2020-12-21_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
AGENDA
Monday, December 21, 2020
6:00 pm
2nd Floor Common Council Chamber, City Hall
Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Pages
1. Call to Order
2. Approval of Minutes
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1. City Market Lease with The Blue Pelican Bath and Body (Recommendation in 4 - 31
Report)
6. Members Comments
7. Proclamation
8. Delegations / Presentations
9. Public Hearings - 6:30 p.m.
10. Consideration of By-laws
11. Submissions by Council Members
12. Business Matters - Municipal Officers
12.1. City Manager Verbal Update
12.2. Demolition of Vacant, Dilapidated and Dangerous Buildings at 14-16 Exmouth 32 - 58
13
14
15
16
17
iE?
Street (PID 00012864)
12.3. Demolition of Vacant, Dilapidated and Dangerous Buildings at 206 Norris
Road (PID 00328765)
Committee Reports
Consideration of Issues Separated from Consent Agenda
General Correspondence
15.1. Saint John Police Force 2021 Operating Budget (Recommendation: Receive
for Information)
Supplemental Agenda
Committee of the Whole
17.1. Burchill Project — Memorandum of Agreement
17.2. Interim Funding - Regional Economic Development Agency of Greater Saint
John
17.3. Progress Report on Wind -Down of Develop Saint John and Discover Saint
John
Adjournment
4•
83 - 92
93 - 93
94 - 98
99 - 106
1
u
City of Saint John
Common Council Meeting
Monday, December 21, 2020
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the
provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a
decision(s) in that respect in Open Session:
4:00 p.m., 2"d Floor Boardroom City Hall
1.1 Financial Matter 68(1)(c)
1.2 Financial Matter 68(1)(c,f)
1.3 Financial Matter 68(1)(c)
To ensure the City may safely hold in -person Council meetings during the global COVID-19 pandemic our
approach conforms to the requirements of the declared New Brunswick State of Emergency, the direction
of the New Brunswick Chief Medical Officer of Public Health and of WorkSafeNB.
The following measures apply to all members of the public who enter City Hall Council Chambers:
• Face covering is mandatory for all individuals prior to entering City Hall and while in attendance
at a Council or Committee meeting
• All individuals will be screened before entering the Council Chambers (a temperature check, a
screening questionnaire, hand sanitizing, and personal contact information recorded)
• Physical distancing will be maintained in the Council Chambers gallery and the Overflow area
• Due to limited seating capacity the public is asked to pre -register to attend a Public Council
meeting, please contact the Office of the City Clerk, Monday to Friday between 8:30 a.m. and 4:30
p.m. by calling 658-2862 or anytime by e-mail at commonclerk@saintiohn.ca
Members of the public who wish to observe the Council meeting are encouraged to watch the live
broadcast on RogersTV or the live webcast via the City of Saint John website.
Members of Council and staff must also follow the health and safety directions of the declared State of
Emergency. Face coverings are mandatory and must be worn at all times prior to entering the Council
Chambers and while in attendance at the meeting, with the following exception: Individuals (Council and
staff) who have assigned seating at the Council table may remove their face covering only while seated in
their designated spot with physical barriers in place.
2
Pour que la Ville puisse tenir des reunions en personne en toute securite pendant la pandemie mondiale
de COVID-19, nous avons adopte une approche conforme aux exigences de 1'etat d'urgence declare du
Nouveau -Brunswick, aux directives du medecin hygieniste en chef du Nouveau -Brunswick et de
Travail securitaire NB.
Les mesures suivantes s'appliquent a tous les membres du public qui entrent clans la salle du conseil de
I'h6tel de ville :
• II est obligatoire pour tous de se couvrir le visage avant d'entrer a I'h6tel de ville et pendant qu'on
assiste a une reunion du Conseil ou du Comite.
• Toutes les personnes feront l'objet d'un contr6le avant d'entrer clans la salle du Conseil
(verification de la temperature, questionnaire de contr6le, desinfection des mains et
enregistrement des coordonnees personnelles).
• La distance physique sera maintenue clans la salle du Conseil et clans I'aire de places
supplementaires.
• En raison du nombre limite de places, le public est prie de s'inscrire a I'avance pour assister a une
reunion publique du Conseil. Veuillez communiquer avec le Bureau du greffier municipal, du lundi
au vendredi, entre 8 h 30 et 16 h 30, en composant le 658-2862 ou en tout temps par courriel a
I'adresse commonclerk@saintiohn.ca.
Les membres du public qui souhaitent observer la reunion du Conseil sont encourages a regarder la
diffusion en direct sur RogersTV ou la webdiffusion en direct sur le site Web de la Ville de Saint John.
Les membres du Conseil et le personnel doivent egalement suivre les directives en matiere de sante et de
securite de 1'etat d'urgence declare. Les masques sont obligatoires et doivent etre portes en tout temps
avant d'entrer clans la salle du Conseil et pendant la participation a la reunion. Cette obligation ne
s'applique pas aux personnes (membres du Conseil et du personnel) qui ont des sieges assignes a la table
du Conseil et qui peuvent retirer leur masque, mais uniquement une fois assises a 1'endroit designe avec
des barrieres physiques en place.
9
COUNCIL REPORT
M&C No.
# found on Sharepoint.
Report Date
December 16, 2020
Meeting Date
December 21, 2020
Service Area
Growth and
Community Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: City Market Lease with The Blue Pelican Bath and Body
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
1. That the City enter into a Lease for Stall 1 in the City Market with The Blue
Pelican Bath and Body, under the terms and conditions as set out in the
Lease submitted.
2. That the Mayor and Common Clerk be authorized to execute any necessary
documents.
EXECUTIVE SUMMARY
City staff and the owner/operator of The Blue Pelican Bath and Body have reached
an agreement that will have the business lease space described in Schedule "A" of
the lease in the City Market. The term will be for five (5) years, commencing
December 22, 2020 with an option to renew for an additional five (5) years. Rents
will be at market value as defined in Schedule C.
REPORT
City staff and the owner/operator of The Blue Pelican Bath and Body have reached
an agreement that will have the business lease space described in Schedule "A" of
the lease in the City Market. The term will be for five (5) years, commencing
December 22, 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
4
-2-
the different business nature, scope and investment of this tenant. The Blue
Pelican will be occupying stall 1 which is located on the North side of the Market,
next to North Market Seafood.
The Blue Pelican Bath and Body will be selling of cold process soap, bath bombs,
bath truffles/bars, body butter, lotions, lip balms, beard balms, hair serum,
shampoo bars, conditioner bars, sugar scrub, face masks, bath salts, lip stain,
salves, massage oils, and essential oils. These products are currently not offered
by any full-time vendors, Blue Pelican Bath and Body will increase the diversity of
offerings to shoppers at the City Market.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
Growth and Prosperity:
The Blue Pelican Bath and Body joining the City Market will help in the growth and
prosperity of the City Market, and in turn, the City of Saint John. Their inclusion
at the Market will be a part of the growth of the Uptown Core which aids in
maintaining a livable community that is vibrant and diverse, while providing an
integrated approach to economic development.
SERVICE AND FINANCIAL OUTCOMES
The operation and presence of The Blue Pelican Bath and Body within the City
Market will continue to add to a vibrant scene in the City's Uptown area, focusing
on both local and visiting patrons. This Lease will generate revenue of
approximately $10,000 per annum for the City.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Staff of the City Market and Facility Management has provided input into the
preparation of this report and the City's Legal Department has reviewed the Lease
Agreement.
ATTACHMENT
Lease Agreement with The Blue Pelican Bath and Body.
5
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 —
Jillian Margeurite Laskey, a Corporation registered under the laws of the Province of New
Brunswick, having its registered office at 86 Meadow Drive, Darlings Island, New
Brunswick, doing business as "The Blue Pelican Bath and Body", the "Lessee".
The "Rules and Regulations" attached hereto as Schedule "D" and the Pre -Authorized
Debiting Form attached hereto as Schedule "D-1" form part of this lease.
The Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on
the following conditions:
Duration:
Date of Commencement:
Date of Termination:
Payment Dates:
Place of Payment:
5 years
December 22, 2020
December 21, 2025
First day of each and every month
during the term hereof
Cashier's Office
City Hall
Saint John, NB
This lease contains the covenants and conditions which are set out in Schedule "C" attached
hereto.
Dated on 92020.
SIGNED, SEALED & DELIVERED ) THE CITY OF SAINT JOHN
in the presence of: )
Mayor
Common Clerk
Common Council Resolution:
The Blue Pelican Bath and Body
Per:
And:
2020
R
PROVINCE OF NEW BRUNSWICK
COUNTY OF KINGS
I, VICTORIA H. MORRISSEY, a Notary public in and for the
Province of New Brunswick, by Royal Authority, duly appointed,
commissioned and affirmed and resident therein at the Town of
Hampton, in the County of Kings and Province aforesaid, DO
HEREBY CERTIFY that the paper attached hereto annexed as
Exhibit "A" is a true copy of documents produced and shown to me
and being a true copy of the Drivers Licence and Provincial Health
Care Card of JILLIAN MARGUERITE LASKEY and consisting of
2 page which has been initialled by me, an act whereof having been
requested I have granted under my notarial form and seal of office to
serve and avail as occasion shall or may require.
IN TESTIMONY WHEREOF I have hereunto subscribed my name
and affixed my seal notarial at the aforementioned Town of Hampton,
this 15th day of December, 2020.
A NOTARY PUBLIC IN AND
FOR THE PROVINCE OF
NEW BRUNSWICK
7
LEASE FOR STALL SPACE
CITY MARKET
The Blue Pelican Bath and Body
SCHEDULE "C"
ARTICLE I
DEFINITIONS
1.01 Definitions
In this lease:
a) "Additional Rent" means all and any monies required to be paid by the Lessee to the Lessor
under or pursuant to the terms of this Lease, save only for Gross Rent;
b) "Architect" shall mean the architect from time to time named by the Lessor or at the option
of the Lessor, the Lessor's general contractor. Any certificate provided by the Architect and
called for by the terms of this Lease shall be final and binding on the parties hereto;
c) "Atrium Seating/Food Court" means those portions of the Common Areas designated by the
Lessor from time to time for use in support of the operations of any group of 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) "City Market" means the lands and premises known by the civic address 47 Charlotte Street,
Saint John, New Brunswick, as such lands and premises may be altered, expanded or reduced
from time to time and the buildings, improvements, equipment and facilities erected thereon
or situate from time to time therein;
e) "Commencement Date" means a date determined in accordance with the provisions of
Section 2.03;
f) "Common Areas" means those areas, facilities, utilities, improvements, equipment and
installations in the City Market which from time to time are not designated or intended by the
Lessor to be leased to 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) "C.P.I." means the Consumer Price Index (All Items) for Canada (or any index published in
substitution for the Consumer Price Index or any other replacement index reasonably
designated by the Lessor, if it is no longer published) published by Statistics Canada (or by
any successor thereof or any other governmental agency, including a provincial agency);
h) "Gross Rent" means the annual Gross Rent payable by the Lessee pursuant to Section 3.01;
i) "Hazardous Substances" means any contaminant, pollutant, dangerous substance, potentially
dangerous substance, noxious substance, toxic substance, hazardous waste, flammable,
explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's or any
other substances or materials that are declared or defined to be hazardous, toxic,
contaminants or pollutants in or pursuant to any applicable federal, provincial or municipal
statute, by-law or regulation;
L
Lease for Stall Space — City Market
The Blue Pelican Bath and Body
Schedule "C"
- Page 2 -
j) "HST" means harmonized sales taxes, value-added taxes, multi -stage taxes, business transfer
taxes or other similar taxes however they are characterized and any taxes in lieu thereof,
k) "Lease" means this indenture of lease and includes any riders and schedules hereto and shall
also include any agreements entered which have the effect of amending this indenture from
time to time;
1) "Leased Premises" means the premises leased to the Lessee as referred to and described in
Section 2.01 hereof. Save as mentioned below, the boundaries of the Leased Premises shall
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) "Lease Year" shall mean a period of time commencing on December 22, 2020 and ending on
December 21 of the following year. Thereafter Lease Years shall consist of consecutive
periods of twelve calendar months ending in each case on December 21, 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) "Lessee" means the party named as Lessee in this Lease;
o) "Lessor" includes the Lessor and its successors and assigns;
p) "Operating Costs" means the total cost and expense incurred in owning, operating,
maintaining, managing and administering the City Market and the Common Areas,
specifically including without limiting the generality of the 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) "Proportionate Share" means a fraction, the numerator of which is the Rentable Area of the
Leased Premises and the denominator of which is the Rentable Area of the City Market;
r) "Rent" means all Gross Rent and Additional Rent payable pursuant to the terms of this
Lease;
s) "Rentable Area of the City Market" means the area in square feet of all rentable premises in
the City Market set aside for leasing by the Lessor from time to time, except for any
occupancy as designated by the Lessor for which there is no Gross Rent payable. Provided
however that the Lessor shall credit to Operating Costs any contributions received in respect
of such Operating Costs from the occupants of any of the areas excluded from the Rentable
Area of the City Market in accordance with this definition. Provided further that in
determining the fraction that is the Lessee's Proportionate Share, if the Leased Premises
consists of any of the foregoing excluded categories, the Rentable Area of that category will
be included in the Rentable Area of the City Market;
t) "Rentable Area of the Leased Premises" means the area expressed in square feet of all floors
of the Leased Premises measured from:
�i
Lease for Stall Space — City Market
The Blue Pelican Bath and Body
Schedule "C"
- 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) "Rules and Regulations" means the rules and regulations adopted and promulgated by the
Lessor from time to time acting reasonably, including those listed on Schedule "D";
v) "Taxes" means all duties, real property taxes, charges, assessments and payments, from time
to time levied, assessed or imposed upon the City Market or any part thereof or upon the
Lessor by reason of its ownership of the City Market, by any taxing authority. Taxes shall
also include any penalties, late payment or interest charges imposed by any municipality or
other taxing authority as a result of the Lessee's late payments of any taxes or instalments
thereof. For greater certainty "Taxes" shall exclude any penalties or interest incurred by the
Lessor as a result of its failure to pay Taxes in a timely 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) "Term" means the period referred to in Section 2.03.
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 Stall
No. "1" as shown on Schedule "A" attached hereto and contain a Rentable Area of approximately Three
Hundred and Eight (308 ft2) which is comprised of approximately Two Hundred and Sixty -Eight
(268 ft2) of leasable retail area and approximately Forty Square Feet (40 ft2) of storage 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 December 22, 2020 and fully to be completed and ended on December 21, 2025 save as
hereinafter provided for earlier termination.
PROVIDED THAT if there is any Lessor's Work or Lessee's Work to be performed prior to the
Lessee opening for business in the Leased Premises or the Leased Premises are occupied by a third party as
of the date of this Lease, the Commencement Date shall be the earlier of:
a) Forty (40) days after the Lessor has delivered vacant possession of the Leased Premises to
the Lessee notwithstanding that the Lessor may still, during such forty (40) 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
Premises are available for the commencement of the Lessee's Work, the Lessee shall immediately take
possession of the Leased Premises and shall occupy same for the purpose of fixturing and installing its
inventory, at its own risk, for a period of forty (40) days after receipt of such notice or until the Lessee
10
Lease for Stall Space - City Market
The Blue Pelican Bath and Body
Schedule "C"
- Page 4 -
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
Lessee's occupancy of the Leased Premises, then the time for commencement of the Term shall be
extended to correspond with the period of delay and the Lessee shall not be entitled to any abatement or
diminution of Rent (except that Rent shall not commence to be payable until possession of the Leased
Premises is given by the Lessor to the Lessee) nor shall the validity of this Lease or the parties' respective
obligations hereunder be affected. However, if the Lessor does not give vacant possession of the Leased
Premises to the Lessee within six (6) months of the date of this Lease, then the Lessor may, at is option,
terminate this Lease by written notice to the Lessee and 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
Lessee shall execute an acknowledgement of same on Lessor's usual form.
The Lessee shall pay all Gross Rent and Additional Rent calculated on a per diem basis, from the
end of the forty (40) 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 -Three Dollars and
Forty Cents ($33.40) 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
Storage Area Rate
Basement Space Rate
Promo/Advertising Fund
1
$32.00
$19.99
$2.99
6%
2
$33.00
$19.99
$2.99
6%
3
$34.00
$19.99
$2.99
6%
4
$34.00
$19.99
$2.99
6%
5
$34.00
$19.99
$2.99
6%
Year
Retail Space
Storage Area
Basement Space
Promo/Advertising
268
40
0
Year
Month
Year
Month
Year
Month
Year
1
$8576.00
$714.67
$809.60
$67.47
$0.00
$0.00
$563.14
2
$8844.00
$737.00
$809.60
$67.47
$0.00
$0.00
$579.22
3
$9112.00
$759.33
$809.60
$67.47
$0.00
$0.00
$595.30
4
$9112.00
$759.33
$809.60
$67.47
$0.00
$0.00
$595.30
5
$9112.00
$759.33
$809.60
$67.47
$0.00
$0.00
$595.30
There shall be no Additional Rent payable under this Agreement, save and except monies to be
paid under Article VI of this Lease.
11
Lease for Stall Space — City Market
The Blue Pelican Bath and Body
Schedule "C"
- Page 5 -
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
of the amount retained for application towards the last month's 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
construed to limit the Lessor's other rights under this Lease or at law or to limit the amount recoverable by
the Lessor for damages in respect of breaches by the Lessee of this Lease. If the Lessor uses all or part of
the deposit for the last month's 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 section. The Lessor may deliver the aforesaid deposit to any purchaser of the Lessor's interest in the
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
except in connection with a permitted Transfer, in which case the Lessee's interest in the deposit will be
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
authorized to debit the Lessee's bank account each month from time to time during each Lease Year in an
amount equal to the Gross Rent and Additional Rent payable on a monthly basis, and, if applicable,
generally any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis.
The Lessor shall sign a form of application which is the same or similar to Schedule "D-1", or as may be
required by the Lessee's bank, credit union or other financial institution.
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;
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 suspend the Lessee's obligations to pay the
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Taxes as herein provided pending the contest, but if by law it is necessary that such payment
be suspended to preserve or perfect the Lessee's contest, then the contest shall not be
undertaken without there being first deposited with the Lessor a 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 the Lessee's
proportionate share of any utility consumed.
ARTICLE VI
MERCHANTS' ASSOCIATION
6.01 Merchants' Association
If and when an association or corporation of merchants or lessees (the "Association") is formed
comprising tenants of the City Market, 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
The Lessee shall pay to the Lessor an amount equal to 6% of annual Gross Rent to be paid in
twelve (12) monthly instalments each instalment payable on the 1st day of each month during the Term.
ARTICLE VII
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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
cold process soap, bath bombs, bath truffles/bars, body butter, lotions, lip balms, beard balms, hair
serum, shampoo bars, conditioner bars, sugar scrub, face masks, bath salts, lip stain, salves, massage
oils, and essential oils.
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 "The Blue
Pelican Bath and Body" 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 herein authorized and allowed, the Lessee will be in breach of the Lessee's
obligations under the Lease, and then, without constituting a waiver of the Lessee's
obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease
will immediately become due and payable to the Lessor unless guaranteed to the satisfaction
of the Lessor. The Lessor will have the right, without prejudice to any other rights which it
may have under this Lease or at law, to obtain an 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
Leased Premises. In the conduct of the Lessee's business pursuant to this Lease the Lessee shall:
a) operate its business with due diligence and efficiency and maintain an adequate staff to
properly serve all customers; own, install and keep in good order and condition free from
liens or rights of third parties, fixtures and equipment of first class quality; and carry at all
times such stock of 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
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;
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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 -selling purposes except minor parts reasonably required for the Lessee's business
in the Leased Premises;
e) abide by all rules and regulations and general policies formulated by the Lessor, acting
reasonably, from time to time relating to the delivery of goods to the Leased Premises;
f) not allow or cause to be committed any waste upon or damage to the Leased Premises or any
nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the
City Market or which unreasonably 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
which in the Lessor's opinion, acting reasonably, hinders or interrupts the City Market's flow
of traffic in any way, obstructs the free movement or parties doing business in the City
Market;
h) not allow or cause business to be solicited in any part of the City Market other than the
Leased Premises, nor display any merchandise outside the Leased Premises at any time
without the prior written consent of the Lessor;
i) use the name designated for the City Market by the Lessor from time to time and all insignia
or 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
the Lessee will not acquire any rights in such names, marks or insignia and upon the Lessor's
request the Lessee will abandon or assign to the Lessor any such rights which the Lessee may
acquire by operation of law and will promptly execute any documents required by the Lessor
to give effect to this subparagraph (i);
j) not install or allow in the Leased Premises any transmitter device nor erect any aerial on the
roof of any building forming part of the City 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;
1) not install or allow in the Leased Premises any equipment which will exceed or overload the
capacity of any utility, electrical or mechanical facilities in the Leased Premises or of which
the Lessor has not approved. If the Lessee requires additional utility, electrical or mechanical
facilities, the Lessor may in its sole discretion if they are available elect to install them at the
Lessee's expense and in accordance with plans and specifications to be approved in advance
in writing by the Lessor;
m) not bring upon the Leased Premises any machinery, equipment, article or thing that by reason
of its weight, size or use, might in the opinion of the Lessor, acting reasonably, damage the
Leased Premises or overload the floors of the Leased Premises. Any such machinery,
equipment, article or thing shall be subject to removal by the Lessor without notice at any
time and such removal shall be done and all damages as a result thereof shall be made good,
in each case, at the cost of the Lessee, payable as Additional Rent on demand; and
n) observe and comply with all federal, provincial or municipal laws pertaining to or affecting
the Leased Premises, the Lessee's use of the Leased Premises or the conduct of any business
in the Leased Premises, or the making of any repairs, replacements, alterations, additions,
changes, substitutions or improvements of or to the Leased Premises, and the regulations of
any insurance underwriters in respect of the insurance maintained by the Lessor in respect of
the City Market, and carry out all modifications to the Leased Premises and the Lessee's
conduct of business or in use of the Leased Premises which may be required by any such
authorities.
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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:
the sale of secondhand goods or surplus articles, insurance salvage stock, fire sale
stock or bankruptcy stock;
ii. the sale of goods, except as may be specifically permitted by the provisions of Section
7.01;
iii. an auction, bulk sale (other than a bulk sale made to an assignee or sublessee pursuant
to a permitted assignment or subletting hereunder), liquidation sale, "going out of
business" or bankruptcy sale, or warehouse sale;
iv. any advertising or selling procedures which would, or any sale or business conduct or
practice which would, because of the merchandising methods or quality of operation
likely to be used, in either case in the Lessor's opinion, tend to lower the character of
the City Market or harm or tend to harm the business or reputation of the Lessor or
reflect unfavourably on the City Market, the Lessor or other tenants in the City Market
or tend to confuse, deceive, mislead or be fraudulent to the public; or
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
shall have the right at the Lessee's expense, payable as Additional Rent within fifteen (15) days of receipt
of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem
necessary for the purpose of ensuring compliance with this Section 7.04. The Lessee's obligations pursuant
to this Section 7.04 shall survive the expiration or earlier termination of the Term.
ARTICLE VIII
FIXTURES, ALTERATIONS AND REPAIRS AND
LESSOR'S CONTROL OF CITY MARKET
8.01 Installations by the Lessee
All equipment, fixtures and improvements installed by the Lessee in the Leased Premises shall be
new or completely reconditioned. The Lessee shall not make any alterations, additions or improvements or
install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting,
plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining the
Lessor's written approval and consent. The Lessee shall present to the Lessor plans and specifications in
form, content and such detail as the Lessor may reasonably require for such work at the time approval is
sought. The Lessee covenants that any work that may be done in respect of the Leased Premises by or on
behalf of the Lessee shall be done in such a manner as not to conflict or interfere with any work being done
or about to be done by the Lessor in or about the City Market, whether such conflict or interference shall
arise in relation to labour unions or otherwise and the Lessee shall obtain all requisite permits, licenses and
inspections in respect of any such work done by or on the Lessee's behalf. Notwithstanding anything
herein contained, the Lessee shall make no alterations, additions or improvements that are of a structural
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Schedule "C"
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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
Lessor on the Lessee's behalf by agreement under this Lease shall immediately upon installation or
affixation become the property of the Lessor without compensation therefor to the Lessee, but the Lessor
shall be under no obligation to repair, maintain or insure the alterations, decorations, additions or
improvements. Such alterations, decorations, additions and improvements shall not be removed from the
Leased Premises without prior consent in writing from the Lessor. Upon expiration of this 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
window or door of the Leased Premises without first obtaining the Lessor's written approval and consent.
The Lessee further agrees to maintain such sign, awning, canopy, decoration, lettering, 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
therefor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or
earlier termination of the Term of this Lease.
8.05 Lessee to Discharge all Liens
The Lessee will ensure that no construction or other lien or charge, or notice thereof, is registered
or filed against:
a) the City Market or any part of it; or
b) the Lessee's interest in the Leased Premises or any of the leasehold improvements in the
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.
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
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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
subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such
maintenance or repairs, together with an administrative fee of fifteen percent (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 the opinion of the Lessor's counsel be legally sufficient
to prevent a dedication thereof or the accrual of any rights to any third party or the public; grant, modify
and terminate easements or other agreements pertaining to the use and maintenance of all or any part of the
City Market; obstruct or close off all or any part of the City Market for the purpose of maintenance, repair
or construction, employ all personnel, including supervisory personnel and managers necessary for the
operation, maintenance and control of the City Market; use any part of the Common Areas from time to
time for merchandising, display, decorations, entertainment and structures designed for retail selling or
special features or promotional activities; designate the areas and entrances and the times in, through and at
which loading and unloading of goods shall be carried out; control, supervise and generally regulate the
delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises, and other
portions of the City Market; designate and specify the kind of container to be used for garbage and refuse in
the manner and the times and places at which same is to be placed for collection (if the Lessor for the more
efficient and proper operation of the City Market provides or designates a commercial service for the
pickup and disposal of refuse and garbage instead of or in addition to the service provided by the
municipality, the Lessee shall use same at the Lessee's cost); from time to time change the area, level,
location, arrangement or use of the City Market or any part thereof, construct other buildings or
improvements in the City Market and make changes to any part thereof, construct other buildings or
improvements in the City Market and make changes to any part of the City Market; and do and perform
such other acts in and to the City Market as in the use of good business judgment the Lessor determines to
be advisable for the more efficient and proper operation of the City Market.
Notwithstanding anything to the contrary, if as a result of the exercise by the Lessor of any of its
rights as set out in this Section 8.08, the Common Areas are diminished or altered in any manner
whatsoever, the Lessor is not subject to any liability nor is the Lessee entitled to any compensation or
diminution or abatement of Rent nor is any alteration or diminution of the Common Areas deemed
constructive or actual eviction, or a breach of any covenant for quiet enjoyment contained in this Lease.
8.09 Lessor's Right to Enter Leased Premises
a) It is not a re-entry or a breach of quiet enjoyment if the Lessor or its authorized
representatives enter the Leased Premises at reasonable times to:
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
Lessee's business operations in the Leased Premises, and the Lessor may take material
into and on the Leased Premises for those purposes. Rent will not abate or be reduced
while the repairs, alterations, improvements or additions are being made. The Lessor
will take reasonable steps to minimize any interruption of business resulting from any
entry.
Lease for Stall Space — City Market
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Schedule "C"
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b) At any time during the Term, the Lessor may exhibit the Leased Premises to prospective
purchasers and during the six (6) months prior to the expiration of the term of this Lease, the
Lessor may exhibit the Leased Premises to prospective tenants and place upon the Leased
Premises the usual notice "To Let" which notice the Lessee shall permit to remain where
placed without molestation;
c) If the Lessee shall not be personally present to open and permit an entry into the Leased
Premises, at any time, when for any reason an entry therein shall be necessary or permissible,
the Lessor or the Lessor's agents may enter the same by a master key, or may forcibly enter
the same, without rendering the Lessor or such agents liable therefor, and without in any
manner affecting the obligations and covenants of this Lease;
d) Nothing in this Section contained, however, shall be deemed or construed to impose upon the
Lessor any obligation, responsibility or liability whatsoever for the care, maintenance or
repair of the City Market or any part thereof, except as otherwise in this Lease specifically
provided.
ARTICLE IX
INSURANCE AND INDEMNITY
9.01 Lessee's Insurance
a) The Lessee shall throughout the Term, at its own cost and expense, take out and keep in full
force and effect the 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) Tenant's Legal Liability;
e) Contractual Liability with respect to this Lease;
f) Premises, Property and Operations;
g) Completed Operations;
h) A Cross Liability Clause;
i) A Thirty (30) days written notice of Cancellation shall be given to the City of
Saint John.
iii. The Lessee shall also provide any other 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;
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
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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
limitation, any subrogation claims by the Lessor's insurers. In no event shall the Lessor be liable for any
injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to
the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or
corporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply
of any utilities to the Leased Premises.
9.04 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
and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with
such litigation.
ARTICLE X
DAMAGE, DESTRUCTION AND EXPROPRIATION
10.01 Total or Partial Destruction of Leased Premises
If, during the Term, the Leased Premises are expropriated or totally or partially destroyed or
damaged by any cause in respect of which the Lessor is insured, the following provisions shall have effect:
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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
account the extent of the Lessee's restoration) following completion of the Lessor's
restoration;
b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in the opinion of
the Architect shall be incapable of being rebuilt and/or repaired or restored with reasonable
diligence within 180 days of the happening of such destruction 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
promptitude proceed to rebuild and/or repair or restore the Leased Premises to the extent of the Lessor's
repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the
Lessor's work and, within a reasonable period determined by the Lessor (given the extent of the Lessee's
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
Term of this Lease shall expire upon the third (31) 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
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.
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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
"Transfer" means, (i) an assignment, sale, conveyance, sublease, or other disposition of this Lease
or the Leased Premises, or any part of them or any interest in this Lease (whether by operation of law or
otherwise), or in a partnership that is a Lessee under this Lease, (ii) a mortgage, charge or debenture
(floating or otherwise) or other encumbrance of this Lease or the Leased Premises or any part of them, or of
any interest in this Lease or of a partnership, or partnership interest, where the partnership is a Lessee under
this Lease, (iii) a parting with or sharing of possession of all or part of the Leased Premises, and (iv) a
transfer or issue by sale, assignment, bequest, inheritance, operation of law or other disposition, or by
subscription of all or part of the corporate shares of the Lessee or an "affiliate" (as that term is defined on
the date of this Lease under the Canada Business Corporations Act) of the Lessee which results in a change
in the effective voting control of the Lessee. "Transferor" and "Transferee" have meanings corresponding
to the definition of "Transfer" set out above, (it being understood that for a Transfer described in clause (iv)
the Transferor is the person that has effective voting control before the Transfer and the 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
to the contrary, Lessor's consent shall not be deemed to have been unreasonably withheld where Lessor
refuses consent to a Transfer within twenty-four (24) months of either the Commencement Date or a
previous Transfer. Without limiting the generality of the foregoing, no Transfer shall be effective, and no
consent shall be given unless the following provisions have been complied with:
a) There is no default of the obligations of the Lessee under this Lease;
b) The Lessee shall have given at least thirty (30) days' prior written notice of the proposed
Transfer and the effective date thereof to the Lessor;
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
the agreements, provisions, covenants and conditions hereof on the Lessee's part to be
performed or observed from and after the effective date of the Transfer.
The Lessee acknowledges that the factors governing the granting of the Lessor's consent to any
Transfer may include, without limitation, the restrictive clauses entered into with other tenants by the
Lessor, the financial background, business history and the capability of the proposed Transferee in the
Lessee's line of business, and the nature of the business practices of the proposed Transferee. The consent
by the Lessor to any Transfer shall not constitute a waiver of the necessity for such consent to any
subsequent Transfer. If a Transfer takes 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.
Any Transfer, if consented to by the Lessor, may at the Lessor's option be documented by the
Lessor or its solicitors, and any and all legal costs and the Lessor's then -standard fee with respect thereto or
to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on demand
as Additional Rent.
12.03 No Advertising of Leased Premises
The Lessee shall not print, publish, post, display or broadcast any notice or advertisement to the
effect that the Leased Premises are for lease or for sale or otherwise advertise the proposed sale or lease of
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the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of the
foregoing, unless the complete text and format of any such notice, advertisement or offer is first approved
in writing by the Lessor. Without in any way restricting or limiting the Lessor's right to refuse any text or
format on other grounds, any text or format proposed by the Lessee shall not contain any reference to the
rental rate of the Leased Premises.
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;
then and in any of such cases the then current month's Rent, together with the Rent for the three
(3) months next ensuing shall 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
have the right to remove and sell the Lessee's goods and chattels and trade fixtures and apply the proceeds
thereof to Rent due under the Lease.
13.02 Right to Re -let
Should the Lessor elect to 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
and solicitors' fees and of costs of such alterations and repairs; third, to the payment of Rent due as the
same may become due and payable 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
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
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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
solicitors' and counsel fees on a solicitor and his client basis.
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 the then current month's Rent and the next ensuring three (3) months' Rent
shall immediately become due and be paid and the Lessor may re-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 Lessor May Perform Lessee's Covenants
If the Lessee shall fail to perform any of its covenants or obligations under or in respect of this
Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such
covenants or obligations, or any part thereof, and for such purpose may do such things upon or in respect of
the Leased Premises or 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
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 'h) times the Gross Rent payable during the last month of the Term; and
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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
accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such
Rent. No covenant, term or condition of this Lease shall be deemed to have been waived by the Lessor,
unless such waiver be in writing by the Lessor.
14.04 Accord and Satisfaction
No payment by the Lessee or receipt by the Lessor of a lesser amount than the monthly Rent
herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any
endorsement or statement or any cheque or any letter accompanying any cheque or payment as Rent be
deemed an accord and satisfaction, and the Lessor may accept such cheque or payment without prejudice to
the Lessor's right to recover the balance of such Rent or pursue any other remedy in this Lease provided.
14.05 Entire Agreement
This Lease sets forth all the covenants, promises, agreements, conditions and understandings
between the Lessor and the Lessee concerning the 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
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 86 Meadow Drive, Darlings Island,
E5N 6R3. 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
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Schedule "C"
- Page 19 -
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 Cashier's Office, City Hall, P. O. Box 1971, 15 Market Square, Saint John, New
Brunswick, E2L 4L1.
14.10 Approval in Writing
Wherever the Lessor's consent is required to be given hereunder or wherever the Lessor must
approve any act or performance by the Lessee, such consent or approval, as the case may be, shall be given
in writing by the Lessor before same and shall be deemed to be effective.
14.11 Governing Law
The Lease is to be governed by and construed according to the laws of the Province of New
Brunswick.
14.12 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
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.
26
SCHEDULE "D"
RULES AND REGULATIONS
1. All loading and unloading of goods shall be done only at such times, in the areas, and through the
entrances, designated for such purposes by the Landlord.
2. The delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises
shall be subject to such controls as in the judgment of the Landlord are necessary for the proper
operation of the Leased Premises and/or the City Market.
3. All garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall
not be burned in or about the Leased Premises.
4. No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or
electric wire shall be installed or connected without obtaining in each instance the written consent
of the Landlord. All such connections shall be installed in accordance with the Landlord's
direction and without such direction no boring or cutting for wires or pipes shall be permitted.
5. The Tenant will be required to remain open for business as follows:
a. Stalls shall be open for business at all times while the market is open to the public.
b. Year round stands shall be open for business at all times while the market is open to the
public.
6. The plumbing facilities shall not be used for any other purpose than that for which they are
intended, and no foreign substance of any kind shall be thrown therein, and the 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
required by the Landlord when accessing the Market "after Market hours". The Landlord is under
no responsibility for failure to enforce this rule.
13. The Tenant shall not place or cause to be placed any additional 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 Landlord's providing such service, the Tenant shall permit window cleaners to clean
the windows of the Leased Premises from time to time and at reasonable times.
27
SCHEDULE "D"
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. Displays underneath the stands must be set up 6" off the floor on legs or wheels so the floor can be
swept and washed down properly.
28. 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 -top sign on each bench (7'-
0" length), or one projecting sign on each aisle -side that identifies the business by name and type;
Bench -top Signs: These signs are the preferred primary form of signage. They must be
located Ito 2 inches above the top rail of the bench, and should display the business name. They
will consist of a 8" high by 6'-0" long narrow band of material with the lettering printed, painted,
composed of individual raised letters, or lettering cut into the material and painted a contrasting
colour. The rear may not be used for signage over another tenancy;
Projecting Signs: Projecting signs may be used and shall be constructed as two-sided
signs. They may only be located at a bench post, and must be rigidly fastened in place. They shall
be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide.
Only one per tenancy per aisle side shall be permitted as Business identifications;
Lighted Signs: Not permitted;
Temporary Signs: Any number of signs advertising goods for sale, specials, etc. shall be
permitted. They may not exceed 8.5" x I I" in size, and must not excessively obscure the view
through the bench between the first and last rail above the bench.
9.1
SCHEDULE "D-1"
Pre -Authorized Debiting Form
Formulaire d'autorisation de prelevement
bancaire automati ue
The City of Saint John is pleased to be able to
The City of Saint John est heureuse d'offrir aux
offer City Market Tenants a monthly debiting
locataires du marche municipal, l'option de
payment option for payment of City Market
payer par prelevement bancaire mensuel
rent.
automatique leur loyer du marche municipal.
We hope that the form is self-explanatory,
Nous esp6rons que ce formulaire est clair,
however, please call us if you have any
toutefois si vous avez des questions, n'h6sitez
questions at (506) 652-1960.
pas a nous appeler au (506) 652-1967
Please fill in and return this form to The City of
Saint John Billings and Collections office with a
VOID cheque (for account verification purposes).
Veuillez remplir et retourner le present formulaire
au bureau de la facturation et de la perception de
The City of Saint John avec un cheque portant la
mention «ANNULS» (aux fins de verification
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,
a debiter mon/notre compte
Account #
/ No 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 marche
payable monthly.
municipal.
I/We have read and understood the terms
Yai/nous avons In et compris les termes
of this authorization.
de la pr6sente 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 require sur les cheques 6mis de ce compte,
account. tons les d6posants doivent signer.
Note: If a copy of this completed form is required, please Note : Si vous d6sirez obtenir une copie du present
inform our office. formulaire dfnnent rempli, veuillez en aviser notre
bureau.
29
TERMS AND CONDITIONS
MODALITES ET CONDITIONS
I/We will notify The City of Saint John Billing and
Collections office, in writing, of any changes in the
account information or termination of this authorization
at least thirty (30) days prior to the next payment date.
I/We understand that termination of this authorization
does not affect my/our obligation to pay for goods or
services contracted for/with The City of Saint John.
My/Our financial institution will treat each debit as if
I/we had personally issued a written direction
authorizing The City of Saint John to debit the amount
(s) specified to my/our account and need not verify that
payments are drawn in accordance with this
authorization.
J'aviserai/nous aviserons, par ecrit, le bureau de la
facturation et de la perception de The City of Saint John,
de tout changement apport6 aux renseignements sur le
compte ou, de la r6siliation de cette autorisation, au
moins trente (30) jours avant la date du prochain
paiement.
Je comprends/nous comprenons que la r6siliation de
cette autorisation n'a aucune incidence sur mon/notre
obligation de payer les produits ou les services sous
contrat pour ou avec The City of Saint John.
Mon/notre institution financiere traitera chaque
pr6levement bancaire comme si j'avais/nous avions
personnellement 6mis une directive 6crite autorisant The
City of Saint John a d6biter le(s) montant(s) d6termin6(s)
de mon/notre compte et elle n'aura pas a v6rifier que les
paiements sont perqus conform6ment a cette autorisation.
I/We understand that any debits charged to my/our Je comprends/nous comprenons que tout pr6levement
account will be reimbursed if: bancaire de mon/notre compte sera rembours6 si :
❑
this debit was not drawn in accordance with this
authorization;
❑
ce pr6levement n'a pas &6 effectu6 conform6ment a
cette autorisation ;
❑
this authorization has been terminated; or
❑
cette autorisation a &6 r6sili6e ; ou
❑
this debit was posted to the wrong account due to
❑
ce pr6levement a &6 effectu6 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
within ninety (90) days of the debit to my/our account.
en donnant un avis 6crit a ma/notre succursale bancaire,
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. transaction retoum6e en raison d'insuffisance de fonds.
PLEASE NOTE: EFFECTIVE JANUARY 1, 2016, THE
FEE CHARGED BY THE CITY OF SAINT JOHN WILL
INCREASE TO $25.00 PER ITEM ON ALL PAYMENTS
RETURNED FROM YOUR BANK.
VEUILLEZ NOTER QU'A COMPTER
DUIER JANVIER 2016, LES FRAIS UNITAIRES EXIGES
PAR LA VILLE DE SAINT JOHN POUR TOUS LES
PAIEMENTS RETOURNES PAR VOTRE BANQUE
PASSERONT A 25 $.
I/We acknowledge that delivery of this authorization to Je reconnais/nous reconnaissons qu'en accordant cette
The City of Saint John constitutes delivery to my autorisation a The City of Saint John, je Faccorde/nous
financial institution. Faccordons a mon/notre institution financiere.
I/We warrant that all persons whose signatures are
required to sign up on this account have signed this
authorization.
** Privacy **
The City of Saint John DOES NOT share or sell its
client lists. Any information provided herein will be
used only for the above noted purpose, and for no other
purpose. Your signature on this form is your
authorization for The City of Saint John to record this
information. If you have any questions about this
statement, please do not hesitate to call 652-1960 or the
City Solicitor's Office at (506) 658-2860.
Je garantis/nous garantissons que toutes les personnel
dont la signature est requise sur ce compte ont sign6 la
pr6sente autorisation.
** Protection de la vie priv6e **
The City of Saint John NE partage pas et ne vend pas sa
liste de clients. Toute information fournie dans ce
formulaire sera utilis6e uniquement aux fins decrites ci-
dessus. Votre signature sur ce formulaire repr6sente
votre autorisation a ce que The City of Saint John
enregistre Finformation qui y est contenue. Si vous avez
des questions a propos de cette affirmation, n'h6sitez pas
A composer le 652-1960 on a appeler le bureau de
FAvocat Municipal au (506) 658-2860.
30
—In
31
COMMON COUNCIL REPORT
M&C No.
N/A
Report Date
December 16, 2020
Meeting Date
December 21, 2020
Service Area
Growth and Community
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Demolition of vacant, dilapidated and dangerous buildings at 14-16
Exmouth Street (PID 00012864)
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Benn Purinton
J Hamilton /A Poffenroth
I John Collin
RECOMMENDATION
RESOLVED, that the garage and rear addition located at 14-16 Exmouth Street,
PID# 00012864, are to be demolished as they have become a hazard to the safety
of the public by reason of dilapidation; and
BE IT FURTHER RESOLVED, that the garage and rear addition located at 14-16
Exmouth Street, PID# 00012864, are to be demolished as they have 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 SaintJohn 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.
EXECUTIVE SUMMARY
The purpose of this report is to advise Council that a Notice to Comply was issued
under Part 13 of the Local Governance Act for the garage and rear addition at 14-
16 Exmouth Street. The hazardous conditions outlined in the Notice have not
been remedied by the owner within the required time frame and staff is looking
for authorization from Council to arrange demolition of the building.
N/A
32
-2-
REPORT
Inspections of the property at 14-16 Exmouth Street have revealed that there
are three buildings on the premise; an occupied three -storey, four -unit
apartment building, a two -storey, two -unit rear addition and a garage. Please
note that only the garage and rear addition are being recommended for
demolition. Staff first became aware of the structural condition of both the
garage and rear addition in November 2020 and began standard enforcement
procedures. The property is in an urban centre residential zone in the City's
South -Central Peninsula. The property is currently assessed at $105,900 as per
Service New Brunswick's Land Registry. The garage and rear addition are a
hazard to the safety of the public by reason by reason of dilapidation and by
reason of unsoundness of structural strength.
For the reasons described in the attached Inspection Report, a Notice to Comply
was issued on November 30, 2020 and was posted to the building on the same
date as per section 132(3) of the Local Governance Act that outlines acceptable
methods of service. The Certificate of Registered Ownership lists two individuals
as the owners of the buildings. The Notice provided the owners with 15 days to
remedy the conditions at the property. The owners did not file a Notice of
Appeal within the time frame provided. A compliance inspection was conducted
on December 16, 2020 which revealed that the conditions have not changed
since the Notice was issued.
Attached for Council's reference is the Notice to Comply that was issued and the
affidavit attesting to service. Also included are photographs of the garage and
rear addition. The Local Governance Act indicates that where a building has
become a hazard to the safety of the public by reason of dilapidation or by
reason of unsoundness of structural strength, the municipality may cause the
building to be demolished. As required in the Act a report from an engineer is
attached, forming part of the issued Notice to Comply, and provides the
evidence to the building's vacancy, dilapidation and resulting hazard to safety of
the public. A copy of the letter advising of the Common Council Hearing date is
attached. The letter was posted to the building on December 15, 2020.
Icir:fArrt
Cjr��"re1jYjNffij
Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law aligns with Council's Vibrant, Safe City priority.
SERVICE AND FINANCIAL OUTCOMES
As is written in the Local Governance Act that a municipality must commence in
the proceedings of remedial action, approval of Common Council is required
prior to starting demolition activities at the property.
33
-3-
Total cost of the demolition work is estimated at $50,000. Upon approval of the
recommendation, staff will seek competitive bidding in accordance with the
City's purchasing policy. The cost of the work will be billed to the property
owner and if left unpaid, it will be submitted to the Province with the request for
reimbursement.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
General Counsel provided ownership verification by obtaining the Certificate of
Registered Ownership for the property. Additionally, General Counsel registered
the Notice to Comply with Service New Brunswick's Land Registry.
G1i1081:I1WAAFILI
Affidavit of Service — Notice to Comply
Affidavit of Service — Notice of Common Council Hearing
Photos
34
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
AFFIDAVIT OF SERVICE
I, ', 0"""V' of the C, �r Q F 56" v
y p `tin r 4 �& Province of New Brunswick MAKE OATH AND SAY AS
FOLLOWS:
th 1. On the 3 Q. _. day of 2020, I served
Rw.�e f j with the following documents:
• a Notice to Comply, attached hereto as Exhibit "A";
• and a Notice of Appeal, attached hereto as Exhibit "B";
by leaving a copy with him ! her at o (o-r "f
S6, Al �0 ill r , New Brunswick.
2. 1 was able to identify the person served by means of the fact that he she
acknowledged to miief he.' she was
Sworn To before me at the
City of Saint John, N.B.,
on the day of
r fW&B e , 2020
— //v� 014V.
CHRISTOPHEn D MCKIEL
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 31 ST, 2AW1015 C01
Q., e'a-'- -
inn a rf't6'
35
FORM 4
NOTICE TO COMPLY — DANGEROUS AND
UNSIGHTLY PREMISES
(Local Governance Act, S.N.B., 2017, c.18, s
132(2))
Parcel Identifier:
PID # 00012864
FORMULE 4
AVIS DE CONFORMIT9 — LIEUX
DANGEREUX OU INESTHETIQUES
(Lai sur la gouvernance locale, L.N.-B. 2017,
ch.18, par. 132(2))
Num6ro d'identification de In parcelle :
NID : 00012864
Address: 14-16 Exmouth Stirt Saint Adresse : 14-16 rue Exmouth, Saint
John, NB l big Is EXh1* ,5 f John, NB
Role in the Ailidavit of
Owner(s) or Occupier(s): s) on occupant(s)
Swom be#ore me at the C4
Name: RusselbibOrt101,1NOM01 nswiclt om : Russell Thomas Henstridge
the �i day a#
Address: 6 Brookside Court, o :6 Brookside Court, Saint John
NB, E2P IB3 ,. ,jpissione Oaths NB, E21? IB3
Name: Alesia Ann Sullivan
Address: 6 Brookside Court, Saint John
NB, E2P 1133
Nom : Alesia Ann Sullivan
Adresse : 6 Brookside Court, Saint John
NB, E21? iB3
Local government giving notice: The City of Saint Government local significant l'ovis : The City of
John Saint John
By-law contravened: Saint John Unsightly Premises
and Dangerous Buildings and Structures By -Law,
By-law Number M-30, and amendments thereto (the
"By-law").
Arrete enfreint : Arreti relatif aux lieux
inesthetiques et aux bdtiments er constructions
dangereux de Saint John, Arretd nurrtdro M-30,
ainsi que ses modifications ci-affdrentes (1'
« Arrete u).
Provision(s) contravened: Subsection 6(3) of the Disposition(s) enfreinte(s) : Les paragraphes 6(3)
By-law, de I'Arretd.
Condition(s) that exist: The building has become a
hazard to the safety of the public by reason of
dilapidation and by reason of unsoundness of
structural strength. The conditions of (he building are
described in Schedule "A", a true copy of the
inspection report dated November 30, 2020 prepared
by Benn Purinton, by-law enforcement officer,
reviewed and concurred in by Christopher McKiel, P.
Eng., by-law enforcement officer.
What must be done to correct the condition: The
owner is to remedy the conditions by complying with
the required remedial actions of the aforementioned
inspection report and bring the building and premises
into compliance with the aforesaid By-law.
In the event that the owner does not remedy the
condition of the building and premises in the time
prescribed by this Notice to Comply, the building
may be demolished as the corrective action to address
the hazard to the safety of the public.
In the event of demolition, all debris and items on the
premises will be disposed of as the corrective action
to address the hazard to the safety of the public.
The aforementioned remedial actions relating to the
demolition of the building and the disposal of the
debris and items on the premises do not include the
carry -out clean-up, site rehabilitation, restoration of
land, premises or personal property or other remedial
action in order to control or reduce, eliminate the
Description de la (des) situation(s) : Le batiment
est devenu dangereuse pour la sdcuritd du public du
fait de son ddlabrement et du fait de son manqud de
soliditd. Les conditions du bAtiment et des lieux son(
d6crites h I'annexe « A », une copie conforme du
rapport d'inspection en date du 30 novembre, 2020
et prdpar6 par Benn Purinton, une agente chargd de
1'exdcution des arret6s du gouvemcment local,
r6vis6 et en d'accorde avec par Christopher McKie],
ing., une agente chargd de 1'ex6cution des arret6s du
gouvernement local.
Ce qu'il y a lieu de faire pour y rem6dier : Le
propridtaire doit restaurer les conditions en se
conformant aux recommandations du rapport
d'inspection susmentionn6e et d'amener le blltiment
et les lieux en conformitds avec I'Arretd.
Dans 1'6ventualit6 que la propridtaire ne remddient
pas le hAtiment et les lieux dans le temps prescrit par
le pr6sent avis de conformatd, le btitiment pourront
etre d6molis comme mesure corrective compte tenu
qu'il reprdsente un danger pour la s6curitd du
public.
Dans 1'6ventualitd de demolition, toes les debris et
autres items sur les lieux seront dispos6s comme
mesure corrective daps le but de remddier le danger
pour la s6curit6 du public.
Les mesures correctives susmentionn6es
relativement a la demolition du b8timent et la
disposition des debris et autres items sur les Iieux ne
comprennent pas le nettoyage, la remise en 6tat des
36
release, alter the manner of release or the release of
any contaminant into or upon the environment or any
part of the environment.
lieux, des terrains ou des biens personnels ou toutes
autre mesure corrective dans le but de contr6ler ou
de rdduire, d'dliminer le ddversement, de modifier
le mode de diversement ou le ddversement d'un
polluant dans ou sur I'environnement out toute
partie de 1'environnement.
Date before which the condition must be Delai irnpartie pour y remed[er :'
corrected:t
a) The demolition of the building, clean-up of
the property and related remedies must be
complete, or plans and permit applications
for repair related remedies must be
submitted, within 15 days of being served
with the Notice to Comply
b) The repair related remedies must he
complete within 30 days of being served with
the Notice to Comply
a) La ddmolition du batiment et le nettoyage
des lieux doivent etre compl&6es, ou h
laquelle les plans et demande de permis
pour les mesures des rdparations, doivent
dire soumises, dans les 15 jours qui suivent
la signification de ('avis de conformitd.
h) Les rdparations relides aux mesures
doivent etre compldtdes dans les 30 jours
qui suivent la signification de ['avis de
conformitd
Date for giving notice of appeal: Within 14 days of Date limite pour dormer !'avis d'appel : Dans les
being served with the Notice to Comply 14 jours qui suivent la notification de Pavis de
conformitd.
Process to appeal: The owner may within 14 days
after being served with the Notice to Comply, send a
Notice of Appeal by registered mail to the City Clerk
of The City of Saint John, City Hall — 2nd Floor, 15
Market Square, Saint John, New Brunswick, E2L
4L1.
Potential penalty for not complying with notice
within the time set out In notice:' Subsection 11(1)
of the By-law states that a person who fails to comply
with the terms of a Notice to Comply given under
section 7 of said By-law, commits an offence that is
punishable under Part 2 of the Provincial Offences
Procedure Act as a category F offence.
Where an offence under subsection I I (1) continues
for more that one day, the minimum fine that may be
imposed is the minimum fine set by the Provincial
Offences Procedure Act for a category F offence
multiplied by the number of days during which the
offence continues pursuant to subparagraph
I I (3)(b)(i).
Local government's authority to undertake
repairs or remedy3 Paragraphs 12(I)(a), 12(I)(a)
and 12(1)(c) of the By-law state that if an owner or
occupier does not comply with a Notice to Comply
given under section 7 within the time set out in said
Notice, the City may, cause the premises of that
owner or occupier to be cleaned up or repaired, or
cause the building or other structure of that owner or
occupier to be repaired or demolished. Further,
subsection 12(3) of the By-law states that the cost of
carrying out such work, including any associated
charge or fee, is chargeable to the owner or occupier
and becomes a debt due to the City.
Processus d'appel : Le propridtaire peux dans les
14 jours qui suivent la notification de 1'avis de
conformitd, envoy6 un avis d'appel par courtier
recommand6 h la greffiere de la ville, a The City of
Saint John. 9difice de I'h6tel de ville, 2° 61age, 15
Market Square, Saint John, Nouveau -Brunswick,
E2L 4L1.
Peine possible en cas d'omission de se conformer
aux exigences de Pavis dams le dElai y imparti : 2
Le paragraphe I I(]) de I' Arretd prdvoit quiconque
omet de se conformer aux exigences formuldes dans
un avis de conformitd notifid aux termes de Particle
7 de ladite Arretd, commet une infraction qui est
punishable en vertu de [a partie 2 de la Loi sur la
procedure applicable aux infractions provinciales h
titre d'infraction de la classe F.
Lorsqu'une infraction pr6vue au paragraphe I I (I)
se poursuit pendant plus d'une journde, I'amende
minimale qui peut 8tre impose est i'amende
minimale prdvue par la Loi sur la proc6dure
applicable aux infractions provinciales pour une
infraction de la classe F multiplide par le nombre de
jours pendant lesquels ('infraction se poursuit
conformdment h Palin6a 1 I(3)(b)(i).
Pouvoir du gouvernement local d'entreprendre
des reparations on de rem6dier h la situation : 3
Conformdment aux alindas 12(I)(a), 12(I)(b) et
12(1)(c) de I'Arretd, si un avis de conformitd a dtd
signifi6 aux termes de !'article 7 de ladite Arretd et,
que le propridtaire ou ['occupant ne se conforme pas
h cet avis de conformitd dans le dclai imparli et tel
qu'il est reputd confirmd ou tel qu'il est confirmd ou
modifid par un comitd du Conseil ou par un juge en
vertu le paragraphe 12(3) de ladite Arretd, la
municipalit6 peut faire nettoyer ou r6parer ou
demolir le batiment ou autre construction de ce
propridtaire ou de cet occupant, et les cows
affdrents h 1'ex6cution des ouvrages, y compris
toute redevance ou tout droit connexe, sont mis h la
charge du propridtaire ou de !'occupant el
deviennent un crdance de la municipalil6
37
Dated at Saint John on the day of November, Fait it Saint John le _ novembre, 2020.
2020.
Local government: The City of Saint John Gouvernement locale: The City of Saint John
Signature of the officer of the local government:
Contact information of the officer of the local
government:
Name: Benn Purinton
Mailing address:
Growth and Community Services
The City of Saint John
15 Market Square
City Hall Building, I" Floor
P.O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: (506) 658-2911
E-mail: benn.purinton
Fax: (506) 632-6199
Corporate seal of the
Signature du fonctionnaire du gouvernement
local :
Coordonn6es du fonctionnaire du
gouvernement local
Nom : Benn Purinton
Adresse postale :
Service de la Croissance et du Communautaire
The City of Saint John
15 Market Square
tdifice de I'hdtel de ville, V 6tage
P.O. Box 1971
Saint John, New Brunswick
E2L 4L1
T61ephone: (506) 658-2911
Adresse 6lectronique : benn.purinton@saintjohn.ca
T6ldcopieur : (506) 632-6199
Sceau du gouvernment local
Notes: Notes:
1. All appropriate permits must be obtained and all relevant I. Tous les permis prescrils doivent etre obtenus et route is
legislation must be complied with in the course of carrying out Idgisiation pertinente dolt eire respect6e pendant 1'ex&ution
the required remedial action. des mesures de rem6diation
2. Payment of the fine does not alleviate the obligation to 2. Le paiement de 1'amende n'a pas pour effet d'annuler
comply with the by-law, standard or notice. l'abligation de se conformer's I'arretd, it la norme ou h I'avis.
3. Costs become a debt due to the local government and may 3. Les Bouts deviennent une cr6ance du gouvememeni local
be added to the joint local government and provincial Real et peuvent We ajoutes a I'avis commun d'dvaluation et
Property Assessment and Tax Notice. d'imp6t foncier des gouvemements local et provincial.
I hereby certify that this
document is a true copy of the
original.
INSPECTION REPORT
wed at Saint John,
Schedule "A"
this j� 0 _day of
14-16 Exmouth Street
202
Saint John, New Brunswick
PID# 00012864
Standards Officer
Inspection Date: November 27, 2020
Inspection Conducted by: Benn Purinton, EIT & Christopher McKiel, P.Eng.
Introduction
Inspection of the property, PID# 00012864, revealed that there are two buildings on the premises;
an occupied three -storey, wood -framed, 4-unit apartment building (the "Building") with a vacant
two -storey rear addition (the "Addition") and an attached garage (the "Garage"). Staff became
aware of the structural issues with the Addition and the Garage in November 2020 and began
standard enforcement procedures. The property is located in the City's South Central Peninsula in
a residential zone. The Addition and the Garage have become a hazard to the safety of the public
by reason of dilapidation and by reason of unsoundness of structural strength.
Discussion
The Addition and the Garage do not comply with the Saint John Unsightly Premises and
Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the
`By-law").
Dilapidated and Structurally Unsound Building Conditions
Subsection 6(3) of the By-law states:
No person shall permit a building or other structure owned or occupied by the
person to become a hazard to the safety of the public by reason of dilapidation or
by reason of unsoundness of structural strength.
The Addition and the Garage are a hazard to the safety of the public by reason of dilapidation
and by reason of unsoundness of structural strength for the following reasons:
1. The Addition at the rear of the Building is dilapidated and structurally unsound. A section
of the siding is bulging. The siding is displaced approximately 3-6 inches from its original
position. Some of the siding surrounding the bulge has been removed, exposing tar paper
underneath. The eavestrough has disconnected from one wall of the Addition and is
hanging loosely. If the eavestrough were to fall, it could strike and injure an individual.
There is a significant amount of water infiltration in the Addition. Water infiltration has
and will continue to accelerate the deterioration of the Addition. During the time of the
inspection, water was dripping in multiple locations on the first floor. Section of the ceiling
were missing throughout and insulation contained within poly sheeting was sagging. The
poly sheeting containing insulation was sagging as much as six inches in some locations.
There was water pooling in the poly sheeting. The ceiling in the first floor living room was
sloping significantly. In some locations, the ceiling lathe had sunk as much as six inches
from its original position. There was bending in the ceiling joists and in the drop ceiling
frame. All of the gyprock on the ceiling had fallen. Due to safety concerns, City staff
elected not to inspect the second floor of the Addition. If an individual were to enter the
Addition, they could be injured should the ceiling collapse.
There was mould present within the Addition. Mould presents a respiratory hazard if an
individual were to enter the Addition. Within the addition there was a deceased raccoon.
39
Animals are hazardous as they could attack individuals in the Addition and potentially
spread disease.
2. The Garage is dilapidated and structurally unsound. The roof of the Garage, a second level
floor and a section of the left wall has collapsed. Debris from the collapse is strewn
throughout the interior of the Garage. There are wood planks and other building materials
hanging loosely from the sections of the roof that remain. The partially collapsed Garage
is hazardous. If the front wail of the Garage were to collapse, it could put the occupants of
the attached Building at risk of injury or death should they enter the Building's driveway.
If an individual were to enter the Garage, they would be exposed to tripping hazards due
to the significant amount of debris present from the collapse. The risk of injury resulting
from a fall is increased due to the potential to land on the sharp edges of the building
materials strewn throughout. An individual within the Garage would also be at risk of being
struck by the loose debris hanging from the roof. If an individual were struck by loose
debris, it could result in injury or death.
A section of the rear wall of the Garage approximately 5-ft x 5-ft in size has bowed
approximately 3-6 inches out from its original position. The bowed wall is adjacent to a
parking lot behind the Addition and the Garage. There is a difference in elevation of
approximately 12 feet from the bottom the wall and the parking lot. If the wall were to
collapse, it could cause injury or death to individuals in the parking lot.
3. The foundation at the rear of the Addition and the Garage is structurally unsound. The
foundation is approximately 12 feet high and is supporting both the Garage and the
Addition. The foundation is adjacent to a parking lot. There is a center section of the
foundation approximately 6 feet wide that has displaced significantly from its original
position. The top of this section of foundation is displaced approximately 8-12 inches
towards the parking lot. If the center section of the foundation were to collapse, it could
cause injury or death to an individual in the neighbouring parking lot.
Required Remedial Actions
The owner must comply with one of the two options stated below:
Option l: Remedy the conditions of the Addition and the Garage through all repair and remedial
actions as follows:
1. The Garage and Addition must be completely repaired to remedy the above mentioned
hazards to public safety while meeting the requirements of the National Building Code of
Canada (2010) as well as all other applicable by-laws.
2. A detailed plan must be submitted to the Growth and Community Services Department of
the City of Saint John (the "Department") for review and approval. The plan should also
include a schedule for the work that is to be carried out. The repaired Garage and Addition
must meet the National Building Code of Canada (2010) as well as other applicable codes.
3. The detailed plan, including schedules and any engineering reports, must be approved by
the Department prior to commencing repair work.
4. A building permit must be obtained any and all applicable work prior to commencing said
work from the City of Saint John in order to comply with the Saint John Building By-law,
By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law").
5. The premise must be cleared of all debris found on the property including any and all
rubbish that may be considered hazardous or unsightly. The debris from the premise must
be disposed of at an approved solid waste disposal site, in accordance with all applicable
by-laws, acts and regulations, Documented proof, that clearly demonstrated an approved
all
solid waste disposal site was used for disposal of the debris must be provided to the
Department. The premise must comply with all applicable By-laws, Acts, Codes and
Regulations.
Option 2: Demolition of the Addition, the Garage and cleanup of all debris on the premise by
complying with all remedial actions as follows:
1. The Garage and Addition must be demolished to remove the hazard to the safety of the
public by reason of dilapidation and by reason of unsoundness of structural strength.
2. A demolition permit must be obtained from the City of Saint John in order to comply with
the Saint John Building By-law.
3. The premise must be cleared of the debris from the demolition and the lot must be
reasonably level with grade so as to not create a tripping or falling hazard. All debris must
be disposed of at an approved solid waste disposal site, and in accordance with all
applicable By-laws, Acts and Regulations.
4. All debris that is currently on the premise must be removed and disposed of at an approved
solid waste disposal site, and in accordance with all applicable By-laws, Acts and
Regulations. Documented proof, that clearly demonstrates an approved solid waste
disposal site was used for the disposal of debris, must be provided to the Department.
5. The property must be in compliance with all applicable By-laws, Acts and Regulations.
Prepared by:
P_r��
Benn Purinton, EIT
Technical Services Officer
Growth and Community Services
Reviewed and concurred in by:
62 &V_
Christopher McKiel, P.Eng.
Technical Services Engineer
Growth and Community Services
�r 301 �DZn
Date Y
Date
41
File No.:
BETWEEN:
- and -
Schedule "B"
FORM 1
NOTICE OF APPEAL
Appellant(s),
N° du dossier:
ENTRE:
-et-
Annexe <( B »
FORMULE 1
AVIS WAPPEL
Appelant(s),
0
THE CITY OF SAINT JO%s Is Exhlblt THE CITY OF SAINT JOHN,
•� f
Referr�d In the Aflxd vit of Intim�e.
Respon en.
Sworn before me at the C of
Parcel Identifier: PID # Saint John, New Brunswldk Numero d' identification de la parcelle : # NID
theme_ of
Parcel Address: Commissioner of oathaa parcelle :
Owner(s) or Occupier(s):
Name:
Proprietaire(s) ou occupant(s) :
Nom :
Address: Adresse :
Telephone:
Name:
Address:
Telephone:
Telephone:
Nom :
Adresse :
Telephone:
The above named appellant(s) is (are) not satisfied L'appelant ou les appelants susnomme(s) n'accepte(nt)
with the terms and conditions set out in: pas les modalites ou les conditions qui sont enonces
dans :
(a) a Notice that was given under section 7 of the (a) un Avis qui a ete donne en vertu de Particle 7 de
Saint John Unsightly Premises and Dangerous l'ArrNte relatif aux lieux inesthetiques et aux
Buildings and Structures By -Law; or bdtiments et constructions dangereux dansThe
City of Saint John; ou
(b) an Order that was issued under section 25 of the (b) une ORDONNANCE qui a ete emise en vertu de
Saint John Minimum Property Standards By- Particle 25 de I'Arrete concernant les normes
Law; minimales regissant les residences de Saint John
and therefore appeals to the Saint John Substandard et fait ainsi appel devant le Comite des appels sur les
Properties Appeal Committee. residences non conformes aux normes de Saint John.
The appellant's grounds for this appeal are as follows Les motifs d'appel de Pappelant(s) dans le present
(set out the grounds clearly but briefly): appel sont les suivants (enoncer les motifs de fagon
42
-2-
Dated at
.20
Signature of owner or occupier
the
claire et concise? :
day of Fait A
The appellant(s) intends to proceed in the English [ )
or French [ j language (Please check the appropriate
box).
Please forward your Notice of Appeal by registered
mail to the City Clerk within fourteen (14) days after
having been given the Notice or Order at the
following address:
City Clerk's Office
15 Market Square, City Hall Building, 2"1 Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L 1
Telephone: 506-658-2862
Facsimile: 506-674-4214
Notes:
1. A Notice or Order that is not appealed within
fourteen (14) days after having been given or issued
shall be deemed to be confirmed.
2. On an appeal, the Saint John Substandard
Properties Appeal Committee shall hold a hearing
into the matter at which the owner(s) or occupier(s)
bringing the appeal has (have) a right to be heard and
may be represented by counsel.
3. On an appeal, the Saint John Substandard
Properties Appeal Committee may confirm, modify
or rescind the Notice or Order, or extend the time for
complying with the Notice or Order.
4. The Saint John Substandard Properties
Appeal Committee shall provide a copy of its
decision to the owner(s) or occupier(s) of the
premises, building or structure who brought the
appeal within fourteen (14) days after making its
decision.
20
Signature du proprietaire ou de ]'occupant
le
L'appelant a ou les appelants ont ('intention d'utiliser la
langue francaise [ ] ou anglaise [ ] (Veuille: cocher la
case appropriee).
Veuillez faire parvenir volre .41q.V D'r1PPEL par courrier
recommande au grefer municipal dans les qualorze
(14) jours qui suivent la notification de PAvts ou de
1 'ORDONN.4NCE d 1 'adresse suivante
Bureau du greffier municipal
15 Market Square, Edifice de I'hotel de ville, 2C etage
Case postale 1971
Saint John (Nouveau -Brunswick)
E2L 4L 1
Telephone : 506-658-2862
Facsimile : 506-674-4214
Notes :
1. Un Avts ou une ORDONNANCE dont it West pas
interjete appel dans les quatorze (14) jours qui suivent
la notification de I'AVtS ou ('emission de
l'ORDONNANCE est repute confirme.
2. Lors d'un appel, le Comite des appels sur les
residences non conformes aux normes de Saint John
doit tenir, sur le point en litige, une audience au tours
de laquelle le(s) proprietaire(s) ou ]'occupant ou les
occupants qui interjette(nt) appel a (ont) le droit d'etre
entendu(s) et peut (peuvent) se faire representer par un
avocat.
3. Lors d'un appel, le Comite des appels sur les
residences non conformes aux normes de Saint John
peut confirmer, modifier ou annuler I'AVIS ou
1'ORDONNANCE ou proroger le delai pour s'y conformer.
4. Le Comite des appels sur lei residences non
conformes aux normes de Saint John doit fournir une
copie de sa decision au(x) proprietaire(s) ou A
]'occupant ou aux occupants des lieux, du batiment ou
de la construction qui lui a (ont) interjete appel dans les
quatorze (14) jours suivent la date a laquelle it a rendu
43
-3-
5. The owner(s) or occupier(s) who is provided
with a copy of a decision from the Saint John
Substandard Properties Appeal Committee regarding
a Notice, may appeal the decision to a judge of The
Court of Queen's Bench of New Brunswick within
fourteen (14) days after the copy of the decision was
provided to the owner(s) or occupier(s) on the
grounds that (a) the procedure required to be
followed by the by-law was not followed, or (b) the
decision is unreasonable.
sa decision.
5. Le(s) proprietaire(s) ou 1'occupant ou les
occupants A qui une copie d'une decision a et6 fournie
par le Comite des appels sur les residences non
conformes aux normes de Saint John concernant un
AVIS pent (peuvent), Bans les quatorze (14) jours qui
suivent, interjeter appel de la decision devant un juge de
la Cour du Banc de la Reine du Nouveau -Brunswick au
motif que (a) la demarche A suivre en vertu de 1'arrete
n'a pas ete suivie, ou (b) la decision est deraisonnable.
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
IN THE MATTER OF THE BUILDING THAT IS LOCATED AT
jj._... �woff �� , Saint John, N.B. (PID number
AFFIDAVIT OF SERVICE
I, ",A 0w ; < v-n , of the City of Saint John in the County of Saint
John and the Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS:
1. I am employed by the City of Saint John in its Growth and Community Services
Department. I have personal knowledge of the matters herein deposed where otherwise
stated.
2. On the day of k �.<< .� 2020 at approximately "' 11
I posted a copy of the Notice of Common Council Hearing letter, annexed hereto
marked Exhibit "A" to the building at I 14 f,., �x-. _ , Saint
John, N.B.
Sworn To me at the
City of Saint John, N.B.
on the IS day of
-DccE '+ R- , 2020
/11/1/1 9, (" � K
CHRISTOPHER D MCKIEL
COMMISSIONER OF OATHS
MY COMMISSION EXP4RES
DECEMBER 31ST, - 2-025
45
Permitting & Inspection / Service des inspections et de l'application
By-law Enforcement / Service d'Application des Arretes Municipaux
Phone / Tel : (506) 658-2911
Fax / Telec : (506) 632-6199
December 15, 2020
REGISTERED MAIL
Russell Henstridge & Alesia Sullivan
6 Brookside Court
Saint John, NB E21? 1B3
Dear Sir/Madam:
This is Exhibk "'
Referred to in the Affidavit of
id ap4m 0
Swom before me at the City of
Saint John, New Brunswick
do ecz
Commissioner of oaths
NOTICE OF COMMON COUNCIL HEARING
Re: 14-16 Exmouth Street, PID #00012864
Dangerous and Vacant Building Program
On November 30, 2020, a Notice to Comply was issued for the above mentioned property which
required remedial action to bring the building and premises into compliance with the Saint John
Unsightly Premises and Dangerous Buildings and Structures By-law. The Notice to Comply was
posted on said property on November 30, 2020.
The fourteen (14) days appeal period has now expired. Therefore, a compliance inspection will
be carried out on December 16, 2020. If the property is not in compliance with the aforesaid By-
law at the time of the inspection, City Staff will be attending the Common Council meeting
scheduled on December 21, 2020 at 6:00pm to recommend that the building be demolished
because it has become a hazard to the safety of the public by reason of dilapidation or by reason
of unsoundness of structural strength. Please be advised that at this meeting, you can present
evidence that the building is not dilapidated or structurally unsound; however, note that this
meeting will be your only opportunity to do so.
If you have any questions, don't hesitate to contact me at (506) 658-2911.
Regards,
Benn Purinton, Technical Services Officer
Growth & Community Services
SAINT IOHN
P.O. Box 1971 C.P. 1971
Saint ioN% NB Saint John, N. 6
Canada Eli 40 Canada E21. 41.1
www.saintphn.ca
El
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14-16 Exmouth Street, Saint John New Brunswick Photo 4
PID #06012864
14-16 Exmouth Street, Saint John New Brunswick Photo 5
PID #06b12864
14-16 Exmouth Street, Saint John New Brunswick Photo 6
PID #06b12864
14-16 Exmouth Street, Saint John New Brunswick Photo 7
PID #06612864
14-16 Exmouth Street, Saint John New Brunswick Photo 8
PID #06b12864
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14-16 Exmouth Street, Saint John New Brunswick Photo 12
PID #06b12864
COMMON COUNCIL REPORT
M&C No.
N/A
Report Date
December 16, 2021
Meeting Date
December 21, 2021
Service Area
Growth and Community
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Demolition of vacant, dilapidated and dangerous buildings at 206
Norris Road (PID 00328765)
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Benn Purinton
J Hamilton /A Poffenroth
I John Collin
RECOMMENDATION
RESOLVED, that the buildings located at 206 Norris Road, PID# 00328765, are to
be demolished as they have become a hazard to the safety of the public by reason
of dilapidation; and
BE IT FURTHER RESOLVED, that one or more by-law enforcement officers
appointed and designated under the SaintJohn 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.
EXECUTIVE SUMMARY
The purpose of this report is to advise Council that a Notice to Comply was issued
under Part 13 of the Local Governance Act for the buildings located at 206 Norris
Road. The hazardous conditions outlined in the Notice have not been remedied
by the owner within the required time frame and staff is looking for authorization
from Council to arrange demolition of the building.
PREVIOUS RESOLUTION
N/A
REPORT
Inspections of the property at 206 Norris Road have revealed that there are two
buildings on the premise; a one -storey single family home and a one -bay garage.
Staff first became aware of the vacancy of the buildings in November 2019 and
59
IRAN
began standard enforcement procedures. The property is located in a residential
zone on the City's East Side and is currently assessed at $93,600 as per Service
New Brunswick's Land Registry. The buildings are a hazard to the safety of the
public by reason of being vacant or unoccupied and by reason of dilapidation.
For the reasons described in the attached Inspection Report, a Notice to Comply
was issued on November 3, 2020 and was posted to the building on the same
date as per section 132(3) of the Local Governance Act that outlines acceptable
methods of service. The Certificate of Registered Ownership lists two individuals
as the owners of the buildings. The Notice provided the owners with 30 days to
remedy the conditions at the property. The owners did not file a Notice of
Appeal within the time frame provided. A compliance inspection was conducted
on December 14, 2020 which revealed that the conditions have not changed
since the Notice was issued.
Attached for Council's reference is the Notice to Comply that was issued and the
affidavit attesting to service. Also included are photos of the exterior of the
buildings. The Local Governance Act indicates that where a building has become
a hazard to the safety of the public by reason of dilapidation or by reason of
unsoundness of structural strength, the municipality may cause the building to
be demolished. As required in the Act a report from an engineer is attached,
forming part of the issued Notice to Comply, and provides the evidence to the
building's vacancy, dilapidation and resulting hazard to safety of the public. A
copy of the letter advising of the Common Council Hearing date is attached. The
letter was posted to the building on December 14, 2020 and sent via registered
mail.
STRATEGIC ALIGNMENT
Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law aligns with Council's Vibrant, Safe City priority.
W.I. /C�1��►►�/►7d/►%►J[elI_I►41501► 016IF1l*7
As is written in the Local Governance Act that a municipality must commence in
the proceedings of remedial action, approval of Common Council is required
prior to starting demolition activities at the property.
Total cost of the demolition work is estimated at $20,000. The demolition will be
completed by City staff and equipment. The cost of the work will be billed to the
property owner and if left unpaid, it will be submitted to the Province with a
request for reimbursement.
-3-
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
General Counsel provided ownership verification by obtaining the Certificate of
Registered Ownership for the property. Additionally, General Counsel registered
the Notice to Comply with Service New Brunswick's Land Registry.
ATTACHMENTS
Affidavit of Service — Notice to Comply
Affidavit of Service — Notice of Common Council Hearing
Photos
61
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
IN THE MATTER OF THE BUILDING THAT IS LOCATED AT
Q� ... , SAINT JOHN, N.B. ( PID number 3 2 7
AFFIDAVIT OF SERVICE
I, �om �,.,;w" A , of Saint John, N.B., Make Oath And Say As Follows:
1. I am employed by The City of Saint John in its Growth and Community Services
Department. I have personal knowledge of the matters herein deposed except where
otherwise stated.
2. On / r p %(C"1rr __ )) z o 6 , at approximately 3 • 5 34..- , I posted a
copy of the attached Notice to Comply, marked Exhibit "A" and Notice of Appeal,
marked Exhibiitr"B" to the front door of the building that is located at
++��;1 �� , Saint John, N.B.
Sworn To before me at the
City of Saint John, N.B.,
on the day of
2020
CH TOPHE 9MI LL
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 31ST, 2014r 1.5 62
FORM 4
NOTICE TO COMPLY — DANGEROUS OR
UNSIGHLTY PREMISES
(Local Governance Act, S.N.B., 2017, c.18, s 132(2))
Parcel
Owne
FORMULE 4
AVIS DE CONFORMITt — LIEUX DANGEREUX
OU INESTHETIQUES
(Loi sur la gouvernance locale,
L.N: B. 2017, ch.18, par. 132(2))
r(
identifier: This is exhibit Numbed d'identifcation de la parcelle :
Referred to lInffldevit of
PID # 00328765 2765
Swo�bore
me at the of
Address: 206 Norris Ro> efy10runswick d route Norris, Saint John, NB
the y of AirA
s) or Occupier(s): cupant(s)
Comm ssloner of Ckba
Name: Sabrina Anne Poirier Nom : Sabrina Anne Poirier
Address: 206 Norris Road, Saint John NB, E2N
IG6
Name: Shaun Michael Poirier
Address: 206 Norris Road, Saint John NB, E2N
IG6
Adresse : 206 route Norris, Saint John NB,
E2N IG6
Nom : Shaun Michael Poirier
Adresse : 206 route Norris, Saint John NB, E2N
IG6
Local government giving notice: The City of Saint Gouvernement local signiCant I'avis : The City of
John Saint John
By-law contravened: Saint John Unsightly Premises
and Dangerous Buildings and Structures By -Law, By-
law Number M-30 and amendments thereto (the "By-
law").
Provision(s) contravened: Subsections 6(1), 6(2) and
6(3) of the By-law.
Conditions(s) that exist: The premise is unsightly by
permitting junk, rubbish, refuse and a dilapidated
building to remain on the premise. The building has
become a hazard to the safety of the public by reason of
being vacant or unoccupied and has become a hazard to
the safety of the public by reason of dilapidation. The
conditions of the building and premise are described in
Schedule "A", a true copy of the inspection report dated
November 3, 2020 prepared by Benn Purinton, by-law
enforcement officer, reviewed and concurred in by
Christopher McKiel, P. Eng., by-law enforcement
officer.
What must be done to correct the condition: The
owner is to remedy the conditions by complying with
the required remedial actions of the aforementioned
inspection report and bring the building and premises
into compliance with the aforesaid By-law.
In the event that the owner does not remedy the
condition of the building and premises in the time
prescribed by this Notice to Comply, the building may
be demolished as the corrective action to address the
hazard to the safety of the public and the premises may
be cleaned up.
In the event of demolition, all debris and items on the
premises will be disposed of as the corrective action to
address the hazard to the safety of the public.
Arret6 enfreint : Arrete relatif aux lieux inesthetiques
et aux bdliments et constructions dangereur de Saint
John, Arrete numero M-30, ainsi que ses modifications
ci-afferentes (1' o Arrete» ).
Disposition(s) enfreinte(s) : Les paragraphes 6(1), 6(2)
et paragraphe 6(3) de I'Arrete.
Description de In (des) situation(s) : Les lieux sont
inesth6tiques en permettant In pr6sence de ferraille, de
detritus et le batiment d6labr6. Le bitiment est devenu
dangereuse pour In s6curit6 du public du fait de son
inhabitation ou de son inoccupation et est devenu
dangereuse pour la s6curit6 du public du fait de son
d6labrement. Les conditions du bitiment et des lieux
sont d6crites A 1'annexe o A », une copie conforme du
rapport d'inspection en date du 3 novembre 2020 et
pr6par6 par Benn Purinton, une agente charg6 de
1'exkcution des arret& du gouvernement local, r6vise et
en d'accorde avec par Christopher McKiel, ing., une
agente chargd de 1'execution des arret6s du
gouvernement local.
Ce qu'il y a lieu de faire pour y remedier: La
proprietaire dolt restaurer les conditions en se
conformant aux recommandations du rapport
d'inspection susmentionn6 et d'amener le bitiment et
les lieux en conformites avec I'Arretd.
Dans 1'6ventualit6 que la proprietaire ne remedient pas
le bitiment et les lieux dans le temps prescrit par le
pr6sent avis de conformite, le batiment pourront etre
demolis comme mesure corrective compte tenu qu'il
represente un danger pour In securite du public et les
lieux pourront etre nettoyds.
Dans 1'eventualite de demolition, tous les debris et
autres items sur les Iieux seront disposes comme mesure
corrective dens le but de remedier le danger pour In
sccuritd du public.
63
The aforementioned remedial actions relating to the
demolition of the building and the disposal of debris and
items on the premises do not include the carry -out clean-
up, site rehabilitation, restoration of land, premises or
personal property or other remedial action in order to
control or reduce, eliminate the release, alter the manner
of release or the release of any contaminant into or upon
the environment or any part of the environment.
Date before which the condition must be corrected:'
a) The demolition of the building, clean-up of the
property and related remedies must be
complete, or plans and permit applications for
repair related remedies, must be submitted:
within 30 days of being served with the Notice
to Comply.
b) The repair related remedies must be complete
within 60 days of being served with the Notice
to Comply.
Les mesures connectives susmentionnees relativement a
la demolition du batiment et la disposition des debris et
autres items sur les lieux ne comprennent pas le
nettoyage, la remise en etat des Iieux, des terrains ou des
biens personnels ou toute autre mesure corrective dans
le but de contr6ler ou de r6duire, d'eliminer le
deversement, de modifier le mode de d6versement ou le
deversement d'un polluant dans ou sur 1'environnement
ou toute partie de 1'environnement.
Dclai impard pour y rem6dier: I
a) La demolition du batiment et le nettoyage des
lieux doivent titre completees, ou a laquelle les
plans et demande de permis pour les mesures
des reparations, doivent titre soumises, dens les
30 jours qui suivent la signification de 1'avis de
conformite.
b) Les reparations relives aux mesures doivent etre
completees dans les 60 jours qui suivent In
signification de 1'avis de conformit6.
Date for giving notice of appeal: Within 14 days of Date limite pour donner 1'avis d'appel: Dans les 14
being served with the Notice to Comply, fours qui suivent la notification de Pavis de conformit6.
Process to appeal: The owner may within 14 days after
having been served with this Notice to Comply, send a
Notice of Appeal by registered mail to the Common
Clerk of The City of Saint John, City Hall — 21 Floor,
15 Market Square, Saint John, New Brunswick, E2L
4LL
Potential penalty for not complying with notice
within time set out in notice:' Subsection 11(1) of the
By-law states that a person who fails to comply with the
terms of a Notice to Comply given under section 7 of
the said By-law, commits an offence that is punishable
under Part 2 of the Provincial Offences Procedure Act
as a category F offence.
Where an offence under subsection 1 l(I) continues for
more than one day, the minimum fine that may be
imposed is the minimum fine set by the Provincial
Offences Procedure Act for a category F offence
multiplied by the number of days during which the
offence continues pursuant to subparagraph 1 1(3)(b)(i).
Local government's authority to undertake repairs
or remedy:' Paragraphs 12(l)(a), 12(1)(b) and 12(l )(c)
of the By-law state that if an owner or occupier does not
comply with a Notice to Comply given under section 7
within the time set out in the said Notice, the City may,
cause the premises of that owner or occupier to be
cleaned up or repaired, or cause the building or other
structure of that owner or occupier to be repaired or
demolished. Further, subsection 12(3) of the By-law
states that the cost of carrying out such work, including
any associated charge or fee, is chargeable to the owner
or occupier and becomes a debt due to the Cary.
Processus d'appel : La proprietaire peux dans les 14
jours qui suivent la notification de t'avis de conformit6,
envoy6 un avis d'appel par courrier recommande a la
greffi&e communale de In municipalit6, a The City of
Saint John, Edifice de l'hStel de ville, 2e 6tage, 15
Market Square, Saint John, Nouveau -Brunswick, E2L
4L1.
Peine possible en cas Womission de se conformer aux
exigences de 1'avis dans le d61ai y imparti : ' Le
paragraphe I I( I) de I'Arret6 pr6voit quiconque omet de
se conformer aux exigences formuldes dens un avis de
conformite notifi6 aux termes de Particle 7 de ladite
Arret6, commet une infraction qui est punishable en
vertu de la partie 2 de la Loi .sur la procedure applicable
aux infractions provinciales A titre d'infraction de la
classe F.
Lorsqu'une infraction pr6vue au paragraphe I l(l) se
poursuit pendant plus d'une journ&e, I'amende
minimale qui peut titre imposee est I'amende minimale
prevue par la Loi sur la procedure applicable aux
infractions provinciales pour une infraction de In classe
F multipliee par le nombre de jours pendant lesquels
('infraction se poursuit conformement a I'alin6a
1 I(3)b)i).
Pouvoir du gonvernement local d'entreprendre des
reparations on de rem6dier it In situation : 3
Conform6ment aux alin6as 12(1)a), 12(1)b) et 12(1)c)
de 1'Arrete, si un avis de conformite a 6te signifie aux
termes de ('article 7 de ladite Arretc et, que le
proprietaire on l'occupant ne se conforme pas a cet avis
de conformit6 dans le delai imparti et tel qu'il est repute
confirme ou tel qu'il est confirme on modifi6 par un
comit6 du conseil on par un juge en vertu le paragraphe
12(3) de ladite Arret6, la municipalit6 pent faire nettoyer
ou reparer les lieux de cc proprietaire on de cet occupant
ou de faire r6parer ou demolir le batiment on autre
construction de cc proprietaire on de cet occupant, et les
M
coots aff6rents a 1'ex6cution des ouvrages, y compris
route redevance ou tout droit connexe, sont mis A la
charge du propridtaire ou de !'occupant et deviennent
une crdance de la municipalit6.
Dated at Saint John on the 3 day of November, 2020. Fait a Saint John le novembre 2020.
Local government: The City of Saint John
Signature of the officer of the local government:
Gouvernement locate: The City of Saint John
Signature du fonctionnaire du gouvernement local:
Contact information of the officer of the local Coordonnges du fonctionnaire du gouvernement
government: local:
Name: Benn purinton
Mailing address:
Growth and Community Services
The City of Saint John
15 Market Square
City Hall Building, 11 Floor
P. Q. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: (506) 658-2911
E-mail: benn.purinton@saintjohn.ca
Fax: (506) 632-6199
Corporate seal of the
Notes:
I. All appropriate permits must be obtained and all relevant
legislation must be complied with in the course of carrying out the
required remedial action.
Nom : Benn Purinton
Adresse postale:
Service de la Croissance et du Communautaire
The City of Saint John
15 Market Square
Edifice de I'h6tel de ville, V dtage
Case postale 1971
Saint John (Nouveau -Brunswick)
E2L 4L1
Telephone : (506) 658-2911
Adresse 6lectronique: benn.purinton@saintjohn.ca
T616copieur. : (506) 632-6199
Sceau du gouvernement local
Notes :
1. Tous les permis prescrits doivent tire obtenus et toute la
Iegislation pertinente doit We respectte pendant I'extcution des
mesures de remtdiation.
2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de 1'amende n'a pas pour effet d'annuler
with the by-law, standard or notice. ('obligation de se conformer A Parrett. t ]a norme ou A Pavis.
3. Costs become a debt due to the local government and may be 3. Les coitts deviennent one chance du gouvemement local et
added to the joint local government and provincial Real Property peuvent ttre ajoults A I'avis common d'tvaluation ei d'imp6t
Assessment and Tax Notice. fancier des gouvemements local ct provincial.
65
INSPECTION REPORT
Schedule "A"
206 Norris Road
Saint John, New Brunswick
PID# G0328765
Inspection Date: September 29, 2020
Inspection Conducted by: Benn Purinton, EIT
Introduction
1 hdeeby oerbfy dW tMr}
dol:mnft is a Ma oopyON6
oriOML
Dew at Saint: Jd*
this tOf
442"drerl4 Mee
Inspection of the property, PID# 00328765. revealed that there arc two buildings on the
premises (the "Buildings"); a one -storey, wood4rarne, single family home (the "House")
and a detached one bay garage (the "Garage"). Staff first became aware of the vacancy of
the Building in September 2019 and began standard enforcement procedures. The property
is located in the City's East Side in a residential zone_ The Building is a hwzard to the
safety of the public by reason of being vacant or unoccupied and by reason of dilapidation.
Discussion
The Building does not comply with the .Saint ,luhn Unsightly Prep i.%c v and Dangel•ou
Buildings and Slrueltrree By -tole, By-law Number M-30, and amendments thereto (the
"By-law"),
Unsightly Premise Conditions
Subsection 6(l) of the By-law states:
No person shall permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises
(rr) any ashes, junk, rubbish or refuse;
(h) an accumulation of wood shavings, paper, sawdust or other residue of
production or construction;
(c) a derelict vehicle, equipment, machinery or the: body of any part of a
vehicle equipment or machinery, or
(d) a dilapidated building.
1. There is a significant amount of junk, rubbish and refuse on the property. Items
include, but are not limited to, plywood boards, a door, a television, multiple
couches, a fridge and a various amount of toys. The aforementioned junk, rubbish
and refuse is unsightly.
2. The Mouse is dilapidated. The exterior cladding is composed of wood clapboard
siding. Some sections of the siding at the rear and left sides of the House have
fallen off. There are sections where the remaining siding has detached and is
loosely hanging from the Housc, exposing insulation, studs and tar paper
underneath. Paint is peeling from the wood trim on all sides of the Mouse. 'There
is concrete surrounding the bottom portion of the Mouse. There are sections of the
concrete where the upper end has detached from al I sides of the Building. The deck
attached to the rear of the I•louse has a gate that has detached and is leaning. The
House is unsightly.
3. The Garage is dilapidated. Paint is peeling from the siding as well as the fascia. A
portion of the fascia has fallen from the left side of the Garage. The door on the
left side of the Garage appears to have fallen out ot'the frame and is laying nearby
on the driveway. The doorframe has disconnected from one end. The disconnected
end has been moved from its original position approximately 1 foot towards the
interior of the Garage. The Garage is unsightly.
Vacant and Unoccupied
Subsection 6(2) of the By-law states:
No person shall permit a building or other structure owned or occupied by
the person to become a hazard to the safety of the public by reason of being
vacant or unoccupied.
The Building is a hazard to the safety of tile public by reason ol'being vacant or unoccupied
for the following reasons:
Buildings in a dilapidated condition that are known to be vacant can attract
vandalism, arson and criminal activity. Both the House and the Garage were
found unsecured at the time of inspection. It was visibly evident that the Garage
was unsecured upon arrival due to the left side door being removed. 'rhe #'act
that the Buildings are unsecured increases the risk of'criminal activity occurring
at the property. The dilapidated conditions of the Buildings afTects the quality
of life of neighboring properties and negatively impacts property value of real
estate in the area due to negative perceptions of unsafe and deteriorating
conditions. Saint John Energy confirmed that the power has been disconnected
since January 2019.
2. There is a concern I'or firefighter safety in the event of fire. If firefighters
suspect there may be people inside the Buildings, it would be reasonable to
expect they may be required to enter them. The condition of the Buildings are
not known to firefighters, which poses a hazard to their safety in the event of a
fire.
Dilapidated Building Conditions
Subsection 6(3) of the By-law states
No person shall permit a building or other structure owned or occupied by
the person to become a hazard to the safety of the public by reason of
dilapidation.
The Building is a hazard to the safety of the public by reason of dilapidation for the
following reasons:
1. The exterior of the Mouse is dilapidated. Sections of the concrete that surrounds
the bottom portion of the House have detached from the upper end on all sides
of the Building. The detached sections are leaning forward. In some cases the
top of the concrete is as far as 6 inches from its original position. I f the concrete
were to fully collapse, it could injure an individual around the House. At the
rear of the !-louse, there is an opening approximately 2-111 x 241 in size that is
unsecured. The opening leads to the House's crawlspacc. The plywood that
was previously used to secure the opening has detached and is hanging from the
left side of the opening. The fact that the House remains unsecured could attract
trespassers to the property. The gate to the rear deck is detached and leaning.
There are shingles on the deck that have fallen from the roof. To the right of
the deck, there is a pile of plywood boards. One of the plywood board has
multiple nails protruding from it. The nails that protrude from the plywood
boards are hazardous as they could injure an individual if stepped on. If all
individual were to trip and fall on the plywood boards the potential for severe
injury is increased by the protruding nails.
2. The interior of the House is dilapidated. There is a significant amount of water
infiltration in the I-fouse. During the internal inspection, there was water
dripping from the ceiling. Continued water infiltration is accelerating the
deterioration of the Building. Tile ceiling is sinking in multiple rooms. Tile
67
floorboards are curled up in the area near the front entrance. Water stains were
found on the walls, the ceiling, the floors and the furniture throughout the
House. At the end of the hallway to the fell of the House, there was Fungi
growing on a floorboard. Mould was found in the 1-louse. Mould presents a
respiratory hazard to those required to enter the Building. In the bathroom there
was a section of the floor that was unsupported. The unsupported floor
deflected under load. If the unsupported floor were to collapse larder live load
it could result in injury.
There is debris present throughout the 1-10use. The debris is composed of
Furniture, garbage and various household items. "Ihe debris presents a tripping
hazard. 'there are shards of glass on the floor of the bathroom from a broken
mirror. The broken mirror is nearby with shards remaining in the frame. Ira
fall were to occur in the bathroom, the potential for injury is increased due to
the presence of broken glass.
3. The Garage is dilapidated, The Garage is visibly unsecured as the left side door
has fallen out of the Game and is lying on the driveway nearby. The doorframe
has disconnected from one end. The disconnected end has been moved from its
original position by approximately 1 foot towards the interior of the Garage.
Water is infiltrating; the Garage. Water stains are present in multiple location on
the ceiling. There is also mould that has accumulated on the ceiling. There are
multiple holes in the ceiling with loose portions of the ceiling as well as
insulation are hanging from the holes.
There is a significant amount ol'debris present in the garage. Items include, but
are not limited to, garbage, tools, household items and various plastic
containers. The debris presents a tripping hazard to individuals within the
Garage. The debris limits access to some areas of the Garage.
Required Remedial Actions
The owner must comply with one of the two options stated below:
Option 1: Remedy the conditions of the Building through all repair and remedial actions
as follows:
1. The Building must be completely repaired to remedy the above mentioned hazards
to public safety while meeting the requirements of the Nalional Building (:ode of
Canada (2010) as well as all other applicable by-laws.
2. The Building must be maintained, kept secure, and monitored on a routine basis
while the property remains vacant or unoccupied.
3. A detailed plan must be submitted to the Growth and Community Services
Department of the City of Saint John (the "Department) I'or review and approval.
The plan should also include a schedule for the work that is to be carried out. The
repaired Building; must meet the National Building Code gfC'anadct (2010) as well
as other applicable codes.
4. The detailed plan, including schedules and any engineering reports, must be
approved by the Department prior to commencing; repair work.
5. A building permit must be obtained for any and all applicable work prior to
commencing; said work from the City of Saint John in order to comply with the
Saim John Building By-law, By-law Number C.P. 102 and amendments thereto (the
"Saint .1ohn Building By -lain").
b. The premise must be cleared of all debris found on the property, including; any and
all rubbish that may be considered hazardous or unsightly. The debris from the
premise must be disposed of at an approved solid waste disposal site, in accordance
with all applicable by-laws, acts and regulations. Documented proof. that clearly
demonstrates an approved solid waste disposal site was used for the disposal of
debris, must be provided to the Department. The premise must comply with all
applicable By-laws, Acts, Codes and Regulations.
Option 1: Demolition of the Building and cleanup of all debris on the premise by
complying with all the remedial actions as follows:
1. The Building must be demolished to remove the hazard to the safety of the public
by reason of dilapidation and by reason of being vacant or unoccupied.
2. A demolition permit must be obtained from the City of Saint John in order to
comply with the Sainl Jahn Builcling Rj4cm,.
3. The premise must be cleared of the debris from the demolition and the lot must be
made reasonably level with grade so as to not create a tripping or falling hazard.
All debris must be disposed o[' at an approved solid waste disposal site, and in
accordance with all applicable By-laws, Acts and Regulations. Documented proof.
that clearly demonstrates an approved solid waste disposal site was used for the
disposal of debris, must be provided to the Department.
4. All debris that is currently on the premise must be removed and disposed ol'at an
approved solid waste disposal site, and in accordance with all applicable By-laws,
Acts and Regulations. Documented proof, that clearly demonstrates an approved
solid waste disposal site was used for the disposal of debris, must be provided to
the Department.
5. The property must be in compliance with all applicable By-laws. Acts and
Regulations.
Prepared by:
L., P,.W�
Benn Purinton, EIT
Technical Services Officer
Growth and Community Services
Reviewed by and concurred in by:
` 164�,J_
Christopher McKie[, P. Eng
Technical Services Engineer
Growth and Community Services
No,^,e.- 1&- 2 DZo
Date
�lkx /r �►-1 h, , � -,� -) Zn 7—n
Date
4
Schedule "B"
FORM 1
NOTICE OF APPEAL
File No.: This is Exhibit a
Reterred to In the Atlldanit of N° du dossier :
BETWEEN: owom betore W at e K T�NTRE :
t_dtday
n, New nswldc V
THE CITY OF SAINT JOHN,
Respondent.
Parcel Identifier: PID #
Parcel Address:
Owner(s) or Occupier(s):
Name:
Address:
Telephone:
Name:
Address:
Telephone:
ner
-et-
Annexe o B »
FORMULE 1
AVIS WAPPEL
Appelant(s),
THE CITY OF SAINT JOHN,
Intimee.
Numero d'identification de la parcelle : # NID
Adresse de Ia parcelle :
Proprietaire(s) ou occupant(s) :
Nom :
Adresse :
Telephone:
Nom :
Adresse :
Telephone:
The above named appellant(s) is (are) not satisfied L'appelant ou les appelants susnomme(s) n'accepte(nt)
with the terms and conditions set out in: pas les modalites ou les conditions qui sont enonces
dans :
(a) a Notice that was given under section 7 of the (a) un Avis qui a ete donne en vertu de I'article 7 de
Saint John Unsightly Premises and Dangerous 1'Arrete relatif aux lieux inesthetiques et aux
Buildings and Structures By -Law; or bdtiments 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 ete emise en vertu de
Saint John Minimum Property Standards By- Particle 25 de 1'Arrete concernant les normes
Law; minimales regissant les residences de Saint John
and therefore appeals to the Saint John Substandard et fait ainsi appel devant le Comite des appels sur les
Properties Appeal Committee. residences non conformes aux narmes de Saint John.
The appellant's grounds for this appeal are as follows Les motifs d'appel de Pappelant(s) dans le present
(set out the grounds clearly but briefly): appel sont les suivants (enoncer les motifs de faVon
70
WE
Dated at the
20
Signature of owner or occupier
claire et concise) :
day of Fait a
The appellant(s) intends to proceed in the English [ ]
or French [ ] language (Please check the appropriate
box).
Please forward your Notice of Appeal by registered
mail to the City Clerk within fourteen (14) days after
having been given the Notice or Order at the
following address:
City Clerk's Office
15 Market Square, City Hall Building, 2"d Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: 506-658-2862
Facsimile: 506-674-4214
Notes:
1. A Notice or Order that is not appealed within
fourteen (14) days after having been given or issued
shall be deemed to be confirmed.
2. On an appeal, the Saint John Substandard
Properties Appeal Committee shall hold a hearing
into the matter at which the owner(s) or occupier(s)
bringing the appeal has (have) a right to be heard and
may be represented by counsel.
3. On an appeal, the Saint John Substandard
Properties Appeal Committee may confirm, modify
or rescind the Notice or Order, or extend the time for
complying with the Notice or Order.
4. The Saint John Substandard Properties
Appeal Committee shall provide a copy of its
decision to the owner(s) or occupier(s) of the
premises, building or structure who brought the
appeal within fourteen (14) days after making its
decision.
20
Signature du proprietaire ou de l'occupant
_ lc
L'appelant a ou les appelants ant l'intention d'utiliser la
langue fra%aise [ ] ou anglaise [ ] (Veuillez cocker la
case appropriee).
Veuillez faire parvenir votre AVIS D'APPEL par courrier
recommande au greffier municipal dans les quatorze
(14) jours qui suivent la notification de P.Avis ou de
PORDONNANCE a Vadresse suivante :
Bureau du greffier municipal
15 Market Square, Edifice de 1'hotel de ville, 2e etage
Case postale 1971
Saint John (Nouveau -Brunswick)
E21, 4L1
Telephone : 506-658-2862
Facsimile: 506-674-4214
Notes :
1. Un Avis ou une ORDONNANCE dont it West pas
interjete appel dans les quatorze (14) jours qui suivent
la notification de FAv[s ou l'emission de
1'ORDONNANCE est repute confirmd.
2. Lors d'un appel, le Comite des appels sur les
residences non conformes aux normes de Saint John
doit tenir, sur le point en litige, une audience au cours
de laquelle le(s) propridtaire(s) ou Foccupant ou les
occupants qui interjette(nt) appel a (ont) le droit d'etre
entendu(s) et peut (peuvent) se faire representer par un
avocat.
3. Lors d'un appel, le Comite des appels sur les
residences non conformes aux normes de Saint John
peut confirmer, modifier ou annuler I'AVIS ou
l'ORDONNANCE ou proroger le delai pour s'y conformer.
4. Le Comite des appels sur les residences non
conformes aux normes de Saint John doit fournir une
copie de sa decision au(x) propridtaire(s) ou a
Foccupant ou aux occupants des lieux, du batiment ou
de la construction qui lui a (ont) interjete appel dans les
quatorze (14) jours suivant la date a laquelle it a rendu
71
-3-
5. The owner(s) or occupier(s) who is provided
with a copy of a decision from the Saint John
Substandard Properties Appeal Committee regarding
a Notice, may appeal the decision to a judge of The
Court of Queen's Bench of New Brunswick within
fourteen (14) days after the copy of the decision was
provided to the owner(s) or occupier(s) on the
grounds that (a) the procedure required to be
followed by the by-law was not followed, or (b) the
decision is unreasonable.
sa decision.
5. Le(s) proprietaire(s) ou l'occupant ou les
occupants a qui une copie d'une decision a ete foumie
par le Comite des appels sur les residences non
conformes aux normes de Saint John concernant un
Avis peut (peuvent), dans les quatorze (14) jours qui
suivent, interjeter appel de la decision devant un juge de
la Cour du Banc de la Reine du Nouveau -Brunswick au
motif que (a) la demarche a suivre en vertu de 1'arrete
n'a pas ete suivie, ou (b) la decision est deraisonnable.
72
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
IN THE MATTER OF THE BUILDING THAT IS LOCATED AT
{ 4r-f"i ( k , Saint John, N.B. (PID number W 76 5
AFFIDAVIT OF SERVICE
I, Lr-�:J94 , of the City of Saint John in the County of Saint
John and the Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS:
I. I am employed by the City of Saint John in its Growth and Community Services
Department. I have personal knowledge of the matters herein deposed where otherwise
stated.
2. On the `� day of2020 at approximately �_ ,
I posted a copy of the Notice of Common Council Hearing letter, annexed hereto
marked Exhibit "A" to the building at Z Q 6 ! a.�; r , Saint
John, N.B.
Sworn To me at the
City of Saint John, N.B.
on the 1 q day of
2020
14 X�/-;
�tg
CHNSTOPHER D MCKIEL
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 31ST, 2M W2'5
73
ngOEYaSAMWh@
December 14, 2020
REGISTERED MAIL
Permitting & Inspection / Service des inspections et de 1'application
By-law Enforcement / Service d'Application des Arretes Municipaux
Phone / Tel : (506) 658-2911
Fax / TO& : (506) 632-6199
Shaun Michael Poirier & Sabrina Anne Poirier
206 Norris Road
Saint John, NB E2M 7J9
Dear Sir/Madam:
This is Exhibit \Av
Referred to in the Affidavit of
%ai 0
Swom before me at the City of
Saint John, New Brunsw c_r
t�h�dayofrt
Commissioner of Oaths
NOTICE OF COMMON COUNCIL HEARING
Re: 206 Norris Road, PID #00328765
Dangerous and Vacant Building Program
On November 3, 2020, a Notice to Comply was issued for the above mentioned property which
required remedial action to bring the building and premises into compliance with the Saint John
Unsightly Premises and Dangerous Buildings and Structures By-law. The Notice to Comply was
posted on said property on November 3, 2020.
The fourteen (14) days appeal period has now expired. Therefore, a compliance inspection will
be carried out on December 14, 2020. If the property is not in compliance with the aforesaid By-
law at the time of the inspection, City Staff will be attending the Common Council meeting
scheduled on December 21, 2020 at 6:00pm to recommend that the building be demolished
because it has become a hazard to the safety of the public by reason of dilapidation or by reason
of unsoundness of structural strength. Please be advised that at this meeting, you can present
evidence that the building is not dilapidated or structurally unsound; however, note that this
meeting will be your only opportunity to do so.
If you have any questions, don't hesitate to contact me at (506) 658-2911.
Regards,
,6,
Benn Purinton, Technical Services Officer
Growth & Community Services
SAINT JOHN
P.O. Box 1971 C.P 1971
Saint iohn, NB Saint John, N.-B
Canada ER 40 Canada EA 41
Wvww saintjohn. ca
74
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Saint John Board of Police Commissioners
P. O. Box 1971
Saint John, NB
EZL 4L1
Phone: (506) 648-3324
Mayor and Common Council
City of Saint John
Saint John NB
E2L 4L1
RE: Saint John Police Force SJPF 2021 Operating Budget
The Saint John Board of Police Commissioners at their December 9, 2020 Open Session meeting
adopted the following resolution around the above captioned matter.
RESOLVED, that the Saint John Board of Police Commissioners at their December 9, 2020
Open Session meeting, approve the Saint John Police Force 2021 Operating Budget as presented
and forward a copy of the budget and resolution to Common Council.
Sincerely,
EdwardX. Keyes, Q.C., Chair
Saint 1 n Boar nTice Commissioners
mew
Attachment
cc: Chief Stephan Drolet
Craig Lavigne, Asst. Comptroller, City of Saint John
Jonathan Taylor, Common Clerk
TL
oao� zu
00io
wtlo"Po
WOO
Saint John Police Force
2021 Operating Budget
01
December 9, 2020
Background
• Common Council passed the General Fund Operating Budget on
October 23rd1 2020
• City was facing a $10 million structural deficit in 2021
• The 2021 Operating budget was a historical financial reset with
over $6.0 million reduced from wages and benefits and $4.0
million in reduced operating costs and increase in revenues
• The Board of Saint John Police Commissioners were directed by
Common Council to reduce the Saint John Police Force's 2021
operating budget by $1.3 million and explore opportunities for
shared services
2 85
SAINT �aNM
jDp��CF' FORCE
Saint John Police Force 2021 Operating Budget
4.
2021 Operating Budget
Budget Budget
Expenditures by Division
Administrative Services
1,817,500
2,023,778
Saint John Board of Police Commissioners
112,050
162,052
Support Services Division
1,973,000
1,920,869
Criminal Investigative Division
4,235,700
4,645,588
Patrol and Operations Services Division
14,854,750
15,212,146
Detention Services
174,000
174,000
Facility Management Services
941,412
956,700
Fleet Services
984,850
1,000,500
Total Expenditures by Division
25,093,262
26,095,633
Revenues
Secondments
470,000
170,000
Prisoner Lodging
75,000
75,000
Accident Reports
20,000
20,000
Extra Duty Charges
100,000
100,000
Province of NB Cost Sharing Tunnel
55,000
55,000
Other Revenues 100,000 100,000
Total Revenues 820,000 520,000 f4
Net Operating Budget V24,273,262 25,575,633
2021 Operatin
Budget - $1.3 Million Reduction
• Additional $300K in Secondment Revenue
• Partnership with Horizon Health for Integrated Mobile Crisis Response
Team
• 2 Full time Police Officers seconded to this Unit
• Reduction in Salaries and Benefits - $9441298
0
• Elimination of Civilian Management Positons
• Sergeant Position being converted to Civilian Position
• Multiple retirements of Senior Staff
• Shared Services with City for HR and Finance services.
r
r
88
•
2021 Operating Budget
2021
Budget
2020
Budget
Expenditures by Category
Salaries and Benefits
21,458,206
22,402,504
General Services
445,500
468,741
Insurance
60,900
51,000
Professional Fees
310,000
360,000
Other Purchased Services
127,000
129,700
Repairs and Maintenance
115,000
115,000
Rentals
1,069,250
987,500
Purchased Goods
316,906
343,300
Internal Charges
790,500
835,888
Asset Purchases
400,000
402,000
Total Expenditures by Category
25,093,262
26,095,633
Expenditure Reduction-1,002,371
89
2021 Operating Budget Highlights
• Completion and Implementation of Police Force's Strategic Plan
• Completion of 5 year Operating and Capital Budget Forecast
• Ensures alignment with City's 10 year long term financial plan
• Continued alignment with City Financial Policy — Wage Escalation Policy
• Hiring 6 new Police Cadets in Q1 of 2021
• Continued focus on finding operational efficiencies, eliminating
non -core policing functions.
• Explore more opportunities for shares services with City
7 90
SAINT �aNM
jDp��CF' FORCE
2021 and Beyond Operating Budget
Risks
• Contract with Police Association currently
expired
• Contract with Local 486 expiring in 2021
• City Is tax assessment growth in 2021 only
0.12%
• City will not be able have financial ability
to increase cost above tax growth.
• Impacts of COVID-19 will continue into
2021
:Mk ;
7• Y54l4f
g 91
SAIiy7. �aNM
jDp��CF. FORCE
Recommendation
"Recommend the Board of Police Commissioners approve the
2021 Operating budget as presented and forward a copy of the
budget and resolution to Common Council"
Questions?
9 92
63mi.wT low
M&C No.
TBD
Report Date
December 18, 2020
Meeting Date
December 21, 2020
Service Area
Choose an item.
SUBJECT: Burchill Project — Memorandum of Agreement
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
RESOLVED that:
1. That the City enter into the Memorandum of Agreement between The City of
Saint John and The Power Commission of the City of Saint John in relation to the
Burchill Project in the form as described to Committee of the Whole at its
December 21, 2020 meeting; and that the Mayor and City Clerk be authorized to
execute the said Memorandum of Agreement, and further
2. That (a) in each year, the City of Saint John's portion of benefit of the Burchill
Wind Project over its planned 25-year period be applied for purposes of the
Community Energy Plan, reducing the City's expenses for that purpose, and (b) in
the next following year, and in accordance with The City of Saint John Ten Year
Financial Plan, the amount of such benefit be placed into a tax rate reduction
reserve, such that the funds in that reserve account be applied solely for purposes
of tax rate reduction.
The City of Saint John is entering into a shared benefit agreement with its power
commission - The Power Commission of the City of Saint John in accordance with
its Community Energy Plan as adopted by Council on May 6, 2019. Council adopted
the City of Saint John Community GHG & Energy Action Plan to, among other
things, encourage green energy development. Policies and strategies outlined in
the Community Energy Plan that are noteworthy; the City of Saint John is to work
with Saint John Energy to explore renewable sources of energy and generate
income and a return on investment through local renewable energy production.
93
COMMITTEE OF THE WHOLE REPORT
M&C No.
# found on Slharepoint.
Report Date
December 14, 2020
Meeting Date
December 21, 2020
Service Area
Growth and Community
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Interim Funding - Regional Economic Development Agency of Greater
Saint John
CLOSED SESSION DISCUSSION REASON
This matter is to be discussed in closed session pursuant to the provisions of
subsection 68(1)(c) of the Local Governance Act.
OPEN SESSION RESOLUTION REQUIRED?
Yes, resolution and Public Report from Committee of the Whole to be added to
open session
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Jacqueline Hamilton John Collin
RECOMMENDATION
Staff recommend that Committee of the Whole:
Approve the Operating Advance Agreement between the City and the New
Regional Economic Development Agency for Greater Saint John in the form
attached as Schedule "A" and, further, that the Mayor and City Clerk be
authorized to execute the said agreement.
EXECUTIVE SUMMARY
The five municipalities of Saint John, Grand Bay -Westfield, Hampton, Quispamsis,
and Rothesay have voted unanimously to accept a new operating model for an
innovative Regional Economic Agency for Greater Saint John to be established by
January 1, 2021 (the "Agency"). Since the City's endorsement of the proposed
regional economic development model in July of 2020, significant progress has
been made to get the Agency up and running while winding up the operations of
the three existing agencies, Develop Saint John, Discover Saint John and Economic
Development Greater Saint John, that together currently provide services of the
nature that will be provided by the Agency.
0
Despite the collective best efforts of all parties, the respective agreements that
define service expectations, governance and funding terms were not able to be
finalized in time for the January 15t start-up. Each of the member municipalities is
proposing to advance a portion of their funding to ensure continuity in economic
development service delivery while the agreements are being finalized and to
inject necessary interim resources to cover the new Agency's operational needs.
This report recommends the adoption of an Operating Advance Agreement that
will advance a prorated portion of the anticipated Annual Operating Grant from
the City to the Agency to give some additional runway for the Agency and the
member municipalities to finalize their respective agreements.
PREVIOUS RESOLUTION
On July 20, 2020, the following resolution was passed:
RESOLVED that Common Council adopt the new aligned regional economic
development framework as presented in Attachment A;
Common Council direct the City Manager to proceed with the necessary support
from the City of Saint John to the Economic Development Advisory Council to
enable the transition plan into the new aligned regional economic development
framework as outlined in Attachment A;
Common Council refer the budget expectations of the new aligned regional
economic development framework outlined in Attachment A to the Finance
Committee and to integrate in upcoming operating budgets (2021-2025); and,
Common Council direct the City Manager to send a letter confirming the City of
Saint John's commitment towards the aligned framework to the Economic
Development Advisory Council.
STRATEGIC ALIGNMENT
Growth and Prosperity is one of the key outcomes established by Common Council
2016-2021, and the adoption of the new regional economic development agency,
and the subsequent wind -down of the old agencies, will position the City to
achieve new levels of growth.
REPORT
The five municipalities of Saint John, Grand Bay -Westfield, Hampton, Quispamsis,
and Rothesay have voted unanimously to accept a new operating model for an
innovative Regional Economic Development Agency for Greater Saint John to be
established by January 1, 2021. As a follow-up to Council's endorsement of the
new regional economic development model on July 20, 2020, significant progress
has been made to establish the Agency. This has included the hiring of a transition
coordinator, the recruitment and appointment of the Agency's Board of Directors,
95
incorporation of the Agency and the preparation of its governing bylaws and
policies, the launch of a recruitment process to hire a CEO and negotiations to
formalize the governance and funding arrangements for the new entity. Efforts
are also in the advanced stages to wind down the operations of the existing
economic development agencies as their functions and staff transition to the new
entity.
Despite the collective best efforts of all parties, the respective agreements that
define service expectations, governance and funding terms are not able to be
finalized in time for the commencement of the Agency's operations on January
1st. Each of the regional municipalities are supportive of pursuing interim
arrangements to advance a portion of their funding to ensure continuity in
economic development service delivery while the agreements are being finalized.
In the case of the regional municipalities of Grand Bay, Hampton, Quispamsis and
Rothesay, they are proposing to advance 25% of their 2021 funding commitment
on January 1st. Collectively this represents approximately $95,000.
This report recommends an Operating Advance Agreement with the City that will
enable advance funding to give some runway for the Agency and municipalities to
finalize agreements. In the City's case, staff are recommending rather than
advancing 25% of funding, that given the City's significant financial contribution,
a reasonable interim support measure is to advance funding prorated for the
month of January of 2021 from the overall commitment that is expected to attach
to the 2021 calendar year. This would be conditional upon the respective service
agreements being approved by Council by the end of January — more specifically
at its meeting of January 25t", 2021.
SERVICE AND FINANCIAL OUTCOMES
The City's approved 2021 budget includes funding for the City's contribution
towards Regional Economic Development Agency of Greater Saint John in the
amount of $1.7 Million ($1,630,185 plus HST). The recommended interim
financial agreement would advance the City's 1/12 contribution for the month of
January 2021, which amounts to $135,848.75 plus HST.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The recommended interim funding agreement has been drafted and reviewed by
General Counsel's Office subject to policy advice and direction from the City
Manager, Chief Financial Officer and the Commissioner of Growth & Community
Services. The interim funding arrangement is being proposed as a result of
engagement with the Agency and its member municipalities.
ATTACHMENTS
Schedule "A" - Operating Advance Agreement between the City and the Agency.
Between
And
OPERATING ADVANCE AGREEMENT
New Regional Economic Development Agency for Greater Saint John, a
company incorporated pursuant to the Canada Not -for -Profit Corporations Act,
S.C. 2009, c. 23, having its head office in the City of Saint John in the Province of
New Brunswick, hereinafter the "Agency"
The City of Saint John, a body corporate by Royal Charter, confirmed and
amended by Acts of the Legislative Assembly of the Province of New Brunswick,
having its office in the City of Saint John in the Province of New Brunswick,
hereinafter the "City"
WHEREAS the City of Saint John, the Town of Quispamsis, the Town of Rothesay, the Town Grand Bay -
Westfield and the Town of Hampton (together, the "Municipal Partners") have come together to establish
the Agency in order to drive a coordinated approach to economic development and tourism pursuant to
the mandate generally described in the document entitled "Collaborating to Ensure the Municipalities in
Greater Saint John Will Prosper in the 2020s: A New Economic Development Model" (the "Prospectus");
AND WHEREAS the Agency has been established and will begin to incur operational costs commencing on
January 15t, 2021;
AND WHEREAS the Municipal Partners and the Agency are working to conclude a series of bilateral
Funding Agreements between each of them and the Agency as well as a Members' Agreement to which
the Agency and the Municipal Partners will all be parties to;
AND WHEREAS time is of the essence for the Agency in accessing operating funds because it has made
commitments to personnel and others commencing on January V, 2021;
The Parties hereby agree as follows:
1. The City shall advance to the Agency the sum of One Hundred and Thirty -Five Thousand Eight
Hundred and Forty -Eight Dollars and Eighty -Five Cents ($135,848.75) plus HST on or before
January 1", 2021, which represents 1/12 of the Annual Operating Grant for 2021 that will flow
from the City to the Agency on a quarterly basis as contemplated in the Prospectus (the
"Operating Advance").
2. It is understood and agreed that the Operating Advance shall be used to support the operations
of the Agency, as generally outlined in the Prospectus, until the Funding Agreements and the
Members' Agreement referenced more particularly in the recitals hereto are concluded between
the Parties.
3. It is further understood and agreed that the Operating Advance shall be credited against the first
quarterly instalment of the Annual Operating Grant resulting from the adoption of the Funding
97
Agreement between the City and the Agency and that such Operating Advance shall be expressly
accounted for in the Funding Agreement.
4. It is further understood and agreed that the City requires the Funding Agreement and the
Members' Agreement to be fully negotiated and ready to present to the City's Common Council
with a recommendation to approve same at the meeting of Common Council scheduled for
January 25t", 2021 and that the Agency shall take every necessary step to achieve this outcome
against such timeline.
Agreed December , 2020, on behalf of:
Witness
Witness
NEW REGIONAL ECONOMIC DEVELOPMENT AGENCY
FOR GREATER SAINT JOHN
Per:
Name:
Title:
Per:
Name:
Title:
THE CITY OF SAINT JOHN
Per:
Don Darling
Mayor
Per:
Jonathan Taylor
City Clerk
Resolution Date: December 21', 2020
QDS'am2T low
M&C No.
# found on Sharepoint.
Report Date
December 17, 2020
Meeting Date
December 21, 2020
Service Area
Growth and
Community
Development Services
SUBJECT. Progress Report on Wind -Down of Develop Saint John and Discover Saint
John
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF
COUNCIL
In order to support the ongoing organizational wind -down efforts of Discover Saint John
until June 30, 2021, Committee of the Whole is recommending that the terms of two
Discover Saint John board members are extended. The terms of these two Board
members were scheduled to expire prior to June 30, 2021.
In addition, in order to proceed with the necessary requirements to dissolve Develop
Saint John, Staff is recommending two resolutions to ratify and confirm By -Law No. X
from Develop Saint John and to proceed with a transfer agreement between the City
and Develop Saint John.
COUNCIL RESOLUTION
Staff recommend that Common Council:
A. As it relates to Discover Saint John:
1. Extend the appointment of Dave Drinnan to the Discover Saint John Board of
Directors until June 30, 2021;
2. Extend the appointment of Stephany Publicover to the Discover Saint John Board
of Directors until June 30, 2021;
B. As it relates to Develop Saint John:
1. Recommend to Common Council that the City, being the sole owner of the capital
of DEVELOP SAINT JOHN INC./DEVELOPPER SAINT JOHN INC. (the "Corporation"),
a New Brunswick corporation, DOES HEREBY RESOLVE THAT By -Law No. X of the
Corporation, as enacted by the directors on December 17, 2020, is hereby ratified
and confirmed as a by-law of the Corporation; and further,
Recommend to Common Council that the City enter into the Transfer Agreement
with Develop Saint John Inc./Developper Saint John Inc. in the form as attached
to this M&C and that the Mayor and Clerk be authorized to execute said
Agreement.
99
BY-LAW NO. X
DEVELOP SAINT JOHN INC.IDtVELOPPER SAINT JOHN INC.
(the ' Corporation" )
A BY-LAW AUTHORIZING AN APPLICATION FOR THE SURRENDER OF ITS CHARTER.
WHEREAS it is deemed desirable that the Corporation surrender its charter.
AND WHEREAS the Corporation has parted with its property and has no assets, debts or liabilities
NOW THEREFORE BE IT ENACTED and it is hereby enacted as a By -Law of the Corporation
as follows:
i . That an appiication to the Director under the Companies Act of the Province of New
Brunswick be made and the same is hereby authorized for acceptance of the surrender of
the charter of the corporation and for the issuance of a Certificate of Dissolution.
2. That any one of the proper officers or directors of the Corporation, be and they are hereby
authorized to make the application to the Director under the Companies Act of the
Province of New Brunswick and that they be further authorized to sign and execute all
other documents and do all other acts and things necessary and desirable for carrying this
by-law into effect.
ENACTED by the directors of the Corporation on the day of December, 2020
Peter Aiiaby
Stephen Copp
Gerry Lowe
Francis Power
John Coiiin
Don Darling
Leslie Magee
Alanna Waberski
rSecond Signature Page to Immediately Follow]
by law no. x
100
RATIFIED AND CONFIRMED by the sole owner of the capital of the Corporation on the
day December, 2020.
Per:
THE Ci T Y OF SAW T jOHN
Mayor
Per:
Common Clerk
101
Certified to be a true copy of By -Law No. X of the By -Laws of DEVELOP SAINT JOHN
INC.IDMLOPPER SAINT JOHN INC., duly enacted at a meeting of the board of directors of
the Corporation held on the _ day of December, 2020, and unenmiously approved, rated,
sanctioned, and confirmed by the soie owner of the capital of the Corporation on the _ day of
December, 2020, and that the said By -Law is still in force and effect, unamended.
Dated this _ day of December, 2020.
Per:
Peter Allaby, Secretary/Treasurer
102
THIS AGREEMENT made as of the day of December, 2020.
BY AND BETWEEN:
Develop Saint John Incd Dt velopper Saint John Inc., a
body corporate maintaining its registered office at One
Market Square, Suite 301, Saint John, N.B., E21- 4Z6
(hereinafter called the "Corporation")
OF THE FIRST PART
and
The City of Saint John, a body corporate by Royal
Charter, confirmed and amended by Acts of the Legislative
Assembly of the Province of New Brunswick, 8th Floor,
City Hall Building, 15 Market Square, P.O. Box 1971, Saint
John, N.B., E21- 41-1 (hereinafter called the "City")
OF THE SECOND PART
WHEREAS The Market Square Corporation was incorporated pursuant to An Act to
Incorporate the Market Square Corporation, SNB f9W, c. 58 (the `Act");
AND WHEREAS The Market Square Corporation, pursuant to supplementary letters
patent, amended its charter to change its name initially to Saint John Development Corporation,
and then later to Develop Saint John Inc./ Developper Saint John Inc.;
AND WHEREAS a by-law authorizing an application for the surrender of the
Corporation's charter was duly enacted by the Board of Directors of the Corporation effective as
of 12:01 a.m. on the 3111 day of December, 2020;
AND WHEREAS pursuant to section 17 of the Act, the City is the sole owner of the
capital of the Corporation and has approved the dissolution of the Corporation;
AND WHEREAS pursuant to section 15 of the Act, on dissotution or winding up of the
Corporation, any and all assets of the Corporation held by the Corporation at the time of such
winding up or dissolution shall thereupon become vested in the City subject to rights held in
trust for other parties;
AND WHEREAS the City has agreed to assume all of the debts, liabilities and
obligations of the Corporation;
NOW THEREFORE THIS AGREEMENT WITNESSETH that for and in consideration of
the premises, covenants and conditions hereinafter expressed and contained, the parties do
hereby mutually covenant and agree with each other as follows:
1. The Corporation does hereby grant, bargain, seta, assign, convey, transfer and set over
unto the City, its successors and assigns as, of 12:01 a.m. on the 315t day of December,
2020 (the "Dissolution Time") all of the property and assets of the Corporation whether
103
-2-
real or personal and of every nature and fend whatsoever Ohe Troperty"), mfudM,
without limiting the generality of the foregoing, the following:
(a) all real property owned by the Corporation, together with the buildings,
structures, improvements and appurtenances situated thereon;
(b) ati fiery, equipment, supplies, parts, accessories, fixtures, furniture,
furnishings and other tangible personal property owned by the Corporation
(except for any property referred to in any of the other subsections of this
paragraph 1);
(c) all trucks, cars and other vehicles owned by the Corporation;
(d) all inventories of the Corporation, including, without limitation, raw materials,
work -in -progress, finished goods and replacement parts;
(e) all stationery, forms and office supplies owned by the Corporation;
(f) all accounts receivable, trade accounts, notes receivable, book debts and other
debts due or accruing due to the Corporation and the benefit of securities for
such accounts, notes and debts;
(g) the benefit of prepaid expenses of the Corporation;
(h) all cash on hand or in bank accounts (including cheques held for deposit) of the
Corporation;
(i} the benefit of unfilled orders received by the Corporation and the benefit of
contracts, agreement, leases, commitments and covenants (including non -
competition and other restrictive covenants), whether written or oral, and
licences, permits and authorizations to which the Corporation is entitled;
{j} any trade or brand names, trademarks, trademark registrations and applications,
service marks, service mark registrations and applications, copyrights, copyright
registrations and applications, patents, patent applications and other patent rights
(including any patents issued on such applications or rights), trade secrets,
proprietary manufacturing information and know-how, inventions, inventors'
notes, drawings and designs, licences, franchises, formulae, processes,
technology and other intellectual property owned by the Corporation;
(k) all files, documents and records owned by the Corporation, including, without
limitation, customer lists, sales records, price lists and catalogues, sales
literature, advertising material, manufacturing data, production records, employee
manuals, supply records and correspondence files; and
(1) all choses in action of the Corporation (except for property referred to in any of
the other subsections of this paragraph 1) including the right to maintain or
commence any action in the name of the Corporation.
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EcIE
To have and to hold the Property and all right, title and interest of the Corporation therein ae'A
thereto unto and to the use of the City and its successors and assigns forever, subject to rights
held in trust for other parties pursuant to section 15 of the Act.
2. This agreement shall operate as an actual conveyance, transfer and assignment of the
Property as of the Dissolution Time. The Corporation shall at the request of the City
sign, execute and deliver all documents, transfers, assignments, matters and things
which are convenient and necessary or which counsel for the City may advise for more
completely and effectually conveying, assigning and transferring to or vesting the
property and assets of the Corporation in the City and all the right, title and interest of
the Corporation therein.
3. Effective upon the issuance of a certificate of dissolution to the Corporation, the
Corporation on behalf of itself and its successors hereby appoints either of the City
Manager or the City's General Counsel as the attorney of the Corporation to do, sign
and execute all acts, deeds, assurances and other instruments which in the discretion of
the said attorney may be necessary or desirable for the purpose of vesting in the City, its
successors or assigns, the Property hereby transferred or intended to be transferred by
the Corporation to the City. Such power or attorney, being coupled with an interest, shall
not be revoked by the dissolution, surrender of charter, winding up, bankruptcy or
insolvency of the Corporation and may be exercised in the name and on behalf of the
successors and assigns of the City.
4. (a) Effective at the Dissolution Time, the City does hereby assume all debts, liabilities
and obligations of the Corporation (whether accrued, contingent or otherwise), and does
hereby undertake to pay, satisfy and discharge all such debts, liabilities and obligations.
The City agrees to indemnify and save harmless the Corporation, its officers and
directors from all actions, suits, costs, losses, damages and expenses in respect of any
non-payment, non -satisfaction or non -discharge of such debts, liabilities and obligations.
The City further agrees to indemnify and hold harmless the directors, past directors,
officers, and past officers of the Corporation from any and all debts, liabilities, losses,
costs and expenses of whatever nature that may be incurred by such person arising out
of his having been a director or officer of the Corporation including, without limitation,
any and all debts, liabilities, losses, costs and expenses arising out of, or as a
consequence of, the windup and dissolution of the Corporation and the transfer of the
assets of the Corporation to the City.
(b) The City acknowledges that the directors, past directors, officers, and past officers of
the Corporation for which indemnification has been provided, may enforce the
performance of such indemnification as third party beneficiaries pursuant to the Law
Reform Act (New Brunswick).
5. This agreement shall be governed in accordance with the laws of the Province of New
Brunswick.
6. This agreement and everything herein contained shall enure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns.
WITNESS the respective corporate seals of the Corporation and City drily attested to by
their respective officers duly authorized in that behalf as of the date first written above.
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DEVELOP SAINT JOHN INC.
/DtVELOPPER SAINT JOHN INC.
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
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