SARNIA CITY COUNCIL. August 8, :00 p.m. COUNCIL CHAMBERS, CITY HALL SARNIA, ONTARIO AGENDA

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1 SARNIA CITY COUNCIL August 8, :00 p.m. COUNCIL CHAMBERS, CITY HALL SARNIA, ONTARIO Page AGENDA "O CANADA" MOMENT OF SILENT REFLECTION Disclosures of Pecuniary Interest (Direct or Indirect) and the General Nature Thereof DELEGATION RESOLUTIONS: 1. Donna Kelso, Vice President, Seaway Kiwanis Proposed Purchase of a New Community Showmobile for the City of Sarnia 1. Moved by Councillor Boushy, seconded by Councillor Gillis CORRESPONDENCE Director of Planning and Building, dated August 8, 2016, regarding Part Lot Control Exemption By-law - Lucas Avenue (see by-law #1) That Sarnia City Council authorize the Mayor and Clerk to sign a By-law under the provisions of Section 50(7) of the Planning Act, to exempt Block 61 and 62, as shown on Appendix 1, on Plan 25M-38 from the Part Lot Control provisions of the Planning Act. That the implementing Part-Lot Control Exemption Page 1 of 58

2 Page By-law expires after a period of three years at which time Part-Lot Control will be reinstated on the subject lands City Engineer, dated August 8, 2016, regarding Dedicate One Foot Reserves on Lizucha Drive, Brittoli Avenue and Lucas Avenue (see by-law #2) That Sarnia City Council dedicate the existing one foot reserves being Block 46, 49, 50 and 51 of Plan 25M-38 as public highways forming part of Lizucha Drive, Brittoli Avenue and Lucas Avenue in the City of Sarnia City Manager, City Solicitor, Director of Finance, and Acting Director of Parks & Recreation, dated August 8, 2016, regarding Naming Rights Agreement for the Sarnia Sports and Entertainment Centre (see by-law #3) That Sarnia City Council approves Progressive Auto Sales as the Naming Rights proponent for the Sarnia Sports and Entertainment Centre; and That the Mayor and Clerk be authorized to sign the Facility Naming Rights Licence Agreement. MINUTES Minutes of July 11, Regular Meeting INQUIRIES, INFORMATION AND URGENT MATTERS ROUTINE APPROVALS, ACTION AND INFORMATION 37 A. Seaway Kiwanis, dated August 3, 2016, regarding Proposal for Purchase of a New Community Showmobile for the City of Sarnia BY-LAWS Referred to Staff for a Report For 1st, 2nd and 3rd A By-Law to exempt Blocks 61 and 62 Page 2 of 58

3 Page Readings: For 1st, 2nd and 3rd Readings: For 1st, 2nd and 3rd Readings: For 1st, 2nd and 3rd Readings: Plan 25M-38 from the Part Lot Control provisions of the Planning Act Re: Lucas Avenue Part Lot Control Exemption (see Correspondence #1) A By-Law to Dedicate Land in the City of Sarnia Re: Dedicating One Foot Reserves on Lizucha Drive (see Correspondence #2) A By-Law to Authorize an Agreement with Progressive Auto Sales (Sarnia) Inc. and Ontario Inc. o/a Sarnia Sting Hockey Club (see Correspondence #3) A By-Law to Confirm the Proceedings of Council at its meeting held on August 8, 2016 ADJOURNMENT Page 3 of 58

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5 Correspondence #1 - August 8, 2016 THE CORPORATION OF THE CITY OF SARNIA People Serving People PLANNING AND BUILDING DEPARTMENT OPEN SESSION REPORT TO: FROM: Mayor Bradley and Members of Sarnia City Council Alan Shaw, Acting Director of Planning and Building DATE: August 8, 2016 SUBJECT: Part Lot Control Exemption By-law Francis De Sena Lucas Avenue Recommendations: It is recommended: 1. That Sarnia City Council authorize the Mayor and Clerk to sign a By-law under the provisions of Section 50(7) of the Planning Act, to exempt Block 61 and 62, as shown on Appendix 1, on Plan 25M-38 from the Part Lot Control provisions of the Planning Act. 2. That the implementing Part-Lot Control Exemption By-law expires after a period of three years at which time Part-Lot Control will be reinstated on the subject lands. Background: The site is located southwest of Lucas Avenue and Lizucha Drive in the area south of The Rapids Parkway. The lands form part of a Plan of Subdivision that was registered in 2010 that created municipal roads and development blocks. As the Owner would like to develop a new phase of the Plan, they have applied for an exemption to Part Lot Control to allow for the identified development blocks to be severed into conveyable lots. When a Plan of Subdivision has been approved under the Planning Act and registered, a landowner may sell any complete lot or Block on that registered plan. However, a landowner may not sell a part of or a piece of a Lot or Block on a registered plan without further approval. This is referred to as Part Lot Control. However section 50(7) of the Planning Act enables the City to pass a by-law to remove part lot control from any part of the Page 5 of 58

6 Correspondence #1 - August 8, 2016 registered plan of subdivision to allow the owner to create new lots without the need to first obtain severance approval through the Committee of Adjustment process, or further Plan of Subdivision Approval. Comments: Section 19 of the Subdivision Agreement sets out the site-specific land division process for the subject lands: 19. Development of Blocks Lot Creation Part Lot Control (a) to provide flexibility in lot sizes, the City may in its absolute discretion, after the Plan is registered and a phase has been determined, pass a By-law under Section 50, subsection (7) of the Planning Act R.S.O. 1990, c.p. 13 setting out that subsection (5) thereof does not apply to the lands in such phases. (b) after the above noted By-law has been passed by Council, the Subdivider shall submit for City approval, a reference plan indicating the limits of the parcels to be conveyed, before conveying such parcels. A certificate from the Director as approval of the Plan by the City shall be evidence that the Subdivider has obtained such approval. (c) The City may refuse to pass a By-Law provided for in paragraph (a), while the Subdivider is in default of any of the provisions in this agreement and the City may repeal any such By-Law that it has passed if any default continues after the Subdivider has been given 20 days written notice of such default. The Owner has identified the next phase as consisting of Blocks 61 and 62 as shown on Appendix 1, thus satisfying section 19(a) of the Subdivision Agreement. The applicant has provided a draft reference plan attached as Appendix 2 that shows the lands being subdivided into 23 lots. At present, Lucas Avenue has been constructed and services have been installed. While dwellings are being constructed, a Part Lot Control exemption by-law is required for the lots to be separately severed and conveyed. Any new lots to be created through the Part Lot Control Exemption process must conform to the Zoning By-law. The lands are designated Urban Residential by the Official Plan and Mixed Residential by Secondary Plan Area 1 that allows for a range of dwelling types. The lands are zoned Urban Residential 4-21 (UR4-21) which permit single detached dwelling lots having a minimum lot frontage of 12m (40 ) and area of 400m 2 (4,305.5ft 2 ). The proposed lots would have frontages ranging from 15.4m (50.5 ) to 17.2m (56.5 ) and lot areas are all in excess of 630m 2 (6,780ft 2 ). Lot sizes and dimensions are all above the minimum Zoning By-law standards. Page 6 of 58

7 Correspondence #1 - August 8, 2016 Should the Part Lot Control Exemption By-law be passed, the applicant has already prepared a reference plan showing parcel dimensions that Staff have reviewed and can confirm would conform to the Zoning By-law. Conclusion Planning staff supports the requested exemption which will allow for the lots along Lucas Avenue to be separately conveyed. Lot frontages and areas would conform to the provisions of Zoning By-law 85 of It is also recommended that the exempting Part-Lot Control By-law expire three years from its date of passage, as that will be sufficient time to register the new lot pattern, at which time Part-Lot Control will automatically be reinstated. Consultation: Staff has consulted with staff of the City s Engineering Department in preparation of this report. Public Notice As public notice and consultation has been previously considered under the Zoning By-Law amendment and Plan of Subdivision processes, no notice of the public hearing and no notice of passing of the Part-Lot Control By-law are required (Section 50(7) of the Planning Act) except to the owner of land to which the by-law applies. Financial Implications: None Reviewed by: Approved by: Alan Shaw Director, Planning and Building Margaret Misek-Evans City Manager This report was prepared by Kevin Edwards, Planning Manager. Appendix 1: Plan of Subdivision Excerpt Appendix 2: Draft Reference Plan Page 7 of 58

8 Correspondence #1 - August 8, 2016 Appendix 1: Plan of Subdivision Excerpt Page 8 of 58

9 Correspondence #1 - August 8, 2016 Appendix 2: Draft Reference Plan Page 9 of 58

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11 Correspondence #2 - August 8, 2016 THE CORPORATION OF THE CITY OF SARNIA People Serving People ENGINEERING DEPARTMENT OPEN SESSION REPORT TO: FROM: Mayor Bradley and Members of Sarnia City Council J.P. André Morin, City Engineer DATE: August 8, 2016 SUBJECT: Dedicate One Foot Reserves on Lizucha Drive, Brittoli Avenue and Lucas Avenue Recommendations: It is recommended: That Sarnia City Council dedicate the existing one foot reserves being Block 46, 49, 50 and 51 of Plan 25M-38 as public highways forming part of Lizucha Drive, Brittoli Avenue and Lucas Avenue in the City of Sarnia. Background: On December 29, 2010 Plan 25M-38 was registered as a Plan of Subdivision for 43 lots on Lizucha Drive. The City of Sarnia was conveyed one foot reserves over Blocks 44 to 53 of Plan 25M-38. This plan is attached to this report for Sarnia City Council s reference depicting the one foot reserves in relation to the streets. Municipalities require one foot reserves from developers in order to control access to portions of new subdivisions. Upon completion of each phase of the Subdivision including acceptance of the streets by the municipality, one foot reserves are made part of the public highway. Comments: In conjunction with the Part Lot Control Exemption Report prepared by the Planning Department, dedicating one foot reserves will provide access to lands for development to proceed. Dedicating Blocks 46, 49, 50 and 51 of Plan 25M-38 as public highway will form part of Lizucha Drive, Brittoli Avenue and Lucas Avenue. Page 11 of 58

12 Correspondence #2 - August 8, 2016 Consultation: The City Legal Department has been consulted and is in agreement with this report. Financial Implications: The only financial implication will be the registration cost of the dedicating by-law which was included in fees paid by the developer. Reviewed by: Approved by: Robert Williams Acting City Engineer Margaret Misek-Evans City Manager This report was prepared by Mike Berkvens, C.E.T., Development Manager Attachment(s): Plan 25M-38 Page 12 of 58

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15 Correspondence #3 - August 8, 2016 THE CORPORATION OF THE CITY OF SARNIA People Serving People PARKS AND RECREATION DEPARTMENT OPEN SESSION REPORT TO: FROM: Mayor Bradley and Members of Sarnia City Council Margaret Misek-Evans, City Manager Scott McEachran, City Solicitor Lisa Armstrong, Director of Finance Ryan Chamney, Acting Director of Parks & Recreation DATE: August 8, 2016 SUBJECT: Naming Rights Agreement for the Sarnia Sports and Entertainment Centre Recommendation: It is recommended that: 1. Sarnia City Council approves Progressive Auto Sales as the Naming Rights proponent for the Sarnia Sports and Entertainment Centre; 2. That the Mayor and Clerk be authorized to sign the Facility Naming Rights Licence Agreement. Background: On May 9, 2016 Sarnia City Council approved that staff negotiate an agreement with Progressive Auto Sales as the Naming Rights proponent for the Sarnia Sports and Entertainment Centre. Council approved that staff continue to work with the Labourer s International Union of North America (LiUNA) to investigate other sponsorship opportunities however, LiUNA have not indicated an interest in pursuing opportunities with the City of Sarnia at this time. Comments: Staff have been negotiating the terms and conditions of the Naming Rights Agreement for the Sarnia Sports and Entertainment Centre with Progressive Auto Sales and the Sarnia Sting. Page 15 of 58

16 Correspondence #3 - August 8, 2016 Identified in the May 9, 2016 report to Council there were a number of benefits offered as a framework or starting point for negotiations in relation to the Naming Rights Licence based on the prior Naming Rights Licence. There have been deletions, additions, and alterations to the benefits, with a finalized list of benefits summarized in the table included in the Financial Implications section. All parties have achieved a consensus position and have agreed to the conditions outlined in the Facility Naming Rights Licence which is in the Bylaw section of the agenda. The new name for the facility will be the Progressive Auto Sales Arena. Consultation: The following Departments have been involved in the process: Finance, Legal, Parks and Recreation and the City Manager. Staff has consulted with Progressive Auto Sales and the Sarnia Sting Hockey Club. Financial Implications: A simplified time value of money calculation has been prepared by mapping out the amount and timing of each payment over the next 10 years and the compounded interest that could be earned in our bank account. The calculated current value of cash flows associated with the Naming Rights agreement over the 10 year term is $434,415. This is based on the $42,500 annual naming rights sponsorship fee plus an additional $40,000 minimum commitment for signage upfront. The signage replacement agreed to is listed in Schedule A to the Agreement. The split agreed for the $42,500 by the parties is set out below, compared to that received recently from the RBC during the 2014/15 season. Consistent with the 2014/15 agreement with the RBC, the suite and tickets are backed out and the remainder split 50/50. The 2014/15 season naming rights report for the RBC is attached for information. Cash Flow Progressive Auto Sales Annual Payment: $42,500 +HST RBC Annual Payment 2014/15: $30, HST ($35,000 inclusive of HST) City of Sarnia $23, HST $19, HST Sarnia Sting $19, HST 11, HST Each partner who provides services at the SSEC has been consulted and involved in establishing the full package of benefits associated with the Naming Rights for the facility. The estimated values of the benefits were Page 16 of 58

17 Correspondence #3 - August 8, 2016 derived in collaboration with the Sarnia Sting relying on established market value based on sales and experience. The benefits and values are described in the following charts. It is important to note that this value does not represent an outright cost to the City or the Sarnia Sting, but represent the value of what these benefits could generally be sold at. In most cases the tickets/advertising/suites are not currently sold out, so providing these to the naming rights sponsor does not result in an outright cost or loss of revenue. The valuation of the benefits has been provided to ensure a complete picture. In some cases a value has not been estimated, for instance, the benefit of promotion or branding is not readily quantifiable. In consideration of the estimated benefit valuation, the split above gives the City $5, over the value of City benefits given and the Sting $7, over the value of their benefits given. In total, the estimated market value of the Sting/City benefits for Progressive Auto Sales is $30,025, which can be compared to the market value of the original EOI benefit list of $36,437 and the value of the 2014/15 RBC naming rights of $44,460 estimated at market value. Sarnia Sting Benefit Valuation Item Estimated Value 12 Season Tickets (Sting Portion) $5,900 Centre Ice Logo (split 50/50 with City of Sarnia) $5,050 6 backlit sign under Suite (split 50/50 with City of Sarnia) $1,250 TOTAL $12,200 Food and Beverage Provider Item Menu re-branding Legends and Suites Speciality drink Speciality menu item Business cards and Compass Group staff Family Skate Day Food/Beverage package value dependent on # of participants City of Sarnia Benefit Valuation Item Full page advertisement in Parks and Recreation Activity Guide twice yearly. Circulations appx 35,000 households. Banner advertisement on Park and Recreation Activity Booking Webpage with Link Estimated Value Unquantified Unquantified Unquantified Unquantified Unquantified Estimated Value $1,860 $83 Page 17 of 58

18 Correspondence #3 - August 8, 2016 Item Estimated Value Suite Valuation based on 10 year suite contract $8,314 Centre Ice Logo (split 50/50 with Sarnia Sting) $5,050 6 backlit sign under Suite (split 50/50 with Sarnia Sting) $1, Season Tickets (City Portion; 10% rebate and surcharge) $1,268 Logo inclusion on Print Stock when reordered, no additional cost Unquantified Signage/Advertising per agreement upfront cost provided by Progressive Auto Sales. Advertising value unquantified. Unquantified TOTAL $17,825 The agreement provides for Progressive Auto Sales to promote the facility and its events at its place of business as well as on its websites, social media accounts, yellow pages advertising, etc. During negotiations, Progressive Auto Sales has offered to help the Sting with marketing efforts through their extensive client database and also offered assistance in selling advertising assets of the facility. Increased advertising sales will also benefit the City, as a result of the advertising splits in the City/Sting agreement and will assist in augmenting the cash flow for the facility. Staff appreciates the concerted efforts of all parties during this negotiation and look forward to working with Progressive Auto Sales and the Sting with the common goal of enhancing the success of both the facility and the OHL team to the mutual benefit of the community and all parties. Prepared by: Approved By: Scott McEachran City Solicitor Prepared by: Margaret Misek-Evans City Manager Reviewed By: Lisa Armstrong Director, Finance Ryan Chamney Acting Director, Parks & Recreation Attachment: RBC Centre Naming Rights, September 12, 2014 Page 18 of 58

19 Correspondence #3 - August 8, 2016 THE CORPORATION OF THE CITY OF SARNIA People Serving People FINANCE DEPARTMENT OPEN SESSION REPORT TO: FROM: Mayor Bradley and Members of Sarnia City Council Brian McKay, CPA, CA Director of Finance DATE: September 12, 2014 SUBJECT: RBC Centre Naming Rights Recommendation: It is recommended: 1) That Sarnia City Council approve the agreement with Royal Bank for the naming rights of the facility known as RBC Centre for a term of one year commencing on October 1, 2014 and expiring September 30, 2015; 2) That Sarnia City Council authorize the Mayor and City Clerk to sign the agreement. Background: The City of Sarnia assumed operations of the RBC Centre as of July 1, The RBC Centre is so named due to the naming rights agreement in place with Royal Bank of Canada. City staff have negotiated a one year agreement with the Royal Bank of Canada to continue their naming rights on the facility through the 2014/2015 hockey season. Comments: The Royal Bank of Canada has been a great partner for the facility and with the Sarnia Sting since November 1, The City looks to continue this relationship and is recommending to Council that approval be given to a one year extension of the naming rights contract. The naming rights contract includes a payment of $35,000 for the one year being made to the City of Sarnia. The attached letter from the Royal Bank of Canada outlines the arrangement between the City of Sarnia and Royal Bank for the period October 1, 2014 to September 30, Page 19 of 58

20 Correspondence #3 - August 8, 2016 Staff is preparing a naming rights RFP to be issued first quarter of 2015 that will look at the long term naming rights for the facility. Consultation: The Director of Parks and Recreation was consulted in the preparation of this report. Financial Implications: The naming rights agreement with Royal Bank of Canada is for an annual payment of $35,000. The overall financial arrangements are outlined in the attached correspondence from the Royal Bank of Canada. Prepared by: Reviewed by: Brian McKay, CPA, CA Director of Finance Margaret Misek-Evans City Manager Attachment(s): None Page 20 of 58

21 Minutes of July 11, 2016 July 11, :10 p.m. Monday, July 11, 2016 COUNCIL CHAMBERS, CITY HALL, SARNIA, ON Council met, in regular session, for the transaction of general business. Mayor Bradley took the Chair and the following Members of Council were present: Councillors D. Boushy, A. Bruziewicz, A.M. Gillis, M. Kelch, B. MacDougall, M. Mitro, C. Scholten, and B. White CLOSED MEETING - 3:30 p.m. Moved by Councillor Mitro, seconded by Councillor Boushy, and carried: That Sarnia City Council move into closed session pursuant to sections 239 (2) (b), (d) and (e) of the Municipal Act to consider personal matters about identifiable individuals, including municipal employees or local board, labour relations or employee negotiations, and litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board. "O CANADA" In accordance with City Council Policy, the National Anthem was played. MOMENT OF SILENT REFLECTION Council participated in a moment of silent reflection. Disclosures of Pecuniary Interest (Direct or Indirect) and the General Nature Thereof Councillor Scholten declared a pecuniary interest with respect to Correspondence #14 - Sarnia Transit Downtown Washroom Facilities Agreement Renewal as Bayside Mall is a marketing client. Councillor White declared a pecuniary interest with respect to Correspondence #14 - Sarnia Transit Downtown Washroom Facilities Agreement Renewal as he does video work for the Bayside Mall. Mayor Bradley declared a pecuniary interest with respect to an item in closed session. Page 1 of 16 Page 21 of 58

22 Minutes of July 11, 2016 July 11, 2016 REPORT OF THE CLOSED MEETING Moved by Councillor Mitro, seconded by Councillor Boushy, and carried: That the committee rise and report. Council met in closed session on July 11, 2016 to discuss the organizational structure. No votes were taken other than to give direction to staff. Staff were directed to make an organizational change to a staff position. Council met in closed session to receive information on a personal matter involving identifiable individuals. No votes were taken. Council met in closed session to discuss a matter of potential litigation involving an identifiable individual. No votes were taken other than to give direction to staff. Staff were given direction with respect to the matter. Moved by Councillor Mitro, seconded by Councillor Boushy, and carried: That Sarnia City Council adopt the report of the closed meeting. PRESENTATION 1. Janice McMichael-Dennis, Bluewater Power - Cheque Presentations for Energy Conservation Grants at the SSEC and Public Works Janice McMichael-Dennis, President/CEO of Bluewater Power Distribution Corporation, gave a PowerPoint presentation updating Council on some energy conservation successes. Cheques were presented for energy conservation grants received through projects undertaken at the SSEC and Public Works. Ms. McMichael-Dennis responded to questions from Council. DELEGATION 1. Hal Regnier - Cycling on Sidewalks Hal Regnier proposed that cycling be permitted on sidewalks if people are feel unsafe cycling on the road and if the right of way is given to pedestrians. Mr. Regnier responded to questions from Council. Moved by Councillor Gillis, seconded by Councillor Kelch, and carried: Page 2 of 16 Page 22 of 58

23 Minutes of July 11, 2016 July 11, 2016 That staff be directed to report back with suggestions to modernize the by-law relating to cycling on sidewalks with exemptions in areas such as the downtown core and Mitton Village; and That staff consult with Sarnia Police Service and research bylaws in other municipalities. 2. Stewart McQueen - Fee Waiver for Ball Tournament Stewart McQueen requested a fee waiver of 61% for an upcoming baseball tournament to benefit Narcotics Anonymous. Mr. McQueen responded to questions from Council. Moved by Councillor Kelch, seconded by Councillor Boushy, and carried: That Sarnia City Council approve the fee waiver requested by Stewart McQueen of Narcotics Anonymous. 3. Tiffany Male - Sarnia Police Services Board Mayor Bradley requested that Councillor Scholten take the chair during this delegation. Tiffany Male expressed concern about the disrespect she witnessed by member of the Police Service at the June 28, 2016 Special Meeting. She discussed the composition of the Police Services Board and issues associated with having a long term chairperson. She provided suggested motions for adoption by Council. Mayor Bradley resumed the Chair. 4. Bob Marks, Sarnia Kinsmen The Kinsmen Community Centre Bob Marks of Sarnia Kinsmen requested that Council delay its decision with respect to the sale of the Kinsmen Community Centre while the club determines its major community project for its anniversary in Mr. Marks responded to questions from Council. Moved by Councillor Boushy, seconded by Councillor Bruziewicz, That Sarnia City Council table its consideration of the sale of the Kinsmen Community Centre for six months, was lost when put to the vote. Page 3 of 16 Page 23 of 58

24 Minutes of July 11, 2016 July 11, 2016 A recorded vote was requested as follows: Yea Councillor Boushy Councillor Bruziewicz Mayor Bradley Nay Councillor Gillis Councillor Kelch Councillor MacDougall Councillor Mitro Councillor Scholten Councillor White CORRESPONDENCE 1. City Engineer, dated July 11, 2016, regarding Award of Quotation Clark Drain Branch C Maintenance Moved by Councillor MacDougall, seconded by Councillor Gillis, and carried: That the low bid submitted by Murray Mills Excavating & Trucking (Sarnia) Ltd. for the Clark Drain Branch C Maintenance project, in the amount of $95, including the non-rebatable portion of H.S.T. be accepted and a purchase order issued. 2. City Engineer, dated July 11, 2016, regarding Award of Tender Sewer Inspection and Condition Assessment Moved by Councillor White, seconded by Councillor Mitro, and carried: That the low bid submitted by Nieltech Services for Tender Sewer Inspection and Condition Assessments in select areas in the amount of $107, including the non-rebateable portion of HST, be accepted subject to obtaining all necessary approvals; and That the Mayor and Clerk be authorized to sign the necessary documents. 3. City Engineer, dated July 11, 2016, regarding Award of Tender for Contract Concrete Repairs (see by-law #1) Moved by Councillor Gillis, seconded by Councillor White, and carried: Page 4 of 16 Page 24 of 58

25 Minutes of July 11, 2016 July 11, 2016 That the low tender submitted by Autoform Contracting London Ltd for Contract Concrete Repairs, in the amount of $478, including the non-rebatable portion of HST, be accepted subject to obtaining all necessary approvals; and That the Mayor and Clerk be authorized to sign the necessary agreements; and That the By-Law to authorize the temporary closing and construction of various streets for the purpose of concrete repairs, ramps, sidewalks and bus stop improvements in 2016 be approved. In response to questions from Councillor MacDougall regarding the longevity of the tactile plates, the City Engineer advised that he would provide additional information on them to Council. 4. City Engineer, dated July 11, 2016, regarding Telfer Road Speed Limit Reduction (see by-law #2) Moved by Councillor Kelch, seconded by Councillor Gillis, and carried: That the Traffic and Parking By-Law 100 of 1996 be amended to reflect the implementation of a 50km/hr zone on Telfer Road between London Line and the 402 ROW. Councillor Scholten inquired about the reason for the recommended speed reduction based on the low scores. The City Engineer advised that he would follow up with Council on that. 5. Director of Finance, dated July 11, 2016, regarding 2015 Final Audited Financial Statements Moved by Councillor Boushy, seconded by Councillor Gillis, and carried: That Sarnia City Council approve the 2015 Final City of Sarnia Financial Statements as presented. Page 5 of 16 Page 25 of 58

26 Minutes of July 11, 2016 July 11, Director of Finance, dated July 11, 2016, regarding Police Services Standby Generator Moved by Councillor Scholten, seconded by Councillor Mitro, and carried: That Sarnia City Council approves the purchase of the standby generator with Cummins for the Sarnia Police Service at a cost of $232, including the net cost of HST. 7. Director of Finance, dated July 11, 2016, regarding Capped Tax Classes Final 2016 Tax Installment Moved by Councillor Gillis, seconded by Councillor Kelch, and carried: That Sarnia City Council establish August 30, 2016 as the due date for the Final Installment of the 2016 Taxes levied for the Commercial, Industrial and Multi-Residential related tax classes. 8. Director of Parks and Recreation, dated July 11, 2016, regarding Application for Enabling Accessibility Fund Moved by Councillor MacDougall, seconded by Councillor Boushy, and carried: That Sarnia City Council approves the grant application for the Enabling Accessibility Fund through the Federal Government to improve the accessibility level of Clearwater Arena. 9. Director of Parks and Recreation, dated July 11, 2016, regarding Bluewater Gymnastics Building Reserve Fund Expenditures Moved by Councillor MacDougall, seconded by Councillor Mitro, and carried: That Sarnia City Council approves the amount of $42, plus HST as part of the Capital Improvement Plan funded from the Bluewater Gymnastics Building Reserve Fund for the supply and installation of Parking lot lighting to be completed by Bluewater Power Services Corporation. Page 6 of 16 Page 26 of 58

27 Minutes of July 11, 2016 July 11, Director of Parks and Recreation, dated July 11, 2016, regarding Arena Administration and Allocation Policy and Procedures Moved by Councillor Kelch, seconded by Councillor MacDougall, and carried: That Sarnia City Council adopts the Arena Administration and Allocation Policy and Procedures attached to this report. 11. Director of Parks and Recreation, dated July 11, 2016, regarding 2016 Beats on the Street Event Moved by Councillor White, seconded by Councillor Bruziewicz, and carried: That Sarnia City Council endorses the partial closing of the Julia Street Municipal Parking lot between Davis Street and Julia Street for the Beats on the Street event scheduled for Saturday, August 20, 2016, subject to satisfactory completion and adherence to the City s Special Event policies, procedures and applicable by-laws; and That Sarnia City Council approves the request by event organizers to have the Parking Lot Rental Fee for Service of $ as per By-law 21 of 2016 waived as a one-time occasion in support of this new event; and That Sarnia City Council grants approval under the regulations and guidelines of the Alcohol and Gaming Commission of Ontario, for the Beats on the Street event organizers to apply for a Special Occasion Permit within the proposed festival footprint. 12. Director of Parks and Recreation, dated July 11, 2016, regarding 2016 That Night in Sarnia Charity Event Moved by Councillor White, seconded by Councillor Mitro, and carried: That Sarnia City Council endorses the use of the Open Field inside Canatara Park for the 2016 That Night in Sarnia charity event, subject to satisfactory completion and adherence to the Page 7 of 16 Page 27 of 58

28 Minutes of July 11, 2016 July 11, 2016 City s Special Event policies, procedures and applicable bylaws; and That Sarnia City Council grant an exemption from the Noise By- Law 144 of 1998 for amplified music in conjunction with That Night in Sarnia charity event from 6:00 p.m. until 1:00 a.m. on August 20, 2016 at Canatara Park; and That Sarnia City Council grants approval, under the regulations and guidelines of the Alcohol and Gaming Commission of Ontario, for the That Night in Sarnia Committee to apply for a Special Occasion Permit within the proposed festival footprint. 13. Acting Director of Planning and Building, dated July 11, 2016, regarding Report on the Affordable Housing Strategy for Sarnia Moved by Councillor Kelch, seconded by Councillor Scholten, and carried: That the Draft Affordable Housing Strategy Report be received for the purpose of circulation to the public, stakeholders and applicable agencies for comment prior to the holding of an open house and public meeting, following which a final Affordable Housing Strategy Report be prepared and presented to Council for consideration. That staff be authorized to pursue amendments to the City s Zoning By-law No. 85 of 2002 in accordance with the provisions of the Planning Act, to: a) consider second residential units in single detached dwellings, semi-detached dwellings and townhouses, to a maximum of two dwelling units per property, subject to specific criteria to be determined. A parallel registration system under the Municipal Act for the registration of two-unit or greater dwellings should also be considered; b) consider amending Downtown Zone regulations regarding the residential conversion of existing vacant or unused upper floor commercial space to eliminate minimum area restrictions Page 8 of 16 Page 28 of 58

29 Minutes of July 11, 2016 July 11, 2016 and eliminate parking requirements for created converted residential units; c) review parking requirements for affordable housing uses in existing building conversion and new developments; d) consider permitting rooming houses in other appropriate existing developed areas of the City where adequate support services exist, in accordance with specific guidelines to be developed; and e) permit infill lots in accordance with Section policies of the Official Plan. That staff be directed to prepare a report to outline the benefits and disadvantages of passing a Demolition Control By-law pursuant to Section 33 (2) of the Planning Act and a By-law under Section 99.1 of the Municipal Act relating to the Demolition and Conversion of Residential Rental Properties that contain a predetermine number of dwelling units. That staff be directed to prepare a report to consider policies to prioritize Affordable Housing First in the sale of surplus City lands to support the development of affordable housing. That staff be directed to review opportunities to provide incentives to off-set the costs of Development Charges, Cashin-lieu of Parkland Dedication and Permit and Application Fees as they relate to affordable housing developments. 14. Director of Transit, dated July 11, 2016, regarding Sarnia Transit Downtown Washroom Facilities Agreement Renewal (see by-law #3) Moved by Councillor Kelch, seconded by Councillor Gillis, and carried: That Sarnia City Council authorizes staff to proceed with renewing a lease agreement with Bayside Centre for the provision of washroom facilities for Sarnia Transit operators; and That the City Clerk is authorized to sign the Offer Letter as attached, and any other required documents. Page 9 of 16 Page 29 of 58

30 Minutes of July 11, 2016 July 11, 2016 Councillor Bruziewicz advised that he would be bringing forward a notice of motion to request that financial implications be more clearly indicated in staff reports. 15. City Engineer, dated July 11, 2016, regarding Land Sale - Michigan Avenue Moved by Councillor Gillis, seconded by Councillor White, and carried: That Sarnia City Council accept the offer of $5, plus expenses in concept and direct staff to proceed as per the Sale of Land By-Law. Mayor Bradley left the meeting at 5:52pm and requested that Councillor Mitro take the chair. 16. Director of Planning and Building, dated July 11, 2016, regarding Woodlands and Urban Tree Protection Moved by Councillor Gillis, seconded by Councillor MacDougall, and carried: That Sarnia City Council directs staff (Planning, Parks and Recreation, and Engineering) to jointly prepare a work plan for the development of a proposed Urban Forest Management Plan (UFMP), for consideration by Council in 2017; and That Sarnia City Council directs staff to prepare a draft Tree Bylaw; and That Sarnia City Council directs staff to initiate community consultation in Fall 2016 regarding the draft Tree By-law. A recorded vote was requested as follows: Yea Councillor Boushy Councillor Bruziewicz Councillor Gillis Councillor Kelch Councillor MacDougall Councillor Scholten Councillor White Acting Mayor Mitro Nay Page 10 of 16 Page 30 of 58

31 Minutes of July 11, 2016 July 11, 2016 Absent: Mayor Bradley In response to a question from Councillor Gillis regarding outstanding reports to Council, the Acting City Clerk advised that she will be presenting Council with an accounting of motions at the September meeting. 17. Director of Finance, dated July 11, 2016, regarding Microsoft Enterprise Agreement for Government Moved by Councillor MacDougall, seconded by Councillor Scholten, and carried: That Sarnia City Council directs staff to proceed with finalizing the Enterprise Agreement for Government with Microsoft, specifically the Hybrid License Model, and; and That Sarnia City Council authorize the Mayor and Clerk to execute the required agreements. 18. Acting City Clerk, dated July 11, 2016, regarding Live Webcasting of Sarnia City Council Meetings and Council Meeting Vote Record Systems Moved by Councillor Scholten, seconded by Councillor Kelch, That Sarnia City Council direct staff to include the Live Webcasting project as part of the 2017 Capital and Operating budget considerations; and That Sarnia City Council direct staff to follow-up with City Council when additional information is available of the different voting recording systems and when costs are further known. An amendment was moved by Councillor MacDougall, seconded by Councillor Kelch, and carried: That Sarnia City Council report back with a funding plan to move forward with the live webcasting project in The main motion, as amended, carried. A recorded vote was requested as follows: Yea Nay Page 11 of 16 Page 31 of 58

32 Minutes of July 11, 2016 July 11, 2016 Yea Councillor Boushy Councillor Bruziewicz Councillor Gillis Councillor Kelch Councillor MacDougall Councillor Scholten Councillor White Acting Mayor Mitro Nay Absent: Mayor Bradley 19. Director of Parks and Recreation, dated July 11, 2016, regarding Kinsmen Centre Moved by Councillor White, seconded by Councillor Kelch, and carried: That Sarnia City Council hereby declares the lands at 656 Lakeshore Road to be surplus and direct staff to initiate applications to amend the City Official Plan and City Zoning By- Law and also direct staff to begin proceedings under the Sale of Land By-Law. NOTICE OF MOTION 1. Councillor Bruziewicz - Appointment to the Sarnia Accessibility Advisory Committee Moved by Councillor Bruziewicz, seconded by Councillor MacDougall, and carried: That Councillor Brian White is appointed to Sarnia Accessibility Advisory Committee for the rest of the appointment term. 2. Councillor Scholten - Noise By-Law Exemption Paddy Flaherty s Moved by Councillor Scholten, seconded by Councillor White, That Paddy Flaherty s outdoor stage (3 events per June, July, August each year) be added as an amendment to Schedule E of Exemption Bylaw section of By Law 96 of 2009; and Page 12 of 16 Page 32 of 58

33 Minutes of July 11, 2016 July 11, 2016 That Sarnia City Council waive the 14 day notice requirement for Paddy Flaherty s 2016 scheduled events, was lost when put to the vote. A recorded vote was requested as follows: Yea Councillor Scholten Councillor White Acting Mayor Mitro Nay Councillor Boushy Councillor Bruziewicz Councillor Gillis Councillor Kelch Councillor MacDougall Absent: Mayor Bradley MINUTES Moved by Councillor MacDougall, seconded by Councillor Gillis, and carried: That staff be directed to work with Paddy Flaherty s to provide proper two week notice for events in 2016, and report back to Council on the original motion for permanent noise by-law exemptions for this and other private establishments. Moved by Councillor Boushy, seconded by Councillor White, and carried: That the Minutes of June 13, 2016 (Corporate Priorities/ Strategic Planning Meeting), June 20, 2016 (Regular Meeting), and June 28, 2016 (Special Meeting), as printed be adopted. INQUIRIES, INFORMATION AND URGENT MATTERS 1. National Anthem Councillor Bruziewicz inquired as to whether there had been an official change to the national anthem. The Acting City Clerk advised that the proposed change is not yet official. Page 13 of 16 Page 33 of 58

34 Minutes of July 11, 2016 July 11, Euro Cup Councillor Bruziewicz congratulated the Portuguese team who won the Euro Cup, and thanked citizens for being civilized after their victory. 3. Media Reports Meetings with Unions Acting Mayor Mitro clarified media reports with respect to meetings he had with the Sarnia Professional Fire Fighters Association. Councillor Bruziewicz also advised that he met with the associations to listen to their concerns. ROUTINE APPROVALS, ACTION AND INFORMATION Moved by Councillor Boushy, seconded by Councillor Gillis, and carried: That Items A to C, under Routine Approvals, Action and Information be introduced. A. Director of Finance, dated July 11, 2016, regarding 2017 Draft Operating Budget Pressures For Council's Information B. Director of Finance and Director of Parks and Recreation, dated July 11, 2016, regarding SSEC Financial Update For Council's Information C. Acting City Clerk, dated July 11, 2016, regarding Executive Committee and Deputy Mayor Options For Council's Information Moved by Councillor Scholten, seconded by Councillor White, that Sarnia City Council elect from amongst the members a Deputy Mayor for a one year period. Councillor Scholten advised that she would like to nominate Councillor MacDougall for the position of Deputy Mayor. Moved by Councillor White, seconded by Councillor Kelch, and carried: Page 14 of 16 Page 34 of 58

35 Minutes of July 11, 2016 July 11, 2016 That consideration of the appointment of a Deputy Mayor be tabled until the first meeting in December, Moved by Councillor Boushy, seconded by Councillor Gillis, and carried: That Items A to C, under Routine Approvals, Action and Information, as recommended or approved by this Council, be adopted and appended to the Minutes. CIVIC REPORTS Moved by Councillor Boushy, seconded by Councillor Gillis, and carried: That the civic reports be received and filed. 1. Building Report - June 2016 BY-LAWS Moved by Councillor Boushy, seconded by Councillor Scholten, and carried: That By-Laws No. 1-4, as printed, be introduced for the first and second reading thereof, and be taken as read for the first and second time. 1. For 1st, 2nd and 3rd Readings: A By-Law to Authorize the Temporary Closing and Construction of Various Streets for the Purpose of Concrete Repairs, Ramps, Sidewalks and Bus Stop Improvements Re: Contract (see Correspondence #3) 2. For 1st, 2nd and 3rd Readings: A By-Law to Amend By-Law Number 100 of 1996 Re: Schedule 19- Speed Limits (see Correspondence #4) 3. For 1st, 2nd and 3rd Readings: A By-Law to Authorize an Agreement with Bayside Mall 2015 Ltd. Re: Bayside Centre Washroom Facility Lease (see Correspondence #14) Page 15 of 16 Page 35 of 58

36 Minutes of July 11, 2016 July 11, For 1st, 2nd and 3rd Readings: A By-Law to Confirm the Proceedings of Council at its meeting held on July 11, 2016 Moved by Councillor Boushy, seconded by Councillor Scholten, and carried: That By-Laws No. 1-4, as printed, be taken as read the third time and finally passed. ADJOURNMENT Moved by Councillor Boushy, seconded by Councillor Scholten, and carried: That Sarnia City Council adjourn to its next regular meeting to be held on Monday, September 12, 2016 or August 8, 2016 if called by the chair. The meeting adjourned at 7:40 p.m. Mike Bradley Mayor Dianne Gould-Brown Acting City Clerk Page 16 of 16 Page 36 of 58

37 Agenda Info Item A - August 8, 2016 MAYOR MIKE BRADELY & SARNIA CITY COUNCIL August 3, 2016 Seaway Kiwanis Board of Directors Donna Kelso, Vice President Dear Mayor Bradley and Council, We respectfully request to be put on your agenda for Monday August 8th 2016 as we have an urgent item that we would like to bring to your attention. Our board is considering purchasing a new community showmobile for the City of Sarnia. If we do finance this purchase there are many things we need to know first and we would only like to fund this purchase if the showmobile was ready for use by or before the opening ceremonies of the 2016/2017 Celebration of Lights. The Seaway Kiwanis board would need to know if the City of Sarnia could purchase the showmobile and the Seaway Kiwanis club would then make payments of approximately $50,000 annually until the unit is fully paid for. Furthermore the club may have $50,000+ available right away to offset the cost. Depending on which manufacturer you choose in the future, that company may be acceptable with yearly payments. With this above information in mind, it is our request that a motion be made at your Monday council meeting to request a staff report returning at your first September 2016 council meeting, answering the questions pertaining to cost and procedures involved in purchasing a new showmobile, financed by the Seaway Kiwanis Club. We appreciate your attention to the matter and continue to enjoy our relationship with the City of Sarnia. On behalf of the Seaway Kiwanis Board of Directors, Sincerely, Donna Kelso, Vice President Page 37 of 58

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39 By-Law #1 - August 8, 2016 BY-LAW NUMBER OF 2016 OF THE CITY OF SARNIA A By-Law to exempt Blocks 61 and 62 Plan 25M-38 from the Part Lot Control provisions of the Planning Act (Re: Lucas Avenue Part Lot Control Exemption) WHEREAS Section 50, Subsection (7) of the Planning Act R.S.O. 1990, c.p. 13 provides that Council of the Municipality may by by-law provide that part lot control provisions of Section 50 of the Planning Act. R.S.O. 1990, c.p. 13 do not apply to lands within a registered plan(s) of subdivision(s). AND WHEREAS Section 50, Subsection (7.5) of the Planning Act R.S.O. 1990, c.p. 13 provides that Council of the Municipality may repeal a by-law passed under Subsection (7) of the Planning Act. R.S.O. 1990, c.p. 13. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF SARNIA ENACTS AS FOLLOWS: 1. Schedule A attached hereto (being a description of the lands affected by this By-law) is hereby declared to form part of this By-law. 2. That the lands described as Blocks 61 and 62 according to Registered Plan 25M-38 in the City of Sarnia in the County of Lambton, be exempted from part lot control. 3. That Sub-section (5) of Section 50 of the Planning Act R.S.O shall not apply to those lands within the City of Sarnia described in Section 1 of this by-law; 4. In accordance with Sub-sections (7.2) and (7.3) of Section 50 of the Planning Act R.S.O. 1990, this By-law shall come into force Page 39 of 58

40 By-Law #1 - August 8, 2016 and effect on the date finally passed by the Council of the Corporation of the City of Sarnia and shall expire three (3) years following enactment. By-Law Read a First, Second and Third time this 8th day of August 2016 Mike Bradley Mayor Dianne Gould-Brown City Clerk City Clerk Page 40 of 58

41 By-Law #1 - August 8, 2016 Schedule A Page 41 of 58

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43 By-Law #2 - August 8, 2016 BY-LAW NUMBER OF 2016 OF THE CITY OF SARNIA A By-Law to Dedicate Land in the City of Sarnia (Re: Dedicating One Foot Reserves on Lizucha Drive) WHEREAS the Municipal Council of the Corporation of the City of Sarnia deems it expedient to dedicate these lands as public highway forming part of Lizucha Drive, Brittoli Avenue and Lucas Avenue in the City of Sarnia. NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows: 1. The lands described as Blocks 46, 49, 50 and 51 on Plan 25M-38 having been acquired by The Corporation of the City of Sarnia, the same are hereby dedicated as public highway and form part of Lizucha Drive, Brittoli Avenue and Lucas Avenue in the City of Sarnia. 2. This By-Law comes into force and effect upon finally being registered in the Land Registry Office for the Registry Division of Lambton. By-Law Read a First, Second and Third time, this 8 day of August, Mike Bradley Mayor Dianne Gould-Brown Acting City Clerk Page 43 of 58

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45 By-Law #3 - August 8, 2016 BY-LAW NUMBER OF 2016 OF THE CITY OF SARNIA A By-Law to Authorize an Agreement with Progressive Auto Sales (Sarnia) Inc. and Ontario Inc. o/a Sarnia Sting Hockey Club (Re: SSEC Naming Rights) WHEREAS it is deemed expedient that The Corporation of the City of Sarnia enter into an Agreement with Progressive Auto Sales (Sarnia) Inc. and Ontario Inc. o/a Sarnia Sting Hockey Club. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF SARNIA ENACTS AS FOLLOWS: 1. That The Corporation of the City of Sarnia is authorized to enter into a Naming Rights Agreement with Progressive Auto Sales (Sarnia) Inc. and Ontario Inc. o/a Sarnia Sting Hockey Club, in the general form attached to this By-Law. 2. That the Mayor and Clerk are authorized to execute such Agreement and to affix to it the Corporate Seal of The Corporation of the City of Sarnia. By-Law Read a First, Second and Third time this 8 day of August, Mike Bradley Mayor Dianne Gould-Brown Acting City Clerk Page 45 of 58

46 By-Law #3 - August 8, 2016 FACILITY NAMING RIGHTS LICENCE BETWEEN: Progressive Auto Sales (Sarnia) Inc. ("Progressive") -and- THE CORPORATION OF THE CITY OF SARNIA ("City") -and ONTARIO INC. o/a SARNIA STING HOCKEY CLUB ( Sting ) WHEREAS City is the owner and operator of the sports facility commonly known as the Sarnia Sports & Entertainment Centre, located at the Lambton College London Road Campus in the City of Sarnia, Province of Ontario ( Facility ); AND WHEREAS Progressive wishes to sponsor the naming rights for the Facility; AND WHEREAS the Sting have a licence to operate its OHL franchise from the Facility and have the right to sell advertising within the Facility, except that advertising that is in conjunction with the naming rights which are held by the City, as outlined in its July 1, 2014 agreement between the Sting and with the City ( 2014 Sting Licence ); NOW THEREFORE IN CONSIDERATION of the covenants by each party to the other parties contained in this licence the parties agree as follows: 1. Facility Name During the term of this Licence the City grants Progressive the exclusive naming rights for the Facility. The official name of the Facility shall be Progressive Auto Sales Arena. The full name of the Facility shall be used at all times. 2. Term This licence shall be effective as at August 8, 2016 and shall run for a period of 10 years expiring on the 7 th day of August, 2026 and the Page 46 of 58

47 By-Law #3 - August 8, 2016 annual cycle shall be from August 8 to August 7 of each year of the Term (Annual Cycle). 3. Sponsorship Fee Progressive shall pay an annual sponsorship fee, in advance, of $42,500 (plus HST), to the City within 30 days of being invoiced and both parties acknowledge and agree that notwithstanding the Sponsorship Fee being paid in advance the full Sponsorship Fee is in fact not earned by the City until the completion of the then current Annual Cycle. 4. Fee Split The Sponsorship fee shall be split between the City and the Sting as per the 2014 Sting Licence. 5. Sponsorship Benefits In addition to the Facility name, all the benefits listed in Schedule A are included in the Sponsorship Fee. It is recognized by the parties that the food and beverage provider is not a signatory to this Licence and that the benefits listed in Schedule A under the food and beverage provider will be sought by the City on a best efforts basis only. 6. Signage Costs All signage shall be installed at the expense of Progressive. The City shall pay for the removal of any existing signs. The City shall ensure the signs are kept in A-1 condition to the satisfaction of Progressive, acting reasonably, as to the condition of the signs, and the City shall pay for any repairs and replacement signs if required. 7. Signage Approval The parties acknowledge the Facility is located on lands owned by Lambton College and as part of the lease agreement with the City, Lambton College has the right to approve all outdoor signage as to design, size, location, and requires that all signs shall reflect community standards. In the event that the approval of Lambton College cannot be obtained for the signage required by Progressive as provided for herein, then Progressive shall have the option to terminate this Agreement and any and all unearned amounts paid to the City by Progressive shall be immediately returned to Progressive. 8. Future Signage on College Lands Progressive shall have the option to negotiate for additional signage, at its cost for installation and maintenance, on Lambton College property (other than the Lambton College land leased to the City), and the Sting and City hereby agree not to oppose. 9. Intellectual Property Each party shall retain exclusive ownership of all rights, title and interest in their respective names and any crests, Page 47 of 58

48 By-Law #3 - August 8, 2016 trademarks, logos, or brands associated with it and the other parties shall not use the intellectual property of the other parties without written permission, however, the parties hereby grant permission to use the name of the party in promoting the facility during the term of this licence. 10. Progressive Promotion Progressive shall promote the Facility and its events at its place(s) of business as well as on its websites, social media accounts, yellow pages advertising and other forms of advertising (electronic or hardcopy). 11. Endorsement Neither party endorses the products, services, or ideas of any other party and the parties are prohibited from implying that their products, services or ideas are sanctioned by the other parties unless agreed to otherwise in writing. There shall be no actual or implied obligation for the parties to purchase the product or services of the other parties outside of the sponsorship benefits provided herein. 12. Direct Competitor Advertising Direct competitor advertising from other automotive dealerships, whether controlled by the Sting or the City, shall be limited to: a. Competing car dealerships are limited to a maximum of three (3) total signage impressions within the Facility advertising. Dealerships are able to select up to two (2) impressions from the major signage category (Rinkboards, Suite Level Signage, Restaurant Front) and one (1) from each of the remaining signage categories. These categories include Concourse Signage, Community Signage (Inside Gate 1), Videoboard Signage, Home & Away Benches, Ice Level Panels, Southend Wall Signage, and Washroom Signage. b. Competing car dealerships will not be permitted to place or occupy signage on the exterior of the building or on Facility property exclusively controlled by the City. c. Competing car dealerships will not be permitted to purchase Inside Tower Advertising that faces the outside of the building. d. Competing car dealerships are not permitted to put signage in the suite area except for a standard size suite door sign. 13. Exceptions to Direct Competitor Advertising - The following exceptions are agreed to by all parties: a. Current Agreements The Sting shall be entitled to honour all current auto dealer facility advertising agreements that were entered into prior to the signing of this Agreement. These facility Page 48 of 58

49 By-Law #3 - August 8, 2016 advertising agreements shall not be renewed beyond their existing term except in accordance with section 12. The Sting shall provide the parties with a list of current Facility advertising agreements involving direct competitors with Facility advertising beyond that permitted in section 12 with the relevant particulars at the time of signing this Licence. b. Sting Sponsorship It is understood that there are separate advertising and sponsorship opportunities with the Sting, as opposed to Facility advertising, and these opportunities may involve direct competitor advertising now or in the future. c. Special Events Progressive agrees that direct competitor advertising may take place where an event is required to display temporary signage and/or make any public announcements prior to and during the presence of such event. Such advertising shall be limited to the extent mandated by the event. d. OHL League Rules The Parties acknowledge that, as the home arena of an OHL franchise, cooperation may be required in abiding by the League Rules as well as the potential need to accommodate certain sponsorship agreements as mandated by the OHL. e. Directory Signage Directory type signs that identify suites or a list of suiteholders etc. shall be permitted 14. Cooperation - The Parties acknowledge and agree that the nature of entering into, and granting the rights and benefits under, this Licence involves a complex and time-consuming legal, political and corporate process and, in the event of a default resulting in the early termination of this Licence, the non-defaulting parties will incur considerable cost and expense in effectuating a change of the Facility name and soliciting and entering into a subsequent Licence with a third party. Accordingly, the parties agree to cooperate and act in good faith in the performance of their obligations in this Licence. 15. Public Statements - Each party agrees that it will not directly or indirectly make or encourage the making of any defamatory or disparaging statements about the other parties, or any statements that could reasonably be expected to impact negatively on the name, business or reputation of the other parties or the facility. Any public statement will be made in furtherance of the good faith performance of this Licence. 16. Facility Damage - If a force majeure results in the damage or destruction of the facility to the extent that OHL games at the Facility must be cancelled or rescheduled, then: Page 49 of 58

50 By-Law #3 - August 8, 2016 a. where repair or reconstruction of the Facility will take less than 10 days from the date of the first cancelled OHL game, Progressive shall not have the right to terminate the Licence and shall not be entitled to a pro rata refund or deduction of its sponsorship fee; b. where repair or reconstruction of the Facility will take more than 10 days, but less than 90 days from the date of the first cancelled OHL game, Progressive shall not have the right to terminate the Licence but shall be entitled to a pro rata refund or deduction of its sponsorship fee; c. where it appears repair or reconstruction of the Facility will take more than 90 days from the date of the first cancelled OHL game, the City shall provide Progressive with an estimate of the repair time within 120 days of the first cancelled OHL game. i. Where the time estimated for repair is less than 365 days from the first cancelled OHL game, Progressive shall not be entitled to terminate this Licence but shall be entitled to a pro rata refund or deduction of its sponsorship fee. ii. Where the time estimated for repair is more than 365 days from the date of the first cancelled OHL game, Progressive shall have the right, but not the obligation, to terminate this Licence. Should Progressive not terminate this Licence it shall be entitled to a pro rata refund or deduction of its sponsorship fees. 17. Option to Extend Term Progressive shall have the right to continue its sponsorship for an additional 5 years, provided that it is not in default of this Licence, and provided that written notice is given to the City on or before July 10, 2025 of its intention to continue. Once notice is received by the City the parties shall negotiate the sponsorship fee and benefits at the then fair market value. If a new Licence is not signed by the parties on or before December 1, 2025 the option to continue shall be at an end and the City shall be free to pursue other sponsors. 18. Competitive Advantage - It is understood that there is no competitive advantage, benefit or preferential treatment between Progressive and the City outside of this Licence. 19. Partial Performance - In the event the City or the Sting fail to provide any of the benefits outlined in Schedule A, Progressive shall be entitled to a deduction or refund of the relevant fees from the City Page 50 of 58

51 By-Law #3 - August 8, 2016 and the City shall deduct these amounts from either the City s or the Sting s portion of the fees as applicable. 20. Termination - City Should the conduct of Progressive or its principals draw negative attention to itself, the Facility, or the City, the City shall make Progressive aware of the concern in writing and request that the offending matter be rectified within a reasonable period of time. Where the conduct is egregious, the City at its sole discretion shall have the right to terminate this Licence at any time, without refund or consideration, should it feel it is necessary to do so to avoid the City or the Facility being brought into disrepute. In addition, the City shall also be entitled to terminate this Licence if Progressive becomes insolvent, is adjudged bankrupt, makes an assignment for the benefit of creditors, conveys its merchandise or assets in bulk, or has a receiver appointed. 21. Reduction of Sponsorship Fee Progressive Progressive s sponsorship fee of $42,500 is conditional on an OHL team operating out of the facility. In the event an OHL team is no longer operating out of the facility, Progressive s fee shall be adjusted pro rata to $10,000 annually on an interim basis and Progressive shall forthwith negotiate a reduced sponsorship fee and benefits with the City. If good faith negotiations are not successful Progressive shall have the right to terminate this Licence. 22. Assignment / Change of Name This Licence may only be transferred or assigned by Progressive to a related company with the written consent of the City. In the event Progressive wishes to change the name of the Facility it will be necessary to obtain the written consent of the City and Progressive shall be responsible for all reasonable change over costs of the parties. 23. Confidentiality Confidential information shared between the parties shall be used only for the purpose for which it was intended and shall not be shared with third parties without written permission, court order, or as required under the Municipal Freedom of Information and Protection of Privacy Act. The confidential information shall be protected by the receiving party with at least the same degree of care used to protect its own confidential information. 24. Laws and Regulations The parties shall conduct themselves in accordance with all federal, provincial and municipal laws and specifically will not violate or infringe upon any proprietary rights of any third party, including, without limitation, trade secrets, patent, trademark or copyright rights. Page 51 of 58

52 By-Law #3 - August 8, Indemnity The parties hereby indemnify and hold each of the other parties and their directors, officials, employees, agents and representatives harmless from and against any claims, demands, losses, causes of action or damages (including lawyer fees) arising out of any breach, violation or non-performance of its obligations set out in this Licence. However, under no circumstances shall the parties be liable for any consequential, special, indirect, incidental, punitive, consequential or exemplary loss, damage, cost or expense, including, without limitation, loss of good will, computer failure or malfunction, data loss, or lost profits and opportunity costs. Notwithstanding any term or provision herein to the contrary, each of the other parties specifically acknowledges and agrees that Progressive does not have any active involvement in the ownership and operation of the Facility and as such shall at all times save harmless and indemnify Progressive in its totality as it regards any and all matters directly and indirectly related to the ownership and operation of the Facility. 26. Insurance - During the term of this Licence the parties each agree to maintain at its own expense commercial general liability and commercial automobile liability insurance with limits of a minimum of $2,000,000 per occurrence and in the aggregate for each policy. Upon written request from any party, each party agrees to furnish to the requesting party a Certificate of Insurance evidencing such coverage. 27. Jurisdiction - This Licence shall be governed by the laws of the province of Ontario and the laws of Canada. 28. Notices - All notices which may be necessary for either party to serve upon the other shall be effectively served on the 5th business day if sent postage prepaid, or if faxed, ed, or hand delivered, on the day such notice was faxed, ed, or hand delivered. 29. Waiver and Amendment - No modification, amendment or waiver of any provision of this Licence will be binding or valid unless in writing and executed by all Parties. No failure to enforce any provision of this Licence will be construed as a waiver or thereafter prevent any party from enforcing the same or any other provision of this Licence. 30. Severability - If any portion of this Licence is judged to be illegal, invalid or unenforceable, such portion will be given effect to the maximum extent possible by narrowing, or enforcing in part, such portion to the minimum extent necessary to make it enforceable. Any such invalidity or unenforceability will not in any way affect the validity or enforceability of the remainder of this Licence which will continue in full force and effect. Page 52 of 58

53 By-Law #3 - August 8, Counterparts - This Licence may be executed in one or more counterparts, all of which will be considered one and the same Licence, and will be binding when one or more counterparts have been signed by each of the parties and delivered, either manually or electronically, to the other party, it being understood that all Parties need not sign the same counterpart. 32. Entire Understanding - This Licence and Schedule A referred to herein constitutes the entire understanding between the parties and supersedes all prior submissions, discussions, understandings and agreements, whether written or oral. 33. Enurement This Agreement shall be binding on all parties and their permitted assignees, successors, and transferees. 34. Reliance Provision that the parties acknowledge and agree that any breach of this Agreement by the City or Sting will cause financial damage and losses to Progressive and therefore no term or provision in this Agreement shall be deemed or adjudged to prevent Progressive from taking any action to seek recovery and/or compensation IN WITNESS WHEREOF the parties have affixed their corporate seals attested to by the hands of their officers in that behalf duly authorized as at the 8 th day of August Page 53 of 58

54 By-Law #3 - August 8, 2016 THE CORPORATION OF THE CITY OF SARNIA Mike Bradley, Mayor Dianne Gould-Brown, Acting City Clerk We have the authority to bind the corporation. Page 54 of 58