolsnce imperials . 3) Arta of survey au0ined lhn o-� .peripheral informotien complied from •"i ue .ourcee . .') La Peplos arpentef est montrle ainai a -e , I'informa6on periphedqua fut eompilE: de diverse, sources . 4) All dccument and plan references refer to Registry Orrice ft _uint John CL-ty . 4) L n refem :e' des d' - nnent. at des plans ar it dv B•Ireau d'enregiv<rememnt du . M16 de "lint Jahn 5 )Feld survey coplwted on Nay 16, 2010 5) L'orpentage sur it ahontter Mt rompl4le le 18 moi 2010 6) ..II computations performed and coordinates shown a, this plan am based on New Brunswick _tareogra, nle Double Projection and the hIttV SRS) Ellipsoid as realized by Service New Blunseick High Precision Network coordinate survey monument. . fi ) Lee CDla t!s at 1!9 eoordanne,9 montrA gar ee plan bon[ bar %9 9'Ir r.jeetian t:nlaq pnique douse du Nouvepu- Brunswick at I'eliipsnde NAne3(csAS) teller que determine par lee cnordonn -%,e Rraeau de Haute Prdciai.tn des monumenla de Service. No-r 13runwelck . Plan Of Survey /Plan d'Arpentage Showing Freedom Court , Montrant Cour Freedom , City of Saint John , Ville de Saint John , Saint John County , Brunswick . Comte de Saint Jon , Nouveau— Brunswick Certified Correct /Cnrtifle LJM.t Ht7GH6s CO /ySULTANTS INC- 7 364 900 surveyed try/ / Mar. 16, re 2012 0192rgo I6 mar. 2012 Jahn E. Calvin / 353 Date New Brun:wie�d Surve or /Arpenleur- geomktrw du Nouveau- 8nnawkk 6 to 20 30 4o :500 meta. Dag. ft, W.. se... pM No./NO. draueW topes alsk Ne. /NO d,auee, 5120:8♦ .01 1410151 010 o.n. b, o. Der on x e,,w ester IT- T: Mo. de m We, W�. As -1. BY -LAW NUMBER M -23 A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN ARRETE No M -23 ARRETE MODIFIANT VARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors d'une reunion du conseil communal, The City of Saint John as follows: The City of Saint John a decr&6 ce qui suit: I A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 231 immediately after Section 230 thereof, as follows: 231 The City of Saint John does hereby stop up and close permanently the following highway: VIMY COURT: in its entirety, a public street in the City of Saint John in the County of Saint John and Province of New Brunswick, as shown on a Plan of Survey titled, "Plan of Survey Showing Vimy Court, City of Saint John, Saint John County, New Brunswick ", prepared by Hughes Surveys & Consultants Inc. and dated March 16, 2012 attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of , A.D. 2013 and signed by: 1 Par les pr6sentes, Farret6 de The City of Saint John intitu16, «L'arret6 sur Finterruption de la circulation et la fermeture des routes dans The City of Saint John », decrete le 19 d6cembre 2005, est modifi6 par Pajout de Particle 231 imm6diatement apres Particle 230, comme suit : 231 Par les pr6sentes, The City of Saint John bane et ferme de fagon permanente la route suivante : COUR VIMY : L'int6gralM d'une rue publique dans The City of Saint John, comt6 de Saint John, dans la province du Nouveau - Brunswick, comme le montre le plan d'arpentage intitul6 « Plan d'arpentage indiquant la cour Vimy, City of Saint John, comt6 de Saint John, Nouveau - Brunswick », prdpar6 par Hughes Surveys & Consultants Inc. et date du 16 mars 2012, ci- j oint. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2013, avec les signatures suivantes : Mayor/Maire Common C1erk/Greffier communal First Reading - June 18, 2012 Premiere lecture le 18 juin 2012 Second Reading- June 18, 2012 Deuxieme lecture - le 18 juin 2012 Third Reading - Troisieme lecture - 269 Ix ` $55 1 D J` I r/ C oof 1 55160410 aae /voir Plan No. 15153738 02-01 New Brunswick Housing 7_ Corporation Property Propridtd Soci€t6 d'habitation du Nouveau — Brubswick 1 ooa 15191.24 Reg./Eng. 2002 -10 -16 1 1114444`` I I I it I / 4 ry�C�p pr`Atp /" /d to I V\ dl l / / I. i uo L g n co 7 O C C ? I P 0. n co ? O 0 CL Vrt Pubic Steet Cou uunne/ r/u�e�publique 654 m! }� Rad. /Ray. -12.19 Are -63.84 Ch. /Co. -12.19 Ch. /C:. Az. -16C 37' S0' 5516042: see /voir Plan No. 151 °3738 02 -02 New Brunswick Housing Corporation Property Propridtd Socidtd d'habitation du Nouveau — Brubswick PJa. 15199426 Reg./Ehg. 2002 -10 -16 z ref I4tn� 4p �ra� tip "r'•: �': Key Plan /Corte de rdfdrence Echelle/Ccale 1 : 15,000 I Registration Data /Information d'enregistrement P.I.Djll.I "D. 0041 IJ76 see /voir FlM /dossier Z6 n . 31 City of Saint John Property Propridtd Ville de Saint John Notes i + '_0 Lr O / �UOC Cee O/ . B yy�0 �iOJC / Pplt atA�141 / �elgt ?. P• RIB ��/ / a e i t / 1 4 / / New Brunswick Grid Co— Ordinote Values 5 / Lsst des coordonndes geaddeiques du Nouveau — Brunswick % Y Rmke. l � / iLegend /Ldgende -- _.._. p d%* law/ Ilan. de nrW. RYdm Pdr / uOd w1n/rbteau hyAo / ry Coon • :. " "'.:'wane ben aer Fw,a/rtyye es iw ,°nee bawr O _.._...... -_ fYkWaWd Ce- ardlriod PoMt/Pe...! M coerdmnaea adoWfr ........... ® __- .:......_.," sts.dsd s+ve' Yedir Plae.d/Bome e'aryentege ure/erina p1eoM ♦ ...._.,........ X.B. CM m�rdlnale No,wment/MOnunrrA du ,dsw q[od(riq� du N.S. — .��....�.. 61net Law/ 11Wla d.. Ae sow PraPedy Lbw/ IfmXe de inabrlels od)—W r or&-W mwr.Ml . rdwri tabuµ .............. uaMy �I.. VS"Wde de o-1- • .._....,.......__ Sbndard sung Warner rrn-0— d'arpa,degs unremw trwwea O.T.� «...,....... bon wive Fwnd/TU .eau,: ■ ........._. "........ Souare ben Bar Feural/1lae de /er ear:. uaavee • ...................... Tnr - pontes PahVP.ml de m�lrtle dW rhwnlnan.nt Fdn. _................ F-rnou o /FOaeasn 001 2 533 081.063 7 355 W 935 Call. Pt./% talc. 1546 2 533 (97.328 7 365 060..°30 Plan 15153738 1047 2 533 094.509 7 385 072.391 Plan 15153730 1548 2 533 106 "191 7 365 o68. ^o1 Cc. 1574 2 533 081 "095 7 365 056.673 Pion 15153738 3611 2 533 078.656 7 355 063.6..'3 Plan 15153739 3862 2 533 329,72 7 364 014.097 N.B. W n./Mdn. NB 3003 2 533 373.517 7 364 439 "021 N.B. Mon. /Mon. No 3883 2 53" 655,009 7 384 746.135 N.B. Mon. /Mon. No 20116 2 533 189.517 7 365 566.875 N.B. Mon. /Mon. NB 281 C3 2 535 354.190 7 363 150.616 N.B. Mon, /Mon, NB 1 1 1 270 Scale Factor applied/Facteur d'[ :halle combine, u06ee 1.000031 7 364 900 n 1 ) Directions are N. B. Grid aalmulha der)yed from obe:.w+tion on N. 8 Mona, 3962, 3883, 3883, 20116 and -.d fro' . (UD83 CSRS HPN Values) i ) Les aria tatiorw o.X d•s aOrnut. du ..v- ':'+me 'odriique du N.B. ddrtvee d'obsemlions des monuments „832, 3863, 3(.63. 20116 et 281 Cn .(µA083 CSRS Valour• RHP) 2) All diatanaes are In metres , to cork-ft to imperiol znul-ionts dt Je b, 0,3048 . 2 i Les dr!tancea font an metres, Vouillez dvtaar Is oleurs mdtdqu•s par 0.304E pour ob'unir I'equivalance imped le . 3) Ar.o of gm outlined thus 9 , pad!hewl Infcotion :,mpiled from � m ladou. sources . 3) La regi.- .,. tee ant montre oinsl e> I'inf-rmutian pedph,rigve fut mPU1 de al! mace -- . 4) NI document and plan references rater to Rc3letry Vic. for Saint John Count/ . 4) Lea references des documents t do, plans a•.nt du Bureau d'enrogielrement du camle de _3lnt Jahn 5 F Id survey completed on kiay 16, 1010 . 5) L'arpentage sur Is changer lot completf is 18 mat 2010 6) All c mputallone perf_mad and caordinatee shown on this ,Jon am t Isa,1 on New Brunswick Clere"Mph6: Double Pnl'actian and the NM53(Zllq) Ellipsoid as molized by Service New Brunswick High Pre ^ciao Network coordinate survey monuments . 6) Lee calculs et lea wordonrleee montris our ce plan sont ban. +s sur la pro)ee6on fereograpl.:gue tlouhle du Nluveav- Brunewick el rdlllpstale NA083(CLAS) teees qua determineSa par I, c +ordonnees Rescru de Haul. Pr&;Ieian des monumentl de suites Nall—.- Brunswick Plan Of Survey /Plan d'Arpentagl Showing Vimy Court Montrant Cour Vimy , City of Saint John , Ville de Saint John , Saint John County , Brunswick . Comtd de Saint Jon , Nouveau— Brunswick Certified C—t /Cer68e c --t HUGHES U 4c CO T9VLTANTS SNC" Su -;,.J try/ Mar. 73, 2012 A, -N par 1L more )12 John E. Calvin / 353 onto New Bruna:dck nd Surveyor /Arpanhur- gdombtre du 14 wean- emn;wick 10 a 10 20 30 40 1:500 •. Par ob Na /No. tlgaler e.S.M, Y12078 o: d, 7 365 100 t t? k.OW R4VLZ✓1 J i RegIM �a E � K K _`'j;� f Vol i + '_0 Lr O / �UOC Cee O/ . B yy�0 �iOJC / Pplt atA�141 / �elgt ?. P• RIB ��/ / a e i t / 1 4 / / New Brunswick Grid Co— Ordinote Values 5 / Lsst des coordonndes geaddeiques du Nouveau — Brunswick % Y Rmke. l � / iLegend /Ldgende -- _.._. p d%* law/ Ilan. de nrW. RYdm Pdr / uOd w1n/rbteau hyAo / ry Coon • :. " "'.:'wane ben aer Fw,a/rtyye es iw ,°nee bawr O _.._...... -_ fYkWaWd Ce- ardlriod PoMt/Pe...! M coerdmnaea adoWfr ........... ® __- .:......_.," sts.dsd s+ve' Yedir Plae.d/Bome e'aryentege ure/erina p1eoM ♦ ...._.,........ X.B. CM m�rdlnale No,wment/MOnunrrA du ,dsw q[od(riq� du N.S. — .��....�.. 61net Law/ 11Wla d.. Ae sow PraPedy Lbw/ IfmXe de inabrlels od)—W r or&-W mwr.Ml . rdwri tabuµ .............. uaMy �I.. VS"Wde de o-1- • .._....,.......__ Sbndard sung Warner rrn-0— d'arpa,degs unremw trwwea O.T.� «...,....... bon wive Fwnd/TU .eau,: ■ ........._. "........ Souare ben Bar Feural/1lae de /er ear:. uaavee • ...................... Tnr - pontes PahVP.ml de m�lrtle dW rhwnlnan.nt Fdn. _................ F-rnou o /FOaeasn 001 2 533 081.063 7 355 W 935 Call. Pt./% talc. 1546 2 533 (97.328 7 365 060..°30 Plan 15153738 1047 2 533 094.509 7 385 072.391 Plan 15153730 1548 2 533 106 "191 7 365 o68. ^o1 Cc. 1574 2 533 081 "095 7 365 056.673 Pion 15153738 3611 2 533 078.656 7 355 063.6..'3 Plan 15153739 3862 2 533 329,72 7 364 014.097 N.B. W n./Mdn. NB 3003 2 533 373.517 7 364 439 "021 N.B. Mon. /Mon. No 3883 2 53" 655,009 7 384 746.135 N.B. Mon. /Mon. No 20116 2 533 189.517 7 365 566.875 N.B. Mon. /Mon. NB 281 C3 2 535 354.190 7 363 150.616 N.B. Mon, /Mon, NB 1 1 1 270 Scale Factor applied/Facteur d'[ :halle combine, u06ee 1.000031 7 364 900 n 1 ) Directions are N. B. Grid aalmulha der)yed from obe:.w+tion on N. 8 Mona, 3962, 3883, 3883, 20116 and -.d fro' . (UD83 CSRS HPN Values) i ) Les aria tatiorw o.X d•s aOrnut. du ..v- ':'+me 'odriique du N.B. ddrtvee d'obsemlions des monuments „832, 3863, 3(.63. 20116 et 281 Cn .(µA083 CSRS Valour• RHP) 2) All diatanaes are In metres , to cork-ft to imperiol znul-ionts dt Je b, 0,3048 . 2 i Les dr!tancea font an metres, Vouillez dvtaar Is oleurs mdtdqu•s par 0.304E pour ob'unir I'equivalance imped le . 3) Ar.o of gm outlined thus 9 , pad!hewl Infcotion :,mpiled from � m ladou. sources . 3) La regi.- .,. tee ant montre oinsl e> I'inf-rmutian pedph,rigve fut mPU1 de al! mace -- . 4) NI document and plan references rater to Rc3letry Vic. for Saint John Count/ . 4) Lea references des documents t do, plans a•.nt du Bureau d'enrogielrement du camle de _3lnt Jahn 5 F Id survey completed on kiay 16, 1010 . 5) L'arpentage sur Is changer lot completf is 18 mat 2010 6) All c mputallone perf_mad and caordinatee shown on this ,Jon am t Isa,1 on New Brunswick Clere"Mph6: Double Pnl'actian and the NM53(Zllq) Ellipsoid as molized by Service New Brunswick High Pre ^ciao Network coordinate survey monuments . 6) Lee calculs et lea wordonrleee montris our ce plan sont ban. +s sur la pro)ee6on fereograpl.:gue tlouhle du Nluveav- Brunewick el rdlllpstale NA083(CLAS) teees qua determineSa par I, c +ordonnees Rescru de Haul. Pr&;Ieian des monumentl de suites Nall—.- Brunswick Plan Of Survey /Plan d'Arpentagl Showing Vimy Court Montrant Cour Vimy , City of Saint John , Ville de Saint John , Saint John County , Brunswick . Comtd de Saint Jon , Nouveau— Brunswick Certified C—t /Cer68e c --t HUGHES U 4c CO T9VLTANTS SNC" Su -;,.J try/ Mar. 73, 2012 A, -N par 1L more )12 John E. Calvin / 353 onto New Bruna:dck nd Surveyor /Arpanhur- gdombtre du 14 wean- emn;wick 10 a 10 20 30 40 1:500 •. Par ob Na /No. tlgaler e.S.M, Y12078 o: d, 1 1 1 270 Scale Factor applied/Facteur d'[ :halle combine, u06ee 1.000031 7 364 900 n 1 ) Directions are N. B. Grid aalmulha der)yed from obe:.w+tion on N. 8 Mona, 3962, 3883, 3883, 20116 and -.d fro' . (UD83 CSRS HPN Values) i ) Les aria tatiorw o.X d•s aOrnut. du ..v- ':'+me 'odriique du N.B. ddrtvee d'obsemlions des monuments „832, 3863, 3(.63. 20116 et 281 Cn .(µA083 CSRS Valour• RHP) 2) All diatanaes are In metres , to cork-ft to imperiol znul-ionts dt Je b, 0,3048 . 2 i Les dr!tancea font an metres, Vouillez dvtaar Is oleurs mdtdqu•s par 0.304E pour ob'unir I'equivalance imped le . 3) Ar.o of gm outlined thus 9 , pad!hewl Infcotion :,mpiled from � m ladou. sources . 3) La regi.- .,. tee ant montre oinsl e> I'inf-rmutian pedph,rigve fut mPU1 de al! mace -- . 4) NI document and plan references rater to Rc3letry Vic. for Saint John Count/ . 4) Lea references des documents t do, plans a•.nt du Bureau d'enrogielrement du camle de _3lnt Jahn 5 F Id survey completed on kiay 16, 1010 . 5) L'arpentage sur Is changer lot completf is 18 mat 2010 6) All c mputallone perf_mad and caordinatee shown on this ,Jon am t Isa,1 on New Brunswick Clere"Mph6: Double Pnl'actian and the NM53(Zllq) Ellipsoid as molized by Service New Brunswick High Pre ^ciao Network coordinate survey monuments . 6) Lee calculs et lea wordonrleee montris our ce plan sont ban. +s sur la pro)ee6on fereograpl.:gue tlouhle du Nluveav- Brunewick el rdlllpstale NA083(CLAS) teees qua determineSa par I, c +ordonnees Rescru de Haul. Pr&;Ieian des monumentl de suites Nall—.- Brunswick Plan Of Survey /Plan d'Arpentagl Showing Vimy Court Montrant Cour Vimy , City of Saint John , Ville de Saint John , Saint John County , Brunswick . Comtd de Saint Jon , Nouveau— Brunswick Certified C—t /Cer68e c --t HUGHES U 4c CO T9VLTANTS SNC" Su -;,.J try/ Mar. 73, 2012 A, -N par 1L more )12 John E. Calvin / 353 onto New Bruna:dck nd Surveyor /Arpanhur- gdombtre du 14 wean- emn;wick 10 a 10 20 30 40 1:500 •. Par ob Na /No. tlgaler e.S.M, Y12078 o: d, REPORT TO COMMON COUNCIL 26 July 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Parking Lot License Agreement Your Worship and Members of Common Council As per the attached memo from the City Solicitor's office it is necessary for the City and the Parking Commission to fonnalize the long - standing practice whereby the Parking Commission administers the parking areas on the Fundy Quay site. This license will provide clarity and certainty to our respective roles. Recommendation That the City enter into a Parking Lot License Agreement generally in the form attached with the Saint John Parking Commission for the operation of the parking lot on the former Coast Guard site and that the Mayor and Common Clerk be authorized to execute the said License Agreement on the City's behalf. Respectfully submitted, atrick Woods CGA City Manager 271 'X;: • M . M61anie C. Tompkins Direct Line: 506.658.4095 Fax No.: 506.649.7939 Email: melanie.tompkins@saintjohn.ca July 24, 2013 J. Patrick Woods City Manager City of Saint John Dear Mr. Woods: Re: Fundy Quay Parking Lot License Agreement Attached is a Parking Lot License Agreement which is intended to put in writing an arrangement which has been in place for a number of years. We reviewed the License Agreement and find it in order. If Council wishes to enter into this Parking Lot Licence Agreement, the following resolution is appropriate: "That the City enter into a Parking Lot License Agreement generally in the form as attached to this letter with the Saint John Parking Commission for the operation of a parking lot on the former Coast Guard Site; and that the Mayor and Common Clerk be authorized to execute the said License Agreement on the City's behalf." Yours truly, Melanie C. ins Solicitor MCT/bm Enclosure SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 27� wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada 1121- 41-1 FUNDY QUAY PARKING LOT LICENSE AGREEMENT This agreement made the day of July, 2013 to be effective as of and from the 1st day of July, 2013. BETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Charter ( "City ") and SAINT JOHN PARKING COMMISSION, a body corporate under the laws of the Province of New Brunswick ( "Commission ") WHEREAS the City owns certain lands and buildings situate on Water Street in the City of Saint John known as PID numbers, 55209159, 55209167 and 55011894(the "Lands "); AND WHEREAS the Commission operates a public parking lot on those portions of the Lands identified on the sketch annexed hereto as Schedule "A" and outlined in black (the "Parking Lots "); AND WHEREAS the City and the Commission wish to set out the terms and conditions of their agreement; NOW THEREFORE in consideration of the sum of One Dollar ($1.00) now paid by the Commission to the City, receipt of which is hereby acknowledged, and other good and valuable consideration, the City grants to the Commission a license to operate the Parking Lots on the following terms and conditions; 1. The Commission shall maintain the Parking Lots in a good state of repair and a neat and tidy condition at all times. 2. This License shall continue in full force and effect until terminated by either party, for any reason, on thirty (30) days written notice. 3. The Commission shall collect and retain all rental revenues generated from operating 150446431 doc.doc 273 the Parking Lots, be responsible for all operating expenses incurred from operations and shall pay the City its proportionate share of all real property taxes assessed against the Lands or any other assessments imposed by any governmental authority against the Lands. 4. This Agreement shall enure to the benefit of and be binding upon the respective successors and assigns of the parties. IN WITNESS WHEREOF the parties have executed this Agreement on the day, month and year first above written. THE CITY OF SAINT JOHN SAINT JOHN PARKING COMMISSION 150446431 doc.doc 274 Schedule "A" - Parking Locations r V jr, } M1 ;�' •�"\ Jam/' m7 '; (•i� 0% 4 0117 � �� .�-,� '� '� "�."�•,,� -��- , " � %' -'e \%�/ III `�x� `, 'tilt "; N. - '�,F.` yi �s :� `' • ' � J �- •+t'!�- �`' :; t � t f � ( j J , is i � 7 � > 1 � � o f tit Sk `.:�-� !� \•, 1�\iV, r� �c,„ lip July 29, 2013 Deputy Mayor and Councillors Subject: Appointments to Committees The Committee of the Whole, having met on July 29, 2013, recommended the following appointments to committees: Saint John Industrial Parks: to appoint John Warrington for a three year term from July 29, 2013 to July 29, 2016. Harbour Station: Notwithstanding the policy adopted by Common Council on October 29, 2012 regarding appointments to agencies, boards and commissions, to re- appoint Barbara Hutton for a one year term from July 29, 2013 to July 29, 2014. Saint John Transit: to appoint Andrew Green for a term from July 29, 2013 until March 25, 2016; and to appoint Wendy Gallant for a term from July 29, 2013 until December 5th, 2014. Saint John Parking Commission: to appoint John Campbell for a term from July 29,2013 until April 29, 2016; and to appoint Ann Crozier for a term from July 29,2013 until December 5, 2014. Saint John Community Arts Board: to appoint Michael Wennberg for a three year term from July 29, 2013 to July 29, 2016; to re- appoint Stephen Carson, Signe Gurholt and John Rocca for three year terms respectively from July 29, 2013 to July 29, 2016. Saint John Free Public Library: to accept the resignation of Councillor McAlary from the board due to a conflict with the terms of reference; to accept the recommendation from the Library to appoint Li Song for a three year term from July 29, 2013 to July 29, 2016; and notwithstanding the policy adopted by Common Council on October 29, 2012 regarding appointments to agencies, boards and commissions to re- appoint Jason Alcorn and Maryanne Lewell for a three year term from October 12, 2013 to October 12, 2016 respectively. Non - Profit Housing Committee: to accept the Rotary Club nominations of J.C. Robert Lockhart and Lisa A. Keenan for a three year term from July 29, 2013 to July 29, 2016. Stone Hammer Geopark: to appoint Mike Huggenholtz as a senior City staff appointment on the board for a three year term from July 29, 2013 to July 29, 2016 or until such time that he is no longer in his current position with Leisure Services. Sincerely, �r VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 276 July 29, 2013 Deputy Mayor and Councillors Subject: Illegal Parking Lots The Committee of the Whole, having met on July 29, 2013, recommended that the following resolution be adopted by Council: RESOLVED that the City Manager along with the Parking Commission be requested to report back within two weeks on how many illegal as well as City operated parking lots there are within the following geographic area, Haymarket Square, and Paradise Row to Tin Can beach. Sincerely, �r VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 277