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2020-10-13_Agenda Packet--Dossier de l'ordre du jour City of Saint John Common Council Meeting Tuesday, October 13, 2020 NOTICE: THE CITY IS COMMITTED TO TAKING IMPORTANT STEPS IN REDUCING THE SPREAD OF COVID- 19. THE PUBLIC, INCLUDING THE MEDIA, IS NOT PERMITTED TO ATTEND IN PERSON. THE MEETING IS AVAILABLE BY LIVESTREAMING ON YOUTUBE. ACCESS TO THE LIVESTREAMING OF THE MEETING IS https://www.youtube.com/channel/UCWOdmpd_x2m-YiZIuYABzow/live AVIS: PROPAGATION DE COVID- PERSONNE. LA R w;bLhb 9{ 5L{thbL.\[9 {w \[9 {L9 59 \[! L\[\[9͵ Le public peut voir une diffusion en direct de la reunion sur le site Web de la Ville: https://www.youtube.com/channel/UCWOdmpd_x2m-YiZIuYABzow/live Committee of the Whole 1. Call to Order {ź ǝƚǒƭ ğǝĻǩ ĬĻƭƚźƓ ķĻƭ ƭĻƩǝźĭĻƭ ĻƓ ŅƩğƓĲğźƭ ƦƚǒƩ ǒƓĻ ƩĽǒƓźƚƓ ķĻ /ƚƓƭĻźƌ ĭommunal, 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 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 5:00 p.m., Electronic Participation 1.1 Approval of Minutes 68(1) 1.2 Financial Matter 68(1)(c) 1.3 Land Matter 68(1)(d) Ville de Saint John {ĽğƓĭĻ ķǒ ĭƚƓƭĻźƌ ĭƚƒƒǒƓğƌ Mardi 13 octobre 2020 18 h wĽǒƓźƚƓ ƷĻƓǒĻ ŭƩĢĭĻ Ġ ƌğ ƦğƩƷźĭźƦğƷźƚƓ ĽƌĻĭƷƩƚƓźƨǒĻ /ƚƒźƷĽ ƦƌĽƓźĻƩ Њ͵ hǒǝĻƩƷǒƩĻ ķĻ ƌğ ƭĽğƓĭĻ Si vous ƭƚǒŷğźƷĻǩ ƚĬƷĻƓźƩ ķĻƭ ƭĻƩǝźĭĻƭ ĻƓ ŅƩğƓĲğźƭ ƦƚǒƩ ǒƓĻ ƭĽğƓĭĻ ķǒ ĭƚƓƭĻźƌ ĭƚƒƒǒƓğƌͲ veuillez communiquer avec le bureau du greffier communal au 658-2862. ƦƩźǝĽ ĻƓ ǝĻƩƷǒ ķĻƭ ķźƭƦƚƭźƷźƚƓƭ ƦƩĽǝǒĻƭ ğǒ ƦğƩğŭƩğƦŷĻ 68(1) de la \[ƚź ƭǒƩ ƌğ ŭƚǒǝĻƩƓğƓĭĻ ƌƚĭğƌĻ͵ \[Ļ ĭƚƓƭĻźƌΉĭƚƒźƷĽ ƦƩĻƓķƩğ ǒƓĻ ƚǒ ķĻƭ ķĽĭźƭźƚƓƭ Ġ ĭĻƷ ĽŭğƩķ ğǒ ĭƚǒƩƭ ķĻ ƌğ ƭĽğƓĭĻ publique : e ЊЏŷ ЌЉͲ {ğƌƌĻ ķĻ ĭƚƓŅĽƩĻƓĭĻͲ Б ĽƷğŭĻͲ ŷƝƷĻƌ ķĻ ǝźƌƌĻ Њ͵Њ !ƦƦƩƚĬğƷźƚƓ ķǒ ƦƩƚĭļƭ-verbal 68(1) Њ͵Ћ vǒĻƭƷźƚƓ ŅźƓğƓĭźļƩĻ 68(1)(c) Њ͵Ќ vǒĻƭƷźƚƓ ŅƚƓĭźļƩĻ 68(1)(c) {ĽğƓĭĻ ƚƩķźƓğźƩĻ 1. hǒǝĻƩƷǒƩĻ ķĻ ƌğ ƭĽğƓĭĻ 2. Approbation du ƦƩƚĭļƭ-verbal 2.1 tƩƚĭļƭ-ǝĻƩĬğƌ ķĻ ƌğ ƩĽǒƓźƚƓ ķǒ ЋБ septembre 2020 5.1 CƚǒƩƓźƭƭĻǒƩ ķĻ ƭĻƩǝźĭĻƭ ķĻ ƒƚĬźƌźƷĽ Attribution du ƒğƩĭŷĽ (recommandation figurant dans le rapport) 5.2 /ƚƓƭĻƓƷĻƒĻƓƷ Ġ ƌğ ǝĻƓƷĻ ķǒ /ĻƓƷƩĻ ķĻ ķƚƓƓĽĻƭ ķĻ .Ļƌƌ !ƌźğƓƷ (recommandation figurant dans le rapport) 5.3 figurant dans le rapport) 5.4 Contrat 2020-22 : Modernisation du poste de relevage de la Place Carpenter (recommandation figurant dans le rapport) 5.5 /ƚƓƷƩğƷ ķĻ ƌƚĭğƷźƚƓ ķǒ ağƩĭŷĽ-de- (Java Moose) (recommandation figurant dans le rapport) 5.6 154, rue Waterloo, 19, rue Paddock, 144, avenue Lansdowne. (Recommandation figurant dans le rapport) 5.7 !ķƚƦƷźƚƓ ķĻƭ ƓƚǒǝĻƌƌĻƭ ķźƭƦƚƭźƷźƚƓƭ ƩĽŭźƭƭğƓƷ ƌğ ƦƩƚĭĽķǒƩĻ ĻƷ ƌĻ idences non conformes de Saint John (recommandation figurant dans le rapport) Џ͵ /ƚƒƒĻƓƷğźƩĻƭ ƦƩĽƭĻƓƷĽƭ ƦğƩ ƌĻƭ ƒĻƒĬƩĻƭ 7. Proclamation Б͵ 5ĽƌĽŭğƷźƚƓƭ ĻƷ ƦƩĽƭĻƓƷğƷźƚƓƭ - nil 9. Audiences publiques 9.1 910, boul. Fairville avec le rapport du recommandant ЊЉ͵ ;ƷǒķĻ ķĻƭ ğƩƩľƷĽƭ ƒǒƓźĭźƦğǒǣ 10.1 ƩļŭƌĻƒĻƓƷ ķĻ ǩƚƓğŭĻ 4001, chemin King źƌƌźğƒ ΛƷƩƚźƭźļƒĻ ƌĻĭƷǒƩĻΜ 10.2 59 ЍЍЎͲ ĭŷĻƒźƓ {Ʒ͵ ağƩƷźƓ ΛƷƩƚźƭźļƒĻ ƌĻĭƷǒƩĻΜ 10.3 s espaces de stationnement de 15 minutes aƚķźŅźĭğƷźƚƓ ğǒ ƩļŭƌĻƒĻƓƷ ƭǒƩ ƌĻ stationnement de Saint John ΛƦƩĻƒźļƩĻ ĻƷ ķĻǒǣźļƒĻ ƌĻĭƷǒƩĻs) 10.4 aƚķźŅźĭğƷźƚƓ ķǒ ƩļŭƌĻƒĻƓƷ ƭǒƩ ƌğ ĭźƩĭǒƌğƷźƚƓ ʹ /źƩĭǒƌğƷźƚƓ Ġ ķĻǒǣ ƭĻƓƭ ƭǒƩ ƌğ ƩǒĻ IğƩķźƓŭ hǒĻƭƷ ΛƷƩƚźƭźļƒĻ ƌĻĭƷǒre) 11. Interventions des membres du conseil ЊЋ͵ !ŅŅğźƩĻƭ ƒǒƓźĭźƦğƌĻƭ ĽǝƚƨǒĽĻƭ ƦğƩ ƌĻƭ ŅƚƓĭƷźƚƓƓğźƩĻƭ ƒǒƓźĭźƦğǒǣ 12.1 aźƭĻ Ġ ƆƚǒƩ ķǒ ķźƩĻĭƷĻǒƩ ƒǒƓźĭźƦğƌ 12.2 {ƷƩğƷĽŭźĻ ƦƩĽƌźƒźƓğźƩĻ ƭǒƩ ƌĻ ĭǤĭƌźƭƒĻ - MoveSJ ЊЌ͵ wğƦƦƚƩƷƭ ķĽƦƚƭĽƭ ƦğƩ ƌĻƭ ĭƚƒźƷĽƭ nil ЊЎ͵ /ƚƩƩĻƭƦƚƓķğƓĭĻ ŭĽƓĽƩğƌĻ 15.1 UNB Plan de transport actif de la Ville de Saint John (recommandation ʹ ƩĻĲǒĻ 15.2 Cyclisme - Saint John : dĻƒğƓķĻ ķĻ ƦƩĽƭĻƓƷğƷźƚƓ ΛƩĻĭƚƒƒğƓķğƷźƚƓ : consulter le greffier pour la planification) 15.3 Clud de soccer de Saint John : tĻƩƩğźƓƭ ƦƚƌǤǝğƌĻƓƷƭ Ġ {ğźƓƷ WƚŷƓ (recommandation : consulter le directeur municipal) ЊЏ͵ hƩķƩĻ ķǒ ƆƚǒƩ ƭǒƦƦƌĽƒĻƓƷğźƩĻ ЊА͵ /ƚƒźƷĽ ƦƌĽƓźĻƩ 17.1 Saint John Water Aide au paiement des factures 17.2 N.B. Ltd. ЊБ͵ \[ĻǝĽĻ ķĻ ƌğ ƭĽğƓĭĻ COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 MINUTES REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN SEPTEMBER 28, 2020 AT 6:00 PM MEETING CONDUCTED BY ELECTRONIC PARTICIPATION Present: All Council Members present attended by video conference Acting Mayor / Deputy Mayor Shirley McAlary Councillor-at-Large Gary Sullivan Councillor Ward 1 Blake Armstrong Councillor Ward 1 Greg Norton Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 David Hickey Councillor Ward 4 David Merrithew Absent: Mayor Don Darling Councillor Ward 3 Donna Reardon Councillor Ward 4 Ray Strowbridge Also Present: All staff present attended by video conference City Manager J. Collin City Solicitor J. Nugent Q.C. Fire Chief K. Clifford Commissioner Transportation and Environment M. Hugenholtz Commissioner Saint John Water B. McGovern Commissioner Growth & Community Development J. Hamilton Deputy Commissioner Finance and Administration I. Fogan Common Clerk J. Taylor Deputy Common Clerk P. Anglin Administrative Officer R. Evans 1 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 To conform to the Government COVID-19 State of Emergency and Mandatory Order isolation requirements, City Hall is closed to the public. Council Members and senior staff participated by video conference. The City Clerk conducted roll call of the Council Members to determine quorum; the following Members were noted absent: Mayor Don Darling, Councillor R. Strowbridge, Councillor D. Reardon. To ensure access to the public and transparency of the meeting, livestreaming on the Cit provided. Rogers TV also provides the public live streaming of the Council meeting. 1. Call to Order Acting Mayor / Deputy Mayor McAlary extended condolences on behalf of Council on the passing of community leaders Kenneth Gould and Bill Gale. Deputy Mayor McAlary also extended sincere thanks to John Nugent Q.C. City Solicitor on th his 45 years of dedicated legal service to the City and his retirement on September 30 and welcomed the incoming General Counsel Melanie Tompkins. The Deputy Mayor congratulated Premier Blaine Higgs on winning a majority Progressive Conservative government and to the elected Saint John MLAs: Arlene Dunn - Saint John Harbour, Dorothy Shephard - Saint John Lancaster, Glen Savoie - Saint John East and Trevor Holder - Portland Simonds. 2. Approval of Minutes 2.1 Minutes of August 31, 2020 Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the minutes of August 31, 2020 be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Merrithew, seconded by Councillor MacKenzie: RESOLVED that the agenda of this meeting be approved with the addition of Item 17.1 RFP 2020-091004P for Engineering Services: Site Works Fundy Quay; 17.2 Chief City Engineer; and 17.3 Nominating Committee 68(1)(b) Recommended Appointments to Committees. MOTION CARRIED. 4. Disclosures of Conflict of Interest 2 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2020- 238: Letter of Support for Adoption of the 2015 National Building Code of Canada, Common Council send a letter of support to the Province of New Brunswick, encouraging the adoption of the 2015 National Building Code of Canada as soon as possible. 5.2 That as recommended by the City Manager in the submitted report M&C 2020- 226: Materials Testing and Construction Inspection Services Agreement for 2019 and 2020, Common Council approve an increase to the Agreement with Gemtec Consulting Engineers and Scientists Ltd. for Materials Testing and Construction Inspection Services for 2019 and 2020 from $683,660.05 to $950,000.00. 5.3 That as recommended by the City Manager in the submitted report M&C 2020- 232: Award for Demolition of the Building at 111-115 City Road (PID 55227342), Common Council approves that the tender submitted by Galbraith Construction Ltd, for the demolition of the building located at 111-115 City Road, PID# 55227342, in the amount of $79,400.00 plus HST be awarded. 5.4 That as recommended by the City Manager in the submitted report M&C 2020- 225: Consideration of Sale of Land for Public Purposes at 1250 Latimore Lake Road, Common Council approves the following: 1. That Common Council seek the concurrence of the Planning Advisory Committee to divest the property, identified as being PID No. 55125496 from t property surplus to its needs, and 2. In the event the Planning Advisory Committee concurs with such, it is further recommended that the above said property be sold to Caroline Bird for $30,000.00 plus H.S.T. (if applicable) with all costs associated with the sale of this land to be the responsibility of the purchaser; on condition the purchaser and any subsequent owner of the property retain the pond for drainage purposes; and 3. That the Mayor and Common Clerk be authorized to execute any documents required to facilitate this transaction. 5.5 That as recommended by the City Manager in the submitted report M&C # 2020- 228 Fleet Replacement Procurement September 2020, Common Council approves the award for the purchase of three (3) halfton, four wheel drive crew cab pick-up trucks and one (1) three-quarter ton, four wheel drive crew cab pick-up truck at a total cost of $192,237.30 plus HST to Dobson Chrysler Dodge. 3 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 5.6 That as recommended by the City Manager in the submitted report M&C 2020- 236: Grant of Easement to Mike Cavanagh Homes Inc. at Corner of Germain Street and Lower Cove Loop, Common Copuncil approves that The City of Saint John enter into the Easement attached to M&C # 2020-236 for the placement of foundation footings as Showing Foundation easement would, subject to compliance with the terms and conditions hereof, exist for the duration of the life of the building constructed upon the footing foundations in question. The easement would be granted upon the precondition that the grantee has first delivered to the Building Inspector the following documentation: 1. A survey plan prepared by a licensed New Brunswick land surveyor confirming the distance which the footings in question extend into the public rights of way of each of Germain Street and Lower Cove Loop, which shall not in any event exceed in the case of Germain Street, 0.465 meters in width and in the case of Lower Cove Loop, 0.610 meters in width; 2. Written certification by a professional engineer licensed to practice in New Brunswick that the foundation footings have been constructed and installed in accordance with the engineering design and drawings submitted to the Ci Building Inspection Office; 3. A survey plan prepared by a licensed New Brunswick land surveyor confirming the location and elevation of the aforesaid foundation footings in relation to City infrastructure located beneath the surface of the rights of way of each of Germain Street and Lower Cove Loop, along the entire length of the proposed easement; 4. The grantee shall provide the City a Certificate of Insurance issued by an insurer authorized to conduct business in New Brunswick confirming a wrap-up liability policy against liability for bodily and property damage which might arise with respect to the footing foundations in question and which shall provide the following: i. Coverage on an occurrence basis with inclusive limits of at least $5,000,000; ii. That the City of Saint John named as an additional insured with respect to the operations associated with the proposed easement; iii. Coverage for bodily injury and property damage in the amount of $5,000,000.00 on an occurrence basis; iv. A cross-liability clause; v. Completed operations coverage; vi. A requirement to provide the City 30 days advance written notice in the event of the cancellation, substantial amendment or lapse of this policy; and vii. Coverage for broad form property damage; 4 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 5. The grantee pay to the City of Saint John $1,000.00 plus HST (if applicable) for the easement; and 6. Common Council approves that the Mayor and Common Clerk be authorized to execute the Grant on behalf of the City. 5.7 That as recommended by the City Manager in the submitted report M&C 2020- ЋЍЉʹ /źƷǤ ağƩƉĻƷ \[ĻğƭĻ ǞźƷŷ ! ŷğƌĻ ƚŅ ğ /ğŅĽ ķƚźƓŭ ĬǒƭźƓĻƭƭ ğƭ ŷĻ źƌķ /ğƩƩƚƷ /ğŅĽ, Common Council authorizes the following: 1. That the City enter into a Lease for Stall D in the City Market with A Whale of ğ /ğŅĽ ķƚźƓŭ ĬǒƭźƓĻƭƭ ğƭ ŷĻ źƌķ /ğƩƩƚƷ /ğŅĽͲ ǒƓķĻƩ ƷŷĻ ƷĻƩƒƭ ğƓķ conditions as set out in the Lease submitted with M&C 2020-240; and 2. That the Mayor and Common Clerk be authorized to execute any necessary documents. 5.8 That as recommended by the City Manager in the submitted report M&C 2020- 224: Proposed Public Hearing Date 215 Somerset Street, Common Council approves the following: 1. That the public hearing for the Zoning By-law amendment for Maria Jimenez (215 Somerset Street) be scheduled for Monday November 9, 2020 at 6:30 p.m. to occur in Council Chamber with a remote participation option, and 2. That these applications be referred to the Planning Advisory Committee for a report and recommendation. 5.9 That as recommended by the City Manager in the submitted report M&C 2020- 230: Termination of Video Agreement with CGI Communications, Common Council approves the following: that the Mayor and Common Clerk be authorized to terminate the agreement with CGI and that the Common Clerk send written notice to CGI. 5.10 That as recommended by the City Manager in the submitted report M&C 2020- 237: Real Property Attribute Information Distribution Agreement, Common Council approves the following: 1. That the City enter into a Civic Address / Parcel Location Update Agreement with Service New Brunswick for the right to use property attribute information as described therein in the form attached to M&C No. 2020-237; and 2. That the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.11 That as recommended by the City Manager in the submitted report M&C 2020- 241: Permit and Development Approvals Fees Sustainability Item Referral Report and Setting of Public Hearings, Common Council approves the following: 5 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 1. That the proposed amendments to the Building By-law, Zoning By-law and Subdivision By-law concerning fees be referred to the Planning Advisory Committee for its meeting of October 20, 2020; 2. That the proposed amendments to the Heritage Conservation Areas Bylaw concerning fees be referred to the Heritage Development Board for its meeting of October 7, 2020; 3. That the public hearing date of November 16, 2020 be scheduled to consider an amendment to the Zoning By-law concerning fees; and 4. That the public hearing date of November 16, 2020 be scheduled to consider an amendment to the Heritage Conservation Areas By-law concerning fees. Moved by Councillor Sullivan, seconded by Councillor Merrithew: RESOLVED that the recommendation set out in each consent agenda item respectively, be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments 7. Proclamations The Deputy Mayor declared October 2, 2020 as Wrongful Conviction Day in The City of Saint John. 8. Delegations/Presentations 9. Public Hearings 6:30 PM 9.1 Proposed Section 59 Amendment with PAC report recommending amendment 30 King George Court The Common Clerk advised that the necessary advertising was completed with regard to amending the Section 59 conditions imposed on the 29th of March, 2010, located on the property at 30 King George Court also identified as PID No. 55218218 to permit a tenant storage building in place of a 4-unit dwelling with no written objections or letters of support received. Consideration was given to a report from the Planning Advisory Committee submitting a Committee recommended the amendment of the existing Section 59 conditions as described above. Commissioner Hamilton advised on the purpose for the application, to permit a tenant storage building. PAC and staff both are in favour of the application being approved. The 6 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 applicant Gordon Breau is available for questions. There are no registered speakers to speak against or in favour of the application. Moved by Councillor MacKenzie, seconded by Councillor Sullivan: th RESOLVED that Common Council amend the resolution adopted on March 29 , 2010, pursuant to Section 59 of the Community Planning Act, imposed on the rezoning of a parcel of land having an area of approximately 0.57 hectares, located at 25-35 Bentley Street (now known by the civic address 30 King George Court), also identified as PID Numbers 55218218, 55218259, and 55218200, by replacing part (a) with the following: (a) That the use and development of the subject property be limited to a two-storey office building with a maximum ground floor area of 250 square metres (3,770 square feet) containing an office use, 2-12 unit multiple residential buildings with a height of three stories each and one tenant storage building no taller than one storey. MOTION CARRIED. 9.2 Proposed Zoning Bylaw Amendment with PAC report recommending rezoning stnd 4001 King William Road (1 and 2 Reading) The Common Clerk advised that the necessary advertising was completed with regard to r ezoning a parcel of land having an area of approximately 80.98 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Rural (RU) to Green Energy (GE); and rezoning a parcel of land having an area of approximately 55.21 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Medium Industrial (IM) to Green Energy (GE) with no written objections or letters of support received. Consideration was also given to a report from the Planning Advisory Committee which the Committee recommended the rezoning of a parcel of land located at 4001 King William Road as described above. Commissioner Hamilton advised of the proposed rezoning of the property at 4001 King William Road from Medium Industrial (MI) to Green Energy (GE) zone to allow expansion of zoned area of the Burchill Wind Energy project to maximize wind exposure efficiencies. The PAC and planning staff recommend approval of the application. representative Meg Morris Development Officer Natural Forces registered to speak as part of the Public Hearing. There are no others registered to present against or in favour of the application. 7 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 Meg Moris provided support for the project and was in agreement with the PAC and staff reports. Moved by Councillor MacKenzie, seconded by Councillor Merrithew: RESOLVED that the by--Law of The City of r ezoning a parcel of land having an area of approximately 80.98 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Rural (RU) to Green Energy (GE); and rezoning a parcel of land having an area of approximately 55.21 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Medium Industrial (IM) to Green Energy (GE), be read a first time. MOTION CARRIED. Read a first time by title, the by--Law of The Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the by-ning By-Law of The City of r ezoning a parcel of land having an area of approximately 80.98 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Rural (RU) to Green Energy (GE); and rezoning a parcel of land having an area of approximately 55.21 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Medium Industrial (IM) to Green Energy (GE), be read a second time. MOTION CARRIED. Read a second time by title, the by--Law of Councillor Merrithew lost connection after the conclusion of the public hearing including rd 1st reading and vote on 9.2; Councillor Merrithew is qualified to vote on 3 reading of the rezoning 4001 King William Road. 9.3 Proposed Zoning Bylaw Amdment with PAC report recommending rezoning 445 stnd St. Martins Road (1 and 2 Reading) The Common Clerk advised that the necessary advertising was completed with regard to -zoning a parcel of land having an area of approximately 8100 square metres located at 445 St. Martins Road, also identified as a portion of PID Nos. 55071088, and 00356188, from Rural (RU) 8 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 to Neighbourhood Community Facility (CFN) with no written objections or letters of support received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staf which the Committee recommended the rezoning of a parcel of land located at 445 St. Martins Road as described above with Section 59 Conditions. Commissioner Hamilton advised that the proposed rezoning located at 445 St. Martins Road is to allow a day care centre. Both the PAC and planning staff support the development and recommend approval of the application. The applicant Dana Whitenect is registered to present as part of the Public Hearing. There are no other registered speakers. Dana Whitenect was available to respond to questions. Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the by-w to Amend the Zoning By-Law of The City of -zoning a parcel of land having an area of approximately 8100 square metres located at 445 St. Martins Road, also identified as a portion of PID Nos. 55071088, and 00356188, from Rural (RU) to Neighbourhood Community Facility (CFN), be read a first time. MOTION CARRIED. Read a first time by title, the by--Law of The Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the by--Law of The City of -zoning a parcel of land having an area of approximately 8100 square metres located at 445 St. Martins Road, also identified as a portion of PID Nos. 55071088, and 00356188, from Rural (RU) to Neighbourhood Community Facility (CFN), be read a second time. MOTION CARRIED. Read a second time by title, the by--Law of The City of Saint John. Councillor Merrithew lost connection and was not able to hear the public hearing on 9.3; Councillor Merrithew is disqualified from voting on the rezoning 445 St. Martins Road. 10. Consideration of Bylaws 9 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 10.1 Vehicle for Hire By-Law Changes th The City Manager advised that on May 4 2020 Council approved as a temporary measure to extend by 1 year the age of vehicles as recovery efforts during the COVID pandemic. The Council resolution stated that the matter was to be brought back for further Council consideration in September. Referring to the submitted report entitled Vehicle for Hire By-Law Changes (M-12) General Manager, Saint John Transit M. Dionne outlined the temporary 1 year extension of the age of the vehicles in place and recommended the extension to continue as a permanent adjustment. Moved by Councillor Armstrong, seconded by Councillor MacKenzie: RESOLVED that as recommended by the City MaVehicle for Hire By-Law Changes (M- approve the following: a) Endorse a permanent adjustment to the 7-year age limit of a Taxi. The age limit would move from seven (7) years to eight (8) years of age; and, Hire By-Law. MOTION CARRIED. 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 City Manager Update (Verbal) The City Manager advised the draft budget implementation for 2021 has been approved by Council. Staff is waiting for the provincial tax roll to make any adjustments required. The tax roll is expected to be delived early November. The 2020 budget is also on track and being monitored; it is also expected to be balanced. The renovated City Hall relocation is on track within the existing 15 Market Square location. The space has been occupied by the City since 1971 and the facelift to a more efficient workspace will savethe City more than $700,000 on annual rental fees. The next meeting of Council is intended to be held in person in the newly renovated Council Chambers. However the City Manager cautioned that due to the COVID pandemic the public is encouraged to continue to participate by following on the livestream on YouTube or Rogers Cable TV. The necessary COVID 19 protocols are in place for social distancing and face masks. 10 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 The newly integrated Customer Service facility, a One Stop Shop service will open on the ground floor of City Hall October 13. The newly elected provincial government and cabinet will be sworn in tomorrow. The City will promote discussion with the government on the transformational change reforms including: regional cost sharing, property tax reform and changes to binding arbitration. Staff continue to engage on the following required changes: ABC reforms and the implementation of the Ernst and Young report. The City will follow the forthcoming recommendations from the Chief Medical Officer of Health concerning Hallowween activity. The City Manager recognized the staff volunteer time devoted to COVID 19 recovery efforts through the Thursday Night Market initiative and the Open Street initiative. Moved by Councillor Hickey, seconded by Councillor Merrithew: RESOLVED that the standing item Sustainability Update presented verbally by the City Manager be received for information. MOTION CARRIED. 12.2 Demoliton of Vacant, Dilapidated and Dangerous Building at 123-125 Main Street (PID 00378810) Commissioner Hamilton advised that staff did reach out to contact the owners, however no owner, including anyone holding and encumbrance upon this property, the building located at 123-125 Main Street (PID 00378810), registered to present evidence that the building is structurally sound and not dilapidated. The registration process is necessary during the COVID pandemic to provide an owner, including anyone holding any encumbrance upon the property, who wishes to present evidence to the contrary, i.e. that the building is structurally sound and not dilapidated. Ben Purinton presented the report entitled Demoliton of Vacant, Dilapidated and Dangerous Building at 123-125 Main Street (PID 00378810), illustrating the dilapidated state of the building. Moved by Councillor Hickey , seconded by Councillor MacKenzie: RESOLVED that as recommended by the City Manager in the submitted report M&C 2020- 233: Demolition of Vacant, Dilapidated and Dangerous Building at 123-125 Main Street (PID 00378810), Common Council adopts the following recommendation: RESOLVED that the building located at 123-125 Main Street, PID# 00378810, is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and 11 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 BE IT FURTHER RESOLVED that one or more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. MOTION CARRIED. 12.3 Demolition of Vacant, Dilapidated and Dangerous Building at 135 Main Street, 5 Albert Street (PID 00374595) Commissioner Hamilton advised that no owner, including anyone holding and encumbrance upon this property, the building located at 135 Main Street, 5 Albert Street (PID 00374595), registered to present evidence that the building is structurally sound and not dilapidated. The registration process is necessary during the COVID pandemic to provide an owner, including anyone holding any encumbrance upon the property, who wishes to present evidence to the contrary, i.e. that the building is structurally sound and not dilapidated. Ben Purinton presented the report entitled Demolition of Vacant, Dilapidated and Dangerous Building at 135 Main Street, 5 Albert Street (PID 00374595),illustrating the dilapidated state of the building. Moved by Councillor MacKenzie, seconded by Councillor Casey: RESOLVED that as recommended by the City Manager in the submitted report M&C 2020- 234: Demolition of Vacant, Dilapidated and Dangerous Building at 135 Main Street, 5 Albert Street (PID 00374595), Common Council adopts the following: RESOLVED that the building located at 135 Main Street, 5 Albert Street, PID#00374595, is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED that the building is to be demolished as it has become a hazard to the safety of the public by reason of unsoundness of structural strength; and BE IT FURTHER RESOLVED that one or more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. MOTION CARRIED. 12.4 n 12 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 Referring to the submitted report entitled M&C 2020-239 New Transportation Plan te of the aspirational goal of MoveSJ: providing each Saint John citizen an opportunity to use the mode of transportation of their choice and be safe while doing so. The plan commenced in 2015, Phase 1 and Phase 2 are complete. The plan is currently in its final Phase 3. Moved by Councillor Hickey, seconded by Councillor Casey: RESOLVED that the submitted report M&C 2020- New Transportation Plan, be received for information. MOTION CARRIED. 12.5 Update #2 Water Levels in the South Bay Wellfield Referring to the submitted report entitled M&C 2020-229: Update #2 Water Levels in the South Bay Wellfield Commissioner McGovern advised Council of the transition of some areas from the South Bay Wellfield as their primary drinking water source to drinking from the new Loch Lomond Drinking Water Treatment Facility. Reducing the demand on the South Bay Wellfield by transitioning the six neighbourhoods has caused the water levels to rise from approximately 1.72 meters below sea level in February 2020 to approximately 0.25 meters above mean sea level around the end of May 2020. The average water level in the three production wells as of mid-September is 1.23 meters above sea level. The aquifer continues to recover such that the City should return to compliance with the Approval to Operate (regulatory) requirement of +1 metre above mean sea level for each of the wells. The only well now below the 1 metre requirement is well # 3. Saint John Water continues to closely monitor the South Bay Wellfield water levels in conjunction with the Department of Environment and Local Government. Moved by Councillor Casey, seconded by Councillor MacKenzie: RESOLVED that the submitted report M&C 2020-229: Update #2 Water Levels in the South Bay Wellfield, be received for information. MOTION CARRIED. 12.6 Safe Clean Drinking Water Project Final Completion Milestone Referring to the submitted report entitled M&C 2020-244: Safe Clean Drinking Water Project Final Completion Milestone Commissioner McGovern advised that the Independent Certifier issued the certificate of Final Completion on August 31, 2020. The project completed is just over $1,008,000 under budget or 0.55% of the budgeted amount. 13 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 Moved by Councillor MacKenzie, seconded by Councillor Casey: RESOLVED that the submitted report M&C 2020-244: Safe Clean Drinking Water Project Final Completion Milestone, be received for information. MOTION CARRIED. 12.7 Municipal Legislative Authority respecting Racial Discrimination Referring to the submitted report entitled M&C 2020-242: Municipal Legislative Authority respecting Racial Discrimination, City Solicitor, J. Nugent opined on the authority of the local government to enact bylaws respecting racial discrimination. Having reviewed the relevant legislation, it is opinion that the New Brunswick Legislature has not delegated to local governments the authority to enact bylaws which would prohibit discrimination based upon race and provide a penalty for the breach of that prohibition. Moved by Councillor Hickey, seconded by Councillor Casey: RESOLVED that the submitted report M&C 2020-242: Municipal Legislative Authority respecting Racial Discrimination, be received for information. MOTION CARRIED. 12.8 Economic and Community Recovery 15 Minute Parking Spaces Referring to the submitted report entitled M&C 2020-170: Economic and Community Recovery 15 Minute Parking Spaces, Population Growth Manager D. Dobbelsteyn advised Council of the 15 Minute Parking Spaces initiative intended as a pilot to support the commercial districts impacted by the COVID pandemic. Having reviewed the pilot and received public input staff now recommend that Council revert the 15-Minute parking space on Canterbury St to 2-hour parking and revert the 15-Minute Parking space on Germain St that is 37.4 Meters north of Princess St to 2 hour Parking. Moved by Councillor Sullivan, seconded by Councillor Casey: RESOLVED that as recommended by the City Manager in the submitted report M&C 2020- 170: Economic and Community Recovery 15 Minute Parking Spaces, Common Council approve the following: 1. Direct staff to prepare Traffic Bylaw amendments to: a) Revert the 15-Minute Parking space on Canterbury St to 2-hour parking and revert the 15-Minute Parking space on Germain St that is 37.4 Meters north of Princess St to 2 hour Parking; and 2. Implement a more streamlined approach that would enable further changes to 15- minute parking at the discretion of the City manager and direct staff to update the 14 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 remaining 15-minute parking spaces so they better delineate the actual location of the 15-minute parking spaces. 3. Direct staff to conduct a public engagement with our local economic partners, and local businesses on the 15-minute parking program and other economic and community recovery initiatives. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 UNBSJ Request to Present (Recommendation: Refer to the Clerk to Schedule) Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the UNBSJ Request to Present be referred to the Clerk to schedule. MOTION CARRIED. 15.2 Purity Ice Cream Building 111 City Road Request to Delay Demoliton (Recommendation: Deny Request) Moved by Councillor Sullivan, seconded by Councillor Merrithew: RESOLVED that the request to present to Council and to delay the demolition of the Purity Ice Cream Building at 111 City Road, be denied. MOTION CARRIED. 15.3 Cities of New Brunswick Letter Congratulations to Blaine Higgs (Recommendation: Receive for Information) Moved by Councillor Merrtihew, seconded by Councillor MacKenzie: RESOLVED that the letter from the Cities of New Brunswick congratulating Premier Higgs on his re-election, be received for information. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 15 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 17.1 RFP 2020-091004P for Engineering Services: Site Works Fundy Quay Moved by Councillor MacKenzie, seconded by Councillor Casey: RESOLVED that as recommended by the Committee of the Whole, having met on September 28, 2020, that the City reject all Proposals for RFP 2020-091004P Engineering Services: Site Works Fundy Quay in the event that the City does not receive formal written approval of its application for funding on or before the 30th day of September, 2020; said application being dated the 27th day of June, 2019 and submitted under the Integrated Bilateral Agreement for the Investing in Canada Infrastructure Program (ICIP). MOTION CARRIED. 17.2 Chief City Engineer Moved by Councillor MacKenzie, seconded by Councillor Hickey: RESOLVED that as recommended by the Committee of the Whole, having met on September 28, 2020, Common Council approves the appointment of Michael Baker, P.Eng. to assume the position and attendant responsibilities of Chief City Engineer in addition to his newly appointed responsibilities as Director of Engineering effective October 1, 2020. MOTION CARRIED. 17.3 Nominating Committee 68(1)(b) Recommended Appointments to Committees Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that as recommended by the Committee of the Whole, having met on September 28, 2020, Common Council make the following appointments to Committees: Canada Games Foundation: to reappoint Clare Northcott for a 3 year term from September 28, 2020 to September 28, 2023; Heritage Development Board: to reappoint Jamie Watson from December 11, 2020 to December 11, 2023 and to appoint Michael Cummings, Jason Haggerty, and Alana Lawson each for 3 year terms from September 28, 2020 to September 28, 2023; Lord Beaverbrook Arena: to appoint Jeff Bower for a 3 year term from September 28, 2020 to September 28, 2023; Planning Advisory Committee: to appoint Neil Clements for a 3 year term from September 28, 2020 to January 1, 2023; 16 COMMON COUNCIL / CONSEIL COMMUNAL September 28, 2020 / le 28 septembre 2020 Saint John Free Public Library: to reappoint Ben Whitney for a 3 year term from November 29, 2020 to November 29, 2023; and to appoint Jian Zhu for a 3 year term from September 28, 2020 to September 28, 2023; Strategic Planning Steering Committee: to amend the composition of the board from 6 members to 7 members; to appoint Morgan Lanigan, Carrie Tanasichuk and Nicole Fair until the end of the project; and to appoint Don Darling, David Merrithew, Blake Armstrong, and Donna Reardon to the ends of their current terms of Council. MOTION CARRIED. 18. Adjournment Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that the meeting of Common Council held on September 28, 2020 be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 8:50 p.m. 17 /hb/L\[w9thw M&C No. 2020-227 Report Date September 23, 2020 Meeting Date October 13, 2020 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Mobility Service Provider Contract Award OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rick Ouellette Stephanie Rackley-Roach John Collin Kevin Fudge RECOMMENDATION The City Manager recommends that: 1. The City enter into a three (3) year term Enterprise Agreement with Rogers Communications Canada Inc. for the provision of mobility services, which includes voice and data services, and the supply of related mobile devices such as phones, tablets, modems, and Push-to-talk (PTT) devices. (see attached). 2. That the Mayor and Common Clerk be authorized to execute the attached Enterprise Agreement. EXECUTIVE SUMMARY Over the years the City has increasingly relied on mobility services to deliver effective services to our citizens. The Cityagreement with Rogers Communications Canada Inc. expired in September 2020. As permitted under the Procurement Act, the City can leverage Provincial supply agreements for goods and services. The proposed mobility services contract (attached) is for Rogers Communications Canada Inc., the secondary supplier for the Province of New Brunswick. The projected cost over three years is $401,628, with a projected annual savings of $75,745. PREVIOUS RESOLUTION On May 2 2016 12.8 Recommendation to Award Mobile Cellular Voice and Data Services RESOLVED that as recommended by the City Manager in the submitted report M&C 2016-130: Recommendation to Award Mobile Cellular Voice and Data Services, Request for Proposal #RFP15-093-Wireless Voice and Data Services, be awarded to Rogers Communications Inc., for a four (4) year period, with an option to extend the agreement for up to one (1) additional two (2) year period, for an overall maximum contract term of six (6) years; and further that the Mayor and Common Clerk be authorized to execute the necessary documents. REPORT In 2016, the City entered into a three (3) year mobility services contract with Rogers Communications Canada Inc. This agreement expired in September 2020. The City and its Commissions use many mobility devices and a number of mobility services to deliver services to the public. The devices include: Phones, Tablets, Modems, and Push-to-talk (PTT) devices. Over 390 employees use mobility devices and services to collaborate on projects and deliver services. As an example, City employees from the Water Utility can view the health of the water supply and wastewater treatment systems from anywhere. As another example, whether a police officer is in the field or in a cruiser, the officer relies on secure and reliable mobility services to access databases, respond to emergencies, and remain informed of all pertinent activity within the City. Strategically speaking, this is a critical year for ensuring secure, cost-effective, and reliable mobility services. The City faces the challenges of rising costs and the need for a flexible and mobile workforce. In these unprecedented times, there is the potential that employees will require an increased ability to work remotely. Mobile devices are a critical tool in aiding employees to provide effective services to citizens. STRATEGIC ALIGNMENT One of Common fiscal responsibility. Leveraging the Provincial Supply Agreement for mobility services, enables the City to purchase at a lower cost per device and lower recurring charges for the mobility plans. SERVICE AND FINANCIAL OUTCOMES TELUS and Rogers Communications Canada Inc. are the primary and secondary suppliers for the New Brunswick provincial contract. They both expressed interest in offering mobility services to the City. After analyzing cost estimates provided from each vendor, and working with the Supply Chain Management service area, Rogers Communications Canada Inc. is recommended. The projected cost over three years is lower at $401,628, and includes a projected annual savings of $75,745. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counselhas reviewed this agreement. y Chain Management Department were consulted in reviewing the provincial agreement and support the recommendation. ATTACHMENTS 1. Rogers This Agreement is between: CITY OF SAINT JOHN, having an office located at 15 Market Square, Saint John, NB E2L 1E8 Customer) AND ROGERS COMMUNICATIONS CANADA INC., having an office located at One Mount Pleasant Road, Toronto, ON M4Y 2Y5 Rogers). For valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. SCOPE 1.1. Rogers will ducts described in each Schedule attached to, and forming part of, this Agreement from time to time, in accordance with the terms and conditions of this Agreement and any applicable Schedule(s). The Services may be provided by Rogers, its agents or subcontractors, but Rogers shall not be relieved of its obligations by using agents or subcontractors to provide the Services. 2. INTERPRETATION 2.1. DEFINITIONS means the policies, rules and limits that all users (including Customer and the End Users) must adhere to in their use of the Rogers network, Services and Rogers Equipment. The Acceptable Use Policy, as modified from time to time, is available online at Rogers.com/terms. has the same definition as the term is defined in the Canada Business Corporations Act. Confidential Information means, but is not limited to, any information, know how, data, patent, copyright, trade secret, process, technique, program, design, formula, marketing, advertising, financial, commercial, sales or programming matters, customer information, written materials, compositions, drawings, diagrams, computer programs, studies, work in progress, visual demonstrations, ideas, concepts, and other data, in oral, written, graphic, electronic, or any other form or medium whatsoever, which may be exchanged between the Parties. means any material, equipment or software other than the Rogers Equipment. means any persrvices. means hardware, equipment, and related components, including any OEM embedded software and/or firmware. means any network, network facilities or network services, including third party network services used by Rogers to provide Service(s) to Customer. Parties means any individual, natural person, partnership, limited partnership, limited liability partnership, syndicate, sole proprietorship, company or corporation with or without share capital, unincorporated association, joint venture, trust, trustee, executor, administrator or other legal personal representative, regulatory body or agency, government or governmental agency, authority or entity however designated or constituted. means a quote issued by Rogers for Products or Services. A Product Quotation may also be referred to as a Sales or Service Proposal. means the Hardware and/or Software (including any commercially available Software) supplied or licensed to Customer by Rogers under this Agreement and any Schedule attached hereto. Products purchased under this Agreement are subject to the terms and conditions of this Agreement and Agreement #: 00489772.0 Page 1 of 25 Version: May 15, 2016 © 2016 Rogers Communications any additional terms and conditions applicable to the provision of the Product(s) as described in Schedules attached to this Agreement. means any purchase order issued by Customer for Products or Services offered by Rogers, which is accepted by Rogers for fulfillment. means all material, intellectual property, equipment and software required for Customer to use the Services or Products and made available to Customer by Rogers, and any other equipment, including fibre optic cable, patch panels, transport conductors and switching equipment, used by Rogers in the provision of the Services. Rogers Equipment does not include the Products purchased under this Agreement or Customer Equipment. The Rogers Equipment may also be referred to as the Rogers Facilities. means a schedule attached to, and forming part of, this Agreement from time to time, which sets out the additional terms and conditions related to the provision of Services and/or Products to Customer. Both Product Quotations and Purchase Orders are considered a Schedule. Service Services Service Effective Date means a machine executable computer program, software module or software package or any part thereof (in object code only), supplied by Rogers or its licensors to Customer irrespective of how it is stored or executed. means the terms and conditions that prescribe: how Customer will use the Software, the rights of the Software owner or licensor, and the rights of the Software user, in relation to such -- also be referred to as a EULA. means a Third Party End User Licence Agreement entered into between Customer and a third party. 2.2. In this Agreement, the headings are for reference only and will not affect its construction or interpretation. If there is any conflict between the terms of the main body of this Agreement and the Schedules, the terms of the main body of the Agreement will govern unless otherwise expressly provided in writing in a Schedule. 3. FEES AND TAXES 3.1. Fees and Taxes/Payment Terms: Customer shall pay fees for the Services, the Product price, Termination Fees (as defined in Subsection 5.1), and any other amount payable under this Agreement Feesl also pay applicable commodity taxes, and similar taxes levied or assessed by any local and/or government authority, as well as surcharges for foreign taxes or those imposed by third-party providers, withholding tax, and interexchange carrier charges, if any (collectively, Taxesdays of the invoice date. If any legislation authorizes Customer to purchase Services or Products under this Agreement without payment of commodity taxes, Customer agrees to supply Rogers with evidence of such authorization. Fees and Taxes are subject to a late pLate Payment Charge which rate may vary from time to time, calculated daily from the invoice date and compounded monthly, if Fees and Taxes are not paid within 30 days of the invoice date. Customer will be responsible for payment of all costs reasonably incurred by Rogers in collecting or attempting to collect any unpaid Fees or Taxes or Late Payment Charges. 3.2. No Withholding, Deduction or Set-Off: Customer may not withhold or deduct any amounts from, or set-off amounts owed by, Rogers to Customer against any amounts invoiced by Rogers under this Agreement. 3.3. Disputed Charges: Customer shall notify Rogers in writing within 90 days of the date of the applicable invoice of any charges that Customer disputes. If Rogers confirms that those charges should not have been billed or were over-billed, Rogers will credit Customer for those charges. 4. TERM 4.1. Term of the Main Body of this Agreement: MECA Term date it is signed by Customer and it will expire or terminate on the date that the Service Term (as defined in Subsection 4.3) of the last remaining Schedule expires or terminates. Agreement #: 00489772.0 Page 2 of 25 Version: May 15, 2016 © 2016 Rogers Communications 4.2. Term of Each Service Schedule: Each Service will be provided for the period set out in the relevant Initial Service Term Service Term will commence on the Service Effective Date for such Service. 4.3. Renewal Term(s) of Each Schedule: Unless otherwise stated in a Schedule, upon the expiration of the Initial Service Term or any Service Renewal Term, the Schedule will automatically be renewed on the same terms and conditions for consecutive month-to-month renewal period(s) unless Customer or Rogers provides written notice of non-renewal or cancellation to the other at least 30 days in advance. Service Renewal Term and any Service Renewal Term(s) are collectively referred to as Service Term change the Fees for Service Renewal Term by providing Customer with at least 60 days advance written notice of the change. 4.4. Notice of Non-Renewal: Either Party may send to the other Party a written notice, at least 30 days in advance of the expiration of the relevant Service Term that it does not intend to renew a Service or Product. As a result, that Service or Product will be terminated at the end of the then-current Service Term and any terms and conditions relating to the provision of such Service or Product set out in a Schedule will likewise expire. 4.5. Early Provision of Services: If Rogers begins work to provision any Service or Product, or if Rogers delivers any Service or Product, before the start of the MECA Term or the relevant Initial Service Term, all work and services provided by Rogers before either of those dates will be considered to have been provided under all of the terms and conditions of this Agreement including the relevant Schedule(s). 5. TERMINATION 5.1. Early Termination of Service by Customer: Customer may terminate a Service it has requested under Terminated Service o Rogers. If Customer terminates a Service under this Section, Customer shall pay to Rogers all Fees, Taxes and Late Payment Charges due for the Terminated Service up to the date of termination. Customer shall also pay to Rogers the termination charges specified in the relevant Schedule, or if not specified, an amount equal to 100% of the remaining monthly Fees for the Terminated Service that would have been payable to the end of the Service Term (collectively, the Termination Feeses that the Termination Fees are a reasonable estimate of penalty. 5.2. Cancellation of Product by Customer: If Customer cancels an order for Product(s) in full or in part prior to the delivery or performance of the order, a restocking fee of 15% of Product cost, as listed in the applicable Schedule will be charged. Rogers will apply any deposit collected for the cancelled Product(s) order towards the restocking fee. Rogers will not accept for return or refund (i) any purchased software, which will be charged at 100% of the price; (ii) Products that have already been delivered to Customer; (iii) Products that are non-stock, specially ordered or customized; or (iv) Products that have been discounted or sold to Customer at an incentive price. 5.3. Termination for Cause: Either Party may terminate this Agreement or any Services provided hereunder, or Rogers may suspend the Services in whole or in part, in each case, by giving notice in writing to the other Party upon the occurrence of any of the following: (i) the other Party commits a material breach with respect to a material obligation under this Agreement or the applicable Schedule and does not remedy that breach within 30 days after receiving written notice of the breach (Customer Obligations are to be material obligations); or (ii) the other Party enters into a compulsory or voluntary liquidation, or convenes a meeting of its creditors or has a receiver appointed over any part of its assets or takes or suffers any failure to pay any invoiced Fees, Taxes or Late Payment Charges when due is a material breach with respect to a material obligation. Notwithstanding the foregoing, if Rogers materially breaches with respect to a material obligation in the provision of a Service or Product, and Rogers has not remedied that breach within 30 days after receiving written notice of such default, Customer shall only be entitled to terminate the affected Service or Product. 5.4. Additional Termination Rights of Rogers: Rogers may terminate any Service without any liability to Customer if: (i) Rogers decides to cease offering such Service as a generally available service; or (ii) any changes in applicable law, regulation, requirement, rule, ruling, guideline, policy or directive prohibits or Agreement #: 00489772.0 Page 3 of 25 Version: May 15, 2016 © 2016 Rogers Communications adversely affects Rogers ability to provide the Services or to fulfill its obligations hereunder, or (iii) if a notice from a government agency or department indicates Rogers is not permitted to provide any portion or all of the Services to be provided or to operate all or any portion of the Rogers Facilities or Network. 5.5. Charges Payable: On the termination of this Agreement or any Services provided hereunder for any reason, all payments required to be made to Rogers by Customer thereunder, shall be due and payable immediately. Termination of this Agreement or Services will not relieve Customer from any liability which accrued before the termination became effective. Customer will not be required to pay Termination Fees if Customer terminates this Agreement or Services under Subsection 5.3. 6. ROGERS PROPERTY 6.1. Rogers Equipment shall at all times be and remain the exclusive property of Rogers, wherever located, including on Customer premises. Upon termination or expiration of the Agreement or Services, Customer for the loss of or damage to the Rogers Equipment except if caused by the negligence or willful misconduct of Rogers. Customer shall ensure at all times that the Rogers Equipment is stored in a manner and in an environment that conform to relevant specifications provided by Rogers. 6.2. Customer acknowledges it has no right, title or interest in or to any network address or identifier (such as Identifier on reasonable notice to Customer, change the Identifier. Rogers is not obligated to notify any other Party 7. CUSTOMER OBLIGATIONS 7.1. 7.1.1. not resell, remarket, transfer or share any of the Services; 7.1.2. unless provided by Rogers as part of the Service under a Schedule, provide all necessary infrastructure (e.g. power and outlets) and ambient environments required for the safe and efficient operation and maintenance of the Rogers Equipment on Customer premises in accordance with the specifications provided by Rogers and all applicable industry and safety standards; 7.1.3. unless provided by Rogers as part of the Service under a Schedule, be responsible for the supply (including obtaining necessary licenses and authorizations), installation and maintenance of Customer Equipment at each site that is necessary to receive the Services. Customer shall ensure that Customer Equipment is (i) installed, maintained, secured and stored in a manner and an environment that conform to the manufacturer's specifications and any specifications provided by Rogers, and (ii) compatible with the Rogers Equipment; 7.1.4. obtain and maintain all third party licenses, authorizations, permissions and consents necessary to permit Rogers prom 7.1.5. not reproduce, change or tamper with or to allow anyone else to tamper with a serial number (ESN), mobile identification number (MIN), International Mobile Equipment Identity (IMEI) number, International Mobile Subscriber Identity (IMSI) number and/or the Subscriber Identity Module (SIM) number, as the case may be; 7.1.6. approved by Rogers; 7.1.7. at all times, use the Services in compliance with all laws, and all applicable Rogers policies, including the Acceptable Use Policy, the IP Address Policy, the Privacy Policy (each of which is available at rogers.com/terms), and any Software License and shall not use nor permit usage of any Service for any improper use; and 7.1.8. maintain the minimum commitment levels for billing, volume or usage, if any, as set out in a Minimum Commitment Schedule related to the failure to meet any Minimum Commitment. Agreement #: 00489772.0 Page 4 of 25 Version: May 15, 2016 © 2016 Rogers Communications 8. LIMITATION OF LIABILITY Any limitation of liability that applies to Rogers in this section shall also apply to the directors, officers, Affiliates, contractors and agents of Rogers. 8.1. LIABILITY FOR DAMAGES (collectively, Damagesof or in connection with this Agreement or the provision of Products or Services under this Agreement, whether arising in negligence, tort, statute, equity, contract, common law, or any other cause of action or legal theory even if Rogers has been advised of the possibility of those damages, is limited to direct, actual, provable Damages and will in no event exceed an amount equal to (i) for Services, the total aggregate monthly fees during the three month period before the event giving rise to the Damages, less all discounts and credits and amounts paid for previous Damages for such Service, if any, for the specific Service(s) that gave rise to the Damages or (ii) for Products, 50% of the total purchase price paid by Customer for the Product(s) giving rise to the Damages. 8.2. NO LIABILITY FOR CERTAIN DAMAGES lost profits, loss of data, economic loss, down time costs, costs of substitute goods or services, lost goodwill, loss from work stoppage, cost of overhead, loss of anticipated benefits hereunder, or any indirect, incidental, consequential, special or exemplary or punitive damages of any kind. 8.3. REMEDIES All of CustService obligations, including in each case, any credits, refunds or rights of termination, are set out in the relevant schedule. These rights and remedies are subject to the limitations of liability set out in this section 8 and are the only remedies for failure in respect of a Service obligation. 9. INDEMNITY Customer shall defend and indemnify Rogers, its parents, successors, Affiliates and agents from any claims, damages, losses or expenses (including without limitation legal fees and costs) incurred by Rogers in connection with all claims, suits, judgements, and causes of action (i) for infringement of patents or other proprietary rights arising from combining with or using any device, system or service in connection with Rogers Equipment; (ii) for libel, slander, defamation or infringement of copyright or other proprietary right with respect to material transmitted by Customer over the Rogers Equipment; or (iii) injury, death or property damage arising in connection with the misuse of the Services or the Rogers Equipment. 10. CONFIDENTIAL INFORMATION 10.1. Confidential Information shall not be reproduced in any form except as required by the receiving Party to perform its obligations under this Agreement, a Schedule attached hereto and/or a Product Quotation. Any reproduction of any Confidential Information of the other shall remain the property of the disclosing Party and shall contain any and all confidential or proprietary notices or legends which appear on the original. 10.2. Each Party: (i) shall take those steps the receiving Party takes to protect its own similar proprietary and confidential information, which shall not be less than a reasonable standard of care, to keep all Confidential Information strictly confidential; and (ii) shall not disclose any Confidential Information of the other to any person other than those individuals whose access is necessary to enable Customer to exercise its rights hereunder. 10.3. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that: (a) is independently developed by the receiving Party without reference to ird party having the right to furnish such Confidential Information; (c) has become generally available to the public without breach of this Agreement by the receiving Party; (d) at the time of disclosure, was known to the receiving Party free of restriction; (e) the disclosing Party agrees in writing is free of such restrictions; or (f) is required to be disclosed by law (court order or statutory requirement) provided that the receiving Party shall, if not prohibited by law, give the disclosing Party prompt written notice sufficient to allow the Agreement #: 00489772.0 Page 5 of 25 Version: May 15, 2016 © 2016 Rogers Communications disclosing Party to seek a protective order or other appropriate remedy, and shall, to the extent practicable, consult with the disclosing Party in an attempt to agree on the form, content, and timing of such disclosure. In the event of a legally required disclosure, the receiving Party shall only disclose such Confidential Information as is required, in the opinion of its counsel, and shall use commercially reasonable efforts to obtain confidential treatment for any Confidential Information that is so disclosed. 10.4. Unless Customer provides express consent or disclosure is pursuant to a legal power, all information is confidential and may not be disclosed by Rogers to anyone other than: (i) Customer; (ii) a person who, company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; (iv) a company involved in supplying Customer with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; (v) an agent retained by Rogers in the er administrative functions for us, provided the information is required for and used only for that purpose; (vi) a law enforcement agency whenever Rogers has reasonable grounds to believe that Customer has knowingly supplied Rogers with false or misleading information or are otherwise involved in unlawful activities directed against Rogers; (vii) an for and is to be used only for that purpose; (viii) a public authority or agent of a public authority, if in avoided or minimized by disclosure of the information. Express consent may be taken to be given by Customer where Customer provides: (i) written consent; (ii) oral confirmation by an independent third party; (iii) electronic confirmation through the use of a toll-free number; or (iv) electronic confirmation via the Internet. Customer consents to Rogers disclosing Customer information to the CRTC as required for the CRTC to approve any filings related to the Services. 11. PRIVACY OF COMMUNICATION Customer acknowledges that it may be possible for third parties to monitor communications while Customer uses the Services. Customer assumes full responsibility for the establishment of appropriate security measures to control access to its equipment and to the information transmitted by Customer. In addition, Customer acknowledges and agrees that Customer is solely responsible for taking the necessary precautions to protect its networks and systems, and all software, data and files stored on or otherwise forming part of inst unauthorized access by its employees or any third party, and that such responsibility includes, without limitation, protection against unauthorized access through the Services. Rogers will not be liable for any claims, losses, actions, damages, suits or proceedings whatsoever resulting from, arising out of or otherwise relating to data and files stored on or otherwise forming part of its network and systems, against unauthorized 12. THIRD PARTY APPLICATIONS As between Rogers and Customer, Customer shall have total responsibility for its purchase and/or use of any applications, software, content, data query functions and other services produced, manufactured or performed by third parties for installation on the Hardware and/or for use in connection with the Software or Services together with any maintenance and support rThird Party Services), whether offered by such third parties, Rogers or a separate third party. The parties acknowledge that in certain instances where Third Party Services are offered, directly or indirectly, by Rogers, Rogers may invoice Customer with respect to such Third Party Services. Rogers shall have no responsibility hereunder to correct or fix any problems or errors relating to or caused by the installation, configuration, modification or use of any Third Party Services or any components thereof and the installation and/or use of Third Party Services shall be at the sole risk of Customer. 13. SUSPENSION OF SERVICES Agreement #: 00489772.0 Page 6 of 25 Version: May 15, 2016 © 2016 Rogers Communications Rogers has the right to suspend all or part of the Services or access to the Services immediately if Rogers reasonably suspects or determines that there is a malfunction, abuse, incorrect configuration or use of the Products, the Services, the Third Party Services, the Rogers Equipment or Network, to maintain or improve service, if Customer is in breach of any of their obligations under this Agreement, or for other business reasons. Rogers shall keep all suspensions to a minimum and shall give Customer prior notice of such suspensions where reasonably practicable. 14. WARRANTIES 14.1. WARRANTY OF PRODUCTS Rogers shall pass on the benefit of any warranties it receives from the Product manufacturer to Customer. Customer acknowledges that any attempt to repair, service, or tamper with the Products by a person other than Rogers or the applicable manufacturer may invali may result in an impaired user experience. Any out-of-warranty maintenance and support services, if any, will be dealt with through a Product Quotation. 14.2. WARRANTY OF SERVICES Rogers warrants that it shall perform its Services in a professional and workman-like manner. 14.3. DISCLAIMER Except as expressly stated herein, Rogers disclaims all warranties, express, implied or statutory, including without limitation, and any implied warranties of merchantability or fitness for a particular purpose. Customer acknowledges that Rogers does not warrant (i) uninterrupted or error-free Services, or (ii) the content, availability, accuracy or any other aspect of any information including all data, files and all other information or content in any form, accessible or made available to or by Customer or End Users through the use of the Services. During a Service Term, Rogers may migrate a Service to an alternative service or technology as long as the alternative service or technology provides similar functionality as the changes in the Services affect the performance of equipment, hardware or software other than the Rogers Equipment or cause it to become obsolete or require modification or attention. Rogers shall interrupt the Services, as may be specified in the Service Schedules or in case of emergency, in order to provide maintenance in respect of the Services. 15. RISK OF LOSS Customer assumes the risks of loss and damage to any Product that has been delivered to its premises. Upon delivery, Rogers shall be considered to have carried out its obligations relating to the Product(s) under the terms of this Agreement. The Product is then billable to Customer. By installing or using Products, Customer agrees that software included with the Product purchase is licensed strictly in accordance with OEM 16. DATA MONITORING Roger has no obligation, but has the right at any time and from time to time, to monitor use of the Services (electronically or otherwise) as necessary to satisfy any law, regulation or investigate any information, data, files, pictures or content in any form or use of Services as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Products and Services. Such monitoring shall include but not be limited to bandwidth consumption and how it affects operation and efficiency of the network and Rogers Services. 17. CONTENT Customer acknowledges that there is some content accessible through the Services that may be offensive to Customer or an end user, or that may not be in compliance with applicable law. Customer acknowledges that Rogers does not own or have any control over the availability, accuracy or any other aspect of any third-party content in any form or any type accessible or that may be made available to or by Customer or its end users through the use of the Services. Agreement #: 00489772.0 Page 7 of 25 Version: May 15, 2016 © 2016 Rogers Communications 18. PUBLICITY Neither Party shall use the name of the other Party in publicity, advertising, or similar activity, without the prior written consent of the other. 19. RELATIONSHIP OF THE PARTIES Each of the parties are independent contractors. Nothing herein shall be construed to place the parties in a relationship of principal and agent, partners or joint venturers, and neither Party shall have the power to obligate or bind the other Party in any manner whatsoever. 20. SITE PREPARATION, INSTALLATION AND IMPLEMENTATION Unless otherwise agreed in a Product Quotation, Customer will be responsible for the preparation of each delivery site for the installation/implementation of the Hardware and/or Software. 21. COUNTERPARTS This Agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. 22. SEVERABILITY If any provision of this Agreement is illegal or unenforceable, that provision shall be considered separate and severable from the remaining provisions of this Agreement and the remaining provisions shall remain in force. Amendments shall be made to this Agreement to put the Party who is disadvantaged by such illegality or unenforceability in the same financial position as if no provision were illegal or unenforceable. The parties will immediately negotiate in good faith a replacement for any such provision in order to preserve the interests of the parties to the extent permitted by law. If the parties are unable to agree on an amendment, such amendment shall be determined by a Court or Arbitral Tribunal, as applicable. 23. ENTIRE AGREEMENT This Agreement, along with any related Schedule(s), if any, constitute the entire understanding between the parties with respect to the subject matter of this Agreement and there are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, expressed or implied, affecting this instrument which are not expressly set forth herein. This Agreement supersedes all prior agreements, understandings, commitments, undertakings, proposals, representations, negotiations and discussions on the subject matter, whether written or oral. The terms and conditions of any order form, purchase order or invoice shall incorporate only the terms and conditions of this Agreement and the terms and conditions contained in this Agreement shall supersede any conflicting terms and conditions contained in any such order form, purchase order or invoice. This Agreement may not be amended without the written and signed agreement of both parties. 24. ASSIGNMENT Customer shall not assign this Agreement or any part of it without the prior written consent of Rogers. 25. GOVERNING LAW AND ARBITRATION 25.1. GOVERNING LAW The Agreement is governed by the laws in force in the province of New Brunswick, and the laws of Canada applicable therein, and is subject to the exclusive jurisdiction of the courts of such province. The Customer and Rogers both waive trial by jury. 25.2. ARBITRATION Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise) arising out of or relatDispute arbitration to the exclusion of the courts. Arbitration is conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action. Customer and Rogers each pay half of all reasonable costs associated with that arbitration. Customer must notify Agreement #: 00489772.0 Page 8 of 25 Version: May 15, 2016 © 2016 Rogers Communications Rogers of a Dispute in writing at: legal.notices@rci.rogers.com. Arbitration is conducted by one arbitrator and is governed by the laws referred to in Section 25.1. 26. DEPOSIT AND CREDIT CHECK Each credit assessment will deter which are availa time. Notice will be given for any assignment of or change to the credit amount limit. Customer hereby authorizes Rogers to obtain information about the credit history of Customer and acknowledges that any time during the MECA Term a credit review reveals Customer as non-creditworthy, Rogers may require Customer to provide a deposit or require a change to payment terms. If Customer fails to provide Rogers with such a deposit or fails to honour revised payment terms, Rogers may either suspend or terminate the Agreement ll be maintained as security for 27. NOTICE All notices given under this Agreement shall be in writing and will be deemed to have been duly delivered, effective upon receipt if couriered, hand delivered or emailed with return receipt requested, or effective 3 business days after being deposited, postage prepaid, return receipt requested, in the mail and sent to the following addresses: If to Customer at the address listed on page one of this Agreement If to Rogers at Rogers Communications Canada Inc., One Mount Pleasant Road, Toronto, ON M4Y 2Y5, Attention: VP, National Sales, Facsimile: (416) 935-7505; with a copy to: Attention: Legal Department, Email: legal.notices@rci.rogers.com Any Party may at any time give notice in writing to the other Party of any change of the address for notice. 28. THIRD PARTY BENEFICIARIES Except as otherwise specifically stated in this Agreement, the provisions of this Agreement are for the benefit of the parties hereto and not for any other person. 29. FORCE MAJEURE Other than with respect to the payment of Fees and Taxes and other amounts to Rogers, in no event shall either Party have any liability for failure to comply with this Agreement, if such failure results from the occurrence of any contingency beyond the reasonable control of the Party including, without limitation, strike or other labour disturbance, damage to facilities, riot, theft, fires, flood, lightning, storm, any act of God, power failure, war, national emergency, interference by any government or governmental agency, embargo, seizure, or enactment of any law, statute, ordinance, rule, or regulation. 30. WAIVER OF DEFAULT Waiver by either Party of any default by the other Party shall not be deemed a continuing waiver of such default or a waiver of any other default. 31. LANGUAGE The parties hereto have required that this Agreement and all documents or notices resulting therefrom or ancillary thereto be drawn up in the English language. Les parties aux présentes ont demandé que ce contrat et tous les documents ou avis en résultant ou y étant associés soient rédigés en anglais. 32. HEADINGS/GENDER The headings of all articles or sections herein are inserted for convenience of reference only and shall not affect the construction or interpretation hereof. Except where the context otherwise indicates, words importing the singular number only shall include the plural, and vice versa, and words importing the masculine gender shall include the feminine gender. Agreement #: 00489772.0 Page 9 of 25 Version: May 15, 2016 © 2016 Rogers Communications 33. SURVIVAL All provisions that logically ought to survive termination of this Agreement shall survive. The following individual is hereby identified by the Customer as the primary Customer contact for the purposes of : Business Authorized User Name Rick Ouellette Business Authorized User Title Manager, IT & Cyber Security Business Authorized User Email rick.ouellette@saintjohn.ca The Parties, by their duly authorized representatives, acknowledge having reviewed and understood the terms and conditions set out herein. City of Saint John Rogers Communications Canada Inc. Per: \\s1\\ Per: \\s3\\ Name: \\n1\\ Name: \\n3\\ Title: \\t1\\ Title: \\t3\\ Signature Date: \\d1\\ Signature Date: \\d3\\ City of Saint John Rogers Communications Canada Inc. Per: \\s2\\ Per: \\s4\\ Name: \\n2\\ Name: \\n4\\ Title: \\t2\\ Title: \\t4\\ Signature Date: \\d2\\ Signature Date: \\d4\\ Agreement #: 00489772.0 Page 10 of 25 Version: May 15, 2016 © 2016 Rogers Communications Custom Wireless Services PRODUCT SCHEDULE The following Custom Wireless Services are offered to the Customer for a three (3) year Initial Service Term, beginning on the Service Effective Date for the Custom Wireless Pricing. The Custom Wireless Services have the following subsidized and unsubsidized core price plans to which additional options and features may be added. Custom Voice Plan Custom Flex Data Add-on Plan Data Only Plans (unsubsidized only) Roam Like Home Roaming Plan The standard inclusions of each of the core price plans are described in the tables below. Custom Wireless Services Custom Voice Plan Charge for Charge for Subsidized Minutes BYOD Pooling / Voice Services Included Fee for Service Device Included (unsubsidized Overage (2 year Line Device) Term) Monthly Service Fee includes: Cross-Canada Local Voicemail Call Display Call Waiting Call Forwarding 3 Way Conference Call Group Internal Government Calling (within Customer numbers) Unlimited SMS incoming + outgoing in Canada Voice Only Monthly Services Fee Unlimited $5.00 $7.00 Unlimited (Basic subsidy) Long Distance Rate per Minute: Incl. Incl. Incl. Within New Brunswick Incl. Incl. Incl. Canada to Canada Incl. Incl. Incl. Canada to US Per $0.10 $0.10 $0.10 No US to Canada minute pooling Monthly Suspension Rate per No cost, months No cost, months in No cost, months device - Any given Line can be in suspension will suspension will be in suspension will suspended once a year for up to 6 be added to Line added to Line Term be added to Line consecutive months. Term Term Agreement #: 00489772.0 Page 11 of 25 Version: May 15, 2016 © 2016 Rogers Communications Custom Flex Data Add-on Custom Flex Data Add-on to the Custom Voice Plan above Charge for Charge for Data Fee for BYOD Pooling / Data Add Ons Subsidized Device Included Service (unsubsidized Overage (2 year Line Term) Device) Monthly Services Fee for Flat Rate 1GB NA $8.88 $16.88 No pooling Flex for Tier 1 low volume Data Usage to next tier Monthly Services Fee for Flat Rate 3GB NA $14.00 $22.00 No pooling Flex for Tier 2 medium volume Data to next tier Usage Monthly Services Fee for Flat Rate 6GB NA $17.00 $25.00 No pooling Flex for Tier 3 high volume Data Usage to next tier Monthly Services Fee for Flat Rate Unlimited NA $37.00 $45.00 Fair Usage for Tier 4 unlimited Data Usage* Policy (*) ΛΫΜ CğźƩ ƭğŭĻ tƚƌźĭǤʹ ƚ ĻƓƭǒƩĻ ƷŷĻ /ǒƭƷƚƒĻƩ ĻƓƆƚǤƭ ƚƦƷźƒğƌ ĻǣƦĻƩźĻƓĭĻ ƚƓ ƷŷĻ ğƭ źƒƦƌĻƒĻƓƷĻķ ğ CğźƩ ƭğŭĻ tƚƌźĭǤ͵ CƚƩ ķğƷğ ĭƚƓƭǒƒƦƷźƚƓͲ ƷŷĻ CğźƩ ƭğŭĻ tƚƌźĭǤ ƭƦĻĭźŅźĻƭ ƷŷğƷ źŅ ğ /ƚƩƦƚƩğƷĻƌǤ tğźķ \[źƓĻ ĻǣĭĻĻķƭ ЎЉD. ƚŅ ķğƷğ ǒƭğŭĻ ŅƚƩ ƷǞƚ ΛЋΜ ƚǒƷ ƚŅ ƷŷƩĻĻ ΛЌΜ ĭƚƓƭĻĭǒƷźǝĻ ƒƚƓƷŷƭͲ wƚŭĻƩƭ Ǟźƌƌ ƓƚƷźŅǤ ƷŷĻ /ǒƭƷƚƒĻƩ ğƓķ ƷŷĻ /ǒƭƷƚƒĻƩ Ǟźƌƌ ĬĻ ƩĻƭƦƚƓƭźĬƌĻ ŅƚƩ ĭƚƓƷğĭƷźƓŭ ƷŷĻ ĻƓķΏǒƭĻƩ ƚŅ ƷŷĻ /ƚƩƦƚƩğƷĻƌǤ tğźķ \[źƓĻͲ ğƭ ğƦƦƌźĭğĬƌĻͲ Ʒƚ ƩĻΏĻƓŅƚƩĭĻ ƷŷĻ CğźƩ ƭğŭĻ tƚƌźĭǤ ğƓķ ğƷƷĻƒƦƷ Ʒƚ ķĻƷĻƩƒźƓĻ źŅ ƷŷĻ ǒƭğŭĻ ĬǤ ƷŷĻ ĻƓķΏǒƭĻƩ źƭ ƩĻƨǒźƩĻķ ŅƚƩ ĬǒƭźƓĻƭƭ ƦǒƩƦƚƭĻƭ͵ /ǒƭƷƚƒĻƩ Ǟźƌƌ ğƷƷĻƒƦƷ ƚƓ ğ ĬĻƭƷ ĻŅŅƚƩƷƭ Ĭğƭźƭ Ʒƚ ƒźƓźƒźǩĻ ğƓǤ ĻǣĭĻƭƭźǝĻ ǒƭğŭĻ ƷŷğƷ źƭ ƓƚƷ ƩĻƨǒźƩĻķ ŅƚƩ ĬǒƭźƓĻƭƭ ƦǒƩƦƚƭĻƭ͵ Data Only Plans Data Only Plans: (Not attaching to voice plan, standalone data) Fee for Flat Rate Flat Rate Pooling / Data Plans MB Incl. Service (BYOD) Subsidized Overage IOT Data Only Device Monthly Services Fee for 5MB n/a $3.87 NA Pooled low volume Data Usage (pooled) pooled ($0.02 per MB Not eligible for RLH overage) Monthly Services Fee for Flex plans for Turbo 1GB $10.00 $15.00 Flex sticks, Tablet, Turbo Hub, Modems etc (not smart 3GB $14.00 $19.00 Flex phones) (no pooling) 6GB $18.00 $23.00 Flex Unlimited $30.00 $40.00 Fair Usage Policy (*) Rate per Megabyte for US Data Roaming (where Per MB $0.10 $0.10 $0.10 n/a the Customer does not activate Roam Like Home roaming on a Line) Rate per Megabyte for International Data Per MB Zone 2: $0.50 n/a Roaming (where the Customer does not activate Zone 3: $1.00 Roam Like Home roaming on a Line) Zone 4: $10.00 ΛΫΜ CğźƩ ƭğŭĻ tƚƌźĭǤʹ ƚ ĻƓƭǒƩĻ ƷŷĻ /ǒƭƷƚƒĻƩ ĻƓƆƚǤƭ ƚƦƷźƒğƌ ĻǣƦĻƩźĻƓĭĻ ƷǞƚƩƉͲ wƚŭĻƩƭ ŷğƭ źƒƦƌĻƒĻƓƷĻķ ğ CğźƩ ƭğŭĻ tƚƌźĭǤ͵ CƚƩ ķğƷğ ĭƚƓƭǒƒƦƷźƚƓͲ ƷŷĻ CğźƩ ƭğŭĻ tƚƌźĭǤ ƭƦĻĭźŅźĻƭ ƷŷğƷ źŅ ğ /ƚƩƦƚƩğƷĻƌǤ tğźķ \[źƓĻ ĻǣĭĻĻķƭ ЎЉD. ƚŅ ķğƷğ ǒƭğŭĻ ŅƚƩ ƷǞƚ ΛЋΜ ƚǒƷ ƚŅ ƷŷƩĻĻ ΛЌΜ ĭƚƓƭĻĭǒƷźǝĻ ƒƚƓƷŷƭͲ wƚŭĻƩƭ Ǟźƌƌ ƓƚƷźŅǤ ƷŷĻ /ǒƭƷƚƒĻƩ ğƓķ ƷŷĻ /ǒƭƷƚƒĻƩ Ǟźƌƌ ĬĻ ƩĻƭƦƚƓƭźĬƌĻ ŅƚƩ ĭƚƓƷğĭƷźƓŭ ƷŷĻ ĻƓķΏǒƭĻƩ ƚŅ ƷŷĻ /ƚƩƦƚƩğƷĻƌǤ tğźķ \[źƓĻͲ ğƭ ğƦƦƌźĭğĬƌĻͲ Ʒƚ ƩĻΏĻƓŅƚƩĭĻ ƷŷĻ CğźƩ ƭğŭĻ tƚƌźĭǤ ğƓķ ğƷƷĻƒƦƷ Ʒƚ ķĻƷĻƩƒźƓĻ źŅ ƷŷĻ ǒƭğŭĻ ĬǤ ƷŷĻ ĻƓķΏǒƭĻƩ źƭ ƩĻƨǒźƩĻķ ŅƚƩ ĬǒƭźƓĻƭƭ ƦǒƩƦƚƭĻƭ͵ /ǒƭƷƚƒĻƩ Ǟźƌƌ ğƷƷĻƒƦƷ ƚƓ ğ ĬĻƭƷ ĻŅŅƚƩƷƭ Ĭğƭźƭ Ʒƚ ƒźƓźƒźǩĻ ğƓǤ ĻǣĭĻƭƭźǝĻ ǒƭğŭĻ ƷŷğƷ źƭ ƓƚƷ ƩĻƨǒźƩĻķ ŅƚƩ ĬǒƭźƓĻƭƭ ƦǒƩƦƚƭĻƭ͵ Agreement #: 00489772.0 Page 12 of 25 Version: May 15, 2016 © 2016 Rogers Communications Roam Like Home Roaming Plan: (2)(4) Roaming Options Inclusions Overage Roam Like Home Destinations All Roam Like Home Destinations listed below at a charge of ($0 RLH add-on) $12.00 per day for United States and $20.00 per day for all other N/A Roam Like Home Destinations United States: Voice Individual Add-on $20 Unlimited Voice Minutes Overage Rate: (only available for customers with Static N/A 3 IP service) United States: Data Individual Add-on $0: 0 2 MB Overage Rate: (only available for customers with Static $25: 3 MB 250 MB $50 / 1 GB 3 IP service) $50: 251 MB 1 GB United States: SMS Individual Bucket $0: 0 SMS Overage Rate: (only available for customers with Static $5 Unlimited SMS N/A 3 IP service) Zone 2: Voice Individual Add-on $0: 0 Minutes Overage Rate: $40: 1 100 Minutes $40 / 100 Min Zone 2: Data Individual Add-on $0: 0 2 MB Overage Rate: $40: 3 300 MB $60 / 600 MB $60: 301 600 MB Zone 3: Voice Individual Add-on $0: 0 Minutes Overage Rate: $40: 1 50 Minutes $40 / 50 Min Zone 3: Data Individual Add-on $0: 0 2 MB Overage Rate: $40: 3 50 MB $40 / 50 MB Zone 4: Voice Individual Add-on $0: 0 Minutes Overage Rate: $50: 1 25 Minutes $50 / 25 Min Zone 4: Data Individual Add-on $0: 0 2 MB Overage Rate: $65: 3 25 MB $65 / 25 MB Zone 2, 3 and 4: SMS Individual Add-on $0: 0 SMS Overage Rate: $10: 1 500 SMS $10 / 500 SMS Pay per use destinations (those that are Rogers then-current pay-per-use rates. not a Roam Like Home Destination, nor For more information, please visit: part of Zone 2, Zone 3 or Zone 4) https://www.rogers.com/web/content/add-ons#/travel 2 = Individual data add-ons include 2 free MB of data at $0 to account for any accidental roaming that may occur. 3 = Static IP is a solution that combines a Public Access Point Name (APN) with Static IP addresses for companies requiring a permanent IP address on their data devices. 4 = Any voice or SMS roaming on a data only / MBB plan will result in pay-per-use overages. Please visit https://www.rogers.com/web/content/add-ons#/travel to find the applicable rates based on country of travel. Optional Add-ons Optional Add-ons Product / Services Name Unit List Price Disc. Charges Premium Voicemail to Text Per Line $4.00 0% $4.00 per month International Long Distance Super Saver Per Line $5.00 0% $5.00 per month Push to Talk with 500 MB Data Per device $10.00 0% $10.00 per month Apple Business Manager (for iPhones) Per Device $20.00 100% $0.00 Apple Business Manager (for iPads) Per Device $20.00 100% $0.00 Agreement #: 00489772.0 Page 13 of 25 Version: May 15, 2016 © 2016 Rogers Communications Terms and Conditions The following terms and conditions apply to the Custom Wireless Services: 1. Extended Coverage. Extended Coverage is meant to provide additional wireless coverage within Canada, outside of the Rogers Wireless Network, without incurring roaming charges. Extended Coverage is intended for occasional use; the majority of a Customer end-thly usage (voice, data and SMS) must occur on the Rogers Wireless Network. If the majority of a Customer end-y usage occurs within Extended Coverage areas, Rogers may restrict or limit the Customer end-uso Extended Coverage on an ongoing basis. Further, where Rogers identifies that the Customs usage while utilizing Extended Coverage is excessive, Rogers reserves the right to charge the Customer a reasonable fee for such excessive usage, or, alternatively, to block such Custome-user from utilizing Extended Coverage going forward. A Custevice will always connect to the Rogers Wireless Network if it is available. Once a Customer end-user has left the Rogers Wireless Network and has entered an Extended Coverage area, the end-evice will automatically connect to Extended Coverage. If the Customer end-user is on a call when they enter an Extended Coverage area, the call will drop. Once EXT appears on the end-useevice screen, they can call back to complete their call. A few enhanced features may not be available while in an Extended Coverage area, including: Call Display / Name Display 4-1-1 Directory Assistance Call Completion Pound numbers (#) and short codes N-1-1 codes: 2-1-1 Community Information 3-1-1 Non-Emergency Municipal Government 5-1-1 Weather & Traveler Information 7-1-1 Access to Message Relay Service (MRS) by the deaf 8-1-1 Non-urgent Health Teletriage Services Please note that Rogers and its roaming partners may, without notice, change geographical coverage areas. Rogers is not liable to the Customer for any loss suffered as a result of any disruptions or outages to Extended Coverage, or as a result of any changes to Extended Coverage areas. 2. Wi-Fi Calling. Wi-Fi Calling enables the Customer end-user to use a compatible Rogers Device to make and receive phone calls, and send and receive messages, over a Wi-Fi Network. This means the Customer end- user would still be able to call and text even in areas where the Rogers Wireless Network coverage is limited, such as office buildings, factories and plants, as long as the device is configured to use a Wi-Fi connection. The end-user needs to enable Wi-Fi Calling on their compatible Rogers Device, accepting the Terms & Conditions and registering an emergency 9-1-1 address for emergency calls. There is no additional fee to use this feature and, in most cases, when Wi-Fi Calling is enabled and the end-user has access to both Wi-Fi Calling and a mobile network, the device will automatically default to use Wi-Fi Calling. This applies both when the end-user is within Canada and when roaming outside of Canada. A list of eligible devices and more details about this feature are available at www.rogers.com/wificalling. If the Customer end-user uses Wi-Fi Calling while outside of Canada, the following will be deducted from the wireless plan without incurring any long distance or roaming charges: Incoming calls and text messages received from anywhere in the world. Outgoing calls and text messages made or sent to a Canadian number. Roaming and/or long distance charges will vary depending on the roaming option the Customer has on the account. If the Customer has Roam Like Home, outgoing Wi-Fi Calling calls or text messages made to a non- Canadian number will trigger the Roam Like Home daily charge. If the end-user has already incurred this charge, then all outgoing Wi-Fi Calling calls, and text messages made or sent during the period for which the charge was incurred will be covered under the initial Roam Like Home charge. If the Customer has Flex Roaming, all outgoing Wi-Fi Calling calls and text messages to a non-Canadian number will be deducted from the tiers according to the country Zone. If the end-user exceeds the limit on a specific tier, overage rates outlined in the agreement will apply. IMPORTANT: WI-FI CALLING HAS DIFFERENCES AND UNIQUE LIMITATIONS OF 9-1-1 EMERGENCY SERVICES. PLEASE REVIEW ALL LIMITATIONS ON YOUR DEVICE WHEN YOU ENABLE THE FEATURE PRIOR TO ACTIVATION. IF YOU DO NOT AGREE, DO NOT ENABLE THE FEATURE. To learn more, please visit www.rogers.com/911. Agreement #: 00489772.0 Page 14 of 25 Version: May 15, 2016 © 2016 Rogers Communications 3. IMPORTANT INFORMATION ABOUT THE DIFFERENCES AND UNIQUE LIMITATIONS OF 9-1-1 EMERGENCY SERVICE ASSOCIATED WITH YOUR SMARTWATCH OR OTHER ESIM-ENABLED DEVICE. PLEASE READ CAREFULLY. By using a smartwatch or other eSIM-enabled Dev-enabled Device) for voice calls, the Customer acknowledges and agrees to the information in this section regarding the limitations of using such eSIM-enabled Device for dialing 9-1-1. If the Customer is not comfortable with these limitations, Rogers recommends not using an eSIM-enabled Device, or consider an alternate means for accessing traditional 9-1-1 emergency services. Rogers recommends that the user of an eSIM-enabled Device keep an alternative phone service handy to increase the reliability of access to emergency services during any service interruption. Note: A smartwatch cannot support emergency calls made outside of Canada or the United States. The user of a eSIM-enabled Device must ensure they are connected to a mobile network when attempting to make an emergency call outside of Canada or the United States to be routed to the nearest emergency services. The Customer agrees to inform all Customer employees or users who activate an eSIM-enabled Device through the Customer of the following limitations and requirements. A. 9-1-1 Emergency Address. When an eSIM-enabled Device is first activated, the user of such Device will be asked to provide the full address for their most likely location -1-1 Emerg Each user may only register one (1) 9-1-1 Emergency Address and it must be a location in Canada or the United States. If a U.S address is entered, it must not be used for more than six (6) months of any given calendar year. If the Customer fail to comply with this requirement or Rogers suspects the Customer or its users have provided false, inaccurate or incomplete location information, Rogers has the right to restrict the Cu user(s) current and/or future ability to use their eSIM-enabled Device. Rogers will not, however, disable the ability to place a 9-1-1 call during any such restriction. B. Placing 9-1-1 Calls. If a Customer user dials 9-1-1 from a traditional wireless Device, the call will attempt to route over the mobile network, to the proper Public Safety Answering Point (PSAed on the location the call is placed from. If a Customer user dials 9-1-1 from an eSIM-enabled Device, the call will try to route over the cellular network if such network is available to complete the call as a Wireless E9-1-1 call, providing a more enhanced 9-1-1 service. When the cellular network is unavailable, the call routes to a specialized emergency call centre that will transfer the call to the correct PSAP by using the 9-1-1 Emergency Address specified by the Customer user or based on the location the Customer user has provided to the 9-1-1 operator. The Customer user must immediately inform the 9-1-1 operator of their location (or the location of the emergency, if different) if they are able to do so. It is important that the Customer user does not hang up unless directly told to do so, and if disconnected, immediately dials 9-1-1 again. The Customer user should also be prepared to provide their call-back number to the 9-1-1 operator. If a Customer user dials 9-1-1 and the connection is lost, the call to 9-1-1 will drop and the specialized emergency call centre and/or PSAP may not have any method of re- connecting with the caller. If this occurs, the Customer user must dial 9-1-1 again. If the Customer user disables the cellular radio on an eSIM-enabled Device, they may be prompted to enable the cellular signal to complete the 9-1-1 call. The option to enable the cellular radio to complete a 9-1-1 call as a wireless E9-1-1 call should always be selected. C. Accuracy of 9-1-1 Information. The Customer agrees, and must ensure that the Customer users agree to provide true, accurate, current and complete 9-1-1 Emergency Address and other information to Rogers, and is responsible for maintaining and updating the 9-1-1 Emergency Address associated with each eSIM-enabled Device. If the Customer user does not update their 9-1-1 Emergency Address and does not correctly identify the location of the emergency, 9-1-1 calls made using an eSIM-enabled Device, the call will be routed based on the previously provided 9-1-1 Emergency Address and therefore may be routed to the incorrect PSAP for the emergency location. If the Customer user is unable to speak, the dispatcher may not be able to locate the caller if the Customer user has failed to update their 9-1-1 Emergency Address. The Customer user(s) may update their 9-1-1 Emergency Address in the settings section of an eSIM-enabled Device. During certain periods, updates to the 9-1-1 Emergency Address may not be reflected instantly (e.g., during IT maintenance periods). When the Customer user registers or updates their 9-1-1 Emergency Address, it will be validated for accuracy through a Canada Post and PSAP validation service. If the validation service is not able to recognize the proposed 9-1-1 Emergency Address the Customer user provided, the Customer user will be provided with a recommendation for correction of the 9-1-1 Emergency Address. If the Customer user chooses to override the recommendation, their 9-1-1 Emergency Address may not be properly validated and updated. Therefore, in the event of an emergency, it is important that a Customer user immediately inform the 9-1-1 operator of the location they are calling from (or the location of the emergency, if different). It is strongly encouraged that each Customer user of an eSIM-enabled Device always have an alternate means of accessing 9-1-1. D. Connection Time and Technical Difficulties. For technical reasons, a 9-1-1 call may produce a busy signal or take longer to answer as compared to traditional 9-1-1 calls. The 9-1-1 service will not function if the Agreement #: 00489772.0 Page 15 of 25 Version: May 15, 2016 © 2016 Rogers Communications internet access point and underlying Wi-Fi network is not configured correctly, does not have the bandwidth to carry a call, or if the eSIM-enabled Device is not functioning for any reason, including but not limited to, power outage, Wi-Fi or broadband service outage or suspension, network or internet congestion or disconnection, mobile network outage or service disconnection due to billing issues or breach of the Agreement. E. Features Not Available for 9-1-1 with an eSIM-enabled Device. The following features will not be available for 9-1-1 with an eSIM-enable Device: Call Transfer (a Customer user cannot transfer a 9-1-1 call or transfer another call to 9-1-1); Conference Call (a 9-1-1 call cannot be included in a conference call); and Call Forwarding (a Customer user cannot forward calls to 9- 1-1). In addition, a Customer user will not be able to put a 9-1-1 call on hold. T9-1-1 Service is not available for 9-1-1 on an eSIM-enabled Device (a Customer user cannot communicate with 9-1-1 operators via text message for deaf, hard of hearing or speech impaired users). F. Limitation of Liability related specifically to 911 Calling on eSIM-enabled Devices. Rogers and its service providers disclaim all responsibility for the conduct of PSAPs, all other third parties involved in the provision of emergency response services and any technical difficulties associated with the functioning of the 9-1-1 service. Rogers and its service providers do not have any control over PSAPs and are therefore not responsible for whether they answer 9-1-1 calls made using an eSIM-enabled Device, how they answer these calls, or how they handle these calls. Rogers and its service providers rely on third parties to assist in the provision of 9-1-1 services, and disclaim any and all liability for acts or omissions by third parties in the provision of 9-1-1 services. Neither Rogers nor its service providers, officers or employees may be held liable for any claim, damage, or loss (including, without limitation, legal fees) by, or on behalf of, you or any third- -1-1 dialing capability. 4. Pricing Eligibility. Where the Customer is migrating to the Custom Wireless Plans fr wireless price plan, the Custom Wireless Plans pricing will take effect on the first day of the Custome wireless billing cycle, unless otherwise indicated by Rogers, and any previously existing Customer price plans will be deleted and replaced in their entirety by the price plans of the Global Business Plans. Where the Custom Wireless Plans pricing set out above include pricing elements that must be customized on Roger billing system prior to the CustomerCorporately Paid Lines being able to migrate or activate on such customized pricing, the Service Effective Date for the Custom Wireless Plans shall be the date on which Rogers notifies the Customer that such customized pricing is available. The Customer will not be eligible for any retroactive credit representing the difference between the Customerous pricing for their wireless services and the new Custom Wireless Plans pricing. 5. Ordering the Services. Services may from time to time be ordered by the Customer for use by any one or more officers or full time employees of the Customer (each aEmployeelicable, by requesting to activate a Corporately Paid Line. The Customer acknowledges and agrees that it shall be liable for all amounts owing to Rogers for Corporately Paid Lines. To order Corporately Paid Lines, the Customer shall have the applicable authorized person, as set forth on the Custoaccount details, submit to Rogers an activation request containing the information required by Rogers. 6. Economic Inducement Recovery Fee (Termination Fees). An Economic Inducement Recovery Fee (EIRF) applies if Rogers provided an Economic Inducement when the Line Term was agreed to, and if the Line is terminated prior to the end of the Line Term. The EIRF is equal to the amount of the Economic Inducement multiplied by the number of months remaining in the Line Term at the time of termination divided by the total number of months of the Line Term (plus applicable taxes). In other words, EIRF = amount of Economic Inducement x # months left in the Line Term ÷ total # months in the Line Term + applicable taxes. The amount of the Economic Inducement is equal to the aggregated total of all credits provided (activation, conversion, renewal, or otherwise) and the Device Savings Recovery Fee (DSRFhich is equal to the No Term Device Charge, less the amount the Customer paid for the Device at the time of activation. The parties acknowledge and agree that the Economic Inducement Recovery Fees are payable by the Customer when a Line is terminated prior to the end of the agreed upon Line Term as a genuine pre-estimate of liquidated damages and not as a penalty. 7. Devices. All Devices purchased from Rogers are covered by the hardware manufacginal warranty. Upon request, the Rogers sales team will provide the Customer with up-to-date warranty information for the hardware. The risk of loss or damage to any Device shall pass to the Customer upon receipt at the Custom premises. Title to any Device purchased outright from Rogers or subsidized via Rice subsidy Agreement #: 00489772.0 Page 16 of 25 Version: May 15, 2016 © 2016 Rogers Communications program shall pass to the Customer upon receipt at th. Customer acknowledges that rights in respect of trademarks, trade names, copyrights, patents and other intellectual property rights connected with the Devices do not pass to Customer. 8. Hardware Fees. Where the Customer purchases a Device from Rogers and activates the Device on a Core Price Plan that is ineligible for hardware subsidy, the Customer will be charged the No Term Device Price then advertised at http://enterprise.rogers.com/en/products-plans/phones-devices, minus any promotional offers made by Rogers to the Customer at the time of purchase. Where the Customer purchases a Device from Rogers and activates the Device on a Core Price Plan that is eligible for Hardware Subsidy, the Customer will receive a fixed amount discount associated with the applicable hardware subsidy tier. This fixed amount discount is subject to change by Rogers at any time, without notice to the Customer. Notwithstanding the foregoing, Rogers is offering the Customer the following custom hardware pricing for the duration of the Initial Service Term, while supplies last: iPhone 7 32GB, $0 when purchased on a 2 Year Line Term on a Combined Voice and Data Plan, for new activations and upgrades iPhone SE (2nd Gen) 64GB, $110 when purchased on a 2 Year Line Term on a Combined Voice and Data Plan, for new activations and upgrades Samsung A20, $0 when purchased on a 2 Year Line Term on a Combined Voice and Data Plan, for new activations and upgrades 9. Early Hardware Upgrade. If a Corporately Paid Line chooses to upgrade its hardware Device prior to fulfilling its Line Term (but not before one month after the Devicvation), then a one-time charge for the applicable Line will apply for each month remaining in the applicable Line Term. This one-time charge is the amount of the DSRF remaining for the applicable Line Term, which will be calculated as follows: the DSRF divided by the number of months in the applicable Line Term, multiplied by the number of months remaining within the applicable Line Term. For example: $500.00 (DSRF) divided by 24 (number of months in the Line Term) = $20.83. This amount is then multiplied by 9 months (length of time remaining in the Line Term) = $187.50. 10. Downgrade Fee. If the Customer chooses to downgrade a Line to a core price plan with a lower tier of hardware subsidy eligibility during the Line Term, then the Customer will be charged a one-time hardware downgrade fee. The downgrade fee is based on the difference between the DSRF at time of activation and the DSRF in the lower tier hardware category at the time the Device was activated. This downgrade fee will ultimately reduce the EIRF owed to Rogers. For example, if the DSRF received by the Customer at time of activation was $450 and the DSRF at time of activation in the lower tier hardware category would have been $300 then the difference between these two categories would be $150. If the Customer was 18 months into their 24 month Line Term, then the downgrade fee would be calculated as follows: $150 / 24 = $6.25 per month x 6 Months remaining for a total of $37.50. This $37.50 would reduce the total EIRF by the same amount. 11. One-Time Renewal Credit. The One-Time Renewal Credit will be applied on renewals of eligible Corporately Paid Lines that occur within twelve (12) months of the Effective Date of the Rogers Business Wireless Plan Services, or such other Expiry Date as may be set out on the Product Quotation. Corporately Paid Lines are eligible for the One-Time Renewal Credit only if they have not received an activation, renewal or retention credit within the previous eighteen (18) months. Rogers is offering following products on eligible Corporately Paid Employee Lines renewing within twelve (12) months of the Pricing Effective Date: Custom Wireless Services, 3 Year Line Term on a Combined Voice and Data Plan, $50 Renewal Credit. The Credit Recovery Period for the applicable Renewal Credit is three (3) years. In the event that the Customer terminates or suspends Services on a Line for which a One-Time Renewal Credit was granted prior to the end of the Credit Recovery Period, Rogers reserves the right to recover a pro- rated portion of the One-Time Renewal Credit, as part of any EIRF to which Rogers is entitled. The pro-rated amount will be calculated by dividing the One-Time Renewal Credit amount by the number of months in the Agreement #: 00489772.0 Page 17 of 25 Version: May 15, 2016 © 2016 Rogers Communications Credit Recovery Period, and then multiplying that amount by the number of months remaining in the Credit Recovery Period for the applicable Line at the time of termination/suspension. One-Time Renewal Credits cannot be applied to Corporately Reimbursed Lines, Individually Paid Lines, or to Data Only Lines, unless otherwise set out in the Product Quotation. The amount of the One-Time Renewal Credit quoted in the Product Quotation is after applicable taxes. 12. Roaming. The Custom Wireless Plans include Roam Like Home Destinations by default. The Customer does not have the option to block voice or data roaming on the Custom Wireless Plans. In destinations other than Roam Like Home Destinations, Individual Flex Roaming options can be purchased by the Customer for use. There is no cap on the number of days in a month that a Corporately Paid Line may be charged for the Roam Like Home Destinations daily charge. When roaming outside of the Rogers Wireless Network, certain network services may not be available, such as: Call Forwarding, Call Waiting, Call Display / Name Display, accidental roaming, etc. When roaming outside of the Rogers Wireless Network, Customer shall be responsible for all applicable charges and shall be subject to the terms and conditions of service imposed by the wireless service provider providing such roaming services in the area where roaming occurs (including limitations on liability). 13. Data Rounding and Rating. Actual billed rates for data usage may vary from those quoted as a result of, without limitation, rounding, minimum message length, and usage patterns. All usage is rounded up to the next highest increment (MB, minute, etc.). Customer agrees that, to the extent there is any dispute as to the amount of data transmitted to and from a Rogers SIM card in a particular period of time, then the amount of data transmitted as calculated by Ro systems and verified by the call detail records (CDRs) from such systems shall govern. 14. Data Pooling. For all Corporately Paid Lines activated on Shared Pricing plan(s) eligible for pooling, smartphone data is pooled, giving the Customer access to draw data from the pool for a monthly fee, plus applicable overage charges. 15. Long Distance Rounding. Long Distance will be charged in increments of sixty (60) seconds, rounded up to the nearest minute on a per call basis. 16. Additional Features. Additional service details and additional plans and features that the Customer may purchase from Rogers are set out at rogers.com/business, subject to certain eligibility requirements. The Customs discount, if any, does not apply to these additional plans and features. 17. Rogers Facilities. The Services will be provided to Customer using the Rogers Wireless Network within the area that Rogers provides the Services (which area may be enlarged or reduced in scope from time to time by Rogers in its sole discretion). The Customer acknowledges that the geographic areas within which Rogers provides different Services may vary. Customer acknowledges and agrees that Rogers reserves the right in its discretion and without notice to Customer, from time to time to make changes in any aspect of the Rogers Wireless Network. In addition to Rghts set forth in the Agreement, Rogers shall have the right to suspend all or part of the Services or access to the Services immediately if Rogers reasonably suspects or determines that there is a malfunction, abuse, incorrect configuration or use of the Devices, Customer Equipment, the Services, the Third Party Services, or the Rogers Wireless Network. Customer agrees that, to maintain or improve service, or for other business reasons, Rogers may at its sole discretion modify or temporarily restrict or suspend all or part of the Services without notice. Customer acknowledges that the Services are subject to transmission limitations caused by atmospheric or topographical conditions or equipment failures beyond the reasonable control of Rogers. The Services may be temporarily refused, interrupted or curtailed due to governmental regulations or orders, system capacity limitations or equipment modifications, upgrades, reallocations, repairs, maintenance and similar activities necessary for the proper operation of the Services. Agreement #: 00489772.0 Page 18 of 25 Version: May 15, 2016 © 2016 Rogers Communications 18. Limits on Rogers Liability for Emergency Services Provided on a Mandatory Basis This section applies only to the provision of emergency services on a mandatory basis. For the purposes of this provisio means the Customer and its end users. In respect of the provision of emergency services on a mandatory basis, Rogers is not liable for: libel, slander, defamation or the infringement of copyright arising from material or messages transmitted o network from Cuproperty or premises or recorded by Customer Equipment or Rogers Equipment; damages arising ous act, default, neglect or omission in the use or operation of equipment provided by Rogers; damages arising out of the transmission of material or messages over the Rogers Wireless Network on Custalf which is in any way unlawful; any act, omission or negligence of other companies or telecommunications systems when their facilities are used in establishing connections to or from Cusacilities and equipment. Furthermore, except in cases where negligence on Rogers part results in physical injury, death or damage to C iability for negligence related to the provision of emergency services on a mandatory basis is limited to the greater of $20 and three times the amount (if any) Customer would otherwise be entitled to receive as a refund for the provision of defective service under the Agreement. However, liability is not limited by this section in cases of deliberate fault, gross negligence or anti-competitive conduct on Rogeror in cases of breach of contract where the breach results from negligence. 19. No Warranty. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES AND ALL DEVICES, OTHER ROGERS EQUIPMENT AND THIRD PARTY SERVICES ARE PROVIDE AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTY BY ROGERS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROGERS SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER FOR: (I) ANY INTERRUPTIONS OR DISRUPTIONS OF THE SERVICES, THE INTERNET OR THE THIRD PARTY SERVICES OR ANY OTHER DAMAGES SUFFERED BY CUSTOMER WHICH ARE CAUSED BY DIRECTLY OR INDIRECTLY BY ANY FAILURES OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES, THE ROGERS WIRELESS NETWORK, THE INTERNET OR THE THIRD PARTY SERVICES; (II) ANY POWER FAILURES; (III) ANY ACTS OR OMISSIONS OF CUSTOMER OR ITS OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (IV) ANY DISRUPTION OF ANY PART OF THE EQUIPMENT USED TO PROVIDE THE SERVICES BY PARTIES OTHER THAN ROGERS; (V) ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR IN CONNECTION WITH CUSTO, OTHER ROGERS EQUIPMENT, THE SERVICES OR THE THIRD PARTY SERVICES; (VI) ANY EVENT OF FORCE MAJEURE, AS DESCRIBED IN THE AGREEMENT; OR (VII) ANY SUSPENSION OR TERMINATION OF THE SERVICES FURTHER, TO THE EXTENT PERMITTED BY LAW, ROGERS DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE INTERNET OR CUSCTION TO THE INTERNET. ROGERS DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO CUSTOMER (WHETHER BY E-MAIL OR OTHERWISE) WILL BE TRANSMITTED, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE PERIOD OF TIME. 20. Despite any other term of this Agreement. The total amount payable by the Customer to Rogers for all fees and expenses (excluding HST) for the Products, Services, and Termination Fees set out in this Schedule will not exceed $500,000.00 for the Term of the Agreement. Definitions The following definitions are used in this Product Schedule. Any capitalized terms not defined below are defined in the Agreement. 1.1 Billing Account Number (BAN) means ss account number. Agreement #: 00489772.0 Page 19 of 25 Version: May 15, 2016 © 2016 Rogers Communications 1.2 Call Display / Name Display means the visual display of the intelephone number and incomin name, where supported by the Device. Not all incoming telephone num name can be identified. 1.3 Call Forwarding means a feature that allows calls made to the Custome number to be forwarded to another specified number. 1.4 Call Waiting means a feature whereby a person making a wireless telephone call is notified of an incoming call and is able to place the first call on hold while answering the second. 1.5 Canadian means wireless voice, data or SMS/MMS traffic both originating and terminating within Canada. 1.6 Corporately Paid Lines means a Device activated ireless price plan for which the Customer is financially and legally responsible 1.7 Device - means a wireless telephone or Smartphone, wireless messaging device, tablet, or other wireless devices that is authorized by Rogers for use on the Rogers Wireless Network. 1.8 Enhanced Voicemail means each enrolled Corporately Paid Line has up to thirty-five (35) five-minute messages that can be saved for up to ten (10) days, as well as other advanced functions such as Call Return, Group List Distribution and Skip Password. 1.9 International means wireless voice, data or SMS/MMS traffic terminating to a country other than Canada or the United States. 1.10 Line Term means the period of time that the Customer commits to maintain the selected core price plan on a certain Corporately Paid Line. The Line Term is determined by the Device subsidy selected by the Customer. Following the end of the Line Term for each Corporately Paid Line, the Line Term shall continue on a month to month basis at the then-current pricing in effect for such Corporately Paid Line, until terminated by either Rogers or the Customer. During any such month to month renewal of the Line Term, Rogers reserves the right to adjust the pricing for the applicable Corporately Paid Line. 1.11 MBB means Mobile Broadband, a data only connection for a tablet, a laptop with an imbedded wireless card or USB stick, and/or a rocket hub. 1.12 MMS means Multimedia Messaging Service, or text messaging with enhanced features such as images, audio and video files within certain size limits. 1.13 No Term Device Charge means the advertised Device price described on item II 8 of this Product Schedule, for a Device purchased on a monthly Line Term. 1.14 Pooled means that the allocation of data is shared amongst the Customers eligible Corporately Paid Lines on a common Billing Account Number. 1.15 Roam Like Home Destinations means Afghanistan, Aland Islands, Alaska, Albania, Algeria, Anguilla, Antigua And Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Azores, Bahamas, Bangladesh, Barbados, Belarus, Belgium, Belize, Bermuda, Bolivia, Bonaire, Bosnia-Herzegovina, Brazil, British Virgin Islands, Bulgaria, Burkina Faso, Cambodia, Cameroon, Canary Islands, Cayman Island, Central African Republic, Chile, China, Colombia, Congo (Democratic Republic of), Costa Rica, Croatia, Curacao, Cyprus, Czech Republic, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, England, Estonia, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, Galapagos Islands, Georgia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guatemala, Guernsey, Guinea Bissau, Guyana, Haiti, Hawaii, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Iraq, Ireland, Isle of Man, Israel, Italy, Ivory Coast, Jamaica, Japan, Jersey, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyz Republic, Latvia, Liberia, Liechtenstein, Lithuania, Luxembourg, Macau, Macedonia, Madeira, Malaysia, Mali, Malta, Martinique, Mayotte, Mexico, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Myanmar, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, Northern Ireland, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Reunion, Romania, Russia, Saba, San Marino, Saudi Arabia, Scotland, Senegal, Serbia, Singapore, Slovakia, Slovenia, South Africa, South Korea, Spain, Sri Lanka, St Barts, St Eustatius, St Kitts And Nevis, St Lucia, St Maarten, St Martin, St Vincent And The Grenadines, Suriname, Sweden, Switzerland, Tahiti, Taiwan, Tajikistan, Thailand, Tonga, Trinidad And Tobago, Tunisia, Turkey, Turks And Caicos, U.S. Virgin Islands, Ukraine, United Arab Emirates, United States, Uruguay, Vanuatu, Vatican City, Venezuela, Vietnam, Wales, and Western Samoa. These Roam Like Home Destinations are subject to change by Rogers at any time without prior notice. 1.16 Rogers Wireless Network means the Rogers-owned wireless transmission facilities. 1.17 SIM card means the Rogers SIM (Subscriber Identity Module) card that allows the Customer to connect a Rogers Device to the Rogers Wireless Network. 1.18 SMS means Short Message Service, or text messaging. 1.19 United States means wireless voice, data or SMS/MMS traffic terminating (in the case of long distance) or originating and terminating (in the case of roaming) within the United States. Agreement #: 00489772.0 Page 20 of 25 Version: May 15, 2016 © 2016 Rogers Communications 1.20 Visual Voicemail - means the Custoe their iPhone voicemail messages by reviewing them in a list on their Device and can listen to those voicemail messages in any order without having to dial a voicemail number. This service is also available for compatible Android and Blackberry devices. 1.21 Voicemail to Text means a feature where Customers can get a text version of the voicemail messages in addition to the audio file. This feature requires icemails be processed outside of Canada by a third party provider to Rogers. This feature is not compatible with iPhone Visual Voicemail. Device must support MMS messaging. This voicemail service uses data, but the Customer does not require a data plan to use the service. There are no charges when the customer is using Voicemail-to-Text in Canada. However, Data roaming charges will incur when roaming outside of Canada. 1.22 Zone 2 means Andorra, Kosovo, Moldova, and St. Pierre & Miquelon. The countries included in Zone 2 are subject to change by Rogers at any time without prior notice. 1.23 Zone 3 means, Bahrain, Bhutan, Brunei Darussalam, Cook Islands, East Timor, Falkland Islands, Guam, Laos, Maldives, Nauru, Nepal, New Caledonia, Palestine, Turkmenistan, Uzbekistan, and Yemen. The countries included in Zone 3 are subject to change by Rogers at any time without prior notice. Њ͵ЋЍ Zone 4 means Angola, Benin, Botswana, Burundi, Cape Verde, Chad, Comoros, Djibouti, Ethiopia, Gabon, Gambia, Guinea, Lesotho, Libya, Madagascar, Malawi, Mauritania, Mauritius, Mozambique, Namibia, Rwanda, Seychelles, Sierra Leone, Somalia, South Sudan, Sudan, Swaziland, Tanzania, Togo, Uganda, Western Sahara, Zambia, Zanzibar, and Zimbabwe. The countries included in Zone 4 are subject to change by Rogers at any time without prior notice. Agreement #: 00489772.0 Page 21 of 25 Version: May 15, 2016 © 2016 Rogers Communications PRODUCT SCHEDULE Push to Talk This Product Schedule the Products and/or Services described herein as provided by Rogers Communications Canada Inc. Rogers, details of which are stipulated in the Product Quotation. This Product Schedule is an attachment to and forms an integral part of the Enterprise Customer AgreemeAgreementRogers. The Customer agrees to be bound by the terms and conditions set out in the Agreement, which include without limitation this attachment and any other attachments to the Agreement. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement. Part I. Product Description This Product Description pertains specifically to the Push to Talk Services supplied by Rogers to the Customer. s services provided with the Push to Talk Services, are provided over a coast-to-coast Rogers-owned network based on GSM, GPRS, EDGE, 4G HSPA+, LTE, LTE-Advanced, and multi-path digital fibre network technologies. Push to Talk over the Rogers Wireless Network involves individual half-duplex transmissions subscriber on the Rogers Wireless Network without such subscriber needing an open wireless connection. Since the Push to Talk Services are half-duplex, only one subscriber can transmit by Push to Talk at a time; the other party is unable to transmit until the transmitting user unkeys their Push to Talk button. A Push to Talk transmission can be sent to one or multiple recipients. RogersPush to Talk Services are sold with the following features: 1) Push to Talk Services 2) Push to Talk Dispatcher 3) Push to Talk History and Reporting Part II. Product Terms and Conditions 1. Statement of Work. The details and conditions of the Push to Talk Services are more fully set out in the Statement of Work attached to the Agreement. 2. Devices. All Devices purchased from Rogers is cov Upon request, the Rogers sales team will provide the Customer with up-to-date warranty information for the hardware. The risk of loss or damage to any Device shall pass to the Customer upon receipt at premises program shall pass to the Customer upon . Customer acknowledges that rights in respect of trademarks, trade names, copyrights, patents and other intellectual property rights connected with the Devices do not pass to Customer. 3. Data Rounding and Rating. Actual billed rates for data usage may vary from those quoted as a result of, without limitation, rounding, minimum message length, and usage patterns. Customer agrees that, to the extent there is any dispute as to the amount of data transmitted to and from a SIM in a particular period of time, tems and verified by the call detail records (CDRs) from such systems shall govern. 4. Data Protocols/Transmission. Transmission Control Protocol/Internet Protocol overhead characters shall be added to all data transmissions which characters shall be included in the calculation of data usage. Compression may impact the total amount billed to your account. The application may resend data packets to ensure complete delivery and Customer will be billed for these resent packets. Retransmissions by the application will be counted. All transmissions due to the Rogers Wireless Network on the air link are not included in the count of application resent packets as the usage records are picked up by the network after the air link retransmissions. The Customer will be charged for all data usage sent through the Rogers Wireless Agreement #: 00489772.0 Page 22 of 25 Version: May 15, 2016 © 2016 Rogers Communications Network, including any advertisements that appear on the evice(s), regardless of whether such Device(s) actually receives the information. 5. Data Pooling. For all Corporately Paid Lines activated on the same Shared Pricing plan, smartphone data is pooled, giving the Customer access to draw data from the pool for a monthly fee, plus applicable overage charges. 6. Long Distance Rounding. Canadian, United States and International Long Distance will be charged in increments of sixty (60) seconds, rounded up to the nearest minute on a per call basis. 7. Additional Features. Additional service details and additional plans and features that the Customer may purchase from Rogers are set out at rogers.com/business, subject to certain eligibility requirements. The these additional plans and features. 8. Rogers Facilities. The Services will be provided to Customer using the Rogers Wireless Network within the area that Rogers provides the Services (which area may be enlarged or reduced in scope from time to time by Rogers in its sole discretion). The Customer acknowledges that the geographic areas within which Rogers provides different Services may vary. Customer acknowledges and agrees that Rogers reserves the right in its discretion and without notice to Customer, from time to time to make changes in any aspect of the Rogers Wireless Network. nt, Rogers shall have the right to suspend all or part of the Services or access to the Services immediately if Rogers reasonably suspects or determines that there is a malfunction, abuse, incorrect configuration or use of the Devices, Customer Equipment, the Services, the Third Party Services, or the Rogers Wireless Network. Customer agrees that, to maintain or improve service, or for other business reasons, Rogers may at its sole discretion modify or temporarily restrict or suspend all or part of the Services without notice. Customer acknowledges that the Services are subject to transmission limitations caused by atmospheric or topographical conditions or equipment failures beyond the reasonable control of Rogers. The Services may be temporarily refused, interrupted or curtailed due to governmental regulations or orders, system capacity limitations or equipment modifications, upgrades, reallocations, repairs, maintenance and similar activities necessary for the proper operation of the Services. 9. Limits on Rogers Liability for Emergency Services Provided on a Mandatory Basis 9.1 This Section applies only to the provision of emergency services on a mandatory basis. For the purposes of this provision . In respect of the provision of emergency services on a mandatory basis, Rogers is not liable for: 9.1.1 libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over Rogeemises or recorded by Customer Equipment or Rogers Equipment; 9.1.2 equipment provided by Rogers; 9.1.3 damages arising out of the transmission of material or messages over the Rogers Wireless N is in any way unlawful; 9.1.4 any act, omission or negligence of other companies or telecommunications systems when their facilities are used in establishing con. Furthermore, except in cases where negligence on Rogers part results in physical injury, death or damage to Customer on a mandatory basis is limited to the greater of $20 and three times the amount (if any) Customer would otherwise be entitled to receive as a refund for the provision of defective service under the Agreement. liability is not limited by this Section 21 of Part II in cases of deliberate fault, gross Agreement #: 00489772.0 Page 23 of 25 Version: May 15, 2016 © 2016 Rogers Communications negligence or anti-where the breach negligence. 10. No Warranty. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES AND ALL DEVICES, OTHER ROGERS PERMITTED BY LAW, WITHOUT WARRANTY BY ROGERS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ROGERS SHALL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER FOR: (I) ANY INTERRUPTIONS OR DISRUPTIONS OF THE SERVICES, THE INTERNET OR THE THIRD PARTY SERVICES OR ANY OTHER DAMAGES SUFFERED BY CUSTOMER WHICH ARE CAUSED BY DIRECTLY OR INDIRECTLY BY ANY FAILURES OF THE DEVICES, OTHER ROGERS EQUIPMENT, THE SERVICES, THE ROGERS WIRELESS NETWORK, THE INTERNET OR THE THIRD PARTY SERVICES; (II) ANY POWER FAILURES; (III) ANY ACTS OR OMISSIONS OF CUSTOMER OR ITS OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (IV) ANY DISRUPTION OF ANY PART OF THE EQUIPMENT USED TO PROVIDE THE SERVICES BY PARTIES OTHER THAN ROGERS; (V) ANY INFRINGEMENT OF INTELLECTUAL OTHER ROGERS EQUIPMENT, THE SERVICES OR THE THIRD PARTY SERVICES; (VI) ANY EVENT OF FORCE MAJEURE, AS DESCRIBED IN THE AGREEMENT; OR (VII) ANY SUSPENSION OR TERMINATION OF THE SERVICES FURTHER, TO THE EXTENT PERMITTED BY LAW, ROGERS DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE INTERNET OR FILES SENT BY OR TO CUSTOMER (WHETHER BY E-MAIL OR OTHERWISE) WILL BE TRANSMITTED, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE PERIOD OF TIME. Part III. Definitions The following definitions are used in this Product Schedule. Any capitalized terms not defined below are defined in the Agreement. 1.1 Device - means a wireless telephone or Smartphone, wireless messaging device, tablet, or other wireless devices that is authorized by Rogers for use on the Rogers Wireless Network. 1.2 Pooled means t eligible Corporately Paid Lines on a common Billing Account Number. Corporately Paid Lines with Pooled features must be on separate Billing Account Number from Corporately Paid Lines with standalone features. 1.3 Rogers Wireless Network means the Rogers-owned wireless transmission facilities. Agreement #: 00489772.0 Page 24 of 25 Version: May 15, 2016 © 2016 Rogers Communications Apple DEP Device Enrollment Consent City of Saint John da Inc enroll those iOS devices identified by the Device on their behalf, subject to the terms and conditions set out below. The Device Owner will provide Rogers with a comma separated varize the iOS devices that are to be enrolled in DEP by Rogers. The CSV file will conform to the file and data format found in the must both be attached to the same email and sent to the following email address in order for the DEP enrollment to take place: \[email address\]. By signing this consent form, the Device Owner certifies as follows: (1) all iOS devices that the Device Owner has identified to Rogers in the attached CSV file are devices that were purchased new from Rogers. Rogers only has capability to enroll iOS devices purchased new from Rogers in Apple DEP. Rogers cannot assume responsibility for any legal or technical issues that may arise from attempting to enroll devices in DEP that were not purchased new from Rogers. (2) all iOS devices that the Device Owner has identified in the attached CSV file are iOS devices that are currently owned by the Device Owner. Devices cannot be owned by another legal entity or individual. Rogers cannot assume responsibility for any legal or technical issues that may arise from attempting to enroll devices in DEP that are not currently owned by the Device Owner. (3) Device Owner accepts responsibility and liability for any iOS device configuration changes caused by the Deudes device and application configuration changes, loss or corruption of data, and loss of application functionality. (4) Device Owner acknowledges that only those iOS devices identified in the CSV file will be enrolled by Rogers in DEP. The Device Owner accepts responsibility and liability for any errors or omissions in the iOS device information transmitted in the CSV file. The Device Owner hereby acknowledges and agrees to the above terms and conditions. City of Saint John Per: \\s1\\ Name: \\n1\\ Title: \\t1\\ Signature Date: \\d1\\ City of Saint John Per: \\s2\\ Name: \\n1\\ Title: \\t1\\ Signature Date: \\d1\\ Agreement #: 00489772.0 Page 25 of 25 Version: May 15, 2016 © 2016 Rogers Communications /hb/L\[w9thw M&C No. 2020-253 Report Date October 05, 2020 Meeting Date October 13, 2020 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Bell Aliant Data Centre Sale Consent OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rick Ouellette Stephanie Rackley-Roach John Collin Kevin Fudge RECOMMENDATION The City Manager recommends that the Mayor and Common Clerk be authorized to countersign the attached letter to agree to the assignment of the Data Centre- Infrastructure & Hosting Services Schedule (Colocation) dated May 28, 2018, to Equinix Canada Ltd. (Purchaser). EXECUTIVE SUMMARY On May 22, 2018, Common Council approved an agreement with Bell Aliant for the procurement of Data Centre- Infrastructure & Hosting Services (Colocation). Bell Aliant has sold the data centre noted in the colocation agreement to Equinix Canada Ltd. , a subsidiary of Equinix, Inc. As part of that sale, the City is required to consent to the assignment of the current agreement for colocation services to Equinix Canada Ltd. as outlined in the attached letter. PREVIOUS RESOLUTION On May 22 2018 5:12 That as recommended by the City Manager in the submitted report M&C 2018-154: Data Centre Infrastructure & Hosting Services Schedule (Colocation), the Mayor and Common Clerk be authorized to execute the Amendment 2 to Business Internet Services Schedule to renew internet services and the Data - 2 - Centre Infrastructure & Hosting Services Schedule (Colocation) agreement with Bell to implement a colocation solution for data centre services. REPORT On June 1, 2020, Bell announced it has entered into a definitive agreement to sell 25 data centre facilities to Equinix Canada Ltd., a subsidiary of Equinix, Inc. The transaction closed on October 1, 2020. The sale included the data centre that provides the City with Infrastructure & Hosting (Colocation) Services as per the agreement approved by Common Council on May 22, 2018. As part of the sale, Bell Aliant has prepared the attached letter for the City to consent to the assignment of the current Data Centre - Infrastructure & Hosting Services Schedule (Colocation) with Bell Aliant to Equinix Canada Ltd. This assignment ensures that the agreement shall continue in full force and effect between the City and Equinix Canada Ltd. on and after Closing and that Bell is not liable for any future performance obligations after Closing. As per the letter, Bell would be liable for any performance obligations prior to the Closing. STRATEGIC ALIGNMENT The Data Centre - Infrastructure & Hosting Services (Colocation) agreement being Fiscally Responsible. Colocation provides a safer, cost-effective solution for data services. SERVICE AND FINANCIAL OUTCOMES There is no additional cost or service impact to the City. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General office has reviewed the agreement. ATTACHMENTS 1. Letter Regarding: Assignment and assumption of agreement in connection with sale of 25 data centres to Equinix October 5, 2020 City of Saint John 15 Market Square Po Box 1971 Saint JohnNBE2L4L1 Attn: Stephanie Rackley-Roach CIO Dear Ms.Rackley-Roach: Re:Assignment and assumption of agreement in connection with sale of 25 data centres to Equinix As of the date hereof, City of Saint John("City"or "you")and Bell Canada (a successor in interest to Bell Aliant)("Bell"or "we") are parties toan Infrastructure & Hosting Services Schedule (Colocation) CN- 1711-60620 dated May 28, 2018,as amended or supplemented from time to time(the"Assigned Agreement")under a Master Services Agreement CN-0807-8441 dated June 12, 2009,as amended or supplemented from time to time(the"Master Agreement"). As you may be aware,on June 1,2020,Bellannounced that it hadentered intoa definitive agreement to sell 25 data centre facilities to Equinix Canada Ltd. ("Purchaser") asubsidiary of Equinix, Inc. (the"Transaction"). The Transaction closed on October 1, 2020(the"Closing"). In connection with the Transaction, Bellassignedthe Assigned Agreements to a newly formed subsidiary of Bell, which entity subsequently assigned the Assigned Agreements and all of its benefits, rights and obligations thereunder to Purchaserat Closing.Purchaserwillassume such obligations, exercise such rights and receive such benefitsas of the Closing.As a result of such assignment, the terms and conditions of theMaster Agreementthat are applicable to the Assigned Agreementshall continue to apply as betweenCityand Purchaser.Purchaserhas reviewed the AssignedAgreementand by its execution of this letter, hereby agrees to be bound by the terms and conditions thereofand the terms and conditions of the Master Agreement applicable theretoon and after the Closing. In connection with the Transaction and the abovementioned assignment, Belland Purchaserhereby request your acknowledgement and consent to the foregoing, to be evidenced by signing the enclosed andreturning a copy by email toAlexis Cloutier, Senior Legal Counsel (alexis.cloutier@bell.ca), with the original to: Bell Canada 1carrefour Alexander-Graham-Bell Building 4, 7th Floor Verdun,QuébecH3E 3B3 Attention: Alexis Cloutier, Senior Legal Counsel By countersigning this letter,you hereby agree that on and after the Closing: 1.You consent to the assignmentsof the AssignedAgreementas described above from Bellto, ultimately, Purchaser; -2- 2.The AssignedAgreementshall continue in full force and effect as between Cityand Purchaseron and after the Closing; and 3.On and after the Closing, Bell shall not remain liable for the performance of any obligations under the Assigned Agreement and City's sole recourse shall be to Purchaser. Notwithstanding paragraph 3 above, Bell acknowledges and agrees that it remains liable to you for the performance of any obligations occurringprior to the Closing. We would appreciate receiving a reply as soon as possible. As of the Closing, Purchaser will assume all hosting services in the data centre facilities; however, for you to be able to fully benefit from all services provided by Purchaser, you will need to provide consent for your contract with Bell to be assigned to Purchaser. In addition, Bell will continue to invoice you for all products and services until you provide your consent, notwithstanding our communication to you on September 5, 2020 where we informed you that as of October 1, 2020 your services would be invoiced by Equinix. Should you require any further information or assistance in connection with the foregoing, please contact Stephen Titusat Steve.Titus@bellaliant.caor(506) 658-7128. Sincerely, Per:Alain BrissonPer:Jon Lin SVP SalesPresident, Americas Bell Business MarketsEquinix -3- The undersigned herebyconsentsto theTransaction and the assignment of the AssignedAgreement, on theterms and conditions as set forth above, asevidenced by our signature below. CITY OF SAINT JOHN Name: Title: /hb/L\[w9thw M&C No. 2020-246 Report Date October 07, 2020 Meeting Date October 13, 2020 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Easement Acquisition at 720 Grandview Avenue OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Melanie Tompkins John Collin RECOMMENDATION 1. That Common Council acquire an easement from Envirosystems Incorporated over the property located at civic #720 Grandview Avenue, also identified as being PID No. 55116222, fire training facility on an adjacent property at civic #688 Grandview Avenue, the said easement having an area of 12.5 square metres as shown on an attached ement to be granted for in consideration of the sum of $2.00; 2. the City pay costs associated with the conveyance of the easement to the City; and 3. the Mayor and Common Clerk be authorized to execute any document necessary to effect the acquisition of the easement. EXECUTIVE SUMMARY is in the process of installing an addition to the fire training facility at 688 Grandview Avenue, which requires an electrical power connection. The nearest, most economical and most practicable means of establishing this power connection is from an existing supply on the adjoining property (PID 55116222). The owner of the adjoining property, Envirosystems Incorporated has extended permission for the City to establish a power connection from the existing supply on their property. The easement is required to secure the long-term right of access along the power feed from the adjoining property to the training extension. - 2 - PREVIOUS RESOLUTION N/A REPORT The , on property owned by Irving Oil Limited. An addition to this facility requires electrical services, which are most practical to be extended from an adjoining property at civic #720 Grandview Avenue. Only a very small area for this easement is required to extend electrical power from an existing utility pole to the common property line with that of civic #688 Grandview Avenue. The owner of the property at #720 is agreeable to the granting of this easement with no financial consideration from the City, other than covering up to $500.00 (plus HST, if applicable) for their legal services in consideration of the granting of this easement. STRATEGIC ALIGNMENT This report aligns with the Council Priority of Valued Service Delivery, by investing in service improvements through innovation, technology and developing partnerships with other organizations. SERVICE AND FINANCIAL OUTCOMES will enable appropriate industrial hygiene cleaning required for firefighting equipment and staff. There is no financial consideration involved in the acquisition of this easement from the property owner. The cost to the City are the preparation of the plan of survey, the administrative costs associated with the registration of the Grant of Easement and the maximum of $500.00 to cover the cost of legal services required by the vendor to effect the easement conveyance. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS has provided their input into the preparation of this report. ATTACHMENTS 1. Location Map; and 2. Plan of Survey. Easement for Electrical Conduit Civic #720 Grandview Avenue: Printed: 10/05/20 11:01:53 AM /hb/L\[w9thw M&C No. 2020-235 Report Date October 07, 2020 Meeting Date October 13, 2020 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Contract 2020-22: Carpenter Place Lift Station Upgrades OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Gerald Mattsson Brent McGovern / Michael John Collin Baker RECOMMENDATION It is recommended that: a) Common Council approve reallocating $150,000 from the Michael Crescent Water Service Renewals project in the 2019 Water & Sewerage Utility Fund Capital Program and $166,000 from the 2020 Utility Fund Operating Budget to the Carpenter Place Lift Station Upgrades project to offset the projected budget variance as outlined in this report; and b) Contract No. 2020-22: Carpenter Place Lift Station Upgrades be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $706,595.03 (including HST) as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY Premier Blaine Higgs has stated that construction activities shall continue and are not prohibited under the declaration of the State of Emergency in response to the COVID-19 pandemic. He has instructed, however, that the construction industry must work safely and follow measures as recommended by the Chief Medical Officer of Health. The purpose of this report is to recommend that Contract 2020-22 Carpenter Place Lift Station Upgrades be awarded to the low Tenderer. - 2 - PREVIOUS RESOLUTIONS October 2, 2017; (M&C 2017-247) 2018 Water & Sewerage Utility Fund Capital Program approved. June 18, 2018; (M&C 2018-166) Revised 2018 Water & Sewerage Utility Fund Capital Program approved. December 2, 2019; (M&C 2019-318) 2020 Utility Fund Operating Budget REPORT BACKGROUND The approved 2018 Water and Sewerage Utility Fund Capital Program includes funding for the pump replacement and various upgrades at the Carpenter Place Lift Station. The work involves the replacement of existing wastewater pumps, piping and valving, electrical equipment, installation of City supplied equipment, and, construction of a driveway extension. TENDER RESULTS Tenders closed on September 22, 2020 with the following results, including HST: 1. Fairville Construction Ltd., Saint John, NB $ 706,595.03 2. Avondale Construction Limited, Saint John, NB $1,080,838.38 The 490,000.00 including HST. ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects with the exception of the tender from Avondale Construction Limited which contained a mathematical error that required correction in accordance with specification article 2.11 (u) (i). The corrected tender result is indicated 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. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2018 Water and Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the tendered amount of work that will be performed by the Contractor. - 3 - The analysis is as follows: Budget $ 400,000.00 Project net cost $ 715,788.30 Variance (Shortfall) - $ 315,788.30 Staff have reviewed the project net cost in relation to the project budget. When the original budget for the Carpenter Place Lift Station was proposed, it did not include the replacement of the existing header piping and valves. During the design process, it was determined that new header piping and valving was required. This new header piping and valving would account for the projected The difference between the tendered amount and the imate is $216,595.03. Staff wanted to ensure the City was receiving good value for the funds being allocated to this project. With that in mind, Staff contacted the low tenderer to discuss the difference in the tendered amount versus the Eng estimate. Based on discussions with the low tenderer it was determined that a reduction in price could not be achieved without deleting scope from the tender which is not advisable due to the condition of the lift station. The low tenderer detailed they received multiple prices from various trades and also priced the sub- contracted work themselves to ensure their price was in line with market value. It should also be noted that this is a unique project and one that is challenging to estimate given its uniqueness. After conducting a review and after having had discussions with the low tenderer on pricing, Staff believe that the low tendered price reflects market value. POLICY TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Specifications and the specific project specifications. STRATEGIC ALIGNMENT Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The existing infrastructure at the Carpenter Place Lift Station is outdated, unreliable, and, requires replacement. The renewal of the infrastructure will improve service delivery and reliability at the Carpenter Place Lift Station. - 4 - The projected budget shortfall can be managed utilizing available funds within the overall Water and Sewerage Utility Fund Capital Program envelope as well as the 2020 Utility Fund Operating budget. The tender has closed for the Michael Crescent Water Service Renewals project and surplus funds available from the Michael Crescent project can cover a portion of the shortfall ($150,000). Due to restricted spending in 2020 as a result of the COVID-19 pandemic, the 2020 Utility Fund Operating budget has sufficient funds to cover the outstanding variance ($166,000) in order to award this contract. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A /hb/L\[w9thw M&C No. 2020-208 Report Date September 22, 2020 Meeting Date October 13, 2020 Service Area Growth and Community Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: City Market Lease with Boys Own Inc. (Java Moose) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Andrew MacDonald Jacqueline Hamilton John Collin RECOMMENDATION 1. That the City enter into a Lease for Stalls 8 & 9 in the City Market with Boys Own Inc. doing business as Java Moose, under the terms and conditions as set out in the Lease submitted with M&C 2020-208. 2. That the Mayor and Common Clerk be authorized to execute any necessary documents. EXECUTIVE SUMMARY City staff and the owners/operators of Java Moose have reached an agreement that will have the business lease space described in of the lease in the City Market. The term will be for five (5) years, commencing September 29, 2020 with an option to renew for an additional five (5) years. Rents will be at market value as defined in Schedule C. The lease document as attached is standard and consistent with the leases granted to other tenants in the City Market, with a few exceptions to account for the different business nature, scope and investment of this tenant. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT - 2 - Providing for continuing business at a staple which aids in maintaining a livable community that is vibrant and diverse, while providing an integrated approach to economic development. REPORT City staff has reached an agreement with Boys Own Inc. (Java Moose) to operate the space described in Section 2.01 of the lease in the City Market that would commence effective September 29, 2020. Their business would be centered on operating their flagship retail location within the City Market. The initial term is for five years with an option to renew for an additional five years. The lease document is standard and consistent with the leases granted to other tenants in the City Market. SERVICE AND FINANCIAL OUTCOMES The operation and presence of Java Moose within the City Market will continue to add to a vibrant scene in patrons. This Lease will generate revenue of approximately $18,000 per annum. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff of the City Market and Facility Management has provided input into the reviewed the Lease Agreement. ATTACHMENT Lease Agreement with Boys Own Inc. (Java Moose). Form A19 LEASE Standard Forms of Conveyances Act, S.N.B. 1980, c. S-12, s.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 ., a Corporation registered under the laws of the Province of New Brunswick, having its registered office at 18 Everett Street, Hampton, New Brunswick, doing business as Java Moose, the The Rules and Regulations attached he Pre-Authorized Debiting Form attache-form part of this lease. The Lessor leases to the Lessee the premis the following conditions: Duration: 5 years Date of Commencement: October 14, 2020 Date of Termination: October 13, 2025 Payment Dates: First day of each and every month during the term hereof Place of Payment: City Hall Saint John, NB This lease contains the covenants and conditions whi attached hereto. Dated on ________________, 2020. SIGNED, SEALED & DELIVERED ) THE CITY OF SAINT JOHN in the presence of: ) ) ) ) ___________________________________ ) Mayor ) ) ) ___________________________________ ) Common Clerk ) ) Common Council Resolution: ) _______________________________, 2020 ) ) ) ) . dba Java Moose ) ) Per: ) ____________________________________ ) ) ) And: ) ) ____________________________________ LEASE FOR STALL SPACE CITY MARKET doing business as Java Moose ARTICLE I DEFINITIONS 1.01 Definitions In this lease: a) under or pursuant to the terms of this Lease, save only for Gross Rent; b) called for by the terms of this Lease shall be final and binding on the parties hereto; c) 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 Market and includes, without limiting the generality of the foregoing, public table and seating areas, waste collection facilities and other areas, facilities and equipment intended for such use; d) 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; e) Section 2.03; f) installations in the City Market which from time to time are not designated or intended by the Lessor to be leased to Lessees 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 parking areas, all entrances and exits thereto and all structural elements thereof, access roads, truck courts, driveways, truckways, delivery passages, the roof, exterior weather walls, exterior and interior structural elements and bearing walls in 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 rooms and galleries, fire preventions, 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 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, furniture, first aid and/or information stations, auditoria, conference rooms, nurseries, childcare play areas and related kitchen and storage facilities, escalators, elevators, public washrooms, music systems and any atrium seating/food court; g) 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); h) ; i) dangerous substance, noxious substance, toxic substance, hazardous waste, flammable, 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; Lease for Stall Space City Market doing business as Java Moose - Page 2 - j) -added taxes, multi-stage taxes, business transfer taxes or other similar taxes however they are characterized and any taxes in lieu thereof; k) also include any agreements entered into which have the effect of amending this indenture from time to time; l) the Lessee as referred to and described in Section 2.01 hereof. Save as mentioned below, the boundaries of the Leased Premises shall extend from the top 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; m) October 14, 2020 and ending on October 13 of the following year. Thereafter Lease Years shall consist of consecutive periods of twelve calendar months ending in each case on October 13, save for the last Lease Year of the Term which shall terminate upon the expiration or earlier termination of this Lease, as the case may be. n) ; o) ; p) eans 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 foregoing, 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; gardening 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, 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, supervision and traffic 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 cost 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 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 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 Areas; which are 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 Date, at rates on the various items determined from time to time by the Lessor in accordance with sound accounting principles; q) Leased Premises and the denominator of which is the Rentable Area of the City Market; r) Gross Rent and Additional Rent payable pursuant to the terms of this Lease; s) ses 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 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; t) t of all floors of the Leased Premises measured from: Lease for Stall Space City Market doing business as Java Moose - Page 3 - 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 projections, 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; u) Lessor from time to time ac v) 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 nts 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 sound accounting 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; and w) . ARTICLE II 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 presently designated as Stalls No. 8 and 9as attached hereto and contain a Rentable Area of approximately 2 Seven Hundred and Three Square Feet (703 ft) which is comprised of approximately Six Hundred 2) 2) and Two Square Feet (602 ftof leasable retail area and One Hundred and One Square Feet (101 ft of basement area. 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 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 October 14, 2020 and fully to be completed and ended on October 13, 2025 save as hereinafter provided for earlier termination. PROVIDED 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) Forty-eight (48) days after the Lessor has delivered vacant possession of the Leased Premises to the Lessee notwithstanding that the Lessor may still, during such forty-eight (48) 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 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 l immediately take Lease for Stall Space City Market doing business as Java Moose - Page 4 - possession of the Leased Premises and shall occupy same for the purpose of fixturing and installing its inventory, at its own risk, for a period of forty-eight (48) 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 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 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 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 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 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 further liability to the other. Forthwith, upon the Commencement Date being determined in accordance with the foregoing, the The Lessee shall pay all Gross Rent and Additional Rent calculated on a per diem basis, from the end of the forty-eight (48) day 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 The Lessee shall have the option to renew this Lease for a further one (1) term of five (5) years at the then prevailing market rate by providing written notice of its intention to renew to the Lessor no later than six (6) months prior to the expiration of the Initial Term. In the event that the Lessor and the Lessee do not agree on the then prevailing market rate, such rate may be determined by a single arbitrator appointed by the agreement between the Lessor and the lessee or pursuant to the Arbitration Act. ARTICLE III RENT AND DEPOSIT 3.01 Gross Rent The Lessee shall pay annual Gross Rent to the average amount of Thirty Dollars and Twenty-Six cents ($30.26) 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: Year Retail Space Rate Seating Area Rate Basement Space Rate Promo/Advertising Fund 1 $27.60 $24.60 $2.99 6% 2 $27.60 $24.60 $2.99 6% 3 $29.90 $26.90 $2.99 6% 4 $32.20 $29.20 $2.99 6% 5 $34.00 $31.00 $2.99 6% Retail Space Seating Area Basement Space Promo/Advertising Year 304 298 101 Year Month Year Month Year Month Year 1 $10,556.40 $1,055.64 $7,330.80 $610.90 $301.99 $25.17 $961.39 2 $12,667.68 $1,055.64 $7,330.80 $610.90 $301.99 $25.17 $961.39 3 $9,089.60 $757.47 $8,016.20 $668.02 $301.99 $25.17 $1,044.47 4 $9,788.80 $815.73 $8,701.60 $725.13 $301.99 $25.17 $1,127.54 5 $10,336.00 $861.33 $9,238.00 $769.83 $301.99 $25.17 $1,192.56 Lease for Stall Space City Market doing business as Java Moose - Page 5 - The Gross Rent for years 1 and 2 includes arrears of rent owed by the Lessee under the term of the previous lease in the amount of $356.44 per month. There shall be no Additional Rent payable under this Agreement, save and except monies to be paid under Article VI of this Lease. 3.02 Rent Past Due If the Lessee fails to pay, when the same is due and payable, any Gross Rent, Additional Rent or other amount payable by the Lessee under this Lease, such unpaid amounts shall bear interest from the due date thereof to the date of payment, compounded monthly at the rate equal to four (4) percentage points in excess of the Prime Rate. 3.03 Deposit The Lessor acknowledges receipt of Zero Dollars ($0.00) which it will apply towards the payment of Gross Rent for the first and last months of the Term except that the Lessor may apply all or part Gross Rent as compensation for any loss or damage arising from the breach by the Lessee of any provisions of this Lease. This right will not be the Lessor for damages in respect of breaches by the Lessee of this Lease. If the Lessor uses all or part of Gross Rent as provided above, the Lessee will, upon notification by the Lessor, pay to the Lessor the amount required to reimburse it for the amounts so applied. The Lessor will not be required to pay interest to the Lessee on any of the amounts paid to the Lessor or retained by it under this s City Market or any part thereof, whereupon the Lessor will immediately be discharged from any further liability with respect to the deposit. The Lessee will not assign or encumber its interest in the deposit deemed to have been assigned to the permitted Transferee as of the date of the Transfer. 3.04 Pre-Authorized Payments The Lessee shall participate in a pre-authorized payment plan whereby the Lessor will be onth 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. - ARTICLE IV 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 Taxes 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 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, 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; Lease for Stall Space City Market doing business as Java Moose - Page 6 - 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 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 be paid by the Lessee hereunder. No such contest shall defer or su Taxes as herein provided pending the contest, but if by law it is necessary that such payment undertaken 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 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 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 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 amount payable without encroachment by any deemed HST portion. 4.04 Business Taxes and Other Taxes of Lessee The Lessee shall pay to the lawful taxing authorities, when the same becomes due and payable: 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 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 a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor t proportionate share of any utility consumed. ARTICLE VI 6.01 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 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 Lease for Stall Space City Market doing business as Java Moose - Page 7 - The Lessee shall pay to the Lessor an amount equal to 6% of annual Gross Rent to be paid in st 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 The Leased Premises shall be used continuously, actively and diligently for the sole purpose of selling of coffee (hot and iced), tea, desserts, bulk and packaged coffee of any kind, espresso beverages of any kind (hot and iced), gelato, smoothies and assorted iced beverages, sandwiches and side salads. a) 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 Java Moose 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 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 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 (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 are 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 erved 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 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 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 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 during the days and/or hours required by the Lessor, then in addition to all other amounts of Rent payable under this Lease Lease for Stall Space City Market doing business as Java Moose - Page 8 - 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 from the Leased Premises, and not use any portion of the Leased Premises for office, clerical or other non- 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 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 Market ion, acting reasonably, hinders or 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 other identifying names and marks designated by the Lessor in connection with the advertising of the business conducted in the Leased Premises. Notwithstanding the foregoing 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 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 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 be 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 Rent on demand; l) 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 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 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; and n) observe and comply with all federal, provincial or municipal laws pertaining to or affecting in the Leased Premises, or the making of any repairs, replacements, alterations, additions, Lease for Stall Space City Market doing business as Java Moose - Page 9 - 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 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; and 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 activities: 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 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 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, 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 of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem necessa to this Section 7.04 shall survive the expiration or earlier termination of the Term. ARTICLE VIII FIXTURES, ALTERATIONS AND REPAIRS AND OL 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, interior or exterior lighting, plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining the onsent. 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 Lease for Stall Space City Market doing business as Java Moose - Page 10 - 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 interference shall arise in relation to labour unions or otherwise and the Lessee shall obtain all requisite permits, licenses and 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 Lessee or made by the 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 Lease, 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. 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 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 The Lessee further agrees to maintain such sign, awning, canopy, decoration, 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 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 excepted, 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 locks, safes 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 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) 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 fifteen percent (15%) thereon. Lease for Stall Space City Market doing business as Java Moose - Page 11 - 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 supplements, 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 terms of any other lease of premises in the City Market and the Lessor shall be under no obligation to enforce 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 weather 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 maintenance or repairs, together with an administrative fee of fifteen percent (15%) 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 t 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 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 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 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 mises 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 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 circumstances) without unreasonably interfering with the Lease for Stall Space City Market doing business as Java Moose - Page 12 - 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. 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 mit 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 Lesso the same, without rendering the Lessor or such agents liable therefor, and without in any manner affecting the obligations and covenants 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 thereof, except as otherwise in this Lease specifically provided. ARTICLE IX INSURANCE AND INDEMNITY 9.01 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: 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 an amount of not less than the full replacement cost thereof; ii. Comprehensive General Liability with minimum limits of at least Five Million Dollars ($5,000,000.00) 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) Tenan 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 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 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 termination thereof; Lease for Stall Space City Market doing business as Java Moose - Page 13 - c) The Lessee agrees that if the Lessee fails to take out or keep 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 permitted 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 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 Gross 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 on 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. 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. 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 persons for whom the Lessor is in law responsible. Without limiting the generality of the foregoing, the Lessor shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling 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 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 the same, including, without 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 Indemnification of the Lessor The Lessee will indemnify the Lessor, and save harmless from 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, 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, expenses such litigation. ARTICLE X DAMAGE, DESTRUCTION AND EXPROPRIATION Lease for Stall Space City Market doing business as Java Moose - Page 14 - 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 for 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 either event until the day following a reasonable period (taking into 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, 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 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 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 re-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 referred to in Section 10.01(b) the Lessor shall not give notice terminating this Lease, the Lessor shall with reasonable repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the restoration) complete the restoration of the Leased Premises. The certificate of the Architect shall bind the parties as to the (i) extent to which the Leased Premises are unfit for occupancy; (ii) time required 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 costs 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 terminate this Lease. Upon the giving of such notice to the Lessee, the rd Term of this Lease shall expire upon the third (3) 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 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 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 proceedings or awards and will execute the documents that the Lessor reasonably requires in order to give effect to this intention. ARTICLE XI STATUS STATEMENT, SUBORDINATION AND ATTORNMENT 11.01 Status Statement Lease for Stall Space City Market doing business as Java Moose - Page 15 - 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 held 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 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 carry out the intent of Section 11.01 which the Lessee shall have failed to sign and deliver within fifteen (15) days after the date of a written request by the Lessor to execute such instruments. ARTICLE XII TRANSFERS BY LESSEE 12.01 Transfer Defined 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 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 the date of this Lease under the Canada Business Corporations Act) of the Lessee which results in a change lause (iv) the Transferor is the person that has effective voting control before the Transfer and the Transferee is the person that has effective voting control after 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 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: a) There is no default of the obligations of the Lessee under this Lease; b) Transfer and the effective date thereof to the Lessor; c) 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; d) The Transferee, except in the case of a Transfer described in Section 12.01(iv), shall have assumed in writing with the Lessor the due and punctual performance and observance of all performed or observed from and after the effective date of the Transfer. The Lessee acknowledges 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 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 place, 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 performance by the Lessee of covenants on the part of the Lessee 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. -standard fee with respect thereto or Lease for Stall Space City Market doing business as Java Moose - Page 16 - 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 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. ARTICLE XIII 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 (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 be remedied; (3) months 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 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 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 thereof to Rent due under the Lease. 13.02 Right to Re-let 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 this 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-letting, including brokerage fees ns 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 than 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 Premises 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 Lease 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 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 Lease for Stall Space City Market doing business as Java Moose - Page 17 - Rent for 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 three (3) full 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 herein 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 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 vacant 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 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 th 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 cases above such accelerated Rent shall 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 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 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 administrative fee equal to fifteen (15%) percent thereon, shall be forthwith paid by the Lessee to the Lessor on demand as Additional Rent. 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 distress; and (b) 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 goods, or anything else, will render any distress unlawful where the Lessee owes arrears of Rent 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 XIV MISCELLANEOUS 14.01 Overholding Lease for Stall Space City Market doing business as Java Moose - Page 18 - If the Lessee remains in possession of the Leased Premises after 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 sum of: a) one and one half (1 ½) times the Gross Rent payable during the last month of the Term; and b) 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. 14.02 Successors This Lease applies to the successors and assigns of the Lessor and, if Article XII 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 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 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 failure of the Lessee to pay the particular rent so 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 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 Leased Premises and there are no covenants, promises, agreements, conditions or representations, either oral or written, between them other than are herein and in the said schedules and 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 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 venture 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, then 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 telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessor at: C/O The Common Clerk, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L1, with a copy to Lease for Stall Space City Market doing business as Java Moose - Page 19 - Facility Management Division, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 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 18 Everett Street, Hampton, N.B., E5N 5A9. 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. Either 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 one party named as Lessee, notice to one shall be deemed sufficient as notice to all. 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 C Brunswick, E2L 4L1. 14.10 Approval in Writing 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 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 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 enjoyment. 14.17 Riders and Schedules Schedules attached hereto form part of this Lease. 14.18 Basement Storage Space Where the Leased Premises includes any area of basement storage space, notwithstanding any provision herein contained, the Lessee acknowledges and agrees that water and sewer lines are 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 Lease for Stall Space City Market doing business as Java Moose - Page 20 - Leased Premises, it does so at its own risk and the Lessee hereby releases and indemnifies and saves harmless the Lessor from and against any and all manner 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 lines. 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 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 expense of any breakage, stoppage or damage resulting from a violation of this provision shall be 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 the 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 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 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 safe, heavy equipment or furniture shall be repaired at the expense of the Tenant. 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 no responsibility for failure to enforce 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. 15. Subject to the La the windows of the Leased Premises from time to time and at reasonable times. SCHEDULE RULES AND REGULATIONS Page 2 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 the 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 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 any 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. swept and washed down properly. 28. Covers 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 bench-- -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 1to 2 inches above the top rail of the bench, and should display the business name. They will consist of a -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 1 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 exc through the bench between the first and last rail above the bench. - Form Pre-Authorized Debiting Form bancaire automatique The City of Saint John is pleased to be able to The Ci aux offer City Market Tenants a monthly debiting locataires du marché municipal, payment option for payment of City Market payer par prélèvement bancaire mensuel rent. automatique leur loyer du marché municipal. We hope that the form is self-explanatory, Nous espérons que ce formulaire est clair, however, please call us if you have any toutefois si vous avez des questions questions at (506) 652-1960. pas à nous appeler au (506) 652-1967 Please fill in and return this form to The City of Veuillez remplir et retourner le présent formulaire Saint John Billings and Collections office with a au bureau de la facturation et de la perception de VOID cheque (for account verification purposes). The City of Saint John avec un chèque portant la mention «ANNULÉ» (aux fins de vérification du compte). I/We, / Je/nous, Name / Nom : Address / Adresse : Province : Postal Code City / Ville : / Code postal : ******************************************************************************* AUTHORIZE AUTORISE/AUTORISONS ******************************************************************************* The City of Saint John, The City of Saint John, P.O. Box 1971, Saint John, NB, E2L 4L1, C.P. 1971, Saint John, N.-B., E2L 4L1, to debit my/our account, à débiter mon/notre compte Account # o / N de compte : held at / de la succursale : __________________________________________ ___________________ Branch Address / Adresse de la succursale Transit : for the purpose of payment of Market rent aux fins du paiement mensuel du loyer du marché payable monthly. municipal. I/We have read and understood the terms J'ai/nous avons lu et compris les termes of this authorization. de la présente autorisation. Signature : Date : *Signature : Date : *For joint accounts, all depositors must sign if more than *En ce qui concerne les comptes conjoints, si plus d'une one signature is required on cheques issued against the signature est requise sur les chèques émis de ce compte, account. tous les déposants doivent signer. Note: If a copy of this completed form is required, please Note : Si vous désirez obtenir une copie du présent inform our office. formulaire dûment rempli, veuillez en aviser notre bureau. TERMS AND CONDITIONSMODALITÉS ET CONDITIONS I/We will notify The City of Saint John Billing and J'aviserai/nous aviserons, par écrit, le bureau de la Collections office, in writing, of any changes in the facturation et de la perception de The City of Saint John, account information or termination of this authorization de tout changement apporté aux renseignements sur le at least thirty (30) days prior to the next payment date. compte ou, de la résiliation de cette autorisation, au moins trente (30) jours avant la date du prochain paiement. I/We understand that termination of this authorization Je comprends/nous comprenons que la résiliation de does not affect my/our obligation to pay for goods or cette autorisation n'a aucune incidence sur mon/notre services contracted for/with The City of Saint John. obligation de payer les produits ou les services sous contrat pour ou avec The City of Saint John. My/Our financial institution will treat each debit as if Mon/notre institution financière traitera chaque I/we had personally issued a written direction prélèvement bancaire comme si j'avais/nous avions authorizing The City of Saint John to debit the amount personnellement émis une directive écrite autorisant The (s) specified to my/our account and need not verify that City of Saint John à débiter le(s) montant(s) déterminé(s) payments are drawn in accordance with this de mon/notre compte et elle n'aura pas à vérifier que les authorization. paiements sont perçus conformément à cette autorisation. I/We understand that any debits charged to my/our Je comprends/nous comprenons que tout prélèvement account will be reimbursed if: bancaire de mon/notre compte sera remboursé si : this debit was not drawn in accordance with this ce prélèvement n'a pas été effectué conformément à authorization; cette autorisation ; this authorization has been terminated; or cette autorisation a été résiliée ; ou this debit was posted to the wrong account due to ce prélèvement a été effectué du mauvais compte en invalid/incorrect account information supplied by raison de renseignements sur le compte invalides ou the Billing & Collections office, The City of Saint incorrects, fournis par le bureau de la facturation et John, de la perception de The City of Saint John, by giving notice in writing to my/our branch of account en donnant un avis écrit à ma/notre succursale bancaire, within ninety (90) days of the debit to my/our account. dans les quatre-vingt-dix (90) jours suivant le retrait de mon/notre compte. The City of Saint John will charge $10.00 for each The City of Saint John facturera 10 $ pour chaque transaction returned for Non-Sufficient Funds. transac PLEASE NOTE: EFFECTIVE JANUARY 1, 2016, THE VEUILLEZ NOTER QU'À COMPTER ER FEE CHARGED BY THE CITY OF SAINT JOHN WILL DU1 JANVIER 2016, LES FRAIS UNITAIRES EXIGÉS INCREASE TO $25.00 PER ITEM ON ALL PAYMENTS PAR LA VILLE DE SAINT JOHN POUR TOUS LES RETURNED FROM YOUR BANK. PAIEMENTS RETOURNÉS PAR VOTRE BANQUE PASSERONT À 25 $. I/We acknowledge that delivery of this authorization to The City of Saint John constitutes delivery to my financial institution. I/We warrant that all persons whose signatures are Je garantis/nous garantissons que toutes les personnes required to sign up on this account have signed this dont la signature est requise sur ce compte ont signé la authorization. présente autorisation. ** Privacy ** ** Protection de la vie privée ** The City of Saint John DOES NOT share or sell its The City of Saint John NE partage pas et ne vend pas sa client lists. Any information provided herein will be liste de clients. Toute information fournie dans ce used only for the above noted purpose, and for no other formulaire sera utilisée uniquement aux fins decrites ci- purpose. Your signature on this form is your dessus. Votre signature sur ce formulaire représente authorization for The City of Saint John to record this votre autorisation à ce que The City of Saint John information. If you have any questions about this y est contenue. Si vous avez statement, please do not hesitate to call 652-1960 or the des questions à City Solicitor's Office at (506) 658-2860. à composer le 652-1960 ou à appeler le bureau de -2860. COUNCILREPORT M&C No. 2020-251 Report Date October 06, 2020 Meeting Date October 13, 2020 Service Area Growth and Community Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date 154 Waterloo Street, 19 Paddock Street, 144 Lansdowne Avenue OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Director City Manager Barb Crawford Phil Ouellette John Collin Jacqueline Hamilton RECOMMENDATION That Common Council; 1. Schedule the public hearings for the rezoning applications of Coverdale Centre for Women Inc. (154 Waterloo Street), Resonance Inc. (19 Paddock Street) and Dr. Tunde Apantaku (144 Lansdowne Avenue) for Monday December 7, 2020 at 6:30 p.m. to occur in Council Chambers with a remote participation option; and 2. Refer these applications to the Planning Advisory Committee for a report and recommendation. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the rezoning and Section 59 amendment applications received and to recommend an appropriate public hearing date. The next available public hearing date is Monday December 7, 2020. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 \[now referred as section 59\] resolutions/ agreements and proceed to prepare the required advertisements; and - 2 - 2.when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. REPORT the rezoning and Section 59 amendment applications received and recommends an appropriate public hearing date. Monday, December 7, 2020 is proposed. The following applications were received: Name of Location Existing Proposed Zone Reason Applicant Zone Coverdale 154 Urban Centre Neighbourhood To permit a Centre for Waterloo Residential Community crisis care Women Inc. Street (RC) Facility (CFN) facility. Resonance 19 Paddock Urban Centre Mixed To permit a Inc. Street Residential Commercial business (RC) (CM) office. Dr. Tunde 144 Low Rise General To permit a Apantaku Lansdowne Residential Commercial medical clinic. Avenue (RL) (CG) STRATEGIC ALIGNMENT While the holding of public hearings for proposed rezoning and Section 59 amendments is a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approvals process works towards fulfilling key Council priorities including: ensuring Saint John has a competitive business environment for investment, supporting business retention and attraction; and driving development in accordance with PlanSJ which creates the density required for efficient infrastructure, services and economic growth. SERVICE AND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Service. - 3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not Applicable ATTACHMENTS None /hb/L\[w9thw M&C No. 2020-247 Report Date October 06, 2020 Meeting Date October 13, 2020 Service Area Growth and Community Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Adoption of Updated Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Benn Purinton J Hamilton / A Poffenroth John Collin RECOMMENDATION Your City Manager recommends that Common Council adopt the updated Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee as submitted. EXECUTIVE SUMMARY The purpose of this report is to make minor amendments to the Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee. The suggested amendments update the name and the location of as well as the name of Growth & Community Services. These updates are to ensure the City receives all necessary documents to hold fair appeal hearings in a timely manner. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT REPORT - 2 - Local Governance Act in order to assist with the administration of Part 13 of the Act, the Saint John Minimum Property Standards By-Law and the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law. The Appeal Committee hears appeals from owners or occupiers of premises, buildings or structures who have been given a Notice to Comply or an Order to Comply and are not satisfied with the terms and conditions set out in the Notice or Order. The Appeal Committee may confirm, modify or rescind the Notice or Order. The decisions of the Appeal Committee are binding on the City. Currently, the Appeal Committee consists of a group of four practicing lawyers who have been in active legal practice for at least four years. For the purpose of hearing an appeal, at least one committee member is required to be present to constitute a quorum. The appeal committee would typically hear one to two appeals on average per year. The purpose of this report is to make minor amendments the Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee so that they may be put into practice. The amendments as well as the name of Growth & Community Services. This update is to ensure the City receives all necessary documents to hold fair appeal hearings in a timely manner. SERVICE AND FINANCIAL OUTCOMES The Saint John Substandard Properties Appeals Committee provides a fair and impartial avenue to have concerns heard once a property owner has been issued a Notice to Comply or an Order to Comply. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff of Growth and Community Services and General Counsel jointly drafted the revised Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee. ATTACHMENTS Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee wļŭƌĻƒĻƓƷ źƓƷĽƩźĻǒƩ ķǒ /ƚƒźƷĽ ķĻƭ ğƦƦĻƌƭ ƭǒƩ ƌĻƭ ƩĽƭźķĻƓĭĻƭ ƓƚƓ ĭƚƓŅƚƩƒĻƭ ğǒǣ normes de Saint John Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee Current to: October 13, 2020 - 2 - RECITALS WHEREAS, paragraph 10(1)(d) of the Local Governance Act, S.N.B. 2017, c. 18, provides that a local government may make by-laws for municipal purposes respecting dangerous or unsightly premises and property; AND WHEREAS, subsection 7(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law provides that if a condition referred to in subsection 6(1), (2) or (3) exists, a by-law enforcement officer may notify the owner or occupier of the premises, building or other structure; AND WHEREAS, subsection 9(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law provides that an owner or occupier of premises or a building or other structure who has been given a notice under section 7, other than a notice prepared and signed under subsection 14(1), and who is not satisfied with the terms or conditions set out in the notice may appeal to the appropriate committee of Common Council by sending a notice of appeal by registered mail to the clerk of the City within 14 days after having been given the notice; AND WHEREAS, paragraph 10(1)(e) of the Local Governance Act, S.N.B. 2017, c. 18, provides that a local government may make by-laws for municipal purposes respecting the maintenance and occupancy standards for buildings and premises; AND WHEREAS, subsection 25(1) of the Saint John Minimum Property Standards By-Law provides that where the condition of the premises, dwelling, dwelling unit or structure does not comply with this by-law, a by-law enforcement officer may notify the owner or occupier of the premises, dwelling, dwelling unit or structure by issuing an Order; AND WHEREAS, subsection 27(1) of the Saint John Minimum Property Standards By-Law provides that an owner or occupier of the premises, dwelling, dwelling unit or structure who has been given an Order under subsection 25(2) and who is not satisfied with the terms or conditions set out in the Order may appeal to the appropriate committee of Common Council by sending a notice of appeal by registered mail to the clerk of the City within 14 days after having been given the Order. NOW THEREFORE BE IT RESOLVED that the Saint John Substandard Properties Appeal Committee is hereby created; AND BE IT FURTHER RESOLVED that the Provisions herein shall apply to the order and dispatch of business of the Saint John Substandard Properties Appeal Committee. - 3 - A. Definitions 1. Wherever a word is used in these Provisions with its first letter capitalized, the term is being used as it is defined in this Section A. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. Appeal Committee Appeal Committee. Architect New Brunswick. By-law Enforcement Officer-law enforcement officer, inspection officer or standards officer appointed under the Saint John Unsightly Premises and Dangerous Buildings or Structures By-law or the Saint John Minimum Property Standards By-law and designated by resolution of Common Council. Business Day holiday in the Province of New Brunswick. Business Hours Chairperson City Clerk means the Director of Legislative Services / City Clerk of the City of Saint John or the Manager of Legislative Services / Deputy Clerk. Common Council Saint John. Engineermeans a professional engineer or a consulting engineering firm who is currently licensed to practice within the Province of New Brunswick to carry out engineering services. NoticeSaint John Unsightly Premises and Dangerous Buildings and Structures By- Law. Notice of Appeal - 4 - Official Languages Brunswick within the meaning of the Official Languages Act, S.N.B. 2002, c. O-0.5, and amendments thereto. OrderSaint John Minimum Property Standards By-law. Property sent to and received by the City Clerk. Vice-Chairperson-Chairperson of the Appeal Committee. B. Interpretation 1. Headings: The captions, article and section names and numbers appearing in these Provisions are for convenience of reference only and have no effect on its interpretation. 2. Gender, Number: These Provisions are to be read with all changes of gender or number required by the context. 3. Legislation References: Each reference to legislation in these Provisions is printed in Italic font. The reference is intended to include all applicable amendments to the legislation, including successor legislation and regulations. Where these Provisions reference other by-laws of the City of Saint John, the term is intended to include all applicable amendments to that by-law, including successor by-laws. 4. Severability: If any section, clause or provision of these Provisions, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the Provisions as a whole, nor any other part of it. C. Composition of the Saint John Substandard Properties Appeal Committee and Vacancies 1. There shall be an Appeal Committee composed of five members being one Chairperson and four Vice-Chairpersons. 2. All Appeal Committee members shall be: (a) members in good standing of the Law Society of New Brunswick; and (b) have been in active legal practice for at least four years. - 5 - 3. At least one Appeal Committee member shall be fluent in both Official Languages. 4. Common Council shall appoint all members who serve on the Appeal Committee. 5. Should a member of the Appeal Committee die, resign, become ineligible to be a member or be removed from office, Common Council shall, as soon as reasonably possible, appoint another person to replace such member, and such newly appointed member shall hold office for the remainder of the term of the member he replaces. D. Terms of Office 1. Common Council shall determine the length of time that a member will be appointed to the Appeal Committee. 2. The Chairperson shall be appointed by Common Council for a term determined by Common Council, or until he ceases to be a member of the Appeal Committee, whichever comes first. 3. Vice-Chairpersons shall be appointed by Common Council for a term determined by Common Council, or until he ceases to be a member of the Appeal Committee, whichever comes first. 4. Should a hearing of appeal be scheduled for multiple days or should an appeal regarding the same or common premises, structure, or building be heard in succession, Common Council can extend a term of a member of the Appeal Committee who has heard some or all of the appeal or appeals until all hearings have been completed and decisions rendered. This will occur on a case by case basis. E. Duties of Chairperson/Vice-Chairperson 1. The Chairperson shall determine the time, date and place of hearings of the Appeal Committee. 2. A Vice-Chairperson is authorized to act as Chairperson in the event of the lity to act, or in the case of a vacancy in the chairmanship and, when so authorized, the Vice-Chairperson shall have all the powers and duties of the Chairperson. 3. All references in the Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee referring to - 6 - Chairperson shall include Vice-Chairperson when a Vice-Chairperson is authorized to act as the Chairperson. F. Revocation of Appointment 1. Any appointment to the Appeal Committee may be revoked by Common Council at any time. 2. A member may resign at any time by submitting his resignation in writing to Common Council. 3. In the event that the membership of the Appeal Committee is increased, Common Council shall appoint such additional member(s) and amend the Provisions Governing the Procedure and Operation of the Appeal Committee accordingly. 4. In the event that the membership of the Appeal Committee is decreased, Common Council shall remove the necessary number of member(s) and amend the Provisions Governing the Procedure and Operation of the Appeal Committee accordingly. G. Rules of Procedure 1. After receipt of a Notice of Appeal as required under subsection 9(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law or subsection 27(1) of the Saint John Minimum Property Standards By-Law, the City Clerk shall: (a) obtain from the Growth and Community Services Department a copy of the Notice or Order to which the Notice of Appeal relates; (b) promptly notify the Chairperson of the Appeal Committee; (c) enface the original copy of the Notice of Appeal and all documents submitted by the Appellant with the date upon which it was received; (d) assign and enface the Notice of Appeal and all documents submitted by the Appellant with a file number; (e) retain and file the original Notice of Appeal and all documents submitted by the Appellant; (f) forward a copy of the Notice of Appeal and all documents submitted by the Appellant, including the Notice or Order, to the Chairperson of the Appeal Committee; - 7 - (g) forward a copy of the Notice of Appeal and all documents submitted by the Appellant to a By-law Enforcement Officer; and (h) 2. The Appeal Committee shall hold a hearing during normal Business Hours within sixty calendar days after being advised by the City Clerk that a Notice of Appeal has been sent to, and received by the City Clerk, in accordance with subsection 9(3) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law or subsection 27(3) of the Saint John Minimum Property Standards, with respect to: (a) premises which are allegedly unsightly; (b) buildings or structures which have allegedly become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength; or (c) premises, dwellings, dwelling units or structures that allegedly do not meet the minimum property standards set out in the Saint John Minimum Property Standards By-law or the Residential Properties Maintenance and Occupancy Code which was adopted and incorporated by reference in said by-law. 3. The City Clerk shall, at least ten calendar days before a scheduled hearing: (a) Advise a By-law Enforcement Officer of the date, time and place of the hearing. (b) Notify the Appellant of the date, time and place of the hearing by causing the original or copy thereof of the Notice of Hearing to be given: (i) if the Appellant is an individual, by personal service on the individual or by posting the Notice of Hearing in a conspicuous place on the premises, building or structure; (ii) if the Appellant is a corporation, by personal service on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation carries on business in New Brunswick or by posting the Notice of Hearing in a conspicuous place on the premises, building or structure; or - 8 - (iii) if the Appellant is represented by counsel and his counsel is authorized to accept service, by service on his counsel. 4. Prior to hearing the submissions of the parties, the Chairperson shall ask the Appellant: (a) to review the Notice or Order received from the City Clerk; and (b) confirm that the Notice or Order received from the City Clerk is the Notice or Order that the Appellant is appealing. 5. The following order shall be followed by the Appeal Committee when hearing any representations and evidence: (a) First, hear the representations and evidence presented by the Appellant in support of his Notice of Appeal. (b) Second, hear the representations and evidence from the By-law Enforcement Officer in support of the Notice or Order. (c) Third, offer the Appellant a chance to rebut the representations of and evidence from the By-law Enforcement Officer. 6. Should the Appellant wish to abandon his appeal, he shall file with the City Clerk a Notice of Abandonment or provide written confirmation to the City Clerk stating that he abandons his appeal. 7. A Notice of Appeal is deemed to have been abandoned when the Appellant or his counsel does not appear at the time, place and date set out in the Notice of Hearing. H. Duties and Powers 1. The hearing of an appeal shall be heard by one member of the Appeal Committee, selected by the Chairperson, who shall have all the powers and duties of the Chairperson in regards to said appeal. 2. A quorum of the Appeal Committee shall consist of one member. 3. The Appeal Committee shall, when making its decision in an appeal involving premises which are allegedly unsightly, give due consideration to the following: (a) whether the items involved are enumerated in subsection 6(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law; - 9 - (b) the location from which the items involved are visible; (c) the location and use of the Property; (d) any representations and evidence presented in support of the Notice that is being appealed; and (e) any representations and evidence presented by the Appellant or his counsel. 4. The Appeal Committee shall, when making its decision in an appeal involving buildings or structures which have allegedly become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, give due consideration to the following: (a) section 13 of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law, which provides that a report from an Architect, an Engineer, a Building Inspector or the Fire Marshall stating that a building or structure is dilapidated or structurally unsound is proof in the absence of evidence to the contrary that a building or structure is dilapidated or structurally unsound; (b) any representations and evidence presented in support of the Notice that is being appealed; and (c) any representations and evidence presented by the Appellant or his counsel. 5. The Appeal Committee shall, when making its decision in an appeal involving premises, dwellings, dwelling units or structures which allegedly do not meet minimum property standards, give due consideration to the following: (a) the provisions of the Saint John Minimum Property Standards By- law and the Residential Properties Maintenance and Occupancy Code which was adopted and incorporated by reference in said by- law; (b) any representations and evidence presented in support of the Order that is being appealed; and (c) any representations and evidence presented by the Appellant or his counsel. - 10 - 6. If the Appellant abandons his appeal or if neither the Appellant nor his counsel appears at the date, time and place fixed for hearing of the appeal or at a rescheduled date, the Appeal Committee shall: (a) upon proof of service of the Notice of Hearing on the Appellant or his counsel, or upon proof that the Notice of Hearing was posted in a conspicuous place on the premises, building or structure in relation to the proceedings, carry out the following: (i) return the Notice of Appeal and all documents submitted by the Appellant to the address shown on the Notice of Appeal; and (ii) notify the Appellant in writing at the address shown on his Notice of Appeal of the decision of the Appeal Committee. I. Hearings to be Public 1. All hearings before the Appeal Committee shall be open to the public. J. Language of Proceedings 1. Prior to the commencement of an appeal hearing, the Chairperson shall confirm the ApOfficial Language for the hearing. 2. the Official Language chosen by the Appellant. It does not have to be the 3. Where the Appellant does not indicate to the Chairperson his language of choice, the Appellant shall be deemed to have chosen the Official Language chosen by the Chairperson and the Chairperson shall ask if the Appellant objects to the hearing being conducted in that language. 4. Simultaneous interpretation shall be made available in circumstances where the language of the Appellant differs from the Official Language with which the members of the Appeal Committee are familiar. K. Right to Counsel 1. A person who brings an appeal shall be heard by the Appeal Committee and may be represented by counsel. L. Records of the Proceedings - 11 - 1. The Appeal Committee shall keep records of its proceedings and shall use audio recording technology to record its appeal hearings. 2. The audio recording of a hearing may be destroyed one (1) calendar year after the hearing of the appeal if the Appellant did not exercise his right under subsection 9(8) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-Law to appeal the Appeal M. Decisions 1. The Appeal Committee shall provide a copy of its decision to the Appellant within fourteen (14) days after making its decision. The decision may confirm, modify or rescind the Notice or Order, or extend the time for complying with the Notice or Order. 2. date of the decision. 3. All decisions of the Appeal Committee shall be written by the Appeal Committee member who acted as the Chairperson. N. Conflict of Interest 1. Any member must excuse himself from participating in a hearing in circumstances where he has a conflict of interest. O. Remuneration and Expenses 1. Members of the Appeal Committee will be remunerated as follows: (a) $600.00 per day of hearing. 2. Members of the Appeal Committee will be reimbursed for necessary expenses, reasonably and actually incurred by virtue of their participation in an Appeal Committee hearing. P. Funding 1. activities through its normal budgeting procedure. 2. The City of Saint John shall provide the following to the Appeal Committee: (a) a venue where the hearings shall take place; - 12 - (b) audio recording equipment which is sufficient to record the hearing; (c) secretarial services, as required; (d) official stationery, as required; and (e) such other incidental services or resources that are necessary for the proper functioning of the Appeal Committee. Q. Office of the Appeal Committee 1. The address of the Appeal Committee shall be as follows: Saint John Substandard Properties Appeal Committee c/o The City of Saint John City Clerk nd 2 Floor, City Hall Building P. O. Box 1971 Saint John, New Brunswick E2L 4L1 R. Matters Not Provided For 1. Any matter of procedure or practice not expressly provided for in the Provisions Governing the Procedure and Operation of the Appeal Committee shall be left to the members of the Appeal Committee to decide. - 13 - Règlement intérieur du Comité des appels sur les résidences non conformes aux normes de Saint John En date du : 13 octobre 2020 - 14 - PRÉAMBULE : ATTENDU QUE, le paragraphe 10(1)(d) de la Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, prévoit que les gouvernements locaux peuvent, relativement à quelque fin municipale que ce soit, prendre des arrêtés concernant les lieux et les biens dangereux ou inesthétiques ; et ATTENDU QUE, le paragraphe 7(1) de lArrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John prévoit que aux paragraphes 6(1), (2) ou (3), un AGENT CHARGÉ DE LEXÉCUTION DES ARRÊTÉS s lieux ou du bâtiment ou autre construction; et ATTENDU QUE, le paragraphe 9(1) de Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John prévoit que le propriétaire ou occupant des lieux, du bâtiment ou autre construction à qui a été AVIS tel que le prévoit rticle 7, AVIS écrit et signé en vertu du paragraphe 14(1), et qui les conditions y énoncées peut interjeter appel au comité du CONSEIL COMMUNAL compétent en envoyant un AVIS DAPPEL par courrier recommandé au secrétaire de la municipalité dans les quatorze jours qui suivent la notification AVIS; et ATTENDU QUE, alinéa 10(1)e) de la Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, prévoit que les gouvernements locaux peuvent, relativement à quelque fin t des locaux; et ATTENDU QUE, le paragraphe 25(1) de Arrêté concernant les normes minimales régissant les résidences de Saint John prévoit que lorsque l ou de la construction ne se conforme pas à cet arrêté, un AGENT CHARGÉ DE LEXÉCUTION DES ARRÊTÉS e la construction en délivrant une ORDONNANCE; et ATTENDU QUE, le paragraphe Arrêté concernant les normes minimales régissant les résidences de Saint John prévoit que le propriétaire occupant des lieux, de la construction à qui une ORDONNANCE a été notifiée aux termes du paragraphe conditions qui y sont énoncées peut interjeter appel devant le comité du CONSEIL COMMUNAL compétent en envoyant un AVIS DAPPEL par courrier recommandé au secrétaire de la municipalité dans les quatorze jours qui suivent la notification de ORDONNANCE. À CES CAUSES : - 15 - Est créé le Comité des appels sur les résidences non conformes aux normes de Saint John. Le présent règlement intérieur régit le déroulement des travaux du Comité des appels sur les résidences non conformes aux normes de Saint John. A. Définitions 1. Les mots écrits en petites capitales dans le présent document sont employés au sens des définitions qui suivent, sinon les mots ont le sens ordinaire en français. « ARCHITECTE » Architecte professionnel autorisé à exercer au Nouveau- Brunswick. « AGENT CHARGÉ DE LEXÉCUTION DES ARRÊTÉS » Un AGENT CHARGÉ DE LEXÉCUTION DES ARRÊTÉS, un agent des inspections ou agent des normes nommé conformément Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John, et désigné par résolution du CONSEIL COMMUNAL. « AVIS » Avis de conformité émis Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John. « AVIS DAPPEL » A A » de ce document. « COMITÉ DAPPEL » Le Comité des appels sur les résidences non conformes aux normes de Saint John. « CONSEIL COMMUNAL » Le conseil élu de la municipalité. « GREFFIER MUNICIPAL » Le Directeur des services législatifs / Greffier municipal de la municipalité ou Chef des services législatifs / Greffier adjointe. « HEURES DOUVERTURE » Entre 8 h 30 et 16 h JOUR OUVRABLE. « INGÉNIEUR » Ingénieur ou cabinet de conseil en ingénierie qui est -Brunswick. « JOUR OUVRABLE » Toute journée autre que le samedi, le dimanche ou un jour férié au Nouveau-Brunswick. - 16 - « LANGUES OFFICIELLES » Les deux langues officielles du Nouveau- Brunswick au sens de la Loi sur les langues officielles, L.N.-B. 2002, ch. O-0.5, ensemble ses modifications. « ORDONNANCE » O RDONNANCE de conformité émise en vertu de Arrêté concernant les normes minimales régissant les résidences de Saint John. « PRÉSIDENT » Le président du COMITÉ DAPPEL. « RÉSIDENCE » Résidence au sujet de laquelle un AVIS DAPPEL a été communiqué au GREFFIER MUNICIPAL. « VICE-PRÉSIDENT » Un vice-président du COMITÉ DAPPEL. B. Interprétation 1. Intertitres : Les en-têtes, les intertitres et la numérotation du présent 2. Genre et nombre 3. Sources législatives : Toute source législative apparaît en italique dans le présent document. Dans chaque cas, la source vise également toutes les modifications apportées à la loi, y compris les lois de remplacement, ainsi arrêtés de la municipalité, la source vise également leurs modifications, y compris les arrêtés de remplacement. 4. Divisibilité : Le fait pour un tribunal judiciaire ou administratif compétent de déclarer nul un article, une clause ou une disposition du présent é de tout ou partie du document. C. Composition du Comité des appels sur les résidences non conformes aux normes de Saint John et remplacements 1. Le COMITÉ DAPPEL est composé de cinq membres, savoir le PRÉSIDENT et quatre VICE-PRÉSIDENTS. 2. Tous les membres du COMITÉ DAPPEL doivent posséder les qualifications suivantes : - 17 - a) être membre en règle du Barreau du Nouveau-Brunswick; et b) avoir exercé activement le droit pendant au moins quatre ans. 3. En outre, au moins un membre du COMITÉ DAPPEL doit maîtriser les deux LANGUES OFFICIELLES. 4. Le CONSEIL COMMUNAL nomme tous les membres qui siègent au COMITÉ DAPPEL. 5. Le CONSEIL COMMUNAL procède diligemment au remplacement, pour le reste de son mandat, de tout membre du COMITÉ DAPPEL qui décède, plus les qualifications requises ou est destitué. D. Durée des mandats 1. Le CONSEIL COMMUNAL fixe la durée du mandat de chaque membre du COMITÉ DAPPEL. 2. Le PRÉSIDENT CONSEIL COMMUNAL, aussi longte COMITÉ DAPPEL. 3. Les VICE-PRÉSIDENTS CONSEIL COMMUNAL, COMITÉ DAPPEL. 4. plusieurs jours ou que des appels concernant des lieux, une construction ou un bâtiment identiques ou communs doivent être entendus successivement, le CONSEIL COMMUNAL peut, en procédant au cas par cas, prolonger la durée du COMITÉ DAPPEL qui a entendu tout ou partie de décisions. E. Fonctions du président et du vice-président 1. Le PRÉSIDENT fixe les date, heure et lieu des audiences du COMITÉ DAPPEL. 2. En cas PRÉSIDENT ou de vacance à la présidence, un VICE-PRÉSIDENT peut assumer la présidence et exercer toutes les attributions de la charge. 3. Toute référence au PRÉSIDENT également au VICE-PRÉSIDENT autorisé à assumer la présidence. - 18 - F. Révocations 1. Toute nomination au COMITÉ DAPPEL est révocable au gré du CONSEIL COMMUNAL. 2. Un membre peut démissionner en présentant sa démission par écrit au CONSEIL COMMUNAL. 3. nombre des membres du COMITÉ DAPPEL, le CONSEIL COMMUNAL nomme les membres additionnels et modifie le présent document en conséquence. 4. COMITÉ DAPPEL, le CONSEIL COMMUNAL supprime les postes en trop et modifie le présent document en conséquence. G. Règles de procédure 1. AVIS DAPPEL déposé conformément au paragraphe 9(1) de Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John ou du paragraphe 27(1) Arrêté concernant les normes minimales régissant les résidences de Saint John, le GREFFIER MUNICIPAL : a) obtient du Service de la croissance et du communautaire une copie AVIS auquel ou de l ORDONNANCE à laquelle AVIS DAPPEL; b) en avise aussitôt le PRÉSIDENT du COMITÉ DAPPEL; c) AVIS DAPPEL d) AVIS DAPPEL et de tous e) AVIS DAPPEL et de tous les f) AVIS DAPPEL et de tous les documents AVIS o ORDONNANCE, au PRÉSIDENT du COMITÉ DAPPEL; - 19 - g) AVIS DAPPEL et de tous les documents AGENT CHARGÉ DE LEXÉCUTION DES ARRÊTÉS; h) LANGUE OFFICIELLE de prédilection de pelant. 2. Mis au courant par le GREFFIER MUNICIPAL AVIS DAPPEL déposé conformément au paragraphe 9(3) de Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John ou du paragraphe Arrêté concernant les normes minimales régissant les résidences de Saint John, le COMITÉ DAPPEL tient dans les soixante jours civils qui suivent, pendant les HEURES DOUVERTURE normales, une audience au sujet, selon le cas : a) des lieux qui seraient inesthétiques; b) des bâtiments ou des constructions qui seraient devenus dangereux pour la sécurité du public du fait de leur délabrement ou de leur manque de solidité; c) des lieux, des habitations, des logements ou des constructions qui ne répondraient pas Arrêté concernant les normes minimales régissant les résidences de Saint John ou le qui a été adopté et intégré par renvoi dans ledit arrêté. 3. GREFFIER MUNICIPAL : a) informe un AGENT CHARGÉ DE LEXÉCUTION DES ARRÊTÉS des date, heure et lieu b) façon suivante : (i) en main propre ou par son affichage en un endroit bien visible des lieux, du bâtiment ou de la construction, (ii) pelant est une personne morale, par signification en main propre à un de ses dirigeants, administrateurs ou représentants ou à un gestionnaire ou quelque autre établissement de la personne morale au - 20 - Nouveau-Brunswick ou par son affichage en un endroit bien visible des lieux, du bâtiment ou de la construction, (iii) autorisé à accepter la signification, par signification à 4. re les parties, le PRÉSIDENT : a) AVIS ORDONNANCE reçue du GREFFIER MUNICIPAL; b) de confirmer que cet AVIS ou cette ORDONNANCE AVIS ou ORDONNANCE dont il interjette appel. 5. ns et de la preuve par le COMITÉ DAPPEL se : a) premièrement, il entend les observations et la preuve présentées par AVIS DAPPEL; b) AGENT CHARGÉ DE LEXÉCUTION DES ARRÊTÉS AVIS ou de ORDONNANCE; c) troisièmement, AGENT CHARGÉ DE LEXÉCUTION DES ARRÊTÉS. 6. auprès du GREFFIER MUNICIPAL son appel. 7. AVIS DAPPEL ence. H. Exercice des attributions 1. Chaque appel est entendu par un membre du COMITÉ DAPPEL que choisit le PRÉSIDENT et qui a tous les pouvoirs et toutes les fonctions du PRÉSIDENT 2. Le quorum du COMITÉ DAPPEL 3. à des lieux qui seraient inesthétiques, le COMITÉ DAPPEL doit tenir compte de ce qui suit : - 21 - a) le fait que les choses en question sont énumérées ou non au paragraphe Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John; b) c) RÉSIDENCE; d) toute observation ou preuve présen AVIS objet de e) 4. des bâtiments ou à des constructions qui seraient devenus dangereux pour la sécurité du public du fait de leur délabrement ou de leur manque de solidité, le COMITÉ DAPPEL doit tenir compte de ce qui suit : a) 13 de Arrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John, ARCHITECTE INGÉNIEUR contraire, du délabrement ou du manque de solidité de ce bâtiment ou de cette construction; b) AVIS objet de c) 5. En prenant sa déc à des lieux, des habitations, des logements ou des constructions qui ne répondraient pas aux normes minimales régissant les résidences, le COMITÉ DAPPEL doit tenir compte de ce qui suit : a) Arrêté concernant les normes minimales régissant les résidences de Saint John et du Règlement portant qui a été adopté et intégré par renvoi dans ledit arrêté; b) toute observation ou preuve présent ORDONNANCE - 22 - c) 6. date de remplacement, le COMITÉ DAPPEL : a) un endroit bien visible des lieux, du bâtiment ou de la construction visés : (i) AVIS DAPPEL et tous les documents présentés par AVIS DAPPEL; (ii) AVIS DAPPEL, de la décision du COMITÉ DAPPEL. I. Publicité des audiences 1. Toutes les audiences du COMITÉ DAPPEL sont ouvertes au public. J. Langue des procédures 1. PRÉSIDENT vérifie quelle est la LANGUE OFFICIELLE de . 2. La « LANGUE OFFICIELLE 3. PRÉSIDENT quelle est sa langue de prédilection est réputé avoir choisi la LANGUE OFFICIELLE choisie par le PRÉSIDENT 4. diffère de la LANGUE OFFICIELLE connue des membres du COMITÉ DAPPEL. K. 1. La personne qui interjette appel est entendue par le COMITÉ DAPPEL et peut être représentée par un avocat. L. Enregistrement des actes du comité - 23 - 1. Le COMITÉ DAPPEL consigne ses actes dans des dossiers et fait des enregistrements sonores de ses audiences. 2. décision du COMITÉ DAPPEL devant la Cour du Banc de la Reine du Nouveau-Brunswick en vertu du paragraphe 9(8) de lArrêté relatif aux lieux inesthétiques et aux bâtiments et constructions dangereux dans The City of Saint John. M. Décisions 1. Le COMITÉ DAPPEL les quatorze jours suivant la date à laquelle il a rendu sa décision. La AVIS ou l ORDONNANCE ou 2. Les décisions du COMITÉ DAPPEL sont datées, la date étant celle de la décision. 3. Toutes les décisions du COMITÉ DAPPEL sont rédigées par le membre qui exerçait la présidence. N. 1. O. Rémunération et dépenses 1. Les membres du COMITÉ DAPPEL reçoivent la rémunération suivante : a) 600 . 2. Les membres du COMITÉ DAPPEL sont indemnisés des dépenses nécessaires engagées rais participation à une audience du COMITÉ DAPPEL. P. Financement 1. La municipalité finance les activités du COMITÉ DAPPEL dans le cadre de son processus budgétaire habituel. 2. La municipalité fournit ce qui suit au COMITÉ DAPPEL : a) - 24 - b) c) les services de secrétariat, au besoin; d) le papier à lettres officiel, au besoin; e) les autres services ou ressources connexes qui sont nécessaires au bon fonctionnement du COMITÉ DAPPEL. Q. Siège du COMITÉ DAPPEL 1. COMITÉ DAPPEL est la suivante : Comité des appels sur les résidences non conformes aux normes de Saint John a/s The City of Saint John Greffier municipal e 2 C.P. 1971 Saint John (Nouveau-Brunswick) E2L 4L1 R. Questions non prévues 1. Le COMITÉ DAPPEL est habilité à trancher toute question de procédure non réglée expressément dans le présent document. - 25 - Annexe « A » FORM 1 FORMULE 1 NOTICE OF APPEAL File No.: _______________ Nº du dossier : _______________ BETWEEN : ENTRE : ________________________________, ________________________________, Appellant(s), Appelant(s), - and - - et - THE CITY OF SAINT JOHN, THE CITY OF SAINT JOHN, Respondent. Intimée. Parcel Identifier : PID # : # NID _____________________ _____________________ Parcel Address: _____________________________ Adresse de la parcelle : _________________________ __________________________________________ _____________________________________________ Owner(s) or Occupier(s): Propriétaire(s) ou occupant(s) : Name: _____________________________________ Nom : _______________________________________ Address: ___________________________________ Adresse : _____________________________________ ___________________________________________ _____________________________________________ Telephone: _________________________________ Téléphone: ___________________________________ Name: _____________________________________ Nom : _______________________________________ Address: ___________________________________ Adresse : ____________________________________ ___________________________________________ _____________________________________________ Telephone: _________________________________ Téléphone: ___________________________________ The above named appellant(s) is (are) not satisfied ou les appelants with the terms and conditions set out in: pas les modalités ou les conditions qui sont énoncés - 26 - dans : (a) a Notice that was given under section 7 of the (a) un AVIS 7 de Saint John Unsightly Premises and Dangerous Arrêté relatif aux lieux inesthétiques et aux Buildings and Structures By-Law; or bâtiments et constructions dangereux dans The City of Saint John; ou (b) an Order that was issued under section 25 of the (b) une ORDONNANCE qui a été émise en vertu de Saint John Minimum Property Standards By- 25 de Arrêté concernant les normes Law; minimales régissant les résidences de Saint John and therefore appeals to the Saint John Substandard et fait ainsi appel devant le Comité des appels sur les Properties Appeal Committee. résidences non conformes aux normes de Saint John. (set out the grounds clearly but briefly): appel sont les suivants (énoncer les motifs de façon claire et concise) : ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ ___________________________________________ _____________________________________________ Dated at ____________________ the _____ day of Fait à ______________________________________ le ____________________, 20___. ____________________ 20___. _________________________________ __________________________________ Signature of owner or occupier Signature du propriétaire ou de The appellant(s) intends to proceed in the English \[ \] a ou les appelants ola or French \[ \] language (Please check the appropriate langue française \[ \] ou anglaise \[ \] (Veuillez cocher la box). case appropriée). Please forward your Notice of Appeal by registered Veuillez faire parvenir votre AVIS DAPPEL par courrier mail to the City Clerk within fourteen (14) days after recommandé au greffier municipal dans les quatorze having been given the Notice or Order at the (14) jours AVIS ou de following address: ORDONNANCE : City Bureau du greffier municipal nde 15 Market Square, City Hall Building, 2 Floor 15 Market Square, , 2 étage P. O. Box 1971 Case postale 1971 - 27 - Saint John, New Brunswick Saint John (Nouveau-Brunswick) E2L 4L1 E2L 4L1 Telephone: 506-658-2862 Téléphone : 506-658-2862 Facsimile: 506-674-4214 Facsimilé : 506-674-4214 Notes: Notes : 1.A Notice or Order that is not appealed within 1. Un AVIS ou une ORDONNANCE fourteen (14) days after having been given or issued interjeté appel dans les quatorze (14) jours qui suivent shall be deemed to be confirmed. AVIS ou l ORDONNANCE est réputé confirmé. 2.On an appeal, the Saint John Substandard 2. Comité des appels sur les Properties Appeal Committee shall hold a hearing résidences non conformes aux normes de Saint John into the matter at which the owner(s) or occupier(s) doit tenir, sur le point en litige, une audience au cours bringing the appeal has (have) a right to be heard and ou les may be represented by counsel. occupants entendu(s) et peut (peuvent) se faire représenter par un avocat. 3.On an appeal, the Saint John Substandard 3. Comité des appels sur les Properties Appeal Committee may confirm, modify résidences non conformes aux normes de Saint John or rescind the Notice or Order, or extend the time for AVIS ou complying with the Notice or Order. ORDONNANCE 4.The Saint John Substandard Properties 4. Le Comité des appels sur les résidences non Appeal Committee shall provide a copy of its conformes aux normes de Saint John doit fournir une decision to the owner(s) or occupier(s) of the copie de sa décision au(x) propriétaire(s) ou à premises, building or structure who brought the ou aux occupants des lieux, du bâtiment ou appeal within fourteen (14) days after making its de la construction qui lui a (ont) interjeté appel dans les decision. quatorze (14) jours suivant la date à laquelle il a rendu sa décision. 5.The owner(s) or occupier(s) who is provided 5. ou les with a copy of a decision from the Saint John occupants Substandard Properties Appeal Committee regarding par le Comité des appels sur les résidences non a Notice, may appeal the decision to a judge of The conformes aux normes de Saint John concernant un AVIS peut (peuvent), dans les quatorze (14) jours qui fourteen (14) days after the copy of the decision was suivent, interjeter appel de la décision devant un juge de provided to the owner(s) or occupier(s) on the la Cour du Banc de la Reine du Nouveau-Brunswick au grounds that (a) the procedure required to be motif que (a) la démarche à suivre en vertu de larrêté followed by the by-law was not followed, or (b) the (b) la décision est déraisonnable. decision is unreasonable. 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Qbhf!3!pg!3 Community Planning Act o o o STEA DR Mixed Use Centre Heavy Industrial Medium to Light High Density Industrial Residential Stable K O O R B R E H S Residential TE AD Regional Retail Centre Stable Park and Park and Residential Natural Area Natural Area Business Centre RM ILR2 R1RLRM RLCLRM CG R1 R2 R1 R1 R1 R2 CR CFN R2 R1 R1 R1 CR RL CG R1 CR R1 RL R1 CR R1 R2 CG R2 R1 US RL R1 R1 US R1 R1 R1 R2 R1 R1R2 R1 R1 CL R2 R2 R1R2 RL R2 CR R1 RL R2 R2 RM R2 CR R2 R2 RMR1 R1 R1 R2 R2 R2 CFN R2 CG R2 RM R1 CG R2 R1 CG R2 CC RM RM RM CG R2 R1 R2 R1 R2CC R1 R1 RM R1 R2 CC CG RM CC R1 CFN RM R2 R1 CCR2 R1 RM RLRM ^ S R I C K E Y R D R S I A T N Attachment 3 Zoning Arrêtédezonage 910 FairvilleBoulevard Presentation to Common Council October 13, 2020 Growth & Community Services Proposal ¤The Proposal is to establish a Place of Worship at 910 FairvilleBoulevard. To enable the proposal here, and more broadly, staff are recommending a text amendment to the CR, CR-R, and CC zones. 2 Site Location 3 Site Plan -Reception -Commercial Space -Mosque -Community Centre -57 Parking Stalls 4 Site Photos ÎSubject Site FairvilleBoulevard facing east 5 Site Photos ÎSubject Site FairvilleBoulevard facing west 6 Site Photos ÎSubject Site The subject property 7 Site Photos ÎSubject Site The subject property -side yard (west) 8 Site Photos ÎSubject Site The subject property -side yard (east) 9 Future Land Use 10 Future Land Use Plan creates the Regional Retail Centre to designate two areas (FairvilleBoulevard and McAllister Area) to direct large format retail development Corridor Commercial (City Road, Rothesay Ave) are for automobile-oriented service and commercial uses. Institutional and community facilities also appropriate. 11 Zoning 12 Zoning Areas zoned CR, CR-R, or CC (west) FairvilleBoulevard 13 Zoning Areas zoned CR, CR-R, or CC (east) Rothesay Avenue McAllister Area City Road 14 Analysis -Overall religious affiliation on decline, but diversity of religion on the increase -Places of worship are moving away from neighbourhoods and into more centralized commercial areas -Permitted in some commercial areas but not allΓadditional commercial areas can easily accommodate places of worship as a land use -Regional Retail Centre in McAllister Area has moved towards a mixture of uses; FairvilleBoulevard continues to evolve. 15 Public Engagement -Neighbourswere notified on August 31st concerning the proposal and date of public hearing. -The application was publically advertised on the nd municipal website on September 22. th -The PAC meeting was held on September 29. There were no members of the public in attendance. The Committee voted unanimously in support of the staff recommendation. 16 PAC Recommendation Staff recommend that the Committee adopt the Zoning By-law Text Amendment attached to this report and amend the CR, CR-R, and CC Zones to Permit Place of Worship. 17 Staff Recommendation Staff recommend that the Committee adopt the Zoning By-law Text Amendment attached to this report and amend the CR, CR-R, and CC Zones to Permit Place of Worship. 18 COMMON COUNCILREPORT M&C No. 2020-250 Report Date October 06, 2020 Meeting Date October 13, 2020 Service Area Growth and Community Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Economic and Community Recovery - 15 Minute Parking Spaces OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager David Dobbelsteyn Jacqueline Hamilton John Collin RECOMMENDATION Staff recommend that Common Council adopt the following resolutions: stnd 1. That Common Council give 1 and 2 readings of the Amendment to the {ğźƓƷ WƚŷƓ tğƩƉźƓŭ .ǤΏƌğǞ attached to M&C No. 2020-250; EXECUTIVE SUMMARY th Council directed staff to bring forward this report on September 28, 2020. The stnd report is to authorize 1 and 2 reading of an amendment to the Saint John By- Law that would revert 2 15-minute parking spaces on Canterbury Street and Germain Street respectively to 2 hour parking. th On Sept 28 Council adopted the following resolutions: 1. Direct staff to prepare Traffic Bylaw amendments to: a) Revert the 15-Minute Parking space on Canterbury St to 2-hour parking and revert the 15-Minute Parking space on Germain St that is 37.4 Meters north of Princess St to 2 hour Parking; and 2. Implement a more streamlined approach that would enable further changes to 15-minute parking at the discretion of the City manager and direct staff to update the remaining 15-minute parking spaces so they better delineate the actual location of the 15-minute parking spaces. -2- 3. Direct staff to conduct a public engagement with our local economic partners, and local businesses on the 15-minute parking program and other economic and community recovery initiatives. th This report addresses the first resolution from Sept 28, 2020. Staff are still investigating the second resolution, and are currently updating signage as directed. Thirdly, staff are currently in the early planning stages of our Fall public engagement, and have started reaching out to the leadership of our economic partners. Spaces to revert to 2 hour parking in Red PREVIOUS RESOLUTION Council directed staff to proceed with submission of this report on September 28, 2020 Resolved That: Council direct staff to prepare By-law amendments to: Revert the 15-Minute Parking space on Canterbury St to 2 hour parking and revert the 15-Minute Parking space on Germain St that is 37.4 Meters north of Princess St to 2 hour Parking; SERVICE AND FINANCIAL OUTCOMES Implementing this change will have a minimal service and financial impact. - 3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Saint John Parking Commission. The Office drafted the necessary by-law amendments to enable the recommendation outlined in this report. ATTACHMENTS 1. Amendment to the Saint John Parking By-law A BY-LAW TO AMEND A BY-LAW RESPECTING THE REGULATION OF RELATIF À LA RÉGLEMENTATION DU PARKING IN THE CITY OF SAINT JOHN, STATIONNEMENT DANS THE CITY OF BY-LAW NUMBER LG-8, AND SAINT JOHN, ARRÊTÉ NUMÉRO LG-8, ET AMENDMENTS THERETO MODIFICATIONS AFFÉRENTES Be it enacted by the Common Council of The City of Saint John as follows: The City of Saint John a décrété ce qui suit : A By-law of The City of Saint John entitled A By-law respecting the Regulation of Parking in Saint John intitulé « Arrêté relatif à la The City of Saint John, By-law Number LG-8 and réglementation du stationnement dans The City of th amendments thereto, enacted on the 27 day of Saint John, Arrêté numéro LG-8 » et modifications e January, A.D. 2020, is hereby amended as follows: afférentes, décrété le 27 janvier 2020, est modifié comme suit : 1. Schedule - Parking Spaces for 1. « A-1 » Emplacement de Specified Times is amended by deleting the stationnement à des heures précisées est modifiée following words under the following headings: par la suppression des mots suivants sous les titres suivants : Street Side Limits Time Rue Côté Limites Durée Canterbury East Commencing at a 15 rue est 15 Street point 12 metres mins. Canterbury situé à 12 mètres min north of Grannan au nord de la rue Street and extending 6.5 un point situé 6,5 metres northerly mètres plus loin en direction nord Germain West Commencing at a 15 rue Germain ouest 15 Street point 37.4 metres mins. situé à 37,4 min north of Princess mètres au nord de Street and la rue Princess extending 6.5 metres northerly situé 6,5 mètres plus loin en direction nord IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau municipal sur le présent arrêté le City to be affixed to this by-law the ____ day of _____________ 2020, avec les signatures _________, A.D., 2020 signed by: suivantes : ______________________________________ Mayor / maire ______________________________________ Common Clerk / greffier communal First Reading - Première lecture - Second Reading - Deuxième lecture - Third Reading - Troisième lecture - COUNCILREPORT M&C No. M&C 2020-248 Report Date October 06, 2020 Meeting Date October 13, 2020 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Traffic By-Law Amendment: Two-Way Traffic on Harding Street West OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Hugenholtz John Collin RECOMMENDATION Your City Manager recommends that Common Council give third reading of the Amendment to the Saint John Traffic By-Law attached to M&C 2020-248. EXECUTIVE SUMMARY This report recommends the third and final reading of a Traffic By-Law amendment to change to a portion of Harding Street West from one way traffic flow to two way traffic flow to support an adjacent land development project. First and Second Readings of the amendment were approved in June 2020 and final reading was to be recommended when the adjacent land development project was constructed to a point where the on-street changes can become effective. PREVIOUS RESOLUTION Common Council approved First and Second Readings of this Traffic By-Law at its June 22, 2020 Open Session meeting. REPORT Approximately 10 years ago several transportation and land development initiatives were planned to be completed at around the same time. The aerial photograph on the following page of this report helps explain these initiatives: 1. A parcel of land at the corner of Fairville Boulevard and Harding Street West (orange shaded area in photo) was planned to be developed, 2. A dead end portion of Harding Street West (red shaded area in photo) that had provided a secondary access to the adjacent parking lot (at -2- location of yellow shaded area in photo) was stopped up and closed to provide additional land to the adjacent orange-shaded parcel for more development space, 3. The intersection of Harding Street West and Fairville Boulevard was reconstructed with the addition of traffic signals to, in part, support left turns from Fairville Boulevard to Harding Street West, and 4. The lower east-west portion of Harding Street West (blue shaded area in photo) was reconstructed to allow for two way traffic to provide access to the orange shaded parcel of land from Fairville Boulevard when it was to be developed via Harding Street West. All initiatives in this plan except for the development of the orange shaded property occurred within a couple years of each other. With the closure of the dead end section of Harding Street West, without the access to the undeveloped property at the location of the green shaded area, and with the upper north- south portion of Harding Street West to remain one-way traffic southerly, vehicles turning onto Harding Street West from Fairville Boulevard did not have a destination except for the multi-unit residential building at the location of the purple shaded area. City staff proceeded to barricade the westbound lane on Harding Street West and did not proceed to recommend to Common Council at that time that this east-west portion of the street become two-way traffic. Harding Street remained, as it is to today, a one-way street from Main Street West all the way to Fairville Boulevard (formerly Raynes Avenue). Earlier this year the owners of the orange shaded property (Strathallen Capital Corp) were in the process of developing the orange-shaded property and were - 3 - Development Shop. A representative of this organization reached out to the assurance the City was supportive of converting this east-west portion of Harding Street West to two-way traffic. Improved access to this property via a Harding Street West driveway was important for the property owner in securing prospective tenants. T Traffic Engineer advised the representative that indeed the reconstruction of this portion of the street and the installation of traffic signals at the Harding/Fairville intersection was to, in part, provide access to a driveway to a future development on this site on Harding Street West. The representative was advised the change in traffic flow on this portion of Harding Street West would require a Traffic By-Law Amendment approved by Common Council that would need to be coordinated with the physical addition of the driveway to provide a destination for vehicles other than the multi-unit residential property. T Traffic Engineer identified that First and Second Readings could be provided in advance with a clear caveat that approval of Third Reading could not be presumed and would only be considered when the driveway could physically accept traffic. The property owners indicated this would be a sufficient approach to meet their needs. Common Council then approved First and Second Readings in June. Additional Consultation In addition to discussions with the property owner of the undeveloped land, the stakeholder on this section of Harding Street West over the last 10 years, being the owner of the multi-unit residential building (purple shaded area in photo). A discussion occurred again in 2020. He is fully supportive of the change to two- way traffic for this east-west portion of Harding Street West but only with reconstruction of Simms Corner that would allow much of the area traffic to drive down Fairville Boulevard instead of down Harding Street West. He is concerned about the possible interactions with vehicles turning into the new development or into his property against the volumes of traffic driving down Harding Street West (area of the red circle on the aerial photo on the previous page of this report). Common Council Feedback At their June 22, 2020 meeting, members of Common Council expressed concerns with traffic flow where the development driveway meets the turn on Harding Street West (red circle in photo). City staff provided some context at that meeting but also committed to reflecting on Council members comments and to provide more detail when Third Reading was presented for consideration (now). - 4 - Short Term Actions to Address Traffic Safety Concerns Three actions have been taken to mitigate the risk of interactions between vehicles turning left into the new development driveway on Harding Street West from Fairville Boulevard and traffic travelling in the opposite direction from Main Street West (area of red circle). The second and third actions resulted from a Traffic Impact Study completed by an independent Professional Engineer on behalf of the developer. First, the recent addition of Ready Street as a truck route is expected to reduce the number of trucks on Harding Street West. This change was previously approved in a Traffic By-Law Amendment by this Common Council following a recommendation by City staff. Second, focused efforts have been made to assess the risk of vehicles in drive- thru lines that are part of the development extending back onto Harding Street West from the driveway. Although drive-thru line lengths can vary with demand staff were content with the proposed drive-thru length based on review of requirements in other jurisdictions and experience of a similar drive-thru lane configuration for the same fast food chain in the Town of Rothesay. Third, several traffic control measures will be used to ensure it is clear that motorists travelling southbound on Harding Street West from Main Street West have the Right-of-Way over motorists turning left into the new driveway from Fairville Boulevard. The left turning motorists will face a Stop sign, Left Turn Only sign, a painted Stop bar, and an installed curb bullnose to clarify they must stop and yield to other traffic. A painted left turn pocket lane complete with a centre left turn lane, in addition to the curb bullnose, will separate the two travel lanes at the intersection, again to promote unobstructed travel for traffic southbound on Harding. These design features are shown in the following plan. For reference, the driveway to the development is identified in the bottom left hand side of this plan. - 5 - Long Term Actions to Address Traffic Safety Concerns For multiple reasons, reconstruction of Simms Corner has remained a transportation priority for the City. Prominence of this intersection as a priority Transportation Plan. Reducing traffic, and truck traffic in particular, on Harding Street West, as a result of allowing traffic to flow directly onto Fairville Boulevard would be an outcome of a reconstructed Simms Corner. Reduction or elimination of through traffic on Harding Street West would then further reduce risk at the intersection with the new development driveway. STRATEGIC ALIGNMENT SERVICE AND FINANCIAL OUTCOMES Signage and pavement markings required to communicate these by-law changes to motorists are relatively minor and can be accommodated in the existing General Fund Operating Budget. The developer will be installing the curb bullnose. This work is expected to occur the week of October 19, 2020. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Department. Input from the area stakeholders on Harding Street West is incorporated into this report. attached Amendment to the Saint John Traffic By-law. ATTACHMENTS Traffic By-Law Amendment for Harding Street West A BY-LAW TO AMEND A BY-LAW RESPECTING THE TRAFFIC ON STREETS RELATIF À LA CIRCULATION DANS LES IN THE CITY OF SAINT JOHN, BY-LAW RUES DE THE CITY OF SAINT JOHN, NUMBER MV-10.1, AND AMENDMENTS ARRÊTÉ NUMÉRO MV-10.1, ET THERETO MODIFICATIONS AFFÉRENTES Be it enacted by the Common Council of The City of Saint John as follows: The City of Saint John a décrété ce qui suit : A By-law of The City of Saint John A By-law respecting the Traffic On Saint John intitulé « Arrêté relatif à la circulation Streets in The City of Saint John, By-law Number dans les rues de The City of Saint John, Arrêté MV- and amendments thereto, enacted on numéro MV-10.1 » et modifications afférentes, the the 7 day of October, A.D. 2019, is hereby décrété le 7 2019, est modifié amended as follows: comme suit : 1. Schedule One-Way Streets is 1. D » Rues à sens unique est amended by deleting the following words under modifiée par la suppression des mots suivants the following headings: sous les titres suivants : Street Limits Direction Rue Limites Direction Harding Street Main Street to Southerly rue Harding entre la rue sud West Raynes Avenue Ouest Raynes 2. One-Way Streets is 2. D » Rues à sens unique est amended by adding the following words under the following headings: les titres suivants : Street Limits Direction Rue Limites Direction Harding Street Main Street Southerly rue Harding de la rue Main sud West West to a point Ouest Ouest 215 metres point situé à 215 southerly mètres en direction sud IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a fait has caused the Corporate Common Seal of the apposer son sceau municipal sur le présent arrêté said City to be affixed to this by-law the ____ day le _____________ 2020, avec les signatures of _________, A.D., 2020 signed by: suivantes : ______________________________________ Mayor / maire ______________________________________ Common Clerk / greffier communal First Reading - Première lecture - Second Reading - Deuxième lecture - Third Reading - Troisième lecture - wĻĭĻźǝĻķ 5ğƷĻ hĭƷƚĬĻƩ ЉВͲ ЋЉЋЉ aĻĻƷźƓŭ 5ğƷĻ hĭƷƚĬĻƩ ЊЌͲ ЋЉЋЉ hƦĻƓ ƚƩ /ƌƚƭĻķ hƦĻƓ {ĻƭƭźƚƓ Iźƭ ƚƩƭŷźƦ 5ƚƓ 5ğƩƌźƓŭ ğƓķ aĻƒĬĻƩƭ ƚŅ /ƚƒƒƚƓ /ƚǒƓĭźƌ ƚǒƩ ƚƩƭŷźƦ ğƓķ /ƚǒƓĭźƌƌƚƩƭʹ {ǒĬƆĻĭƷʹ /źƷǤ ƚŅ {ğźƓƷ WƚŷƓ {ŷğƩĻķ wźƭƉ tĻƓƭźƚƓ tƌğƓ .ğĭƉŭƩƚǒƓķʹ aƚƷźƚƓʹ ŷğƷ ƷŷĻ /źƷǤ ağƓğŭĻƩ ƦƩƚǝźķĻ ğƓ ǒƦķğƷĻ Ʒƚ /ƚƒƒƚƓ /ƚǒƓĭźƌ ƚƓ ƷŷĻ {ŷğƩĻķ wźƭƉ tĻƓƭźƚƓ tƌğƓͲ ğƷ ğ ŅǒƷǒƩĻ ƒĻĻƷźƓŭ ƚŅ /ƚǒƓĭźƌ͵ wĻƭƦĻĭƷŅǒƌƌǤ {ǒĬƒźƷƷĻķͲ ΛwĻĭĻźǝĻķ ǝźğ ĻƒğźƌΜ 5ğǝźķ aĻƩƩźƷŷĻǞ /ƚǒƓĭźƌƌƚƩ ğƩķ Ѝ /źƷǤ ƚŅ {ğźƓƷ WƚŷƓ wĻƦƚƩƷ /ğƩķ {ƷƩǒĭƷǒƩğƌ wĻǝźĻǞ City of Saint John Service Alignment Grow the City. Serve the City. Be the community of choice. OrganizationalOutcome A service-based, results oriented, high performance public serviceorganization Utilities & Growth & Community Fire & Emergency Public Works and Corporate Services StrategicServices Infrastructure Services ServicesManagement ServicesTransportation Services Growth &Community Fire &Rescue Saint John Water Financial Services General Counsel Public Works PlanningServices DrinkingWater Fire andRescue AccountingLegal Services TransportationPlanningRoadway Suppression Maintenance Waste Water TreasuryContracts & Compliance InfrastructurePlanning Sidewalk TechnicalRescue Industrial Water Internal Audit & Real Estate Land Use Planning Maintenance HazardousMaterials FinancialReporting Urban Storm Water Community Rural Storm Response Development Water Fire Prevention and RecreationPlanning & Legislative Services Corporate Performance Solid Waste CodeEnforcementInfrastructure Programming Management FireInvestigationCityClerk Information Technology EconomicDevelopment Facility Management Medical FirstResponder Liaison &Support Parks & Recreation ServicesService SJ Asset Management Arts & Culture Human Resources Performance Carpentry Landscaping Management City Market Emergency Energy / Climate Change Human Resources Recreation Facilities Continuous Management GovtInfrastructure Maintenance Payroll Improvement Emergency Funding Development& Pedestrian &Traffic Pension Management Enforcement Management Administration Communications Organisation (EMO) Permittingand Safety Engineering Strategic Comms Inspection Transportation ServicesLabourRelations Engineering Services Public Affairs HeritageConservation Project Management Fleet Management Internal Comms Infrastructure Transit (TBC) GIS Development Special Projects By-LawEnforcement Emergency Response Comms Strategic Affairs Strategic Planning Government Relations Special Projects Updated October 2020 Risk Management City of Saint John Service Alignment Grow the City. Serve the City. Be the community of choice. OrganizationalOutcome A service-based, results oriented, high performance public serviceorganization Utilities & Growth & Community Fire & Emergency Public Works and Corporate Services StrategicServices Infrastructure Services ServicesManagement ServicesTransportation Services Growth &Community Fire &Rescue Saint John Water Financial Services General Counsel Public Works PlanningServices DrinkingWater Fire andRescue AccountingLegal Services TransportationPlanningRoadway Suppression Maintenance Waste Water TreasuryContracts & Compliance InfrastructurePlanning Sidewalk TechnicalRescue Industrial Water Internal Audit & Real Estate Land Use Planning Maintenance HazardousMaterials FinancialReporting Urban Storm Water Community Rural Storm Response Development Water Fire Prevention and RecreationPlanning & Legislative Services Corporate Performance Solid Waste CodeEnforcementInfrastructure Programming Management FireInvestigationCityClerk Information Technology EconomicDevelopment Facility Management Medical FirstResponder Liaison &Support Parks & Recreation ServicesService SJ Asset Management Arts & Culture Human Resources Performance Carpentry Landscaping Management City Market Emergency Energy / Climate Change Human Resources Recreation Facilities Continuous Management GovtInfrastructure Maintenance Payroll Improvement Emergency Funding Development& Pedestrian &Traffic Pension Management Enforcement Management Administration Communications Organisation (EMO) Permittingand Safety Engineering Strategic Comms Inspection Transportation ServicesLabourRelations Engineering Services Public Affairs HeritageConservation Project Management Fleet Management Internal Comms Infrastructure Transit (TBC) GIS Development Special Projects By-LawEnforcement Emergency Response Comms Strategic Affairs Strategic Planning Government Relations Special Projects Updated October 2020 Risk Management City of Saint John Service Alignment Grow the City. Serve the City. Be the community of choice. OrganizationalOutcome A service-based, results oriented, high performance public serviceorganization Utilities & Growth & Community Fire & Emergency Public Works and Corporate Services StrategicServices Infrastructure Services ServicesManagement ServicesTransportation Services Growth &Community Fire &Rescue Saint John Water Financial Services General Counsel Public Works PlanningServices DrinkingWater Fire andRescue AccountingLegal Services TransportationPlanningRoadway Suppression Maintenance Waste Water TreasuryContracts & Compliance InfrastructurePlanning Sidewalk TechnicalRescue Industrial Water Internal Audit & Real Estate Land Use Planning Maintenance HazardousMaterials FinancialReporting Urban Storm Water Community Rural Storm Response Development Water Fire Prevention and RecreationPlanning & Legislative Services Corporate Performance Solid Waste CodeEnforcementInfrastructure Programming Management FireInvestigationCityClerk Information Technology EconomicDevelopment Facility Management Medical FirstResponder Liaison &Support Parks & Recreation ServicesService SJ Asset Management Arts & Culture Human Resources Performance Carpentry Landscaping Management City Market Emergency Energy / Climate Change Human Resources Recreation Facilities Continuous Management GovtInfrastructure Maintenance Payroll Improvement Emergency Funding Development& Pedestrian &Traffic Pension Management Enforcement Management Administration Communications Organisation (EMO) Permittingand Safety Engineering Strategic Comms Inspection Transportation ServicesLabourRelations Engineering Services Public Affairs HeritageConservation Project Management Fleet Management Internal Comms Infrastructure Transit (TBC) GIS Development Special Projects By-LawEnforcement Emergency Response Comms Strategic Affairs Strategic Planning Government Relations Special Projects Updated October 2020 Risk Management City of Saint John Service Alignment Grow the City. Serve the City. Be the community of choice. OrganizationalOutcome A service-based, results oriented, high performance public serviceorganization Utilities & Growth & Community Fire & Emergency Public Works and Corporate Services StrategicServices Infrastructure Services ServicesManagement ServicesTransportation Services Growth &Community Fire &Rescue Saint John Water Financial Services General Counsel Public Works PlanningServices DrinkingWater Fire andRescue AccountingLegal Services TransportationPlanningRoadway Suppression Maintenance Waste Water TreasuryContracts & Compliance InfrastructurePlanning Sidewalk TechnicalRescue Industrial Water Internal Audit & Real Estate Land Use Planning Maintenance HazardousMaterials FinancialReporting Urban Storm Water Community Rural Storm Response Development Water Fire Prevention and RecreationPlanning & Legislative Services Corporate Performance Solid Waste CodeEnforcementInfrastructure Programming Management FireInvestigationCityClerk Information Technology EconomicDevelopment Facility Management Medical FirstResponder Liaison &Support Parks & Recreation ServicesService SJ Asset Management Arts & Culture Human Resources Performance Carpentry Landscaping Management City Market Emergency Energy / Climate Change Human Resources Recreation Facilities Continuous Management GovtInfrastructure Maintenance Payroll Improvement Emergency Funding Development& Pedestrian &Traffic Pension Management Enforcement Management Administration Communications Organisation (EMO) Permittingand Safety Engineering Strategic Comms Inspection Transportation ServicesLabourRelations Engineering Services Public Affairs HeritageConservation Project Management Fleet Management Internal Comms Infrastructure Transit (TBC) GIS Development Special Projects By-LawEnforcement Emergency Response Comms Strategic Affairs Strategic Planning Government Relations Special Projects Updated October 2020 Risk Management City of Saint John Service Alignment Grow the City. Serve the City. Be the community of choice. OrganizationalOutcome A service-based, results oriented, high performance public serviceorganization Utilities & Growth & Community Fire & Emergency Public Works and Corporate Services StrategicServices Infrastructure Services ServicesManagement ServicesTransportation Services Growth &Community Fire &Rescue Saint John Water Financial Services General Counsel Public Works PlanningServices DrinkingWater Fire andRescue AccountingLegal Services TransportationPlanningRoadway Suppression Maintenance Waste Water TreasuryContracts & Compliance InfrastructurePlanning Sidewalk TechnicalRescue Industrial Water Internal Audit & Real Estate Land Use Planning Maintenance HazardousMaterials FinancialReporting Urban Storm Water Community Rural Storm Response Development Water Fire Prevention and RecreationPlanning & Legislative Services Corporate Performance Solid Waste CodeEnforcementInfrastructure Programming Management FireInvestigationCityClerk Information Technology EconomicDevelopment Facility Management Medical FirstResponder Liaison &Support Parks & Recreation ServicesService SJ Asset Management Arts & Culture Human Resources Performance Carpentry Landscaping Management City Market Emergency Energy / Climate Change Human Resources Recreation Facilities Continuous Management GovtInfrastructure Maintenance Payroll Improvement Emergency Funding Development& Pedestrian &Traffic Pension Management Enforcement Management Administration Communications Organisation (EMO) Permittingand Safety Engineering Strategic Comms Inspection Transportation ServicesLabourRelations Engineering Services Public Affairs HeritageConservation Project Management Fleet Management Internal Comms Infrastructure Transit (TBC) GIS Development Special Projects By-LawEnforcement Emergency Response Comms Strategic Affairs Strategic Planning Government Relations Special Projects Updated October 2020 Risk Management City of Saint John Service Alignment Grow the City. Serve the City. Be the community of choice. OrganizationalOutcome A service-based, results oriented, high performance public serviceorganization Utilities & Growth & Community Fire & Emergency Public Works and Corporate Services StrategicServices Infrastructure Services ServicesManagement ServicesTransportation Services Growth &Community Fire &Rescue Saint John Water Financial Services General Counsel Public Works PlanningServices DrinkingWater Fire andRescue AccountingLegal Services TransportationPlanningRoadway Suppression Maintenance Waste Water TreasuryContracts & Compliance InfrastructurePlanning Sidewalk TechnicalRescue Industrial Water Internal Audit & Real Estate Land Use Planning Maintenance HazardousMaterials FinancialReporting Urban Storm Water Community Rural Storm Response Development Water Fire Prevention and RecreationPlanning & Legislative Services Corporate Performance Solid Waste CodeEnforcementInfrastructure Programming Management FireInvestigationCityClerk Information Technology EconomicDevelopment Facility Management Medical FirstResponder Liaison &Support Parks & Recreation ServicesService SJ Asset Management Arts & Culture Human Resources Performance Carpentry Landscaping Management City Market Emergency Energy / Climate Change Human Resources Recreation Facilities Continuous Management GovtInfrastructure Maintenance Payroll Improvement Emergency Funding Development& Pedestrian &Traffic Pension Management Enforcement Management Administration Communications Organisation (EMO) Permittingand Safety Engineering Strategic Comms Inspection Transportation ServicesLabourRelations Engineering Services Public Affairs HeritageConservation Project Management Fleet Management Internal Comms Infrastructure Transit (TBC) GIS Development Special Projects By-LawEnforcement Emergency Response Comms Strategic Affairs Strategic Planning Government Relations Special Projects Updated October 2020 Risk Management City of Saint John Service Alignment Grow the City. Serve the City. Be the community of choice. OrganizationalOutcome A service-based, results oriented, high performance public serviceorganization Utilities & Growth & Community Fire & Emergency Public Works and Corporate Services StrategicServices Infrastructure Services ServicesManagement ServicesTransportation Services Growth &Community Fire &Rescue Saint John Water Financial Services General Counsel Public Works PlanningServices DrinkingWater Fire andRescue AccountingLegal Services TransportationPlanningRoadway Suppression Maintenance Waste Water TreasuryContracts & Compliance InfrastructurePlanning Sidewalk TechnicalRescue Industrial Water Internal Audit & Real Estate Land Use Planning Maintenance HazardousMaterials FinancialReporting Urban Storm Water Community Rural Storm Response Development Water Fire Prevention and RecreationPlanning & Legislative Services Corporate Performance Solid Waste CodeEnforcementInfrastructure Programming Management FireInvestigationCityClerk Information Technology EconomicDevelopment Facility Management Medical FirstResponder Liaison &Support Parks & Recreation ServicesService SJ Asset Management Arts & Culture Human Resources Performance Carpentry Landscaping Management City Market Emergency Energy / Climate Change Human Resources Recreation Facilities Continuous Management GovtInfrastructure Maintenance Payroll Improvement Emergency Funding Development& Pedestrian &Traffic Pension Management Enforcement Management Administration Communications Organisation (EMO) Permittingand Safety Engineering Strategic Comms Inspection Transportation ServicesLabourRelations Engineering Services Public Affairs HeritageConservation Project Management Fleet Management Internal Comms Infrastructure Transit (TBC) GIS Development Special Projects By-LawEnforcement Emergency Response Comms Strategic Affairs Strategic Planning Government Relations Special Projects Updated October 2020 Risk Management City of Saint John Executive Leadership Organization Chart City Manager Common Clerk Commissioner, Human Resources General Counsel Commissioner, Commissioner, Public Commissioner, Chief of Staff & Chief Fire Chief & Chief Growth & Community Works & TransportationUtilities & Infrastructure Financial Officer Emergency Management Services Updated October 2020 /hb/L\[w9thw M&C No. M&C 2020-249 Report Date October 06, 2020 Meeting Date October 13, 2020 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: MoveSJ Draft Cycling Strategy OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Hugenholtz John Collin RECOMMENDATION Your City Manager recommends Common Council receive and file this report. EXECUTIVE SUMMARY providing each Saint John citizen the opportunity to use the mode of transportation of their choice and be safe while doing so. MoveSJ is in its third of three phases, with the entire plan scheduled to be completed by the end of 2020. As was successfully undertaken for Phase 2, City staff intend to bring various components of Phase 3 before Common Council in draft format ahead of a period of public consultation. This report is to present the draft Cycling Strategy, the first to be presented as part of Phase 3. PREVIOUS RESOLUTION Common Council was updated by City staff at its previous (September 28, 2020) meeting on the overall MoveSJ project. REPORT The Aspirational Goal of MoveSJ can be described as: - 2 - providing each Saint John citizen the opportunity to use the mode of transportation of their choice and be safe while doing so. Overall MoveSJ Context the project has been completed in three phases. Phases 1 and 2 are complete with Phase 3, the final phase, planned to be completed by the end of 2020. Below is a summary of what was completed in Phases 1 and 2 as well as what is now being finalized in Phase 3 including the Cycling Strategy presented in draft format as part of this report. Current State of Cycling Infrastructure and Policy in Saint John Proudly, and similar to other MoveSJ strategies already endorsed in Phases 1 and 2, Saint John is not starting from scratch in its pursuit of providing more access for cyclists. Harbour Passage and other trials, particularly those in Rockwood Park, provide off-street facilities that are accessible to cyclists. Traffic Calming Policy provides a best practice approac speeds on streets. The Campus Harbour Connection Bike Route, built in 2013 and 2014, formed the first comprehensive cycling arterial in the City connecting Harbour Passage and the UNB/Hospital complex to the north over 4.5 km of City streets finished in 2017, created a second, east-west cycling arterial through the City, all the way from Grand-Bay Westfield to the Town of Rothesay. Over 20 km of City streets have marked and signed Shared Lanes or dedicated Bike Lanes as part of the Great Trail. Both of these two routes implemented recommendations of the 2010 Trails & Bikeways Plan, were constructed using national best - 3 - ecycle costs Summary of Draft Cycling Strategy The draft Cycling Strategy that is attached to this report: Reinf aspirational goal of allowing citizens to use the transportation of their choice, safely within the limited confines of our Right-of-Way network, Prioritizes cycling facility investment based on a combination of connectivity, population/employment, and destination factors, Presents a risk-based approach to identifying the level of cycling infrastructure warranted for a given street, Provides a detailed analys recommended short and long term improvements based on the established risk-based approach, and Establishes a series of actions intended at encouraging the community, including cyclists, to participate toward achieving our aspirational goal. The Strategy focuses on targeted investments in cycling infrastructure that create connections within and between the South Central Peninsula and our Plan, including focused attention within the Primary Development Area. The established Campus Harbour Connection is an excellent example of this type of targeted investment recommended in the Cycling Strategy because it connects the two Primary Centres identified in the Municipal Plan to a regional and nationwide cycling network, this kind of cross-city route is not the focus of the Cycling Strategy when considering future investments. The Need to Update the Provincial Motor Vehicle Act In recent years, improve access and safety for active transportation modes, such as: requires motorists to provide 1 metre of spacing when passing a cyclist, Doubled fines for speeding when a motorist is speeding in a School Zones, and Reduction of the default speed limit in School Zones in municipalities from 50 KM/H to 30 KM/H. However, the MVA remains a largely unchanged document for years that has, in options to provide access to street Right-of-Ways for active modes of transportation such as cycling. Specific examples include the need to clarify where cyclists can operate on a street, including relative to flow - 4 - of adjacent vehicle traffic, and the need to clarify the difference between a sidewalk that is exclusive for pedestrians and a roadside trail that can also be used for cyclists. Although this report includes -and- recommendation, it is City Phase 3 are sought to seek endorsement of a request on behalf of Common Council to the Province of New Brunswick to undertake a comprehensive review of the MVA including improvement to Active Transportation access. The planned consultations with stakeholders and the public will be important to identify if there is community support and seek ideas on the types of legislative changes needed. There is also an opportunity for greater coordination and consultation with the Province when they are undertaking planned infrastructure upgrades within the City of Saint John. There have been numerous occasions over the past few years where the Province undertook a bridge or culvert replacement, or major overpass rehabilitation where opportunities to make enhancements to support active transportation were not examined proactively. New Partnership with UNB (Transportation Group) on Matching Infrastructure with Demand astructure is to build what would What is contemplated in relative to degree of risk, based mainly on the speed and volume of traffic on a given street. In some cases, the risk level is great enough to justify a protected cycling facility, separated physically from vehicles, whereas in other cases the risk is low enough that cyclists and motorists can share the road with very little infrastructure investment. What City staff appreciates, as reiterated in more recent discussions, is that not all cyclists tolerate risk in the same way. Factors such as varying experience levels can cause such differences in risk tolerance levels. The concern is that building cycling infrastructure below the highest level of protection (i.e. separation physically from motorists), may prevent some cyclists with lower risk tolerance levels from using that infrastructure. However, building all cycling infrastructure at the greatest level of protection is more expensive and/or less feasible, which can reduce the progression of cycling infrastructure in the City. to study, with a context specific to the City, how different types of cycling infrastructure impacts demand. This research, when completed in December 2020, is intended to complement this Cycling Strategy and the completion of - 5 - cycling infrastructure investment business cases when deciding the best type of cycling facility that should be designed case-by-case by considering impact on demand. STRATEGIC ALIGNMENT This report aligns with reliable, and cost effective active transportation. SERVICE AND FINANCIAL OUTCOMES completed with available funds, through partnerships, and aligned with other corporate strategies such as INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS City staff from Transportation & Environment Services and Growth & Community Services provided input to the attached strategy. Public consultation on the draft strategy will occur at a later date. ATTACHMENTS Staff Presentation to Common Council Draft Cycling Strategy Cycling Strategy October 13, 2020 Aspirational Goal of MoveSJ Providing each Saint John citizen the opportunity to use the mode of transportation of their choice and be safe while doing so. Context tŷğƭĻ ЊtŷğƭĻ ЋtŷğƭĻ Ќ Background ReviewPedestrian StrategyCycling StrategyCycling Strategy Community Transit StrategyRoad Safety Strategy Engagement Policy guidanceParking StrategyModern Roundabouts Travelbehaviour Goods Movement Road System Goals DevelopmentStrategyClassification Model MaintenanceTransportation Demand Community AssessmentModel DevelopmentEngagement Neighbourhood and CommunityComprehensive System Structure Plan EngagementImprovement Plan Guidelines What Are We Doing Well Now? HarbourPassage, Rockwood Park trails 2012 Traffic Calming Policy Municipal Plan and Central NeighbourhoodPlan Use of national (TAC) guidelines in decision-making Campus HarbourConnection Bike Route Main Street Temporary Bike Lane Campus HarbourConnection Bike Route First comprehensive on-street cycling route in City 4.5 km in length, Shared Lanes and Dedicated Bike Lanes Interactive map for educating cyclists and motorists Opportunities for improvement: Bicycle detection at signals Bike Lanes on University Avenue www.saintjohn.ca/bikeroute Road Diets Implemented with Campus HarbourConnection Bike Route Metcalf Street Somerset Street MillidgeAvenue Road Diets Proposed for University Avenue in 2021 The Great Trail City portion completed in 2017 ahead of Canada 150 Over 20 km of City streets, through Rockwood Park Opportunities for enhancements Road Diets Main Street North Temporary Bike Lane Alternate route with temporary closure of HarbourPassage Unique design features Two-way lane Centre of road Temporary bollards Signals for cyclists Provincial Highway Limitations of Provincial Motor Vehicle Act Components of Draft Cycling Strategy Reinforces need for philosophy Prioritization of Routes Multi-factor rating system Focus on centreof City, connecting neighbourhoods Components of Draft Cycling Strategy Risk-based approach to determine type of facility required Bike Path Protected Bike Lane Bike Lane Shared Lane Components of Draft Cycling Strategy Specific recommended short term and long term improvements Use of Transportation Model Partnerships with cyclists and the greater community Education and promotion campaigns Wayfinding strategy Sustained partnerships, advisory committee Overcoming bottlenecks using Transit w/ bike racks Provincial Motor Vehicle Act cyclists Recent improvements in the MVA Gaps exist to achieve our aspirational goal Likely request an advocacy role from Common Council as part of MoveSJPhase 3 adoption recommendations Provincial Highways Partnership with UNB Transportation Group Goal is to build infrastructure that will be used Cycling Strategy uses risk-based approach to decide type of cycling facility needed on a given street Risk tolerance levels vary among cyclists Hypothesis: Building more robust cycling facilities (greater lifecycle costs) with a reduced risk profile increases demand UNB Transportation Group project to test this hypothesis to support future business cases How much does cycling infrastructure support growth? Recommendation and Next Steps Recommendation: Receive and file Next Steps: Presentation of remaining draft strategies to Common Council Stakeholder and public input Recommendation to Council for adoption of Phase 3 strategies v9{Lhb{ inal Draft Report IBI GROUP FINAL DRAFT REPORT CITY OF SAINT JOHN TRANSPORTATION STRATEGIC PLAN PHASE 3 Prepared for City of Saint John October 29, 2019 i IBI GROUP FINAL DRAFT REPORT CITY OF SAINT JOHN TRANSPORTATION STRATEGIC PLAN PHASE 3 Prepared for City of Saint John October 29, 2019 ii IBI GROUP FINAL DRAFT REPORT CITY OF SAINT JOHN TRANSPORTATION STRATEGIC PLAN PHASE 3 Prepared for City of Saint John October 29, 2019 iii IBI GROUP FINAL DRAFT REPORT CITY OF SAINT JOHN TRANSPORTATION STRATEGIC PLAN PHASE 3 Prepared for City of Saint John October 29, 2019 1 IBI GROUP FINAL DRAFT REPORT CITY OF SAINT JOHN TRANSPORTATION STRATEGIC PLAN PHASE 3 Prepared for City of Saint John October 29, 2019 2 IBI GROUP FINAL DRAFT REPORT CITY OF SAINT JOHN TRANSPORTATION STRATEGIC PLAN PHASE 3 Prepared for City of Saint John Exhibit 1.1: Trails and BIkeways Strategic Plan Route Classifications October 29, 2019 3 Exhibit 1.2: 2010 Trails & Bikeways Strategic Plan October 29, 2019 4 October 29, 2019 5 October 29, 2019 6 Exhibit 1.3: PlaySJ Trails and Connectivity Map October 29, 2019 7 October 29, 2019 8 Exhibit 1.4: Central Peninsula Complete Streets and Active Transportation Plan October 29, 2019 9 October 29, 2019 10 Exhibit 1.5: Coastal Link Trail Saint John Map October 29, 2019 11 October 29, 2019 12 October 29, 2019 13 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John “ October 29, 2019 14 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John October 29, 2019 15 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John October 29, 2019 16 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John October 29, 2019 17 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Exhibit 3.1: Infill Analysis Tool for Evaluating Cycling Impact October 29, 2019 18 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John October 29, 2019 19 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Exhibit 3.2: Cycling Facility Pre-Selection Nomograph Source: OTM Book 18 (2013), p. 30 October 29, 2019 20 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Exhibit 3.3: Overview of Cycling Facility Classes & Types October 29, 2019 21 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Road Diet Informational Guide October 29, 2019 22 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Action 1: Cycling Campaigns and Special Events October 29, 2019 23 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Exhibit 4.1: Bike to Work Day Morning Reception in a mid-sized Canadian City October 29, 2019 24 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Exhibit 4.2: Sample photos of a ‘Wear Yellow and Walk to School Day’ campaign Action 2: Community Group Bike Rides October 29, 2019 25 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Action 3: Host Pop-Up Promotional Events Action 4: Investigate the Feasibility of Commuter Incentive/Disincentive Initiatives October 29, 2019 26 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Action 5: Conduct Safe Cycling and Driving Campaign October 29, 2019 27 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Action 6: Support Cycling Education Programs Action 7: Implement Positive Enforcement Events wrongright. October 29, 2019 28 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Action 8: Cycling trails and route map (online and in-print) Action 9: Active Transportation Wayfinding and Signage Strategy Action 10: Personalized Trip Planning Support October 29, 2019 29 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Action 11: Bike Valet at Major Events and Festivals Action 12: Pilot a River Jumper Service to Overcome Natural Barriers Exhibit 4.3: Hamilton Mountain Climber Signage October 29, 2019 30 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Action 13: Offer bike loans through the library system or a community organization Action 14: Examine the Feasibility of a BikeShare System Exhibit 4.4: Types of BikeShare Systems Operating in Canada October 29, 2019 31 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Action 15: Explore the interest for School Travel Planning Action 16: Implement a Municipal Cycling Advisory Committee October 29, 2019 32 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Exhibit 4.5: Typical Role of a Cycling Advisory Committee (from the League of American Bicyclists) Action 17: Host a Community Cycling Transportation Summit October 29, 2019 33 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John Exhibit 4.6: Summary of Recommended Programming Actions October 29, 2019 34 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John October 29, 2019 35 SAINT JOHN TRANSPORTATION STRATEGIC PLAN Active Transportation Impact Analysis Score 0 - 15 16 - 35 36 - 50 51 - 70 71 - 90 Base Information 1:70,000 km 01.753.5 Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community \\\\caneast.ibigroup.com\\J\\HM\\Toronto\\120649_SJ_TSP_Ph3\\7.0_Production\\7.7_Spatial_Design\\z_GIS\\Scripts\\Cycling_Impact_Analysis\\MXD\\TMM_sj-cia-results_2019-07-22.mxd2019-08-12 D B !SE UTU SF IMD IJM M J EO !SF ! 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S CHRDUT AACINM 12 S MENAIN CABPIT AACBR MT CAELU AVL MT ECD S RA OSTRO S B RWROS HR R I LDU DL R AV W LAWRERVIE NCERCOVEAD DLWELPO OBR SLL AI Highway ERH IRIV N G R UE BE COLUUSP DN RH EF EA ATL RD C R CD 11 RA E Road OIY W SLR AAVD SN DE E RV 10 L I C FREELNM 0R 12P G IX F FE O Rail R D W RR ND E E RG 3 A G E T E XNW I THMA AY 9OS CRT 0JMK RILWE RT City Boundary AA PTP SL O R DNT DSS RTTWT GSST EWSLU II T TIVOD AV YL EIRLRLO KAEE LDSW IVN R 9 IINDS MLRT CEST EWO P SVR CHUROD RIE HPI AREC V Water BW C NSTW AH M 8 A M P STL A E GIN R OS TT E G D CD E VM AO EDN VL RCKAT OR APN S CS DTTAAD ECEHES TRLINTR RX SEWEST ITRRRN CTDWYL VA EEER KREOIN RLRLDGRIFF ROOCRE DHL ITED VETODDHE ANSURTYFA SURS LD GDIDYR TVNIGBD RXITE ARHEA V COE1 RIL19ARPA S DW EN N BA Y SRNN T IU CA D KR DW 45 7 YOSHI RRUNUPP LAWG STLEDRE OUORTBSEW OENCTVI BER WV STU UAO R RCTE CXI119BRP WSIMMS STWBED MINA WDSCH ORNWOE R STN WTSA ITSFD DTIE SCTSRLR ENSIMMSD LOKE STDE D HOSHERBROTAV LN I 6 OUWARD 1:50,000 JNMAE HHSS TUAT RETBFUS ANDCES DRINEVMY DEL RRTREAL AANRP OANMONSFIN VDELLL TSID STE E ASEVJOTOWE RARLC 7SEL I HT LSEO KO WESNTARS YRGY RAVIMLE T AWEFST NO HA TL HS OD SKIERIS RSTEDNCO RLL DD RDANELLSDR TERV OR km P S BC ARD OR Y TCR V IELA IAM EORB V CEWS I EEB L RDWA U ANC RF LAL 01.252.5 LLF RL AEIFN INTL AGH VFR VE U D RP LTV DRCO A TSY L B E EED L LTT AVHIS NK H ASN RHYL E ON BP 7 R A1 T 1 RXIO E Y T R D IC C TD OR R CA CEHG OL DO ALLINARSIS NAVL NNRIR VN EALDY OO SR HG D RBWA CHIW EITANO INHA NT LERSC AN VVCENTENN EIAA IL EA WND R ED XC IDT T 9 6 RC R P S A N D A L T WERCF INR OE TD OR DR C GAH ELICRD DIU L O L R E WD D O GR R TGE IDE SR EV xO YoW C WF Wild WRD NCN J AEA ELED NCS CL ODAYDR N I FAMYC CRLARKH E R S T \\\\caneast.ibigroup.com\\J\\HM\\Toronto\\120649_SJ_TSP_Ph3\\7.0_Production\\7.7_Spatial_Design\\z_GIS\\Data\\Feasibility_Review\\Maps\\TMM_sj-tct-implementation_2019-09-16.mxd2019-09-20 IBI GROUP Final Draft Report City of Saint John Transportation Strategic Plan Phase 3 Prepared for City of Saint John October 29, 2019 36 October 29, 2019 37 October 29, 2019 38 October 29, 2019 39 October 29, 2019 40 October 29, 2019 41 September 23, 2020 Common Clerk City of Saint John 15 Market Square PO Box 1971 Saint John, New Brunswick E2L 4L1 commonclerk@saintjohn.ca Mk¯ >kk ~p N~ Ä +s ~p N^s| <~r| J~~ki "gsk P^|~ Jz^| The University of New Brunswick would like to express its support for the proposed Active Transport Plan currently under consideration with the Saint John City Council. This plan would improve the safety of cyclists in the City which has the potential to have a wide range of benefits for the community. With cyclists feeling safer on the road, there would be more individuals interested in cycling for recreation and to commute. This could lead to reduced wear on the road infrastructure, reduced maintenance costs and reduced pressure on parking for the city as well as businesses and institutions. Improving the connection between the UNB Saint John campus and Uptown Saint John, along with the remainder of the trail network, could also provide further benefits. Many students, and graduate students in particular, choose to use cycling and public transit to commute to and from campus. With Uptown being a population area for students, an improved connection could lead to increased enrolment of our out-of-province students which could have major benefits for the local economy. UNB Saint John has just launched the Integrated Health Initiative, an ambitious program of education, research, social innovation and knowledge transfer, at the heart of which is wellness. A new facility, the Health and Social Innovation Centre, is planned with this at its core, surrounded by a healing garden and recreational green space. Active Transportation, as proposed by the City, is an important complement to our program, serving as an example of the principles we are teaching, as a support and reinforcement for students, faculty and staff on the importance of wellness, and as a means by which UNIVERSITY OF NEW BRUNSWICK PAUL J. MAZEROLLE PO BOX 4400 PO BOX 5050 Professor of Sociology Fredericton, NB Saint John, NB President and Vice-Chancellor Canada E3B 5A3 Canada E2L 4L5 T 506-453-4567 unb.ca president@unb.ca they can increase their personal fitness. It also provides the benefit of reducing traffic, emissions and vehicle congestion on our campus. Finally, this work has the potential to aid UNB in maintaining its commitment to sustainability outlined in the universsÌ |kz ^i~ki N^kqsg Vss~|¯ UNB Toward 2030 and the Climate Change Action Plan. With students, staff and faculty having a more viable active transportation option, emissions associated with campus commuters could be reduced which will benefit both the City and the University in reaching their emission reduction goals. We believe that the Active Transport Plan being considered would have a major positive impact on the community and offer our unqualified support for the initiative. With kind regards, Paul J. Mazerolle President and Vice-Chancellor UNIVERSITY OF NEW BRUNSWICK PAUL J. MAZEROLLE PO BOX 4400 PO BOX 5050 Professor of Sociology Fredericton, NB Saint John, NB President and Vice-Chancellor Canada E3B 5A3 Canada E2L 4L5 T 506-453-4567 unb.ca president@unb.ca {ğźƓƷ WƚŷƓ {ƚĭĭĻƩ /ƌǒĬ ЊЋЊЏ {ğƓķ /ƚǝĻ wƚğķ {ğźƓƷ WƚŷƓͲ b. 9Ћa ЎБ w9ʹ aǒƌƷźƦǒƩƦƚƭĻ CźĻƌķƭ źƓ {ğźƓƷ WƚŷƓ 5ĻğƩ {ğźƓƷ WƚŷƓ /ƚƒƒƚƓ /ƚǒƓĭźƌʹ Ļ ŷğǝĻ ƭƷƩǒŭŭƌĻķ ƚǝĻƩ ƷŷĻ ǤĻğƩƭ Ʒƚ ĬĻ ğĬƌĻ Ʒƚ ƚĬƷğźƓ ƨǒğƌźƷǤ ŅźĻƌķƭ źƓ {ğźƓƷ WƚŷƓ͵ Ļ ƩĻƦƩĻƭĻƓƷ ğƩƚǒƓķ ЊЉЉЉ ƦƌğǤĻƩƭͲ ƒƚƭƷƌǤ ǤƚǒƷŷͲ ğƓķ ğƩĻ ƷŷĻ ĬźŭŭĻƭƷ ƓƚƓ ƦƩƚŅźƷ {ğźƓƷ WƚŷƓ ĬğƭĻķ ƭƦƚƩƷƭ ƚƩŭğƓźǩğƷźƚƓ͵ 5ĻƭƦźƷĻ ƷŷźƭͲ ǞĻ ŷğǝĻ ƓĻǝĻƩ ŷğķ ŭǒğƩğƓƷĻĻķ ǒƭĻ ƚŅ ŅźĻƌķƭͲ ğƓķ ĻǝĻƓ ƌƚƭƷ ŅźĻƌķ ƷźƒĻ Ʒƚ ƚƩŭğƓźǩğƷźƚƓƭ ĬğƭĻķ ƚǒƷƭźķĻ ƚŅ {ğźƓƷ WƚŷƓ͵ hƷŷĻƩ ƒǒƓźĭźƦğƌźƷźĻƭ źƓ bĻǞ .ƩǒƓƭǞźĭƉ ŷğǝĻ ķĻķźĭğƷĻķ ƭƚĭĭĻƩ ŅźĻƌķƭ źƓ ŭƚƚķ ƩĻƦğźƩͲ ğƓķ Ʒŷźƭ ŷğƭ ƦƌğĭĻķ ǒƭ ğƷ ğ ƭźŭƓźŅźĭğƓƷ ķźƭğķǝğƓƷğŭĻ͵ Ļ ğƩĻ ǝĻƩǤ ğǞğƩĻ ƷŷğƷ ƷŷĻ /źƷǤ źƭ ǒƓķĻƩŭƚźƓŭ ƭǒƭƷğźƓğĬźƌźƷǤ ƩĻŅƚƩƒƭ ķǒĻ Ʒƚ ƌğĭƉ ƚŅ ŅǒƓķƭͲ ğƓķ Ʒŷźƭ ŷğƭ ĬĻĻƓ ğĭĭĻƌĻƩğƷĻķ ĬǤ /hL5ΏЊВ͵ Ļ ǞğƓƷ Ʒƚ ŷĻƌƦ͵ hǒƩ ƦƌğƓ Ǟƚǒƌķ ƓƚƷ ĭƚƭƷ ƷŷĻ /źƷǤ ğƓǤƷŷźƓŭͲ ğƓķ Ǟƚǒƌķ hƓĻ ƚŅ ƷŷĻ ĬźŭŭĻƭƷ ĭŷğƌƌĻƓŭĻƭ Ʒƚ ŅźĻƌķ ƒğźƓƷĻƓğƓĭĻ źƭ ƷŷĻ ĻǣƷĻƓƭźǝĻ ƓƚƓΏŭƩğƭƭ ŭƩƚǞźƓŭ ƭĻğƭƚƓ ǒƭĻ ƚŅ ŅźĻƌķƭ͵ ŷźƭ Ǟƚǒƌķ ƷğƉĻ ğ ŅźĻƌķ ƷŷğƷ źƭ źƓ ķĻĭĻƓƷ ƩĻƦğźƩͲ ğƓķ ƩǒźƓ źƷ źƓ ƚƓĻ ƭĻğƭƚƓͲ ƩĻƨǒźƩźƓŭ ĻǣƷĻƓƭźǝĻ ƩĻƦğźƩƭ Ʒƚ ƷŷĻ ŅźĻƌķ ƷŷğƷ ƷŷĻ /źƷǤ ŅƩğƓƉƌǤ ĭğƓƓƚƷ ğŅŅƚƩķ͵ Ļ ŷğǝĻ ķƩğŅƷĻķ ğ ŅźĻƌķ ƒğźƓƷĻƓğƓĭĻ ƦƌğƓ ƷŷğƷ Ǟƚǒƌķ ğƌƌƚǞ ŅźĻƌķƭ Ʒƚ ĬĻ ǒƭĻķ ƦĻƩƦĻƷǒğƌƌǤͲ ğƓķ Ǟƚǒƌķ ƩĻƭǒƌƷ źƓ ƨǒğƌźƷǤ ŅźĻƌķƭ ŅƚƩ ƷŷĻ ƌƚƓŭ ƷĻƩƒ͵ Ļ ŷğǝĻ ƒğƓǤ ƦƌğƓƭͲ ğƓķ Ǟƚǒƌķ ƦƩƚƦƚƭĻ ƷŷĻ ŅƚƌƌƚǞźƓŭ ƭƚƌǒƷźƚƓƭ͵ Њ͵ {ŷƚƩƷ ĻƩƒ Λ{ƷğƩƷźƓŭ ĻƓķ ƚŅ Ʒŷźƭ ŅğƌƌΜ Ļ Ǟƚǒƌķ ƌźƉĻ Ʒƚ ŷğǝĻ ĻǣĭƌǒƭźǝĻ ǒƭĻ ƚŅ ƷŷĻ {ŷğƒƩƚĭƉ ϔЋͲ .ĻğĭƚƓƭŅźĻƌķ ğƓķ \[ƚǞĻƌƌ ΛĬĻŷźƓķ ƷŷĻ .ĻƌǤĻğ ğƩĻƓğΜ ŅźĻƌķƭ͵ ŷźƭ Ǟƚǒƌķ ğƌƌƚǞ ǒƭ Ʒƚ ƦĻƩƒğƓĻƓƷƌǤ ĬğƭĻ ƚƦĻƩğƷźƚƓƭͲ ğƓķ ŷğƭ ƷŷĻ ğķǝğƓƷğŭĻ ƚŅ ĬƚƷŷ ĬĻźƓŭ ƌƚĭğƷĻķ źƓ ƦƩźƚƩźƷǤ ƓĻźŭŷĬƚǒƩŷƚƚķƭ Ʒŷǒƭ ƩĻķǒĭźƓŭ ƭƚƒĻ ƚŅ ƷŷĻ ĬğƩƩźĻƩƭ Ʒƚ ƦğƩƷźĭźƦğƷźƚƓ źƓ ƭƦƚƩƷ͵ Ļ Ǟƚǒƌķ ƒğƓğŭĻ ǒƭĻ źƓ ƭǒĭŷ ğ ǞğǤ ğƭ Ʒƚ ƦƩĻƭĻƩǝĻ ƷŷĻ ğƭƭĻƷͲ źƓĭƌǒķźƓŭ ğƦƦƩƚƦƩźğƷĻ ŅźĻƌķ ƩƚƷğƷźƚƓ ğƓķ ƩĻƭƷ ƦĻƩźƚķƭͲ ğƓķ Ǟƚǒƌķ ĻǝĻƓ ğƭƭǒƒĻ ğƌƌ ƒğźƓƷĻƓğƓĭĻ ĭƚƭƷƭ ŅƚƩ ƷŷƚƭĻ ŅźĻƌķƭ͵ Ћ͵ aĻķźǒƒ ĻƩƒ Λ{ƷğƩƷźƓŭ ƓĻǣƷ ƭƦƩźƓŭΜ Ļ Ǟƚǒƌķ ƌźƉĻ Ʒƚ ƷğƉĻ ƚǝĻƩ ƷŷĻ {ŷğƒƩƚĭƉ tğƩƉ ŅźĻƌķ ğƭƭĻƷƭ Λ9ƒĻƩğ ǒƩŅͲ ğƓķ {ŷğƒƩƚĭƉ ϔЌ ŅźĻƌķƭΜ͵ ŷźƭ Ǟƚǒƌķ ğƌƌƚǞ ǒƭ Ʒƚ ĬğƭĻ ƚƦĻƩğƷźƚƓƭ źƓ Ʒŷźƭ ğƩĻğ ƚŅ ƷŷĻ /źƷǤ͵ Ļ Ǟƚǒƌķ ƩĻƓƷ ƚǒƷ ƷŷĻ ŅźĻƌķƭ Ʒƚ ƚƷŷĻƩ ƚƩŭğƓźǩğƷźƚƓƭ ğƓķ ŷğƓķƌĻ ğƌƌ ƚŅ ƷŷĻ ĬƚƚƉźƓŭƭ͵ ŷźƭ Ǟƚǒƌķ ŷĻƌƦ ƚŅŅƭĻƷ ƷŷĻ ĭƚƭƷ ƚŅ ŅźĻƌķ ƒğźƓƷĻƓğƓĭĻ͵ Ќ͵ aĻķźǒƒ ĻƩƒ Λŷźƭ ƭƦƩźƓŭ ŅƚƩ ƷŷĻ .ĻƌǤĻğ {W{/ ƷƩğźƓźƓŭ ĭĻƓƷƩĻ ğƓķ Ў ǤĻğƩƭ ŅƚƩ ƷŷĻ ƓĻǞ ƷǒƩŅ ğƷ \[ƚǞĻƌƌΜ Ļ Ǟƚǒƌķ ƌźƉĻ Ʒƚ ĻǣƦƌƚƩĻ ƷğƉźƓŭ ƚǝĻƩ ƷŷĻ .ĻƌǤĻğ ğƩĻƓğ ğƭƭĻƷ ğƓķ ƷǒƩƓźƓŭ źƷ źƓƷƚ ğƓ źƓķƚƚƩ ƷƩğźƓźƓŭ ŅğĭźƌźƷǤͲ ğƓķ źƓƭƷğƌƌźƓŭ ğƩƷźŅźĭźğƌ ƷǒƩŅ ƚƓ ƷŷĻ ƚǒƷķƚƚƩ ŅźĻƌķ͵ ŷźƭ Ǟźƌƌ ĬĻ ğĭĭƚƒƦƌźƭŷĻķ ƷŷƩƚǒŭŷ ğ ƦğƩƷƓĻƩƭŷźƦͲ ğƓķ ǞĻ ŷğǝĻ ŷğķ ĭƚƓǝĻƩƭğƷźƚƓƭ ǞźƷŷ ƚƷŷĻƩƭ ƷŷğƷ Ǟƚǒƌķ ƌźƉĻ Ʒƚ ƒğǣźƒźǩĻ ğƌƷĻƩƓğƷźǝĻ ƩĻĭƩĻğƷźƚƓğƌ ǒƭĻƭ ŅƚƩ ƷŷĻ ŅğĭźƌźƷǤ͵ Ļ Ǟƚǒƌķ ƌźƉĻ Ʒƚ ƒƚǝĻ ŅƚƩǞğƩķ ƨǒźĭƉƌǤ ǞźƷŷ ğƌƌ ƚŅ ƷŷĻƭĻ ƦƌğƓƭ ğƓķ ƓĻĻķ ǤƚǒƩ ƭǒƦƦƚƩƷͲ ğƭ ǞĻ ŷğǝĻ ğƓ ĻƓƷŷǒƭźğƭƷźĭ ĬƚğƩķ ƷŷğƷ źƭ ƉĻĻƓ Ʒƚ ķĻǝĻƌƚƦ ğƓķ ŭƩƚǞ ǤƚǒƷŷ ƭƦƚƩƷ źƓ {ğźƓƷ WƚŷƓ͵ {ğźƓƷ WƚŷƓ {ƚĭĭĻƩ /ƌǒĬ Λ.ƚğƩķ ƚŅ 5źƩĻĭƷƚƩƭ ЋЉЋЉΜ͵ /ƚƓƷğĭƷ LƓķźǝźķǒğƌƭʹ .ĻƓ /ǒƩƩǤͲ CźĻƌķΉCğĭźƌźƷǤ /ƚƚƩķźƓğƷƚƩ Ώ ĬĻƓθƭğźƓƷƆƚŷƓƭƚĭĭĻƩ͵ĭğ DǒǤ ĻƩƓğͲ tƩĻƭźķĻƓƷ Ώ ƦƩĻƭźķĻƓƷθƭğźƓƷƆƚŷƓƭƚĭĭĻƩ͵ĭğ /ǒźƌĻğƓ IĻƓķƩğͲ źĭĻ tƩĻƭźķĻƓƷ Ώ ĭǒźƌĻğƓθƭğźƓƷƆƚŷƓƭƚĭĭĻƩ͵ĭğ t.\[L/ w9thw Cwha /haaL99 hC I9 Ih\[9 M&C No. M&C 2020-252 Report Date October 08, 2020 Meeting Date October 08, 2020 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Report from Committee of the Whole SJW Bill Payment Support FINAL.docx AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager J. Brent McGovern J. Brent McGovern John Collin REPORT SUMMARY The team at Saint John Water understands that during this unprecedented time some customers are facing financial hardship. Saint John Water has supported customers throughout the pandemic and will continue to do so. Payment plan options remain available to Saint John Water customers whose finances have been affected by the pandemic and who cannot make full payments. Customers who adhere to the payment plan will not incur interest charges. Saint John Water will restart the collections process for past due accounts which could result in a service interruption for the customer. However, as the preferred solution, Saint John Water will remain focused on working with customers on payment plans. If customers feel their finances have been affected by the pandemic and they cannot make full payments, they should call our customer support team at 506 635-2013 to discuss payment options. Saint John Water is committed to working with all of our valued customers. Feedback on the payment solutions offered has been positive. We appreciate the ongoing communication and trust customers have had to work with us as we offer support during these challenging times. {ğźƓƷ WƚŷƓ ğƷĻƩ tğǤƒĻƓƷ hƦƷźƚƓƭ Payment options have never been easier. There are now numerous ways to make contact-free (safe) payments. Customers can visit the payment section of www.saintjohn.ca for online payments, credit card telephone options are available and auto-withdrawal/preauthorized debit is also an option. Alternatively, payments can be made through a customers bank or in-person at City Hall. COUNCILREPORT M&C No.2020-245 Report DateOctober 07, 2020 Meeting DateOctober 13, 2020 Service Area Corporate Services His Worship Mayor Don DarlingandMembers of Common Council SUBJECT: Sale of Vacant Lot at Civic #55 Boars Head Road to 639282 NB Ltd. OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Melanie TompkinsJohn Collin RECOMMENDATION That The City of Saint John enterinto the Agreement of Purchase and Sale with 639282 NB Ltd., in the form as attached to M & C # 2020-245for the sale of PID No. 55147383, also known as civic #55 Boars Head Road and further that the Mayor and Common Clerk be authorized to execute the documents necessary to effect the conveyance of PID No. 55147383. EXECUTIVE SUMMARY In 2018, Council considered and approved the sale of a 688 square metre parcel of Land for Public Purposes, located off Boars Head Road for the purpose of conveying a 100-square metre portion to an adjoining residential property with the remaining588square metres to be offered for sale for residential development. After two years of being offered for sale with little interest, a prospective purchaser is seeking to acquire the lot with the plan of constructing a one or two family dwelling on the site. This lot will require additional fill to be brought in to bring the site up to a suitable grade. In addition, this lot is not readily serviced with municipal and public utilities and it will be the responsibility of the purchaser to extend services to the lot. As shown on an attached plan of survey of the subject property, the City will retain a local governance easement at the time of conveyance of the property for the protection and ongoing maintenance of existing City pipesthat run through the frontage of this lot.The purchaser is offering to acquire the lot for $25,000.00subject to the attached Agreement of Purchase and Sale. Considering the additional costs associated with the - 2 - development of this lot, Real Estate Services are of the view that this is a reasonable offer. PREVIOUS RESOLUTION At its meeting held on January 15, 2018 Council considered and adopted a resolution (M & C No. 2018-12) to seek the concurrence of the Planning Advisory Committee to sell a 688 square metre parcel of Land for Public Purposes designated PID #55147383 and to convey a 100-metre portion of the lot to an adjoining property owner with the remaining portion (being 588 square metres) offered to the public for sale. The Planning Advisory Committee at its March 18, 2018 meeting concurred with Common Council for the sale of land previously vested as Land for Public Purposes. REPORT The City owned lot has been advertised for sale for approximately two years with very little interest generated by the public. It comes with a few challenges, including: the requirement for additional fill to raise the level of the land, municipal and public utilities must be extended from the main lines on Boars Head Road and the sidewalk and curb will need to be cut to allow for the installation of a new driveway. In addition, the attached plan of survey shows a local governance easement the City will need to retain to service existing sewer and water lines that run through the front of this lot. The proposed purchase price for this lot (subject to Council approval) is less than the market rate for this area but considering the length of time this lot has been for sale on the open market, the additional costs to be incurred for raising the grade of the lot, and the municipal services and public utilities that will need to be extended to this lot, staff considers this offer to be acceptable. STRATEGIC ALIGNMENT Revenue generation, cost avoidance and tax base growth are critical contributors to the /źƷǤ͸ƭ ǝźƭźƚƓ Ʒƚ ĬĻĭƚƒĻ ƭǒƭƷğźƓğĬƌĻ ğƓķ Ʒƚ ğĭŷźĻǝĻ ŭƩƚǞƷŷ ğƓķ ƦƩƚƭƦĻƩźƷǤ͵ SERVICE AND FINANCIAL OUTCOMES There is no anticipated impacts to service levels from this sale and development, save and except the minor uptake of water and sewer service capacity in their respective neighborhoods. The sale of City owned lands results in proceeds of sale complimented by new tax revenues and cost aversion. It is anticipated that the proposed investment and improvements upon these lands will result in additional tax proceeds to the City - 3 - in the range of $4,000.00 per annum. In addition, the sale of this property results in proceeds of $25,000.00 to the City. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Infrastructure Development has provided their input into the preparation of this report. ATTACHMENTS 1. Location Map; 2. Plan of Survey; and 3. Agreement of Purchase and Sale.