2012-10-15_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaire5�
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City of Saint John
Common Council Meeting
Monday, October 15, 2012
Location: Common Council Chamber
Supplemental to Agenda
s 7.1 Proclamation - IODE Awareness Week
s 13.2 Committee of the Whole: City's Nominee to Arbitration Board
s 13.3 Committee of the Whole: Agreement of Purchase of Sale for Saint John YM-
YWCA Inc.
The City of Saint John
Seance du conseil communal
Le lundi 15 octobre 2012
Lieu: Salle du conseil communal
Ordre du jour supplementaire
s 7.1 Proclamation — semaine de sensibilisation a 1'IODE
s 13.2 Comite plenier: recommandations de nominations pour sieger aux comites
s 13.3 Comite plenier: convention d'achat -vente de Saint John YM -YWCA Inc.
Mayor Mel NGfton
Mayor's Office
Bureau du maire
PROCLAMATION
WHEREAS: IODE is Canada's premiere women's charitable organization
dedicated to enhancing the quality of life for individuals
through education support, community service and
citizenship programs; and
WHEREAS: 4,000 members of IODE Canada are dedicated to a better
Canada volunteering their time and talents to help others,
contributing almost $2,636,811. dollars and 975,114
volunteer hours per year: and
WHEREAS: IODE Canada members support our children, feed our
hungry, comfort our lonely, beautify our green spaces and
fundraise for charitable causes; and
UTHFRF.AS: IODE Canada volunteers are women of all ages and
backgrounds; and
WHEREAS: the collective result of the work done by IODE volunteers is
that Saint John is a most desirable place to live; and
WHEREAS: organizations in Saint John that rely on IODE volunteers
include such fundamental organizations as Born to Read,
Hestia House, Romero House, Food Banks, Daycare Centers,
Schools and the Horizon Health Network or any other
volunteer - involving organizations that are most relevant to
your community; and
NOW THEREFORE: I, Mayor Met Norton, of Saint John do hereby
proclaim the week of October 15 -19, 2012 as IODE Awareness Week in the City of
Saint John and urge my fellow citizens to recognize the crucial role played by IODE
members across Canada and in our community. urge my fellow citizens to recognize
the crucial role played by IODE members across Canada and in our community.
In witness whereof I have set my hand and affixed the official seal of the
Mayor of the City of Saint John
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E2L 4L1 vw wsaintjohn.ca C.P. 1971 Saint)ohn, N. -B. Canada E2L4L1
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The City of Saint John
October 15, 2012
Common Council of the City of Saint John
Mayor Norton, Deputy Mayor Rinehart and Councillors,
Subject: Committee of the Whole: City's Nominee to Arbitration Board
The Committee of the Who having met on October 15, 2012, directed the Clerk to add
the following proposed resolution to Council's open session agenda:
"RESOLVED that V.J. (Joe) Lumsdon be named as the City's nominee on the
Arbitration Board in the matter of the dispute between The City of Saint John and CUPE
Local #18."
Respectfully Submitted,
Kelly Tibbits
Administrative Assistant
SAI 7 o. #-N P.O. K-).x 1971 Saint ;shat, N3 C —Ilada FI1. 40 1 w;ar•a.&Ar�John.ci? I C.P. 19/1 Saint NA. Canada E21ALI
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The city of saint John
October 15, 2012
Common Council of The City of Saint John
His Worship Mayor Norton, Deputy Mayor Rinehart and Councillors,
Subject: Sale of City owned lands to Saint John YM -YWCA Inc. - Churchill Boulevard
The Committee of the Whole, having met on October 9, 2012, directed the Clerk to add
the following proposed resolution to Council's open session agenda:
RESOLVED that, as recommended by Committee of the Whole to Common Council,
that Common Council approve the attached Agreement of Purchase and Sale regarding the
sale of City owned lands to the YM -YWCA for the sum of $1.00 and that the Mayor and
Common Clerk be authorized to execute the attached Agreement of Purchase and Sale.
Respectfully Submitted,
Kelly Tibbits
Administrative Assistant
Common Clerk's Office
SAINT JOHN P.O. Box 1971 Saint John, NS Canada E2L 411 vvww saingohn.ra J C-P 1971 Saint John, N. B. Canada E2L 41.1
FINAL: SEPTEMBER 21 2012
AGREEMENT OF PURCHASE AND SALE
Vendor: The City of Saint John
15 Market Square
P.O. Box 1971
Saint John, NB, E21, 4L1
Attention: Common Clerk
Purchaser: The Saint John YM -YWCA Inc.
130 Broadview Avenue
Saint John, NB, E2L 5C5
Attention: Secretary
Premises: Three (3) parcels of land on or near Churchill Boulevard, Saint
John, NB. Identified by Service New Brunswick Parcel Identifier
Nos. 55217145 (formerly Philip Court), 55217137 (formerly
Wigmore Court) and 55160691 (see Plan File 26 #31), hereinafter
the "Premises ".
Purchase Price: $ 1.00 plus HST, if applicable.
Deposit: $ 1.00
Balance: On closing together with usual adjustments.
Closing Date: On or before December 31, 2012.
Conditions Precedent: Provided that the Purchaser has (1) conducted an inspection,
including environmental and geo- technical assessments of the
Premises, the results of such inspection(s) being satisfactory to the
Purchaser and (2) completed the acquisition of lands identified by
PID #55160410 then:
1. The Vendor agrees to sell to the Purchaser and the Purchaser agrees to purchase from the
Vendor good and marketable title to the Premises free and clear from all encumbrances except as
may be provided herein and except as to any registered restrictions or covenants that run with the
land providing that such are complied with and do not materially affect marketability, including
but not limited to the resolution of the Common Council of The City of Saint John adopted
pursuant to Section 39 of the Community Planning Act (Chapter C -12 R.S.N.B. 1973, as
amended) adopted at the meeting of said Common Council held May 7, 2012.
2. The Purchaser shall not call for production of any title deeds, abstracts, or other evidence
of title except such as are in possession of the Vendor. Within twenty (20) days from the date of
acceptance hereof the Purchaser may examine the title at its own expense. If within that time
any valid objection to the title is made in writing by the Purchaser to the Vendor, which the
Vendor shall be unable and unwilling to remove within ten (10) days of notification of said
objection or objections and which the Purchaser will not waive, this agreement shall,
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notwithstanding any intermediate acts or negotiations in respect of such objections, be null and
void and the deposit shall be returned by the Vendor without interest and the Vendor shall not be
liable for any costs or damages save as to any valid objection so made within such time the
Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Premises.
3. The Purchaser's solicitor is hereby appointed Agent of the Vendor for the purposes of
migration of the title to the Premises to the Land Titles System and the Purchaser's solicitor shall
at the sole expense of the Purchaser apply for the required PID Approval, certify title to the
Premises for the purpose of migration to the Land Titles system and migrate the Premises to the
Land Titles System. The Purchaser's solicitor shall forward to the Vendor's solicitor at least five
(5) business days prior to the closing date an Application for First Registration (Form 1) and the
Vendor's solicitor shall forthwith return to the Purchaser's solicitor an Affidavit of Applicant
(Form 2) and a Certificate of Notary under the Land Titles Act.
4. (a) The conveyance of the premises to the Purchaser shall reserve to the Vendor:
(i) any easements required for municipal services;
(ii) an option, irrevocable within the time Iimited for acceptance to purchase
free from encumbrances and restrictions other than encumbrances and restrictions
existing at Closing, the Premises, which option shall arise on the third (3'd)
anniversary of the Closing, if at that time the Purchaser has not commenced
construction of the project upon the Premises; this option shall be open for
acceptance in writing pursuant to clause 8 herein for thirty (30) days following the
date of its arising at the price of the Purchase Price payable at the closing of the
repurchase not later than thirty (30) days following acceptance, such closing shall
take place at the City Solicitor's Office. "Commenced construction of the
project" means the completion of the erection/installation of structural steel for
the YM -YWCA facility.
(b) To the satisfaction of the Chief City Engineer (City of Saint John) the Purchaser shall,
at its sole expense, decommission and abandon municipal infrastructure (water mains, pipelines
and sanitary /combined sewers) located within that portion of the Premises, formerly Phillips
Court and Wigmore Court. This obligation of the Purchaser to decommission and abandon the
said municipal infrastructure shall survive the Closing.
5. Vacant possession of the Premises shall be given to the Purchaser on closing.
b. Any tender of documents or money hereunder shall be made upon any party hereto or
their solicitors and money may be tendered by certified cheque from a Canadian chartered bank
or trust company.
7. Time shall be of the essence hereof
8. Any notice direction or other document required or permitted to be given hereunder or for
the purposes hereof (hereinafter this section called a "notice ") to any party shall be in writing and
shall be sufficiently given if delivered personally, or if sent prepaid registered mail or if
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transmitted by facsimile or other form of recorded communication tested prior to transmission to
each party.
(a) In the case of the Vendor at:
15 Market Square
PO Box 1971
Saint John, New Brunswick E21, 4L1
Facsimile Number: 506 -674 -4214
Attention: Common Clerk
(b) In the case of the Purchaser at:
130 Broadview Avenue
Saint John, New Brunswick E21, 4L2
Facsimile Number: (506) 634 -0783
Attention: President & CEO
or such other address as the party to whom such notice is to be given shall have last notified the
party giving the same notice in the manner provided in this section. Any notice delivered to the
party to whom it is addressed as hereinbeforc provided shall be deemed to have been given and
received on the day it is so delivered at such address, provided that if such day is not a business
day then the notice shall be deemed to have been given and received on the first business day
next following such day. Any notice mailed as aforesaid shall be deemed to have been given and
received on the third business day following the date of its mailing. Any notice transmitted by
facsimile or other form of recorded communication shall be deemed given and received on the
first business day after its transmission.
9. Neither this agreement nor any rights or obligations hereunder shall be assignable by any
party hereto without the prior written consent of the other party hereto.
10. This agreement may not be amended or modified in any respect, except by written
instrument executed by all of the parties hereto.
11. The Purchaser's solicitor is:
Stewart McKelvey
Suite 1000, 44 Chipman Hill
PO Box 7289, Station A
Saint John, New Brunswick E2L 4s6
Attention: James D. Murphy
Telephone: 506 -632 -1970 Facsimile: 506- 634 -3573
The Vendor's solicitor is:
City Solicitor's Office
8d' Floor, City Hall
15 Market Square
PO Box 1971
-4-
Saint John, New Brunswick E21, 4L1
Attention: Lynda D. Farrell /M61anie C. Tompkins
Telephone: 506- 658 -2860 Facsimile: 506- 649 -7939
12. This offer and the agreement shall be governed in accordance with the laws of the
Province of New Brunswick.
13. If any covenant or provision of this agreement is prohibited in whole or in part, such
covenant or provision shall be ineffective to the extent of such prohibition without invaliding the
remaining covenants and provisions hereof and shall be deemed to be severed from this
agreement to the extent of such prohibition.
14. This offer and the agreement and everything contained herein shall enure to the benefit of
and be binding upon the parties hereto and their respective heirs, personal representatives,
successors and assigns.
IN WITNESS WHEREOF the parties hereto have caused these presents to be
duly executed by the properly authorized officers and their respective corporate seal affixed
hereto this day of October, 2012.
SIGNED, SEALED AND DELIVERED ) The City of Saint John
in the presence of: )
Mayor
Common Clerk
Common Council Resolution:
October , 2012
The Saint John YM -YWCA Inc.
Per:
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