PIERRE LEROUX Mayor/Maire

Transcription

1 TOWNSHIP OF RUSSELL REGULAR COUNCIL MEETING AGENDA CANTON DE RUSSELL SÉANCE ORDINAIRE DU CONSEIL ORDRE DU JOUR January 12, 2015 immediately following the Committee of the Whole scheduled for 5:00 p.m. Gaston R. Patenaude Hall 717 Notre-Dame Street Embrun, ON Le 12 janvier 2015 immédiatement après la réunion du comité plénier prévue pour 17 h Salle Gaston R. Patenaude 717, rue Notre-Dame Embrun ON PIERRE LEROUX Mayor/Maire ANDRÉ BRISSON Councillor/Conseiller JAMIE LAURIN Councillor/Conseiller AMANDA SIMARD Councillor/Conseillère VACANT Councillor/Conseiller

2 Regular Council Meeting following a CofW January 12, 2015 Page 2 of 42

3 Township of Russell Regular Council Meeting Séance ordinaire du conseil municipal du canton de Russell AGENDA / ORDRE DU JOUR January 12, 2015 immediately following the Committee of the Whole scheduled for 5:00 p.m. Le 12 janvier 2015 immédiatement après la réunion du comité plénier prévue pour 17 h 1. CALL TO ORDER RAPPEL À L'ORDRE Be it resolved that we open this regular meeting of council. Qu il soit résolu que nous ouvrions cette réunion ordinaire du conseil. 2. PLAYING OF THE NATIONAL ANTHEM JOUER L HYMNE NATIONAL DU CANADA 3. PRAYER PRIÈRE 4. ADOPTION OF THE AGENDA ADOPTION DE L'ORDRE DU JOUR Be it resolved that we approve the agenda as presented. Qu il soit résolu que nous approuvions l ordre du jour tel que présenté. 5. DISCLOSURE OF PECUNIARY INTEREST DÉCLARATION D'INTÉRÊT PÉCUNIAIRE 6. CONSENT ITEMS ARTICLES DE CONSENTEMENT PAGE NO. All items listed under the Consent Items will be enacted by one motion. A majority vote is required for consent items. There will be no separate discussion of these items unless a request is made prior to the time Council votes on the motion that a consent item be separated from the motion. The separated item(s) shall be considered immediately thereafter. A request to remove an item from the consent items can only be made by a member who attended the Committee of the Whole meeting preceding the Regular Council meeting of the day. All items listed under the Consent Items will be enacted by one motion. A majority vote is required for consent items. There will be no separate discussion of these items unless a request is made prior to the time Council Regular Council Meeting following a CofW January 12, 2015 Page 3 of 42

4 votes on the motion that a consent item be separated from the motion. The separated item(s) shall be considered immediately thereafter. A request to remove an item from the consent items can only be made by a member who attended the Committee of the Whole meeting preceding the Regular Council meeting of the day. Be it resolved that we approve consent items 6(a) to 6(b). Qu'il soit résolu que nous approuvions les articles de consentement 6(a) a 6(b). a. Finance - Dedicated Gas Tax Funding Agreement with the Ministry of Transportation (Report FS CofW Jan 12, 2015) Finance - Entente de financement pour le fonds dédié à la taxe sur l'essence avec le ministère des Transports (Rapport FS CP 12 jan 2015) 11 Be it resolved that the following by-law be introduced and is deemed to have been read a first, second and third time and passed: By-law being a by-law to authorize the signature of the Agreement between the Corporation of the Township of Russell and the Ministry of Transportation related to funding provided under the Dedicated Gas Tax Funds for Public Transportation Program. (Report FS ). Qu il soit résolu que le règlement suivant soit déposé et réputé lu en première, deuxième et troisième lectures et adopté: Règlement qui autorise la signature d un accord conclu entre la municipalité de Russell et le ministère des Transports au sujet du financement en vertu du programme ontarien de financement par la taxe sur l essence. (Rapport FS ). b. Finance - Indexation of the Development Charges Rates (Report FS CofW Jan 12, 2015) Finance - Indexation des taux pour les frais de développement (Rapport FS CP 12 jan 2015) Be it resolved that the following by-law be introduced and is deemed to have been read a first, second and third time and passed: Regular Council Meeting following a CofW January 12, 2015 Page 4 of 42

5 By-law amending schedules to By-law to reflect a correction to the rate for a 1.9% increase to the DC charges for both residential and non-residential categories as of January 1st, (Report FS ) Qu il soit résolu que le règlement suivant soit déposé et réputé lu en première, deuxième et troisième lectures et adopté: Règlement pour amender les cédules du règlement pour refléter la correction de l indexation de 1.9% des taux de frais de développement au 1er janvier 2015 pour les catégories résidentielles et non-résidentielles. (Rapport FS ). 7. PUBLIC MEETINGS/HEARINGS CONSULTATIONS PUBLIQUES/AUDIENCES 8. REPORTS FROM DEPARTMENTS AND COMMITTEES RAPPORTS DES DIRECTEURS DE SERVICES ET DES COMITÉS 9. COUNCIL MEMBERS' ITEMS ARTICLES DES MEMBRES DU CONSEIL 10. QUESTIONS ON THE MEETING OF THE DAY QUESTIONS DU PUBLIC RELATIVES À LA RÉUNION DU JOUR 11. COMMUNICATIONS COMMUNICATIONS 12. NOTICE OF MOTIONS AVIS DE MOTIONS 13. RESOLUTIONS AND BY-LAWS RÉSOLUTIONS ET RÈGLEMENTS a. Resolution - Limoges Biological Mosquito Control Committee Résolution - Comité de contrôle biologique sur les moustiques de Limoges Whereas the Nation municipality has agreed to send their residents a survey in regards to mosquito protection in order to verify if their residents are willing Regular Council Meeting following a CofW January 12, 2015 Page 5 of 42

6 to financially support the cost of a Pilot Project for the 2015 season; And Whereas the proponents of this project need the support of all residents in Limoges (including The Nation and The Township of Russell) in order to proceed with the project; And Whereas in order to proceed with a Local Improvement fee structure, all affected residents must complete a survey sent out by the municipality for which they live in; And Whereas it takes a 2/3 vote to proceed with a Local Improvement Project; Be it therefore resolved that Council for the Township of Russell agree to print off, mail out and compile the results of the survey and to share the results with the proponents of this project. Be it further resolved that Administration work with the proponents of the project to set up the local improvement should they achieve their 2/3 vote required to proceed with the pilot project (with an estimated cost of 245k-300k.) À suivre. b. By-law Sale of Industrial Land to Hamed Demyati Règlement Vente de terrain industriel à Hamed Demyati Be it resolved that the following By-law be introduced and is deemed to have been read a first, second and third time and passed: By-law 2015-, being a by-law to authorize the sale of industrial land to Hamed Demyati and furthermore, authorizes the Mayor and the Clerk to execute all documents necessary to finalize this transaction. Qu il soit résolu que le règlement suivant soit déposé et réputé lu en première, deuxième et troisième lectures et adopté : Règlement étant un règlement pour autoriser la vente d une parcelle de terrain dans le parc industriel à Hamed Demyati et ainsi d autoriser le maire et la greffière à exécuter tous les documents nécessaires Regular Council Meeting following a CofW January 12, 2015 Page 6 of 42

7 pour conclure la transaction. c. By-law Amendment to the 2015 Budget Calendar Meetings Règlement Modification au Calendrier des réunions du budget Be it resolved that the following by-law be introduced and is deemed to have been read a first, second and third time and passed: By-law 2015-, being a by-law to amend Schedule C (Preparation of the 2015 Budget) of By-law Qu il soit résolu que le règlement suivant soit déposé et réputé lu en première, deuxième et troisième lectures et adopté: Règlement relatif à la modification de l annexe «C» (préparation du budget 2015) du règlement d. By-law Committee Appointments (Report CL CofW Jan 12, 2015) Règlement Nomination à des comités (Rapport CL CP 12 jan 2015) Be it resolved that the following by-law be introduced and is deemed to have been read a first, second and third time and passed: By-law 2015-, being a by-law to appoint persons and representatives on various committees and functions (Report CL ). Be it further resolved that the Mayor seeks additional recommendations from Council members and staff to fill the vacant positions on other committees. Qu il soit résolu que le règlement suivant soit déposé et réputé lu en première, deuxième et troisième lectures et adopté: Règlement relatif à la nomination de personnes et de représentants au sein de divers comités et fonctions. (Rapport CL ) Qu il soit de plus résolu que le maire sollicite des recommandations additionnelles des membres du conseil et du personnel afin de remplir les postes Regular Council Meeting following a CofW January 12, 2015 Page 7 of 42

8 vacants sur les autres comités. e. By-law Public Library Board Appointments (Report CL CofW Jan 12, 2015) Règlement - Nominations au sein du conseil d administration de la bibliothèque publique (Rapport CL CP 12 jan, 2015) 41 Be it resolved that the following by-law be introduced and is deemed to have been read a first, second and third time and passed: By-law 2015-, being a by-law to appoint members of the Township of Russell Public Library Board (Report CL ). Qu il soit résolu que le règlement suivant soit déposé et réputé lu en première, deuxième et troisième lectures et adopté: Règlement relatif à la nomination de membres au sein du conseil d administration de la bibliothèque publique du canton de Russell. (Rapport CL ) f. Resolution or By-law Vacant Seat on Municipal Council (Report CL Reg C Dec ) Résolution ou Règlement Siège vacant au sein du conseil municipal (Rapport CL séance ordinaire 16 déc 2014) 14. CLOSED SESSION SESSION À HUIS CLOS Pursuant to section 239(2) (b), (c) and (e) of the Municipal Act Conformément à l'article 239(2) (b), (c) et (e) de la Loi sur les municipalités Be it resolved that we adjourn this regular meeting and open a closed session pursuant to Section 239(2) (b), (c) and (e) of the Municipal Act to consider matters relating to: i) s. (b) personal matters about an identifiable individual, including municipal employees; ii) s. (c) a proposed or pending acquisition or disposition of land by the municipality - Sale of land in the 417 Industrial Park and 1 other item; iii) s. (e) litigation or potential litigation, including Regular Council Meeting following a CofW January 12, 2015 Page 8 of 42

9 matters before administrative tribunals, affecting the municipality. Qu il soit résolu que, conformément à l article 239(2) (b), (c) et (e) de la Loi sur les municipalités, nous ajournions cette réunion extraordinaire du conseil et que nous ouvrions une séance à huis clos afin de discuter de questions concernant: i) art. (b) des renseignements privés concernant une personne qui peut être identifiée, y compris des employés de la municipalité; ii) art. (c) l acquisition ou la disposition projetée ou en cours d un bien-fonds par la municipalité - Vente de terrain dans le parc industriel 417 et 1 autre sujet; iii) art. (e) les litiges actuels ou éventuels, y compris les questions dont les tribunaux administratifs sont saisis, ayant une incidence sur la municipalité. Be it resolved that we close this closed session and reconvene to the Regular Meeting of Council. Qu il soit résolu que nous clôturions cette séance à huis clos et que nous reprenions la séance ordinaire du conseil. 15. CONFIRMING BY-LAW RÈGLEMENT DE CONFIRMATION CLOSURE CLÔTURE Be it resolved that the following by-law be introduced and is deemed to have been read a first, second and third time and passed: By-law , being a by-law to confirm the proceedings of council for the regular council meeting of January 12, Qu il soit résolu que le règlement suivant soit déposé et réputé lu en première, deuxième et troisième lectures et adopté: Règlement étant un règlement pour confirmer les procédures du conseil lors de sa séance ordinaire du 12 janvier Regular Council Meeting following a CofW January 12, 2015 Page 9 of 42

10 Be it resolved that we close this regular meeting of council. Qu il soit résolu que nous clôturions cette séance ordinaire du conseil. Regular Council Meeting following a CofW January 12, 2015 Page 10 of 42

11 CORPORATION OF THE TOWNSHIP OF RUSSELL By-law # Being a by-law to authorize the execution of a Letter of Agreement between the Corporation of the Township of Russell and the Ministry of Transportation related to funding provided under the Dedicated Gas Tax Funds for Public Transportation Program. WHEREAS the Corporation of the Township of Russell is entitled to enter into an agreement to provide services under a program established and administered by the Province of Ontario pursuant to Section 22 (1) of the Municipal Act, 2001; AND WHEREAS the Council of the Corporation of the Township of Russell deems it advisable to enter into an agreement with Her Majesty the Queen in right of Ontario, as represented by the Minister of Transportation related to funding provided by the Province of Ontario to the Municipality under the Dedicated Gas Tax Funds for Public Transportation Program; NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF RUSSELL ENACT AS FOLLOWS: 1. That Council hereby authorizes the Mayor or Acting Mayor and the Treasurer or Deputy Treasurer to sign a Letter of Agreement between the Corporation of the Township of Russell and Her Majesty the Queen in right of Ontario, as represented by the Minister of Transportation, pursuant to the terms and conditions set out in the agreement. 2. That this by-law shall come into force and effect on the day of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 12 TH DAY OF JANUARY, Mayor or Acting Mayor Clerk or Acting Clerk Dedicated Gas Tax Funds for Public Transportation Program Page 11 of 42

12 CORPORATION OF THE TOWNSHIP OF RUSSELL By-law # Being a by-law to amend Schedule C1 and C2 for Development Charges of the User fee By-law WHEREAS the Council of the Corporation of the Township of Russell did enact By-law No to establish user fees and charges to be collected by the Corporation of the Township of Russell; AND WHEREAS the Council approved the amending by-law to reflect the inflation increase of 1.90% as presented in report FS ; AND WHEREAS the Council of the Corporation of the Township of Russell deems it advisable to replace Schedule C1 and C2 of by-law to correct the indexing rate increase as presented in report FS ; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF RUSSELL ENACTS AS FOLLOWS: 1. That Schedule C1 and C2 for Development Charges of the user fee By-law is hereby repealed in its entirety and substituted with the attached Schedule C1 and C2 and will be enacted as of January 01, That By-law is hereby confirmed in all other respects. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 12 TH DAY OF JANUARY, Mayor or Acting Mayor Clerk or Acting Clerk By-law to Amend User Fees BL Schedule C1 and C2 (Dev Charges) Page 12 of 42

13 CORPORATION OF THE TOWNSHIP OF RUSSELL SCHEDULE C DC INDEXATION TO BY-LAW 2015-?? FEES AND CHARGES UNDER THE DEVELOPMENT CHARGES ACT DEVELOPMENT CHARGES Service Singles & Semis 2014 Fees Last date revised Amended 2015 Fees By-law no * Indexation % = Residential charge by Unit Type Residential charge by Unit Type Apartments - 2 Bedroms + Appartment - Bachelor and 1 Bedroom Units Other Multiples Singles & Semis Apartments - 2 Bedroms + Appartment - Bachelor and 1 Bedroom Units 1.90% Other Multiples Implementation Date Administration $194 $122 $74 $127 01/20/2014 $198 $124 $75 $129 01/01/2015 Library Services $615 $387 $234 $402 01/20/2014 $627 $394 $238 $410 01/01/2015 Fire Services $802 $505 $305 $525 01/20/2014 $817 $515 $311 $535 01/01/2015 By-Law Enforcement $18 $11 $7 $12 01/20/2014 $18 $11 $7 $12 01/01/2015 Parks and Recreation $2,850 $1,793 $1,083 $1,864 01/20/2014 $2,904 $1,827 $1,104 $1,899 01/01/2015 Police Services $16 $10 $6 $10 01/20/2014 $16 $10 $6 $10 01/01/2015 Roads and Related $728 $458 $277 $476 01/20/2014 $742 $467 $282 $485 01/01/2015 Sub-Total - Township Wide Services $5,223 $3,286 $1,986 $3,416 $5,322 $3,348 $2,023 $3,480 Water Services $7,762 $4,884 $2,950 $5,078 01/20/2014 $7,909 $4,977 $3,006 $5,174 01/01/2015 Sewer Services $5,690 $3,581 $2,163 $3,722 01/20/2014 $5,798 $3,649 $2,204 $3,793 01/01/2015 Total $18,674 $11,751 $7,099 $12,216 $19,029 $11,974 $7,233 $12,447 Note: The sewer and water charges are not levied in Limoges. Note: Charges subject to index provisions of the by-law. Verif 19,029 11,974 7,233 12,447 * Modification as per Section 10.1 of by-law Page 13 of 42 C1 Dev Ch Res (2015 indexed) 1 of 1

14 CORPORATION OF THE TOWNSHIP OF RUSSELL SCHEDULE C DC INDEXATION TO BY-LAW 2015-?? FEES AND CHARGES UNDER THE DEVELOPMENT CHARGES ACT DEVELOPMENT CHARGES Last revised Last revised date Amended 2015 Fees Implementation Date Indexation percentage * By-law % Service Non-Residential charge Per ft 2 of Gross Floor Area Non-Residential charge Per ft 2 of Gross Floor Area Administration $ /20/2014 $0.10 Public Library $ /20/2014 $ /01/2015 Fire Services $ /20/2014 $ /01/2015 By-Law Enforcement $ /20/2014 $ /01/2015 Parks and Recreation $ /20/2014 $ /01/2015 Police Services $ /20/2014 $ /01/2015 Roads and Related $ /20/2014 $ /01/2015 Sub-Total - Township Wide Services $1.09 $1.11 Water Services $ /20/2014 $ /01/2015 Sewer Services $ /20/2014 $ /01/2015 Total $9.81 $10.00 Note: The sewer and water charges are not levied in Limoges. Note: Charges subject to index provisions of the by-law. Verif $10.00 * As per Section 10.1 of by-law: Page 14 of 42 C2 Dev Ch N-Res (2015 Indexed) 1 of 1

15 THE CORPORATION OF THE TOWNSHIP OF RUSSELL BY-LAW NO Being a by-law to dispose of real property and authorize the sale of municipal land WHEREAS Council of the Corporation of the Township of Russell is desirous of selling certain lands in the Township of Russell industrial park. AND WHERAS Sections 9 and 11 of the Municipal Act, 2001, S.O Chapter 25 and amendments thereto provides that every municipal corporation may pass by-laws with respect to economic development which includes the selling of municipal land for the purpose of carrying on of industries and commercial operations within a municipal industrial park; AND WHEREAS Section 270 of the Municipal Act, 2001 provides that a Municipality shall adopt and maintain policies with respect to the sale and other disposition of land; AND WHEREAS By-law of the Township of Russell is a by-law which adopts a policy with respect to the sale and other disposition of land; AND WHEREAS By-law exempts land to be used for the establishment and carrying on of industries and industrial operations; AND WHEREAS the lands which are the subject of this by-law are to be used for the establishment and carrying on of industries and industrial operations and are thus exempt from the provisions of By-law NOW THEREFORE THE COUNCIL FOR THE CORPORATION OF THE TOWNSHIP OF RUSSELL HEREBY ENACTS AS FOLLOWS: 1. That the Corporation of the Township of Russell hereby agrees to sell to Hamed Demyati lands described as Part of Lots 21 and 22, Concession 5, representing 1.7 acres of land (more or less) as more particularly described in the Agreement of Purchase and Sale attached as Schedule "A" hereto and forming part of this By-law; 2. That the Mayor and the Clerk of the Corporation of the Township of Russell be and are hereby authorized to execute the said Agreement of Purchase and Sale and Option to Repurchase Agreement together with such necessary amendments as may be reasonably required and all deeds and documents as legal counsel deems it advisable for the sale of the aforesaid property referred in section 1 above. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 12 TH DAY OF JANUARY, Mayor or Acting Mayor Clerk or Acting Clerk Sale of Industrial Land to Hamed Demyati in the 417 Industrial Park Page 15 of 42

16 2 SCHEDULE A to By-law AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT made this 15 th day of December, BETWEEN: Hamed Demyati Hereinafter called the Purchaser - and - OF THE FIRST PART THE CORPORATION OF THE TOWNSHIP OF RUSSELL Hereinafter called the Vendor OF THE SECOND PART 1. IN CONSIDERATION of the payment by the Purchaser to the Vendor s solicitor (the receipt whereof is hereby acknowledged) of the sum of EIGHT THOUSAND FIVE HUNDRED DOLLARS ($8,500) (the Deposit ) as a deposit, the Purchaser hereby agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser all and singular those lands and premises legally described as in Schedule A attached hereto, containing an area of approximately 1.7 acres and shown as Parcel A on the sketch attached as Schedule B (hereinafter referred to as the Property ) all on the following terms and conditions. Schedules A, B and C attached hereto shall form part of this Agreement. 2. The purchase price for the Property shall be the sum of FORTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($42,500) of lawful money of Canada plus HST (the Purchase Price ) and the balance of the Purchase Price less the Deposit shall be payable by the Purchaser to the Vendor s solicitor by wire transfer, certified cheque or bank draft on the Closing Date, subject to the usual adjustments. 3. The parties assume that the Property has a total of 1.7 acres and the Purchase Price is based on $25, per acre. The parties agree that prior to the Closing Date, the area of the Property shall be determined by a qualified Ontario Land Surveyor at the expense of the Purchaser, and the Purchase Price shall be adjusted accordingly. 4. This Agreement shall be conditional upon the Vendor providing evidence satisfactory to Purchaser on or before February 27th, 2015 that the Property zoned to permit industrial Page 16 of 42

17 3 use failing which the Purchaser may terminate this Agreement and the Deposit, shall be returned to the Purchaser in full without deduction. This condition is included for the sole benefit of the Purchaser and may be waived at the Purchaser s option by notice in writing to the Vendor, at any time. 5. This transaction of purchase and sale shall be completed on a date (the Closing Date ), that is: 1. thirty (30) days following the date upon which the Purchaser has waived all its conditions set forth in Sections 4, and 15 of this Agreement; or 2. such other date as may be agreed in writing between the parties. 7. Unless otherwise provided herein, vacant possession of the Property shall be given to the Purchaser on the Closing Date, provided that the Purchaser has paid the balance of the Purchase Price and has otherwise complied with all terms and conditions of this Agreement. 8. The Purchaser is to be allowed until February 27th, 2015 to examine the title at its own expense, and if within that time any valid objection to the title is made in writing which the Vendor will be unwilling or unable to remove, remedy or satisfy, and which the Purchaser will not waive, this Agreement shall be null and void, notwithstanding any intermediate acts or negotiations in respect of such objection, and the Vendor shall not be liable for any costs or damages resulting therefrom and the Deposit, shall be returned to the Purchaser in full without deduction. 9. The Purchaser acknowledges and agrees that any and all HST payable with respect to the purchase of the Property shall be the sole responsibility of the Purchaser, shall be in addition to the Purchase Price and shall be collected by the Vendor on the Closing Date. In the event that the Purchaser is a registrant under the Excise Tax Act, the Purchaser hereby agrees to indemnify the Vendor with respect to payment of the HST, to provide the Vendor, prior to the Closing Date, with a valid registration number and to execute and provide to the Vendor on the Closing Date a declaration and indemnity in a form acceptable to the Vendor s solicitors, acting reasonably. 10. The parties hereto agree that the Transfer/Deed of Land will be prepared by the solicitor for the Vendor at the expense of the Vendor. The Purchaser agrees to notify the Vendor s solicitor within 20 days after the date of acceptance hereof or 20 days prior to the Closing Date, whichever is earlier, as to the manner in which the Purchaser will be taking title. If the Purchaser fails to give such notification, the Vendor s solicitor shall be entitled to draw the Transfer/Deed of Land to the Purchaser as described in the recital on page 1 hereof and if there be more than one Purchaser, the Transfer/Deed of Land will show them as Joint Tenants. Page 17 of 42

18 4 11. The Purchaser shall be responsible for the cost of preparation and registration of a reference plan to describe the Property to be purchased herein. The draft reference plan will be presented to the Vendor before registration. The Vendor covenants and agrees to review and provide its comments in respect thereto within ten (10) business days of receipt of the draft reference plan. 12. The Vendor shall, at its expense, undertake to discharge all encumbrances to ensure that the Purchaser receives a clear title to the Property on the closing date. 13. The Vendor agrees that it shall undertake to take all necessary steps to ensure that all required approvals are obtained to allow the Vendor to convey the Property to the Purchaser and give effect to the transactions contemplated herein and shall provide the Purchaser on closing with a certified copy of the by-law of council of the Vendor corporation or such other evidence as acceptable to the Purchaser s solicitor, acting reasonably, evidencing approval and authority to convey the Property to the Purchaser. 14. The Purchaser acknowledges that the development of the Property will be subject to Site Plan Control. Within twelve (12) months of the Closing Date, the Purchaser agrees to deliver to the Vendor, an executed Site Plan Agreement containing such terms and conditions as shall be required by the Vendor, acting reasonably (the Site Plan Agreement ). It is agreed by the Purchaser that the following special conditions shall form part of the Site Plan Agreement: a. The Purchaser will not object to and will pay its share of the future cost of water and sanitary services in the new municipal road, if and when constructed by the Vendor or such other authorized party; b. The Purchaser will commence constructing the facility associated with an industrial warehouse and business facility (minimum size of 7,500 square feet) within twentyfour (24) months of Closing Date. 15. The Vendor makes no representation or warranties whatsoever regarding the fitness of the Property for any particular use, or regarding the presence or absence on the Property, or any surrounding or neighboring lands of, or the leakage or emission from or onto the Property, any toxic, hazardous, dangerous, or potentially dangerous, substance or condition. The Vendor disclaims any responsibility for soil conditions, subsurface contents, contours and site conditions generally. The Property shall be sold on an as is basis. 16. This Offer is conditional upon the inspection of the Property to the satisfaction of the Purchaser at the Purchaser s own expense and discretion. Unless the Purchaser gives notice in writing delivered to the Vendor on or before February 27th, 2015, that this condition is fulfilled, this Offer shall be null and void and the Deposit, shall be returned Page 18 of 42

19 5 to the Purchaser in full without deduction. The Purchaser shall be entitled, during the conditional period, to enter upon the Property for the purpose of making soil, water, environmental or other tests, measurements or surveys in, on or below the surface of the Property and for preparing such plans of development or survey as the Purchaser shall require and the Purchaser shall not be deemed to have taken possession of the Property, provided that if the Purchaser elects to exercise its option to terminate it shall restore the Property to the condition in which it existed prior to the commencement of such tests. 17. On the Closing Date, the Vendor will convey the Property to the Purchaser by a good and sufficient deed thereof in fee simple, free and clear of all encumbrances except for: (a) any registered restrictions or covenants that run with the land (providing that they have been complied with); (b) any registered agreements with a municipality or a supplier of utility service including, without limitation, electricity, water, sewage, gas, telephone or cable television or other telecommunication service (providing that they have been complied with, or that security has been posted to ensure compliance and completion as evidence by letter from the relevant municipality or utility supplier); (c) any minor easements for the supply of utility service to the Property or to adjacent properties; (d) the Option to Repurchase Agreement (as such term is defined below). If within the time allowed for examining the title any valid objection to title or to any outstanding work order, or to the fact the said present use may not lawfully be continued is made in writing to the Vendor and which the Vendor is unable or unwilling to remove, remedy or satisfy and which the Purchaser will not waive, this Agreement, notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies therefore paid shall be returned without interest or deduction and the Vendor shall not be liable for any costs or damages. Save as to any valid objection so made by such delay and except for any objection going to the root of the title, the Purchaser shall be conclusively deemed to have accepted Vendor s title to the Property. 18. Purchaser shall not call for the production of any title deed, abstract, survey or other evidence of title to the Property except such as are in the possession or control of the Vendor. Vendor agrees that, if requested by the Purchaser, he will deliver any sketch or survey of the Property in his possession or within his control to the Purchaser as soon as possible and prior to the last day allowed for examining title. If a discharge of any Charge/Mortgage held by a corporation incorporated pursuant to the Trust And Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire, Insurance Company or any similar entity and which is not to be assumed by Purchaser on completion, is not available in registrable from on completion, Purchaser agrees to accept Vendor s solicitor s personal undertaking to obtain, out of the closing funds, a discharge in registrable form and to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor Page 19 of 42

20 6 directing payment to the mortgagee of the amount required to obtain the discharge out of the balance due on completion. 19. On Closing Date the Purchaser and the Vendor covenant and agree to enter into an option to repurchase and re-convey agreement in the form attached hereto as Schedule C (the Option/Undertaking to Repurchase Agreement ). 20. Notice of the Option/Undertaking to Repurchase Agreement shall be registered first on title immediately after registration of the Transfer. The Purchaser hereby agrees that such registered notices shall not be postponed to the interests of any mortgagee or other encumbrance holder of the Property. The Option/Undertaking to Repurchase Agreement shall be removed from title in accordance with the terms and conditions Option/Undertaking to Repurchase Agreement. 21. If, prior to the Closing Date, the Purchaser fails to comply with the material terms of this Agreement the Vendor, at its option, may terminate the Agreement, or require specific performance of the terms herein or avail itself of any other remedies that it may have either at law or in equity. In the event of termination in accordance herewith, the Vendor shall be entitled to the Deposit together with all interest earned thereon, which shall be non refundable to the Purchaser. The parties agree that the Vendor shall be entitled to the Deposit together with all interest earned thereon as liquidated damages as a genuine preestimate of damages, in full and final settlement of all claims against the Purchaser. 22. The Purchaser shall not assign this Agreement, except to an affiliate of the Purchaser, unless such assignment is specifically authorized by the Vendor. The Purchaser shall not direct the Vendor to engross the Transfer/Deed of land or any other closing documents in favor of any person or corporation other than the Purchaser, except to an affiliate of the Purchaser, unless such direction is specifically authorized by the Vendor. For the purposes of this agreement, the term affiliate shall have the meaning given to it in section 1(4) of the Business Corporations Act (Ontario)). 23. Provided the solicitors for each of the Vendor and the Purchaser are able to complete transactions using electronic registration, the parties agree to complete this transaction using electronic registration, to adopt the LSUC-OBA Document Registration Agreement in use on the date of acceptance of this Agreement, and to abide by, and instruct their solicitors to abide by, the closing procedures set forth therein for electronic registration. 24. Provided that this Agreement shall be effective to create an interest in the property only if the subdivision control provisions of the Planning Act are complied with the Vendor on or before completion and the Vendor hereby covenants to proceed diligently at his expense to obtain any necessary consent on or before completion. Page 20 of 42

21 7 25. Time shall be of the essence of this Agreement, which shall enure to the benefit of and shall be binding upon the parties hereto, and their respective heirs, executors, administrators, successors and assigns, as the case may be. 26. Except as provided herein the Vendor represents and warrants that there are no agreements of any kind whatsoever made between the Vendor or its predecessors entitle and any abutting landowners that may withhold or delay, or cause to withhold or delay the development of the Property directly or indirectly. 27. In the event that the date established by or in accordance with this Agreement or any date of termination of a period of time set forth or referred to in this Agreement shall fall upon a non-business day or a Saturday then such date shall be deemed to be the next following business day which is not a Saturday. 28. Any tender of documents or money hereunder may be upon the Vendor or the Purchaser or their respective solicitors on the day for completion of this Agreement. Money may be tendered by wire transfer, bank draft or cheque certified by a chartered bank, trust company or Province of Ontario Savings Office. 29. The provisions of this Agreement shall not merge on the Closing Date of this transaction, nor shall the delivery of transfers or deeds be deemed to satisfy any covenants, agreements, terms or conditions contained in this Agreement. 30. This offer, when accepted, shall constitute a binding contract of Purchase and Sale and time shall, in all respect be of the essence hereof. 31. Any notice permitted or required to be given hereby shall be in writing and hand delivered or faxed it: a. to the Vendor at: 717 Notre-Dame St, Embrun (ON) K0A 1W1 Attention: Municipal Clerk b. to the Purchaser at: 4124 Wolfepoint Way Gloucester, Ontario K1V 1P4 Page 21 of 42

22 8 and shall be deemed to have been effectively given by hand delivery on the date of such delivery or by fax on the date of transmission; provided that such delivery may be made upon the designated solicitor for the party to whom delivery is to be made. 32. The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms hereof. This offer shall be irrevocable by the Purchaser until 4:00 p.m. on the 15 th day of January 2015, after which time, if not accepted, this offer shall be null and void and the Deposit shall be returned to the Purchaser forthwith. IN WITNESS WHEREOF the Purchaser has executed this Agreement this15th day of December, ) Hamed Demyati ) ) ) Per: Hamed Demyati ) ) I have authority to bind the Corporation Page 22 of 42

23 IN WITNESS WHEREOF the Vendor has executed this Agreement this day of _ THE CORPORATION OF THE TOWNSHIP OF RUSSELL ) ) ) Per: Clerk, ) Per: Mayor, We have the authority to bind the Corporation Page 23 of 42

24 SCHEDULE A DESCRIPTION OF PROPERTY Being a part Lot of Part lots 21 and 22 of the Township of Russell, said lands having a frontage of 88 meters along Corduroy road in the Townships of Russell and a depth of 79 meters and having an area of approximately 1.7 acres, as more particularly detailed in the sketch attached as Schedule B attached with the exact location to be mutually agreed upon by the Vendor and Purchaser. Page 24 of 42

25 SCHEDULE B SKETCH OF PROPERTY Page 25 of 42

26 SCHEDULE C OPTION/UNDERTAKING TO REPURCHASE AGREEMENT THIS AGREEMENT made this day of, BETWEEN: Hereinafter called the OPTIONOR of the FIRST PART -and- THE CORPORATION OF THE TOWNSHIP OF RUSSELL Hereinafter called the OPTIONEE of the SECOND PART WITNESSETH that in consideration of the sum of Two Dollars ($2.00) now paid by the Optionee to the Optionor, and the sum of One Dollar ($1.00) now paid by the Optionor to the Optionee and other good and valid consideration including the obligations of the Optionor and the Optionee as set out in the Agreement of Purchase and Sale dated, 2014 (hereinafter the Agreement of Purchase and Sale ), the receipt and sufficiency of which is hereby irrevocably acknowledged, the Optionor hereby gives the Optionee an Option irrevocable within the time limited for acceptance to purchase, free from encumbrances save as provided herein, all the lands and premises as described in Schedule A (the Property ), and the Optionee hereby undertakes to purchase the Property, free from encumbrances save as provided herein, on the following terms and conditions: 1. The parties acknowledge and agree that the Optionee has sold the Property to the Optionor in accordance with the proposed development described as an industrial warehouse and business facility (approximate minimum size of 7,500 square feet) to be constructed on the Property (the Project ). 2. The Optionor covenants with the Optionee that for a period of four (4) years after the date of this Agreement (the Term ), the Optionor will not convey, sell, or otherwise dispose or agree to sell, convey, or otherwise dispose the Property or any part or parts thereof, except in those cases where: (a) (b) the Optionor has built a building on the Property in accordance with the Project and then sells that building to a subsequent buyer; or the sale, conveyance, or other disposition of the Property is intended to be made to an affiliated entity of the Purchaser, and in such a case, the Optionor shall notify the Optionee in writing of its intention to sell, convey or otherwise dispose of the Property (the Notice to Sale of Industrial Land to Hamed Demyati in the 417 Industrial Park Page 26 of 42

27 Sell ) For the purposes of this agreement, the term affiliate shall have the meaning given to it in section 1(4) of the Business Corporations Act (Ontario)).; (c) the Optionor has the prior written consent of the Optionee (an Approval to Convey ). The Optionor may make an application to the Optionee for an Approval to Convey in writing. Upon the receipt of such written application, the Optionee shall have the sole right and option, to either (i) approve such conveyance, sale or other disposal of the Property or (ii) repurchase the Property, free and clear of encumbrances in accordance with the provisions hereof. 3. For the purposes of this Agreement, commenced construction shall mean that the installation of foundations for the building(s) forming a part of the development at the Property has been bona fide commenced, and a building shall be considered completed when an occupancy permit has been issued by the municipality. 4. In the event that the Optionor has not commenced construction in accordance with the Project for the Property within twenty-four (24) months of the date of executing this Agreement, and completed the Project within twelve (12) months from the commencement of construction of the Project (the End Date ), the Optionee shall have the sole right and option, to be exercised in its sole and unfettered discretion, upon written notice to require the Optionor to reconvey the Property, free and clear of encumbrances in accordance with the provisions hereof. The Optionee s right to purchase shall not apply in a situation of an unavoidable delay by the Optionor. The Optionee agrees that the option to purchase as herein provided shall become null and void upon commencement and completion of construction as aforesaid including the commencement of construction and completion subsequent to the period set out in this paragraph 4 should the commencement and completion of construction have occurred prior to the exercise of the option to purchase. 5. The purchase price of the Property payable by the Optionee to the Optionor for the repurchase of the Property shall be equal to THIRTY EIGHT THOUSAND AND TWO HUNDRED FIFTY DOLLARS ($ $38,250) (being 90% of the Purchase Price defined in the Agreement of Purchase and Sale). Upon payment of the above said value, title to the Property shall vest conclusively and exclusively in the Optionee and the Optionor shall have no further right, title or interest therein, the Optionor shall remove all of its trade fixtures, equipment, inventory and other personal property from the Property, and the Optionor shall make good any damage caused by such removal and such grade restoration. The Optionor shall, at the Optionee s request restore the land Page 13 of 19 Page 27 of 42

28 and premises to substantially the same grade as when the Optionor purchased the Property from the Optionee. 6. The Purchase Price for the repurchase of the Property shall be payable to the Optionor as follows: (a) (b) With the exercise of any right or the performance of any undertaking by the Optionee therein, the Optionee shall pay the sum of two dollars (CDN$2.00) cash or certified cheque payable to the said Optionor; the balance on the closing of the repurchase of the Property which shall be completed twenty-one (21) days after notice is delivered to the Optionor or the Optionee as set out in section 4 or 5, as applicable. 7. Provided the title is good and free from all encumbrances, except local rates and except as provided below; said title to be examined by the Optionee at its own expense, and the Optionee is not to call for the production of any title deeds or abstracts of title, proof or evidence of title, or to have furnished any copies thereof, other than those in the Optionor s possession or under his control. The Optionee shall search the title at its own expense and shall have until fourteen (14) days from the Optionee notice to exercise its option set forth in Section 4 hereof or the Optionor s request set forth in Section 5 hereof, as applicable, to examine it and shall then be deemed to have accepted the title, except as to any written objections made within that time. If any objection be made on or before closing, the Optionor shall have until closing to remove it. 8. Provided that the title to the Property is good and free from all encumbrances except as provided in this Agreement, and except for: (a) (b) any registered restrictions or covenants that run with the land (providing that they have been complied with); any registered agreements with a municipality or a supplier of utility service including, without limitation, electricity, water, sewage, gas, telephone or cable television or other telecommunication service (providing that they have been complied with, or that security has been posted to ensure compliance and completion as evidence by letter from the relevant municipality or utility supplier); Page 14 of 19 Page 28 of 42

29 (c) any minor easements for the supply of utility service to the Property or to adjacent properties; (d) all registered agreements, restrictions, easement, etc (the Existing Title Documents )as they were registered against title to the Property upon the date the Property was acquired by the Optionor provided the Optionor has not breach any of the said Existing Title Documents. Except for any valid objection made by the specified day, and except for any objection going to the root of the title, the Optionee shall be conclusively deemed to have accepted the Optionor s title to the Property. 9. The Optionor and the Optionee agree that there is no condition, express, or implied, representation or warranty of any kind that the future intended use of the Property by the Optionee is or will be lawful. 10. The Optionee shall not call for the production of any title deed, abstract, survey or other evidence of title to the Property except such as are in the possession or control of the Optionor. The Optionor agrees that, if requested by the Optionee, it will deliver any sketch or survey of the Property in its possession or within its control to the Property as soon as possible and prior to the last day allowed for examining title. In the event that a discharge of any mortgage or charge held by a Chartered Bank, Trust Company, Credit Union or Insurances Company and which is not to be assumed by the Optionee on completion, is not available in registerable from on completion, the Optionee agrees to accept the Optionor s solicitor s personal undertaking to obtain, out of the closing funds, a discharge or cessation of charge in registerable form and to register same on title within a reasonable period of time after completion. 11. Taxes, local improvements and water and assessment rates shall be apportioned and allowed to the date of completion (the day itself to be apportioned to the Optionee.) 12. Any tender of documents or money hereunder may be made upon the Optionor or the Optionee or their respective solicitors on the day set for completion of this Agreement. Money may be tendered by bank draft or cheque certified by a Chartered Bank, Trust Company, Province of Ontario Savings Office, Credit Union or Caisse Populaire. 13. The Optionee acknowledges and agrees that any and all HST payable with respect to the purchase of the Property shall be the sole responsibility of the Optionee, shall be in addition to the Purchase Price and shall be collected by the Optionor on the Closing Date. In the event that the Optionee is a registrant under the Excise Tax Act, the Optionee hereby agrees to indemnify the Optionor with respect to payment of the HST, to provide the Optionor, prior to the Closing Date, with a valid Page 15 of 19 Page 29 of 42

30 registration number and to execute and provide to the Optionor on the Closing Date a declaration and indemnity in a form acceptable to the Optionor s solicitors, acting reasonably or such other satisfactory documentation demonstrating that the Optionee is not required to pay H.S.T. in respect of this transaction. 14. The Option, when exercised, shall constitute a binding contract of purchase and sale and time in all respects shall be the essence of this Agreement. 15. This Option shall enure to the benefit of and be binding upon the heirs, executors administrators and assigns of the parties hereto respectively and is intended to run with the Property and bind all who have an interest in the Property. 16. The Optionor covenants and agrees: (a) (b) that this Option shall be registered on title to the lands in the appropriate Land Titles Office in priority to all liens, charges, mortgages, encumbrances and any other interest whatsoever; and to give to every purchaser of the Property actual notice of the existence and the terms of this Agreement and to include an acknowledgement of such notice in any Offer to Purchase or other similar document dealing with the Property. 17. The Optionee covenants and agrees to deliver a registerable release of this Agreement to discharge this Agreement from title on the earlier of: (a) commencement and completion of construction of the work upon the Property prior to the exercise of the option to purchase pursuant to paragraph 4; (b) ten (10) days after an Approval to Convey is granted; or (c) at the end of the Term. 18. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable Ontario. 19. Any notice required or agreed to be given under this Agreement shall be validly given if delivered personally or by facsimile addressed to: (a) In the case of the Optionor: 4121 Wolfepoint Way Page 16 of 19 Page 30 of 42

31 Gloucester, Ontario K1V 1P4 (b) In the case of the Optionee: 717 Notre-Dame St, Embrun (ON) K0A 1W1 Attention: Municipal Clerk and shall be deemed to have been effectively given by hand delivery on the date of such delivery or by fax on the date of transmission; provided that such delivery may be made upon the designated solicitor for the party to whom delivery is to be made. 20. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument, and it shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. This Agreement may be executed and delivered by facsimile or electronic signature as though such facsimile signature were an original signature. In witness whereof the Optionor and the Optionee have executed this agreement as of the date first written above. Hamed Demyati By: Name: Hamed Demyati Title: I have authority to bind the Corporation: THE CORPORATION OF THE TOWNSHIP OF RUSSELL Page 17 of 19 Page 31 of 42