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Home My WebLink AboutPort Burwell By-Laws 1997 Bayham Township Byed Laws By-Laws # 97 - 01 „ 97 - 08 1997 Village of Port Burwell Schedule "A" Bylaw 97-06 be reviewed based on a number of factors, including business needs and staffing requirements. Vacation time off is paid at the employee's base pay rate at the time of vacation. It does not include overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials. As stated above, employees are encouraged to use available paid vacation time for rest, relaxation,and personal pursuits. In the event that available vacation is not used by the end of the benefit year, employees may carry unused time forward to the next benefit year. If the total amount of unused vacation time reaches a "cap" equal to two times the annual vacation amount, further vacation accrual will stop. When the employee uses paid vacation time and brings the available amount below the cap, vacation accrual will begin again. Upon termination of employment, employees will be paid for unused vacation time that has been earned through the last day of work. Accrued vacation must be taken as vacation time not as cash-in-lieu of time. Personnel Policy 24 4 Village of Port Burwell Schedule"A" Bylaw 97-06 303 HOLIDAYS The Municipality is required to grant holiday time off to all employees on the holidays listed below. New Year's Day (January 1) Good Friday (Friday before Easter) Easter Monday (Monday after Easter) Victoria Day (third Monday in May) Canada Day (July 1) Civic Holiday (first Monday in August) Labour Day (first Monday in September) Thanksgiving (second Monday in October) Remembrance Day (November 11) Christmas (December 25) Boxing Day (December 26) The Municipality is required to grant paid holiday time off to all eligible employees who liave completed 90 calendar days of service in an eligible employment classification. Holiday pay will be calculated based on the employee's straight-time pay rate (as of the date of the holiday) times the number of hours the employee would otherwise have worked on that day. Eligible employee classification(s): Regular full-time employees Regular part-time employees Introductory employees To bee for holiday pay,employees must work the _scheduled day immediately preceding and the first scheduled day immediately following the holiday. A recognized holiday that falls on a Saturday may be observed on the preceding Friday. A recognized holidaythat falls on a Sunday may be observed on the following Monday. If a recognized holiday falls during an eligible employee's annual vacation, the employee will be eligible for an alternate day off. If eligible employees work on a recognized holiday, they will receive holiday pay plus wages at one and one-half times their straight-time rate for the hours worked on the holiday. Paid time off for holidays will be counted as hours worked for the purposes of determining whether Personnel Policy 25 Villade of Port Burwell Schedule "A" Bylaw 97-06 overtime pay is owed. Personnel Policy 26 Village of Port Burwell Schedule "A" Bylaw 97-06 304 WORKERS' COMPENSATION INSURANCE The Municipality is required to provide a comprehensive workers' compensation insurance program at no cost to employees. This program covers any injury or illness sustained in the course of employment that requires medical, surgical, or hospital treatment. Subject to applicable legal requirements, workers' compensation insurance provides benefits after a short waiting period or, if the employee is hospitalized, immediately. Employees who sustain work-related injuries or illnesses should inform their supervisor immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately. This will enable an eligible employee to qualify for coverage as quickly as possible. Neither the Municipality nor Workers' Compensation will he liable for the payment of workers' compensation benefits for injuries that occur during an employee's voluntary participation in any off-duty recreational, social, or athletic activity sponsored by the Municipality. Personnel Policy 27 Village of Port Burwell Schedule "A" Bylaw 97-06 305 TIME OFF TO VOTE The Municipality encourages employees to fulfil their civic responsibilities by participating in elections. Generally, employees are able to find time to vote either before or after their regular work schedule. If employees are unable to vote in an election during their nonworking hours, the Municipality will grant up to four hours of paid time off to vote. Employees should request time off to vote from their supervisor at least two working days prior to the election day. Advance notice is required so that the necessary time off can be scheduled at the beginning or end of the work shift, whichever provides the least disruption to the normal work schedule. • Personnel Policy 28 Village of Port Burwell Schedule"A" Bylaw 97-06 306 BEREAVEMENT LEAVE Employees who wish to take time off due to the death of an immediate family member should notify their supervisor immediately. Up to five days of paid bereavement leave will be provided to eligible employees in the following classification(s): Regular full-time employees Regular part-time employees Bereavement pay is calculated based on the base pay rate at the time of absence and will not include any special forms of compensation, such as incentives, commissions, bonuses, or shift differentials. Bereavement leave will normally be granted unless there are unusual business needs or staffing requirements. Employees may, with their supervisors' approval, use any available paid leave for additional time off as necessary. The Municipality defines "immediate family" as the employee's spouse, parent, child, sibling; the employee's spouse's parent, child, or sibling; the employee's child's spouse; grandparents or grandchildren. Special consideration will also be given to any other person whose association with the employee was similar to any of the above relationships. Personnel Policy 29 Village of Port Burwell Schedule "A" Bylaw 97-O6 307 JURY DUTY The Municipality encourages employees to fulfil their civic responsibilities by serving jury duty when required. Employees in an eligible classification may request up to three weeks of paid jury duty leave. Jury duty pay will be calculated on the employee's base pay rate times the number of hours the employee would otherwise have worked on the day of absence. Employee classifications that qualify for paid jury duty leave are: Regular full-time employees Regular part-time employees If employees are required to serve jury duty beyond the period of paid jury duty leave, they may use any available paid time off(for example, vacation benefits) or may request an unpaid jury duty leave of absence. Employees must show the jury duty summons to their supervisor as soon as possible so that the supervisor may make arrangements to accommodate their absence. Of course, employees are expected to report for work whenever the court schedule permits. Either the Municipality or the employee may request an excuse from jury duty if, in the Municipality's judgment, the employee's absence would create serious operational difficulties. The Municipality will continue to provide health insurance benefits for the full term of the jury duty absence. Vacation, sick leave, and holiday benefits, will continue to accrue during unpaid jury duty leave. Personnel Policy 30 Village of Port Burwell Schedule "A" Bylaw y7-06 308 WITNESS DUTY The Municipality encourages employees to appear in court for witness duty when subpoenaed to do so. If employees have been subpoenaed or otherwise requested to testify as witnesses by the Municipality, they will receive paid time off for the entire period of witness duty. Employees will be granted a maximum of 24 hours of paid time off to appear in court as a witness at the request of a party other than the Municipality. Employees will be paid at their base rate and are free to use any remaining paid leave benefits (such as vacation leave) to receive compensation for any period of witness duty absence that would otherwise he unpaid. The subpoena should be shown to the employees supervisor immediately after it is received so that operating requirements can be adjusted, where necessary, to accommodate the employee's absence. The employee is expected to report for work whenever the court schedule permits. Personnel Policy 31 Village of Port Burwell Schedule "A" Bylaw 97-06 309 EDUCATIONAL ASSISTANCE The Municipality recognizes that the skills and knowledge of its employees are critical to the success of the organization. The educational assistance program encourages personal development through formal education so that employees can maintain and improve job-related skills or enhance their ability to compete for reasonably attainable jobs within the Municipality. The Municipality may provide educational assistance to all eligible employees who have completed 90 calendar days of service in an eligible employment classification. To maintain eligibility employees must remain on the active payroll and be performing their job satisfactorily through completion of each course. Reimbursement of educational costs is contingent upon submission of proof of the successful completion of each course. Employees in the following employee classification(s) are eligible for educational assistance: Regular full-time employees Regular part-time employees Employees should contact the Administrator for more information or questions about educational assistance. While educational assistance is expected to enhance employees performance and professional abilities, the Municipality cannot guarantee that participation in formal education will entitle the employee to automatic advancement, a different job assignment, or pay increases. Personnel Policy 32 T �i��a�+e of Port Burwell Schedule ..A.. Bylaw 97-()6 310 PAID TIME OFF (PTO) Paid Time Off (PTO) is an all purpose time-off policy for eligible employees to use for vacation, illness or injury, and personal business. It combines traditional vacation and sick leave plans into one flexible,paid time-off policy. Employees in the following employment classification(s)are eligible to earn and use PTO as described in this policy: Regular full-time employees Once employees enter an eligible employment classification, they begin to earn PTO at 0.167 days per month. This equates to two days per year for each employee. PTO is not cumulative. The length of eligible service is calculated on the basis of a "benefit year." This is the 12-month period that begins when the employee starts to earn PTO. An employee's benefit year may be extended for any significant leave of absence. (See individual leave of absence policies for more information.) PTO can be used in minimum increments of one-half day. Employees who have an unexpected need to be absent from work should notify their direct supervisor before the scheduled start of their workday, if possible. The direct supervisor must also be contacted on each additional day of unexpected absence. To schedule planned PTO, employees should request advance approval from their supervisors. Requests will be reviewed based on a number of factors, including business needs and staffing requirements. PTO is paid at the employee's base pay rate at the time of absence. It does not include overtime or any special forms of compensation such as incentives, commissions, bonuses, or shift differentials. As an additional condition of eligibility for PTO, an employee on an extended absence for illness or injury must apply for any other available compensation and benefits,such as workers'compensation. PTO will be used to supplement any payments that an employee is eligible to receive from provincial disability insurance, workers' compensation, or the Municipality-provided disability insurance programs. The combination of any such disability payments and PTO cannot exceed the employee's normal weekly earnings. Personnel Policy 33 Village of Port Burwell Schedule "A" Bylaw 97-06 401 TIMEKEEPING Accurately recording time worked is the responsibility of every emto ee. Management is required to report total hours per day only. Detailed reporting is required from all other employees. Federal and Provincial laws require the Municipality to keep an accurate record of time worked in order to calculate employee pay and benefits. Time worked is all the time actually spent on the job performing assigned duties. Employees should accurately record the time they begin and end their work, as well as the beginning and ending time of each meal period. They should also record the beginning and ending time of any split shift or departure from work for personal reasons. Overtime work must always be approved before it is performed. Altering, falsifying, tampering with time records,or recording time on another employee's time record may result in disciplinary action, up to and including termination of employment. It is the employees' responsibility to sign their time records to certify the accuracy of all time recorded. The supervisor will review and then initial the time record before submitting it for payroll processing. In addition, if corrections or modifications are made to the time record, both the employee and the supervisor must verify the accuracy of the changes by initialing the time record. Personnel Policy 34 Village of Port Burwell Schedule "A" Bylaw 97-06 402 PAYDAY All employees are paid weekly every Thursday. Each pay cheque will include earnings for all work performed through the end of the previous payroll period. In the event that a regularly scheduled payday falls on a day off such as a holiday, employees will receive pay on the last day of work before the regularly scheduled payday. If a regular payday falls during an employee's vacation, the employee may receive his or her earned wages before departing for vacation if a written request is submitted at least one week prior to departing for vacation. Personnel Policy 35 Village of Port Burwell Schedule "A" Bylaw 97-06 403 EMPLOYMENT TERMINATION Termination of employment is an inevitable part of personnel activity within any organization, and many of the reasons for termination are routine. Below are examples of some of the most common circumstances under which employment is terminated: RESIGNATION - voluntary employment termination initiated by an employee. DISCHARGE - involuntary employment termination initiated by the organization. LAYOFF - involuntary employment termination initiated by the organization for nondisciplinary reasons. RETIREMENT-voluntary employment termination initiated by the employee meeting age, length of service, and any other criteria for retirement from the organization. Since employment with the Municipality is based on mutual consent, both the employee and the Municipality have the right to terminate employment at will, with or without cause, at any time. Employees will receive their final pay in accordance with applicable Provincial law. Employee benefits will be affected by employment termination in the following manner. All accrued, vested benefits that are due and payable at termination will be paid. Some benefits may be continued at the employee's expense if the employee so chooses. The employee will be notified in writing of the benefits that may be continued and of the terms, conditions, and limitations of such continuance. Personnel Policy 36 \'ilia&e of Port Burwell Schedule "A" Bylaw 97-O 404 SEVERANCE PAY The Municipality provides severance pay to eligible employees whose employment is terminated for reasons that are not prejudicial to the Municipality, as determined by the Municipality in its sole discretion. Severance pay will be provided to the following eligible employee classifications: Regular full-time employees Regular part-time employees Specifically excluded from benefits under this provision are employees who: were hired as temporary employees for a specified period of time; were offered but refused to accept another suitable position with the organization; were provided the opportunity to be retained for any length of time by a successor employer. Personnel Policy 31 `pillage of Port Burwell Schedule "A" Bylaw 97-06 405 PAY ADVANCES The Municipality does not provide pay advances on unearned wages to employees. • Personnel Policy 38 Vilade of Port Burwell Schedule "A" Bylaw 97-06 406 ADMINISTRATIVE PAY CORRECTIONS The Municipality takes all reasonable steps to ensure that employees receive the correct amount of pay in each pay cheque and that employees are paid promptly on the scheduled payday. In the unlikely event that there is an error in the amount of pay, the employee should promptly bring the discrepancy to the attention of the Administrator so that corrections can be made as quickly as possible. • • Personnel Policy 39 village of Port Burwell Schedule "A" Bylaw 97-06 407 PAY DEDUCTIONS AND SETOFFS The law requires that the Municipality make certain deductions from every employee's compensation. Among these are applicable Federal and Provincial income taxes. The Municipality also must deduct Unemployment Insurance on each employee's earnings up to a specified limit stipulated by legislation. The Municipality remits 1.4 times the amount of Unemployment Insurance paid by each employee. The Municipality also must deduct Canada Pension on each employee's earnings up to a specified limit stipulated by legislation. The Municipality remits an equal amount of Canada Pension paid by each employee. Membership in OMERS is obligatory and is deducted from each employee's pay cheque. The municipality remits an equal amount each month. The Municipality offers programs and benefits beyond those required by law. Eligible employees may voluntarily authorize deductions from their pay cheques to cover the costs of participation in these programs. Pay setoffs are pay deductions taken by the Municipality, usually to help pay off a debt or obligation to the Municipality or others. If you have questions concerning why deductions were made from your pay cheque or how they were calculated, your supervisor can assist in having your questions answered. Personnel Policy 40 Village of Port Burwell Schedule "A" Bylaw 97-06 501 SAFETY To assist in providing a safe and healthful work environment for employees, customers, and visitors, the Municipality has established a workplace safety program. This program is a top priority for the Municipality. The Administrator has responsibility for implementing, administering, monitoring, and evaluating the safety program. Its success depends on the alertness and personal commitment of all. The Municipality provides information to employees about workplace safety and health issues through regular internal communication channels such as supervisor-employee meetings, bulletin board postings, memos, or other written communications. Employees and supervisors receive periodic workplace safety training. The training covers potential safety and health hazards and safe work practices and procedures to eliminate or minimize hazards. Some of the best safety improvement ideas come from employees. Those with ideas, concerns, or suggestions for improved safety in the workplace are encouraged to raise them with their supervisor, or with another supervisor or manager, or bring them to the attention of the Administrator. Reports and concerns about workplace safety issues may be made anonymously if the employee wishes. All reports can be made without fear of reprisal. Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must immediately report any unsafe condition to the appropriate supervisor. Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations, may be subject to disciplinary action, up to and including termination of employment. In the case of accidents that result in injury, regardless of how insignificant the injury may appear, employees should immediately notify the Administrator or the appropriate supervisor. Such reports are necessary to comply with laws and initiate insurance and workers' compensation benefits procedures. Personnel Policy 41 Village of Port Burwell Schedule "A" Bylaw 97-06 502 WORK SCHEDULES The normal work schedule for Office Staff is seven hours a day, five days a week. The normal work schedule for Public Works and Utilities Staff is eight hours a day, five days a week. Supervisors will advise employees of the times their schedules will normally begin and end. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week. Flexible scheduling, or flextime, is available in some cases to allow employees to vary their starting and ending times each day within established limits. Flextime may be possible if a mutually workable schedule can be negotiated with the supervisor involved. However, such issues as staffing needs, the employee's performance, and the nature of the job will be considered before approval of flextime. Employees should consult their supervisor to request participation in the flextime program. Personnel Policy 42 Villa�(e of Port Burwell Schedule "A" Bylaw 97-06 503 USE OF PHONE AND MAIL SYSTEMS Employees may be required to reimburse the Municipality for any charges resulting from their personal use of the telephone. The mail system is reserved for business purposes only. Employees should refrain from sending or receiving personal mail at the workplace. To ensure effective telephone communications, employees should always use the approved greeting and speak in a courteous and professional manner. Please confirm information received from the caller, and hang up only after the caller has done so. Personnel Policy 43 Vil�a�e of Port Burwell Schedule "A" Bylaw 97-06 504 SMOKING In keeping with the Municipality's intent to provide a safe and healthful work environment, smoking is prohibited throughout the workplace. This policy applies equally to all employees, customers, and visitors. Personnel Policy 44 Village of Port Burwell Schedule "A" Bylaw 97-06 505 REST AND MEAL PERIODS Each workday employees are provided with two rest periods of fifteen minutes in length. To the extent possible, rest periods will be provided in the middle of work periods. Since this time is counted and paid as time worked, employees must not be absent from their work stations beyond the allotted rest period time. All employees are provided with one meal period of 60 minutes in length each workday. Supervisors will schedule meal periods to accommodate operating requirements. Employees will be relieved of all active responsibilities and restrictions during meal periods and will not be compensated for that time. Personnel Policy 45 Village of Port Burwell Schedule `.A" Bylaw 97-06 506 OVERTIME When operating requirements or other needs cannot be met during regular working hours,employees may be scheduled to work overtime hours. When possible, advance notification of these mandatory assignments will be provided. All overtime work must receive the supervisor's prior authorization. Overtime assignments will be distributed as equitably as practical to all employees qualified to perform the required work. Overtime compensation is paid to all employees in accordance with Federal and Provincial wage and hour restrictions. Overtime pay is based on actual hours worked. Time off on sick leave, vacation leave, or any leave of absence will not be considered hours worked for purposes of performing overtime calculations. Failure to work assigned overtime may result in disciplinary action, up to and including possible termination of employment. Employees required to be on call during winter months (December 1 - March 31) for emergency situations will be compensated for being on stand-by at a flat rate of$70.00 for a seven day period and paid at overtime rates based on actual hours worked with a minimum of two hours charged per each occurrence. Personnel Policy 46 laQe of Port Burwell Schedule "A" Bylaw 97-06 507 USE OF VEHICLES Vehicles essential in accomplishing job duties are expensive and may be difficult to replace. When using property, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines. Please notify the supervisor if any vehicle appears to be damaged, defective, or in need of repair. Prompt reporting of damages, defects, and the need for repairs could prevent deterioration of equipment and possible injury to employees or others. The supervisor can answer any questions about an employee's responsibility for maintenance and care of vehicles used on the job. The improper, careless, negligent, destructive, or unsafe use or operation of vehicles, as well as excessive or avoidable traffic and parking violations, can result in disciplinary action, up to and including termination of employment. Vehicles owned, leased, or rented by the Municipality may not be used for personal use without prior approval. Personnel Policy 47 village of Port Burwell Schedule "A" Bylaw 97-06 508 EMERGENCY CLOSINGS At times, emergencies such as severe weather, fires, power failures, or earthquakes, can disrupt company operations. In extreme cases, these circumstances may require the closing of a work facility. When operations are officially closed clue to emergency conditions, the time off from scheduled work will be paid. Personnel Policy 48 Villaije of Port Burwell Schedule "A" Bylaw 97-06 509 BUSINESS TRAVEL EXPENSES The Municipality will reimburse employees for reasonable business travel expenses incurred while on assignments away from the normal work location. All business travel must be approved in advance by the Administrator. Employees whose travel plans have been approved are responsible for making their own travel arrangements. When approved, the actual costs of travel, meals, lodging, and other expenses directly related to accomplishing business travel objectives will be reimbursed by the Municipality. Employees are expected to limit expenses to reasonable amounts. Employees who are involved in an accident while travelling on business must promptly report the incident to their immediate supervisor. Cash advances to cover reasonable anticipated expenses may be made to employees, after travel has been approved. Employees should submit a written request to their supervisor when travel advances are needed. With prior approval, employees on business travel may be accompanied by a family member or friend, when the presence of a companion will not interfere with successful completion of business objectives. Generally, employees are also permitted to combine personal travel with business travel, as long as time away from work is approved. Additional expenses arising from such non-business travel are the responsibility of the employee. When travel is completed,employees should submit completed travel expense reports within 30 days. Reports should be accompanied by receipts for all individual expenses. Employees should contact their supervisor for guidance and assistance on procedures related to travel arrangements, travel advances, expense reports, reimbursement for specific expenses, or any other business travel issues. Abuse of this business travel expenses policy, including falsifying expense reports to reflect costs not incurred by the employee, can be grounds for disciplinary action, up to and including termination of employment. Personnel Policy 49 Villa/Le of Port Burwell Schedule "A" Bylaw 97-06 510 VISITORS IN THE WORKPLACE To provide for the safety and security of employees and the facilities at the Municipality, only authorized visitors are allowed in the workplace. Restricting unauthorized visitors helps maintain safety standards, protects against theft, ensures security of equipment, protects confidential information, safeguards employee welfare, and avoids potential distractions and disturbances. Because of safety and security reasons,family and friends of employees are discouraged from visiting. In cases of emergency, employees may be called to meet any visitor outside their work area. All visitors should enter the Office at the Main Entrance. Authorized visitors will receive directions or be escorted to their destination. Employees are responsible for the conduct and safety of their visitors. If an unauthorized individual is observed in the Municipality's work areas, employees should immediately notify their supervisor or, if necessary, direct the individual to the Administrator/Clerk- Treasurer. Personnel Policy 50 Village of Port Burwell Schedule "A" Bylaw 97-06 511 COMPUTER AND E-MAIL USAGE Computers, computer files, the E-mail system, and software furnished to employees are the Municipality's property intended for business use. Employees should not use a password, access a file, or retrieve any stored communication without authorization. To ensure compliance with this policy, computer and E-mail usage may be monitored. The Municipality strives to maintain a workplace free of harassment and sensitive to the diversity of its employees. Therefore, the Municipality prohibits the use of computers and the E-mail system in ways that are disruptive, offensive to others, or harmful to morale. For example, the display or transmission of sexually explicit images, messages, and cartoons is not allowed. Other such misuse includes, but is not limited to, ethnic slurs, racial comments, off-color jokes, or anything that may be construed as harassment or showing disrespect for others. E-mail may not be used to solicit others for commercial ventures, religious or political causes, outside organizations, or other non-business matters. The Municipality purchases and licenses the use of various computer software for business purposes and does not own the copyright to this software or its related documentation. Unless authorized by the software developer, the Municipality does not have the right to reproduce such software for use on more than one computer. Employees may only use software on local area networks or on multiple machines according to the software license agreement. The Municipality prohibits the illegal duplication of software and its related documentation. Employees should notify their immediate supervisor, the Administrator or any member of management upon learning of violations of this policy. Employees who violate this policy will be subject to disciplinary action, up to and including termination of employment. Personnel Policy 51 v illade of Port Burwell Schedule "A" $Slaw 97-06 512 WORKPLACE MONITORING Workplace monitoring may be conducted by the Municipality to ensure quality control, employee safety, security, and customer satisfaction. Computers furnished to employees are the property of the Municipality. As such, computer usage and files may be monitored or accessed. The Municipality may conduct video surveillance of non-private workplace areas. Video monitoring may be used to identify safety concerns, maintain quality control, detect theft and misconduct, and discourage or prevent acts of harassment and workplace violence. Employees can request access to information gathered through workplace monitoring that may impact employment decisions. Access will be granted unless there is a legitimate business reason to protect confidentiality or an ongoing investigation. Because the Municipality is sensitive to the legitimate privacy rights of employees, every effort will be made to guarantee that workplace monitoring is done in an ethical and respectful manner. Personnel Policy 52 Village of Port Burwell Schedule "A" Bylaw 97-06 513 TELECOMMUTING Telecommuting is the practice of working at home or at a site near the home instead of physically travelling to a central workplace. It is a work alternative that the Municipality may offer to some employees when it would benefit both the organization and the employee. Employees who believe telecommuting can enhance their ability to get the job done should submit a written request to their managers proposing how it will benefit the Municipality and themselves. The request should explain how they will be accountable and responsible, what equipment is necessary, and how communication barriers will be overcome. The decision to approve a telecommuting arrangement will be based on factors such as position and job duties, performance history, related work skills, and the impact on the organization. The employee's compensation, benefits, work status, work responsibilities, and the amount of time the employee is expected to work per day or per pay period will not change due to participation in the telecommuting program (unless otherwise agreed upon in writing). The employee's at-home work hours will conform to a schedule agreed upon by the employee and his or her supervisor. If such a schedule has not been agreed upon, the employee's work hours will be assumed to be the same as theywere before the employee telecommuting. Changes to this begang schedule must be reviewed and approved in advance by the employee's supervisor. During working hours, the employee's at-home work space will be considered an extension of the Municipality's work space.Therefore, workers'compensation benefits may be available for job-related accidents that occur in the employee's at-home work space during working hours. All job-related accidents will be investigated immediately. In the case of an injury while working at home, the employee will report the injury to the Administrator as soon as possible. The Municipality assumes no responsibility for injuries occurring in the employee's at-home work space outside the agreed-upon work hours. The employee agrees to maintain safe conditions in the at- home work space and to practice the same safety habits as those followed on the Municipality's premises. Telecommuting is an alternative method of meeting the needs of the organization and is not a universal employee benefit. As such, the Municipality has the right to refuse to make telecommuting available to an employee and to terminate a telecommuting arrangement at any time. Personnel Policy 53 Villafie of Port Burwell Schedule "A" Bylaw 97-06 601 SICK LEAVE The municipality provides paid sick leaves of absence to eligible employees. Absences due to illness, doctor's and dentist appointments are eligible incidences for sick leave benefits. The Municipality does not require a doctor's note for absences of short duration (up to three days). Employees in the following employment classifications are eligible to request sick leave as described in this policy: Regular full-time employees Regular part-time employees, based on usual hours worked for that day Employees must notify their supervisor in advance of scheduled appointments and at the start of the work day for unforeseen absences. Eligible employees are granted up to twelve sick days per year and are not cumulative. Benefit accruals, such as vacation and holiday benefits, will continue during the approved sick leave period. Personnel Policy 54 Village of Port Burwell Schedule "A" Bylaw 97-06 602 MEDICAL LEAVE The Municipality provides paid medical leaves of absence to eligible employees who are temporarily unable to work due to a serious health condition or disability. For purposes of this policy, serious health conditions or disabilities include inpatient care in a hospital, hospice, or residential medical care facility; continuing treatment by a health care provider; and temporary disabilities associated with pregnancy, childbirth, and related medical conditions. Employees in the following employment classifications are eligible to request medical leave as described in this policy: Regular full-time employees Regular part-time employees, based on average weekly hours Eligible employees may request medical leav,e only after having completed 90 calendar days of service. Exceptions to the service requirement will be considered to accommodate disabilities. Eligible employees should make requests for medical leave to their supervisors at least 30 days in advance of foreseeable events and as soon as possible for unforeseeable events. A health care provider's statement must be submitted verifying the need for medical leave and its beginning and expected ending dates. Any changes in this information should be promptly reported to the Municipality. Employees returning from medical leave must submit a health care provider's verification of their fitness to return to work. Eligible employees are normally granted leave for the period of the disability, up to a maximum of one week within any six month period. Any combination of medical leave and family leave may not exceed this maximum limit. If the initial period of approved absence proves insufficient, consideration will he given to a request for an extension. Employees will be required to first use any accrued paid leave time before taking unpaid medical leave. Employees who sustain work-related injuries are eligible for a medical leave of absence for the period of disability in accordance with all applicable laws covering occupational disabilities. Subject to the terms, conditions, and limitations of the applicable plans, the Municipality will continue to provide health insurance benefits for the full period of the approved medical leave. Benefit accruals, such as vacation, sick leave, and holiday benefits,will continue during the approved medical leave period. Personnel Policy 55 Villate of Port Burwell Schedule "A" Bylaw 97-06 So that an employee's return to work can be properly scheduled, an employee on medical leave is requested to provide the Municipality with at least two weeks advance notice of the date the employee intends to return to work. When a medical leave ends, the employee will be reinstated to the same position, if it is available, or to an equivalent position for which the employee is qualified. If an employee fails to report to work promptly at the end of the medical leave, the Municipality will assume that the employee has resigned. Personnel Policy 56 Village of Port Burwell Schedule "A" Bylaw 97-06 603 FAMILY LEAVE The Municipality provides family leaves of absence to eligible employees who wish to take time off from work duties to fulfil family obligations relating directly to childbirth, adoption, or placement of a foster child; or to care for a child, spouse, or parent with a serious health condition. A serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider. Employees in the following employment classifications are eligible to request family leave as described in this policy: Regular full-time employees Regular part-time employees, based on average weekly hours Eligible employees may request family leave only after having completed 90 calendar days of service. Eligible employees should make requests for family leave to their supervisors at least 30 days in advance of foreseeable events and as soon as possible for unforeseeable events. Employees requesting family leave related to the serious health condition of a child,spouse, or parent may be required to submit a health care provider's statement verifying the need for a family leave to provide care, its beginning and expected ending dates, and the estimated time required. Eligible employees may request up to a maximum of 12 weeks of family leave within any 12 month period. Any combination of family leave and medical leave may not exceed this maximum limit. Employees will be required to first use any accrued paid leave time before taking unpaid family leave. Married employee couples may be restricted to a combined total of 12 weeks leave within any 12 month period for childbirth, adoption, or placement of a foster child; or to care for a parent with a serious health condition. Subject to the terms, conditions, and limitations of the applicable plans, the Municipality will continue to provide health insurance benefits for the full period of the approved family leave. Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during the leave and will resume upon return to active employment. So that an employee's return to work can be properly scheduled, an employee on family leave is requested to provide the Municipality with at least two weeks advance notice of the date the employee Personnel Policy 57 Village of Port Burwell Schedule "A" Bylaw 97-06 intends to return to work. When a family leave ends, the employee will be reinstated to the same position, if it is available, or to an equivalent position for which the employee is qualified. If an employee fails to report to work promptly at the end of the approved leave period, the Municipality will assume that the employee has resigned. Personnel Policy 58 Village of Port Burwell Schedule "A" Bylaw 97-06 604 PERSONAL LEAVE The Municipality provides leaves of absence without pay to eligible employees who wish to take time off from work duties to fulfil personal obligations. Employees in the following employment classification(s) are eligible to request personal leave as described in this policy: Regular full-time employees Regular part-time employees, based on average weekly hours Eligible employees may request personal leave only after having completed 730 calendar days of service. As soon as eligible employees become aware of the need for a personal leave of absence, they should request a leave from their supervisor. Personal leave may be granted for a period of up to 90 calendar days every two years. If this initial period of absence proves insufficient, consideration will be given to a written request for a single extension of no more than 30 calendar days. With the supervisor's approval, an employee may take any available sick leave or vacation leave as part of the approved period of leave. Requests for personal leave using accumulated overtime will be evaluated based on a number of factors,including anticipated work load requirements and staffing considerations during the proposed period of absence. Subject to the terms, conditions, and limitations of the applicable plans, health insurance benefits will be provided by the Municipality until the end of the month in which the approved personal leave begins. At that time, employees will become responsible for the full costs of these benefits if they wish coverage to continue. When the employee returns from personal leave, benefits will again be provided by the Municipality according to the applicable plans. Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during the leave and will resume upon return to active employment. When a personal leave ends, every reasonable effort will be made to return the employee to the same position, if it is available, or to a similar available position for which the employee is qualified. However, the Municipality cannot guarantee reinstatement in all cases. If an employee fails to report to work promptly at the expiration of the approved leave period, the Municipality will assume the employee has resigned. • Personnel Policy 59 Village of Port Burwell Schedule "A" Bylaw 97-06 605 EDUCATIONAL LEAVE The Municipality provides educational leaves of absence without pay to eligible employees who wish to take time off from work duties to pursue course work that is applicable to their job duties with the Municipality. Employees in the following employment classification(s) are eligible to request educational leave as described in this policy: Regular full-time employees Regular part-time employees, based on average weekly hours Eligible employees who have completed three calendar years of service may request educational leave for a period of up to one month every three years. Requests will be evaluated based on a number of factors,including anticipated work load requirements and staffing considerations during the proposed period of absence. Subject to the terms, conditions, and limitations of the applicable plans, the Municipality will continue to provide health insurance benefits for the full period of the approved educational leave. Vacation, sick leave, and holiday benefits will continue to accrue during the approved educational leave. When an educational leave ends, every reasonable effort will be made to return the employee to the same position, if it is available, or to a similar available position for which the employee is qualified. If an employee fails to report to work at the end of the approved leave period, the Municipality will assume that the employee has resigned. Personnel Policy 60 \'illade of Port Burwell Schedule "A" Bylaw 97-06 606 PREGNANCY DISABILITY LEAVE The Municipality provides pregnancy disability leaves of absence without pay to eligible employees who are temporarily unable to work due to a disability related to pregnancy, childbirth, or related medical conditions. Employees in the following employment classifications are eligible to request pregnancy disability leave as described in this policy: Regular full-time employees Regular part-time employees, based on average weekly hours Employees should make requests for pregnancy disability leave to their supervisors at least 30 days in advance of foreseeable events and as soon as possible for unforeseeable events. A health care provider's statement must be submitted verifying the need for pregnancy disability leave and its beginning and expected ending dates. Any changes in this information should be promptly reported to the Municipality. Employees returning from pregnancy disability leave must submit a health care provider's verification of their fitness to return to work. Employees are normally granted unpaid leave for the period of the disability, up to a maximum of 24 weeks within any 12 month period. Employees may substitute any accrued paid leave time for unpaid leave as part of the pregnancy disability leave period. Subject to the terms, conditions, and limitations of the applicable plans, the Municipality will continue to provide health insurance benefits for the full period of the approved pregnancy disability leave. Benefit accruals, such as vacation, sick leave, and holiday benefits, will continue during the approved pregnancy disability leave period. So that an employee's return to work can be properly scheduled, an employee on pregnancy disability leave is requested to provide the Municipality with at least two weeks advance notice of the date she intends to return to woik. When a pregnancy disability leave ends, the employee will be reinstated to the same position, unless either the job ceased to exist because of legitimate business reasons or each means of preserving the job would substantially undermine the ability to operate the Municipality safely.and efficiently. If Personnel Policy 61 Village ofPort Burwell Schedule "A" Bylaw 97-06 the same position is not available, the employee will be offered a comparable position in terms of such issues as pay, location, job content, and promotional opportunities. If an employee fails to report to work promptly at the end of the pregnancy disability leave, the Municipality will assume that the employee has resigned. Personnel Policy. 62 Village of Port Burwell Schedule "A" Bylaw 97-06 701 EMPLOYEE CONDUCT AND WORK RULES To ensure orderly operations and provide the best possible work environment, the Municipality expects employees to follow rules of conduct that will protect the interests and safety of all employees and the organization. It is not possible to list all the forms of behaviour that are considered unacceptable in the workplace. The following are examples of infractions of rules of conduct that may result in disciplinary action, up to and including termination of employment: Theft or inappropriate removal or possession of property Falsification of timekeeping records Working under the influence of alcohol or illegal drugs Possession, distribution, sale, transfer, or use of alcohol or illegal drugs in the workplace, while on duty, or while operating employer-owned vehicles or equipment • Fighting or threatening violence in the workplace Boisterous or disruptive activity in the workplace Negligence or improper conduct leading to damage of employer-owned or customer-owned property Insubordination or other disrespectful conduct • Violation of safety or health rules Personnel Policy 63 Village of Port Burwell Schedule "A" Bylaw 97-06 Smoking in prohibited areas Sexual or other unlawful or unwelcome harassment Possession of dangerous or unauthorized materials, such as explosives or firearms, in the workplace Excessive absenteeism or any absence without notice Unauthorized use of telephones, mail system, or other employer-owned equipment Unauthorized disclosure of business "secrets" or confidential information Violation of personnel policies Unsatisfactory performance or conduct Employment with the Municipality is at the mutual consent of the Municipality and the employee, and either party may terminate that relationship at any time, with or without cause, and with or without advance notice. Personnel Policy 64 Village of Port Burwell Schedule ..A" Bylaw 97-06 702 DRUG AND ALCOHOL USE It is the Village of Port Burwell's desire to provide a drug-free, healthful, and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a satisfactory manner. While on the Village of Port Burwell premises and while conducting business-related activities off Village of Port Burwell premises, no employee may use, possess, distribute, sell, or be under the influence of alcohol or illegal drugs. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace. Violations of this policy may lead to disciplinary action, up to and including immediate termination of employment, and/or required participation in a substance abuse rehabilitation or treatment program. Such violations may also have legal consequences. Employees with questions or concerns about substance dependency or abuse are encouraged to discuss these matters with their supervisor or the Administrator to receive assistance or referrals to appropriate resources in the community. Employees with drug or alcohol problems that have not resulted in,and are not the immediate subject of, disciplinary action may request approval to take unpaid time off to participate in a rehabilitation or treatment program. Leave may be granted if the employee agrees to abstain from use of the problem substance; abides by all municipal policies, rules,and prohibitions relating to conduct in the workplace; and if granting the leave will not cause The Village of Port Burwell any undue hardship. Under the Drug-Free Workplace Act, an employee who performs work for a government contract or grant must notify The Village of Port Burwell of a criminal conviction for drug-related activity occurring in the workplace. The report must be made within five days of the conviction. Employees with questions on this policy or issues related to drug or alcohol use in the workplace should raise their concerns with their supervisor or the Administrator without fear of reprisal. Personnel Policy 65 Village uE Port Burwell Schedule "A" Bylaw 97-06 703 SEXUAL AND OTHER UNLAWFUL HARASSMENT The Village of Port Burwell is committed to providing a work environment that is free of discrimination and unlawful harassment. Actions, words, jokes, or comments based on an individual's sex, race, ethnicity, age, religion, or any other legally protected characteristic will not be tolerated. As an example, sexual harassment (both overt and subtle) is a form of employee misconduct that is demeaning to another person, undermines the integrity of the employment relationship, and is strictly prohibited. Any employee who wants to report an incident of sexual or other unlawful harassment should promptly report the matter to his or her supervisor. If the supervisor is unavailable or the employee believes it would be inappropriate to contact that person, the employee should immediately contact the Administrator or any other member of management. Employees can raise concerns and make reports without fear of reprisal. Any supervisor or manager who becomes aware of possible sexual or other unlawful harassment should promptly advise the Administrator or any member of management who will handle the matter in a timely and confidential manner. Anyone engaging in sexual or other unlawful harassment will be subject to disciplinary action, up to and including termination of employment. Personnel Policy 66 Village of Port Burwell Schedule "A" Bylaw 97-06 704 AU hNDANCE AND PUNCTUALITY To maintain a safe and productive work environment, the Village of Port Burwell expects employees to be reliable and to be punctual in reporting for scheduled work. Absenteeism and tardiness place a burden on other employees and on the Village of Port Burwell. In the rare instances when employees cannot avoid being late to work or are unable to work as scheduled, they should notify their supervisor as soon as possible in advance of the anticipated tardiness or absence. Poor attendance and excessive tardiness are disruptive. Either may lead to disciplinary action, up to and including termination of employment. Personnel Policy 67 Village of Port Burwell Schedule "A" Bylaw 97-06 705 PERSONAL APPEARANCE Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and affect the business image the Village of Port Burwell presents to customers and visitors. During business hours, employees are expected to present a clean and neat appearance and to dress according to the requirements of their positions. Employees who appear for work inappropriately dressed will be sent home and directed to return to work in proper attire. Under such circumstances, employees will not be compensated for the time away from work. Consult your supervisor or department head if you have questions as to what constitutes appropriate attire. • Personnel Policy 68 Village of Port Burwell Schedule 'IA" Bylaw 97-Oh 706 RETURN OF PROPERTY Employees are responsible for all property, materials, or written information issued to them or in their possession or control. Employees must return all the Village of Port Burwell property immediately upon request or upon termination of employment. Personnel Policy 69 Villade of Port Burwell Schedule "A" Bylaw 97-06 707 RESIGNATION Resignation is a voluntary act initiated by the employee to terminate employment with the Village of Port Burwell. Although advance notice is not required, the Village of Port Burwell requests at least two weeks' written resignation notice from all employees. Prior to an employee's departure, an exit interview will be scheduled to discuss the reasons for resignation and the effect of the resignation on benefits. Personnel Policy 70 Village of Port Burwell Schedule''A" Bylaw 97-06 708 SECURITY INSPECTIONS The Village of Port Burwell wishes to maintain a work environment that is free of illegal drugs, alcohol, firearms, explosives, or other improper materials. To this end, the Village of Port Burwell prohibits the possession, transfer, sale, or use of such materials on its premises. The Village of Port Burwell requires the cooperation of all employees in administering this policy. Desks, lockers, and other storage devices may be provided for the convenience of employees but remain the sole property of the Village of Port Burwell. Accordingly, they, as well as any articles found within them, can be inspected by any agent or representative of the Village of Port Burwell at any time, either with or without prior notice. The Village of Port Burwell likewise wishes to discourage theft or unauthorized possession of the property of employees,the Village of Port Burwell,visitors,and customers. To facilitate enforcement of this policy, the Village of Port Burwell or its representative may inspect not only desks and lockers but also persons entering and/or leaving the premises and any packages or other belongings. Any employee who wishes to avoid inspection of any articles or materials should not bring such items onto the Village of Port Burwell's premises. Personnel Policy 71 Villa/de of Port Burwell Schedule "A" Bylaw 97-06 709 SOLICITATION In an effort to assure a productive and harmonious work environment, persons not employed by the Village of Port Burwell may not solicit or distribute literature in the workplace at any time for any purpose. The Village of Port Burwell recognizes that employees may have interests in events and organizations outside the workplace. However, employees may not solicit or distribute literature concerning these activities during working time. (Working time does not include lunch periods, work breaks, or any other periods in which employees are not on duty.) Examples of impermissible forms of solicitation include: The collection of money, goods, or gifts for community groups The collection of money, goods, or gifts for charitable groups In addition, the posting of written solicitations on company bulletin boards is restricted. These bulletin boards display important information, and employees should consult them frequently for: Employee announcements Internal memoranda Job openings Organization announcements Payday notice Workers' compensation insurance information Provincial disability insurance/unemployment insurance information If employees have a message of interest to the workplace, they may submit it to the Administrator for approval. All approved messages wih be posted by the Administrator. Personnel Policy 72 Village of Port Burwell Schedule "A" Bylaw 97-06 710 DRUG TEETINCi The Village of Port Burwell is committed to providing a safe, efficient, and productive work environment for all employees. Using or being under the influence of drugs or alcohol on the job may pose serious safety and health risks. To help ensure a safe and healthful working environment, employees may be asked to provide body substance samples (such as urine and/or blood) to determine the illicit or illegal use of drugs and alcohol. Refusal to submit to drug testing may result in disciplinary action, up to and including termination of employment. Copies of the drug testing policy will be provided to all employees. Employees will be asked to sign an acknowledgement form indicating that they have received a copy of the drug testing policy. Questions concerning this policy or its administration should be directed to the Administrator. • Personnel Policy 73 Villai/e of Port Burwell Schedule "A" Bylaw 97-06 711 PROGRESSIVE DISCIPLINE The purpose of this policy is to state the Village of Port Burwell's position on administering equitable and consistent discipline for unsatisfactory conduct in the workplace. The best disciplinary measure is the one that does not have to be enforced and comes from good leadership and fair supervision at all employment levels. Municipality's own best interest lies in ensuring fair treatment of all employees and in making certain that disciplinary actions are prompt, uniform, and impartial. The major purpose of any disciplinary action is to correct the problem, prevent recurrence, and prepare the employee for satisfactory service in the future. Although employment with the Village is based on mutual consent and both the employee and the Village have the right to terminate employment at will, with or without cause or advance notice, the Village may use progressive discipline at its discretion. • Disciplinary action may call for any of four steps --verbal warning, written warning, suspension with or without pay, or termination of employment -- depending on the severity of the problem and the number of occurrences. There may be circumstances when one or more steps are bypassed. Progressive discipline means that, with respect to most disciplinary problems, these steps will normally be followed: a first offense may call for a verbal warning; a next offense may be followed by a written warning; another offense may lead to a suspension; and, still another offense may then lead to termination of employment. The Village recognizes that there are certain types of employee problems that are serious enough to justify either a suspension, or, in extreme situations, termination of employment, without going through the usual progressive discipline steps. While it is impossible to list every type of behaviour that may be deemed a serious offense, the EMPLOYEE CONDUCT AND WORK RULES policy includes examples of problems that may result in immediate suspension or termination of employment. However, the problems listed are not all necessarily serious offenses, but may be examples of unsatisfactory conduct that will trigger progressive discipline. By using progressive discipline, we hope that most employee problems can be corrected at an early stage, benefiting both the employee and the Municipality. Personnel Policy 74 Village of Port Burwell Schedule "A" Bylaw 97-ots 712 PROBLEM RESOLUTION The Municipality is committed to providing the best possible working conditions for its employees. Part of this commitment is encouraging an open and frank atmosphere in which any problem, complaint, suggestion, or question receives a timely response from the Municipality supervisors and management. The Municipality strives to ensure fair and honest treatment of all employees. Supervisors, managers, and employees are expected to treat each other with mutual respect. Employees are encouraged to offer positive and constructive criticism. If employees disagree with established rules of conduct, policies, or practices, they can express their concern through the problem resolution procedure. No employee will be penalized, formally or informally, for voicing a complaint with the Municipality in a reasonable, business-like manner, or for using the problem resolution procedure. If a situation occurs when employees believe that a condition of employment or a decision affecting them is unjust or inequitable, they are encouraged to make use of the following steps. The employee may discontinue the procedure at any step. 1. Employee presents problem to immediate supervisor after incident occurs. If supervisor is unavailable or employee believes it would be inappropriate to contact that person, employee may present problem to Administrator. 2. Supervisor responds to problem during discussion or after consulting with appropriate management, when necessary. Supervisor documents discussion. 3. Employee presents problem to Administrator if problem is unresolved. 4. The Administrator counsels and advises employee, assists in putting problem in writing, visits with employee's manager(s), if necessary, and directs employee to Council for review of problem. 5. Employee presents problem to Appeals Committee in writing. 6. Appeals Committee reviews and considers problem. Appeals Committee informs employee of decision and forwards copy of written response to the Administrator for employee's file. The Appeals Committee has full authority to make any adjustment deemed appropriate to resolve the problem. • Personnel Policy 75 Village of Port Burwell Schedule "A" Bylaw 97-06 Problems, disputes, or claims not resolved through the preceding problem resolution steps are subject to final and binding arbitration. The arbitration proceeding will be conducted by a committee under the Employment Dispute Resolution Rules. The decision or award of the Arbitrator made under these rules is exclusive, final, and binding on both parties, their beneficiaries, executors, administrators, successors, and assigns. Employees who choose to use the arbitration process to resolve a problem will be expected to share the cost of the arbitration proceeding with the Municipality. A complete description of the arbitration procedure is available from the Administrator for review. Not every problem can be resolved to everyone's total satisfaction, but only through understanding and discussion of mutual problems can employees and management develop confidence in each other. This confidence is important to the operation of an efficient and harmonious work environment, and helps to ensure everyone's job security. Personnel Policy 76 Village of Port Burwell Schedule "A" Bylaw 97-06 801 LIFE-THREATENING ILLNESSES IN THE WORKPLACE Employees with life-threatening illnesses, such as cancer, heart disease, and AIDS, often wish to continue their normal pursuits, including work, to the extent allowed by their condition. The Municipality supports these endeavours as long as employees are able to meet acceptable performance standards. As in the case of other disabilities, the Municipality will make reasonable accommodations in accordance with all legal requirements, to allow qualified employees with life-threatening illnesses to perform the essential functions of their jobs. Medical information on individual employees is treated confidentially. The Municipality will take reasonable precautions to protect such information from inappropriate disclosure. Managers and other employees have a responsibility to respect and maintain the confidentiality of employee medical information. Anyone inappropriately disclosing such information is subject to disciplinary action, up to and including termination of employment. Employees with questions or concerns about life-threatening illnesses are encouraged to contact the Administrator for information and referral to appropriate services and resources. Personnel Policy 77 \Titlade of Port Burwell Schedule "A" Bylaw 97-06 802 RECYCLING The Municipality supports environmental awareness by encouraging recycling and waste management in its business practices and operating procedures. This support includes a commitment to the purchase, use, and disposal of products and materials in a manner that will best utilize natural resources and minimize any negative impact on the earth's environment. Special recycling receptacles have been set up to promote the separation and collection of the following recyclable materials at the Municipality: computer paper white high grade or bond paper ledger paper mixed or coloured paper newspaper corrugated cardboard brown paper bags aluminum brass copper iron steel tin wire glass plastics motor oil tires printer cartridges The simple act of placing a piece of paper, can, or bottle in a recycling container is the first step in reducing demand on the earth's limited resources. Success of this program depends on active participation by all of us. Employees are encouraged to make a commitment to recycle and be a part of this solution. The Municipality encourages reducing and,when possible,eliminating the use of disposable products. Source reduction decreases the consumption of valuable resources through such workplace practices as: Personnel Policy 78 Village of Port Burwell Schedule "A" Bylaw 97-06 communication through computer networks with E-mail posting memos for all employees two-sided photocopying computerized business forms routing slips for reports minimum packaging eliminating fax cover sheets reusing paper clips, folders, and binders reusing packaging material reusing wooden pallets turning off lights when not in use Whenever possible, employees of the Municipality are encouraged to purchase products for the workplace that contain recycled or easily recyclable materials. Buying recycled products supports recycling and increases the markets for recyclable materials. By recycling, the Municipality is helping to solve trash disposal and control problems facing all of us today. If you have any questions or new ideas and suggestions for the recycling program contact the Administrator. Personnel Policy 79 . -----4erv01,57 4 The Corporation of the Village of Port Burwell Post Office Box #10 : 21 Pitt Street Port Burwell, Ontario By-Law 97-08 Being a By-Law to authorize the Reeve and the Acting Clerk to enter into an Agreement with the Department of Fisheries and Oceans for the lease of Harbour Lands. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102, as amended, provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. and; WHEREAS the Council of the Village of Port Burwell deems it necessary to enter into an Agreement with the Department of Fisheries and Oceans for the lease of Harbour Lands for the operation of the municipal marina facilities described in Schedule "A" attached hereto. The Council of the Village of Port Burwell hereby directs the Reeve and Acting Clerk to execute the attached Lease Agreement as presented by the Department of Fisheries & Oceans. Read a first and s.•. d time this 9th .ay of December, 1997. /1. �i A Reeve ,4 Acting Clerk Read a third t.- e and '' y ..sse. this 29th day of December, 1997. /I� . •/7 4J_..1 Re Acting Clerk -02-17-98 09:56AM FROM MEDSHIRE SERVICES TO 15198663884 P002/002 Published &Printed by Hardtowititha 519874-4545 Harbour Lights - fax 874-1079 Box 179 Port Burwell ON COMMUNITY NEWS NOJ ITO Email at A Week in the Otter Valley - harilte@kanservu.ca Editor rn Spicer Circulationstill a stand alone commui 117 .•.. G. Al113f1_ l OC -Vol.4 Issue 144 Port Burwell and the Otter Valley — Jan. 10, 1998 DECEMBER 29, 1997 I —What's Happening THE LAST COUNCIL MEETING 1 Jan. 11- Jan. 18 IN PORT BURWELL Sunday Just a Shell the federal harbour lands, for instance C/x'vtriSefWeS There were not enough chairs to go the heliport. St.Joseph's 10:30 am Mass around. Most of the computers and Councillors were concerned that the desks were gone. Some files had pot agrement did not include extra lighting Vienna tithed 11:00 am vim yet been removed. The once busy of- on the east pkr. Councillor Bradfield St.Luke's Aeglicrn 11:00 am vie... face and meeting place had been re- noted that this was not the final agree- duced to a shell. Gone was the usual mens which formally lays out resurfa banter. Council's subdued tone re- cing and conduits for lighting. The fl- Monday Rcac�-�id�cr onlyflected the sad reality of our dlsap- nal agreement will be executed by the Tuesday Wednesday pearsnoe from the political map. What new municipality. Bradfield urged Ma- Thursday Friday came through was concernby Port son to follow up by contacting D.F.O. Burwell Council that local initiatives and working with the new Council to Saturday and needs be taken care of at the new secure the extra lighting. Macon St.Joseph's Mass 7:30 pm administrative headquarters in Straf- agreed, but noted that the by-law must fordville. A heavy weight was thrust he passed. At 7:30 p.m. By-Law 97-21 upon Ward 1 Councillor Mason's patted unanimously, setting In motion Harbour Happenings or shoulders to erepreaent our interests at the agreement passing the responsibility Our Plant has returned to its original Straffor the harbour from federal to manic- Mamma's name and is under the sole The Reeve and four Councillors were ipal hands. at the table. Doug Avram, Aylmr George Allen commented that, Port The gof Nara Tribe. Deputy Reeve and St. ??arias Y Bu isti//& /.ca/ijnc! The Legion was sold out for New lornrzrr/reporter and J'iir*oar Lights By-Law 97�t was introduced to Year's Eve. About 45 patrons the constituted media coverage. Acting clarify the lease of harbour lands be- Year ar ate meal and brought in New Clerk Donna Lamoure, Acting Trea- tween the municipality and the nuts- YeateCunusuallya Cove. surer Suanna Dieleman Mantel.Chief hered company and the Village. Leases Withsthe core busy ont weather the Building Official Roloson, Kevin had been paid but not formally re- yule', f was h►icy the often Bradfield (Works) and Community Po- newed since 1994. By-Law 97-08 quiet, fcollowing January weekend. tieing representative George Allen were paased unanimously. Bronze Medallion ... Jacynta present for the momentous occasion. IP aa! Waives - Never Approved Spicer earned the Lifesaving Skills Roloson had no desk and Allen no A question concerning approval of distinction at the Police College on chair,only a pile of books to sit oa the final minutesarose. The realityis January 2. The two and a half hour 7:05 Start they will not be. Port Burwell Coucil water examination Sfaturday. r ay. a written Cana- The meeting got underway at 7:05. does not meet again; and the Municip- testathe RedrCross swimming The The minutes of December 9 were ality of Bayham can only adopt the than Cross program Is passed. Councillor Loucks, somewhat Dec.29 minutes as rcaa. sponsored by the Y.W.C.A tongue in check, commented that, we Scrutiny of Accounts air all onchappy iimil nowt Council approved the final cheques The first order of business was By- ($51,165.35) In payinctiis. Rom Nes. SPECIAL Law 97-26,a Site Plan Agreement be- bitt warned the new municipality that at tween the Village and the Breen's for OCWA's accounting is still a problem. THORNTON'S their Ice Cream Parlour, at 38 Robin- port Burwell operatcd again in a deficit son St. By-Law 97-26 passed unan• position for 1997, Councillor Bradfield Soup & Sandwich imoustyy,with very little discussion. questioned the size of the Laemers hill. Fcdcral Harbour - Ours However, a review of the work done with small coffee By-Law 97-21 effectively transfers sparked Reeve Nesbitt to reply that, we $3.25 ownership of the federal harbour to kmp stew busy. The$9,500 billing in- the municipality,including the harbour eluded, moving the Christmas tree to I Toast and C0ff6"o Gam and pier. Port Burwell had purchased cewrzvuEonvr;v»IF eAc _.-...... —. 02-17-98 09:56AM FROM MEDSHIRE SERVICES TO 15198663884 P001/002 FAX TRt YS M I TTA L SHEET 2 St. Clair Avenue West Suite 1000 Toronto, Ontario M4V ILS Telephone (416) 967-6706 Fax:(416) 967-048.? DATE February 17, 1998 TO Lynda L.amoure FROM Chrisla Stewart Municipality of Bayham 34599(1 Ontario Limited FAX No 519-866-3884 FAX No (416) 967-9483 PhonePhone (416) 967-6706 TOTAL NUMBER OF PAGES SENT(INCLUDING COVER SHEET) 2 IF 77IIS MESSAGE IS NOT RECEIVED CLEARLY, PLEASE CAI./. (416) 967-6706. IREFERENCE Leases with the Village of Port RurWCll - East Bank and West Rank Further to our telephone conversation last Friday, I am enclosing HARBOUR LIGHTS' Issue 144 dated January 1e which refers to By-Law 97-08. Could you please fax us a copy of this by-law. Thanks. 1 • Municipality of Bayham P.O. Box 160 Straffordville, Ontario NOJ 1Y0 Telephone (519) 866-5521 Fax(519)866-3884 FACSIMILE COVEIVS$ET TO: i-4.a -s-Li DATE: )9 V COMPANY: 39599 a Y t PHONE #: //t - 967-6 70 6 FAX #: y/ 6,- 9 2 ' RE: 9,44,ia,tAv 1D 9 -) - D T /J „' ara CONTACT #: (519) 866-5521 FAX #: (519) 866-3884 COMMENTS: _ , _ Crn A (f-C -am vt.p_ -64 GLC�]^7., C.O2.t•�.s1� 4;79f !p: 515- 4 m TOTAL # OF PAGES Z (INCLUDING COVER SHEET) PLEASE CALL BACK IF TRANSMISSION IS INCOMPLETE OR IF PAGES ARE DIFFICULT TO READ FABIN\WP5I\FOMRS\4 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 97-08 Being a By-Law to authorize the Reeve and the Acting Clerk to enter into an Agreement with the Department of Fisheries and Oceans for the lease of Harbour Lands. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102, as amended, provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. and; WHEREAS the Council of the Village of Port Burwell deems it necessary to enter into an Agreement with the Department of Fisheries and Oceans for the lease of Harbour Lands for the operation of the municipal marina facilities described in Schedule "A" attached hereto. The Council of the Village of Port Burwell hereby directs the Reeve and Acting Clerk to execute the attached Lease Agreement as presented by the Department of Fisheries & Oceans. Read a first and s••. d time this 9th .ay of December, 1997. / /I Reeve Acting Clerk Read a third t.• e and • :11y L..se• this 29th day of December, 1997. %I/ . / I J./ . Ree `Acting Clerk I.' Fisheries Peches and Oceans et Oceans Small Craft Harbours Ports pour petite bateaux Central and Arctic Region Region du Centre et du I Arct que re fou'''.e Pone,ere,eoc,' P.O. Do r5e5e C f. :A.A. Burlington. Ontano Burlington (Ontario) Ov,Me nane,e+e,ence 1744-446- 4.744-4A6- P.O. Box 85120 5882-70/P576 3027 Harvester Road Burlington, Ontario L7R 4K3 (905) 639-4330 December 9, 1997. PRIORITY POST Members of Council , The Corporation of the Village of Port Burwell , ,,c;AT BURk, 21 Pitt.Street, P.O. Box 10, Port Burwell , Ontario. NOJ 1TO L\ l ' Dear Members of Council : ,. ' re: Management Agreement 9406 00 001 (expired) • -44 Small Craft Harbours facilities q t ; Port Burwell , Ontario Further to members of council 's meeting with Mr. George Enei and myself on December 3, 1997, enclosed in triplicate is a draft Management Agreement for a two-year period commencing June 1 , 1997, as agreed. Please have the Agreement executed on behalf of the Village, including your seal , and return all three copies to this office, together with that part of the rent due in advance pursuant to sub-paragraph (a) of the Reddendum Clause, plus applicable GST as noted hereunder: Rent due June 1 , 1997 = $100.00 GST = 7% of $100.00 = 7.00 TOTAL $107.00 Our GST No. is 121491807. Your cheque should be made payable to the Receiver General for Canada. When returning the documents, please provide us with a duly certified copy of a By-Law authorizing the execution of the Agreement on behalf of the Village. continued.. . Canaua 2. Members of Council (continued) December 9, 1997. Upon completion on behalf of the Minister, the Duplicate Original Agreement will be returned for your retention. In regard to the collection of fees, would you kindly provide this office with any outstanding money owed the Crown in accordance with subsection (b) of the Reddendum Clause of the expired Agreement (plus 7% GST) , together with a copy of a financial statement in support thereof, which would be acceptable by our financial officer for audit purposes. Yours sincerely, D.G. Blanchard Director Small Craft Harbours Branch Central and Arctic Region Enc. • *(go Apr 16/98 Motion #_-.--- ------ CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor& Members of Council DATE: April 11, 1998 FROM: Administrator Treasurer FILE: C.0.1 96-47 SUBJECT: Employment Agreement - Baseball Concession Booth NUMBER: 98035 Background Comments Attached you will find a copy of an Employment Agreement Between The Village of Port Burwell and Donna Lamoure. The purpose of the agreement is authorize the employee (Donna Lamoure)to operate the concession booth at the Port Burwell Memorial Park, and while acting in an employee capacity will receive Workers Compensation Insurance Coverage. However, no compensation was provided to the employee for this service but the employee was responsible for purchasing all goods, was allowed to set prices for goods sold and retain all proceeds from sales. Further, it has been explained to me that the employee offered a donation from the proceeds in the amount of$500 annually to the Baseball Association. Therefore, this does not appear to be an employer/employee relationship that would provide regular WCB coverage and personal coverage was never paid on behalf of this employee in the past. I consulted our insurance agent regarding potential risks that may arise from entering into this type of an agreement. Doug Wiseman, Frank Cowan Insurance Company Limited, explained that the Municipality would be solely responsible for any liability claims that would result from the operations of the concession stand, unless however, the operator held their own general liability insurance and held the Municipality harmless of any claims. Recommendations That Council consider the following resolution: Staff Report • -2— • April 11, 1998 98035 "THAT Staff Report 98034 regarding the Employment Agreement between the Village of Port Burwell and Donna Lamoure be received; AND THAT Donna Lamoure be informed that the Council of the Municipality of Bayham hereby grants permission to the Port Burwell Baseball Association to operate the concession stand at the Memorial Park in Port Burwell with the condition that the Association provide proof of adequate insurance coverage for this purpose." Respectfully submitted, Lynn S. Buchner, CGA,AMCT(A) • • Schedule "A" By-Law 96-47 EMPLOYMENT AGREEMENT BETWEEN THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter the "Employer" OF THE FIRST PART and DONNA LAMOURE - PORT BURWELL hereinafter the "Employee" OF THE SECOND PART WHEREAS the Employer is the Owner of lands identified as the Baseball Diamond and the Concession Stand on the lands known as the Baseball Diamond; AND WHEREAS the Employee wishes to operate the Concession Stand Food Booth for the sale food on the said lands; AND WHEREAS the parties hereto agree as follows: 1. The Employee intends to operate the Concession Stand only for the sale of hotdogs, pop, confections, etc. as approved by Council. 2. The Employee intends to operate those facilities during the months of May through September of 1997. 3. The Employer will be responsible for carrying appropriate liability and property insurance on the said property and Worker's Compensation Insurance. 4. The Employer shall have access to the site and surrounding at all times and shall be permitted to operate vehicles and equipment for the purpose of general maintenance to the Baseball Diamond Concession Stand. 5. The Employee shall supply, at their own expense all food & confections for general sale to the public at an amount to be decided by the employee. 1 • • • In Witness Whereof of the Employer and Employee Have Hereunto Set Their Hands and Corporate Seals this 8th day of October, 1996. 114 /AVReeve 40 e ir A.ministrato• leriz-Treasurer v Witness Donna Lamoure, Employee Witness 2 of PORT �QG� j9�F THE CORPORATION OF THE • VILLAGE OF PORT BURWELL .2.i. P.O.Box 10,Port Burwell,Ontario NOJ I TO �� telephone (S 19) 874-4343 • fax (519) 874-4948 0442iAlmh, home page:http://www.kanservu.ca.burwell 4 t N PORTUS REFUG1V December 29, 1997 Small Craft Harbours PO Box 85210 3027 Harvester Road Burlington ON L7R 4K3 Dear Mr. Blanchard Please find enclosed a copy of our By-Law 97-21, being a by-law to authorize the Reeve and the Acting Clerk to enter into an "Agreement in Principle" with Fisheries and Oceans Canada with respect to future ownership of lands. Also enclosed you will find three copies of the agreement signed by myself and the Reeve. Further enclosed you will find a copy of our By-Law 97-08, being a by-law to authorize the Reeve and the Acting Clerk to enter into an Agreement with the Department of Fisheries and Oceans for the lease of Harbour Lands. You will also find three copies of the signed agreement as well as a cheque in the amount of$107.00. Please sign and return our copies of these agreements to: Municipality of Bayham PO Box 160 Straffordville ON NOJ 1Y0 I trust that you will find the attached in order and if you should have any further questions concerning this matter please feel free to call. Yours truly Donna Lamoure Acting Clerk Encl. Tom Nesbitt• Reeve Councillors • D.Mason,j.Hevenor,G.Loucks,R.Bradfield • • MUNICIPALITY OF BAYHAM P.O. Box 160 Straffordville, Ontario NOJ 1Y0 telephone (519) 866-5521 • fax (519) 866-3884 May 9, 1998 Elexco Ltd. 201-555 Southdale Road East London, Ontario N6E 1A2 Attention:Dale A. Norman, Petroleum Land Manager DearOrman: E Re: Talisman Energy Inc. Request for Land Use— West Side, Big Otter Creek, Port Burwell The Council of the Municipality of Bayham received and considered your correspondence dated April 28, 1998 requesting permission for Talisman Energy Inc. to use the property leased by the Municipality on the west side of the Big Otter Creek in the Village of Port Burwell for the purpose of laying out and welding small diameter pipe to be pulled into the lake as part of their ongoing work on the lake. In response, Council passed a resolution supporting the proposal and enacted By-law 98-37 authorizing the Mayor and Clerk to sign the attached agreement setting out the terms and conditions. Three copies of the Agreement have been attached for signature of a principal of Talisman Energy Inc.. Once signed return all three copies to be endorsed by the Mayor and Clerk of the Municipality. One fully endorsed copy will then be provided for your records. I trust that this is satisfactory. If, however, you have any questions please do not hesitate to call. Yours very truly, Lynn S. Buchner, CGA, AMCT(A) Administrator Treasurer File C0.1 Encl. 98155 I The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 97-01 [ 0 0 y as Being a by-law to authorize a levy prior to the adoption of the annual estimates. WHEREAS Chapter M45 Section 159 of the MunicipalAct, R.S.O. 1990, provides that the council of every local municipality may, prior to the adoption of the estimates, levy on the whole of assessment for real property and business assessment a sum not exceeding 50 percent of that which would he produced by applying to such assessment the total rate for all purposes levied in the preceding year on the residential real property and business assessment of public school supporters; AND WHEREAS Chapter M45 Section 159 Of the Municipal Act, R.S.O. 1990, provides that the provisions of the Municipal Act with respect to the levy of the yearly rates and the collection of taxes apply mutatis mutandis to the levy of rates prior to the adoption of the estimates. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. That in each year prior to the adoption of the estimates there shall he levied an collected on the whole of the assessment for real property and business assessment according to the last revised assessment roll a sum equal to 50% of that which would have been produced by applying to such assessment the total rate for all proposes levied in the preceding year on the residential real property and business assessment of public school supporters. 2. That in the year 1997 and in each succeeding year the taxes to he levied under this by-law shall become due and payable on the 2nd day of February, but may he paid by instalments on the 21st day of February, 1997, and the 25th day of April 1997, provided that where any due date or instalment date falls on a Saturday or Sunday or a statutory holiday the due date or instalment date as kfie case may be shall be the next succeeding day that is not a Saturday, a Sunday or statutory holiday, and provided that, upon failure to made payment of any instalment, the whole of the amount shall become due and payable. 3. That the Tax Collector shall, in the manner prescribed by sections 379 and 386 of the Municipal Act, R.S.O. 1990, mail or cause'to he mailed to the address of fhe residence or place of business of each person taxed under this by-law a notice specifying the amount of taxes payable. r 4. That the Collector and the Treasurer are hereby empowered and shall accept part payment as tendered from time to time on any taxes levied under this by-law. 5. That this by-law shall come into force and effect upon the date of its' final passing. Read a first and second t. a this 14th day of January, 1997. Re=•e A Administrator/F erk-Treasurer Read a third time . in •1y thi I4tl, (lav (J( January, 1997. AP / d/f Rec. Administrator/ eriz-Treasurer sown °M .BY-LAW NO. ?9 -o Z [ Q Dat 1 q + A BY-LAW AUTHORIZING THE BORROWING OF MONEY TO MEET CURRENT EXPENDITURES OF THE COUNCIL OF '14 J AGE 'the "Municipality") A. In accordance with subsection 187111 of the Ontario Municipal Act (the "Act"), the Municipality considers It necessary to borrow the amount of $ 9 , to meet, until taxes are collected, the current r^'r-'l expenditures of the Municipality for the year PAs. B. Pursuant to subsection 18712)of the Act, the total amount borrowed pursuant to this bylaw together with the total of any similar borrowings Is not to exceed the limits set forth In that subsection. C. The total amount previously borrowed by the Municipality pursuant to section 187 that has not been repaid Is , , THEREFORE, the Council of the Municipality enacts as follows: 1. The Head end the Treasurer are authorized on behalf of the Municipality to borrow from time to time by way of promissory note or bankers' acceptance from CANADIAN IMPERIAL BANK OF COMMERCE ("CIBC") a sum or sums not exceeding In the aggregate 9 ,' to meet, until taxes are collected, the current expenditures of the Municipality for the year (including the amounts required for the purposes mentioned in subsection 18711)of the Act) and to give to CIBC promissory notes or bankers' acceptances, as the case may be,sealed with the corporate seal of the Municipality end signed by the Head and Treasurer for the sums borrowed plus Interest at a rate to be agreed upon from time to time with CIBC. 2. All sums borrowed pursuant to this by-law, as well as all other sums borrowed pursuant to the Act in this year end In previous years from CIBC for any purpose will,with interest thereon, be a charge upon the whole of the revenues of the Municipality for the current year and for all preceding years as and when this revenue is received. 3. The Treasurer Is authorized and directed to apply in payment of all sums borrowed plus interest, all of the moneys collected or received on account in respect of taxes levied for the current year and preceding years or from any other source which may lawfuly be applied for this purpose. 4. The Treasurer is authorized to furnish to CIBC a statement showing the nature end amount of the estimated revenues of the Municipality not yet collected and also showing the total of any amounts borrowed that have not been repaid. PASSED this • , day of rlOCt/y tCk4:1 1 01 i 1 HEAD THE►NJNIC TY SEAL 1 Com.------ CLERx I hereby certify that the forgoing is a true and complete copy of the By-law numbered above of the Municipality In the Province of Ontario, duly passed at a meeting of the Council of the Municipality and that this By-law is in full force and effect. Dated this Z 6 day of p��c.-+M /9 5/2 // Witness the corporate seal S SEAL J ll� • The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NO) 1T0 By-Law 97-03 L r / + 1 Being a by-law to authorize an Application to he made to the Minister of Municipal Affairs to initiate procedures under the Municipal Boundary Negotiations Act. WHEREAS the Provincial government has directed municipalities to seek a community of interest towards cost savings and the reduction of duplication of services, and; WHEREAS the Council of the Village of Port Burwell and the Town of Tillsonburg have explored communities of interest and joint service agreements, and; WHEREAS both Port Burwell and Tillsonhurg share the same vision for the Big Otter Creek watershed and have jointly purchased the Canadian Pacific Railway Lands as a utility corridor and recreational trail, and; WHEREAS, the County of Oxford approved Official Plan clearly illustrates that the Big Otter Creek watershed scopes the community of interest with respect to Tillsonhurg, and; WHEREAS the Corporation of the Village of Port Burwell is desirous of amalgamating with the Town of Tillsonburg, and; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. That the Minister of Municipal Affairs is hereby requested to initiate the procedures provided for under the Municipal Boundary Negotiations Act, with respect to the amalgamations of the Corporation of the Village of Port Burwell with the Town of Tillsonhurg in the County of Oxford and any other matters pertaining thereto. 2. That the Administrator/Clerk-Treasurer is hereby authorized and directed to forward a copy of this By-law and any related correspondence to the Minister of Municipal Affairs. • This By-law shall come into full force and effect upon the final passing thereof. Read a first and second time this 3rd day of February, 1997 Adm. i Clcrizz-ra-t r 4 A t ,/r .11161 .A Read a third time and finally passed on this 11th day of February, 1997. :1t11 'strator/Clerk-Treasurer P /...� ..r' . 1. - !, 'A . FREE, C.E.T., A.M T. Adm istrator/Cterk-Treasurer of the •ge of Port Burwell, certify the forgoing is a true copy Dated th day of d.. 189- 1 SCHEDULE "A" BYLAW 97-03 THIS AGREEMENT, made in triplicate this 3rd day of February, 1997 BETWEEN: : THE CORPORATION OF THE VILLAGE OF PORT BURWELL Hereinafter called the "Village" OF THE FIRST PART AND: THE CORPORATION OF THE TOWN OF TILLSONBURG Hereinafter called the "Township" OF THE SECOND PART WHEREAS the Council of the Corporation of the Village of Port Burwell and the Council of the Corporation of the Town of Tillsonburg agree that it would he mutually advantageous to amalgamate Port Burwell b by-law 97-03 dated the 3rd clay AND WHEREAS the Council of the Village of Y of February, 1997, applied to the Minister of Municipal Affairs (hereafter called the "Minister") for initiation of the procedures provided for in the Municipal Boundary Negotiations Act, R.S.O., 1990, c.M-49; AND WHEREAS the Village and the Town have come to an agreement in principle subject to a final and formal agreement respecting the amalgamation; AND WHEREAS it is expedient to have this agreement in principle in written form so that the parties may request that the Minister recommend to the Lieutenant Governor in Council that an Order giving effect to this Agreement he made pursuant to the Municipal Boundary Negotiations Act. NOW THEREFORE WITNESSETH that in consideration of the premises and the mutual terms and conditions hereinafter contained, the parties hereto agree as follows: 1. Area to he annexed by the Town of Tillsonburg On January 1, 199g, or such later date as is provided for in the Order,of the Lieutenant 3 • Governor in Council (hereinafter called the "amalgamation day"), the portion of the Village described in Schedule"A"to this Agreement (hereinafter referred to as "municipality") shall he annexed to the Town. 2. Village Assets and Liabilities a) All real property of the Village shall vest in and become the property of the Town on amalgamation day. • b) For the purpose of this paragraph, real property shall be deemed to include any highway, street fixture, waterline, easement and restrictive covenant running with land. 3. Real Property Taxes of the Village a) All real property taxes levies under any general or special Act and uncollected in the area to he annexed to the Village which are due and unpaid on the day • prior to the amalgamation day shall, on amalgamation day, become a debt owed to the Village and may he collected by the Village. b) The Administrator/Clerk-Treasurer of the Village shall forthwith prepare and furnish to the Administrator/Clerk of the Town a special collector's roll showing all real property taxes or special rates assessed against the lands in the annexed area up to the amalgamation day and the persons assessed therefore. c) The Village shall pay to the Towns on amalgamation day or within 3 months thereafter, an amount equal to the amount due and unpaid in subparagraph (a). 4. Business Taxes All business taxes levied and uncollected in the annexed area which are due and unpaid on the day prior to amalgamation day shall continue after that date to he taxes due and payable to the Township and may he collected by the Township. 5. By-laws in area to he Annexed by the Village of Port Burwell The by-laws of the Town in force on amalgamation day, shall as of that date extend tot e area to be annexed by the Town and any Village by-law then in force in the area to be annexed by the Village shall as of that date cease to apply to that area, save and except: s 4 1 • a) Township by-laws that were kept in force by subsection 13(3) of the Municipal Amendment Act, 1941 -and Village by-laws passed under the Highway Traffic Act or the Municipal Act that regulate the use of highways by vehicles and pedestrians and that regulate the encroachment or projection of buildings or any portion thereof upon or over highways, which bylaws shall remain in force until repealed by the Council of the Town. b) Town by-laws of the Corporation of the Town of Tillsonburg passed under section 45, 58 or 61 of the Drainage Act or a predecessor of those sections; c) Village by-laws conferring rights privileges, franchises, immunities or exemptions that could not have been lawfully repealed by the Council of The Corporation of the Town of Tillsonhurg. 6. Development Charges a) By-laws of the Corporation of the Township of Bayham passed under Section 3 of the Development Charges Act shall remain in force until the earlier of, i) the date they are repealed by the Council of the Corporation of the Town of Tillsonburg, and ii) the date they expire under subsection 6 (1) or (2) of the Development Charges Act; 7. Assessments The Regional Assessment Commissioner shall be requested to prepare the assessment roll for , the purposes of taxation on-and after the amalgamation day and subsequent years for the annexed area on the same basis that the assessment roll for the Village is prepared. 8. Limitation a) The Province of Ontario supports and encourages the resolution of intermunicipal boundary and boundary-related issues by the party municipalities, piwuant to the Municipal Boundary Negotiations Act. b) The parties recognize that this Agreement does not in any way bind the Province of Ontario and that, 5 • i) this Agreement does not imply or anticipate an alteration in the policies or programs of the Province of Ontario, its agencies, boards or commissions; and, ii) the implementation by Order-in-Council of this Agreement does not imply any right to preferred treatment under any program of the Province of Ontario, its agencies, boards or commissions. c) Where any provision of this Agreement is declared invalid by any court or other tribunal, the balance of this Agreement shall remain in force and binding upon the parties. 9. Binding on Successors This Agreement shall be binding on the successors and asetigns to the parties hereto. IN WITNESS WHEREOF this Agreement has been executed by the parties hereto under their respective corporate seal. THE CORPORATION OF THE VILLAGE OF PORT BU'RWELL Per: Reeve Per: ` Administrator/Clerk-Treasurer THE CORPORATION OF THE TOWN OF TILLSONBI'RG Per: Mayor Per: Administrator/Clerk 6 i SCHEDULE"A" TO AGREEMENT THE AREA TO BE ANNEXED BY THE TOWN The legal description of the area to be annexed by the Village of Port Burwell from the Township of Bayham is as follows: Parts of Lots 2 and 3 West of Erieus Street, Lots 1, 2 and 3 East of Erieus Street, Parts of Lots 4 and 5 East of Erieus Street, Lots 1, 2, 3 and 4 West of Strachan Street, Part of Lot 5 West of Strachan Street, Lot 5 East of Strachan Street, Unnumbered Blocks East of Erieus Street and West of Strachan Street, Unnumbered Block East of Strachan Street and South from Hagerman Street, Parts of Hagerman Street, Erieus Street and Strachan Street, all on Registered Plan 12 and Lots 6, 7, 8 and 9, Slope of Bank, Parts of Lots 1, 5, 10 and 15 and Part of George Street all on Registered Plan 197 and Part of the original bed of Lake Erie g in front of Lots 11 and 12, Concession 1, in the Township of Bayham, Countyof Elgin and Lying designated as Parts 1 and 2 on Plan 11 R-5137. 7 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By-Law 97-03 Being a by-law to authorize an Application to be made to the Minister of Municipal Affairs to initiate procedures under the Municipal Boundary Negotiations Act. WHEREAS the Provincial government has directed municipalities to seek a community of interest towards cost savings and the reduction of duplication of services, and; WHEREAS the Council of the Village of Port Burwell and the Town of Tillsonburg have explored communities of interest and joint service agreements, and; WHEREAS both Port Burwell and Tillsonburg share the same vision for the Big Otter Creek watershed and have jointly purchased the Canadian Pacific Railway Lands as a utility cooridor and recreational trail, and; WHEREAS, the County of Oxford approved Official Plan clearly illustrates that the Big Otter Creek watershed scopes the community of interest with respect to Tillsonburg, and; WHEREAS the Corporation of the Village of Port Burwell is desirous of amalgamating with the Town of Tillsonburg, and; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF PORT BURWELL ENACTS AS FOLLOWS: 1. That the Minister of Municipal Affairs is hereby requested to initiate the procedures provided for under the Municipal Boundary Negotiations Act, with respect to the amalgamations of the Corporation of the Village of Port Burwell with the Town of Tillsonburg in the County of Oxford and any other matters pertaining thereto. 2. That die Administator/Clerk-Treasurer is hereby authorized and directed to forward a copy of this By-law and any related correspondence to the Minister of Municipal Affairs. 4 This By-law shall come into full force and effect upon the final passing thereof. a Read a first and second time this 3rd day of February, 19 AIFA ministrat r-- Tre !rer A , , _.. r Reev• Read a third time and finally passed on this day of 1997. Administrator/Clerk-Treasurer Reeve • SCHEDULE "A" BYLAW 97-03 THIS AGREEMENT, made in triplicate this 3rd day of February, 1997 BETWEEN: : THE CORPORATION OF THE VILLAGE OF PORT BURWELL Hereinafter called the "Village" OF THE FIRST PART AND: THE CORPORATION OF THE TOWN OF TILLSONBL'RG Hereinafter called the "Township" OF THE SECOND PART WHEREAS the Council of the Corporation of the Village of Port Burwell.and the Council of the Corporation of the Town of Tillsonburg agree that it would be mutually advantageous to amalgamate AND WHEREAS the Council of the Village of Port Burwell by by-law 97-03 dated the 3rd day of February, 1997, applied to the Minister of Municipal Affairs (hereafter called the "Minister") for initiation of the procedures provided for in the Municipal Boundary Negotiations Act, R.S.O., 1990, c.M-49; AND WHEREAS the Village and the Town have come to an agreement in principle subject to a final and formal agreement respecting the amalgamation; AND WHEREAS it is expedient to have this agreement in principle in written form so that the parties may request that the Minister recommend to the Lieutenant Governor in Council that an Order giving effect to this Agreement he made pursuant to the Municipal Boundary Negotiations Act. NOW THEREFORE WITNESSETH that in consideration of the premises and the mutual terms and conditions hereinafter contained, the parties hereto agree as follows: 1. Area to be annexed by the Town of Tillsonburg On January 1, 1998, or such later date as is provided for in the Order of the Lieutenant 3 Governor in Council (hereinafter called the "amalgamation day"), the portion of the Village described in Schedule "A" to this Agreement (hereinafter referred to as "municipality") shall be annexed to the Town. 2. Village Assets and Liabilities a) All real property of the Village shall vest in and become the property of the Town on amalgamation day. b) For the purpose of this paragraph, real property shall be deemed to include any highway, street fixture, waterline, easement and restrictive covenant running with land. 3. Real Property Taxes of the Village a) All real property taxes levies under any general or special Act and uncollected in the area to be annexed to the Village which are due and unpaid on the day prior to the amalgamation day shall, on amalgamation day, become a debt owed to the Village and may he collected by the Village. b) The Administrator/Clerk-Treasurer of the Village shall forthwith prepare and furnish to the Administrator/Clerk of the Town a special collector's roll showing all real property taxes or special rates assessed against the lands in the annexed area up to the amalgamation day and the persons assessed therefore. c) The Village shall pay to the Towns on amalgamation day or within 3 months thereafter, an amount equal to the amount due and unpaid in subparagraph (a). 4. Business Taxes All business taxes levied and uncollected in the annexed area which are due and unpaid on the day prior to amalgamation day shall continue after that date to be taxes due and payable to the Township and may be collected by the Township. 5. By-laws in area to be Annexed by the Village of Port Burwell The by-laws of the Town in force on amalgamation day, shall as of that date extend to the area to be annexed by the Town and any Village by-law then in force in the area to be annexed by the Village shall as of that date cease to apply to that area, save and except: 4 a) Township by-laws that were lzept in force by subsection 13(3) of the Municipal Amendment Act, 1941 and Village by-laws passed under the Highway Traffic Act or the Municipal Act that regulate the use of highways by vehicles and pedestrians and that regulate the encroachment or projection of buildings or any portion thereof upon or over highways, which bylaws shall remain in force until repealed by the Council of the Town. b) Town by-laws of the Corporation of the Town of Tillsonburg passed under section 45, 58 or 61 of the Drainage Act or a predecessor of those sections; c) Village by-laws conferring rights privileges, franchises, immunities or exemptions that could not have been lawfully repealed by the Council of The Corporation of the Town of Tillsonburg. 6. Development Charges a) By-laws of the Corporation of the Township of Bayham passed under Section 3 of the Development Charges Act shall remain in force until the earlier of, i) the date they are repealed by the Council of the Corporation of the Town of Tillsonburg, and ii) the date they expire under subsection 6 (1) or (2) of the Development Charges Act; 7. Assessments The Regional Assessment Commissioner shall be requested to prepare the assessment roll for the purposes of taxation on and after the amalgamation day and subsequent years for the annexed area on the same basis that the assessment roll for the Village is prepared. 8. Limitation a) The Province of Ontario supports and encourages the resolution of intermunicipal boundary and boundary-related issues by the party municipalities, pursuant to the Municipal Boundary Negotiations Act. b) The parties recognize that this Agreement does not in any way bind the Province of Ontario and that, 5 T.MMl.M.lIMMMl.mmmlIImlmm.m' I'm' 7mu' ''. —” —. this Agreement does not imply or anticipate an alteration in the policies or programs of the Province of Ontario, its agencies, boards or commissions; and, ii) the implementation by Order-in-Council of this Agreement does not imply any right to preferred treatment under any program of the Province of Ontario, its agencies, boards or commissions. Where any provision of this Agreement is declared invalid by any court or ther tribunal, the balance of this Agreement shall remain in force and inding upon the parties. on Successors This Agreement shall be binding on the successors and assigns to the parties hereto. IN WITNESS WHEREOF this Agreement has been executed by the parties hereto under their respective corporate seal. THE CORPORATION OF THE VILLAGE OF PORT BURWELL Per: Reeve Per: Administrator/Clerk-Treasurer THE CORPORATION OF THE TOWN OF TILLSONBURG Per: Mayor Per: Administrator/Clerk 6 • SCHEDULE"A" TO AGREEMENT THE AREA TO BE ANNEXED BY THE TOWN The legal description of the area to be annexed by the Village of Port Burwell from the Township of Bayham is as follows: Parts of Lots 2 and 3 West of Erieus Street, Lots 1, 2 and 3 East of Erieus Street, Parts of Lots 4 and 5 East of Erieus Street, Lots 1, 2, 3 and 4 West of Strachan Street, Part of Lot 5 West of Strachan Street, Lot 5 East of Strachan Street, Unnumbered Block East of Erieus Street and West of Strachan Street, Unnumbered Block East of Strachan Street and South from Hagerman Street, Parts of Hagerman Street, Erieus Street and Strachan Street, all on Registered Plan 12 and Lots 6, 7, 8 and 9, Slope of Bank, Parts of Lots 1, 5, 10 and 15 and Part of George Street all on Registered Plan 197 and Part of the original bed of Lake Erie Lying in front of Lots 11 and 12, Concession 1, in the Township of Bayham, County of Elgin and designated as Parts 1 and 2 on Plan 11R-5137. I 7 VA Government �--r * * of Ontario =fit' Municipal Boundary Negotiations Act, 1981 Statutes of Ontario, 1981 Chapter 70 as amended by 1982, Chapter 33 May 1983 Printed by Alan Gordon, Queen's Printer for Ontario T 1981 MUN. BOUNDARY NEGOTIATIONS Chap. 70 1 CHAPTER 70 Municipal Boundary Negotiations Act, 1981 I. In this Act, Inn•rpr,..tation (a) "local board" means a local board as defined in the aso Municipal Affairs Act; (b) "Minister"means the Minister of Municipal Affairs and OFFICE CONSOLIDATION Housing; THIS EDITION IS PREPARED FOR PURPOSES OF CONVENIENCE ONLY, 11 (C) "Municipar Board" means the Ontario Municipal AND FOR ACCURATE REFERENCE Board; RECOURSE SHOULD BE HAD TO THE STATUTES (d) "municipality" includes a metropolitan, regional or district municipality and the County of Oxford; (e) "party municipality" means a municipality having a substantial interest in an issue raised by an application under section 2 as determined by the Minister or the chief negotiator. 1981, c. 70, s. 1. 2. The council of a municipality that desires the resolution of E'M'I "'n an intermunicipal boundary issue or an intermunicipal bound- 5iinki r ary-related issue may by by-law apply to the Minister for the initiation of the procedures provided for in this Act. 1981, c. 70, s. 2. 3.—(1) Section 2 does not apply to any metropolitan,regional i..,•,- = • or district municipality or the County of Oxford or to any area;,1,1,1, municipality in a metropolitan, regional or district municipality or the County of Oxford, except in respect of an intermunicipal boundary issue or the resolution of an intermunicipal boundary- related issue that is, in the opinion of the Minister, of a minor nature. (2) Where the Minister or a chief negotiator determines that a i--uu'•h-1,‘, metropolitan, regional or district municipality or the County of ,I,,,.,,,,,, Oxford or an area municipality thereof is a party municipality in •'I'I'I> respect of any issue raised by an application made under section 2 that is not in the opinion of the Minister of a minor nature,the provisions of this Act do not apply to that issue. 1981, c. 70, s. 3. 2 Chap. 70 MUN. BOUNDARY NEGOTIATIONS 1981 1981 MUN. BOUNDARY NEGOTIATIONS Chap. 70 3 Inquiry 4.—(1) Following receipt of an application under section 2, shall appoint a person to serve as chief negotiator. 1981, by the sfinioer the Minister may determine and inquire into the issues raised by c. 70, s. 7. the application, determine the party municipalities, obtain the opinion of any local board that the Minister considers is affected 8.—(1) The chief negotiator and the persons appointed under lt.n,titation by the application, and send to the clerk of each party munici- clause 6(1)(c)or subsection 6(2)jointly constitute the negotiating negotiating pality a report setting out the issues,the party municipalities and committee. " ""``e such other matters as the Minister considers appropriate. i (2) The council of a party municipality and each negotiator Dtt a fr,. N•here (2) Where the Minister has inquired into the issues raised by shall act responsibly and in good faith to assist and facilitate ,•tr. "'union .�inb of an a lication, the Minister shall obtain the o inion of any PP P negotiation and shall make every reasonable effort to reach an "'hr obtained school board that he considers is affected by the application. agreement on the issues raised by the application. 1981, c. 70, 1981, c. 70, s. 4. s. 8. Information 5. A party municipality shall make available to the Minister 0.—(1) The Minister may,at any time,constitute one or more t'"n`titmi"n all information in its possession or to which it has access,relevant of lu.s.ue.. to the issues raised, that the Minister requires. 1981, c. 70, Issues Review Panels composed of such three persons as the P i". s. 5. Minister designates. I'ooer..,t 6.—(1) Following the sending of a report under section 4,the (2) Where a negotiating committee has been constituted under Idem Mini>ter section 8, the Minister shall constitute an Issues Review Panel, Minister may, composed of such three persons as the Minister designates, in (a) recommend to the Assembly such legislative measures respect of that committee. 1981, c. 70, s. 9. as he considers appropriate to implement any agree- ment reached by the party municipalities;or 10.--(1) The Minister may, at any time,submit to an Issues Submi..ion of qucaion (b) recommend to the Lieutenant Governor in Council the Review Panel constituted under subsection 9(1) a question for,„Panel the advice of the Panel. making of an order under section 14 to implement any agreement reached by the party municipalities;or 111 The Minister,a chief negotiator or a negotiating committee id", (c) where agreement has not been reached by the party may at any time submit to the Issues Review Panel constituted municipalities, direct that the council of each party under subsection 9(2)in respect of that negotiating committee a municipality appoint, within twenty-eight days or such question for the advice of the Panel. 1981, c. 70, s. 10. longer period as he may stipulate,such number of per- P uer.and sons, members of council at the time of their appoint- 1 1.— 11 The chief negotiator shall, dobe*of ment, as he considers appropriate to negotiate and chief negotiator recommend agreements on behalf of the municipality in (a) act as chairman of the negotiating committee; respect of any intermunicipal boundary issue or bound- ary-related issue;or (b) prepare a negotiation timetable in the event that the negotiating committee is unable to agree on a timetable; (d) take such other action as the Minister considers appro- priate. (c) prepare and submit to the Minister and to the clerk of each party municipality one or more reports as the chief Failure to (2) Where a party municipality fails to appoint members to the appoint. negotiator considers appropriate setting out, mrmbr,t„ negotiating committee within the time stipulated by the Minister ` n,•e.aiafi"g in a direction under clause(1)(c),the Minister mayappoint from (i) the party municipalities in respect of each issue, „"umit"•�• PPO i amspg the members of the council of the municipality the if different from those determined by the Minis- ref tisite number of persons to be members of the committee. ter under section 4, 1981, c. 70, s. 6. Appointment (ii) the extent of agreement or disagreement within of hief 7. Following the appointment of members of the negotiating the negotiating committee on the issues neg„tiat„r committee under clause 6(1)(c)or subsection 6(2), the Minister negotiated, • 1981 MUN. BOUNDARY NEGOTIATIONS Chap. 70 5 4 Chap. 70 MUN. BOUNDARY NEGOTIATIONS 1981 (al where agreement has been reached by the party (iii) any agreement which the negotiating committee municipalities,recommend to the Lieutenant Governor wishes to recommend. in Council the making of an order under section 14: (iv) the chief negotiator's recommendations to the - (b) refer any issue not agreed upon to the negotiating Minister with respect to the further considers- committee or to the party municipalities for further tion of the application, and consideration; (v) such other matters as the chief negotiator con- (r) refer any issue not agreed upon to an Issues Review siders appropriate. Panel for the advice of the Panel; Appointment (2) Where the chief negotiator in a report sets out a munici- (d) terminate further consideration of the application; ni mcmLng t„ pality that is not represented on the negotiating committee as a •„mmiu,r I'> party municipality,the council of that municipality shall appoint (e) refer any issue to the Municipal Board to hear any Ili,part party municipality, and after a hearing, to make muniripali0 members to the negotiating committee in accordance with the . direction of the Minister and subsection 6 121 applies with neres- recommendations thereon; sary modifications. 1981. c. 70. s. 11. (f) recommend to the Assembly legislation in respect of 11.ia,na of 12.—(1) Upon receipt of a report of a chief negotiator under any of the issues raised by the application;or meeting, '""a clause 11 (1) (c) that sets out an agreement mentioned in sub- Lel take such other as the Minister con�ider<altltru- clause(iii)of that clause, the council of each party municipality prints. 1 ; , c.action70, 13. shall,and in all other cases,the council of each party municipal- ity may, 14. Subject to sections 17 and 18 but notwithstanding the 1'N'��,,",�int provisions,of any other general or special Act, the Lieutenant Gm„•rn„r in (a) hold one or more information meetings, which may be Governor in Council may by order,upon the recommendation of"'mil held jointly with any other party municipality, for the the Minister, purpose of informing the public of the contents of the report;and • la) give effect to agreements of party municipalities in respect of the resolution of an intermunicipal boundary (b) invite and consider at a meeting of council submissions issue or an intermunicipal boundary-related issue;or and comments of the public in respect of thecontents of the report; and (b) where the Minister has referred one or more issues to the Municipal Board under clause 13(e). give effect to (c) not later than ninety days following the receipt of the or vary the recommendations of the Municipal Board, report of the chief negotiator, or such longer period as the Minister stipulates, inform the Minister in writing and any such order may provide for one or more of the following: of the opinion of the council on each issue in respect of . which the municipality is a party municipality.• 1. The annexation of the whole or any part or parts of a party municipality to another party municipality.Notice of (2) Notice of an information meeting required under clause(1) mroi"as (a)and of a meeting required under clause(1)(b)shall be given by 2. The amalgamation of a party municipality with one or publication in a newspaper having general circulation in the ` more party municipalities. municipality at least fifteen days in advance of each meeting,and the meeting required under clause(1)(b)shall be held not sooner 3. A requirement for joint approval by party munici- than fifteen days after the last information meeting required palities of any subsequent application for an annexation under clause (1) (a). 1981, C. 70, s. 12. or amalgamation. . Powers of 13. After the expiration of the time for informing the Minis- 4. The adoption by any party municipality of an official Ministerter of the opinions of the councils of the party municipalities plan or amendments thereto or the passage of a under section 12, the Minister may, • h i 6 Chap. 70 mUN. BOUNDARY NEGOTIATIONS 1981 7 1981 MUN. BOUNDARY NEGOTIATIONS Chap. 70 restricted area by-law or amendments thereto, but the plan or amendments thereto adopted or the by-law or municipality shall be discharged by the imposition of amending by-laws passed are subject to the approval rates upon the rateable property in such areas. R “ vowo. under the Planning Act of the Minister or of the +-„ Municipal Board, as the case may be. 14. The payment of money or the transfer of real property from any party municipality or local board thereof to 5. A requirement for joint approval of any subsequent any other party municipality or local board thereof amendments to official plans or restricted area by-laws including the payment of compensating grants by any of any party municipality passed under the Planning party municipality or local board thereof to any other Act. party municipality or local board. 6. The level or apportionment of expenditures incurred in 15. The composition and term of office of the council of any respect of any joint municipal service or any service party municipality or of any local board thereof. provided by a joint local board. 16. 7. Special provision for the assessment of real property The division or redivision of any party municipality into wards. and the preparation of assessment rolls in respect of annexed or amalgamated areas. 17. The holding of elections in part or all of any party • 8. The provision of any service by one party municipality municipality, the qualifications of candidates and or local board thereof to the whole or any part or parts electors, the preparation of polling lists, the fixing of of any other party municipality or local board thereof, nomination day, the fixing of days for first meetings of the rates, prices and charges in respect of the service,thecouncils and local boards and for such other matters as • manner in which and upon what lands or rateable the Lieutenant Governor in Council considers neces- property the cost of the service is to be levied and raised sary to provide for the effective administration of any and the manner in which and upon what lands or rate- party municipality or of any local board thereof. able property the liabilities in respect of service previ- ously provided by any party municipality are to be dis- 18. The change in status of any party municipality. charged. 19. The authority for any party municipality to use, 9. The continuation or otherwise of by-laws in annexed or '' acquire or service land located in another party amalgamated areas. municipality. 10. The requirement for and the methods of arbitration with respect to any issue. 20. The deeming of agreements in respect of the matters • mentioned in paragraphs 6, 8 and 14 to be matters 11. The adjustment of assets and liabilities as between any within the meaning • of subsection 149(2)of the.bfunici-R\t`_' I's”. party municipalities or local boards thereof, including pal Act. unpaid taxes and the right to collect such taxes.' • 21. The level at which payment may be made to a party 12. The creation, amalgamation and dissolution of any municipality by any ministry under any program of local boards of party municipalities and provision for that ministry. the adjustment of assets and liabilities of such local boards. 22. The transitional protection of employees of party municipalities and local boards thereof. 13. The establishment of special areas within any party municipality that are to be subject to special rates and charges,including the adjustment of the rights,claims, 23. Where the holder of an operating licence under the liabilities and obligations of the ratepayers of any such Public Vehicles Act is adversely affected, the payment R-S." 1''u'• , u> areas and the extent to which the liabilities of any party ` of compensation by a party municipality to the holder , of the licence in respect of such adverse effect. • • • 1981 MUN. BOUNDARY NEGOTIATiONS Chap. 70 9 8 Chap. 70 MUN. BOUNDARY NEGOTIATIONS 1981 Re rinrlma. 1 9. Where in the opinion of the Minister an order made .i rtna.,•t. . 24. The exercise, or the witholding of the exercise, by any under section 14 does not fully carry out the intent and purpose of order party municipality of its power, under any general or that was intended, the Lieutenant Governor in Council may on special Act. 1981. t. 70. -. 14. the recommendation of the Minister, amend or revoke any such order and,unless the Lieutenant Governor in Council determines r..,•mr,u,notheryise. section 17 does not apply to any such subsequent l.i. An order under section 14 does not affect any exemption from order. 1981. c. 70. s. 19. taxation not or partial exemption from taxation or rates or provision therefor Finam'ial affected in am general or special Act. 1051. r. 71). s. 15. 24).-(1) The Lieutenant Governor in Council may, out of a.•ntanrr the moneys appropriated therefor by the Legislature, provide Application of 16. Section 20 of the assessment act applies to lands situated financial assistance to any party municipality in respect of the R ti u wttu costs incurred by the municipality in carrying out studies related ,.ii,N.9s in any service area created under paragraph 8 or 13 of section 14 to the issue or issues raised by an application. in respect of taxation or rates levied under or by virtue of an order made under-ection I 1 a-if the service area were the whole (2) The Minister may require that the party municipalities 111 mtrd,ut,on municil Carlin I�).s 1. , - . I h. contribute to the costs incurred by the Province as the result of an • application under section 2. including the costs of studies under- Noti,c•,.r 1 7.-(1) No order shall be made under section 14 until taken. in such proportion as the Minister considers appropriate. intention1981. c. 70, s. 20. Gencr.J to make twenty-eight days after the Clerk of the Executive Council has or.ler given public notice by publication in a newspaper'or newspapers 31. The Lieutenant Governor in Council, upon the recom- having general circulation in the party municipalities of the mendation of the Minister, may authorize all such acts or things intention to make the order. not specifically provided for in this Act that in the Minister's opinion are necessary or advisable to carry out effectively the Filing of (2) Any person may file notice of objection to the proposed purposes or intent of this Act. 1981. c. 70. s. 21. "t""""o° issuance of an order with the Clerk of the Executive Council22. y section Dr h'a'ft Any power or duty conferred on the Minister b within the period of twt•nty-eight days.and the objection shall be 4, 7,9 or 10 may be delegated by him in writing,subject to such in e.riling and give rear-nn. therefor. 1981. c. 70. 17. limitations,conditions and requirements as the Minister may set out in his delegation,to the Deputy Minister of Municipal Affairs tt here 18. Where objections are received under subsection 17(2),no and Housing or to any officer of the Ministry of Municipal ol,kcti,.n. Affairs and Housing who may act for him in his place and stead, received orderoshalleor made of the following:oe Lieutenant Governor in Council has and when the Deputy Minister of Municipal Affairs and Housing done one more the , or such officer acts in the place and stead of the Minister,it shall . 1. Referred any matter to which objection has been made be presumed conclusively that he acted in accordance with such to the party municipalities for consideration and to delegation. 1981. c. 70. s. 22. determine whether the intermunicipal agreementthe • s t+ + be adjusted to meet the objection or objections. 23.-(1)Section 11 of the t�lunicipal.4ct,being chapter 302 of the Revised Statutes of Ontario, 1980, is repealed re-en,t. tr., 2. Sought the advice of an Issues Review Panel with and the following substituted therefor: respect to one or more of the objections. t:recti,m of 11.-(1) Upon the application of an improvement district improvementecion 3. Appointed one or more hearing officers to hear any having a population of not less than 500, the Municipal Board istrict. objections and, following a hearing under rules of pro- may erect the improvement district into a village or a township. u;village lll v 01 cedure adopted by the hearing officer or officers, to make recommendations thereon. (2) Upon the application of an improvement district having a a'""'" 1 population of not less than 2,000,the Municipal Board may erect 4. Referred one or more objections to the Municipal the improvement district into a town. P Board to hear such objection or objections,and after a hearing, to make recommendations thereon. (3) Upon thea plication of a village or townshiphaving a village or population of not less than 2,000,the Municipal Board may erect toNnngt into town 5. De,itletl that the obiection or objection- is or are out- the village or township into a town. weighed by the public interest. 1981, c. 70. s. 18. • s 10 Chap. 70 MUN. BOUNDARN' NEGOTIATIONS 1981 1981 MUN. BOUNDARY NEGOTIATIONS Chap. 70 11 Erection of (4) Upon the application, authorized by the Minister, (3) Section 14 of the said Act is repealed and the following sub- 11;_s.°. 1980. village. 302.c. 14. town or stituted therefor: rermacted township into (a) of a village or town located in a county and having a a cite population of not less than 15,000; or 14.—(1) In this section, "local board" means a local board 1"tep,rr- '.11ion (b) of a township located in a county and having a popula- as defined in the Municipal Affairs Act. R s u. 19wt. tion of not lest than 25,000, c.Nit the Municipal Board may erect the village, town or township (2) Upon the application of any municipality authorized by Annexation. into a city. • by-law of the council thereof or upon the application of the Minister authorized by the Lieutenant Governor in Council, or Idem (5) Upon the application, • upon the application of at least twenty-five inhabitants, being British subjects of the full age of eighteen years, the Municipal (a) of a village or town not located in a county and having Board may by order on such terms as it may consider expedient. a population of not less than 15,000; or annex any locality that does not form part of any municipality to the municipality and any such order may annex a greater or (b) of a township not located in a county and having a smaller area or areas than the, area or areas specified in the population of not less than 25,000, application. the Municipal Board may erect the village, town or township (3) The Municipal Board,before proceeding with the applica- .-..,r '' into a city. tion of the council of any municipality under subsection(2), may require that the by-law of the council shall receive the assent of Application the electors of such municipality. aP to (6) An application by an improvement district, village, town authorised or township under this section shall be authorized by by-law of b.bt-law the board of trustees of the improvement district or the council of (4) The Municipal Board before making any order under sub- Puhi" heanne I. the village, town or township, as the case may be, and notice of section(2), shall hold a public hearing, after such notice thereof ',.h,hi the application shall be published in such manner as the Munici- has been given as the Board may direct, for the purpose of 11 Is."`r'i pal Board may direct. inquiring into the merits of the application and of hearing any objections that any person may desire to bring to the attention of Enlargement (7) An application for the erection of a city or town under this the Board. of area of ,itor ection may include an application for the annexation of anytown i (5) Where in a municipality affected by a proposed annexation I.tt°'''.1 be erected locality that does not form part of any municipality and which ..Rued adjoins the applicant municipality and, where the Municipal an official plan approved under the Planning Act or a predeces- plan Board considers it desirable that the adjoining locality, or any sor thereof is in effect and a by-law of a municipality is passed to R N 1450.greater or smaller area, be included in the city or town, the authorize an application for an order of the Municipal Board ' i'" Municipal Board may annex the locality or any greater or smaller under this section, and a certified copy of the by-law has been area to the city or town in the order erecting it. • sent to the Minister of Municipal Affairs and Housing and to the planning board or planning boards having jurisdiction in any area affected by the application, the by-law shall not be deemed ldem (8) Where it is proposed that an adjoining locality be annexed to be or be held invalid on the ground that it conflicts with the to the city or town to be erected, the application for the erection official plan. shall so state and shall designate the locality to be annexed,and • the provisions of section 14 shall apply with respect to the part of ' (6) The/Municipal Board may order a division or redivision of """"" thea licatio and the order thereon,dealing with the proposed PP I,r g P Posed a municipality into wards if, in the opinion of the Board, the wane, annexation. annexation renders such division or redivision necessary or R.S.O. 1900, desirable. c.302, (2) Subsection 12 (3)of the said Act is amended by striking out 5. lam 2 13lde "amalgamation or" in the fifth line and by striking out "14 (7) The Municipal Board may, by any order made pursuant Furth" (8), (11), (16)and (18)"in the sixth line and inserting in lieu lamer.of thereof"14 (6), (7), (12) and (13)". to an application under this section or by subsequent order or 31uniei,al a orders, Boani 12 Chap. 70 MUN. BOUNDARY NEGOTIATIONS 1981 1981 MUN. BOUNDARY NEGOTIATIONS Chap. 70 13 (a) make all such adjustments of assets and liabilities as nominations, either before or subsequent to the day on betweenythe municipality and any local board affecteddwhich the annexation becomes effective, the appoint- ofoany such t, assr thee Boardoa may consider upon o q indefault ment of returning officers, the holding of elections, the agreement, may equitable; qualifications of candidates and electors, the prepar- (b) create, amalgamate or dissolve such local boards and ation of first polling lists and assessment rolls,the fixing make such adjustments of assets and liabilities of local of days for first meetings of the council and any local boards as may be agreed upon or, in default of agree- boards, and for such other matters as it may consider ment, as the Board may consider equitable; necessary to provide for the effective administration of the enlarged municipality or of any local board thereof: (c) define special areas within the municipality as enlarged by such annexation having regard to the areas annexed ) (i) direct the name that shall be borne by the enlarged thereto, and adjust the rights, claims, liabilities and municipality; obligations of the ratepayers of such areas and provide the extent to which the liabilities of such municipality (j) where the holder of an operating licence under the Public Vehicles Act is adversely affected by the annex- K`i 1 1''8O• shall be discharged by the imposition of rates upon the ation, rateable property in such areas; (d) appoint one or more referees, who shall have all the (i) authorize the municipality to pay to the holder K>1) i'so. powers mentioned in section 52 of the Ontario Munici- of the licence in respect of such adverse effect '" pal Board Act, to inquire into and report to the Board the amount of compensation agreed upon. or upon the adjustments of assets and liabilities and of (ii) direct what if any, be paid rights, claims, liabilities and obligations referred to in byi the municipality compensation,the holder shall the licence clauses(a),(b)and(c),or any of them, the report to be respect of such adversetothholdeeffectr filed with the Board within such time as the Board may from time to time allow, and the Board shall consider the report and may hear such representations with (k) where by reason of any annexation order made under respect thereto as it may see fit and may adopt. vary or this section the taxable assessment of a locality as amend the report or refer it back to the referee or defined in the Education Act is reduced by not less than K'U 1980. 12,,referees for further consideration, and the order of the 15 per cent as shown by the last revised assessment roll Board adopting the report or varying or amending the prior to the effective date of such annexation,authorize report is final and conclusive and not open to question and direct the payment to a school board thereof by the or appeal and is binding upon all municipalities and annexing municipality or a school board thereof, to local boards affected thereby; relieve such school board from any undue burden by reason of the loss of such assessment, of compensating (e) fix the remuneration and expenses of the referee grants during a period of not more than five years after referees and declare by whom and in what manner the the effective date of the annexation in such amounts remuneration and expenses shall be paid; and manner as may be agreed upon between the municipality and the school boards and approved by (j) subject to section 20, require the transfer of real prop- the Municipal Board or, failing agreement, as the erty from any local board to the municipality or a local Municipal Board considers equitable; board thereof, and take any such transfer into consid- eration in the adjustments of assets and liabilities; 1 (1) where by reason of annexation orders made under this section within any three-year period the taxable (g) vest real lproperty any local board in the municipality ng 1 assessment of a locality as defined in the Education Act or a local board thereof and take any such vesting • into consideration in the adjustments of assets and is reduced by not less than a total of 15 per cent as liabilities; shown by the last revised assessment rolls prior to the effective date of each of such annexations,and no order has been made under clause (k),authorize and direct (h) make all such provisions for thetcompositionofs theothe payment to a school board therein by the annexing council and any local bollards, the fixing of days for municipality or a school board thereof, to relieve such 1 1981 MUN. BOUNDARY NEGOTIATIONS Chap. 70 15 14 Chap. 70 MUN. BOUNDARY NEGOTIATIONS 1981 1 be made until after one complete fiscal year of the municipality school board from any undue burden by reason of the has elapsed following the date of the annexation. loss of such assessment,of compensating grants duringflu"iril,al a period of not more than five years after the effective• (12) The Municipal Board may make such rules and regula- Hoard ma' date of the last annexation in such amounts and manner tions and issue such orders and directions in respect of any mat- mai.e rule•. as may be agreed upon between the municipality and ter not specifically provided for in this section as it considers rt` the school boards and approved by the Municipal necessary or desirable in connection with any such annexation Board or, failing agreement, as the Municipal Board 1 and every such rule, regulation,order and direction is valid and considers equitable after a public hearing in each case; r. binding upon all municipalities and local boards interested in or affected thereby. (m) do or cause to be done all such other matters, acts, • (13) Thepowers conferred upon the Municipal Board by this rr,„tsi,. deeds and things as may be necessary or incidental to ir tb” the carrying out of the annexation provided for in such section may be exercised at any time or times notwithstanding,,,ti„n", order; I any other provision in this Act or any other special or general Act prr`atl •and, in the event of any conflict between the provisions of this (n) after a public hearing,if the Board is of the opinion that section and the other provisions of this Act or any other special or the last revised assessment of an annexed area or any general Act, the provisions of this section prevail. portion thereof is on a higher basis than the last revisedtk•..,.m assessment of the annexing municipality and is therefor (14) Section 94 of the Ontario Municipal Board Act does not ura' '°, not equitable therewith, direct what percentage of the r apply to a decision of the Municipal Board providing for an annraation annexation or refusing an application for an annexation and such K i,1 I"O. rates for all purposes to be levied for taxation in the annexing municipality shall be levied in the annexed decision, area or any portion thereof, provided that an order (a) shall be in writing; under this clause may be made only in respect of the rates to be levied in either the first or the first and (b) shall identify the area to be annexed; and second annual levies after the date of the annexation. t rt a" (c) shall fix the date when the annexation shall be (8) The Municipal Board may,by any order made pursuant to effective, x•"or arca, an application under this section or a predecessor thereof or by • subsequent order or orders, define urban services and cost of urban services and establish and, after establishment, alter one and a copy of the decision shall be sent by the secretary of the Board by registered mail to the clerk of every municipality, or more urban service areas within the municipality as enlarged including every county, affected by the decision, and to such by an annexation and determine the manner in which and upon what lands or rateable property the cost of providing urban ser- other persons as the Board may direct. vices is to be levied and raised by the municipality, and deter- (15) No order shall be made under subsection (2) until the N"li';°"i jblrt lion mine the manner in which and upon what lands or rateable � expiration of twenty-eight days after the mailing of the copies of�� property the liabilities,in respect of urban services of any annex- the decision under subsection (14) and, within such period of ed locality or area as it existed prior to the annexation, shall be twenty-eight days,notice of objection to the decision may be filed discharged by the imposition of rates in an urban service area. with the Clerk of the Executive Council. Elk,order of (9) An order under subsection (8) does not affect any exemp N (16) For the purposes of subsection(15),the notice of objection 1'b'^' order"" tion or partial exemption from taxation or rates or provision r rxrmptio 1 means an objection in writing, giving reasons therefor, that, therefor in any general or special Act. according to the certificate of the clerk of the municipality, is Assessment Act a plies to lands situated signed by not less than 10 per cent of the persons qualified to vote Application of (10) Section 20 of the p who are resident in, ESO. 1980. c.31.s.20 in an urban service area with respect to taxation or rates levied under or by virtue of an order made under this subsection as if (a) the municipality that has applied for the order; or the urban service area were the whole municipality. • (b) the area that by the decision is to be annexed to the tkt,rmi":,- (11) Where compensating grants are to be determined by the ' applicant municipality, tion of . comlw•":atinu Municipal Board under clause(7)(k►,the determination shall not grants b) Board 16 Chap. 70 MUN. BOUNDARY NEGOTIATIONS 1981 1981 MUN. BOUNDARY NEGOTIATIONS Chap. 70 17 (221 When an order is made under subsection (2), it shall be k�'or.irr""" and includes, where there are no persons qualified to vote who "I order are resident in the area to be annexed, an objection in writing, registered as required by section 63 of the Registry Act as soon as under R.. .0 PM). giving reasons therefor, authorized by resolution of a school practicable after the effective date of the order, , 44;., na board having jurisdiction in the locality in which such area is (a) where the order is made upon the application of the situated. Minister, by the Minister; and teithdra"al (17) An objection filed under subsection (15) may be with- of objection drawn by the filing with the Clerk of the Executive Council, at (b) where the order is made upon the application of a any time before the Lieutenant Governor in Council has made an municipality, by the clerk of the municipality. order under subsection(18), of a notice in writing of such with- drawal signed by one-third or more of the objectors provided (4) Subsection 15 (3)of the said Act is amended by striking out R S 0' 1'+'°• that the then remaining objectors constitute not more than 10 per "(19)to (25)"in the second line and inserting in lieu thereof;,nn.n,t,.,1 cent of the persons who were entitled to sign the objection under "(14) to (20)". subsection (16), or, where the objection was authorized by a k t> 1'1 u'• school board,.of a certified copy of a resolution repealing the (5) Subsection 17 (2) of the said Act is repealed. ;.tK;i;,i 17 authorizing resolution. k'I' I"g (6) Sections 18, 19,20 and 11 of the said Act are repealed and the t Pots cr.of (18) Where an objection is filed in accordance with subsec- following substituted therefor: – 1%-=1• re-enacted I•"•tet"""` tions(15)and(16)and is not withdrawn, the Lieutenant Gover- rr, acte t„ Goc,•rtx.r in 18. Except where otherwise ordered by the Municipal Board, - coun,it nor in Council may by order, ,-. where a locality is annexed to a municipality, the by-laws of the .,nn,•.,yt municipality extend to the locality and any by-laws then in force '''r"""' (a) confirm the decision of the Municipal Board; or in the locality cease to apply to it. • (b) require the Municipal Board to hold a new public 011 hearing of the annexation application before such 19.—U) Where, ,•t, . ret'.1 um• . members of the Board as the Lieutenant Governor in (a) an improvement district is erected into a village, Council may designate. township or town; .0 itettc (19) The decision of the Municipal Board, (b) a village or township is erected into a town; or „i dri,inn (a) where no objection is filed in accordance with subsec- (c) a village, town or township is erected into a city, tions(15) and (16)or where the objections thereto are withdrawn in accordance with subsection (17); or all the assets and liabilities of the former municipality and its local boards are assets and liabilities of the new municipality and (b) when confirmed by the Lieutenant Governor in Coun- its local boards,and the new municipality and its local boards for cil; or all purposes stand in the place and stead of the former munici- j pality and its local boards. (c) after a new public hearing ordered by the Lieutenant Governor in Council, (2) Without limiting the generality of subsection(1), the new t.t,tn is final and not open to appeal, and the Board may thereupon municipality has the same rights and powers as respects the col- make an order under subsection (2). logtion and recovery of all unpaid taxes imposed by the former municipality, including those for the year in which the erection i takes place, as if such taxes had been imposed by the new Ay{diration,.r (20) Nothing in this section affects the application of section R.S.o. 1980. municipality. c.347•, 95 95 of the Ontario Municipal Board Act. I tip{e,.ni�m Adding (21) Where an area becomes part of a local municipality in a 20. Unless otherwise ordered by the Municipal Board, where a„r oat {mom icolit, county or another territorial district, it thereafter forms part of township is separated from a union of townships, the real prop-Pima iunrn n in a r"unry that county or territorial district, except for the purpose of rep- ; erty belonging to the union of townships and situated in the ; • or amrnrr separated township belongs to and is vested in the separated union of territorial resentation in the Assembly. townships district • 1981 MUN. BOUNDARY NEGOTIATIONS Chap. 70 19 18 Chap. 70 MUN. BOUNDARY NEGOTIATIONS 1981 i township anti the remainder of the real property is the property #3 20. The short title of this Act is the Municipal Boundary'1‘,rt otI of the remainder of the union. Negotiations Act, 1981. Unpaid 21.—U) Except where otherwise provided by the Municipal *Nu'l'l: This Act was prtcI:un,cd in l„rcc as o f Fehntar> 1st. 19142. ”"`' Board, where a locality is incorporated as an improvement dis- trict,township,village or town,any taxes that are unpaid at the time the incorporation takes effect belong to the newly incorpo- rated municipality and may be collected and recovered by it as if t they had been imposed by it. 1,km (2) The unpaid taxes,the right to collect and recover which is t transferred to the newly incorporated municipality under sub- section(1),shall be taken into consideration upon the adjustment of assets and liabilities consequent upon the incorporation. R.s.o. 1980. (71 Subsection 22 (2) of the said Act is repealed. 1981, c.302.>.22(21. repealed C. 70, s. 23. Transitional 24.—(1) Notwithstanding subsection 23 (3) of this Act, where the Municipal Board has, on or before the day this Act comes into force, received an application under section 14 of the It`tt. '98"- Municipal Act, the Board shall hear and determine the subject- ,.a„2 matter of the application and section 14 of the Municipal Act as it existed on the day before the day this Act comes into force con- tinues to apply but unless the Board has made an order finally • determining the matter within two years of the day this Act comes into force, the application shall be deemed to have been withdrawn. Mem (2) Notwithstanding subsections 23(5), (6)and(7)of this Act, subsection 17(2),sections 18, 19,20 and 21 and subsection 22(2) , of the Municipal Act, as they existed on the day before this Act • comes into force,continue to apply to annexations or amalgama- tions provided for by statute or Municipal Board order. 1981, c. 70, s. 24. Withdrawal (3) A municipality that has filed an application under section • app1980. R 14 of the Municipal Act with the Municipal Board prior to the 1st RSU.. 1980. c.302 day of February. 1982. may. at any time before the Board has matt• an artier finally determining the matter. and -ultjet t to such order as to costs as the Board may make, withdraw the ` application. 1,110, (4) Where an application is withdrawn under subsection (3), any notice of objection to a decision of the Board made in respect of that application that is filed under subsection 14 (20) of the Municipal Act shall be deemed to be also withdrawn. 1982, c. 33, s. 1. Commence- 25. This Act comes into force on a day to be named by procla • - ment mation of the Lieutenant Governor. , • The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 97-04 C ° o a ,4 9 4 -1 Being a by-law to authorize an easement on lands from the Village of Port Burwell to the Village of Port Burwell and the Town of Tillsonburg aver lands owned solely by the Village of Port Burwell. WHEREAS the Municipal Act, RSO, 1990 c. M45, s 102 as amended gives powers to every council to pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law, and; WHEREAS the Council of the Village of Port Burwell has purchased the CP Rail way lands for the purpose of a utility corridor and recreational trail by bylaw 96-44, and; WHEREAS the Corporation of the Village of Port Burwell has entered into a joint ownership of agreement with the Town of Tillsonburg executed by bylaw 97-11, and; WHEREAS the corporation of the Village of Port Burwell retains separate ownership of the former CP Rail lands within the municipality described in Registered Plans 11 R-6474 and 11 R-6475, and; WHEREAS the Town of Tillsonburg requires an easement agreement for the said lands within the Village of Port Burwell in order to ensure a continuous corridor and trail access. Now therefore the council of the corporation of the village of Port Burwell ratifies the execution of deed and easement agreement by the Reeve and the Administrator/Clerk-Treasurer attached hereto as Schedule "A" of this bylaw. This By-law shall come into full force and effect on the day of the execution of the easement agreement ratified by the final passing of this bylaw. Page 1 of Read a first and second time this 12th day of August, 1997 I, . ' as Ik . �f._ -i 'I Reeve r Read a third time and finally passed on this 12th day of August, 1997. 1 • t..Ii .iI i r / Alit Pi .TJ t / / Page 2 of 2 rr n""""" Transfer/Deed of Land .,° . „r A � or r>,,,",,^ Form 1—land Registration Reform Act ill -"v" l I Y ( (1) Registry Ell Land Titles ❑ (2) Page I of 9 pages .--> (3) Property Block Property L."') i= ( ) \ / identifier(s) �,uwraI -i C7 \ Schedule ❑ CJ / CJ \\A ' '` � (4) Consideration f-" C� i- 1 u) TWO '= 1 00/100 Dollars $2 .00 Nt") Qo — j ! (5) Description This is a: Property Property -r Division ❑ Consolidation ❑ u • J Firstly: Part of Lot 11, Concession 1, LL ..1. `.:1 Geographic Township of Bayham, Part of o rc t , Unnumbered Lots west of Lots 16 and 17, West cc o New Propertyldentiflers of Robinson Street, Lots 24 and 25, West of u. Aadnlonar. Robinson Street, Part of Lots 18 to 23, See Schedule Illinclusive, West of Robinson Street, Part of Lots 18, 19 and 20, West of Lots West of Executions Robinson Street, Part of Lots 21 to 25, Additional Continued on Schedule "A" attached See Schedule (6) This (a)Redescription (b)Schedule for: (7) Interest/Estate Transferred Document New Easement , Additional 5elr;iloaplx Easement and Right-of Contains Plan/Sketch Description ❑ Other ® Way ® Parties (8) Transferor(s)The transferor hereby transfers the land to the transferee J¢OXIMQ{iKMMNIM OOROMA{,(p($f( OKOW4VMAjttrZ KAMB t;XX Date of Signature Name(s) Signatures) / V / 0 THE CORPORATION OF THE VILLAGE Per: l/L 1997 OF PORT BURWELL Tom Ne SR Per: it ' 199742 ,r' David R. Free/Administrator/_ _ Clerk-Treasu er We have authority to bind the Corporation (9) Spouse(s)of Transferors)I hereby consent to this transaction Date of Signature Name(s) Signature(s) Y M D (10) Trensferor(s)Address 21 Pitt Street, P.O. Box 10, Port Burwell, Ontario, NOJ 1TO for Service _ (11) Transferee(s) Date of Birth V M 0 THE CORPORATION OF THE VIL,IPGE OF PORT BURWELL THE CORPORATION OF THE TOWN OF TILLSONBURG as Tenants in Common, each as to a 50 percent interest ... (12) Transferee(s)Address 21 Pitt Street, P.O. Box 10, Port Burwell , Ontario, NOJ 1TO for Service 200 Broadway, 2nd Floor, Suite 204, Tillsonburg, ON. N4G 5A7 (13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief,this transfer does not contravene section 50 of the Planning Act Date of Signature Date of Signature Y M D Y M D Signature Signature . . . Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor tc Z determine that this transfer does not contravene that section and based on the information supplied by the transform to the best of my knowledge enc o belief,this transfer does not contravene that section.I am an Ontario solicitor in good standing. Date of Signature kName and o Address of V M U ( Solicitor Signature a - ' (14) Solicitor for Transfereo(s)I have investigated the title to this land and to abutting land where relevant and I am Satisfied that the title record' reveal no contravention as set out in subclause 50(22)(c)(ii)of the Planning Act and that to the best of my knowledge and belief this transfe 0,n 'tt does not contravene section 50 of the Planning Act.I act independently of the solicitor for the transferor(s)and I am an Ontario solicitor in goo( E h S standing. a E v,�, Name and g o: Address of Date of Signature <Y Solicitor v M 0 Z rn Signature (15) Assessment Roll Number a• 1ain. filers Sub. , Pet. i trees and Tax of Property multiple -j (16) Municipal Address of Properly (17) Document Prepared by: w not assigned Scott,Krantz-Sippel& Brander to Land Transfer Tax Law Firm w — v 254 Pall Mall Street,Suite I01 LL London,Ontario o N6A 5P6 rc LioLouiiiiiiii.oimiiiii.didaw u.0 Total File 1606/JKS �„ °°""" Schedule • Onlerio Form 5-land Registration Reform Act page 2 Additional Property Identifier(e)and/or Other Information SCHEDULE "A" TO TRANSFER DEED OF LAND Firstly: (Continued) inclusive, East of Howard Street, Part of Waterloo Street (Closed) , Part of Wellington Street (Closed) , Part of Pitt Street (Closed) , Registered Plan 12, in the Village of Port Burwell, County of Elgin designated as Parts 1 and 2 on Plan 11R-6474 Subject to a right-of-way over, along and upon that part of Waterloo Street (Closed) , Registered Plan 12, and Part of Lot 11, Concession 1, Geographic Township of Bayham, now in the Village of Port Burwell, as set out in Instrument No. 100784 and designated as Part 2 on Plan 11R-6474 . Secondly: Lots 21, 22, 23, 24 and 25, Part of Lot 6, Part of Lots 8 to 20, inclusive, Part of Water Street (Closed) , Registered Plan 98, Part of Otter Street (Closed) , Registered Plan 12, Part of Lots 11 and 12, Concession 1, Geographic Township of Bayham, Municipality of the Village of Port Burwell, Part of Lots 12 and 13, Concession 1, Township of Bayham, County of Elgin designated as Parts 1 and 2 on Plan 11R-6475. Appurtenant to and for the benefit of the following lands of the Transferee: 1. ) A. Part of Lots 19 and 20, Concession North Gore, Township of Bayham, County of Elgin, designated as Parts 1, 2, 3, 4 and 5 on Plan 11R-6476, subject to an Easement over, along and upon that part of Lot 20, Concession North Gore as set out in Instrument 28525 designated as Part 4 on Plan 11R-6476. B. Part of Lot 17, South of Third Street, Part of Lot 15,- North of Second Street, Part of Lot 15 and all of Lot 16, South of Second Street, Part of Lot 13 and all of Lot 14, North of First Street, all of Lot 14, South of First Street, all of Lots 14 and 15, North of Talbot Road, Part of First and Second Streets, Registered Plan 205 (Village of Straffordville) , Part of Lots 126, 127 and 128, Concession North of Talbot Road, Township of Bayham, County of Elgin, designated as Part 1 on Plan 11R-6477 . C. Part of Lots 6 and 7, Concession 3, North of Talbot Road, Geographic Township of Middleton, County of Norfolk, Municipality of the Township of Norfolk, Regional Municipality of Haldimand-Norfolk, being all of the lands previously described in registered Instruments numbered 84766 and 86456 (secondly) . D. Part of Lots 1, 2, 3, 4 and 5, Concession 3, North of Talbot Road, Geographic Township of Middleton, County of Norfolk, Municipality of the Township of Norfolk, Regional Municipality of Haldimand-Norfolk, being all of the lands previously described in registered Instruments numbered 84754, 84763, 84757, 84763, 84755, 84758, 84764, 84759 and 86457 . E. Part of Lots 23, 24, 25 and 26, Concession 9, Township of Bayham, County of Elgin, .being all of the lands previously described in registered Instruments numbered 11777, 11759, 11931, 11770, 11776, 11722 and 11887 . >01 u-Z ow QW 0D `11111� "tpbw eppvrrlon SalWucs+3.11,IORONW•CANADA AK ton re prr,rrrl by,bl lir+Mr S,ptr1 PCS++Gr 1.++Fri,,,.Lo+1a",O,.,,,u SCSOp1 u;1992 ProvinceSchedule �„ '•"' S of pMsrio Form 5-Land Registration Reform Act Page 3 Additional Properly Identifiers)and/or Other Information F. Part of Unnumbered Canadian Pacific Railway Block, Registered Plan 258, Part of Lots 20, 21, 22 and 23, Concession 8, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11767, 11773, 11766, 12187, 11'64 and 11777 . G. Part of Lots 125 and 126, Concession South of Talbot Road, Part of Lot 17, Concession South Gore, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11895, 11843 and 11763 . H. Part of Lots 17 and 18, Concession 5, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments n mbe92edBa11889 (Bayham) , 11783 (Bayham) , 11883 (Bayham) , Y and 11888 (Bayham) . I . Part of Lots 17 and 18, Concession 4, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments e is numbered ad 12402 (Bayham) , 11901 (Bayham) , Y (Bayham) . J. Part of Block I, Registered Plan 54, Part of Lot 17, Concession 3, Part of the Road Allowance between Concession 2 and 3 (Closed) , Part of Lot 17, Concession 2, Township of Bayham, County of Elgin, being all of the lands previously described in registered (Bayham)Instruments numbered 1822 (Vienna) , 1447 (Vienna) , nd 13113 (Bayham) . K. Part of Lot 16, Concession 2, Township of Bayham, County of Elgin, being all of the lands described in registered Instruments numbered 1445 (Vienna) , 1821 (Vienna) and 1822 (Vienna) . L. Part of Blocks E, G and K, Registered Plan No. 54, Part of Lots 13, 14 and 15, Concession 2, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered ie11884 (Bayham) , 11899 (Bayham) , 14457 (Bayham) , 1446 1459 (Vienna) , 1771 (Vienna) and 2173 (Vienna) . M. Part of Lot 13, Concession 1, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11896 (Bayham) and 14622 (Bayham) . N. Part of Lot 18, Concession 3, Township of Bayham, County of Elgin, designated as Part 1 on Plan 11R-6479 . O. Part of Lot 17, Concession 4, Township of Bayham, County of Elgin, designated as Part 1 on Plan 11R-6478 . Being all of the lands described in Transfer/Deed registered February 6, 1997, in the Registry Office for the Registry Division of Elgin (No. 11) as Instrument No. 375323, and registered February 6, 1997, in the Registry Office for the Registry Division of Norfolk (No. 37) as Instrument No. 522431. >rrrl( O›- 00 QW 07 LL ` SCSCVII I J 1972 *Yeas w corporation SdrOxs`3.11 r tuaoM 10•cu,wr. Nome-0 pr7n,4 6�Sral.h'r.drSrpprl p L6.4,1..+�u,n.!s+/.+.C1�lau • rlovin�s Schedule .�",�'� • °' 4 • _ Onurlo Form 5—lend Registration Reform Act Page— Additional Property'dentlfler(s)and/or Other Information 2 . ) Any lands of The Corporation of the Village of Port Burwell wherever situate in the Village of Port Burwell, including: Part of Market Square, established by Plan 12, Village of Port Burwell, County of Elgin, being Parts 5 and 6 on Plan 11R- 2760. 3 . ) Any lands of The Corporation of the Town of Tillsonburg wherever situate in the Town of Tillsonburg, including: Lots 1192 to 1194, inclusive, Plan 500, Part of Lots 1188 and 1191, Plan 500, Town of Tillsonburg, County of Oxford, being Parts 1 and 3 on Plan 41R-2066 and Parts 5 and 6 on Plan 41R-2323 . • 00' ,711 y ,Lo Z (] W oD LL II SC50011 il!'9'? Hy%ur ca paullont.-S s•3.II I lonomm•CAHA°A Lk.mnl/pp..,hp.Crdf,Kr�Apry)F 1MAIrr,la.{Fro,tendon,(NW 11 plovi,ce Schedule :" ° • 10 of OMem, Form 5—Land Registration Reform Act rage Additional Property Property Identllier(s)and/or Other Information SCHEDULE "B" TO TRANSFER/DEED OF LAND The Corporation of the Village of Port Burwell Transferor • - and - The Corporation of the Village of Port Burwell and The Corporation of the Town of Tillsonburg Transferee Witnesseth that in consideration of the sum of Two Dollars ($2 .00) , now paid by the Transferee to the Transferor, receipt whereof is hereby acknowledged, the Transferor grants to the Transferee, and the Transferee' s successors and assigns, the following easements and rights: (a) to enter on and construct, install, lay, repair, replace, reconstruct, inspect, alter, remove, use, operate, service and maintain sanitary and/or storm sewers, including all appurtenances thereto, upon, in, through, over, under, along and across the lands of the Transferor; (b) to enter on and construct, install, lay, repair, replace, reconstruct, inspect, alter, remove, use, operate, service and maintain lines of telephone, telegraph, telecommunications, and electric power and service wires, including all necessary poles, wires, service wires and cables, both buried and aerial, conduits, markers, fixtures, guys and anchors and equipment, and all appurtenances or accessories thereto, upon, in, through, over, under, along and across the lands of the Transferor, together with the right to attach other wires, cables and accessories and to authorize the attachment of wires, cables and accessories or the laying, repairing or renewing of underground cables, transformer vaults, service pedestals and other fixtures or equipment by any other company or commission for the purpose Only of supplying a public utility service to the lands of the Transferee; (c) to enter on and construct, install, lay, repair, replace, reconstruct, inspect, alter, remove, use, operate, service and maintain upon, in, through, over, under, along and across the lands of the Transferor a pipeline (s) for the distribution and transmission of gas, including therewith all such pipes, conduits, chambers, plant, machinery, installations, materials, devices, fittings, works, equipment, appurtenances, attachments, apparatus and appliances which the Transferee may deem necessary or convenient thereto, together with the right to attach, lay, repair or renew any pipeline (s) and pipes, conduits, chambers, plant, machinery, installations, materials, devices, fittings, works, equipment, appurtenances, attachments, apparatus and appliances of any other company or commission for the purpose only of supplying gas to the lands of the Transferee; (d) to enter on and construct, install, lay, repair, replace, reconstruct, inspect, altar, remove, use, operate, service and • maintain a water line (s) for the distribution and transmission of water, including therewith all such pipes, conduits, chambers, plant, machinery, installations, materials, devices, fittings, works, equipment, appurtenances, attachments, apparatus and appliances which the Transferee may deem necessary or convenient thereto, upon, in, through, over, under, along and across the land of the Transferor; >w 11 I apdalien Sdi1oes•3.11 r"mann".rnnn"n IAronr+f prrf.vlly.c,,1hmelr-Cryrf.l IV ib+n Jr.1.+.Frrr�,Inndn,.(MI+n+ c.any, i, mot °"„c° Schedule rrt ,'3rr • Ona,. Form 5—Land Registration Reform Act c qn 6 Additional Property Identlfer(s)and/or Other information (e) to enter on and construct, install, lay, repair, replace, reconstruct, inspect, alter, remove, use, operate, service and maintain improvements on the lands of the Transferor in connection with the use of the lands of the Transferor as a bicycle path and/or a cross country ski trail and/or a recreational trail and/or related uses; (f) a right-of-way for persons and vehicles over the lands of the Transferor for all purposes in connection with the exercise of the easements described in paragraphs (a) , (b) , (c) , (d) and (e) above; (g) a right-of-way for persons and legally authorized vehicles over the lands of the Transferor for all purposes in connection with the use of the lands of the Transferor as a bicycle path and/or a cross country ski trail and/or a recreational trail and/or related uses; (h) for the servants, agents, contractors and workmen of the Transferee to enter upon all of the lands of the Transferor with machinery, material, vehicles, supplies and equipment necessary for the use of the easements and rights-of-way granted herein. It shall be lawful for the Transferee and the Transferee's successors and assigns to exercise and enjoy the rights, liberties and privileges hereby granted without being liable for any interference, loss of use or loss of profit which shall or may be thereby caused to the said lands or to the owners and occupiers thereof from time to time and the Transferee shall have the right to cut down or remove any brush, trees, shrubs, fences, pavements, ramps, curbs and other objects as may be necessary or convenient in the exercise of the rights and privileges hereby granted and likewise to excavate and remove the soil and surfaces for the purposes aforesaid. The Transferee covenants with the Transferor that it will restore the said lands to a condition approximately the condition which existed immediately prior to each and every entry upon the said lands, excluding the replacement of brush, trees, shrubs, fences, pavements, ramps, curbs and other objects. The Transferor covenants that no buildings or other structures shall be erected on or over the lands described herein without the written consent of the Transferee. The Transferor further covenants that it has the right to convey the rights, liberties, privileges, easements and rights-of -way hereby granted and will execute such further assurances as may be requisite to give full effect to this Indenture. • F w'l l !T., LL Z 00 2 OD LL r l l strous co,por.11on SOhboc.+J n •[In(•rn••.r Annus 1' .' .t Sou,lt...r:.Cgq,7 n ILn.Jr.1.,.Arm 1...J..,t h,r..,. SC•C_.n u 1902 t•,orinc. Schedule s°""."'"'141 Ontario Form S—Land Registration Reform ActPage 7 • (-Additional Property idenlilier(s)and/or Other Information It is hereby agreed that the covenants and agreements on the part of the Transferor and the Transferee shall run with their respective lands and shall enure to the benefit of and be binding upon their respective successors and assigns. IN WITNESS WHEREOF The Corporation of the Village of Port Burwell, as Transferor, and The Corporation of the Village of Port Burwell and The Corporation of the Town of Tillsonburg, as Transferee, have executed this Agreement. Transferor: The Corporati the V. 11ag of Port Burwell Per: .- Tom esbitt,. ecevv Per: Daid R. Fr Administra or/Clerk-Treasurer We have authority to bind the Corporation Transferee: The Corpor ' n of e V. 1 ge of Port Burwell Per: [;�}f,1, 46( T Nesbitt, eeve Per: D vi R. Fr e Administr or/Clerk-Treasurer We have authority to bind the Corporation The Corporation of the Town,of Tillsonburg 4� Per: misals2m McK 1:1,1t, Ma or Per: •avid Morel: , Administrator-Clerk We have authority to bind the Corporation I, DAVID C. MORRIS, CLERK-ADMINISTRATOR OF THE TOWN OF TILLSONBURG, HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE TOWN OF TILLSONBURG AND THE VILLAGE OF PORT BURWELL AGREEMENT. vat% k DAVID ' MO"I I;;I`II �Z 00 .lyl.us cot portion So(tDo s•311,trmnnrn.cnnnuA Ibc.,.c.t,.,pard 61 tic.lt,Nr..t..Sppd 8 Il,.dr;Inr 1'n..L..l ti(h,r.,w y13O01' rt,t9I2 , nir.;, ,. Affidavit of Ifesidence and of Value of the UonsIderatiu . neer to•,instructions on Iavplsn site. Form 1 -Land Transfer Tax Ac 1f4 THE MAI ER or IRE CONVEYANCE or (Ir...rlhrleld..e,l,ri.rr, l.nd) Lau(]s Within -1:.11e._V_i,llage.9f_ POrt._---. • Burwell,._County_o.f._Elgin, being .Parts_ 1 and 2,. Plan__11R=6474.,__and-iaz_ts_1__and 2., _Pl_an_11R_6.475- ---- — - - -- —- -- BY (print name,of.11 h.n.te,...or,trigTHE_CORf?QRA'I'ION OP_l'HE VILLAGE OF FORT SURWELL__ _ t o (see h.saacllen r.real p,hd n.,rre.of.e aaasrerees M M9 11I QQBI?Q TI.Q(_QF I IIE_ ISI AO_E QE_EQIII_BURWELL__. _at>_d_THE._COR pORATI,ON_Qrt�a •T•U�E pTOII�N QF__ILLI ONBUR_G _ _- I, (see Instruction 7 end prInf ware e)In IMI y v 1dJltr_Er_e_e MAKE OATH AND SAY THAT: I am (place■cies,mu11 within the,quare eppe.ne that env of the loft ehre p.r.grephe that deecrlbea the capacity et the depeneny.))r (.e.Inrheellen 7) ❑ (a) A person In trust for whom the land conveyed In lite above described conveyance is being conveyed: ❑ (b) A trustee named In the above-described conveyance to whom the land I,being conveyed; ❑ (c) A transferee named In lite above described conveyance; ❑ (d) The authorized agent or solicitor acting in this hnnsactiorl for(Insert name(.)of prinelpel(.)) n described In paragraphs) (a). (b). (c) above,prone sue refer t.Inppng eable pe ra A.) ❑ (e) Tip'41( 4y¢ ( AtEpllIa , rithE t EBteasurer authorized to act for posers...mew at crepe,eneo(e)) The Corpora_t1 lit—Qt—tk>_e_ Village_of Port Burwell__.___-____.__- ._. .described In pnragraph(s) (al, (4, (C) above;(sh15.end,ete,enee.I.Inepplleeh/e pery,phaf Li (I) A transferee described m paragraph( )fraena eery ewe Si per.v.w,h(a)•(b)or Welton..es appecaas.)and am snaking Ihis affidavit on my own behalf ands behnll of(insert name or apnea.) __-_ _ __--____who Is my spouse describe In paragraph( )(toted en',one of par.p.ph(.),(h)of(c).bo.,5..ppae.eh) and as such.I have personal knowledge of lire facts herein deposed to 2 (ro be completed where the value of the consideration for the conveyance exceeds$400.000). 1 have read and considered the definition of"single family residence"set out In clause 1(1)On)of the Act lire land conveyed In the above described conveyance ❑ contains al least one and nal more limn two single family residences. Note:Clause 2(I)(d)imposes en additional lax at ale rate of onehal1 01 one pr ❑ does nol contain a single family residence. cent upon the value of consideration In excess of S/00,000 where the conveysnc ❑ contains more Than Iwo single family residencespee ins/reef/on J) contains al least one arid not more than two single family residences. J. 1 have read and considered the definitions of -non-resident corporation' and "non resident person" sot out respectively in clauses 1(1)(I) and WI of the Ar and each of the following persons to whom or In trust for whom lite land Is being conveyer)In the above described conveyance is a "non resident corporation or a'non resident person"as sal out In the Act. (ace Instructions I and a) _Rohe 4 THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid In cash S t2_.00 (b)Mortgages (I)Assumed phew prhrclpel end/Mere.t re be credited yolmr purchase poke) . S Nil_ (ii)Given back 10 vendor $ --Nil (c)Properly transferred in exchange(detail hole.) $ _Nil____ All Week' (d)Securities transferred to the value of(d.rer bele.) $ _ Nll_ Most a. (e)Liens,legacies,annuities and maintenance charges to which!rangier is sub)ecl S _ _ N11-__ fMed In (1)Other vniubble consideration sub)ecl In land transfer tax(dere/)bate.) S Nil tweed-NII (g)VALUE OF LAND, BUILDING, rixTunES AND GOODWILL SUBJECT TO who,. LAND THANSFEO TAX (total or(a)to(f)) $ — _2.00 s (h)VALUE OF ALL CHATTELS -Items of langlbte personal properly Appncabr (nota Sole.Tax Ix pay.ble an the value of all chattel.unless eumpt unMr Ni l the p,evIsleni,et the'Miall Sales N.Acr,n.s.o. 1910,sane.a.emended) - (i)Olhar consideration for transaction not Included In(g)or(h)above $ Nil O)TOTAL CONSIDERATION $ 2.00 5. if considerelion is nominal.describe relationship between transferor and transferee end state purpose of conveyance.(see M.avenen e)„ems 1�t_e10_7 B. If Ilse consideration Is nominal.Is the land sub)ecl to any encumbrance?liQne — 7. Other remarks and explanations.II necessary..io_AXI_vide_Tra.no er_e_vI1t e_age_Olent_ausl_Xlght-o The_re_ie_.too_money pamings ir_e_ctly ox indirectly from •tile_'xau-sferee_t_o_t_tte._ Sworn Del a me et the C vt ” In the 0.4-p.-1 of) 'pct r c c- y thea �'1 1i\ 41a Y)1,t-t4 a 1997 - A Commnssi nor for taking Alliddyills.etc- D v i d Fr err") Property Information Record For Land Registry Olrlee Use Only A Describe nature of Instrument' .Txansfer/Deed_Qf._ 1.a_nst - - Heglsiralion No. B. (I)Address of properly being conveyed(If.r.neble)-_ (II)Assessment Roil No.(If.rollebl.) C. Mailing address(es)Ion future Notices of Assessment under Me Assessment Act for properly being conveyed pee In,bverlon z).2 1__Pi,tt_SJ xeet,___P— B.X_,1 Q,_t?_Qr_t . neghdraNen Date 1 and Ilegisrry()hese Ne Bux_well,Ontazio,_ 0. (I)Reglstratlon number for last conveyance of properly being conveyed(N...a.bh)3/5322 (1t)Legal description of properly conveyed: Same as In D.(I)above. Yes® No Hol known❑ E Nenne(s)and addresses)of each Irensleree•s solicitor Scull,Krnnlz_SIppei_&__bander,.Law Hint.254_11!aill Mail Slrcel,Suite_1QI,Lundun,_U111:1 ll_NO.A P6.._.__. _ __. _ School Tax Support(Voluntary Election) See reverse for explanation (n) Are ail Individual Innis/flees Homan Cntinotic 7 Yes❑ tin❑ (b) If Yes,do all individual Irensferees wish to be Homan Cnlholic Sepmnlo School Supporters 7 yes❑ fro❑ (c) Do all Individual transferees have French Language Educnilon ruullis 7 Yes❑ tlo❑ (d) If Yes,do nil Indlvldunl Irmrsferees wish to support the French 1 miming,.Srhnnl flonrrl(where e;l:nirllthnd)7 Yes n Hn n • 111,100.ee.; Me1m, r,^°nrr.e• MOM.. Affidavit of liesltlelice and of Value of the ConSlderatlo • Rei:road instructions on merge skit. Form 1 -Land Transfer Tax Ar /N It1E MAT Or t11E CONVEYANCE OF (Mord brief desert/Maio elland) Lands__w-ithinl_.Lhe_ Vi,rIlage__of_PQrt-_- B4x 611_,_Cowlty__o_f_E.1-gine-be�i)ig art,� Laud-2_,._Flan_11R_691Z4 a and_Eaxtrs_1-alit BY (pain,name,of eft fren,ferer,In top THE_ COREQRATIQd OS E VILLAGE QE_P_ORLBURWHLL _.--__ 1 D (tee instruct/en h and palm names el MI eenere,.ee M air_TRI_S $ATI_QN_QE lE LLAGE QE POQT__B_UR LL _ _and_THE_CQREQRA.TION OF THE TQWN_FO _TILJkSQNH.URG _ I, (see Instruction f end pint nerve(.)In hely,J aY_id—MQxx s —-- -_ __ - MAKE OATH AND SAY THAT: 1. 1 Am (pie..•.leer mull within the•were appal..Mel em of the lellew/ng per.ereph•that describe.fate capeelry of the deponenf(ep- (see In.rrucnon 71 ❑ (a) A person In trust for whom the land conveyed In lire above described conveyance Is being conveyed, ❑ (b) A trustee named In the above-described conveyance to whom the land Is being conveyed: ❑ (c) A Iransteree named In the above described conveyance: ❑ (d) the authorized agent or solicitor acting In this transaction!or(Insert name(.)of principal(.)) __]{ �_ _-p F�p� { described In paragraph(s) (a), (b). (c) above:(striae out references I.In.pp.cable pe,.grephi) ® (e) The��0(4Q 4Ab ggWq I J(y D(QU5D(Otleswc, nullwrlted to act for(insert newel,)of cerpmUlen(.Jl The orpora_ti,.oc-o tne_lo_wn_ f._: i1,1aonburg-------------. ----------- ___ described In paregrapb(s) (4S. (b4. (c) above:(hies.out reference,to In.pp.c.bie p.,.g..ph,) El (I) A trarrsleree described in paragraph( )(tn.wf only one of p•,•s1eph(e).(el«(e).base,es applicable)and nm making this affidavit on my own behalf end c belief?of(Imrerl new.ef.poe..)_ _ _ - _- -_-_-____. ____—- _- ___who U my spouse describe in paragraph( )(insert ontr em of p...gr.ph(e),fir)Of(c)oboe.,as.pp.abie) end as such.I have personal knowledge of the!acts I,nrein deposed lc 2 (To be completed where the value of the consideration for the conveyance esceeds$400,000). I have read and considered the dellnlllon of'single family residence'set out In clause 1(1)(01)of the Act. The land conveyed In the above described conveynncr ❑ contains Al lees?one end not more then Iwo single Mildly residences. Note:Meuse 2(1)(d)Imposes en add.lonat tea at the rale of one-hall of one p• ❑ does nol contain a single family residence cent upon the value of consideration In excess of$100,000 where the conveyanc p contains more than Iwo single?amity residences (see Instruction a) confetti,at least one and not more Than two single tensity residences. 3 I have reed end considered the definitions of "non resident cmporelion" and "non resident person"set out respectively In clauses 1(1)(I) and (g) of the A. and each of the loilowing persons to whom or in trust for whom the tend is being conveyed In the above-described conveyance Is a '-non resident corporallor ore"non•resident person"as set out in the Act. pee ln.r,ucdon..end s) _ 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Montes paid or to be paid In cash $ _____ 2._,Q0 (b)Mortgages (I)Assumed(she.principal end interest to be credited.feint purchase pace) S Ni 1_ (II)Given back to vendor (c)Property transferred In exchange(detail bele.) $ N 7. . All enne, (d)Securntes transferred to the value of(deals bele.) $ -__ Nil__ Ives e. (e)Liens,legacies,annuities end maintenance charges to which transfer Is sub(ecl $ --—__Ni l filled In (I)Other valuable consideration sub(ect to land transfer lax(d.f.11 bete.) $ Nil Insert-Nil (g)VALUE OF LAND. BUILDING, FIXTURES AND GOODWILL SUBJECT 10 Where LAND TRANSFEn TAX (TvteT of(a)to(I)) $ _ 2 .Q9 $ _ 2 Qo nppllc.bi (in)VALUE or ALL CHAT T ELS -items of tangible personal properly 1 - (netell Sales 1e le payable en Me salve el alt chane,•unless exempt under $ N i l the preelalons of the"Retell Sale.Tee Art",R.S.O. 1160.e.454,es emended) (1)Other consideration for transaction nol included in(g)or(In)above $ Ni l (I)TOTAL CONSIDERATION S 2.00 5. If consideration Is nominal,describe relationship between Iransleror and transferee and Mate purpose of conveyance.(see instruction 6. If the consideration Is nominal,Is lire land subject to any encumblance7 7 Other remarks and explanations.11 necessary._TSL.p.YQy 1 Cie �ailp �r�e_�PC1 tl� B�'DLe - �la�._- Thear B Iloal0ltny_ pa.aftng tjre ti.,y or inii.r_goti.v from the Transferee to trite__ Tr.ansf erQr. Swan betas me at NW T"rxa U L T—"$��1 a`.t h C In the Coo W -76, D rete f' j day of kW-1 is 1997 5OMMISSIONEns AFFIDAVITS ACT - :i., R.S.O. 1990. Chap. C.17, Sec 1(2) J�� 11 la..(.)� 1s. for laking A tdevns.etc. TOWN OF TILLSONB/JHG Da. • Mo r r i- ns.•, • Property Information Record For Land Registry Office Use Only A. Describe nature of Instrument: T3•e a3_f ex/J2ead of Laud Registration No. B. (I)Address of properly being conveyed(It esallebi.) (11)Assessmenl Holl No.(If.....btu) C. Malang eddress(es)for future NoticesofAssessment under the Assessment Ad la property being conveyed(see instruction 7J.2.Q3[—A_�� a.y.l� �i�QQ . tt� a 2_a�4�_— neghir ellon vele land fl.ghiry(Mice No 'N'i_ll�onbttxg� Ontatio_g_114G 5A7 D. (I)Registration number for last conveyance of property being conveyed(n...neer.).315 2.2 (Olegai description of properly conveyed: Same as in D.(1)above. Yes I01 No❑ Not known❑ E Neme(s)and address(es)01 each transferee's solicitor cyll,_I{ranlz-$ippel&U rider, aw firm,254 PallMall Stf_e_ uite 10j,L91ldun,.Ontario N6A 5P6 School Tax Support(Voluntary Election) See reverse for explanation (a) Are all individual transferees Roman Catholic 7 Yes LI No U (b) II Yes,do all individual transferees wish lb be liournn Catholic Separate School Supporters 7 Yes❑ No❑ (r) Do all Individual transferees have french Language Education highly 7 Yes❑ No U (.1) If Yes.it.,nit Individual trnnsfer.cy with to sunnnt)Ilya f Ienrh I,nnrmnn^.,haat nn'.rd I- I,nrn,,rr„r.u.r.,,•u -._(-1 ()F PORT .;34141W1' THE CORPORATION OF THE ..... VILLAGE OF PORT BURWELL `�� PO.Box 10,Port Burwell,Ontario NO) I TO � =. (c telephone (S 14)874-4343 • fax (S 19) 874-4948 home page:http://www-kanservu.ca.burwell PORTUS REFUGIV August 14, 1997 Scott & Krantz-Sippel 202 - 244 Pall Mall Street London ON N6A 5P6 Attention: Ms. Joan Krantz-Sippel Dear Ms. Krantz-Sippel Please find enclosed a certified copy of our By-Law 97-04 as well as a copy of the Transfer/Deed of Land for your files. I trust that you will find the attached in order and if you should have any further questions please feel free to call. Yours truly David R. Free, CET, AMCT, Ec.D. Administrator/Clerk-Treasurer David R.Free,CET,AMCT • Administrator/Clerk-Treasurer GE OF PORT 6U t 91/•F THE CORPORATION OF THE .!.� VILLAGE OF PORT BURWELL roglitit P.O.Box 10,Port Burwell,Ontario NOJ I TO Aar', s telephone (519) 874-4343 • fax (519) 874-4948 W110iLW home page:http://www-kanservu.ca.burwell iphik '°ORTUS REFUGIUM August 14, 1997 Town of Tillsonburg Town Centre Mall 200 Broadway, 2nd Floor Tillsonburg ON N4G 5A7 Attention: Dave Morris Dear Mr. Morris Please find enclosed a certified copy of our By-Law 97-04 as well as a copy of the Transfer/Deed of Land for your files. I trust that you will find the attached in order and if you should have any further questions please feel free to call. Yours truly David R. Free, CET, AMCT, Ec.D. Administrator/Clerk-Treasurer David R.Free,CET,AMCT • Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 97-05 Co 0 o"Z q S 7- Being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a Joint Venture Agreement with the Corporation of the Town of Tillsonburg. WHEREAS the Municipal Act, RSO, 1990 c. M45, s 102 as amended gives powers to every council to pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law, and; WHEREAS the municipality has deemed it necessary to enter into a Joint Venture Agreement with the Corporation of the Town of Tillsonburg for the Big Otter Utility Corridor and Recreation Trail further described as; 1.) A. Part of Lots 19 and 20, Concession North Gore, Township of Bayham, County of Elgin, designated as Parts 1, 2, 3, 4 and 5 on Plan 11R-6476, subject to an Easement over, along • and upon that part of Lot 20, Concession North Gore as set out in Instrument 28525 designated as Part 4 on Plan 11 R-6476. B. Part of Lot 17, South of Third Street, Part of Lot 15, North of Second Street, Part of Lot 15 and all of Lot 16, South of Second Street, Part of Lot 13 and all of Lot 14, North of First Street, all of Lot 14, South of First Street, all of Lots 14 and 15, North of Talbot Road, Part of First and Second Streets, Registered Plan 205(Village of Straffordville), Part of Lots 126, 127 and 128,Concession North of Talbot Road,Township of Bayham, County of Elgin, designated as Part 1 on Plan 11 R-6477. C. Part of Lots 6 and 7, Concession 3, North of Talbot Road, Geographic Township of Middleton, County of Norfolk, Municipality of the Township of Norfolk, Regional Municipality of Haldimand-Norfolk, being all of the lands previously described in registered Instruments numbered 84766 and 86456 (secondly). D. Part of Lots 1, 2,3, 4 and 5, Concession 3, North of Talbot Road, Geographic Township of Middleton, County of Norfolk, Municipality of the Township of Norfolk, Regional Municipality of Haldimand-Norfolk, being all of the lands previously described in registered Instruments numbered 84754, 84763,84757,84763, 84755, 84758, 84764, 84759 and 1 86457. E. Part of Lots 23,24,25 and 26, Concession 9,Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11777, 11759, 11931, 11770, 11776, 11722 and 11887. F. Part of Unnumbered Canadian Pacific Railway Block, Registered Plan 258, Part of Lots 20, 21, 22 and 23, Concession 8,Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11767, 11773, 11766, 12187, 11764 and 11777. G. Part of Lots 125 and 126, Concession South of Talbot Road, Part of Lot 17, Concession South Gore, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11895, 11843 and 11763. H. Part of Lots 17 and 18, Concession 5, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11889, (Bayham), 11783 • (Bayham), 11883 (Bayham), 11892 (Bayham)and 11888 (Bayham). I. Part of Lots 17 and 18, Concession 4, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11893 (Bayham), 11901 (Bayham), 11784 (Bayham) and 12402 (Bayham). J. Part of Block I, Registered Plan 54, Part of Lot 17, Concession 3, Part of the Road Allowance between Concession 2 and 3(Closed), Part of Lot 17, Concession 2, Township of Bayham,County of Elgin, being all of the lands previously described in registered Instruments numbered 1822 (Vienna), 1447(Vienna), 11886 (Bayham) and 13113 (Bayham). K. Part of Lot 16, Concession 2,Township of Bayham, County of Elgin, being all of the lands described in registered Instruments numbered 1445 (Vienna), 1821 (Vienna) and 1822 (Vienna). L. Part of Blocks E,G and K, Registered Plan No.54, Part of Lots 13, 14 and 15, Concession 2, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11884 (Bayham), 11899 (Bayham), 14457 (Bayham), 1446 (Vienna), 1459 (Vienna), 1771 (Vienna) and 2173 (Vienna). M. Part of Lot 13, Concession 1, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11896 (Bayham) and 14622 (Bayham). N. Part of Lot 18, Concession 3, Township of Bayham, County of Elgin, designated as Part 1 on Plan 11 R-6479. 0. Part of Lot 17, Concession 4, Township of Bayham, County of Elgin, designated as Part 1 2 on Plan 11 R-6478. Being all of the lands described in Transfer/Deed registered February 6, 1997, in the Registry Office for the Registry Division of Elgin (No. 11) as Instrument No. 375323 and registered February 6, 1997, in the Registry Office for the Registry Division of Norfolk (No. 37) as Instrument No. 522431. 2.) Easement and Right-of-Way over: Firstly: Part of Lot 11, Concession 1, Geographic Township of Bayham, Part of Unnumbered Lots west of Lots 16 and 17, West of Robinson Street, Lots 24 and 25, West of Robinson Street, Part of Lots 18 to 23, inclusive, West of Robinson Street, Part of Lots 18, 19 and 20, West of Lots West of Robinson Street, Part of Lots 21 to 25, inclusive, East of Howard Street, Part of Waterloo Street (Closed), Part of Wellington Street(Closed), Part of Pitt Street (Closed), Registered Plan 12, in the Village of Port Burwell, County of Elgin designated as Parts 1 and 2 on Plan 11R-6474. Subject to a right-of-way over, along and upon that part of Waterloo Street (Closed), Registered Plan 12, and Part of Lot 11, Concession 1, Geographic Township of Bayham, now in the Village of Port Burwell, as set out in Instrument No. 100784 and designated as Part 2 on Plan 11 R-6474. secondly: • Lots 21, 22, 23, 24 and 25, Part of Lot 6, Part of Lots 8 to 20, inclusive, Part of Water Street (Closed), Registered Plan 98, Part of Otter Street (Closed), Registered Plan 12, Part of Lots 11 and 12,Concession 1, Geographic Township of Bayham, Municipality of the Village of Port Burwell, Part of Lots 12 and 13, Concession 1, Township of Bayham, County of Elgin designated as Parts 1 and 2 on Plan 11 R-6475. 3 .711. .M.MIMM, lImmm..11mmm '.um'' .' . ' . .' ". " —n• NOW THEREFORE the Council of the Corporation of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk-Treasurer to execute the agreement with the Corporation of the Town of Tillsonburg attached hereto as Schedule "A" of this bylaw. Read a first and second time this 25th day of March, 1997 Adm'-',.-•f4 or/Cle /'Tre• rer / thftf IF !!.•eve Read a third time and finally passed on this 25th day of March, 1997 A.m' , . (rk- rea .rer // /I ./ . _ . ._..., ' •eve 4 THIS JOINT VENTURE AGREEMENT made as of the 6th day of February, 1997. BETWEEN: THE CORPORATION OF THE VILLAGE OF PORT BURWELL ("Port Burwell"), the Party of the First Part - and - THE CORPORATION OF THE TOWN OF TILLSONBURG ("Tillsonburg"), the Party of the Second Part IN CONSIDERATION OF the covenants and agreements hereinafter contained and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by each of the Parties), the Parties hereby covenant and agree, effective from and after the Commencement Date, as follows: ARTICLE I DEFINITIONS 1. Where used in this Agreement or in any Schedule or amendment hereto, the following terms shall, unless the context otherwise requires, have the following meanings, respectively: 1.01 "Agreement"shall mean this Agreement, including any Schedules or amendments hereto; 1.02 "Buy-Sell Offers" shall mean two (2) contemporaneous offers by one Party to the other, each on identical terms (except that the price shall be pro-rated if the Party's Percentage Interests are not equal), one being an offer to purchase the Offeree's Joint Venture Interest and the other being an offer to sell the Offeror's Joint Venture Interest; 1.03 "Capital Account" shall mean, with respect to each Party, the aggregate value of all contributions to the Joint Venture from time to time by that Party, less the aggregate value of any distributions to date to such Party; 1.04 "Capital Contributions" shall mean contributions of capital required to be made by the Parties in accordance with Paragraph 4.03; 1.05 "Commencement Date" shall mean the 6th day of February, 1997; 1.06 "Contributing Party" shall rnean a Party making a Capital Contribution as provided for in Paragraph 4.03; 1.07 "Contribution Loan" shall mean a loan made by a Contributing Party to a Non- Contributing Party as provided for by Paragraph 4.04; 1.08 "Defaulting Party" shall mean the Party in relation to which, or whom, an Event of Default occurs; • 2 1.09 "Event of Default" shall mean an event listed in Subparagraphs 10.01(a) to 10.01(1) inclusive; 1.10 "First Right Notice" shall mean a written notice from one Party to the other of a Single Interest Offer received by that Party; 1.11 "Joint Venture" shall mean the Joint Venture undertaken by the Parties for the purpose set out in Paragraph 3.01; 1.12 "Joint Venture Costs" shall mean the total of all costs of any nature relating to the completion and ongoing operation and maintenance of the Project incurred subsequent to the Commencement Date including Construction Costs; 1.13 "Joint Venture Interest" shall mean, in relation to each Party, the Percentage Interest of each Party respectively from time to time in the Joint Venture; 1.14 "Major Decisions" shall mean decisions as defined in Paragraph 5.03; 1.15 "Non-Contributing Party" shall mean a Party failing to make a Capital Contribution as provided for in Paragraph 4.03; 1.16 "Non-Defaulting Party" shall mean the Party in relation to which, or whom, an Event of Default has not occurred; 1.17 "Offeree" shall mean a Party receiving a First Right Notice or a Buy-Sell Offer, 1.18 "Offeror" shall mean a Party delivering a First Right Notice or a Buy-Sell Offer, 1.19 "Party and Parties" shall mean, respectively, the individual Parties and both Parties to this Agreement; 1.20 "Percentage Interest" shall mean, in the relation to each Party, the Party's proportionate interest in the Joint Venture as defined by Paragraph 4.01; 1.21 "Project" shall mean the development and ongoing operation and maintenance of the Property as a utility corridor, and as a bicycle path and/or a cross country ski trail and/or a recreational trail and/or related uses, which shall be the undertaking of the Joint Venture; 1.22 "Property" shall mean the real property described in Schedule A; 1.23 "Single Interest Otter" shall mean a bona fide offer for the purchase of all of the Joint Venture Interest of one Party, which offer complies with the requirements of Paragraph 8.03; 3 ARTICLE II INTERPRETATION 2.01 Headings The division of this Agreement into Articles and Paragraphs and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. 2.02 Rules of Construction Unless the context otherwise requires; (a) the terms "this Agreement", "hereof', "hereunder" and similar expressions refer to this Agreement and not to any particular Article, Paragraph or other portion hereof and include any Schedule or amendment hereto; (b) references to Articles and Paragraphs are to Articles and Paragraphs of this Agreement; (c) words importing the singular number only shall include the plural and vice versa and words importing either gender shall include both genders and words importing individuals shall include firms and corporations and vice versa; (d) the word "or" may be conjunctive or disjunctive, as the context may require; (e) reference herein to any agreement, indenture or other instrument in writing means such agreement, indenture or other instrument in writing as amended, modified or supplemented from time to time; and (f) unless otherwise indicated, reference to any statute shall be deemed to be a reference to such statute as amended, re-enacted or replaced from time to time. 2.03 Governing Law This Agreement shall be construed in accordance with and governed by the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract. 2.04 Accounting Principles Wherever in this Agreement reference is made to generally accepted accounting principles, such reference shall be deemed to be to the generally accepted accounting principles from time to time approved by the Canadian Institute of Chartered Accountants, or any successor institute, applicable as at the time and such other principles as generally accepted in the Province of Ontario. 2.05 Currency All references to currency herein are to lawful money of Canada. 4 2.06 Entire Agreement This Agreement together with the documents referred to herein, constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the Parties hereto with respect thereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the Parties other than as expressly set forth in this Agreement. 2.07 Severability Save and except for any provisions or covenants contained herein which are fundamental to the subject matter of this Agreement, the invalidity or unenforceability of any provisions of this Agreement or any covenants herein contained shall not affect the validity or enforceability of any other provisions or covenants hereof or herein contained and any such invalid provision or covenant shall be deemed to be severable. 2.08 Schedules The following Schedules are attached hereto and are incorporated into this Agreement by reference: Schedule "A" - legal description of Property. ARTICLE III THE JOINT VENTURE 3.01 Formation The Parties hereby enter into the Joint Venture for the purpose of the completion and the ongoing operation and maintenance of the Project, and notwithstanding the provisions of Article V, agree to concur in securing of all work, services and material necessary to complete, operate and maintain the Project and to concur in the payment by the Joint Venture of all Joint Venture Costs; provided that all specific costs and liabilities shall be agreed to by both Parties before they are incurred by or on behalf of the Joint Venture. 3.02 Scope of Authority Except as otherwise expressly and specifically provided for in this Agreement, neither Party shall have any authority to bind or act for, or assume any obligations or responsibility on behalf of the other. Neither the Joint Venture nor either Party shall be responsible for any indebtedness or obligation of the other Party relating to the Property or otherwise, incurred or arising either before or after the execution of this Agreement, except as to those joint responsibilities, liabilities, indebtedness or obligations incurred pursuant to and limited by the terms of this Agreement, or as specifically agreed to in writing from time to time. Each Party shall indemnify and hold harmless the other from and against all claims, demands, losses, damages, liabilities, law suits, other proceedings, 5 judgments, awards, costs and expenses (including but not limited to legal fees on a solicitor and the solicitor's own client basis) arising directly or indirectly in whole or in part out of any breach of the foregoing provisions. 3.03 No Partnership Nothing in this Agreement shall be construed so as to create or support the existence in law of a partnership between the Parties. The Parties specifically deny any intention of creating a legal partnership. 3.04 Term The term of this Agreement shall commence on the Commencement Date and shall continue until terminated in accordance with this Agreement and for so long as the Joint Venture holds any interest in or has any obligations relating to the Property or until the Partes agree to its termination; provided that no Party shall have the right to withdraw from the Joint Venture and each Party agrees not to so withdraw, nor to dissolve, terminate, or liquidate, or to petition a court for the dissolution, termination or liquidation of the Joint Venture, except as provided for in this Agreement, and no Party shall at any time have the right to petition or to take any action to subject the Property, or any part or parts thereof, or any interest therein, or any other assets of the Joint Venture, or any part or parts thereof, to the authority of any court of bankruptcy, insolvency, receivership or similar proceeding. 3.05 Non-Assignment Both Parties agree that neither will sell, transfer, assign, mortgage or otherwise encumber, dispose of or cease to be an owner of the Property, except with the consent in writing of the other, or except otherwise in accordance with the terms of this Agreement. 3.06 Principal Place of Business The principal place of business of the Joint Venture shall be 200 Broadway, 2nd Floor, Suite 204, Tillsonburg, Ontario, N4G 5A7, or such other location as the Parties may agree upon from time to time. 3.07 Financing Any required financing, shall, wherever possible, be on the basis of several, not joint, liabilities so that each Party shall be liable only to the extent of its Percentage Interest. In the case of joint and several liability, the Parties, as between themselves, shall only be liable in the same percentage as their respective Percentage Interest and each hereby agrees to indemnify and save harmless the other for the Party's percentage share of such financing, and the Party's percentage share of any costs and liabilities associated therewith. 6 ARTICLE IV CAPITAL CONTRIBUTIONS 4.01 Percentage Interest Each of the Parties shall have a Fifty Percent (50%) Percentage Interest in the Joint Venture, including the Project and the Property. There shall be no adjustment to the Percentage Interest of either Party except as provided for by this Agreement or by written agreement of both Parties. 4.02 Initial Contributions It is the intention of the Parties that they contribute equally to the cost of the Joint Venture. Contributions to the Commencement Date have been made by the Parties equally. 4.03 Additional Capital Contributions To the extent that the Joint Venture requires funds for completion and ongoing operation and maintenance of the Project and the payment of Joint Venture Costs, the Parties agree to make additional Capital Contributions from time to time in accordance with the provisions hereof and in the same percentage amounts as their Percentage Interest as provided for herein, and as adjusted from time to time, and in such amounts as are sufficient to enable the Joint Venture to complete, operate and maintain the Project. Either Party may give notice in writing to the other Party of the requirement for additional capital contributions, which notice shall specify in reasonable detail the amount and purpose of any such additional capital contributions. Each Party shall, within thirty (30) days of such notice, deposit the additional capital contribution required by such notice into the bank account of the Joint Venture. 4.04 Contribution Loans In the event that either Party fails to make any such additional capital contribution within the time specified, a Contributing Party shall have the right to advance directly to the Joint Venture the funds required from a Non-Contributing Party as a loan to such Non- Contributing Party. 4.05 Contribution Loan Security In the event that the Contributing Party elects to make a Contribution Loan then the Contribution Loan shall bear interest at a rate equal to the Prime Rate charged by the Canadian chartered bank or trust company used by the Joint Venture from time to time plus two percent (2%). The Contribution Loan shall be due and payable immediately and shall be repaid out of any subsequent distribution made pursuant to this Agreement to the Non-Contributing Party. All payments shall be applied first to interest and then to principal until the Contribution Loan is repaid in full. Repayment of the Contribution Loan shall be secured by the Non-Contributing Party's Joint Venture Interest and the Non-Contributing Party hereby grants a security interest in such Joint Venture Interest to the Contributing Party and hereby irrevocably appoints the Contributing Party and any of its agents as the Non-Contributing Party's attorney with full power and authority to prepare and execute any 7 documents, instruments and agreements, including but not limited to any note evidencing the Contribution Loan, and financing statements and other security instruments as may be appropriate to perfect and continue such security interest in favour of the Contributing Party. 4.06 Remedies of Contributing Party In the event that any Contribution Loan has not been repaid in full within sixty (60) days of the date when the Contribution Loan is made, then, in addition to any other rights or remedies available to the Contributing Party at law or in equity, at any time thereafter the Contributing Party may elect to proceed under either Subparagraph 4.06(a) or 4.06(b). (a) Upon thirty (30) days prior written notice to the Non-Contributing Party, the Contributing Party may elect to treat the outstanding balance of its Contribution Loan as a Capital Contribution added to the Contributing Party's Capital Account and both Parties' Percentage Interests shall thereupon be recalculated as of the effective date of the notice of such election; or (b) The Contributing Party may elect to make written demand upon the Non- Contributing Party for payment in full of the Contribution Loan, including accrued interest attributable to such loan and, upon the failure of the Non-Contributing Party to pay such Contribution Loan, and interest, in full within seven (7) days following the day upon which demand is made, the Contributing Party may elect to treat such failure to pay as an event of default as provided in this Agreement, and to enforce the security interest in the Non-Contributing Party's Joint Venture Interest. 4.07 No Interest on Capital Interest earned on Joint Venture funds shall enure solely to the benefit of the Joint Venture and, except as specifically provided herein with respect to the payment of interest on a Contribution Loan, no interest shall be paid upon any contributions or advances to the capital of the Joint Venture nor upon any undistributed or reinvested income or profits of the Joint Venture. 4.08 Adjustment to Capital Accounts The Capital Accounts of each Party shall, during each fiscal year, be: (a) increased by Capital Contributions made by such Party during such fiscal year, and such Party's share of the profits (calculated without including depreciation) of the Joint Venture determined pursuant to Paragraph 4.09 during such fiscal year, whether or not distributed; and (b) decreased by distributions to or for the account of such Party, whether of capital or income, during such fiscal year, and such Party's share of losses (calculated without including depreciation) of the Joint Venture during such fiscal year, determined pursuant to Paragraph 4.10. 8 4.09 Allocation of Profits The respective share of each Party in all Joint Venture income and expenses and each item thereof, including depreciation and tax credits, shall be allocated to the Parties in accordance with their Percentage Interests; provided however, that the decision as to when, and to what extent, claims are made for such depreciation (capital cost allowance) and tax credits for tax purposes shall be left to the discretion of each Party. 4.10 Withdrawal of Capita( Except as otherwise provided herein, no portion of the capital of the Joint Venture may be withdrawn at any time without the consent of all of the Parties. Upon termination of the Joint Venture, the Parties' capital shall be distributed pursuant to Paragraph 10.04. ARTICLE V DECISION MAKINC,i 5.01 Decisions The Parties agree that all decisions regarding the Joint Venture, the Project or the Property other than Major Decisions and other than contributions toward costs payable by the Joint Venture solely as owner of the Property shall be made by the Board. 5.02 Board The Board shall consist of three representatives from each Party. At least one representative from each Party shall be a member of that Party's Council. Each representative shall be an individual who shall be qualified to be elected as a member of the Council of the Party which appointed such representative. Each representative shall hold office at the pleasure of the Council of the Party which appointed such representative and unless sooner removed from the Board shall remain on the Board until the expiration of the term of the Council of the Party that appointed such representative and until such representative's successor is appointed. 5.03 Major Decisions No act shall be taken, sum expended, decision made or obligation incurred by the Joint Venture with respect to a matter within the scope of any of the Major Decisions enumerated below, unless and until the same has been approved by both Parties. Major Decisions shall be: (a) acquisition of any land or other real property or interest therein, other than the Property; (b) financing or refinancing of the Joint Venture, the Property, or the Project; (c) the sale or transfer of the Property or the Project or any interest therein; (d) approval of any addition to and/or alteration of the Project or any portion thereof, 9 and of any modification of plans, specifications and drawings for the Project; (e) retention of legal counsel, surveyors, engineers and architects for the Joint Venture, and for the institution of any law suit or similar legal action; (f) making any expenditure or incurring any obligation by or on behalf of the Joint Venture; and (g) any other decision or action which materially affects the Joint Venture or the assets or operations thereof. ARTICLE VI MANAGEMENT 6.01 Overall Management The Board shall be responsible, in addition to its part in the decision-making process outlined in Article V above, for the implementation of all Major Decisions agreed to by both Parties and for the overall construction, operation and maintenance of the Joint Venture and the Project and the Property. 6.02 Chairman At each annual meeting of the Board, the Board shall elect from its members a Chairman who shall be responsible for the following: (a) presiding at all meetings of the Board; (b) signing, along with the Treasurer, all cheques. 6.03 Vice-Chairman At each annual meeting of the Board, the Board shall elect a Vice-Chairman who shall be responsible for fulfilling the Chairman's responsibilities in the absence of the Chairman. 6.04 Secretary At each annual meeting of the Board, the Board shall appoint a Secretary from the staff of one of the Parties who shall be responsible for the following: (a) keeping written minutes of all meetings of the Board; (b) receiving all correspondence directed to the Joint Venture and sending all correspondence required to be sent by the Joint Venture; (c) keeping and maintaining all records of the Joint Venture, including minutes of Board meetings, correspondence, contracts, plans, past financial statements and all other records; (d) forwarding to each Party written notice of any required contribution; and (e) forwarding to all members of the Board all notices required to be given under this Agreement. 10 6.05 Treasurer At each annual meeting of the Board, the Board shall appoint a Treasurer from the staff of the Party that the Secretary does not represent, who shall be responsible for the following: (a) maintaining all current financial records of the Joint Venture; (b) maintaining the Joint Venture's bank account and bank records; and (c) signing along with the Chairman or Vice-Chairman, of all cheques. 6.06 Bank Accounts The Board shall maintain at least two bank accounts, one of which shall be an operational account and one of which shall be a reserve account. All monies received by the Joint Venture shall be deposited into one or more of the bank accounts maintained by the Board. The Board may also place funds into such term deposits, investment certificates or other financial instruments as shall be decided upon by the Board. All cheques and other Bank documents shall be signed by the Chairman or Vice-Chairman and by the Treasurer. 6.07 Meetings The Board shall hold an annual meeting on or before the 15th day of February in each year for the purpose of considering reports, approving financial statements, electing officers, and establishing budgets. In addition, the Board shall hold at least four other meetings in each year in order to discuss such business as the Chairman may determine. The Chairman may also call such other special meetings as the Chairman considers necessary. All meetings of the board shall be at times and places as determined from time to time by the Chairman. 6.08 Notice of Meetings Notice of the time and place of each meeting of the Board shall be given to each member of the Board not less than five (5) days before the day on which the meeting is to be held, and the Notice shall specify the nature of the business to be conducted at such meeting. Notice may be given by mail or by telephone or by facsimile transmission, and the certificate of the Secretary as to the proper giving of Notice shall be conclusive of such Notice having been given. 6.09 Quorum A quorum at any meeting of the Board shall be four (4) members, of which there shall be at least two (2) representatives from each Party. All decisions of the Board in carrying out its tasks shall be agreed to by a majority of those present at such meetings. 11 6.10 Contracts and Documents All contracts, documents or instruments in writing shall be signed by the Chairman or Vice-Chairman and by the Treasurer or as otherwise authorized by the Board. 6.11 Capital Expenditures and Major Maintenance Expenditures The Board shall request tenders or bids for all capital expenditures and all major maintenance expenditures. 6.12 flutes The Board shall establish rules and regulations governing the use and operation of the Project and the Property. 6.13 budgets The Board shall repair and provide to the Parties the following budgets: (a) forthwith after the establishment of the Board, the Board shall establish a budget for the construction, operation and maintenance of the Project and the Property for one year and the budget shall be presented to each of the Parties for approval; (b) prior to December 31 of each year, the Board shall prepare and present to the Parties a budget for the construction, operation and maintenance of the Project and the Property for the following year, which shall include all costs relating to the construction, operation and maintenance of the Project and the Property and which shall include a reserve amount equal to ten percent of the cost of operating the Project and the Property; (c) forthwith after the Board is established, the Board shall prepare and present to each of the Parties a five-year budget forecast setting out both projected operating and capital expenditures, and further five-year budget forecasts shall be prepared as and when determined by the Board. 6.14 Reserve Accounts The Board shall establish a reserve account(s) for major capital expenditures relating to the Project and the Property. All reserve funds elected on an annual basis shall be deposited into such special reserve account(s). The determination of what constitutes a major capital expenditure, and the utilization of funds in the reserve account(s), shall be determined by the Board, provided that the reserve account(s) shall not be reduced below the total sum of $1,000.00. 6.15 Special Assessments The Board may submit a special assessment to each Party for the approval and the payment of same by each Party with respect to: (a) a deficit, projected or actual in the Board's initial budget or any of the Board's annual budgets, with respect to the Project and the Property; 12 (b) projected major capital expenditures which exceed the balance(s) in the reserve account(s). 6.16 Compensation of Parties Except as may be expressly provided for herein or hereafter approved by the Board, no payment will be made by the Joint Venture to either Party for the services of such Party. 6.17 Reimbursable Expenditures Each of the Parties shall be reimbursed by the Joint Venture for out-of-pocket expenditures incurred with respect to Joint Venture Costs, including broker fees, surveying costs, engineering costs, legal costs and costs of other outside consultants. 6.18 Time Devoted to Joint Venture • The Parties shall devote such time to the Joint Venture as is reasonably necessary to carry out the provisions of this Agreement. 6.19 Other Business Activity. Disclosure, Waiver Each of the Parties understands that the other may be interested, directly or indirectly, in various other businesses or undertakings not included in the Joint Venture. The Parties hereby agree that the creation of the Joint Venture and the assumption by each of the Parties of duties hereunder shall be without prejudice to the Parties' rights to have such other interests and activities and to receive and enjoy profits or compensation therefrom, and each Party waives any right to share or participate in such other interests or activities of the other Party. The Parties may engage in or possess any interest in any other business venture of any nature or description independently or with others, including but not limited to, the ownership, financing, leasing, operation, management. syndication, brokerage, or development of real property, and neither the Joint Venture nor the other Party shall have any right by virtue of this Agreement in or to such interest or the income or profit derived therefrom. ARTICLE VII ACCOUNTING. 7.01 Books and Records The Joint Venture shall maintain, at the expense of the Joint Venture, accurate books and records of account on an accrual basis, in which shall be recorded all matters relating to the Joint Venture, including all income, expenditures, assets, and liabilities thereof. The said books and records, and all other information relating to the Joint Venture, shall be maintained at all times at the place of business of the Joint Venture. Each Party, or its authorized representative, shall have the right to inspect and copy the books, records, files and documents of the Joint Venture at all reasonable times. 13 7.02 Fiscal Year The fiscal year of the Joint Venture shall end on such date of each year as agreed to by the Parties from time to time. 7.03 Allocations to Partle3 Each item of income, gain, loss, deduction or credit earned, realized or available by or to the Joint Venture shall be allocated to the Parties in accordance with the Percentage Interest of each Party. 7.04 Accountant The Joint Venture may engage such firm of chartered accountants as the Parties may agree upon in respect of each fiscal year. If engaged by the Joint Venture, such firm of chartered accountants shall at the end of each fiscal year. (a) prepare a balance sheet as at the end of such fiscal year and an income and net cash flow statement for such fiscal year within sixty (60) days after the end thereof; and (b) prepare any and all income tax returns or information statements of the Joint Venture and furnish same for review and approval by each of the Parties at least thirty (30) days prior to any statutory dates for filing thereof. ARTICLE VIII TRANSFER AND BUY-SELL 8.01 Prohibition Against Transfer Except as expressly permitted herein, neither Party shall sell, assign, transfer, mortgage, charge or otherwise encumber, or agree to sell, assign, transfer, mortgage, charge or otherwise encumber, whether voluntarily or by operation of law, any part or all of its Joint Venture Interest, without the written consent of the other Party, and any document evidencing such sale, assignment, transfer, mortgage, charge or other encumbrance, or agreement to do so, shall be void; provided that this Paragraph shall not prohibit any such transactions between one of the Parties and one of its shareholders, a corporation controlled by the Party or its shareholder, the spouse or child of a shareholder, or a trust in which the entire beneficial interest is owned by a shareholder, or the spouse or child of a shareholder, provided further that any such permitted transaction shall be on the express condition that such shareholder, corporation, trust, spouse or child agree to be bound by this Agreement. 8.02 Right of First Refusal If a Party receives a Single Interest Offer which it desires and intends to accept, it shall before accepting such offer give a First Right Notice to the other Party. 14 8.03 Requirements of Offer A Single Interest Offer shall satisfy the following requirements: (a) it shall provide for a closing date within ninety (90) days of the date of the Offer, (b) the proposed purchase price (which shall be net of any liability of the Joint Venture which the prospective purchaser has agreed to assume), if not payable entirely in cash, shall not be secured by any charge, encumbrance or hypothecation of a Joint Venture Interest; (c) it shall contain provisions obligating the purchaser to comply with the provisions of Paragraph 9.02 on or before closing; (d) it shall be an offer by a principal (identified in the offer and not an agent acting on behalf of an undisclosed principal) which principal shall not be related to or affiliated with the Offerors or in which the Offerors have any direct or indirect ownership or control; (e) it shall be accompanied by a certified cheque,for a sum equal to at least ten percent (10%) of the proposed purchase rice , by way of deposit; (f) it shall be an offer from a prospective purchaser of good business character and reputation and financially capable of carrying out all obligations of the Offeror under this Agreement; and (g) it shall be from a prospective purchaser meeting the limitations set out in Paragraph 9.05. 8.04 First Right Notice The First Right Notice shall be accompanied by a true copy of the Single Interest Offer and shall be deemed to be an offer by the Offeror to the Offeree to sell the Joint Venture Interest of the Offeror at the same price and subject to the same terms and conditions as set forth in the Single Interest Offer. The Offeree shall notify the Offeror in writing of the Offeree's acceptance or rejection within thirty (30) days of the date of receipt of the First Right Notice, and failure to give notice within the required time period shall be deemed to be an election to reject. 8.05 Acceptance of Sale Offer If the First Right Notice is accepted by the Offeree as specified in Paragraph 8.04, there shall be deemed to be an agreement of purchase and sale between the Offeror and the Offeree which shall be completed in accordance with Article IX. 8.06 Right to Sell to Third Party If the First Right Notice is rejected as provided in Paragraph 8.04, the Offeror shall be free to accept the Single Interest Offer and to complete the sale of the Offerors Joint Venture Interest as provided therein. The Offeree's election not to exercise the Offeree's rights hereunder with respect to a First Right Notice or particular Single Interest Offer shall not constitute a waiver of the Offeree's rights hereunder with respect to any subsequent Single Interest Offers. 15 8.07 Buy-SO At any time prior to the termination of the Joint Venture, either Party may deliver Buy-Sell Offers to the other Party, which shall be open for acceptance for a period of thirty (30) days from their receipt, and one (1) of which offers may be accepted by the Offeree by delivery of written notice to the Offeror within thirty (30) days of the receipt of the said Buy-Sell Offers. 8.08 Acceptance of Offer If one of the Buy-Sell Offers is accepted, the Offeror shall be bound to sell the Offeror's Joint Venture Interest or to purchase the Offeree's Joint Venture Interest, as the case may be, in accordance with the terms contained in the Buy-Sell Offers and the closing of the transaction shall take place in accordance with Article IX. If neither offer is accepted within the said thirty (30) day period, then the Offeree shall be deemed to have accepted the offer of the Offeror to buy the Joint Venture Interest of the Offeree and the closing of the transaction shall take place in accordance with Article IX. 8.09 Limitation on Exercise Notwithstanding anything to the contrary contained in this Article VIII, no transfer of any Joint Venture Interest pursuant to this Article VIII shall be permitted, nor may either the First Right of Refusal right with respect to a Single Interest Offer, nor the Buy-Sell right, be exercised subsequent to the giving of a First Right Offer or the making of a Buy-Sell Offer, until all notice periods arising therefrom have expired and until all transactions arising therefrom have either been completed or otherwise terminated. ARTICLE IX GENERAL SALE PROVISIONS 9.01 Closing The closing of any sale of a Joint Venture Interest to the other Party pursuant to Article VIII, or Paragraph 10.02(a) shall be held at the place of business of the Joint Venture on the date thirty (30) days after. (a) with respect to a First Right Notice, the earlier of the receipt by the Offeror of the written notice of election by the Offeree pursuant to Paragraph 8.05, or the expiration of the notice period set by Paragraph 8.04; or (b) with respect to Buy-Sell Offers, the earlier of the receipt by the Offeror of the written notice of election by the Offeree pursuant to Paragraph 8.08, or the expiration of the notice period set by Paragraph 8.07; or (c) with respect to the election of the Non-Defaulting Party to purchase the Defaulting Party's Joint Venture IntOrest, receipt of the written notice of election to purchase pursuant to Paragraph 10.02(a). 16 9.02 Agreements with Transferees If, pursuant to the provisions of Article VIII, any Party transfers its Joint Venture Interest to any person or entity other than the other Party, no such transfer shall be made or shall be effective or entitle the transferee therein to any benefits or rights hereunder until such transferee agrees in writing to assume and be bound by all the obligations of the transferring Party under the terms of this Agreement. 9.03 Closing Adjustments Upon closing, any closing adjustments which are then usual and customary in the Province of Ontario shall be made between the purchasing Party and the selling Party as at the date of closing. The price to be paid shall also be adjusted as of the date of closing for Capital Contributions made by the selling Party, or distributions made to the selling Party, subsequent to the establishment of the purchase price. The Joint Venture Interest shall be transferred free and clear of any liens, encumbrances or any other interest of any third Party and any and all documents required to fully transfer such interest to the purchasing Party shall be delivered on closing. Any monetary default by the selling Party to the Joint Venture must be cured at closing out of the proceeds from such sale and any interest and principal owing on any outstanding Contribution Loans must similarly be paid in full at closing. 9.04 Restraining Order In the event that any Party shall at any time transfer or attempt to transfer the Party's Joint Venture Interest in violation of the provisions of this Agreement, then the other Party shall, in addition to all rights and remedies at law and in equity, be entitled to a decree or order restraining and enjoining such transfer and the offending Party shall not plead in defense thereto that there would be an adequate remedy at law; it being hereby expressly acknowledged and agreed that damages at law will be an inadequate remedy for a breach or threatened breach or violation of the provisions concerning transfer set forth in this Agreement. 9.05 Limitations of Transfer No Party shall transfer all or any part of the Party's Joint Venture Interest to any Party, whether or not such transfer would otherwise be permitted herein, if such transfer would result: (a) in the Joint Venture or any of its assets becoming subject to any restrictions or regulations or controls or approval process by reason of the nationality or residence of the transferee; (b) in any term of a mortgage, agreement or document entered into by the Joint Venture being breached or accelerated; or (c) in increased income taxes being payable by the other Party. 17 ARTICLE X DEFAULT AND DISSOLUTION 10.01 Events of Default The occurrence of any of the following events shall constitute an Event of Default on the part of the Party with respect to whom such event occurs if within seven (7) days following notice of such default from the other Party the Defaulting Party fails to commence reasonable efforts to cure such default and thereafter fails within a reasonable time to pursue to completion with diligence and continuity the curing of such default, or, if the default is due solely to the non-payment of monies, fails to pay such monies; provided, however, that the occurrence of any of the events described in Paragraphs 10.01(a) and 10.01(c) to 10.01(j) below shall constitute an Event of Default immediately upon such occurrence without any requirement of notice or passage of time except as specifically set forth in any such Paragraph: (a) violation by a Party of any of the restrictions set forth in Article.VlIl of this Agreement with respect to the right of a Party to transfer or otherwise deal with the Party's Joint Venture Interest; (b) the failure of a Party's transferee to assume in writing and agree to be bound by all of the transferring Party's obligations, as provided in Paragraph 9.02; (c) institution by a Party of proceedings of any nature under any laws, whether now existing or subsequently enacted or amended, for the relief of debtors wherein such Party is seeking relief as a debtor; (d) a general assignment by a Party for the benefit of creditors; (e) the institution by a Party of an action or other proceeding under any section of the Bankruptcy and Insolvency Act of Canada, as amended or replaced; (f) the institution against a Party of any action or other proceeding under the Bankruptcy and Insolvency Act of Canada, as amended or replaced, which proceeding is not dismissed, stayed or discharged within a period of sixty (60) days after the filing thereof, or if stayed, such stay is thereafter lifted without a contemporaneous discharge or dismissal of such proceedings; (g) a proposed plan of arrangement or other action by a Party's creditors taken as a result of a general meeting of the creditors of such Party; (h) the appointment of a receiver to take possession of the assets of a Party, which receivership remains undischarged for a period of thirty (30) days from the date of its imposition; (i) admission by a Party in writing of its inability to pay it debts as they mature; (j) attachment, execution or other judicial seizure of all or any substantial part of a Party's assets or of a Party's Percentage Interest in the Joint Venture, or any part thereof, such attachment, execution or seizure remaining undismissed or undischarged for a period of fifteen (15) days after the levy thereof; 18 (k) default in performance of or failure to comply with any other agreement, obligation or undertaking of a Party herein contained; and (I) any other matter specifically deemed an Event of Default hereunder. 10.02 Election of Non-Defaulting Party Upon the occurrence of an Event of Default the Non-Defaulting Party may elect to purchase the Defaulting Party's Joint Venture Interest as provided in Paragraph 10.02(a), or may elect to dissolve and terminate the Joint Venture pursuant to Paragraph 10.02(d). (a) Purchase of Party's Interest Upon the occurrence of an Event of Default the Non-Defaulting Party shall have the right to acquire the Joint Venture Interest of the Defaulting Party at a price determined in accordance with the appraisal procedure set forth in Article XI, subject to adjustment as set forth in Paragraph 9.03. In furtherance of such right, the Non-Defaulting Party may notify the Defaulting Party at any time following an Event of Default of its election to institute the appraisal procedure set forth in Article Xl. Within thirty (30) days of receipt of notice of determination of the net fair market value of the Defaulting Party's Joint Venture Interest, the Non- Defaulting Party may notify the Defaulting Party of its election to purchase the Joint Venture Interest of the Defaulting Party. (b) Terms of Purchase The Non-Defaulting Party who elects to purchase the Joint Venture Interest of the Defaulting Party shall have the right to purchase such Party's interest by payment of twenty percent (20%) of the purchase price (as determined by the appraisal procedure pursuant to Article XI) of such Joint Venture Interest at closing, and the balance of the purchase price, without interest, in equal monthly instalments over a period of five (5) years, with the right of prepayment of any amount at any time and from time to time without premium or bonus or penalty. (c) Closing The closing of the purchase shall take place as provided in Article IX; provided that upon closing the Non-Defaulting Party may elect to offset against the purchase price the amount of any loss, damage or injury caused to it by the default of the Defaulting Party, which has been established by a final non-appealable judgment. (d) Election to Dissolve Upon the occurrence of an Event of Default the Non-Defaulting Party may elect to dissolve and terminate the Joint Venture upon seven (7) days written notice to the Defaulting Party. 19 t 0.03 Dissolution The Joint Venture shall be dissolved only in the event that: (a) an Event of Default has occurred as provided in Paragraph 10.01 and the non-defaulting Party elects to dissolve the Joint Venture as Provided in Paragraph 10.02 hereof; (b) the Parties mutually agree to terminate the Joint Venture; (c) the Parties cease to hold any interest (which term shall include, but not be limited to, a security interest) in the Project (d) either of the Parties elect to dissolve or terminate the Joint Venture pursuant to any provision of this Agreement permitting such election to be made; or (e) the Joint Venture by its own terms as set forth in this Agreement is terminated. 10.04 Procedure on Dissolution and Liquidation (a) Winding Up Upon dissolution of the Joint Venture, the Joint Venture shall immediately commence to wind-up its affairs and the Parties shall proceed with reasonable promptness to liquidate the business of the Joint Venture. (b) Management Rights During Winding Up During the period of the winding up of the affairs of the Joint Venture, the rights and obligations of the Parties set forth herein with respect to the management of the Joint Venture shall continue; provided that if the termination of the Joint Venture results from an Event of Default, the Defaulting Party shall have no further right to participate in the management or affairs of the Joint Venture, but shall nonetheless be bound by all decisions made by the Non-Defaulting Party that may arise out of the management by the Non-Defaulting Party of the Joint Venture so long as such Non-Defaulting Party acts in good faith. (c) Work in Progress If the Joint Venture is dissolved for any reason while there is work in progress in the development or construction or ongoing operation and maintenance of the Project, winding up of the affairs and termination of the business of the Joint Venture may include completion of the work in progress, as the Non-Defaulting Party may determine to be necessary to bring the Project to a state of completion convenient to permit a sale or sales of the Joint Venture's interest in the Project. 20 (d) Allocation of Profits and Losses (i) Profits and losses of the Joint Venture following the date of dissolution shall be determined in accordance with the provisions of this Agreement and shall be credited or charged to the capital accounts of each Party in the same manner as profits and losses of the Joint Venture would have been credited or charged if there were no termination, dissolution and liquidation. (ii) For tax purposes, any taxable gain or any loss upon the sale, transfer, or other disposition of Joint Venture assets following the date of dissolution shall be allocated to the Parties in accordance with the allocation of profits and losses set forth in Subparagraph 10.04(d)(i). (e) Distribution in Liquidation If a Party shall have a negative balance in the Party's Capital Account, such Party shall immediately, and prior to any distnbutions made pursuant to this Paragraph 10.04(e), pay to the Joint Venture in cash an amount equal to the negative balance in said Parry's Capital Account. The assets of the Joint Venture shall be applied or distributed in liquidation in the following order of priority: (i) in payment of debts and obligations of the Joint Venture owed to third Parties, which shall include any Party as the holder of any secured loan; (ii) in payment of debts and obligations of the Joint Venture to any Party; (iii) to the Parties in payment of any positive balance remaining in the Capital Accounts. (f) Non-Cash Assets Every reasonable effort shall be made to dispose of the assets of the Joint Venture in order that the distribution may be made to the Parties in cash. If at the time of the termination of the Joint Venture, the Joint Venture owns any assets in the form of work in progress, notes, deed of trust or other non-cash assets, such assets, if any, may be distributed in kind to the Parties, in lieu of cash, proportionately to their right to receive the assets of the Joint Venture on an equitable basis reflecting the net fair market value of the assets so distributed, which net fair market value shall be determined by appraisal in accordance with Article Xl. 21 (g) Disposition of Documents and Records All documents and records of the Joint Venture including, without limitation, all financial records, vouchers, cancelled cheques and bank statements, shall be delivered to one of the Parties as agreed, assuming the Parties are in existence, upon termination of the Joint Venture. Unless otherwise approved by both of the Parties, such documents and records shall be retained for a period of not less than ten (10) years in a location not more than twenty (20) miles from the head office of the Joint Venture at the date of its termination, and such documents and records shall be made available during normal business hours to the Parties for inspection and copying at the cost and expense of the Party making such copies. ARTICLE X( APPRAISAL 11.01 Appraisal Procedure Where any matter is to be determined under this Agreement by appraisal, either Party may by written notice to the other appoint an appraiser. The other Party may by written notice given to the first Party within ten (10) days following appointment of the first appraiser appoint a second appraiser. If no second appraiser is appointed with the ten (10) day period, the first appraiser shall be the sole appraiser. Within five (5) days following appointment of the second appraiser the first appraiser and second appraiser shall by written notice to the Parties appoint a third appraiser, failing which either Party may on not less than five (5) days' written notice to the other Party apply to a judge of the Ontario Court (General Division) for appointment of a third appraiser. 11.02 Appraiser Each appraiser shall be a disinterested person of recognized competence who is a member in good standing of the Appraisal Institute of Canada and has been a member for a period of not less than five (5) years. Each appraiser shall proceed with the appraiser's appraisal independently of the other appraisers. 11.03 Access to Records Each appraiser shall have access to all books of account, records, vouchers, cheques, papers and documents of each of the Parties which may relate to the Property and the Joint Venture. Each Party shall co-operate with each appraiser for the purpose and provide to all appraisers all information and documents requested by any one of them. In the determination of an appraisal, each appraiser shall have regard to all relevant considerations including historic and potential performance and shall make all proper and necessary allowances for contingent or other liabilities, but shall make no allowance for goodwill. Each appraiser shall have the right to retain the experts the appraiser deems necessary to assist in the appraisal. Where the subject of any appraisal is the value of 22 a Party's interest in the Property, each appraiser shall first determine the fair market value of the whole Property. 11.04 New Appraiser In case of failure, refusal or inability of any appraiser to act, a new appraiser shall be appointed in the same manner as provided for the appointment of the appraiser so failing, refusing or unable to act. Within forty-five (45) days after the appointment of the third appraiser, each appraiser shall give written notice to the Parties, signed by the appraiser, of the amount of the fair market value of the Property. Any appraisal, the amount of which differs by more than five percent (5%) from the amount of that appraisal which is neither the highest nor lowest in amount, shall be disregarded and the average of the amounts of the remaining appraisals, or the amount of the remaining appraisal, if two of the appraisals are to be disregarded, shall be deemed the appraised value. The fair market value of the Party's Joint Venture Interest shall be equal to the fair market value of the Joint Venture as determined, multiplied by the proportion that the Party's Percentage Interest is of the entire Joint Venture. 11.05 Conclusion The fair market value determined in the foregoing manner shall be conclusive on the Parties and judgment in that regard may be entered in any court having jurisdiction. The costs and expenses of the appraisals, including the fees of the appraiser or appraisers, shall be borne by the Party in respect of whom an event of bankruptcy or of default has occurred. ARTICLE XII FRUSTRATION OF PURPOSES 12.01 Frustration In the event that the Joint Venture is prevented, after all reasonable efforts, from carrying out the purposes of the Joint Venture, the Parties shall attempt to restructure the Joint Venture, redefine the purposes of the Joint Venture and/or agree to the dissolution of the Joint Venture; and either the acquisition of one Party's Joint Venture Interest by the other, or the sale of the Property on joint account, each of which decisions shall be attempted to be arrived at in accordance with the original principles of the Joint Venture enunciated in Article III above. 12.02 Participation Both Parties agree to participate in the decision-making process provided for by this Agreement and to participate diligently and in good faith in the Joint Venture in accordance with the principles enunciated in Article III above. A failure to participate in the decision-making process or to attempt diligently and in good faith to further the purposes of the Joint Venture in accordance with the said principles, shall be an Event of Default under this Agreement. 23 ARTICLE XIII MEDIATION 13.01 Mediation In the event that a dispute arises between the Parties, or if the Parties should be unable to arrive at an agreement on any matter requiring decision, and if such dispute cannot be resolved, or such a decision made, the Parties agree to attempt to resolve the dispute or to make the decision in accordance with the following procedures: (a) The Parties agree that in the event that any dispute, disagreement on interpretation of this Agreement, or any matter on which agreement cannot be reached, arises, that the Parties will attempt in good faith to negotiate a resolution of such matter; (b) If the Parties are unable to resolve such matter, then the Parties agree to jointly appoint a mutually acceptable mediator within twenty (20) days. If they are unable to agree upon a mediator they will seek assistance from• the Arbitration and Mediation Institute of Ontario; (c) The Parties agree to participate in at least four (4) hours of mediation (unless the mediation is terminated earlier by the mediator) during which time the mediator will attempt to facilitate a resolution of the dispute which is acceptable to both Parties. The mediator will not have the power to render a decision nor to force an agreement on the Parties but the Parties shall make all reasonable efforts to resolve their dispute, or to make the required decision, by amicable negotiations and hereby agree to provide, without prejudice, frank, candid and timely disclosure of all relevant facts, information and documents to facilitate these negotiations. ARTICLE XIV ARBITRATION 14.01 Requirement of Arbitration In the event the Parties are not able to reach a resolution of a matter in dispute, or make a required decision, during mediation, nor within ten (10) days following the termination of mediation, then the matters remaining in dispute shall be finally settled by arbitration in accordance with the provisions of the Arbitrations Act of Ontario, as amended or replaced. 14.02 Arbitration Tribunal The arbitration tribunal shall consist of one (1) arbitrator appointed by mutual agreement of the Parties or, if they are unable to agree within thirty (30) days, then either Party may apply to a judge of the Ontario Court (General Division) to appoint an arbitrator. The arbitrator shall be qualified by training as an arbitrator and shall have some knowledge or experience pertaining to the matters to be decided. The rules of evidence will not apply during the arbitration but the arbitrator may in the arbitrator's discretion give less weight 24 to evidence which would not otherwise be admissible. The arbitrators award is not subject to appeal. The arbitrator may deal with the question of costs of the arbitration and all related matters. ARTICLE XV GENERAL PROVISIONS 15.01 Insurance The Parties agree to attempt to obtain and maintain one policy of insurance to provide liability coverage for the Parties, and if the Parties are unable to do so, each Party shall maintain a policy of insurance for liability coverage in an amount of not less than $2,000,000.00 per occurrence. The Parties further agree that the cost of any claims advanced against one or more of the Parties in any way relating to the Joint Venture and/or the Project and/or the Property shall be allocated to the Parties in accordance with the Percentage Interest of each Party. 15.02 Re-routing In the event that any of the Parties wishes to relocate that portion of the utility corridor and/or bicycle path and/or cross-country ski trail and/or recreation trail and/or related uses located within the Municipality of such Party, the Parties agree that such re-routing shall be permitted on such terms and conditions as determined by the Board and that such re- routing shall be completed at the sole cost of the Party requesting such re-routing. 15.03 Motorized Vehicles The Parties agree that at no time shall any motorized vehicles of any description be permitted on the Property, except with the authorization of the Board. 15.04 Notices Any demand, notice or other communication to be given in connection with this Agreement (hereinafter referred to as a "Notice") shall be given in writing and shall be given by personal delivery, by registered mail or by electronic means of communication addressed to the recipient as follows: To The Corporation of the Village of 21 Pitt Street Port Burwell Port Burwell, Ontario NOJ 1T0 Fax No: (519) 874-4948 Attention: Administrator/Clerk-Treasurer 25 To The Corporation of the Town of 200 Broadway Tillsonburg: 2nd Floor, Suite 204 Tillsonburg, Ontario N4G 5A7 Fax No: (519) 842-9431 Attention: Administrator-Clerk or to such other address, individual or electronic communication number as may be designated by notice given by either Party to the other. Any Notice given by personal delivery shall be conclusively deemed to have been given on the day of actual delivery thereof and, if given by registered mail, on the fourth (4th) business day following the deposit thereof in the mail and, if given by electronic communication, on the day of transmittal thereof if transmitted prior to 4:30 p.m. on such day and otherwise on the day next following the date of transmission, provided that if such day falls on a weekend or .statutory holiday, then the Notice shall be deemed to have been given and received on the business day next following such day. If the Party giving any Notice knows or ought reasonably to know of any difficulties with the postal system which might affect the delivery of mail, any such Notice shall not be mailed but shall be given by personal delivery or by electronic communication. 15.05 Amendments and Waiver No modification of or amendment to this Agreement shall be valid or binding unless sat forth in writing and duly executed by both of the Parties hereto and no waiver of any breach of any term or provision of this Agreement shall be effective or binding unless made in writing and signed by the Party purporting to give the same and, unless otherwise provided, shall be limited to the specific breach waived. 15.06 Planning Act Any provisions of this Agreement requiring compliance with the Planning Act of Ontario are subject to the condition that such provisions shall be effective to create an interest on land only if a consent under the Planning Act, if required, is obtained by and at the expense of the Party obtaining an interest in land. 15.07 Further Assurances Each Party hereto agrees to do all acts and things and to make, execute and deliver such written instruments, as shall from time to time be reasonably required to carry out the terms and provisions of this Agreement. 15.08 Burden and Benefit This Agreement shall enure to the benefit of and be binding upon the permitted successors and assigns of the Parties hereto. 26 15.09 Time of Essence Time shall be of the essence of this Agreement and of every part thereof. 15.10 Execution in Counterparts This Agreement may be executed in one or more counterparts, each of which when so executed shall be deemed to be an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF the Parties have executed this Agreement. ) THE CORPORATION OF THE VILLAGE OF PORT BURWELL Per: ) Tom Nesbitt, Reeve Per David R. Free,Administrator/Clerk-Treasurer THE CORPORATION OF THE TOWN OF TILLSONBURG Per. Cam McKnight, Mayor ) Per. ) David Morris, Administrator-Clerk SCHEDULE "A" 1.) A. Part of Lots 19 and 20, Concession North Gore, Township of Bayham, County of Elgin, designated as Parts 1, 2, 3, 4 and 5 on Plan 11 R-6476, subject to an Easement over, along and upon that part of Lot 20, Concession North Gore as set out in Instrument 28525 designated as Part 4 on Plan 11R-6476. B. Part of Lot 17, South of Third Street, Part of Lot 15, North of Second Street, Part of Lot 15 and all of Lot 16, South of Second Street, Part of Lot 13 and all of Lot 14, North of First Street, all of Lot 14, South of First Street, all of Lots 14 and 15, North of Talbot Road, Part of First and Second Streets, Registered Plan 205 (Village of Straffordville), Part of Lots 126, 127 and 128, Concession North of Talbot Road, Township of Bayham, County of Elgin, designated as Part 1 on Plan 11 R-6477. C. Part of Lots 6 and 7, Concession 3, North of Talbot Road. Geographic Township of Middleton, County of Norfolk, Municipality of the Township of Norfolk, Regional Municipality of Haldimand-Norfolk, being all of the lands previously described in registered Instruments numbered 84766 and 86456 (secondly). D. Part of Lots 1, 2, 3, 4 and 5, Concession 3, North of Talbot Road, Geographic Township of Middleton, County of Norfolk, Municipality of the Township of Norfolk, Regional Municipality of Haldimand-Norfolk, being all of the lands previously described in registered Instruments numbered 84754, 84763, 84757, 84763, 84755, 84758, 84764, 84759 and 86457. E. Part of Lots 23, 24, 25 and 26, Concession 9, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11777, 11759, 11931, 11770, 11776, 11722 and 11887. F. Part of Unnumbered Canadian Pacific Railway Block, Registered Plan 258, Part of Lots 20, 21, 22 and 23, Concession 8, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11767, 11773, 11766, 12187, 11764 and 11777. G. Part of Lots 125 and 126, Concession South of Talbot Road, Part of Lot 17, Concession South Gore, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11895, 11843 and 11763. H. Part of Lots 17 and 18, Concession 5, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11889, (Bayham), 11783 (Bayham), 11883 (Bayham), 11892 (Bayham) and 11888 (Bayham). 1. Part of Lots 17 and 18, Concession 4, Township of Bayham, County of Elgin, being all of the lands previously descnbed in registered Instruments numbered 11893 (Bayham), 11901 (Bayham), 11784 (Bayham) and 12402 (Bayham). - 2 - J. Part of Block I, Registered Plan 54, Part of Lot 17, Concession 3, Part of the Road Allowance between Concession 2 and 3 (Closed), Part of Lot 17, Concession 2. Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 1822 (Vienna), 1447 (Vienna), 11886 (Bayham) and 13113 (Bayham). K. Part of Lot 16, Concession 2, Township of Bayham, County of Elgin, being all of the lands described in registered Instruments numbered 1445 (Vienna), 1821 (Vienna) and 1822 (Vienna). L Part of Blocks E, G and K, Registered Plan No. 54, Part of Lots 13, 14 and 15, Concession 2, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11884 (Bayham), 11899 (Bayham), 14457 (Bayham), 1446 (Vienna), 1459 (Vienna), 1771 (Vienna) and 2173 (Vienna). M. • Part of Lot 13, Concession 1, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11896 (Bayham) and 14622 (Bayham). N. Part of Lot 18, Concession 3, Township of Bayham, County of Elgin, designated as Part 1 on Plan 11 R-6479. O. Part of Lot 17, Concession 4, Township of Bayham, County of Elgin, designated as Part 1 on Plan 11R-6478. Being all of the lands described in Transfer/Deed registered February 6, 1997, in the Registry Office for the Registry Division of Elgin (No. 11) as Instrument No. 375323 and registered February 6, 1997, in the Registry Office for the Registry Division of Norfolk (No. 37) as Instrument No. 522431. 2.) Easement and Right-of-Way over. Firstly: Part of Lot 11, Concession 1, Geographic Township of Bayham, Part of Unnumbered Lots west of Lots 16 and 17, West of Robinson Street, Lots 24 and 25, West of Robinson Street, Part of Lots 18 to 23, inclusive, West of Robinson Street, Part of Lots 18, 19 and 20, West of Lots West of Robinson Street, Part of Lots 21 to 25, inclusive, East of Howard Street, Part of Waterloo Street (Closed), Part of Wellington Street (Closed), Part of Pitt Street (Closed), Registered Plan 12, in the Village of Port Burwell, County of Elgin designated as Parts 1 and 2 on Plan 11 R-6474. Subject to a right-of-way over, along and upon that part of Waterloo Street (Closed), Registered Plan 12, and Part of Lot 11, Concession 1, Geographic Township of Bayham, now in the Village of Port Burwell, as set out in Instrument No. 100784 and designated as Part 2 on Plan 11R-6474. c Secondly; Lots 21, 22, 23, 24 and 25, Part of Lot 6, Part of Lots 8 to 20, inclusive, Part fPWater Street (Closed), Registered Plan 98, Part of Otter Street Township losf Bayham, Municipality of Part of Lots 11 and 12, Concession 1, Geographic the Village of Port Burwell, Part of Lots 12d 2 don P,an sConcession 1, Township of Bayham, County of Elgin designated as Parts 1 an PrOvmCO of Transfer/Deed of Land SeaDees•3n Ontario Form 1—Land Registration Reform Act A V (1) Registry ❑X Land Titles ❑ (2) Page I of 9 pages (3) Property Block Property identifier(s) Additional Sce ❑Schedule (4) Consideration TWO Z 00/100 Dollars $2 .00 0 w (5) Description This is a: Property Property u, 9 n Division Consolidation u Firstly: Part of Lot 11, Concession 1, LL Geographic Township of Bayham, Part of o Unnumbered Lots west of Lots 16 and 17, West rr O New Property Identifiers of Robinson Street, Lots 24 and 25, West of u. Additional: Robinson Street, Part of Lots 18 to 23, scnedute ❑ inclusive, West of Robinson Street, Part of Lots 18, 19 and 20, West of Lots West of Executions Robinson Street, Part of Lots 21 to 25, Additional: Continued on Schedule "A" attached See ❑Schedule (6) This (a)Redescription (b)Schedule for: (7) Interest/Estate Transferred Document New Easement Additional t3ex91Dp1e Easement and Right-of Contains Plan Sketch ❑ Other ® / Description Parties Way (8) Transferor(s)The transferor hereby transfers the land to the transferee}(rjdk`$tf}{jj[SXMKK tribtlet04§{ciattiMIXtj j)j�§(j')dlj(}(riQ (a{XX .......... Date of Signature Name(s) Signature(s) v M o .THE CORPORATION OF THE VILLAGE Per: 1997 OF PORT BURWELL Tom Nesbitt, Reeve Per: 1997 David R. Free,. Administrator/ Clerk-Treasurer We have authority to bind the Corporation ` M 8peuee(s)of Transferors)I hereby consent to this transaction Date of Signature ` Nantas) Signature(s) v M D (10) Transferor(s)Address 21 Pitt Street, P.O. Box 10, Port Burwell, Ontario, NOJ 1TO for Service (11) Transferee(s) Date of Birth `l V M 0 THE CORPORATION OF THE VILLAGE OF PORT BURWELL THE CORPORATION OF THE TOWN OF TILLSONBURG_ as_Tenants _in Common, each as to a 50. percent interest (12) Wansferee(s)Address 21 Pitt Street, P.O. Box 10, Port Burwell, Ontario, NOJ 1TO for Service 200 Broadway, 2nd Floor, Suite 204, Tillsonburg, ON. N4G 5A7 (13) Transferors) The transferor verifies that to the best of the transferor's knowledge and belief,this transfer does not contravene section 50 of the Planning Act. Date of Signature Date of Signature Y M D v M D Signature Signature Solicitor for Transferor(s) I have explained the effect of section 50 of the Planning Act to the transferor and I have made inquiries of the transferor to < d oetermine that this transfer does not contravene that section and based on the information supplied by the transferor,to the best of my knowledge and belief,this transfer does not contravene that section-I am an Ontario solicitor in good standing. Date of Signature E Name and y M D o Address of Solicitor Signature a (14) Solicitor for Transferees)I have investigated the title to this land and to abutting land where relevant and I am satisfied that the title records m reveal no contravention as set out in subclause 50(22)(c)(ii)of the Planning Act and that to the best of my knowledge and belief this transfer rn q idoes not contravene section 50 of the Planning Act.I act independently of the solicitor for the transferor(s)and I am an Ontario solicitor in good lit standing. A it 7~E rnn—-- Name and =ot Address of Date of Signature <v Solicitor y M D rn Signature (15) Assessment Roll Number CV. Mur. Map Sub. Par. II Fees and Tits of Property multiple Z O Registration Fee (16) Municipal Address of Property (17) Document Prepared by: w not assigned Scott,Krantz-Sippel& Brander cn Land Transfer Tax Law Firm w 254 Pall Mall Street,Suite 101 LI London,Ontario 0 N6A 5P6 cc —' ,^ File 1606/JKS h° Total • Province Schedule u o1 $ Form 5-Land Registration Reform Act Page 2 1 (Additional Property Identifier(*)and/or Other Information SCHEDULE "A" TO TRANSFER DEED OF LAND Firstly: (Continued) inclusive, East of Howard Street, Part of Waterloo Street (Closed) , Part of Wellington Street (Closed) , Part of Pitt Street (Closed) , Registered Plan 12, in the Village of Port Burwell, County of Elgin designated as Parts 1 and 2 on Plan 11R-6474 Subject to a right-of-way over, along and upon that part of Waterloo Street (Closed) , Registered Plan 12, and Part of Lot 11, Concession 1, Geographic Township of Bayham, now in the Village of Port Burwell, as set out in Instrument No. 100784 and designated as Part 2 on Plan 11R-6474 . Secondly; Lots 21, 22, 23, 24 and 25, Part of Lot 6, Part of Lots 8 to 20, inclusive, Part of Water Street (Closed) , Registered Plan 98, Part of Otter Street (Closed) , Registered Plan 12, Part of Lots 11 and 12, Concession 1, Geographic Township of Bayham, Municipality of the Village of Port Burwell, Part of Lots 12 and 13, Concession 1, Township of Bayham, County of Elgin designated as Parts 1 and 2 on Plan 11R-6475. Appurtenant to and for the benefit of the following lands of the Transferee: 1. ) A. Part of Lots 19 and 20, Concession North Gore, Township of Bayham, County of Elgin, designated as Parts 1, 2, 3, 4 and 5 on Plan 11R-6476, subject to an Easement over, along and upon that part of Lot 20, Concession North Gore as set out in Instrument 28525 designated as Part 4 on Plan 11R-6476 . B. Part of Lot 17, South of Third Street, Part of Lot 15, North of Second Street, Part of Lot 15 and all of Lot 16, South of Second Street, Part of Lot 13 and all of Lot 14, North of First Street, all of Lot 14, South of First Street, all of Lots 14 and 15, North of Talbot Road, Part of First and Second Streets, Registered Plan 205 (Village of Straffordville) , Part of Lots 126, 127 and 128, Concession North of Talbot Road, Township of Bayham, County of Elgin, designated as Part 1 on Plan 11R-6477 . C. Part of Lots 6 and 7, Concession 3, North of Talbot Road, Geographic Township of Middleton, County of Norfolk, Municipality of the Township of Norfolk, Regional Municipality of Haldimand-Norfolk, being all of the lands previously described in registered Instruments numbered 84766 and 86456 (secondly) . D. Part of Lots 1, 2, 3, 4 and 5, Concession 3, North of Talbot Road, Geographic Township of Middleton, County of Norfolk, Municipality of the Township of Norfolk, Regional Municipality of Haldimand-Norfolk, being all of the lands previously described in registered Instruments numbered 84754, 84763, 84757, 84763, 84755, 84758, 84764, 84759 and 86457 . • E. Part of Lots 23, 24, 25 and 26, Concession 9, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11777, 11759, 11931, 11770, 11776, 11722 and 11887 . WWII �Z 00 tel CC O� MyMw ooroalar&Moore 3.11 r TORONTO•CANADA Lbarmrnr prrpnr!by Fart Kr.nr,Sggrl B Pr.n/,r lar firmLon!on On!arta SC500H 71/1992 Province Schedule SoltDace 31i S u3 __ Form Ontario Form 5-Land Registration Reform Act page 1 (Additional Property Identifier(a)and/or Other Information F. Part of Unnumbered Canadian Pacific Railway Block, Registered Plan 258, Part of Lots 20, 21, 22 and 23, Concession 8, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11767, 11773, 11766, 12187, 11764 and 11777 . G. Part of Lots 125 and 126, Concession South of Talbot Road, Part of Lot 17, Concession South Gore, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11895, 11843 and 11763 . H. Part of Lots 17 and 18, Concession 5, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11889 (Bayham) , 11783 (Bayham) , 11883 (Bayham) , 11892 (Bayham) and 11888 (Bayham) . I. Part of Lots 17 and 18, Concession 4, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11893 (Bayham) , 11901 (Bayham) , 11784 (Bayham) and 12402 (Bayham) . J. Part of Block I, Registered Plan 54, Part of Lot 17, Concession 3, Part of the Road Allowance between Concession 2 and 3 (Closed) , Part of Lot 17, Concession 2, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 1822 (Vienna) , 1447 (Vienna) , 11886 (Bayham) and 13113 (Bayham) . K. Part of Lot 16, Concession 2, Township of Bayham, County of Elgin, being all of the lands described in registered Instruments numbered 1445 (Vienna) , 1821 (Vienna) and 1822 (Vienna) . L. Part of Blocks E, G and K, Registered Plan No. 54, Part of Lots 13, 14 and 15, Concession 2, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11884 (Bayham) , 11899 (Bayham) , 14457 (Bayham) , 1446 (Vienna) , 1459 (Vienna) , 1771 (Vienna) and 2173 (Vienna) . M. Part of Lot 13, Concession 1, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11896 (Bayham) and 14622 (Bayham) . N. Part of Lot 18, Concession 3, Township of Bayham, County of Elgin, designated as Part 1 on Plan 11R-6479 . O. Part of Lot 17, Concession 4, Township of Bayham, County of Elgin, designated as Part 1 on Plan 11R-6478 . Being all of the lands described in Transfer/Deed registered February 6, 1997, in the Registry Office for the Registry Division of Elgin (No. 11) as Instrument No. 375323, and registered February 6, 1997, in the Registry Office for the Registry Division of Norfolk (No. 37) as Instrument No. 522431. • F/:,711r , U� u.Z IL O0 W oo 1 \toll scsoa+ 11/1992 a�Oa commence,$paDoca 311 r TORONTO•CANaDa LbcarneaT p,p,,r 6y Scott,Ktad+-rppel 9&ceder l.av firm,Loadoa.Oaiplo Province Schedule '•"' S au Ontario Form 5—Land Registration Reform Act Page 4 1 1 Additional Property Identifier(s)and/or Other Information 2. ) Any lands of The Corporation of the Village of Port Burwell wherever situate in the Village of Port Burwell, including: Part of Market Square, established by Plan 12, Village of Port 4� Burwell, County of Elgin, being Parts 5 and 6 on Plan 11R- 4‘ 2760. de 3. ) Any lands of The Corporation of the Town of Tillsonburg wherever situate in the Town of Tillsonburg, including: Lots 1192 to 1194, inclusive, Plan 500, Part of Lots 1188 and 1191, Flan 500, CY. te Town of Tillsonburg, County of Oxford, d' being Parts 1 and 3 on Plan 41R-2066 and Parts 5 and 6 on Plan 41R-2323 . >101 U?-, 6.o Z 0 R W On J \„ I t,,tm milieu.mpontbn SdEDaoaa 3.11 i mitoMro•CANADA LkamM prepped by Sox&KnottsSyprl 8 Brawler Le.firm,Lea4a.OrAta.v PrOvinOe Schedule �"`"c°'"' O nuForm 5—Land Registration Reform Act Page Additional S Property identifier(s)and/or Other Information SCHEDULE "B" TO TRANSFER/DEED OF LAND The Corporation of the Village of Port Burwell Transferor - and - The Corporation of the Village of Port Burwell and The Corporation of the Town of Tillsonburg Transferee Witnesseth that in consideration of the sum of Two Dollars ($2.00) , now paid by the Transferee to the Transferor, receipt whereof is hereby acknowledged, the Transferor grants to the Transferee, and the Transferee' s successors and assigns, the following easements and rights: (a) to enter on and construct, install, lay, repair, replace, reconstruct, inspect, alter, remove, use, operate, service and maintain sanitary and/or storm sewers, including all appurtenances thereto, upon, in, through, over, under, along and across the lands of the Transferor; (b) to enter on and construct, install, lay, repair, replace, reconstruct, inspect, alter, remove, use, operate, service and maintain lines of telephone, telegraph, telecommunications, and electric power and service wires, including all necessary poles, wires, service wires and cables, both buried and aerial, conduits, markers, fixtures, guys and anchors and equipment, and all appurtenances or accessories thereto, upon, in, through, over, under, along and across the lands of the Transferor, together with the right to attach other wires, cables and accessories and to authorize the attachment of wires, cables and accessories or the laying, repairing or renewing of underground cables, transformer vaults, service pedestals and other fixtures or equipment by any other company or commission for the purpose only of supplying a public utility service to the lands of the Transferee; (c) to enter on and construct, install, lay, repair, replace, reconstruct, inspect, alter, remove, use, operate, service and maintain upon, in, through, over, under, along and across the lands of the Transferor a pipeline (s) for the distribution and transmission of gas, including therewith all such pipes, conduits, chambers, plant, machinery, installations, materials, devices, fittings, works, equipment, appurtenances, attachments, apparatus and appliances which the Transferee may deem necessary or convenient thereto, together with the right to attach, lay, repair or renew any pipeline (s) and pipes, conduits, chambers, plant, machinery, installations, materials, devices, fittings, works, equipment, appurtenances, attachments, apparatus and appliances of any other company or commission for the purpose only of supplying gas to the lands of the Transferee; (d) to enter on and construct, install, lay, repair, replace, reconstruct, inspect, alter, remove, use, operate, service and maintain a water line(s) for the distribution and transmission of water, including therewith all such pipes, conduits, chambers, plant, machinery, installations, materials, devices, fittings, works, equipment, appurtenances, attachments, apparatus and appliances which the Transferee may deem necessary or convenient thereto, upon, in, through, over, under, along and across the land of the Transferor; LL z cco oll))_ / sty4us oorportllon SohOocs•311 r lnnnr,ro•CANADA p«Ym.( rr,rr.roi lty Scott,Ki r(p Brh/71/ . clppander 1.A., an ,1. dnn,Ustarm SC500( n 1992 Province SoftDocs•3It Schedule7114 of Ontario Form 5—land Registration Reform Act Page 6 Additional Property Identifier(s)and/or Other Information (e) to enter on and construct, install, lay, repair, replace, reconstruct, inspect, alter, remove, use, operate, service and maintain improvements on the lands of the Transferor in connection with the use of the lands of the Transferor as a bicycle path and/or a cross country ski trail and/or a recreational trail and/or related uses; (f) a right-of-way for persons and vehicles over the lands of the Transferor for all purposes in connection with the exercise of the easements described in paragraphs (a) , (b) , (c) , (d) and (e) above; of-4-f (g) a right-of-way for persons and legally al'thorized vehicles over the lands of the Transferor for all purposes in connection with the use of the lands of the Transferor as a bicycle path and/or a cross country ski trail and/or a recreational trail and/or related uses; (h) for the servants, agents, contractors and workmen of the Transferee to enter upon all of the lands of the Transferor with machinery, material, vehicles, supplies and equipment necessary for the use of the easements and rights-of-way granted herein. It shall be lawful for the Transferee and the Transferee' s successors and assigns to exercise and enjoy the rights, liberties and privileges hereby granted without being liable for any interference, loss of use or loss of profit which shall or may be thereby caused to the said lands or to the owners and occupiers thereof from time to time and the Transferee shall have the right to cut down or remove any brush, trees, shrubs, fences, pavements, ramps, curbs and other objects as may be necessary or convenient in the exercise of the rights and privileges hereby granted and likewise to excavate and remove the soil and surfaces for the purposes aforesaid. The Transferee covenants with the Transferor that it will restore the said lands to a condition approximately the condition which existed immediately prior to each and every entry upon the said lands, excluding the replacement of brush, trees, shrubs, fences, pavements, ramps, curbs and other objects. The Transferor covenants that no buildings or other structures shall be erected on or over the lands described herein without the written consent of the Transferee. The Transferor further covenants that it has the right to convey the rights, liberties, privileges, easements and rights-of-way hereby granted and will execute such further assurances as may be requisite to give full effect to this Indenture. LLZ tcr eno w a1�a�I co pondion SddDocai 3 11 if)fl!)NIO•CIO. Document Prepare •y. atl, ra.ue.Tyre ' an ea Ar Ir .47 on,( Iarta SC500N 11,1992 Schedule So/Mace of Ontario Form 5—Land Registration Reform Act Page 7 (Additional Property Identifler(s)and/or Other Information It is hereby agreed that the covenants and agreements on the part of the Transferor and the Transferee shall run with their respective lands and shall enure to the benefit of and be binding upon their respective successors and assigns. IN WITNESS WHEREOF The Corporation of the Village of Port Burwell, as Transferor, and The Corporation of the Village of Port Burwell and The Corporation of the Town of Tillsonburg, as Transferee, have executed this Agreement. Transferor: The Corporation of the Village of Port Burwell Per: Tom Nesbitt, Reeve Per: David R. Free Administrator/Clerk-Treasurer We have authority to bind the Corporation Transferee: The Corporation of the Village of Port Burwell Per: Tom Nesbitt, Reeve Per: David R. Free Administrator/Clerk-Treasurer We have authority to bind the Corporation The Corporation of the Town of Tillsonburg Per: Cam McKnight, Mayor Per: David Morris, Administrator-Clerk We have authority to bind the Corporation LLZ o0 Q v, yOp .ttyles us y$.w corporation SanOoc.•3 11 iunnuIn•(.nrm on Document prepared tly&,u k.antr c,Mw(w IT.•nd..I, F,,,London r rn rano .9G7 •' ' ii ,,.^erUrr.• ll, ^° Affidavit of Residence and of Value of the Consideration n(M111 t.• 17 Refer to all instruction on reverse side. 7 Form 1 -Land Transfer Tax Ad IN 111E MAI TER or THE CONVEYANCE OF (Meer(Wet descried/en wMnd) Lands w_i_t11ir�kite s Bux ieJ.l. County a__Elgln,_being_Part.s 1_and_2._ Elan_11E=6474. aid_Earta_i_and 2.,__PiLan_1.lR 6475 B y (print~we of an 6amr««a In►wary_THELSDRPQRATION OF THE VILIsAGE OF POET BUBWEI44 TO (gee Inahuenon t end pint neat of M bersrerees In awryhECORPORATI R._QE_'HE V I LLASL _QF PORT BU_R Eltlt— _an_cLTHE C9_RPQRATI_ON ORF THE TQiitL QF TILLSOI�IRG nth.' _D I, (tee Insuefon 7 and p, name(.)In NID avid_R. Free MAKE OATH AND SAY THAT: 1 I am (pleu a clear,mesa within the insure opposite the one of the following paragraph.that deer.rlber rhe carmen,or me deponent(s))• (wee In.rr ucnon 2) ❑ (a) A person In trust for whom the land conveyed In the above described conveyance Is being conveyed. ❑ (b) A trustee named In the above-described conveyance to whom the land Is being convoyed. ❑ (c) A transferee named In the above-described conveyance; ❑ (d) The authorized agent or solicitor acting In this transaction for(Insert name(.)of p,inclpel(a)) _ _s Q I�� r t( �' described� In paragraph(s) (a). (b). (c) above:(aftAm eW returnee*.Io.h ppIIeeble paagrph.) (e) Thked(lAp Rrplka{Tkr�lkRjtiJgWpt•KIVasUrer authorized to act for(Inter}names)of cerperellen(r)) The Coxpoxation l_ine_Vi11age of Port Bwrwe.11___ described In paragraph(s) (tit, (lit (c) above,(striae oaf references Is Inapplleable peaerphs) ❑ (I) A transferee described In paragraph( )(Insert only one of paragraph(a).(b).(e).beeo,air eppeeable)and am making this affidavit on my own behalf and on behalf of(Insert name of.pou.e)_ ____... ___.. _ _ who Is my spouse described in paragraph( )(Insert only ons of payreph(a).(6)ee(e)abate,es applicable) and as such,I have personal knowledge of the facts herein deposed to 2 (To be completed where the value of the consideration for the conveyance exceeds S400,000). I hove read arid considered the definition of"single family residence"set out In clause 1(1)(in)of the Act.The land conveyed in the above described conveyance ❑ contains e1 least one end not more than Iwo single faintly residences. Note:Clause 2(1)(d)Imposes an additional lax at the rate of one-halt of one per ❑ does not contain a single family residence cent upon the value of consideration In excess of S/00,000 where the conveyance ❑ contains more Irian Iwo single family residences.(aka In.truetlen contains at least one and not more than two single family residences. 3 I have read and considered the definitions of "nom resident corporation" and **non resident person" set out respectively In clauses I(r)(I) and (g) of the Act and each of the following persons to whom or In trust for whom the land Is being conveyed In the above described conveyance Is a "non resident corprnntlrnr' or a"nom resident person"as set out in the Acl. (us Instructions I end 6) 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid In cash (b)Mortgages (I)Assumed(.hew princlpel end Interest la be eredi.d agdnaf purxh...price) . (II)Given back to vendor S Nil (c)Properly transferred In exchange(dean bele.) S Nil All Blank. (d)Securilles transferred to the value of(dean below) S Nil Must B. (e)Liens,legacies,annuities and maintenance charges to which transfer Is subject S Nil Filled In. (I)Other valuable consideration subject to land Transfer tax(detd/below) S Nil Inert'NII' (g)VALUE OF LAND, BUILDING. FIXTURES AND GOODWILL SUBJECT TO Where LAND TRANSFER TAX (total of(a)to(I)) S _ 2.09 s 2_,00 Applle•ble (h)VALUE OF ALL CHAT TELS -Items of tangible personal property (neat Sin Tee I.payable on the value of d/chimera unless e.empf under N i 1 rho preel.lona of the'Retell Sete.Tu Acf",n_S.O. lobo,c.454.as amended) (I)Other consideration for Transaction not included In(g)or(h)above $ Nil (j)TOTAL CONSIDERATION $ 2._00 5 if consideration is nominal.describe relationship between transferor and transferee and slate purpose of conveyance.(see brstmeeen e)see item 7 6. N the consideration is nominal,Is the land subject to any encumbrance? None 7. Other remarks and explanations,11 necessary. To_prov1de TrsZn feree-w th_easene,nt d rig t-Of-Wim/._ Tktexe s��o�uone pa ssirig_sii _ec_t.y or indiiectly fr_oin_tiie Transferee tbt_lie_ Transferor. Sworn before me al the In the this day of 1S 1997 A Commissioner for Inking Affidavits.etc. •hn.h+,.(s) David R. Free Property Information Record c. / For Land Registry Mice Use Only A. Describe nature of instrument'_lxan L.ex.!Deed of Land _ Registration No. B. (I)Address of property being conveyed(II available) (II)Assessment Ron No.(1t evWable) C. Malting addresses)for future Notkes o1 Assessment under the Assessment Ad for property being conveyed fee.In.fruet/e.s) 21 Pitt S txe_e_L__P_,O. Box 10. Port R.gestraIlon Oke Land neglslr y Office No Burwell. Ontario. NOJ 1TO D. (I)Registration number for lest conveyance of property being conveyed(If available) 3753. 2 (11)Legal description of property conveyed: Same as in D.(I)above. Yea IXI No❑ Not known❑ E. Name(s)and address(es)of each transferee's sollcItor Scutt,Krantz_SipNel__& Brander, Law firm, 254_Pall_Mall Street,Suite O1,Lo))don,Ontario N6A 5P6 School Tax Support(Voluntary Election) See reverse for explanation (a) Are all Individual transferees Roman Catholic 7 Yes❑ No❑ (b) If Yes,do all Individual transferees wish to be Roman Catholic Separate School Supporters 7 Yes❑ No❑ (c) Do all Individual transferees have French Language Education Rlghls 7 Yes❑ No❑ (d) If Yes,do ail Individual transferees wish to support the French I anguage Srhnof Pallid(whore established)7 Yes❑ No❑ .,......_._,_._...,...,._r_...•_r....._...,..._w...m ti-...1...,-A,,.u..,c...,...n.war_e r.._ .. .. .. .. fly, • aylev,r,.••sratinrr.'•olrlbrr.•]It,1„I,,.rll,,.r err.,., Affidavit of Residence and of Value of the Consideratlol • Refer to all instructions on reverse side. Form 1 —Land Transfer Tax Ac • IN THE MATTER OF THE CONVEYANCE OF (Insert brief description of lend)Lands__1[,l,.t:� ,l, U... ( cage of Port _Burive�.Lssunty_sif Elgin b_e_ing_Eaxt,s 1 and_2_.__1?lan R-6_424,�ns�Par_ts_ 1 at,d. _2,_Fl_an__11R6 4 7 5 e Y (pant nonce.or.n h.nsforers In user) THE CQR.PQRATIQ,N OF T$E VIJaL GF_QF PDRT__RURWEJLj� --- To (se.Instruction I and pint nem..a w ewrater..s n Arty THE CORPORAT,Z,QN OF THE VILLAGE OF PORT BURWEJ,j,_ _ans�__THE CORPOBATLON OiF�'`T�HE TQ�1N_OF TILLSONBURG I. (see Instruction 2 and pane name(.)In AO)_aLd�xrJs -._ ._ MAKE OATH AND SAY THAT: 1. I am (plea•a clew meat within the square opposite that one of the following paragrapher that describes the ep.ehy of the depen.nrp))- (se.Instruction 2) ❑ (a) A person in trust for whom the land conveyed In the above described conveyance Is being conveyed: ❑ (b) A trustee named in the above described conveyance to whom lire land i being conveyed. ❑ (c) A transferee named In the above-described conveyance; ❑ (d) The authorized agent or solicitor acting In this transaction for(insert namw(s)or principaf(s)) ----- - --- _ _ __ _.described in paragraph(s) (a). (b(. (c) above;(shoe eat refer to tnppikable pw.grpn.) ® (e) Tb.0( 3(gL7Qg rgasurer authorized to act for(In..d name(.)er corporation(s))The Coxpaxat_i_on__ the_o_wn_o_f_ llsonbuxg____ _ .described In paragraph(s) (Jt. (N. (c) above:(.make eoe reference.re Inepplicabie paragraphs) O (I) A Iransleree described in paragraph( )(Muni only one of par.grph(a),(b)ea(c)ab...,es pplloable)and em making this affidavit on my own behalf end or behalf of(Insert name of spouse)___ ___ ._—who is my spouse described In paragraph( )(Insert only ona of paragraph(a),(h)or(c)above,es applicable) and as such.I have personal knowledge of the facts herein deposed to 2 (to be completed where the value of the consideration for the conveyance exceeds$400,000). 1 have read and considered the definition of "single family residence"set out in clause t(t)(ia)of the Act The lend conveyed in the above described conveyance ❑ contains al least one and not more than two single fondly residences. Note:Clause 2(1)(d)Imposes an additional tax at the rale of one-half of one per ❑ does not contain a single!amity residence cent upon the value o1 consideration In excess of 3400,000 where the conveyance ❑ contains more than two single family residences.(see Instruction 3) contains at least one and not more than Iwo single!amity residences. 3. I have read and considered the definitions of "nom resident corporation' and "non resident person" set out respectively in clauses t(t)(1) and (g)of the Acl and each of the following persons to whom or In trust for whom the land Is being conveyed in the above-described conveyance Is a"non resident corporation- or a"non-resident person'as set out In the Act. (ss.Instructions 4 and 5) None 4. THE TOTAL CONSIDERATION FON THIS TRANSACTION IS ALLOCATED AS FOLLOWS: t (a)Montes paid or to be paid In cash 5 yet 7Z,00 (b)Mortgages (I)Assumed(show principal and Interest to be credited lata .bureti1 burette**page) S 1J�— (Ii)Given back to vendor $ Nit 1L (c)Property transferred in exchange(derail below) S N NI Rlank. (d)Securilles'translerred to the value of(derail blew) $ Nil Must R• N (e)Liens.legacies.annuities and maintenance charges to which transfer is sub(ect S , Fined In. (I)Other valuable consideration sub)ect to land transfer lax(detail below) $ Nil Insert'NII" (g)VALUE OF LAND. BUILDING. FIXTURES AND GOODWILL SUBJECT IOWFen. LAND TRANSFER TAX (Total of(a)to(I)) S 2.00 S _2 00 (h)VALUE OF ALL CHAT TELS -Items of tangible personal property Applicable (Retail Sales Fu Is payable on the valve of all chattels unless esempl under S N l 1 the previsions of the'Retail Sales rex Act",R.S.O. teed,1.454,as amended) -- (1)Other consideration for transaction not included In(g)or(h)above $ Nil (l)TOTAL CONSIDERATION $!, 2.00 5. 11 consideration is nominal,describe relationship between transferor and transferee and stale purpose of conveyance.(a.Maryann q AE!e 1 tem 7 __ 6. It the consideration is nominal,is the land sub)ect to any encumbrance?.N Ile - 7. Other remarks and explanations,I1 necessary. To provide_Tr_anafer.ee_with_easement__and_right-of,�►ay. Th_ese_i_—nQ_m9nay passing ditectly or indirectly 1rom_th_e Transferee t o t_he_ TransfexQx. Sworn before me at the In the this day of 19 1997 A Commissioner for taking Aliidavlls,etc. David Mor r I?"'"7" Property Information Record For Land Registry Office Use Only A. Describe nature of Instrument: sf Tranext Deed of Land Registrellon No. B. (I)Address ol properly being conveyed pI avallabl.) (n)Assessment non No.(if available) C. Marling address(es)for future 7N�otkesof Assessment under the Assessment Act for properly being conveyed(a..Instruction 7) 20_0 Broadway-2nd Floor.—Sul te_20_4_, negIslrallon Dale Land Registry choice No Ui_llsonburg. Ontario, N4G 5A7 O (I)Registration number for last conveyance o1 property being conveyed(If no/hada)315. 22 (II)Legal description of property conveyed: Same as in O.(l)above. Yes® No 0 Not known 0 E. Name(s)and addrini(es)of each transferee's solkeor cuttLKrentz-Sippel&I33�nder,Law Firm,254 Pall Mall Street.Suite WJ, c radon,Qn aria NMA 5P6 School Tax Support(Voluntary Election) See reverse for explanation (a) Are all Individual transferees Roman Catholic 7 Yes❑ No❑ (b) If Yes,do all Individual transferees wish to be Roman Catholic Separate School Supporters 7 Yes❑ No O (c) Do all Individual transferees have French Language Education nights 7 Yes❑ No❑ (d) If Yes,do all Indlvldual transferees wish to support the French Language School Roard(where eslnhilshed)7 Yes❑ tic,fl .,erre.A.I.I..1...A r.rl in,.n...4 helnn n,.n.rnrr nA will 1,...eln..n.4 I,.II...r.....1.n...."_r . 1 n . . FAX viefeflie74#41eWay4W-1, P.O. Box 160, 9344 Plank Road Straffordville, ON NOJ 1Y0 Phone (519) 866-5521 Fax (519) 866-3884 Date August 20, 1999 No. of Pages including cover sheet: From: Maureen Beatty, Co-ordinator of Planning/Deputy Clerk To: Michael F. Peterson, Barrister & Solicitor Fax No: (519) 433-0170 Subject: Port Burwell Joint Venture Agreement -► As promised, attached is a copy of Port Burwell By-law 97-05 and attachments. LI Original Mailed LI URGENT LI Original Not Mailed The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO _ By-Law 97-06 C 0 0 AL/ 58 7 Being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to offer for sale surplus property. WHEREAS the Municipal Act, RSO, 1990 c. M45, s 315(3) provides that if a person entitled under subsection (2) to purchase the land does not exercise the right to purchase within such period as may be fixed by by-law, the municipality may sell the land that the person had the right to purchase to any other person at the price set under subsection (2) or at a greater price, and; WHEREAS the municipality has passed bylaw 96-41 Being a By-Law to Stop up and Close a Travelled Road, Part 6 of Reference Plan 11 R-6029 in the Vicinity of Chatham Street and Tennyson Street, and; WHEREAS adjacent land owners have formally expressed an interest in purchasing the land in accordance with bylaw 96-41, NOW THEREFORE the Council of the Corporation of the Village of Port Burwell hereby authorizes the Reeve and the Administrator/Clerk-Treasurer to execute the sale agreement with Mr. John Tipple and John Shelley in accordance bylaw 96-41 and Schedule "A" attached hereto. Read a first and second t' e this 25th day of March, 1997 AdmmisA/ rreal .r i / Pi A / . Air/ R;571‘ Read a third time and finally passed on this 25th day of March, 1997 Administra> - //a?. , ;'. /✓_/:.dp R, - The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 97-07 r o Dd. -7 -I , J Being a by-law to establish a Personnel Policy WHEREAS the Municipal Act, RSO, 1990 c. M45, s 102 as amended gives powers to every council to pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law, and; AND WHEREAS the Council of the Village of Port Burwell deems it necessary to establish a personnel policy. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell enacts as follows; That local and specific matters pertaining to personnel policies and procedures shall be governed by the policies as permitted in Schedule "A" of this by-law and shall be amended from time to time by Council resolution. THAT this by-law shall remain in effect from year to year unless repealed or otherwise amended by Council. THAT any by-law not consistent with the provisions of this by-law be and is hereby repealed. Read and seco d e 24t da of June, 1997. air ter- — — W Re e 4 Administrator/C --Treasurer Read a t . 1. final time ! is 8 da�.f July, 1997. q i pAr /1 a. 4140...11Wfil Reeve . Oo strator/Clerk-Treasurer Village of Port Burwell Personnel Policies Schedule "A" Bylaw 97-07 �� PORT 8 - . ri/ C *1./laill41 Wellar."..2° p°RTUS REFUG\UM Village of Port Burwell Personnel Policies Schedule "A" Bylaw 97-07 ��of POR r � t �F ftWr 414 ::!, ice% PORTUS REFUGIUM TABLE OF CONTENTS NO. POLICY TITLE S.0 INTRODUCTION 010 Title Page 020 Employee Welcome Message 030 Organization 040 Introductory Statement 050 Employee Acknowledgement Form S.1 EMPLOYMENT 101 Nature of Employment 102 Employee Relations 103 Equal Employment Opportunity 104 Hiring of Relatives 105 Employee Medical Examinations 106 Immigration Law Compliance 107 Conflicts of Interest 108 Outside Employment 109 Non-Disclosure 110 Disability Accommodation S.2 EMPLOYMENT STATUS & RECORDS 201 Employment Categories 202 Access to Personnel Files 203 Employment Reference Checks 204 Personnel Data Changes 205 Introductory Period 206 Employment Applications 207 Performance Evaluation S.3 EMPLOYEE BENEFIT PROGRAMS 301 Employee Benefits 302 Vacation Benefits 303 Holidays 304 Workers' Compensation Insurance 305 Time Off to Vote 306 Bereavement Leave 307 Jury Duty 308 Witness Duty • 309 Educational Assistance 310 Paid Time Off S.4 TIMEKEEPING & PAYROLL 401 Timekeeping 402 Payday 403 Employment Termination 404 Severance Pay 405 Pay Advances 406 Administrative Pay Corrections 407 Pay Deductions and Setoffs S.5 WORK CONDITIONS & HOURS 501 Safety 502 Work Schedules 503 Use of Phone & Mail Systems 504 Smoking 505 Rest and Meal Periods 506 Overtime 507 Use if Vehicles 508 Emergency Closings 509 Business Travel Expenses 510 Visitors in the Workplace 511 Computer and E-Mail Usage 512 Workplace Monitoring 513 Telecommuting S.6 LEAVES OF ABSENCE 601. Sick Leave 602 Medical Leave 603 Family Leave 604 Personal Leave 605 Educational Leave 606 Pregnancy Disability Leave S.7 EMPLOYEE CONDUCT & DISCIPLINARY ACTION 701 Employee Conduct & Work Rules 702 Drug &Alcohol Use 703 Sexual & Other Unlawful Harassment 704 Attendance & Punctuality 705 Personal Appearance 706 Return of Property 707 Resignation 708 Security Inspections • 3 709 Solicitation 710 Drug Testing 711 Progressive Discipline 712 Problem Resolution S.8 MISCELLANEOUS 801 Life Threatening Illnesses 802 Recycling 4 VILLAGE OF PORT BURWELL EMPLOYEE HANDBOOK ISSUE DATE: 01-02-96 • 5 a Welcome new employee! On behalf of the municipality, we welcome you to the Village of Port Burwell and wish you every success here. We believe that each employee contributes directly to the Municipality's growth and success, and we hope you will take pride in being a member of our team. This handbook was developed to describe some of the expectations of our employees and to outline the policies, programs, and benefits available to eligible employees. Employees should familiarize themselves with the contents of the employee handbook as soon as possible, for it will answer many questions about employment with the Municipality. We hope.that your experience here will be challenging, enjoyable, and rewarding. Again, welcome! Sincerely, Tom Nesbitt David R. Free Reeve Administrator/Clerk-Treasurer Village of Port Burwell Schedule "A" Bylaw 97-07 30 ORGANIZATION The Municipality of the Village of Port Burwell is located along the north shore line of Lake Erie and has several facilities natural and man made built in harmony with the environment. The Municipality of the Village of Port Burwell provides services to the public as permitted under the Municipal Act and sanctioned by Council. The Village of Port Burwell was incorporated as a municipality in 1949 after being a Police Village within the Township of Bayham for over 30 years. The corporation has essentially a Chief Administrative Officer (CAO) System of government and details of the organizational structure are provided in the organization chart. As a small municipality there is no Personnel Department; therefore, it is the CAO who is responsible for the human resources issues within the municipality under the provisions of both federal and provincial legislation including the policies and procedures adopted by bylaw. Our mandate is to foster an organization which will provide cost effective and efficient services to the ratepayers of the community under the policies and procedures as established by Council. Employees are to be conscious of customer service and their responsibilities to both their employer and to the various forms of legislation. Council and Management will provide opportunities for continuing staff development and education while requiring them to be participative, productive and proactive. Village of Port Burwell Schedule "A" Bylaw 97-06 40 INTRODUCTORY STATEMENT This handbook is designed to acquaint you with the Municipality and provide you with information about working conditions, employee benefits, and some of the policies affecting your employment. You should read, understand, and comply with all provisions of the handbook. It describes many of your responsibilities as an employee and outlines the programs developed by the Municipality to benefit employees. One of our objectives is to provide a work environment that is conducive to both personal and professional growth. No employee handbook can anticipate every circumstance or question about policy. As the Municipality continues to grow, the need may arise and the Municipality reserves the right to revise, supplement, or rescind any policies or portion of the handbook from time to time as it deems appropriate, in its sole and absolute discretion. Employees will be notified of changes to the handbook is they occur. The only exception to any changes is our employment-at-will policy permitting you or the Municipality to end our relationship for any reason at any time commensurate with the provisions of the Employment Standards Act. • Personnel Policy 1 Village of Port Burwell Schedule "A" Bylaw 97-06 50 EMPLOYEE ACKNOWLEDGEMENT FORM The employee handbook describes important information about the Municipality, and I understand that I should consult the Administrator regarding any questions not answered in the handbook. I have entered into my employment relationship with the Municipality voluntarily and acknowledge that there is no specified length of employment. Accordingly, either I or the Municipality can terminate the relationship at will, with or without cause, at any time, so long as there is no violation of applicable federal or provincial law. Since the information, policies, and benefits described here are necessarily subject to change, I acknowledge that revisions to the handbook may occur, except to the Municipality's policy of employment-at-will. All such changes will be communicated through official notices, and I understand that revised information may supersede, modify,or eliminate existing policies. Only the chief administrative officer of the Municipality has the ability to adopt any revisions to the policies in this handbook. Furthermore, I acknowledge that this handbook is neither a contract of employment nor a legal document. I have received the handbook, and I understand that it is my responsibility to read and comply with the policies contained in this handbook and any revisions made to it. EMPLOYEE'S SIGNATURE DATE EMPLOYEE'S NAME (TYPED OR PRINTED) SUPERVISOR'S SIGNATURE DATE SUPERVISOR'S NAME (TYPED OR PRINTED) Personnel Policy 2 f - Village of Port Burwell Schedule "A" Bylaw 97-06 101 NATURE OF EMPLOYMENT Employment with the Municipality is voluntarily entered into, and the employee is free to resign at will at any time, with or without cause. Similarly, the Municipality may terminate the employment relationship at will at any time, with or without notice or cause, so long as there is no violation of applicable federal or provincial law. Policies set forth in this handbook are not intended to create a contract, nor are they to be construed to constitute contractual obligations of any kind or a contract of employment between the Municipality and any of its employees. The provisions of the handbook have been developed at the discretion of management and, except for its policy of employment-at-will, may be amended or cancelled at any time, at the Municipality's sole discretion. These provisions supersede all existing policies and practices and may not be amended or added to without the expressed, written approval of the chief administrative officer of the Municipality. Personnel Policy 3 village of Port Burwell Schedule "A" Bylaw 97-06 102 EMPLOYEE RELATIONS The Municipality believes that the work conditions, wages, and benefits it offers to its employees are competitive with those offered by other employers in this area and in this industry. If employees have concerns about work conditions or compensation, they are strongly encouraged to voice these concerns openly and directly to their supervisor. Our experience has shown that when employees deal openly and directly with supervisors, the work environment can be excellent, communications can be clear, and attitudes can be positive. We believe that the Municipality amply demonstrates its commitment to employees by responding effectively to employee concerns. Personnel Policy 4 Villade of Port Burwell Schedule "A" Bylaw 97-06 103 EQUAL EMPLOYMENT OPPORTUNITY In order to provide equal employment and advancement opportunities to all individuals,employment decisions at the Municipality will be based on merit, qualifications, and abilities. The Municipality does not discriminate in employment opportunities or practices on the basis of race, colour, religion, sex, national origin, age, or any other characteristic protected by law. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training. Any employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to the attention of their immediate supervisor. Employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment. Personnel Policy 5 Village of Port Burwell Schedule "A" Bylaw 97-06 104 HIRING OF RELATIVES The employment of relatives in the same area of an organization may cause serious conflicts and problems with favouritism and employee morale. In addition to claims of partiality in treatment at work, personal conflicts from outside the work environment can be carried into day-to-day working relationships. Relatives of persons currently employed by the Municipality and of elected officials of the Municipality may be hired only if they will not be working directly for or supervising a relative. The Municipality's employees cannot be transferred into such a reporting relationship. If the relative relationship is established after employment, the individuals concerned will decide who is to be transferred. If that decision is not made within 30 calendar days, management will decide. In other cases where a conflict or the potential for conflict arises, even if there is no supervisory relationship involved, the parties may be separated by reassignment or terminated from employment. For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage. Personnel Policy 6 Village of Port Burwell Schedule "A" Bylaw 97-06 105 EMPLOYEE MEDICAL EXAMINATIONS To help ensure that employees are able to perform their duties safely, medical examinations may be required. After an offer has been made to an applicant entering a designated job category, a medical examination, if required, will be performed at the Municipality's expense by a health professional of the Municipality's choice. The offer of employment and assignment to duties may be contingent upon satisfactory completion of the exam. Information on an employee's medical condition or history will be kept separate from other employee information and maintained confidentially. Access to this information will be limited to those who have a legitimate need to know. • Personnel Policy 7 Village of Port Burwell Schedule "A" Bylaw 97-06 106 IMMIGRATION LAW COMPLIANCE The Municipality is committed to employing only Canadian citizens and aliens who are authorized to work in Canada and does not unlawfully discriminate on the basis of citizenship or national origin. Employees with questions or seeking more information on immigration law issues are encouraged to contact the Administrator. Employees may raise questions or complaints about immigration law compliance without fear of reprisal. Personnel Policy 8 Village of Port Burwell Schedule "A" Bylaw 97-06 107 CONFLICTS OF INTEREST Employees have an obligation to conduct business within guidelines that prohibit actual or potential conflicts of interest. This policy establishes only the framework within which the Village of Port Burwell wishes the business to operate. The purpose of these guidelines is to provide general direction so that employees can seek further clarification on issues related to the subject of acceptable standards of operation. Contact the Administrator for more information or questions about conflicts of interest. Transactions with outside firms must be conducted within a framework established and controlled by the executive level of The Village of Port Burwell. Business dealings with outside firms should not result in unusual gains for those firms. Unusual gain refers to bribes, product bonuses, special fringe benefits,'unusual price breaks, and other windfalls designed to ultimately benefit either the employer, the employee, or both. Promotional plans that could be interpreted to involve unusual gain require specific executive- level approval. An actual or potential conflict of interest occurs when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a relative as a result of the Village of Port Burwell's business dealings. For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage. No "presumption of guilt" is created by the mere existence of a relationship with outside firms. However, if employees have any influence on transactions involving purchases, contracts, or leases, it is imperative that they disclose to the administrator of the Village of Port Burwell as soon as possible the existence of any actual or potential conflict of interest so that safeguards can be established to protect all parties. Personal gain may result not only in cases where an employee or relative has a significant ownership in a firm with which the Village of Port Burwell does business, but also when an employee or relative receives any kickback, bribe, substantial gift, or special consideration as a result of any transaction or business dealings involving the Village of Port Burwell. Personnel Policy 9 ti�illade o{ Port Burwell Schedule "A" Bylaw 97-06 108 OUTSIDE EMPLOYMENT An employee may hold a job with another organization as long as he or she satisfactorily performs his or her job responsibilities with the Municipality. All employees will be judged by the same performance standards and will be subject to the Municipality's scheduling demands,regardless of any existing outside work requirements. If the Municipality determines that an employee's outside work interferes with performance or the ability to meet the requirements of the Municipality as they are modified from time to time, the employee may be asked to terminate the outside employment if he or she wishes to remain with the Municipality. Outside employment will present a conflict of interest if it has an adverse impact on the Municipality. Personnel Policy 10 Village of Port Burwell Schedule "A" Bylaw 97-06 109 NON-DISCLOSURE The protection of confidential business and personal information is vital to the interests of employees, Councillors and ratepayers and the success of the Municipality. Such confidential information includes, but is not limited to, the following examples: Compensation data Personnel information Collection Roll Taxpayer and User Accounts Financial information Labour relations strategies Legal Opinions and Briefs Pending projects and proposals Pending Land purchases and sales All employees will be required to sign a non-disclosure agreement as a condition of employment. Employees who improperly use or disclose trade secrets or confidential business information will be subject to disciplinary action, up to and including termination of employment and legal action, even if they do not actually benefit from the disclosed information. Personnel Policy 11 Village of Port Burwell Schedule ..A" Bylaw 97-06 110 DISABILITY ACCOMMODATION The Municipality is committed to complying fully with the Worker's Compensation Act and ensuring equal opportunity in employment for qualified persons with disabilities. All employment practices and activities are conducted on a non- discriminatory basis. Hiring procedures have been reviewed and provide persons with disabilities meaningful employment opportunities. Pre-employment inquiries are made only regarding an applicant's ability to perform the duties of the position. Reasonable accommodation is available to all disabled employees, where their disability affects the performance of job functions. All employment decisions are based on the merits of the situation in accordance with defined criteria, not the disability of the individual. Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) as well as in job assignments, classifications, organizational structures, position descriptions, lines of progression, and seniority lists. Leave of all types will be available to all employees on an equal basis. The Municipality is also committed to not discriminating against any qualified employees or applicants because they are related to or associated with a person with a disability. The Municipality will follow any provincial or municipal bylaw that provides individuals with disabilities greater protection than the WCB. This policy is neither exhaustive nor exclusive. The Municipality is committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with the WCB and all other applicable federal, provincial and municipal bylaws. Personnel Policy 12 Village of Port Burwell Schedule "A" Bylaw 97-06 201 EMPLOYMENT CATEGORIES It is the intent of the Municipality to clarify the definitions of employment classifications so that employees understand their employment status and benefit eligibility. Each employee will belong to one of the following employment categories: REGULAR FULL-TIME employees are those who are not in a temporary or introductory status and who are regularly scheduled to work the Municipality's full-time schedule. Generally, they are eligible for the Municipality's benefit package, subject to the terms, conditions, and limitations of each benefit program. REGULAR PART-TIME employees are those who are not assigned to a temporary or introductory status and who are regularly scheduled to work less than 30 hours per week. While they do receive all legally mandated benefits (such as unemployment insurance and workers' compensation insurance), they are ineligible for all of the Municipality's other benefit programs. INTRODUCTORY employees are those whose performance is being evaluated to determine whether further employment in a specific position or with the Municipality is appropriate. Employees who satisfactorily complete the introductory period will be notified of their new employment classification. TEMPORARY employees are those who are hired as interim replacements, to temporarily supplement the work force, or to assist in the completion of a specific project. Employment assignments in this category are of a limited duration. Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary employees retain that status unless and until notified of a change. While temporary employees receive all legally mandated benefits (such as workers' compensation insurance, unemployment insurance, employers health coverage, Canadian Pension Plan), they are ineligible for all of the Municipality's other benefit programs. PER DIEM employees are those who routinely work either a full- time or a part-time schedule and who accept additional compensation in lieu of participation in all but legally mandated benefit programs. The Municipality offers this category in limited classifications and to limited numbers of employees. Individuals participating in this program must sign waivers of their rights to participate in the benefit programs Personnel Policy 13 Village of Port Burwell Schedule "A" Bylaw 97-06 applicable to regular employees. Service in this category cannot be credited in any way toward any benefit program, even if the employee is later assigned to a benefit-eligible category. A change to or from this category can be accomplished only with the written consent of the Municipality. CASUAL employees are those who have established an employment relationship with the Municipality but who are assigned to work on an intermittent and/or unpredictable basis. While they receive all legally mandated benefits (such as workers' compensation insurance, unemployment insurance, employers heath coverage, Canadian Pension Plan), they are ineligible for all of the Municipality's other benefit programs. Personnel Policy 14 village of Port Burwell Schedule "A" Bylaw 97-06 202 ACCESS TO PERSONNEL FILES The Municipality maintains a personnel file on each employee. The personnel file includes such information as the employee's job application, resume, records of training, documentation of performance appraisals and salary increases, and other employment records. Personnel files are the property of the Municipality, and access to the information they contain is restricted. Generally, only supervisors and management personnel of the Municipality who have a legitimate reason to review information in a file are allowed to do so. Employees who wish to review their own file should contact the Administrator. Employees have a right to reyiew their own personnel files at any time in the Municipality's offices and in the presence of an individual appointed by the Municipality to maintain the files. Personnel Policy 15 Village of Port Burwell Schedule "A" Bylaw 97-06 203 EMPLOYMENT REFERENCE CHECKS To ensure that individuals who join the Municipality are well qualified and have a strong potential to be productive and successful, it is the policy of the Municipality to check the employment references of all applicants prior to employment. The Administrator will respond to all reference check inquiries from other employers. Responses to such inquiries will confirm only dates of employment, wage rates, and position(s) held. Personnel Policy 16 Village of Port Burwell Schedule"A" Bylaw 97-06 204 PERSONNEL DATA CHANGES It is the responsibility of each employee to promptly notify the Municipality of any changes in personnel data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of an emergency, educational accomplishments, and other such status reports should be accurate and current at all times. If any personnel data has changed notify the Administrator. • • Personnel Policy 17 Villa&of Port Burwell Schedule "A" Bylaw 97-06 205 INTRODUCTORY PERIOD The introductory period is intended to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. The Municipality uses this period to evaluate employee capabilities, work habits, and overall performance. Either the employee or the Municipality may end the employment relationship at will at any time during or after the initial introductory period, with or without cause or advance notice. All new and rehired employees work on an initial introductory basis for the first 90 calendar days after their date of hire. Employees who are promoted or transferred within the Municipality must complete a subsequent introductory period, as determined by management, with each reassignment to anew position. Any significant absence will automatically extend an introductory period by the length of the absence. If the Municipality determines that the designated introductory period does not allow sufficient time to thoroughly evaluate the employee's performance, the introductory period may be extended for a specified period. In cases of promotions or transfers within the Municipality, an employee who, in the sole judgment of management, is not successful in the new position can be removed from that position at any time during the subsequent introductory period. If this occurs, the employee may be allowed to return to his or her former job or to a comparable job for which the employee is qualified, depending on the availability of such positions and the Municipality's needs. During the initial introductory period, new employees are eligible for those benefits that are required by law, such as Workers' Compensation Insurance and Unemployment Insurance. They may also be eligible for other Municipality-provided benefits, subject to the terms and conditions of each benefits program. Employees should read the information for each specific benefits program for the details on eligibility requirements. Upon satisfactory completion of the initial introductory period, employees enter the "regular" employment classification. Employment status is not changed during the subsequent introductory period that results from a promotion or transfer within the Municipality. Personnel Policy 18 Village of Port Burwell Schedule"A"Bylaw 97-06 206 EMPLOYMENT APPLICATIONS The Municipality relies upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations,falsifications,or material omissions in any of this information or data may result in the Municipality's exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment. Personnel Policy 19 Village of Port Burwell Schedule "A" Bylaw 97-06 207 PERFORMANCE EVALUATION Supervisors and employees are strongly encouraged to discuss job performance evaluation and goals on an informal, day-to-day basis. Formal performance evaluations are conducted at the end of an employee's introductory period in any new position. This period allows the supervisor and the employee to discuss the job responsibilities, standards, and performance requirements of the new position. Additional formal performance evaluations are conducted to provide both supervisors and employees the opportunity to discuss job tasks, identify and correct weaknesses, encourage and recognize strengths, and discuss positive, purposeful approaches for meeting goals. Performance evaluations are to be scheduled no less frequently than annually, prior to the budget setting process and are to be completed by both the employee and management by calendar year end. The evaluation process is to include a self-evaluation prepared by the employee, an evaluation prepared by management/supervisor resulting in joint discussion of the evaluations and the recommendations prepared by management. The results of this evaluation process will be a factor in determining the employee's placement on the salary grid. Merit-based pay adjustments are awarded by Council, based on management's recommendations, in an effort to recognize truly superior employee performance. The decision to award such an adjustment is dependent upon numerous factors, including the information documented by this formal performance evaluation process. Personnel Policy 20 Villade of Port Burwell Schedule"A" Bylaw 97-06 301 EMPLOYEE BENEFITS Eligible employees at the Municipality are provided a wide range of benefits. A number of the programs (such as workers'compensation, provincial disability, and unemployment insurance)cover all employees in the manner prescribed by law. Benefits eligibility is dependent upon a variety of factors, including employee classification. Your supervisor can identify the programs for which you are eligible. Details of many of these programs can be found elsewhere in the employee handbook. The following benefit programs are available to eligible employees: Auto Mileage Benefit Conversion at Termination Bereavement Leave Business Travel Accident Insurance Dental Insurance Educational Financial Assistance Educational Leave Family Leave Flextime Scheduling Life Insurance Long-Term Disability Meal Allowances Supplementary Medical Insurance Medical Leave Membership Dues Paid Time Off(PTO) Parking Pension Plan (Ontario Municipal Employee Retirement Savings) Personal Leave Pharmacy Short-Term Disability Sick Leave Benefits Standby Compensation Supplemental Life Insurance (voluntary) Supplemental Medical Coverage (voluntary) Travel Allowances Personnel Policy 21 Village of Port Burwell Schedule "A" Bylaw 97-06 Vacation Benefits Witness Duty Leave Some benefit programs require contributions from the employee, but most are fully paid by the Municipality. Personnel Policy 22 Village of Port Burwell Schedule"A" Bylaw 97-06 302 VACATION BENEFITS Vacation time off with pay is available to eligible employees to provide opportunities for rest, relaxation, and personal pursuits. Employees in the following employment classification(s) are eligible to earn and use vacation time as described in this policy: Regular full-time employees Regular part-time employees, at average weekly hours The amount of paid vacation time employees receive each year increases with the length of their employment as shown in the following schedule. VACATION EARNING SCHEDULE YEARS OF ELIGIBLE SERVICE VACATION DAYS EACH YEAR Upon initial eligibility 10 days After 3 years 15 days After 5 years 20 days After 10 years 25 days After 20 years 30 days The length of eligible service is calculated on the basis of a "benefit year." This is the 12-month period that begins when the employee starts to earn vacation time. An employee's benefit year may be extended for any significant leave of absence. (See individual leave of absence policies for more information.) Once employees enter an eligible employment classification, they begin to earn paid vacation time according to the schedule. Earned vacation time is available for use in the year following its accrual. To take vacation, employees should request advance approval from their supervisors. Requests will Personnel Policy 23 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By-Law 97-09 Being a by-law to amend bylaw 96-23 being establish bookkeeping policies. WHEREAS the MUNICIPAL ACT, R.S.O. 1990, Chap. M.45 s.79 as amended provides; The treasurer shall receive and safely keep all money of the corporation, and shall pay out the same to such persons and in such manner as the laws of Ontario and the by-laws or resolutions of the council direct, and every cheque issued by the treasurer shall be signed by the treasurer and by some other person designated for the purpose by by-law or resolution of the council. WHEREAS the Municipal Act, RSO, 1990 c. M45, s 102 as amended gives powers to every council to pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law, and; AND WHEREAS the Council of the Village of Port Burwell has pass bylaw 96-23 being a bylaw to establish policies to prescribe bookkeeping policies and procedures. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell permits that the policies as enacted by bylaw 96-23 may be amended from time to time by resolution. Read a : I.d secon. un-,his 2. nd day of April, 1997 1A,v/ ,r i-eve ` ; `` Admi+; ator/Clerk-Treasurer Read a third.*:nal t' %e this 22 . day of April, 1997 A / lir Re a - Admi ' ator/Clerk.-Treasurer Village of Port Burwell. Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 Resolution #970422-09 April 22, 1997 Moved by: `� _ Seconded by: �`' ,, .= Whereas Council has passed bylaw 96-23 being a by-law to establish bookkeeping policies, and; Whereas conflicts of interest by Council members has arisen with respect to presenting accounts payable to all of Council. Be it resolved that the Council of the Village of Port Burwell hereby amends Schedule "A" of bylaw 96-23 section 2.4.1 as follows; 2.4.1 Approval and Verification of Invoices a) There are certain types of accounts payable that can be paid by the Treasurer without referral to Council. These expenditures include those that are: fixed by bylaw or contract, approved budgets, by-laws or resolutions of Council, debentures, interest due, bills discounted, staff expenses, fixed salaries, hourly wages verified by the Treasurer, postage, duty, utilities, or excise refunds of overpayment, payrolls when certified by the officer authorized to do so, all when due or demanded. Regardless of prior approval, all expenditures are to be brought to the attention of the Council separated and numbered to acknowledge potential t;onflicts of interest as pziur declared by Councillors. Regardless of staff effort to acknowledge and separate accounts Councillors shall be responsible to declare any and all conflicts of interest independent of staff efforts to segre--. - acc. s p. able. Carried: i 4 . ,r1 G�f The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 97-10 Being a by-law to repeal By-Law 97-05, being a by- law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a Joint Venture Agreement with the Corporation of the Town of Tillsonburg. WHEREAS the Municipal Act, RSO, 1990 c. M45, s 102 as amended gives powers to every council to pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provide&for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law, and; WHEREAS the municipality has deemed it necessary to repeal By-Law 97-05 and the Schedules thereof, and; WHEREAS the said Schedules to By-Law 97-05 were prepared erroneously. THEREFORE the Council of the Village of Port Burwell hereby repeals By-Law 97-05. Read a first and second time this 13th day of May, 1997 Admiuistr Clerk- T asure Ree Read a third time and finally passed on this 13th day of May, 1997 dr Admi " ra : • reas eeve 1 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 By-Law 97-11 Being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a Joint Venture Agreement with the Corporation of the Town of Tillsonburg. WHEREAS the Municipal Act, RSO, 1990 c. M45, s 102 as amended gives powers to every council to pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law, and; WHEREAS the Council of the Village of Port Burwell passed resolution #961001-01 which authorized the execution of a Memorandum of Understanding with the Town of Tillsonburg, and; WHEREAS the Village of Port Burwell and the Town of Tillsonburg deems it necessary to further articulate the memorandum understanding into a formal Joint Venture Agreement with the Corporation of the Town of Tillsonburg for the Big Otter Utility Corridor and Recreation Trail further described as; 1.) A. Part of Lots 19 and 20, Concession North Gore, Township of Bayham, County of Elgin, designated as Parts 1, 2,3, 4 and 5 on Plan 11R-6476, subject to an Easement over, along and upon that part of Lot 20, Concession North Gore as set out in Instrument 28525 designated as Part 4 on Plan 11 R-6476. B. Part of Lot 17, South of Third Street, Part of Lot 15, North of Second Street, Part of Lot 15 and all of Lot 16, South of Second Street, Part of Lot 13 and all of Lot 14, North of First Street, all of Lot 14, South of First Street, all of Lots 14 and 15, North of Talbot Road, Part of First and Second Streets, Registered Plan 205 (Village of Straffordville), Part of Lots 126, 127 and 128, Concession North of Talbot Road, Township of Bayham, County of Elgin, designated as Part 1 on Plan 11R-6477. C. Part of Lots 6 and 7, Concession 3, North of Talbot Road, Geographic Township of Middleton, County of Norfolk, Municipality of the Township of Norfolk, Regional Municipality of Haldimand-Norfolk, being all of the lands previously described in registered Instruments numbered 84766 and 86456 (secondly). 1 D. Part of Lots 1, 2, 3, 4 and 5, Concession 3, North of Talbot Road, Geographic Township of Middleton, County of Norfolk, Municipality of the Township of Norfolk, Regional Municipality of Haldimand-Norfolk, being all of the lands previously described in registered Instruments numbered 84754, 84763, 84757, 84763, 84755, 84758, 84764, 84759 and 86457. E. Part of Lots 23, 24, 25 and 26, Concession 9, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11777, 11759, 11931, 11770, 11776, 11722 and 11887. F Part of Unnumbered Canadian Pacific Railway Block, Registered Plan 258, Part of Lots 20, 21, 22 and 23, Concession 8, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11767, 11773, 11766, 12187, 11764 and 11777. G. Part of Lots 125 and 126, Concession South of Talbot Road, Part of Lot 17, Concession South Gore, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11895, 11843 and 11763. H. Part of Lots 17 and 18, Concession 5, Township of Bayham, County of Elgin, being all o the lands previously described in registered Instruments numbered 11889, (Baybam), 11783 (Bayham), 11883 (Bayham), 11892 (Bayham) and 11888 (Bayham). I. Part of Lots 17 and 18, Concession 4, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11893 (Bayham), 11901 (Bayham), 11784 (Bayham) and 12402 (Bayham). J. Part of Block I, Registered Plan 54, Part of Lot 17, Concession 3, Part of the Road Allowance between Concession 2 and 3 (Closed), Part of Lot 17, Concession 2, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 1822 (Vienna), 1447 (Vienna), 11886 (Bayham) and 13113 (Bayham). K. Part of Lot 16, Concession 2, Township of Bayham, County of Elgin, being all of the lands described in registered Instruments numbered 1445 (Vienna), 1821 (Vienna) and 1822 (Vienna). L. Part of Blocks E, G and K, Registered Plan No. 54, Part of Lots 13, 14 and 15, Concession 2, Township of Bayham, County of Elgin, being alll of the lands previously described in registered Instruments numbered 11884 (Bayham), 11899 (Bayham), 14457 (Bayham), 1446 (Vienna), 1459 (Vienna), 1771 (Vienna) and 2173 (Vienna). M. Part of Lot 13, Concession 1, Township of Bayham, County of Elgin, being all of the lands previously described in registered Instruments numbered 11896 (Bayham) and 14622 (Bayham). 2 N. Part of Lot 18, Concession 3, Township of Bayham, County of Elgin, designated as Part 1 on Plan 11R-6479. O. Part of Lot 17, Concession 4, Township of Bayham., County of Elgin, designated as Part 1 on Plan 11R-6478. Being all of the lands described in Transfer/Deed registered February 6, 1997, in the Registry Office for the Registry Division of Elgin (No. 11) as Instrument No. 375323 and registered February 6, 1997, in the Registry Office for the Registry Division of Norfolb (No. 37) as Instrument No. 522431. 2.) Easement and Right-of-Way over: Firstly: Part of Lot 11, Concession 1, Geographic Township of Bayham, Part of Unnumbered Lots west of Lots 16 and 17, West of Robinson Street, Lots 24 and 25, West of Robinson Street, Part of Lots 18 to 23, inclusive, West of Robinson Street, Part of Lots 18, 19 and 20, West of Lots West of Robinson Street, Part of Lots 21 to 25, inclusive, East of Howard Street, Part of Waterloo Street (Closed), Part of Wellington Street (Closed), Part of Pitt Street (Closed), Registered Plan 12, in the Village of Port Burwell, County of Elgin designated as Parts I and 2 on Plan I1R-6474. Subject to a right-of-way over, along and upon that part of Waterloo Street (Closed), Registered Plan 12, and Part of Lot 11, Concession 1, Geographic Township of Bayham., now in the Village of Port Burwell, as set out in Instrument No. 100784 and designated as Part 2 on Plan 11R-6474. Secondly: Lots 21, 22, 23, 24 and 25, Part of Lot 6, Part of Lots 8 to 20, inclusive, Part of Water Street (Closed), Registered Plan 98, Part of Otter Street (Closed), Registered Plan 12, Part of Lots 11 and 12, Concession 1, Geographic Township of Bayham, Municipality of the Village of Port Burwell, Part of Lots 12 and 13, Concession I, Township of Bayham, County of Elgin designated as Parts 1 and 2 on Plan 11R-6475. 3 WHEREAS the Village of Port Burwell has passed By-Law 97-10 being a by-law to repeal By-Law 97-05 which was erroneously passed. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk-Treasurer to execute the agreement with the Corporation of the Town of Tillsonburg attached hereto as Schedule "A" of this bylaw. Read a first and second time this 13th day of May, 1997 Administrat. /Clerk- Treasurer fI • i -di-INS /or r-eve Read a third time and finally passed on this 13th day of May, 1997 Administrat rk- -asur-r eeve 4 Z .c L d 4 AeT4s.cyLL THIS JOINT VENTURE AGREEMENT made as of the 6th day of February, 1997. BETWEEN: THE CORPORATION OF THE VILLAGE OF PORT BURWELL ("Port Burwell"), the Party of the First Part - and - THE CORPORATION OF THE TOWN OF TILLSONBURG ("Tillsonburg"), the Party of the Second Part IN CONSIDERATION OF the covenants and agreements hereinafter contained and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by each of the Parties),the Parties hereby covenant and agree, effective from and after the Commencement Date, as follows: ARTICLE I DEFINITIONS 1. Where used in this Agreement or in any Schedule or amendment hereto, the following terms shall, unless the context otherwise requires, have the following meanings, respectively: 1.01 "Agreement"shall mean this Agreement, including any Schedules or amendments hereto; 1.02 "Buy-Sell Offers"shall mean two (2) contemporaneous offers by one Party to the other, each on identical terms (except that the price shall be pro-rated if the Party's Percentage Interests are not equal), one being an offer to purchase the Offeree's Joint Venture Interest and the other being an offer to sell the Offerors Joint Venture Interest; 1.03 "Capital Account" shall mean, with respect to each Party, the aggregate value of all contributions to the Joint Venture from time to time by that Party, less the aggregate value of any distributions to date to such Party; 1.04 "Capital Contributions" shall mean contributions of capital required to be made by the Parties in accordance with Paragraph 4.03; 1.05 "Commencement Date" shall mean the 6th day of February, 1997; 1.06 "Contributing Party" shall mean a Party making a Capital Contribution as provided for in Paragraph 4.03; 1.07 "Contribution Loan" shall mean a loan made by a Contributing Party to a Non- Contributing Party as provided for by Paragraph 4.04; 1.08 "Defaulting Party"shall mean the Party in relation to which, or whom, an Event of Default occurs; 2 1.09 "Event of Default" shall mean an event listed in Subparagraphs 10.01(a) to 10.01(I) inclusive; 1.10 "First Right Notice" shall mean a written notice from one Party to the other of a Single Interest Offer received by that Party; 1.11 "Joint Venture" shall mean the Joint Venture undertaken by the Parties for the purpose set out in Paragraph 3.01; 1.12 "Joint Venture Costs" shall mean the total of all costs of any nature relating to the completion and ongoing operation and maintenance of the Project incurred subsequent to the Commencement Date including Construction Costs; 1.13 "Joint Venture Interest" shall mean, in relation to each Party, the Percentage Interest of each Party respectively from time to time in the Joint Venture; 1.14 "Major Decisions" shall mean decisions as defined in Paragraph 5.03; 1.15 "Non-Contributing Party" shall mean a Party failing to make a Capital Contribution as provided for in Paragraph 4.03; 1.16 "Non-Defaulting Party" shall mean the Party in relation to which, or whom, an Event of Default has not occurred; 1.17 "Offeree" shall mean a Party receiving a First Right Notice or a Buy-Sell Offer; 1.18 "Offeror" shall mean a Party delivering a First Right Notice or a Buy-Sell Offer; 1.19 "Party and Parties" shall mean, respectively, the individual Parties and both Parties to this Agreement; 1.20 "Percentage Interest" shall mean, in the relation to each Party, the Party's proportionate interest in the Joint Venture as defined by Paragraph 4.01; 1.21 "Project" shall mean the development and ongoing operation and maintenance of the Property as a utility corridor, and as a bicycle path and/or a cross country ski trail and/or a recreational trail and/or related uses, which shall be the undertaking of the Joint Venture; 1.22 "Property" shall mean the real property described in Schedule A; 1.23 "Single Interest Offer" shall mean a bona fide offer for the purchase of all of the Joint Venture Interest of one Party, which offer complies with the requirements of Paragraph 8.03; 3 ARTICLE II INTERPRETATION 2.01 Headings The division of this Agreement into Articles and Paragraphs and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. 2.02 Rules of Construction Unless the context otherwise requires; (a) the terms "this Agreement", "hereof", "hereunder" and similar expressions refer to this Agreement and not to any particular Article, Paragraph or other portion hereof and include any Schedule or amendment hereto; (b) references to Articles and Paragraphs are to Articles and Paragraphs of this Agreement; (c) words importing the singular number only shall include the plural and vice versa and words importing either gender shall include both genders and words importing individuals shall include firms and corporations and vice versa; (d) the word "or" may be conjunctive or disjunctive, as the context may require; (e) reference herein to any agreement, indenture or other instrument in writing means such agreement, indenture or other instrument in writing as amended, modified or supplemented from time to time; and (f) unless otherwise indicated, reference to any statute shall be deemed to be a reference to such statute as amended, re-enacted or replaced from time to time. 2.03 Governing Law This Agreement shall be construed in accordance with and governed by the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract. 2.04 Accounting Principles Wherever in this Agreement reference is made to generally accepted accounting principles, such reference shall be deemed to be to the generally accepted accounting principles from time to time approved by the Canadian Institute of Chartered Accountants, or any successor institute, applicable as at the time and such other principles as generally accepted in the Province of Ontario. 2.05 Currency All references to currency herein are to lawful money of Canada. 4 2.06 Entire Agreement This Agreement together with the documents referred to herein, constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the Parties hereto with respect thereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the Parties other than as expressly set forth in this Agreement. 2.07 Sever@bility Save and except for any provisions or covenants contained herein which are fundamental to the subject matter of this Agreement, the invalidity or unenforceability of any provisions of this Agreement or any covenants herein contained shall not affect the validity or enforceability of any other provisions or covenants hereof or herein contained and any such invalid provision or covenant shall be deemed to be severable. 2.08 Schedules The following Schedules are attached hereto and are incorporated into this Agreement by reference: Schedule "A" - legal description of Property. ARTICLE III THE JOINT VENTURE 3.01 Formation The Parties hereby enter into the Joint Venture for the purpose of the completion and the ongoing operation and maintenance of the Project, and notwithstanding the provisions of Article V, agree to concur in securing of all work, services and material necessary to complete, operate and maintain the Project and to concur in the payment by the Joint Venture of all Joint Venture Costs; provided that all specific costs and liabilities shall be agreed to by both Parties before they are incurred by or on behalf of the Joint Venture. 3.02 Scope of Authority Except as otherwise expressly and specifically provided for in this Agreement, neither Party shall have any authority to bind or act for, or assume any obligations or responsibility on behalf of the other. Neither the Joint Venture nor either Party shall be responsible for any indebtedness or obligation of the other Party relating to the Property or otherwise, incurred or arising either before or after the execution of this Agreement, except as to those joint responsibilities, liabilities, indebtedness or obligations incurred pursuant to and limited by the terms of this Agreement, or as specifically agreed to in writing from time to time. Each Party shall indemnify and hold harmless the other from and against all claims, demands, losses, damages, liabilities, law suits, other proceedings, 5 judgments, awards, costs and expenses (including but not limited to legal fees on a solicitor and the solicitor's own client basis) arising directly or indirectly in whole or in part out of any breach of the foregoing provisions. 3.03 No Partnership Nothing in this Agreement shall be construed so as to create or support the existence in law of a partnership between the Parties. The Parties specifically deny any intention of creating a legal partnership. 3.04 Term The term of this Agreement shall commence on the Commencement Date and shall continue until terminated in accordance with this Agreement and for so long as the Joint Venture holds any interest in or has any obligations relating to the Property or until the Parties agree to its termination; provided that no Party shall have the right to withdraw from the Joint Venture and each Party agrees not to so withdraw, nor to dissolve, terminate, or liquidate, or to petition a court for the dissolution, termination or liquidation of the Joint Venture, except as provided for in this Agreement, and no Party shall at any time have the right to petition or to take any action to subject the Property, or any part or parts thereof, or any interest therein, or any other assets of the Joint Venture, or any part or parts thereof, to the authority of any court of bankruptcy, insolvency, receivership or similar proceeding. 3.05 Non-Assignment Both Parties agree that neither will sell,transfer,assign, mortgage or otherwise encumber, dispose of or cease to be an owner of the Property, except with the consent in writing of the other, or except otherwise in accordance with the terms of this Agreement. 3.06 Principal Place of Business The principal place of business of the Joint Venture shall be 200 Broadway, 2nd Floor, Suite 204, Tillsonburg, Ontario, N4G 5A7, or such other location as the Parties may agree upon from time to time. 3.07 Financing Any required financing, shall, wherever possible, be on the basis of several, not joint, liabilities so that each Party shall be liable only to the extent of its Percentage Interest. In the case of joint and several liability, the Parries, as between themselves, shall only be liable in the same percentage as their respective Percentage Interest and each hereby agrees to indemnify and save harmless the other for the Party's percentage share of such financing, and the Party's percentage share of any costs and liabilities associated therewith. 6 ARTICLE IV CAPITAL CONTRIBUTIONS 4.01 Percentage Interest Each of the Parties shall have a Fifty Percent (50%) Percentage Interest in the Joint Venture, including the Project and the Property. There shall be no adjustment to the Percentage Interest of either Party except as provided for by this Agreement or by written agreement of both Parties. 4.02 Initial Contributions It is the intention of the Parties that they contr cute equally to the cost of the Joint Venture. Contributions to the Commencement Date have been made by the Parties equally. 4.03 Additional Capital Contributions To the extent that the Joint Venture requires funds for completion and ongoing operation and maintenance of the Project and the payment of Joint Venture Costs, the Parties agree to make additional Capital Contributions from time to time in accordance with the provisions hereof and in the same percentage amounts as their Percentage Interest as provided for herein, and as adjusted from time to time, and in such amounts as are sufficient to enable the Joint Venture to complete, operate and maintain the Project. Either Party may give notice in writing to the other Party of the requirement for additional capital contributions, which notice shall specify in reasonable detail the amount and purpose of any such additional capital contributions. Each Party shall, within thirty (30) days of such notice, deposit the additional capital contribution required by such notice into the bank account of the Joint Venture. 4.04 Contribution Loans In the event that either Party fails to make any such additional capital contribution within the time specified, a Contributing Party shall have the right to advance directly to the Joint Venture the funds required from a Non-Contributing Party as a loan to such Non- Contributing Party. 4.05 Contribution Loan Security In the event that the Contributing Party elects to make a Contribution Loan then the Contribution Loan shall bear interest at a rate equal to the Prime Rate charged by the Canadian chartered bank or trust company used by the Joint Venture from time to time plus two percent(2%). The Contribution Loan shall be due and payable immediately and shall be repaid out of any subsequent distribution made pursuant to this Agreement to the Non-Contributing Party. All payments shall be applied first to interest and then to principal until the Contribution Loan is repaid in full. Repayment of the Contribution Loan shall be secured by the Non-Contributing Party's Joint Venture Interest and the Non-Contributing Party hereby grants a security interest in such Joint Venture Interest to the Contributing Party and hereby irrevocably appoints the Contributing Party and any of its agents as the Non-Contributing Party's attorney with full power and authority to prepare and execute any documents, instruments and agreements, including but not limited to any note evidencing 7 the Contribution Loan, and financing statements and other security instruments as may be appropriate to perfect and continue such security interest in favour of the Contributing Party. 4.06 Remedies of Contributing Party In the event that any Contribution Loan has not been repaid in full within sixty (60) days of the date when the Contribution Loan is made, then, in addition to any other rights or remedies available to the Contributing Party at law or in equity, at any time thereafter the Contributing Party may elect to proceed under either Subparagraph 4.06(a) or 4.06(b). (a) Upon thirty (30) days prior written notice to the Non-Contributing Party, the Contributing Party may elect to treat the outstanding balance of its Contribution Loan as a Capital Contribution added to the Contributing Party's Capital Account and both Parties' Percentage Interests shall thereupon be recalculated as of the effective date of the notice of such election; or (b) The Contributing Party may elect to make written demand upon the Non- Contributing Party for payment in full of the Contribution Loan, including accrued interest attributable to such loan and, upon the failure of the Non-Contributing Party to pay such Contribution Loan, and interest, in full within seven (7) days following the day upon which demand is made, the Contributing Party may elect to treat such failure to pay as an event of default as provided in this Agreement, and to enforce the security interest in the Non-Contributing Party's Joint Venture Interest. 4.07 No Interest on Capital Interest earned on Joint Venture funds shall enure solely to the benefit of the Joint Venture and, except as specifically provided herein with respect to the payment of interest on a Contribution Loan, no interest shall be paid upon any contributions or advances to the capital of the Joint Venture nor upon any undistributed or reinvested income or profits of the Joint Venture. 4.08 Adjustment to Capital Accounts The Capital Accounts of each Party shall, during each fiscal year, be: (a) increased by Capital Contributions made by such Party during such fiscal year, and such Party's share of the profits (calculated without including depreciation) of the Joint Venture determined pursuant to Paragraph 4.09 during such fiscal year, whether or not distributed; and (b) decreased by distributions to or for the account of such Party, whether of capital or income, during such fiscal year, and such Party's share of losses (calculated without including depreciation) of the Joint Venture during such fiscal year, determined pursuant to Paragraph 410. 8 4.09 Allocation of Profits The respective share of each Party in all Joint Venture income and expenses and each item thereof, including depreciation and tax credits, shall be allocated to the Parties in accordance with their Percentage Interests; provided however, that the decision as to when, and to what extent, claims are made for such depreciation (capital cost allowance) and tax credits for tax purposes shall be left to the discretion of each Party. 4.10 Withdrawal of Capital Except as otherwise provided herein, no portion of the capital of the Joint Venture may be withdrawn at any time without the consent of all of the Parties. Upon termination of the Joint Venture, the Parties' capital shall be distributed pursuant to Paragraph 10.04. ARTICLE V DECISION MAKING 5.01 Decisions The Parties agree that all decisions regarding the Joint Venture, the Project or the Property other than Major Decisions and other than contributions toward costs payable by the Joint Venture solely as owner of the Property shall be made by the Board. 5.02 Board The Board shall consist of three representatives from each Party. At least one representative from each Party shall be a member of that Party's Council. Each representative shall be an individual who shall be qualified to be elected as a member of the Council of the Party which appointed such representative. Each representative shall hold office at the pleasure of the Council of the Party which appointed such representative and unless sooner removed from the Board shall remain on the Board until the expiration of the term of the Council of the Party that appointed such representative and until such representative's successor is appointed. 5.03 Major Decisions No act shall be taken, sum expended, decision made or obligation incurred by the Joint Venture with respect to a matter within the scope of any of the Major Decisions enumerated below, unless and until the same has been approved by both Parties. Major Decisions shall be: (a) acquisition of any land or other real property or interest therein, other than the Property; (b) financing or refinancing of the Joint Venture, the Property, or the Project; (c) the sale or transfer of the Property or the Project or any interest therein; (d) approval of any addition to and/or alteration of the Project or any portion thereof, and of any modification of plans, specifications and drawings for the Project; (e) retention of legal counsel, surveyors, engineers and architects for the Joint 9 Venture, and for the institution of any law suit or similar legal action; (f) making any expenditure or incurring any obligation by or on behalf of the Joint Venture; and (g) any other decision or action which materially affects the Joint Venture or the assets or operations thereof. ARTICLE VI MANAGEMENT 6.01 Overall Management The Board shall be responsible, in addition to its part in the decision-making process outlined in Article V above,for the implementation of all Major Decisions agreed to by both Parties and for the overall construction, operation and maintenance of the Joint Venture and the Project and the Property. 6.02 Chairman At each annual meeting of the Board, the Board shall elect from its members a Chairman who shall be responsible for the following: (a) presiding at all meetings of the Board; (b) signing, along with the Treasurer, all cheques. 6.03 Vice-Chairman At each annual meeting of the Board, the Board shall elect a Vice-Chairman who shall be responsible for fulfilling the Chairman's responsibilities in the absence of the Chairman. 6.04 Secretary At each annual meeting of the Board, the Board shall appoint a Secretary from the staff of one of the Parties who shall be responsible for the following: (a) keeping written minutes of all meetings of the Board; (b) receiving all correspondence directed to the Joint Venture and sending all correspondence required to be sent by the Joint Venture; (c) keeping and maintaining all records of the Joint Venture, including minutes of Board meetings, correspondence, contracts, plans, past financial statements and all other records; (d) forwarding to each Party written notice of any required contribution; and (e) forwarding to all members of the Board all notices required to be given under this Agreement. 10 6.05 Treasurer At each annual meeting of the Board, the Board shall appoint a Treasurer from the staff of the Party that the Secretary does not represent, who shall be responsible for the following: (a) maintaining all current financial records of the Joint Venture; (b) preparing a balance sheet as at the end of each fiscal year of the Joint Venture and an income and net cash flow statement for each such fiscal year within sixty (60) days after the end of each such fiscal year, (c) preparing any and all income tax returns or information statements of the Joint Venture and furnishing same for review and approval by each of the Parties at least thirty (30) days prior to any statutory dates for filing thereof; (d) maintaining the Joint Venture's bank account and bank records; and (e) signing along with the Chairman or Vice-Chairman, of all cheques. 6.06 Bank Accounts The Board shall maintain at least two bank accounts, one of which shall be an operational account and one of which shall be a reserve account. All monies received by the Joint Venture shall be deposited into one or more of the bank accounts maintained by the Board. The Board may also place funds into such term deposits, investment certificates or other financial instruments as shall be decided upon by the Board. All cheques and other Bank documents shall be signed by the Chairman or Vice-Chairman and by the Treasurer. 6.07 Meetings The Board shall hold an annual meeting on or before the 15th day of February in each year for the purpose of considering reports, approving financial statements, electing officers, and establishing budgets. In addition, the Board shall hold at least four other meetings in each year in order to discuss such business as the Chairman may determine. The Chairman may also call such other special meetings as the Chairman considers necessary. All meetings of the board shall be at times and places as determined from time to time by the Chairman. 6.08 Notice of Meetings Notice of the time and place of each meeting of the Board shall be given to each member of the Board not less than five (5) days before the day on which the meeting is to be held, and the Notice shall specify the nature of the business to be conducted at such meeting. Notice may be given by mail or by telephone or by facsimile transmission, and the certificate of the Secretary as to the proper giving of Notice shall be conclusive of such Notice having been given. 11 6.09 Quorum A quorum at any meeting of the Board shall be four (4) members, of which there shall be at least two (2) representatives from each Party. All decisions of the Board in carrying out its tasks shall be agreed to by a majority of those present at such meetings. 6.10 Contracts and Documents All contracts, documents or instruments in writing shall be signed by the Chairman or Vice-Chairman and by the Treasurer or as otherwise authorized by the Board. 6.11 Capital Expenditures and Major Maintenance Expenditures The Board shall request tenders or bids for all capital expenditures and all major maintenance expenditures. 6.12 Rules The Board shall establish rules and regulations governing the use and operation of the Project and the Property. 6.13 Budgets The Board shall repair and provide to the Parties the following budgets: (a) forthwith after the establishment of the Board, the Board shall establish a budget for the construction, operation and maintenance of the Project and the Property for one year and the budget shall be presented to each of the Parties for approval; (b) prior to December 31 of each year, the Board shall prepare and present to the Parties a budget for the construction, operation and maintenance of the Project and the Property for the following year, which shall include all costs relating to the construction,operation and maintenance of the Project and the Property and which shall include a reserve amount equal to ten percent of the cost of operating the Project and the Property; (c) forthwith after the Board is established, the Board shall prepare and present to each of the Parties a five-year budget forecast setting out both projected operating and capital expenditures, and further five-year budget forecasts shall be prepared as and when determined by the Board. 6.14 Reserve Accounts The Board shall establish a reserve account(s) for major capital expenditures relating to the Project and the Property. All reserve funds elected on an annual basis shall be deposited into such special reserve account(s). The determination of what constitutes a major capital expenditure, and the utilization of funds in the reserve account(s), shall be determined by the Board, provided that the reserve account(s) shall not be reduced below the total sum of $1,000.00. 12 6.15 Special Assessments The Board may submit a special assessment to each Party for the approval and the payment of same by each Party with respect to: (a) a deficit, projected or actual in the Board's initial budget or any of the Board's annual budgets, with respect to the Project and the Property; (b) projected major capital expenditures which exceed the balance(s) in the reserve account(s). 6.16 Compensation of Parties Except as may be expressly provided for herein or hereafter approved by the Board, no payment will be made by the Joint Venture to either Party for the services of such Party. 6.17 Reimbursable Expenditures Each of the Parties shall be reimbursed by the Joint Venture for out-of-pocket expenditures incurred with respect to Joint Venture Costs, including broker fees,surveying costs, engineering costs, legal costs and costs of other outside consultants. 6.18 Time Devoted to Joint Venture The Parties shall devote such time to the Joint Venture as is reasonably necessary to carry out the provisions of this Agreement. 6.19 Other Business Activity. Disclosure. Waiver Each of the Parties understands that the other may be interested, directly or indirectly, in various other businesses or undertakings not included in the Joint Venture. The Parties hereby agree that the creation of the Joint Venture and the assumption by each of the Parties of duties hereunder shall be without prejudice to the Parties' rights to have such other interests and activities and to receive and enjoy profits or compensation therefrom, and each Party waives any right to share or participate in such other interests or activities of the other Party. The Parties may engage in or possess any interest in any other business venture of any nature or description independently or with others, including but not limited to, the ownership, financing, leasing, operation, management, syndication, brokerage, or development of real property, and neither the Joint Venture nor the other Party shall have any right by virtue of this Agreement in or to such interest or the income or profit derived therefrom. ARTICLE VII ACCOUNTING 7.01 Books and Records The Joint Venture shall maintain, at the expense of the Joint Venture, accurate books and records of account on an accrual basis, in which shall be recorded all matters relating to 13 the Joint Venture, including all income, expenditures, assets, and liabilities thereof. The said books and records, and all other information relating to the Joint Venture, shall be maintained at all times at the place of business of the Joint Venture. Each Party, or its authorized representative, shall have the right to inspect and copy the books, records,files and documents of the Joint Venture at all reasonable times. 7.02 Fiscal Year The fiscal year of the Joint Venture shall end on such date of each year as agreed to by the Parties from time to time. 7.03 Allocations to Parties Each item of income, gain, loss, deduction or credit earned, realized or available by or to the Joint Venture shall be allocated to the Parties in accordance with the Percentage Interest of each Party. 7.04 Accountant The Joint Venture shall engage such firm of chartered accountants as the Parties may agree upon in respect of completing an audit of the financial statements of the Joint Venture for each fiscal year of the Joint Venture. ARTICLE VIII TRANSFER AND BUY-SELL 8.01 Prohibition Against Transfer Except as expressly permitted herein, neither Party shall sell, assign, transfer, mortgage, charge or otherwise encumber, or agree to sell, assign, transfer, mortgage, charge or otherwise encumber, whether voluntarily or by operation of law, any part or all of its Joint Venture Interest, without the written consent of the other Party, and any document evidencing such sale, assignment, transfer, mortgage, charge or other encumbrance, or agreement to do so,shall be void; provided that this Paragraph shall not prohibit any such transactions between one of the Parties and one of its shareholders, a corporation controlled by the Party or its shareholder, the spouse or child of a shareholder, or a trust in which the entire beneficial interest is owned by a shareholder, or the spouse or child of a shareholder; provided further that any such permitted transaction shall be on the express condition that such shareholder, corporation, trust, spouse or child agree to be bound by this Agreement. 8.02 Right of First Refusal If a Party receives a Single Interest Offer which it desires and intends to accept, it shall before accepting such offer give a First Right Notice to the other Party. 14 8.03 Requirements of Offer A Single interest Offer shall satisfy the following requirements: (a) it shall provide for a closing date within ninety (90) days of the date of the Offer, (b) the proposed purchase price (which shall be net of any liability of the Joint Venture which the prospective purchaser has agreed to assume), if not payable entirely in cash, shall not be secured by any charge, encumbrance or hypothecation of a Joint Venture Interest; (c) it shall contain provisions obligating the purchaser to comply with the provisions of Paragraph 9.02 on or before closing; (d) it shall be an offer by a principal (identified in the offer and not an agent acting on behalf of an undisclosed principal) which principal shall not be related to or affiliated with the Offerors or in which the Offerors have any direct or indirect ownership or control; (e) it shall be accompanied by a certified cheque for a sum equal to at least ten percent (10%) of the proposed purchase price, by way of deposit; (f) it shall be an offer from a prospective purchaser of good business character and reputation and financially capable of carrying out ail obligations of the Offeror under this Agreement; and (g) it shall be from a prospective purchaser meeting the limitations set out in Paragraph 9.05. 8.04 First Right Notice The First Right Notice shall be accompanied by a true copy of the Single Interest Offer and shall be deemed to be an offer by the Offeror to the Offeree to sell the Joint Venture Interest of the Offeror at the same price and subject to the same terms and conditions as set forth in the Single Interest Offer. The Offeree shall notify the Offeror in writing of the Offeree's acceptance or rejection within thirty (30) days of the date of receipt of the First Right Notice, and failure to give notice within the required time period shall be deemed to be an election to reject. 8.05 Acceptance of Sale Offer If the First Right Notice is accepted by the Offeree as specified in Paragraph 8.04, there shall be deemed to be an agreement of purchase and sale between the Offeror and the Offeree which shall be completed in accordance with Article IX. 8.06 Right to Sell to Third Party If the First Right Notice is rejected as provided in Paragraph 8.04, the Offeror shall be free to accept the Single Interest Offer and to complete the sale of the Offeror's Joint Venture Interest as provided therein. The Offeree's election not to exercise the Offeree's rights hereunder with respect to a First Right Notice or particular Single Interest Offer shall not constitute a waiver of the Offeree's rights hereunder with respect to any subsequent Single Interest Offers. 15 8.07 Buy-Sell At any time prior to the termination of the Joint Venture, either Party may deliver Buy-Sell Offers to the other Party, which shall be open for acceptance for a period of thirty (30) days from their receipt, and one (1) of which offers may be accepted by the Offeree by delivery of written notice to the Offeror within thirty (30) days of the receipt of the said Buy-Sell Offers. 8.08 Acceptance of Offer If one of the Buy-Sell Offers is accepted, the Offeror shall be bound to sell the Offeror's Joint Venture Interest or to purchase the Offeree's Joint Venture Interest, as the case may be, in accordance with the terms contained in the Buy-Sell Offers and the closing of the transaction shall take place in accordance with Article IX. If neither offer is accepted within the said thirty (30) day period, then the Offeree shall be deemed to have accepted the offer of the Offeror to buy the Joint Venture Interest of the Offeree and the closing of the transaction shall take place in accordance with Article IX. 8.09 Limitation on Exercise Notwithstanding anything to the contrary contained in this Article VIII, no transfer of any Joint Venture Interest pursuant to this Article VIII shall be permitted, nor may either the First Right of Refusal right with respect to a Single Interest Offer, nor the Buy-Sell right, be exercised subsequent to the giving of a First Right Offer or the making of a Buy-Sell Offer, until all notice periods arising therefrom have expired and until all transactions arising therefrom have either been completed or otherwise terminated. ARTICLE IX GENERAL SALE PROVISIONS 9.01 Closing The closing of any sale of a Joint Venture Interest to the other Party pursuant to Article VIII, or Paragraph 10.02(a) shall be held at the place of business of the Joint Venture on the date thirty (30) days after: (a) with respect to a First Right Notice, the earlier of the receipt by the Offeror of the written notice of election by the Offeree pursuant to Paragraph 8.05, or the expiration of the notice period set by Paragraph 8.04; or (b) with respect to Buy-Sell Offers, the earlier of the receipt by the Offeror of the written notice of election by the Offeree pursuant to Paragraph 8.08, or the expiration of the notice period set by Paragraph 8.07; or (c) with respect to the election of the Non-Defaulting Party to purchase the Defaulting Party's Joint Venture Interest, receipt of the written notice of election to purchase pursuant to Paragraph 10.02(a). 16 9.02 Agreements with Transferees If, pursuant to the provisions of Article VIII, any Party transfers its Joint Venture Interest to any person or entity other than the other Party, no such transfer shall be made or shall be effective or entitle the transferee therein to any benefits or rights hereunder until such transferee agrees in writing to assume and be bound by all the obligations of the transferring Party under the terms of this Agreement. 9.03 Closing Adjustments Upon closing, any closing adjustments which are then usual and customary in the Province of Ontario shall be made between the purchasing Party and the selling Party as at the date of closing. The price to be paid shall also be adjusted as of the date of closing for Capital Contributions made by the selling Party, or distributions made to the selling Party, subsequent to the establishment of the purchase price. The Joint Venture Interest shall be transferred free and clear of any liens, encumbrances or any other interest of any third Party and any and all documents required to fully transfer such interest to the purchasing Party shall be delivered on closing. Any monetary default by the selling Party to the Joint Venture must be cured at closing out of the proceeds from such sale and any interest and principal owing on any outstanding Contribution Loans must similarly be paid in full at closing. 9.04 Restraining Order In the event that any Party shall at any time transfer or attempt to transfer the Party's Joint Venture Interest in violation of the provisions of this Agreement, then the other Party shall, in addition to all rights and remedies at law and in equity, be entitled to a decree or order restraining and enjoining such transfer and the offending Party shall not plead in defense thereto that there would be an adequate remedy at law; it being hereby expressly acknowledged and agreed that damages at law will be an inadequate remedy for a breach or threatened breach or violation of the provisions concerning transfer set forth in this Agreement. 9.05 Limitations of Transfer No Party shall transfer all or any part of the Party's Joint Venture Interest to any Party, whether or not such transfer would otherwise be permitted herein, if such transfer would result: (a) in the Joint Venture or any of its assets becoming subject to any restrictions or regulations or controls or approval process by reason of the nationality or residence of the transferee; (b) in any term of a mortgage, agreement or document entered into by the Joint Venture being breached or accelerated; or (c) in increased income taxes being payable by the other Party. 17 ARTICLE X DEFAULT AND DISSOLUTION 10.01 Events of Default The occurrence of any of the following events shall constitute an Event of Default on the part of the Party with respect to whom such event occurs if within seven (7) days following notice of such default from the other Party the Defaulting Party fails to commence reasonable efforts to cure such default and thereafter fails within a reasonable time to pursue to completion with diligence and continuity the curing of such default, or, if the default is due solely to the non-payment of monies, fails to pay such monies; provided, however, that the occurrence of any of the events described in Paragraphs 10.01(a) and 10.01(c) to 10.01(j) below shall constitute an Event of Default immediately upon such occurrence without any requirement of notice or passage of time except as specifically set forth in any such Paragraph: (a) violation by a Party of any of the restrictions set forth in Article VIII of this Agreement with respect to the right of a Party to transfer or otherwise deal with the Party's Joint Venture Interest; (b) the failure of a Party's transferee to assume in writing and agree to be bound by all of the transferring Party's obligations, as provided in Paragraph 9.02; (c) institution by a Party of proceedings of any nature under any laws, whether now existing or subsequently enacted or amended, for the relief of debtors wherein such Party is seeking relief as a debtor; (d) a general assignment by a Party for the benefit of creditors; (e) the institution by a Party of an action or other proceeding under any section of the Bankruptcy and Insolvency Act of Canada, as amended or replaced; (f) the institution against a Party of any action or other proceeding under the Bankruptcy and Insolvency Act of Canada, as amended or replaced,which proceeding is not dismissed, stayed or discharged within a period of sixty (60) days after the filing thereof, or if stayed, such stay is thereafter lifted without a contemporaneous discharge or dismissal of such proceedings; (g) a proposed plan of arrangement or other action by a Party's creditors taken as a result of a general meeting of the creditors of such Party; (h) the appointment of a receiver to take possession of the assets of a Party, which receivership remains undischarged for a period of thirty (30) days from the date of its imposition; (i) admission by a Party in writing of its inability to pay it debts as they mature; (j) attachment, execution or other judicial seizure of all or any substantial part of a Party's assets or of a Party's Percentage Interest in the Joint Venture, or any part thereof, such attachment, execution or seizure remaining undismissed or undischarged for a period of fifteen (15) days after the levy thereof; 18 (k) default in performance of or failure to comply with any other agreement, obligation or undertaking of a Party herein contained; and (1) any other matter specifically deemed an Event of Default hereunder. 10.02 Election of Non-Defaulting Party Upon the occurrence of an Event of Default the Non-Defaulting Party may elect to purchase the Defaulting Party's Joint Venture Interest as provided in Paragraph 10.02(a), or may elect to dissolve and terminate the Joint Venture pursuant to Paragraph 10.02(d). (a) Purchase of Party's Interest Upon the occurrence of an Event of Default the Non-Defaulting Party shall have the right to acquire the Joint Venture Interest of the Defaulting Party at a price determined in accordance with the appraisal procedure set forth in Article XI, subject to adjustment as set forth in Paragraph 9.03. In furtherance of such right, the Non-Defaulting Party may notify the Defaulting Party at any time following an Event of Default of its election to institute the appraisal procedure set forth in Article Xl. Within thirty (30) days of receipt of notice of determination of the net fair market value of the Defaulting Party's Joint Venture Interest, the Non- Defaulting Party may notify the Defaulting Party of its election to purchase the Joint Venture Interest of the Defaulting Party. (b) Terms of Purchase The Non-Defaulting Party who elects to purchase the Joint Venture Interest of the Defaulting Party shall have the right to purchase such Party's interest by payment of twenty percent (20%) of the purchase price (as determined by the appraisal procedure pursuant to Article XI) of such Joint Venture Interest at closing, and the balance of the purchase price, without interest, in equal monthly instalments over a period of five (5) years, with the right of prepayment of any amount at any time and from time to time without premium or bonus or penalty. (c) Closing The closing of the purchase shall take place as provided in Article IX; provided that upon closing the Non-Defaulting Party may elect to offset against the purchase price the amount of any loss, damage or injury caused to it by the default of the Defaulting Party, which has been established by a final non-appealable judgment. (d) Election to Dissolve Upon the occurrence of an Event of Default the Non-Defaulting Party may elect to dissolve and terminate the Joint Venture upon seven (7) days written notice to the Defaulting Party. 19 10.03 Dissolution The Joint Venture shall be dissolved only in the event that: (a) an Event of Default has occurred as provided in Paragraph 10.01 and the non-defaulting Party elects to dissolve the Joint Venture as Provided in Paragraph 10.02 hereof; (b) the Parties mutually agree to terminate the Joint Venture; (c) the Parties cease to hold any interest(which term shall include, but not be limited to, a security interest) in the Project; (d) either of the Parties elect to dissolve or terminate the Joint Venture pursuant to any provision of this Agreement permitting such election to be made; or (e) the Joint Venture by its own terms as set forth in this Agreement is terminated. 10.04 Procedure on Dissolution and Liquidation (a) Winding Up Upon dissolution of the Joint Venture, the Joint Venture shall immediately commence to wind-up its affairs and the Parties shall proceed with reasonable promptness to liquidate the business of the Joint Venture. (b) Management Rights During Winding Up During the period of the winding up of the affairs of the Joint Venture, the rights and obligations of the Parties set forth herein with respect to the management of the Joint Venture shall continue; provided that if the termination of the Joint Venture results from an Event of Default,the Defaulting Party shall have no further right to participate in the management or affairs of the Joint Venture, but shall nonetheless be bound by all decisions made by the Non-Defaulting Party that may arise out of the management by the Non-Defaulting Party of the Joint Venture so long as such Non-Defaulting Party acts in good faith. (c) Work in Progress If the Joint Venture is dissolved for any reason while there is work in progress in the development or construction or ongoing operation and maintenance of the Project, winding up of the affairs and termination of the business of the Joint Venture may include completion of the work in progress, as the Non-Defaulting Party may determine to be necessary to bring the Project to a state of completion convenient to permit a sale or sales of the Joint Venture's interest in the Project. 20 (d) Allocation of Profits and Losses (I) Profits and losses of the Joint Venture following the date of dissolution shall be determined in accordance with the provisions of this Agreement and shall be credited or charged to the capital accounts of each Party in the same manner as profits and losses of the Joint Venture would have been credited or charged if there were no termination, dissolution and liquidation. (ii) For tax purposes, any taxable gain or any loss upon the sale, transfer, or other disposition of Joint Venture assets following the date of dissolution shall be allocated to the Parties in accordance with the allocation of profits and losses set forth in Subparagraph 10.04(d)(i). (e) Distribution in Liquidation If a Party shall have a negative balance in the Party's Capital Account, such Party shall immediately, and prior to any distributions made pursuant to this Paragraph 10.04(e), pay to the Joint Venture in cash an amount equal to the negative balance in said Party's Capital Account. The assets of the Joint Venture shall be applied or distributed in liquidation in the following order of priority: (i) in payment of debts and obligations of the Joint Venture owed to third Parties, which shall include any Party as the holder of any secured loan; (ii) in payment of debts and obligations of the Joint Venture to any Party; (iii) to the Parties in payment of any positive balance remaining in the Capital Accounts. (f) Non-Cash Assets Every reasonable effort shall be made to dispose of the assets of the Joint Venture in order that the distribution may be made to the Parties in cash. If at the time of the termination of the Joint Venture, the Joint Venture owns any assets in the form of work in progress, notes, deed of trust or other non-cash assets, such assets, if any, may be distributed in kind to the Parties, in lieu of cash, proportionately to their right to receive the assets of the Joint Venture on an equitable basis reflecting the net fair market value of the assets so distributed, which net fair market value shall be determined by appraisal in accordance with Article Xl. (g) Disposition of Documents and Records All documents and records of the Joint Venture including, without limitation, all financial records, vouchers, cancelled cheques and bank statements, shall be delivered to one of the Parties as agreed, assuming the Parties are in existence, upon termination of the Joint Venture. Unless otherwise approved by both of the 21 Parties, such documents and records shall be retained for a period of not less than ten (10) years in a location not more than twenty (20) miles from the head office of the Joint Venture at the date of its termination, and such documents and records shall be made available during normal business hours to the Parties for inspection and copying at the cost and expense of the Party making such copies. ARTICLE XI APPRAISAL 11.01 Appraisal Procedure Where any matter is to be determined under this Agreement by appraisal, either Party may by written notice to the other appoint an appraiser. The other Party may by written notice given to the first Party within ten (10) days following appointment of the first appraiser appoint a second appraiser. If no second appraiser is appointed with the ten (10) day period, the first appraiser shall be the sole appraiser. Within five (5) days following appointment of the second appraiser the first appraiser and second appraiser shall by written notice to the Parties appoint a third appraiser, failing which either Party may on not less than five (5) days' written notice to the other Party apply to a judge of the Ontario Court (General Division) for appointment of a third appraiser. 11.02 Appraiser Each appraiser shall be a disinterested person of recognized competence who is a member in good standing of the Appraisal Institute of Canada and has been a member for a period of not less than five (5) years. Each appraiser shall proceed with the appraisers appraisal independently of the other appraisers. 11.03 Access to Records Each appraiser shall have access to all books of account, records, vouchers, cheques, papers and documents of each of the Parties which may relate to the Property and the Joint Venture. Each Party shall co-operate with each appraiser for the purpose and provide to all appraisers all information and documents requested by any one of them. In the determination of an appraisal, each appraiser shall have regard to all relevant considerations including historic and potential performance and shall make all proper and necessary allowances for contingent or other liabilities, but shall make no allowance for goodwill. Each appraiser shall have the right to retain the experts the appraiser deems necessary to assist in the appraisal. Where the subject of any appraisal is the value of a Party's interest in the Property, each appraiser shall first determine the fair market value of the whole Property. 11.04 New Appraiser In case of failure, refusal or inability of any appraiser to act, a new appraiser shall be 22 appointed in the same manner as provided for the appointment of the appraiser so failing, refusing or unable to act. Within forty-five (45) days after the appointment of the third appraiser, each appraiser shall give written notice to the Parties, signed by the appraiser, of the amount of the fair market value of the Property. Any appraisal, the amount of which differs by more than five percent (5%) from the amount of that appraisal which is neither the highest nor lowest in amount, shall be disregarded and the average of the amounts of the remaining appraisals, or the amount of the remaining appraisal, if two of the appraisals are to be disregarded, shall be deemed the appraised value. The fair market value of the Party's Joint Venture Interest shall be equal to the fair market value of the Joint Venture as determined, multiplied by the proportion that the Party's Percentage Interest is of the entire Joint Venture. 11.05 Conclusion The fair market value determined in the foregoing manner shall be conclusive on the Parties and judgment in that regard may be entered in any court having jurisdiction. The costs and expenses of the appraisals, including the fees of the appraiser or appraisers, shall be borne by the Party in respect of whom an event of bankruptcy or of default has occurred. ARTICLEJ(II FRUSTRATION OF PURPOSES 12.01 Frustration In the event that the Joint Venture is prevented, after all reasonable efforts, from carrying out the purposes of the Joint Venture, the Parties shall attempt to restructure the Joint Venture, redefine the purposes of the Joint Venture and/or agree to the dissolution of the Joint Venture; and either the acquisition of one Party's Joint Venture Interest by the other, or the sale of the Property on joint account, each of which decisions shall be attempted to be arrived at in accordance with the original principles of the Joint Venture enunciated in Article III above. 12.02 Participation Both Parties agree to participate in the decision-making process provided for by this Agreement and to participate diligently and in good faith in the Joint Venture in accordance with the principles enunciated in Article III above. A failure to participate in the decision-making process or to attempt diligently and in good faith to further the purposes of the Joint Venture in accordance with the said principles, shall be an Event of Default under this Agreement. ARTICLE X111 MEDIATION 13.01 Mediation In the event that a dispute arises between the Parties, or if the Parties should be unable 23 to arrive at an agreement on any matter requiring decision, and if such dispute cannot be resolved, or such a decision made, the Parties agree to attempt to resolve the dispute or to make the decision in accordance with the following procedures: (a) The Parties agree that in the event that any dispute, disagreement on interpretation of this Agreement, or any matter on which agreement cannot be reached, arises, that the Parties will attempt in good faith to negotiate a resolution of such matter; (b) If the Parties are unable to resolve such matter, then the Parties agree to jointly appoint a mutually acceptable mediator within twenty (20) days. If they are unable to agree upon a mediator they will seek assistance from the Arbitration and Mediation Institute of Ontario; (c) The Parties agree to participate in at least four (4) hours of mediation (unless the mediation is terminated earlier by the mediator) during which time the mediator will attempt to facilitate a resolution of the dispute which is acceptable to both Parties. The mediator will not have the power to render a decision nor to force an agreement on the Parties but the Parties shall make all reasonable efforts to resolve their dispute, or to make the required decision, by amicable negotiations and hereby agree to provide, without prejudice, frank, candid and timely disclosure of all relevant facts, information and documents to facilitate these negotiations. ARTICLE XIV ARBITRATION 14.01 Requirement of Arbitration In the event the Parties are not able to reach a resolution of a matter in dispute, or make a required decision, during mediation, nor within ten (10) days following the termination of mediation, then the matters remaining in dispute shall be finally settled by arbitration in accordance with the provisions of the Arbitrations Act of Ontario, as amended or replaced. 14.02 Arbitration Tribunal The arbitration tribunal shall consist of one (1) arbitrator appointed by mutual agreement of the Parties or, if they are unable to agree within thirty (30) days, then either Party may apply to a judge of the Ontario Court (General Division) to appoint an arbitrator. The arbitrator shall be qualified by training as an arbitrator and shall have some knowledge or experience pertaining to the matters to be decided. The rules of evidence will not apply during the arbitration but the arbitrator may in the arbitrator's discretion give less weight to evidence which would not otherwise be admissible. The arbitrator's award is not subject to appeal. The arbitrator may deal with the question of costs of the arbitration and all related matters. 24 ARTICLE XV GENERAL PROVISIONS 15.01 Insurance The Parties agree to attempt to obtain and maintain one policy of insurance to provide liability coverage for the Parties, and if the Parties are unable to do so, each Party shall maintain a policy of insurance for liability coverage in an amount of not less than $2,000,000.00 per occurrence. The Parties further agree that the cost of any claims advanced against one or more of the Parties in any way relating to the Joint Venture and/or the Project and/or the Property shall be allocated to the Parties in accordance with the Percentage Interest of each Party. 15.02 Re-routing In the event that any of the Parties wishes to relocate that portion of the utility corridor and/or bicycle path and/or cross-country ski trail and/or recreation trail and/or related uses located within the Municipality of such Party, the Parties agree that such re-routing shall be permitted on such terms and conditions as determined by the Board and that such re- routing shall be completed at the sole cost of the Party requesting such re-routing. 15.03 Motorized Vehicles The Parties agree that at no time shall any motorized vehicles of any description be permitted on the Property, except with the authorization of the Board. 15.04 Notices Any demand, notice or other communication to be given in connection with this Agreement (hereinafter referred to as a "Notice") shall be given in writing and shall be given by personal delivery, by registered mail or by electronic means of communication addressed to the recipient as follows: To The Corporation of the Village of 21 Pitt Street Port Burwell Port Burwell, Ontario NOJ 1T0 Fax No: (519) 874-4948 Attention: Administrator/Clerk-Treasurer 25 To The Corporation of the Town of 200 Broadway Tillsonburg: 2nd Floor, Suite 204 Tillsonburg, Ontario N4G 5A7 Fax No: (519) 842-9431 Attention: Administrator-Clerk or to such other address, individual or electronic communication number as may be designated by notice given by either Party to the other. Any Notice given by personal delivery shall be conclusively deemed to have been given on the day of actual delivery thereof and, if given by registered mail, on the fourth (4th) business day following the deposit thereof in the mail and, if given by electronic communication, on the day of transmittal thereof if transmitted prior to 4:30 p.m. on such day and otherwise on the day next following the date of transmission, provided that if such day fails on a weekend or statutory holiday, then the Notice shall be deemed to have been given and received on the business day next following such day. If the Party giving any Notice knows or ought reasonably to know of any difficulties with the postal system which might affect the delivery of mail, any such Notice shall not be mailed but shall be given by personal delivery or by electronic communication. 15.05 Amendments and Waiver No modification of or amendment to this Agreement shall be valid or binding unless set forth in writing and duly executed by both of the Parties hereto and no waiver of any breach of any term or provision of this Agreement shall be effective or binding unless made in writing and signed by the Party purporting to give the same and, unless otherwise provided, shall be limited to the specific breach waived. 15.06 Planning Act Any provisions of this Agreement requiring compliance with the Planning Act of Ontario are subject to the condition that such provisions shall be effective to create an interest on land only if a consent under the Planning Act, if required, is obtained by and at the expense of the Party obtaining an interest in land. 15.07 Further Assurances Each Party hereto agrees to do all acts and things and to make, execute and deliver such written instruments, as shall from time to time be reasonably required to carry out the terms and provisions of this Agreement. 15.08 Burden and Benefit This Agreement shall enure to the benefit of and be binding upon the permitted successors and assigns of the Parties hereto. 26 15.09 Time of Essence Time shall be of the essence of this Agreement and of every part thereof. 15.10 Execution in Counterparts This Agreement may be executed in one or more counterparts, each of which when so executed shall be deemed to be an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF the Parties have executed this Agreement. THE CORPORATION OF THE VILLAGE ) OF PORT BURWELL ) Per: )1)---.1fillif T agsbitt, Reeve ) Per: i ' ✓�,.�— ) 'a id R. Fr- - dministrator/Clerk-Treasurer ) ) THE CORPORATION OF THE TOWN ) OF TILLSONBURG ) ) ) Per. ) rcKnight, Mayor ) Per 1 lleek‘VPIONw,wi � ) David Morris, dministrator-Clerk ) THE CORPORATION OF THE VILLAGE OF PORT BURW.ELL PO Box 10 21 Pitt Street Port Burwell, Ontario BY-LAW 97-12 Being a by-law to authorize the long term borrowing of an amount of money not to exceed $251,113.89 towards the cost of certain capital projects. WHEREAS Section 187 of the Municipal Act R.S.O. 1990, Chap. M.45 provides that Council of a local municipality may by by-law provide for the borrowing of long term debt. AND WHEREAS the Corporation of the Village of Port Burwell deems it necessary to borrow funds to permit the completion of various capital projects as outlined in Schedule"A". THEREFORE the Corporation of the Village of Port Burwell enacts as follows: 1. The Reeve and Administrator/Clerk-Treasurer are hereby authorized on behalf of the Municipality to borrow by way of temporary advances from time to time Canadian Imperial Bank of Commerce ("CIBC") a sum or sums the aggregate amount not to exceed $251,113.89 and is to meet expenditures made in connection with the projects outlined in Schedule "A" attached hereto as part of this by-law, and to give on behalf of the Municipality to CIBC a promissory note or notes sealed with the corporate seal and signed by the Reeve and the Administrator/Clerk-Treasurer for the money borrowed plus interest at such rate and for such term as may be agreed upon from time to time with CIBC. 2. All sums borrowed under this by-law, as well as all other sums borrowed this year and in previous years from CIBC for any or all of the purposes mentioned in the Ontario Municipal Act, plus interest, shall be a charge upon the whole of the revenues of the Municipality for the current year and all preceding years as and when such revenues are received. 3. The Treasurer is hereby authorized and directed to apply in payment of all sums borrowed pursuant to this by-law, plus interest, all of the moneys hereafter collected or received either on account or realized in respect of taxes levied for the current year and preceding years or from any other source which may lawfully be applied for such purpose. 1 4. The Treasurer is hereby authorized and directed to furnish to CIBC a certified copy of the Order. Read a first and second time this 8th day of July, 1997. "Z' / /4 7 4 .//. . Tont esbitt Reeve 4 Y/ •avi; . Free Ad /inistrator/Clerk-Treasurer. Read a third ti and fi P 11 y passed his 8th day of July, 1997. , / / /4 To i es•itt Ree 0,- P avid, 'Free Ad., .'strator/Clerk-Treasurer 2 Village of Port Burwell By-Law 97-12 Schedule "A" 'fatal .Funding Sources Project Costa L.I.L. Grant Curr Rev. Donation Reserve L.T.D. Drainage 100,000 7,508 92,492 Master Plan 0 3,135 Roads equipment 0 0 Roads Building 0 0 Road Signs 3,135 3,135 (0) Sidewalks 0 0 Street Lights 3,305 3,305 Sheet Piling 0 0 Baseball Diamond 2,987 2,987 Market Square 1,000 1,000 Fire equipment 0 0 0 Fire Hall 50,000 50,000 Pagers&Radios 0 0 Truck&Accessories 10,695 10,695 SCBA 0 0 Water&Sewer System 20,000 20,000 West Side Stairs 7,500 7,500 Otter Valley Trail 40,000 40,000 Unfinanced Capital 20,000 20,000 Total 258,622 0 7,508 3,135 0 0 251,114 Cap15yr.xIs CAPITA97 7/2197 2:34 PM The Corporation of The Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell, Ontario BY-LAW 97-13 Being a by-law to set water and sewer user rates in the Village of Port Burwell. WHEREAS by Section 218 of the Municipal Act R.S.O. 1990, M.45 as amended provides that the Council of a local Municipality may by by-law provide for imposing upon owners or occupants of land who use sewage works a sewage service rate, and; WHEREAS by Section 218 of the Municipal Act R.S.O. .990, M.45 as amended provides for imposing rates, regulating, metering, measuring and collection frequencies and methods for water and sewer rates. THEREFORE the Corporation of the Village of Port Burwell hereby enacts: 1.0 ADMINISTRATION OF BY-LAW 1.1 This bylawshall be interpreted and administered by the Administrator/Clerk- Treasurer only until such time as changes to the bylaw are passed for clarification. 1.2 Compliance to the bylaw is required commensurate with the generally accepted practices by the majority of utility suppliers in Ontario. 1.3 Customers have the right to appeal specific charges within this bylaw. An appeal will only be considered if it is in writing and provides the details of the issues concerned and only upon payment of principle and penalties outstanding. If, upon review of the matter, council decides in favour of the appellant, reimbursement shall be issued within 30 days of the passing of the resolution of council. 2.0 DEFINITIONS 2.01 "Due Date" means the last day on which a bill is payable without a late-payment charge. 2.02 "Public Utility" means water or sewer services supplied to the public. 1 2.03 "Supplier" means a municipal or other corporation supplying a public utility. 2.04 "Apartment" or a "subsidiary residential premise", including a premise described in clause 1 (e) of the Landlord and Tenant Act; or a room or other subsidiary unit that is rented for residential purposes, including one that is rented to a member of the owner's family or to an employee of the owner. 2.05 "Trailer Park" or "Trailer Camp" means land in or upon which any vehicle, so constructed that it is suitable for being attached to a motor vehicle for the purpose of being drawn or propelled by the motor vehicle, is placed, located, kept or maintained, even if the vehicle is jacked-up or its running gear is removed, but not including any vehicle unless it is used for the living, sleeping or eating accommodation of persons therein. 2.06 "Campground" means a commercial establishment renting areas daily for extended periods of time used for setting up a camp or holding a camp meeting. 2.07 "Mobile Home" means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more per sons, but does not include a travel trailer or tent trailer or trailer otherwise designed; 2.08 "Single Family Residence" means a dwelling unit or a structure or part of a structure, that is designed for occupation as the residence of one or more persons, including dependants or domestic employees of a member of the family, whether or not rent is paid for the occupation of any part of such residence, and whether or not the land on which the residence is situated is zoned for residential use, and "single family residence" includes any such residence that is to be constructed as part of the arrangement relating to a conveyance of land. 2.09 "Administrator/Clerk-Treasurer" means the individual holding the position of Administrator/Clerk-Treasurer of the Village of Port Burwell or a designate thereof as appointed by Council. 2.10 "Council" means the elected Council of the Corporation of the Village of Port Burwell. 2.11 "Meter" means a device as supplied and owned by the municipality/public utility designed to measure and record the amount or volume, as of the flow of water consumed by the resident or user of the public utility. 2 2.12 "Remote Readout" means a device as supplied and owned by the municipality/public utility located in a conspicuous location which is directly connected to the meter for the purpose of registering the quantity of water as recorded by the metre consumed by the by the users of the public utility. 2.13 "OPSD's" means the Ontario Provincial Standard Drawings as published by the Municipal Engineers Association and as amended. 2.14 "OPSS's" means the Ontario Provincial Standard Specifications as published by the Municipal Engineers Association and as amended. 3.0 SERVICE CONNECTIONS 3.10 Water Connections 3.11 All users of Port Burwell Municipal Water System will have their water supply metered unless exempting provisions are dictated within this bylaw. 3.12 The water meter, remote readout and meter connections are owned by the Corporation of the Village of Port Burwell. 3.13 The water meter is to be sealed by the Corporation and the seal is to remain unbroken. 3.14 The readout is to be placed in a location as directed or prescribed by the municipality with the owner supplying sufficient access and space with unobstructed visibility for reading with the naked eye. The municipality shall have full authority for the readout's location in order to ensure safety of employees, convenience and access for reading. 3.15 The utility user or occupant may, with written consent of the Village only, enclose the water meter in a manner to the satisfaction of the Village of Port Burwell. 3.16 The water meter is not to be altered, defaced, or changed in any manner. 3.17 The water meter is to be installed with a valve between the meter and the exterior curb stop in accordance to the Ontario Provincial Standard Drawings and Specifications. 3.18 There are to be no T's or supply splits between the stop cock and the water meter. 3 3.19 Any and all dwelling units, apartments, businesses establishments, campgrounds, and mobile home parks will receive one or more water consumption bills in accordance with Section 4.0 and Schedule "A" of this bylaw. 3.20 Sewers Connections 3.21 No residences or businesses shall connect eavestroughs, sump pumps or divert rain water into the sanitary sewer system. All property owners will be responsible to remove any storm water connection from the sanitary sewer system at their own cost. 3.22 Any existing connection which is not domestic sanitary sewage discharge will be required to be disconnected at the expense of the property owner. 3.23 Any and all dwelling units, apartments, businesses establishments, campgrounds, and mobile home parks will receive a sewer bill at the rate per dwelling unit as described within Schedule "A" of this by-law. 3.24 Utility connections to the municipal sewer and water system shall comply with the Ontario Provincial Standard Specifications (OPSS's) and Ontario Provincial Standard Drawings (OPSD's). Other standards will be implemented as the Village deems necessary. 3.25 The Village in accordance with its policies and practices shall have the right to determine the location and configuration of the water meter and water meter readout in accordance to policies and practices. 4.0 RATE S 4.01 All work, emergency or otherwise, performed on private property to the direct benefit of one customer and/or property owner shall be charged at the current rate and is to be due upon rendering of account. This charge is to be lien on the property and is to be collected as an addition to the water/sewer bill. 4.02 Any and all users who are outside the Village Boundaries shall pay a rate of 1.5 times the in-Village user rate in accordance to Schedule A and all other terms and Schedules, as they may apply, as described within this bylaw. 4.03 New connections to the Port Burwell water system shall pay the direct costs including installation and inspections on the municipal roads allowance for the connection plus a$200.00 administration fee. 4 4.04 New connections to the Port Burwell sewer system shall pay the direct costs including installation and inspections on the municipal roads allowance for the connection plus a$200.00 administration fee. 4.05 Any person who contravenes this by-law is subject to a fine of up to$5,000.00 upon summary conviction under the Provincial Offenses Act. 4.10 Water Rates 4.11 All metered users shall pay a rate as described in Schedule "A" for the first ten cubic meters of water metered each month, and an additional rate per cubic meter used in excess of the first 10 cubic meters metered per month. 4.12 Metered water users shall receive a minimum bill as described in Schedule "A" for cubic meters per month regardless of quantity used. 4.13 Single family residences and/or businesses shall pay a minimum water rate equivalent to 55 cubic meters for each unit per month if metered readings are unavailable or tampered. 4.14 A charge of $50.00 shall be charged in case of water turn off for non payment of account. 4.15 No person may use water from a fire hydrant, with the exception of the fire department. 4.16 An application fee of$25.00 will be levied for registering new water service with the municipality. 4.17 It shall be an offence for anyone to alter or tamper with any part of the water system belonging to the Village, including all valves, hydrants, or other appurtenances of the Village's water system. The Village will prosecute anyone who commits an offense as set out above. 4.18 Other charges may be assessed considering water losses with regard water line breaks inside the residence or business. 4.19 Other charges may be assessed considering the relocation of services on private property causing direct cost to the municipality. 5 4.20 Sewer Rates 4.21 All water users shall pay a sewage rate which is based on the cubic meters of water used. That rate shall be calculated as set our in Schedule A attached hereto. 4.22 Water users who are metered and those who are not metered shall pay a minimum sewage rate as set out in Schedule "A", 5.0 SECURITY DEPOSITS Security deposits shall be in accordance to the policies of the Council of the Village of Port Burwell. 6.0 BILLING & PAYMENTS 6.1 Water meters shall be read on or about the dates as follows; February 28 April 30 June 29 August 30 October 31 December 30 6.2 Billings shall be rendered every two months of the calendar year in accordance policies and procedures to the terms and rates within this bylaw and payments for water and sewer services shall be due on each and every date as follows; 1st Instalment March 29 2nd Instalment May 30 3rd Instalment July 31 4th Instalment September 30 5th Instalment November 28 6th Instalment January 30 of the following year 6.3 All users who terminate service before the dates when all meters affected by this bylaw are to be read will be charged on a prorated basis considering their daily consumption pattern from the prior period billing to the date of the termination of the service. 6 7.0 COLLECTION PROCEDURES 7.01 Collection procedures shall be in accordance with By-Law 96-10 as amended. THIS by-law to come into effect upon its passing. THIS by-law does not replace the Public Utilities Act R.S.O. 1990 P.52 Read a first and second time this 22nd day of April, 1997. L Nesbitt Reeve %AO. • David R. Free Administrat• Clerk-Treasurer Read a thi me and ' y passed this 22nd day of April, 1997. r% / / Tg1n Nesbitt Reeve 4 ' `avi. '. Fre- Administra • Clerk-Treasurer 7 THE CORPORATION OF THE VILLAGE OF PORT BURWELL PO Box 10 21 Pitt Street Port Burwell, Ontario BY-LAW 97-14 Being a by-law to authorize the restructuring of long term borrowing WHEREAS Section 187 of the Municipal Act R.S.O. 1990, Chap. M.45 provides that Council of a local municipality may by by-law provide for the borrowing of long term debt. AND WHEREAS the Corporation of the Village of Port Burwell deems it necessary to restructure long term borrowing as outlined in Schedule"A". THEREFORE the Corporation of the Village of Port Burwell enacts as follows: 1. The Reeve and Administrator/Clerk-Treasurer are hereby authorized on behalf of the Municipality to borrow from Canadian Imperial Bank of Commerce ("CIBC") sums in connection with the projects outlined in Schedule "A" attached hereto as part of this by-law, and to give on behalf of the Municipality to CIBC a promissory note or notes sealed with the corporate seal and signed by the Reeve and the Administrator/Clerk-Treasurer for the money borrowed plus interest at such rate and for a nine year term as may be agreed upon. with CIBC. 2. All sums borrowed under this by-law, as well as all other sums borrowed this year and in previous years from CIBC for any or all,of the purposes mentioned in the Ontario Municipal Act, plus interest, shall be a charge upon the whole of the revenues of the Municipality for the current year and all preceding years as and when such revenues are received. 3. The Treasurer is hereby authorized and directed to apply in payment of all sums borrowed pursuant to this by-law, plus interest, all of the moneys hereafter collected or received either on account or realized in respect of taxes levied for the current year and preceding years or from any other source which may lawfully be applied for such purpose. 4. The Treasurer is hereby authorized and directed to furnish to CIBC a certified copy of the Order. 1 Read a first and second time this 13th day of May, 1997. / — .4t/ L—i! Afi#r QI To • e:s itt R eve ) David R. Fre Administr, or/Clerk-Treasurer Read a third time and finally passed this 13th day of May, 1997. 1 To Nesbitt Reeve David R. Free Administrator/Clerk-Treasurer 2 Schedule "A" Bylaw 97-14 1995 1996 1996 Refinanced Year End. Principal Year End Debt Balance Borrowed. Balance Equipment 35,012.48 15,377.51 41,315.92 $41,315.92 Construction 82,412.74 36,012.59 101,637.67 $101,637.67 Sidewalks 13,334.00 28,285.55 38,926.34 $38,926.34 Survey of Land 8,792.10 7,016.27 $7,016.27 Street Lights 14,785.79 11,356.93 $11,356.93 Sheet piling 17,500.00 7,734.00 21,699.34 $21,699.34 Market Square 0.00 33,000.00 23,000.00 $23,000.00 Watermain Crossing 21,954.40 14,895.45 $14,895.45 Water Line Ext. 1,962.93 8,300.35 9,866.81 $9,866.81 Fire hydrants 6,886.84 5,495.83 $5,495.83 Land (unfinanced) 38,841.92 38,975.03 66,537.29 $66,537.29 Municipal office 41,959.42 32,988.01 $32,988.01 322,051.19 183,640.64 418,855.83 $374,735.86 The Corporation of the Village of Port Bin-well Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-law 97-15 Being a by-law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a license agreement to operate a marina. WHEREAS the Municipal Act R.S.O. 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c.23, s. 54. AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to enter into a licence agreement to operate a marina. The Council of the Village of Port Burwell hereby directs the Reeve and the Administrator/Clerk- Treasurer to enter into the licence agreement as attached Schedule "A" Read a first d second time this 27th day of May, 1997. Reeve Administrate lerk-Treasurer Read a third ime and finally passed this 27th day of May, 1997. -1 1111101'' �..Vii • Reeve //C., Administrator/ erk-Treasurer Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario M0J 1T0 Public Tender License to Operate Municipal Marina The Council of the Village of Port Burwell hereby tenders for the license to operate a Marina located on lands as described as Registered Plan 11R - 990, Part Lots 7, 8 and 9 in the Village of Port Burwell, formerly in the Township of Bayhaxn and as illustrated on SK 1 forming part of this tender. All contractors must conform to the terms of the tender and will be required to sign a formal agreement. A certified cheque in the amount of$1,000.00 made payable to the Village of Port Burwell as a bid deposit is required and shall be held in trust by the municipality and returned to the unsuccessful bidders upon the awarding of the tender. Tender forms may be picked up at the Municipal offices and must be returned to the same no later than May 27, 1997, at 4:00 pm local time. All tenders shall be opened at the May 27, 1997 Council Meeting. A review of all tenders shall be completed no later than May 27, 1997 and a contract shall be offered to the successful bidder on May 28, 1997. General terms of the tender are as follows; 1. Docks under the ownership of the municipality shallform part of the tender. 2. Docks shall be installed and removed from the Big Otter Creek area at the expense of the marina contractor. 3. The marina operator shall hold and provide proof of insurance and coverage for workers compensation. 4. The marina contractor shall comply with all local byla ,rid applicable legislation. p 10 5. A license Fee in the amount of$ tie ndedd"amount all be payable to municipality in three installments 25% on June 1, 1997, 25%July 1, 1997 and 50%August 1, 1997. 1 6. A deposit in the amount of$1,000.00 shall be held in trust by the municipality until the inspection of the site and docks for general clean up of the lands and compliance to the contract. Any or all deficiencies or additional work required to bring the site in good standing shall be paid for from the deposit. 7. The marina contractor shall provide and maintain adequate health facilities (portable toilets). 8. The marina contractor shall be provided an area,for parking and shall ensure that all vehicles park within the area specified. Additional information is contained within the tender documents, agreements and schedules thereof. Village of Port Burwell, PO Box 10 Port Burwell ON NOJ 1T0 Phone 519 874 4343 Fax 519 874 4948 David R. Free Administrator/Clerk-Treasurer 2 Schedule "A" Bylaw 97-15 THIS LICENCE AGREEMENT made this 27th day of May . A.D., 1997 BETWEEN: CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality" or the "Village") OF THE FIRST PART and "Bradcranex Inc." (hereinafter called the "Licensee") OF THE SECOND PART IN CONSIDERATION of the mutual covenants contained in this Licence agreement the parties agree as follows: 1.01 Terms Defined In this Agreement: "Licensed Premises" means the lands described in SK 1, excluding the area described as the black doer, forming part of this agreement and all buildings, boat slips, boat ramp, and all other improvements on those lands. 2.01 Licence The Village, in consideration of the licence fee and the covenants hereinafter stipulated to be paid and performed by the Licensee, hereby licences the Licensee for the term herein, to use the licensed premises for he purposes set out in this licence agreement. 3.01 Term The Licensee shall have the right to use the licensed premises for and during the term which shall be for five months commencing June 1, 1997 to October 31, 1997. 1 4.0 Payment 4.01 The Licensee will pay a total license fee in the amount of$6,000.00 4.02 The Licensee shall pay the license fee as stipulated in 4.01 to the Municipality as follows; a) 25% of tendered amount - on June 1, 1997, and; b) 25% of tendered amount on July 1, 1997, and; c) 50% of tendered amount - on August 1, 1997 5.00 The Licensee Covenants with the Municipality as follows: 5.01 To use the Licensed Premises for the purpose of renting out boat slips and launching of boats along with the sale of gas, confections (does not include mobile food booths selling hotdogs, french fries and similar foodstuffs) only and other products associated with the use of the licensed premises. 5.02 To pay the license fee without demand. 5.03 To maintain in good repair the Village's docks and to return those docks to the Village at the end of the Term, in the same condition as they were received by the licensee. Place and remove the docks with a crane in order to ensure minimal damage. Should any dock(s) become damaged beyond repair, or lost, when in the possession and use of the licensee, howsoever caused, the licensee agrees to replace such dock(s) to the Village's satisfaction or to pay to the Village a sum of money as compensation, which sum shall be the replacement cost of the dock(s) as determined at the sole discretion of the Village. Upon the removal of the docks they be placed and in stored in a location and manner satisfactory to the municipality. 5.04 Workers' Compensation Insurance If the nature of the Licensee's operation is such as to place all or any of its employees under the coverage of workers' compensation or similar statutes, the Licensee also will keep in force, at its expense, during the term, workers' compensation or similar insurance affording statutory coverage and containing statutory limits. 2 5.05 Comprehensive General Liability Insurance To take out and keep in force throughout the Term comprehensive general liability insurance against claims for personal injury, death or property damage or loss arising out of all operations of the Licensee and sublicensees, concessionaires, licensees and other persons conducting business on or from. the Licensed Premises, indemnifying and protecting the Municipality and the Licensee to a limit of no less than$1,000,000.00 inclusive. 5.06 Insurance Policies Each insurance policy referred to herein will: a) name the Municipality and any persons, firms or corporations designated by the Municipality as additional named insureds as their interest may appear; b) contain, if available and as appropriate, a waiver of rights of subrogation against the Municipality and the Licensee, or a cross- liability clause protecting the Municipality and other insureds designated by it against claims as if the Municipality were separately insured; and, c) contain a clause that the insurer will not cancel or change or refuse to renew the insurance without first giving the Municipality thirty (30) days prior written notice. d) All policies of insurance will be with insurers acceptable to the Municipality and in form satisfactory to the Municipality, and the Licensee will see that there is delivered to the Municipality copies of certificates of the policies. If the Licensee fails to take out or keep in force any policy of insurance referred to herein, the Municipality may do so and pay the premiums, and in that event the amount so paid as premiums plus ten percent (10 %) for overhead shall be due and payable as Rent in arrears. e) All policies will be kept in force throughout the term and during such other time as the Licensee occupies the Licensed Premises or any part thereof. 3 5.07 Indemnification of the Municipality To indemnify the Municipality and save it haimless from and against any and all claims, actions, damages, liability and expenses in connection with loss of life, personal injury or damage to property arising from any occurrence on the licensed Premises or the occupancy or use of the Licensed Premises or occasioned wholly or in part by an act or omission of the Licensee, its officers, employees, agents, customers, contractors or other invitees, licensees or concessionaires or by anyone permitted by the Licensee to be on the premises. In case the Municipality, without actual (as opposed to merely vicarious) fault on its part, is made a party to litigation begun by or against the Licensee, excepting a bona fide action by the Licensee against the Municipality, the Licensee will protect and hold the Municipality harmless and will pay all costs, expenses and reasonable legal fees incurred or paid by the Municipality in connection with the litigation. 5.08 Nuisance and Garbage - Not to cause, permit or suffer any unusual or objectionable noises or odors to emanate from the Licensed Premises. The Licensee shall deposit all garbage, debris, trash and refuse from the areas in approved containers as designated by the municipality. Garbage, debris, trash and refuse disposal shall be the responsibility of the licensee. If garbage, debris, trash and refuse is not disposed of in a timely fashion, it shall be picked up by the municipal authorities at the expense of the licensee, at a rate of$100.00 per occurrence. 5.09 Costs - To pay to the Village all costs incurred including all legal fees (on a solicitor and his own client basis) and disbursements incurred in enforcing any covenants contained in this Licence or in the event that the Licensee fails to perform its obligations and the Village assumes those obligations pursuant to the terms of this agreement, or with respect to any other litigation arising from this agreement. 5.10 Compliance with Legislation- To observe and fulfil the lawful provisions and requirements of all statutes, by-laws, rules and regulations, municipal, provincial or federal, relating to the Licensed Premises, and, in particular and, without limiting the generality of the foregoing, shall maintain all equipment and apparatus now installed or required to be installed from time to time by any authority on the Licensed Premises. 4 5.11 The Licensee agrees that he/she shall be responsible for operating and managing the licensed premises including providing health facilities as required, electricity, repairs to existing ramps and docks as required, keep the area clean and clear of garbage including disposal thereof. 5.12 The licensee sh-1, deposit with the Village upon the execution of this agreement, the sum of $1,000.00 or a performance bond in a form acceptable to the Village, which will be held by the Village as a security for the return or replacement of the docks at the end of the term as is required in clause 5.03 of this agreement. Monies deposited as security with the Village shall be retained in trust and shall be returned to the licensee following the end of the term, without interest, upon being satisfied that the licensee is in compliance with clause 5.03. 6.00 The Municipality covenants with the Licensee as follows: 6.01 a) To permit the licensee to use the docks owned by the municipality, for the purpose of renting out docking spaces to boat users; b) To permit the licensee to charge and collect fees for boat docking and boat launching, as the licensee shall determine in its discretion; c) To permit the licensee the reasonable use of adjacent lands, as shown on schedule 'A' for daily parking only, of vehicles and trailers while using the license facilities; d) To permit the license to manage and operate the licensed premises as he/she sees fit, so long as the licensee is in compliance with the terms of this agreement and all applicable laws. 6.02 The reasonable use of surrounding land for daily parking only of vehicles and trailers while using the municipal facilities. 7.00 The Municipality and Licensee mutually agrees as follows: 5 7.01 Re-entry That the Municipality has a right of re-entry on non-payment of rent or non-performance of covenants, subject to the provisions of this Licence. 7.02 Failure to Pay Licensee Fee or Observe Covenants If the Licensee fails to pay any instalment of the licence fee or additional licence fees payable herein then the licence granted shall be terminated and the rights hereby granted to the licensee hereunder shall thereupon immediately cease and expire. 7.03 Right of Entry to Perform Covenants That if the Licensee shall default in the performance of any covenant in this Licence (except the covenant to pay rent), and if such default shall continue for ten (10) days after written notice thereof to the Licensee, the Municipality may perform that covenant on the Licensee's behalf and may enter the Licensed Premises for that purpose, and the Municipality shall not be liable to the Licensee for any loss or damage to the Licensee's property or business caused by so doing. 7.04 Signs That the Licensee shall have the right to place, a sign or signs setting out the name and business of the Licensee, provided that it shall first have obtained the Municipality's consent in writing, such consent not to be unreasonably withheld, as to the specifications and location therefore, and provided the sign or signs conform to all municipal regulations and by-laws. 7.05 No Waiver That the waiver by the Municipality or the Licensee of a breach of a term, covenant or condition of this Licence will not be considered to be a waiver of a subsequent breach of the term, covenant or condition or of another term, covenant or condition. The subsequent acceptance of rent by the Municipality will not be considered to be a waiver of a preceding breach by the Licensee of a term, covenant or 6 condition of this Licence, and regardless of the Municipality's knowledge of the preceding breach, it will not be considered to have been waived by the Municipality or by the Licensee unless the waiver is in writing signed by the Municipality or by the Licensee, as the case maybe. 7.06 Assignment The Licensee may not sublet or assign or transfer its interest in this Licence without securing the written consent of the Municipality, which consent may not be unreasonably and arbitrarily refused by the Municipality. 7.07 Notice That all notices which it may be necessary or proper for either party to serve upon the other shall be effectively served if sent postage prepaid to the following addresses: Licensee's Address: Bradcranex Inc. PO Box #59 Port Burwell ON NOJ 1TO Municipality's Address: Village of Port Burwell Post Office Box #I0 Port Burwell ON NOJ ITO All notices so mailed shall be deemed to have been received on the third business day after mailing provided that each party may from time to time specify in writing a new address to which any such notice shall thereafter and until further notice be sent. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. 7 CORPORATION OF THE VILLAGE OP PORT BURWELL au1Ti Date C5 la Reeve Admini rator/Clerk.-Treasurer / fiadcranex Inc. 8 i. 7.2c1 , , i '''lk LI i 1 � , . r ........ . ..,„ ,, ,. ., MNR 'Ix ' A. B CK Do► • filpr BRAY LA.y;._H AREA ' MfL -JL ‘ (ir:) i,ip f-- CPIATLo ,, IDNiiii :! DR BaA �•IlimB ,,► !RRA . . t t �� ' I' _ ,:I ,.,_,......... fi 8\_�i ��Li__ __ 1. v � .JL 1‘ i x . , 1 - _. 1 ,, „i fi .) \,, I'-31, 1 V/ j4 �~I ' - 1 M 11-74 8. a ; '‘. al .11>A -11.,..._. — T VILL4rG[ OF PORT BURWELL / POBdxIO Pau8URWELL ON NOJ ITO it /le—\ LA C CRO .f _ \.9 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 97-17 Being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into an agreement with Promow Lawn Services for Landscape maintenance services for municipal lands. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c.23, s. 54. AND-WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to enter into an agreement with Promow Lawn Services. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into the licence agreement as attached Schedule "A", "B" and "C" Read a first and second time this 27th day of May, 1997. , ,. ; i -cam,e..,_ Reeve r i(cln strator/Clerk-Treasurer ead a third time and finally passed this 27th day of May, 1997. Reeve jf Ar 44 dr; A.7d, st ator/Clerk-Treasurer 1 Schedule "A" Bylaw 97-17 THIS AGREEMENT made this 27th day of May, A.D., 1997 BETWEEN: CORPORATION OF THE VILLAGE OF PORT BURWELL (hereinafter called the "Municipality" or the "Village") OF THE FIRST PART and Promow Lawn Services (hereinafter called the "Contractor") OF THE SECOND PART IN CONSIDERATION of the mutual covenants contained in this Agreement the parties agree as follows: 1.01 Terms Defined In this Agreement: "Premises" means the lands described in Schedule "C", area described as the municipal lands and all other improvements on those lands. 2.01 Agreement The Village, in consideration of the contract price identified herein and the covenants hereinafter stipulated to be paid and performed by the Contractor, hereby contracts with the contractor for the term herein, to provide landscape maintenance services for the purposes set out in this agreement. 3.01 Term The Contractor shall have the right to use the municipal lands for and during the term which shall be for six months commencing May 1, 1997 to October 31, 1997 1 4.0 Payment 4.01 The Municipality will pay the amount of; 1997 $19,800 plus GST in 6 equal installments 1998 $21,000 plus GST in 6 equal installments 1999 $21,000 plus GST in 6 equal installments 4.02 The Contractor shall make improvements to the lands stipulated in Schedule "B". follows; 5.00 The Contractor Covenants with the Municipality as follows: 5.01 To use perform landscape maintenance on municipal lands as described in Schedule "B" forming part of this agreement. 5.02 Workers' Compensation Insurance If the nature of the Licensee's operation is such as to place all or any of its employees under the coverage of workers' compensation or similar statutes, the Licensee also will keep in force, at its expense, during the term, workers' compensation or similar insurance affording statutory coverage and containing statutory limits. 5.03 Comprehensive General Liability Insurance To take out and keep in force throughout the Term comprehensive general liability insurance against claims for personal injury, death or property damage or loss arising out of all operations of the Licensee and sublicensees, concessionaires, licensees and other persons conducting business on or from the Licensed Premises, indemnifying and protecting the Municipality and the Licensee to a limit of no less than$1,000,000.00 inclusive. 5.04 Insurance Policies Each insurance policy referred to herein will: a) name the Municipality and any persons, firms or corporations designated by the Municipality as additional named insured as their interest may appear; 2 b) contain, if available and as appropriate, a waiver of rights of subrogation against the Municipality and the Contractor, or a cross- liability clause protecting the Municipality and other insured designated by it against claims as if the Municipality were separately insured; and, c) contain a clause that the insurer will not cancel or change or refuse to renew the insurance without first giving the Municipality thirty (30) days prior written notice. d) All policies of insurance will be with insurers acceptable to the Municipality and in form satisfactory to the Municipality, and the Contractor will see that there is delivered to the Municipality copies of certificates of the policies. If the Contractor fails to take out or keep in force any policy of insurance referred to herein, the Municipality may do so and pay the premiums, and in that event the amount so paid as premiums plus ten percent (10 %) for overhead shall be withheld from the total annual contract price. e) All policies will be kept in force throughout the term and during such other time as the Licensee occupies the Licensed Premises or any part thereof. 5.07 Indemnification of the Municipality To indemnify the Municipality and save it harmless from and against any and all claims, actions, damages, liability and expenses in connection with loss of life, personal injury or damage to property arising from any occurrence on the municipal lands or the occupancy or use of the municipal lands or occasioned wholly or in part by an act or omission of the Contractor, its officers, employees, agents, customers, contractors or other invitees, licensees or concessionaires or by anyone permitted by the Contractor to be on the premises. In case the Municipality, without actual (as opposed to merely vicarious) fault on its part, is made a party to litigation begun by or against the Contractor, excepting a bona fide action by the Contractor against the Municipality, the Contractor will protect and hold the Municipality harmless and will pay all costs, expenses and reasonable legal fees incurred or paid by the Municipality in connection with the litigation. 3 5.08 Nuisance and Garbage - Not to cause, permit or suffer any unusual or objectionable noises or odors to emanate from the Municipal Lands. The Contractor shall deposit all garbage, debris, trash and refuse from the areas in approved containers as designated by the municipality. Garbage, debris, trash and refuse disposal shall be the responsibility of the licensee. If garbage, debris, trash and refuse is not disposed of in a timely fashion, it shall be picked up by the municipal authorities at the expense of the contractor, at a rate of$100.00 per occurrence. 5.09 Costs - To pay to the Village all costs incurred including all legal fees (on a solicitor and his own client basis) and disbursements incurred in enforcing any covenants contained in this agreement or in the event that the Contractor fails to perform its obligations and the Village assumes those obligations pursuant to the terms of this agreement, or with respect to any other litigation arising from this agreement. 5.10 Compliance with Legislation - To observe and fulfil the lawful provisions and requirements of all statutes, by-laws, rules and regulations, municipal, provincial or federal, relating to the municipal property, and, in particular and, without limiting the generality of the foregoing, shall maintain all equipment and apparatus now installed or required to be installed from time to time by any authority on the municipal property. 6.00 The Municipality covenants with the Contractor as follows: 6.01 To permit the contractor to access municipal property, for the purpose of landscape maintenance to the municipal property as indicated in Schedule"C" attached hereto. 7.00 Right of Entry to Perform Covenants That if the Contractor shall default in the performance of any covenant in this agreement (except the covenant to pay rent), and if such default shall continue for ten (10) days after written notice thereof to the Contractor, the Municipality may perform that covenant on the Contractor's behalf and may enter the municipal lands for that purpose, and the Municipality shall not be liable to the Licensee for any loss or damage to the Licensee's property or business caused by so doing. 4 7.01 Signs That the Contractor shall have the right to place, a sign or signs setting out the name and business of the Contractor, provided that it shall first have obtained the Municipality's consent in writing, such consent not to be unreasonably withheld, as to the specifications and location therefore, and provided the sign or signs conform to all municipal regulations and by-laws. 7.05 No Waiver That the waiver by the Municipality or the Contractor of a breach of a term, covenant or condition of this agreement will not be considered to be a waiver of a subsequent breach of the term, covenant or condition or of another term, covenant or condition. The subsequent acceptance of rent by the Municipality will not be considered to be a waiver of a preceding breach by the Contractor of a term, covenant or condition of this agreement, and regardless of the Municipality's knowledge of the preceding breach, it will not be considered to have been waived by the Municipality or by the Contractor unless the waiver is in writing signed by ':ie Municipality or by the Contractor, as the case may be. 7.06 Assignment The Contractor may not sublet or assign or transfer its interest in this Agreement without securing the written consent of the Municipality, which consent may not be unreasonably and arbitrarily refused by the Municipality. 7.07 Notice That all notices which it may be necessary or proper for either party to serve upon the other shall be effectively served if sent postage prepaid to the following addresses: 5 Contractor's Address: Promow Lawn Services RR #2 Tillsonburg ON N4G 4G7 Municipality's Address: Village of Port Burwell Post Office Box #10 Port Burwell ON NOJ 1TO All notices so mailed shall be deemed to have been received on the third business day after mailing provided that each party may from time to time specify in writing a new address to which any such notice shall thereafter and until further notice be sent. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals. CORPORATION OF THE VILLAGE OF PORT BURWELL Date /41 r L'eeve ...0;trator/Cleriz-Treasurer ("7 x - Promow Lawn Services 6 ,Schedule "B" Bylaw 97-17 LANDSCAPE MAINTENANCE SCOPE OF WORK 1. GENERAL - LANDSCAPE SERVICE 1.1 Except as otherwise expressly provided the contractor shall furnish all necessary labour, materials and equipment to perform the work specified in this contract. 1.2 The contractor shall be solely responsible for loss or damage of his equipment and for any material delivered to him from whatever source. 1.3 The contractor shall be responsible for all damages caused during the execution of the work and shall impose as lime inconvenience as possible on the residents during the performance of this contract. 1.4 All work performed by the contractor shall be executed to the satisfaction of the municipality. 1.5 Failure to provide and maintain a standard of service and workmanship acceptable to the Manager will, at his/her discretion, result in an alternate contractor being hired to do the work with the cost of same deducted from payment to the original contractor. Repeated failure to meet our standards of service and workmanship will result in termination of the contract. 2.1 TERM OF CONTRACT This contract shall be in force for a period of six (6) months, commencing May 1 and ending October 31, in the year in which it has been awarded, 1997, 1998 and 1999 inclusive. 2.2 PAYMENT Invoices shalll be submitted on a monthly basis starting one month from the commencement of work. Each invoice shall be for 1/6 of the total contract amount for Landscape Maintenance. 3. DESCRIPTION OF WORK 3.1 Lawns and Grassed Areas 3.11 Thoroughly rake all grassed areas to remove debris and dead grass early in May 3.12 All debris shall be picked up prior to mowing operations. Mowing of all turfed areas shall be performed on a regular basis to ensure grass does not exceed 4" in height. The grass is not to be cut to a height of less than 2". 3.13 Excessive grass clippings shall be raked and disposed of by the contractor immediately after each mowing operation. 3.14 Municipal grassed areas along public roadways abutting the projects are included in this contract. 3.15 Trimming of grass adjacent to curbs, sidewalks, fences, trees, flower beds, benches, buildings, light standards, hydrants, etc. shall be done immediately after each mowing. 3.16 Leaves shall be raked and disposed of regularly once they begin to fall from the trees in autumn. The grounds must be free of fallen leaves by October 31 or the Contractor will be required to return to complete this work after the termination date of the contract. 3.17 Edging of hedges and sidewalks shall be completed on a monthly basis so that these areas have a neat and well maintained appearance. 3.18 Aerate turf using equipment which removes plugs of soil in June. 3.19 Fertilizer shall be applied on all grassed areas in the spring and fall during in two (2) passes of opposite directions, using 1/2 the recommended rate of application to ensure even coverage. The contractor shall notify the Administrator/Clerk-Treasurer at least 24 hours prior to commencement of the fertilizing operation. 3.20 Weed repellant for broad leaf weeds, crab grass, shall be applied on all grassed areas in the spring and fall during in two (2) passes of opposite directions, using 1/2 the recommended rate of application to ensure even coverage. The contractor shall notify the Administrator/Clerk-Treasurer at least 24 hours prior to commencement of the fertilizing operation 3.2 Hard Surface Areas 3.21 All hard surface areas, which includes parking lots and sidewalks, must be swept clean each time the Contractor is performing work on site. 3.3 Plants and Planting Beds • 3.31 Prepare flower beds and plant annual flowers as directed by the Corporation. Plants and materials will be supplied by the municipality. 3.4 Pruning and Fertilizing Trees 3.41 Pruning for trees up to 16 feet in height - Pruning shall consist of the removal of excess sucker growth, dead wood and interfering growth, the thinning of branches where necessary, clearing growth from buildings and the shaping of trees. All pruned branches of a diameter greater than 1 inch and all, exposed wood or scars resulting from previous work damage shall be painted with approved tree wound paint. Trees or branches which are weak shall be cabled or braced in accordance with approved tree bracing methods. Workmen shall not be permitted to climb live trees with climbing spurs, but they shall employ accepted tree climbing methods. Timber, brush and all other debris resulting from this work shall be entirely removed form the project and disposed of by the contractor at his own expense on the same day trees are pruned. 3.42 Trimming, and removal of dead growth, of all hedges and shrubs shall be performed during June (evergreens), in June, July and September (deciduous) and vines are to be trimmed as required to present a neat appearance. Village of Port Burwell Grass Cutting Analysis Background. In 1993 the administration embarked on a program of community cleanup which required additional human resources to assist the public works staff. These additional resources were fully comprised of summer students. During the same year a program of acquiring technology to improve the efficiency and effectiveness of the public works staff. Parallel to these two previously said efforts, another program reconfiguring the topography of the municipality was started. This program was to reduce the work load, adapt to recently purchased or to be purchased grounds maintenance technologies and increase safety for the staff. Purchased technologies; New grass cutting equipment (Kubota, Snapper, Weed Eaters, Edger, etc) Rough Cutting mower Beach Rake Compressor Topography Changes; Reduce slope on hills parallel to Robinson St Improve Memorial Park slope and grounds Clean up Big Otter Creek Flood way Market Square Park Over the past 2 years hiring students has been difficult for several reasons. These are as follows; a. The provincial park hires several students most of them local at a rate 50% to 100% more than the municipality has offered in the past. b. The provincial park work load or level of intensity for physical work is significantly less than the municipality (ie tour guide compared to grass cutter) c. Port Burwell is 24 km from many larger urban centres where a pool of summer students may be available however, most of these students are without a consistent mode of transportation. d. The municipality is continually unsure of its finances and is unable to determine expeditiously if students can be hired for the forthcoming year. Recently the authority via various municipal policies to hire summer students is also in question. Analysis The cost of our summer program over the past 3 years is summarized as follows; Previous spending analysis 1994 1995 1996 Student salaries 15,793 18,391 12,587 Repairs F3 maintenance 2,907 1,794 5,715 Capital purchases 15.457 1,094 4,435 Total yearly costs 34,157 21,279 22,737 *These costs include only direct repairs and maintenance. General costs for gas, oil, minor repairs and other miscellaneous associated costs are not included (not readily available). Hours devoted to supervising approximately 200 hours (or$3,600) summer staff Alternative The Port Burwell provincial park has several areas within its land base to maintain as well and they have for the past 4 years contracted its grounds maintenance operations. The current trend is to contract as many services as can be possible to provide the private sector the opportunity for increased economic growth. Previously government has hired the human necessary to complete a specific task. Based upon the trends and investigations towards efficiency in operations including reduction in occupational health and safety concerns a proposal was sought to provide grounds maintenance services for 1997. The proposal is from Promow and is attached to this report. As a summary the a one year proposal provides as follows; Proposal received from Promow Lawn Services $21,527 (net of gst rebate) Compare to 1996 annual. costs (not including capital) 518.302 S 3,225 Benefit i. Capital - no further capital purchases required for grass cutting or trimming. - capital equipment on hand could be sold Kubota, old $ 1,000 Kubota, new $10,000 Finishing mower $ 2,000 Weed eaters 8 500 Total recoverable $13,500 ii. Supervision - hours spent supervising students could be spent on direct labour for other projects that students have previously performed or on new projects. Reduction in hours is also a consideration. iii. Other issues include; a. Annual training effort and cost for students and the risk of injury b. Often our claims for damage from the public have been as the result of students work efforts (approximately$3,000 in 1994) c. Work reports and Payroll is always a concern administratively and with less office staff and an anticipated maternity leave within 1 week this is a significant concern for office work load. d. There have been several changes in the topography that less students should be required however, poor planning always permits work to mount and creates criticism by the public and for our property standards efforts. e. Students have been publically criticized in the past for their work habits and sometimes their driving habits. f. Most students come from other communities and staff and council are criticized for this phenomena regardless of facts. Recommendation The municipality willhave to go through the process of attempting to hire summer students again this year and as always the success compared to our effort is always a gamble. As usual considering the wide array of tasks which are expected significant training is required which is lost time both in supervision and direct labour. Further to this matter, Council is concerned for the future attention that the municipality will receive in future years under a new municipal structure By engaging a contract for these work by a private contractor, there will be at least 3 years of continual effort on municipal property. This contract may precipitate a continuance of the contract and effort during a period when there will be significant challenges to the services which Port Burwell will be receiving. The recommendations are as follows; 1. Engage the Promow with an option to renew for 2 years by the end of the contract. The contractor can start on Wednesday/Thursday to address the grounds maintenance backlog which mounts each year at this time. 2. Monitor over the next month the public activities to consider asset rationalization in order to reduce the long term debt of the municipality or use money on other projects as council may so wish. 3. Minimal assistance may be required for heavy work at which time alternatives may be sought locally or internally. Summary This report is designed to reduce effort and cost for the municipality. With less staff and operating monies it is imperative to seek as many cost effective alternatives as there are available. This proposal will provide savings in several intrinsic ways which have not been specifically addressed within this report. This proposal will also provide the basis for community maintenance for future years during a period when the rural priorities may prevail over the urban priorities. II W V n I I I ' I I— r T a az i i MAW °--- I wag V/� a 0-„ ,� _ 111'x . II 1 x111 . 4.1 _____7_.;,.,,i, �'!Er MY rt. . .i_; I a 1: „:”: MAM111111111■ ,.. ... , 1. .. worp- ! rat ., 4' . - r ??‘ i ii / ILEUM-11A� 111111111' 11111111E+ rt. li 11111111. #� '" T, , 1111111111. E I EMYxiw n �i II1IIk / 1 1 7AIM [ / H 1 l f 11111H1ft * PEWEE IM It SE ` ff _ , 1111111111 1111 1.11111 11111 111111 .�IA.. - � A11111 TI HU (// MADAMec � - u,nm• / .11/ I f r / Axa.UNE I Village of Port Burwell Post Office Box#10 21 Pitt Street Port Burwell, Ontario NOJ 1TO BY-LAW 97-18 Being a by-law authorizing the Corporation of the Village of Port Burwell to enter into an. Option Agreement to Grant Easement and Right-of-way to Pembina Exploration Limited across lands being in the Village of Port Burwell, County of Elgin, and being parts of various lots and Blocks and part of Erieus Street, according to Registered Pan No. 12 and part of the original bed of Lake Erie, lying in front of Lot 11 and Lot 12, in the First Concession, more particularly described in Schedule"A" attached hereto. WHEREAS the Municipal.Act RSO 1990 c. M.45 Section 102, as amended by 1992 c.32, 1993 c.27, 1994 c.7, 1994 c.23, 1994 c.25, 1996 c.4, 1996 c.32 and 1997 c.5, provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. and; WHEREAS the Corporation of the Village of Port Burwell deems it necessary to enter into an Option Agreement to grant an easement and right-of-way for pipeline(s) and related equipment and apparatus to Pembina Exploration Limited, and; WHEREAS the subject lands are described in Schedule "A" attached hereto. BE IT THEREFORE ENACTED by the Council of the Corporation of the Village of Port Burwell as follows: 1. That an Option Agreement to grant easement and right-of-way for pipeline(s) and related equipment and apparatus between the Corporation of the Village of Port Burwell and Pembina Exploration Limited, for lands described in Schedule"A" attached hereto, is hereby approved in the form attached hereto as Schedule "B"; 2. That the Reeve and the Acting Clerk are hereby authorized to sign and execute the said 1 agreement in the form attached as Schedule "lir; 3. This By-Law shall come into full force upon enactment. Read a first and second time this 25th day of November, 1997. Reeve Acting Clem Read a third and 'nal time this 25th da of November, 1997. A Re- . (..3(‹e.14,0tAid Acting Clerk 2 Schedule "A" By-Law 97-18 ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the Village of Port Burwell, in the County of Elgin, and.Province of Ontario, being composed of: That part of Lot 1, Lot 2, Lot 3, Lot 4, Lot 5 and the un_uumbered Block, all West of Strachan Street, part of Lot 1, Lot 2, Lot 3, Lot 4, Lot 5 and the unnumbered Block, all East of Erieus Street, part of Lot 2 and Lot 3, West of Erieus Street, part of Erieus Street, according-to Registered Plan NO. 12, and part of the original bed of Lake Erie lying in front of Lot 11 and Lot 13, in the First Concession, formerly of the Township of Bayham, now designated as Part 1 on a Reference Plan deposited in the Registry Office for the Registry Division of the County of Elgin, as Plan 11R- 5137. 3 , i nor Province EL-010A >;v�ICS Document General D Ontario Form 4 • Land Registration Reform Act, 1984 rN.- (1) (1) Registry 0 Land Tnles ❑ {2) Page 1 d pages (:1) Property Block Property Identifiers) Additional: See 0 Schedule (4) Nature of Document Option Agreement to Grant Easement and Right-of-Way (5) Consideration One Thousand xx/100 Dollars$ 1,000.00 w (6) Description n t'i - The Village of Port Burwell, in the County of 0ff Elgin various Lots according to Registered Plan No. 1x1 and part of- the original bed of Lake Erie, 2 lying in front of Lot 11 and Lot 12, in the First Concession, more particularly described in Schedule "A" attached hereto. New Property Identifiers Additional_ See El Schedule Executions (7) This (a) Redescription (b)Schedule for: Additional: Document New Easement Additional See Contains: Plan/Sketch Schedule 0 1 [] Description 0 Parties ❑ Other (B) This Document provides as follows: Continued on Schedule El (9) This Document relates to Instrument numbers) (10) Pert(Ies)(Set out Status or Interest) Name(s) Signature(s) Date of Signature Y M 0 The Corporation of the Village of Port Burwell �� 14 ; c�. 11l� telct.. Int .. 1-1 IA go GRANTOR (1t) VTI.Service Box 10, 21 Pitt Street, Port Burwell, Ontario NOJ 1TO (12) Part(les)(Set out Status or Interest) Names) Signature(s) Date of Signature L.LY M 0 1 . RRM n .Explq 'atiop Limited q7...: 7/...,,�:1 Burden,Manager,Land Negotiations ' Ca:z ' it 21 r X� GRANTEE rohuk,Manager,LandAdminiatration dnd Contrpcts , (13) Address 707 -- 8th Avenue S.W. , P.O. Box 1948, Calgary, Alberta N2c2M7 (14) Municipal Address of Property (15) Document Prepared by: .ii Fees and Tax Registration Fee Various Elexco Ltd, 6 555 Southdale Rd. E. tu London, Ontario N6E 1A2 ''s File No. 070195-5 li --- �� Total OPTION AGREEMENT TO GRANT EASEMENT AND RIGHT-OF-WAY THIS AGREEMENT made this .1/ day of Ntr .�u, 19 !'7. BETWEEN THE CORPORATION OF THE VILLAGE OF PORT BURWELL, a corporation incorporated pursuant to the laws of the Province of Ontario (hereinafter called the "Grantor") OF THE FIRST PART - and- PEMBINA EXPLORATION LIMITED,a body corporate,with its Head Office at the City of Calgary, in the Province of Alberta, incorporated under the laws of the Province of Alberta (hereinafter called the"Grantee") OF THE SECOND PART WHEREAS the Grantor is the registered owner pursuant to a Crown grant registered on October 13, 1995, as Instrument No. 364410, subject to any registered or unregistered encumbrances,liens and interests, in all that tract of land situate, lying and being in the Village of Port Burwell, in the County of Elgin, in the Province of Ontario being more particularly described in Schedule"A"attached hereto(hereinafter referred to as the"Grantor's Lands"). In consideration of the sum of One Thousand Dollars($1,000.00)paid to the Grantor by the Grantee,the receipt of which the Grantor hereby acknowledges, the Grantor hereby gives to the Grantee an option irrevocable for a period of two(2)years from the date hereof for acceptance to purchase, in consideration of the covenants and conditions hereinafter provided to be kept and performed by the Grantee,the right, liberty, privilege and easement to use that portion of the Grantor's Lands, being a right-of-way and/or easement in perpetuity in, on, over,under, and/or through a strip of land Thirty(30.0)feet in width being hereinafter called the "Easement Lands", subject to registered and unregistered encumbrances, Iiens and interests, for the laying down, construction, operation, maintenance, inspection, alteration, removal, replacement, reconstruction,and/or repair of one or more pipelines,together with all the works necessary for its undertaking, including but without limiting the generality of the foregoing, all such stations, structures, communication systems, drips,valves,fittings,meters and other equipment and appurtenances as may be necessary or convenient in connection therewith for the carriage, conveyance, transportation, storage and/or handling of petroleum and natural gas and all related products, gases, and liquids,whether hydrocarbons or not,together with the right of ingress and egress to and from the Grantor's Lands for its employees,servants,agents,vehicles,supplies and equipment for all purposes necessary or incidental to the exercise and enjoyment of the rights and privileges herein granted as and from the date the option is exercised, and for so long thereafter as the Grantee desires to exercise the rights and privileges herein granted,for the sum of Two Thousand Dollars($2,000.00)per acre (hereinafter referred to as the"Easement Price")based upon the acreage determined when the preliminary drawings have been completed for the Easement Lands,and payable upon approval of the preliminary drawings by the Grantor,with an immediate adjustment of the said Easement Price if there is any difference in acreage between the preliminary drawings and the as constructed drawings for the Easement lands. THE PARTIES HERETO MUTUALLY COVENANT AND AGREE EACH WITH THE OTHER THAT THE OPTION SHALL BE EXERCISED AS FOLLOWS: 1. The option shall be open for acceptance up to but not after the second anniversary date of the date hereof and maybe accepted by a written notice delivered to the Grantor or mailed by prepaid post and registered. 2. Forthwith upon the exercise of the option herein,the Grantee,its employees,servants and agents shall be entitled to exercise and enjoy all rights and privileges as herein granted effective with the date the notice of the acceptance of the option is received by the Grantor. The Grantee shall peaceably hold and enjoy the rights, liberties, privileges and easement hereby granted without hinderance, molestation or interruption on the part of the Grantor or of any person,firm or corporation claiming by,through,under or in trust for the Grantor. 3. The Grantor shall have the right to use and enjoy the Easement Lands except that such use and enjoyment shall not interfere with the rights of the Grantee hereunder. Without limiting the generality of the foregoing,the Grantor shall not without the prior written consent of the Grantee,place or erect, or cause to be placed or erected,on the Easement Lands any building,structure or fence and shall not excavate,alter the grading,drill, install thereon any pit,well,foundation and/or pavement which will obstruct or prevent the exercise and enjoyment by the Grantee of its rights hereunder. 4. The location of the Easement Lands shall be selected by the Grantee,provided that such location shall not interfere unreasonably with the use by the Grantor of the remainder of the Grantor's Lands. 5. The Grantee shall indemnify and hold harmless the Grantor against all actions,causes of action,suits, other proceedings, liabilities,obligations,damages,claims,demands,judgements,awards,costs and expenses(including but not limited to legal fees on a solicitor and the solicitor's own client basis)by any person or persons whomsoever in respect of any loss,injury,damage or obligation to compensate arising directly or indirectly in whole or in part out of or connected with the work carried on by the Grantee on the Grantor's Lands or in respect of any breach of any of the terms and conditions of this Agreement. The Grantee shall pay the Grantor for all damages to the Grantor's Lands attributable directly or indirectly in whole or in part to any operations conducted pursuant to this Agreement. As soon as reasonably possible after any construction operations,the Grantee shall remove all surplus soil and debris from the Grantor's Lands and restore the surface thereof to the same condition so far as may be reasonably practicable,as existed before the entry thereon and use thereof by the Grantee. A restoration plan shall be prepared by the Grantee for review and approval by the Grantor and preliminary and as constructed drawings shall be filed by the Grantee with the Grantor. All such plans and drawings shall be prepared at the expense of the Grantee. 6. The Grantee may install additional pipeline systems on the Easement Lands or conduct operations for maintenance purposes on any lands adjoining the Easement Lands owned by the Grantor,provided that such operations for maintenance purposes shall not interfere unreasonably with the use by the Grantor of the lands adjoining the Easement Lands, subsequent to the year of installation of any prior pipeline installation and the Grantee shall pay the Grantor for all damages to the Grantor's Lands attributable to any such operations. To facilitate installation of any pipeline system,the Grantee shall be provided with, if so required,a temporary work area, during the installation of the pipeline systems only, on the Grantor's Lands, adjacent to and parallel with the Easement Lands. 7. The Grantor shall, forthwith upon receiving notice of the acceptance of the option herein, at the request of the Grantee,execute and deliver a grant or transfer of easement and right-of-way in favour of the Grantee, together with such other and further documents of title in respect of the Grantor's Lands as may be reasonably required by the Grantee in order to allow this Agreement to remain in full force and effect. 8. The Grantee shall pay the Easement Price of the said transfer of easement and right-of-way to the Grantor within seven(7)banking days after approval of the preliminary drawings for the Easement Lands by the Grantor, with an immediate adjustment of the said Easement Price if there is any difference in acreage between the preliminary drawings and the as constructed drawings, provided that the consideration paid to the Grantor pursuant to this Agreement shall not be applied as part payment of the said Easement Price. The Grantee shall,at its expense,obtain and deposit on title a Reference Plan for the Easement Lands,such Plan to be approved by the Grantor's surveyor prior to its finalization and deposit on title. 9. Notwithstanding any rule of law or equity,any pipeline constructed by the Grantee hereunder together with all related works, appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment shall be deemed to be the property of the Grantee,even though the same may have become annexed or affixed to the Grantor's Lands. 10. The Grantee, shall have the right, on notice to the Grantor in accordance with paragraph 17, to abandon any pipeline, or any part thereof, including all related works, appurtenances, attachments, apparatus,appliances,markers,fixtures and equipment,during the term of this Agreement,and have the right to remove all or any part thereof, including all related works, appurtenances, attachments, apparatus, appliances, markers, fixtures and equipment which may be located in, on, over, under and/or through the Easement Lands. However,the Grantee shall not be obligated to remove all or any part of any such abandoned pipeline, including all related works, appurtenances, attachments, apparatus,appliances,markers, fixtures and equipment,unless notified to do so by the Grantor at the time of such abandonment and within thirty(30)days notice thereof to the Grantor.Notwithstanding the foregoing,any such abandonment and removal shall at all times comply with all prevailing Laws and Regulations of any governmental authority,whether municipal,provincial,or federal, and shall be at the Grantee's expense. 11. If the Grantor is not the sole owner of the Grantor's Lands,this Agreement shall bind the Grantor to the full extent of its interest therein,and shall also extend to any after-acquired interest,but all monies payable or paid to the Grantor hereunder shall be paid to the Grantor only in the proportion that its interest in the Grantor's lands bears to the entire interest thereon. 12. This Agreement may be executed,or may be joined in or ratified by any party or parties who have an interest, or who subsequently obtain an interest, in the Grantor's Lands and when thus executing a ratification thereof shall have the same effect as if said party or parties had joined in executing one and the same document. 13. This Agreement shall be conditional upon compliance with the provisions of The Planning Act. Grantor hereby appoints Grantee to execute such consents or authorizations as may be necessary for the Grantee to obtain any necessary consents from the local Land Division Committee and agrees to co-operate in any such applications for consent. All costs and expenses, including any legal fees of either the Grantor or the Grantee on a solicitor and the solicitor's own client basis, shall be the responsibility of the Grantee. 14. This Agreement shall be of the same force and effect as a covenant running with the Grantor's Lands and the rights hereunder shall be appurtenant to the lands of the Grantee which may be more particularly described in the grant or transfer of easement and right-of-way in favour of the Grantee. 15. Notwithstanding anything herein contained,the Grantee may at any time determine or release and abandon this Agreement,whereupon this Agreement and its terms and conditions shall terminate and the obligations of the Grantee, including the payment of the Easement Price, shall be extinguished. The Grantee shall not be entitled to a refund of any of the Easement Price theretofore paid. The Grantee's obligations pursuant to paragraphs 5 and 10 shall continue in full force and effect after any termination of this Agreement. The Grantee shall also remain liable for any monetary payments due to the Grantor up to and including the date of termination of this Agreement. 16. Any payment required to be made to the Grantor hereunder may be made by the Grantee sending a certified cheque by prepaid registered post to the Grantor at its address for service of notices as herein provided,being to The Corporation of the Village of Port Burwell at Box 10,21 Pitt St.,Port Burwell., Ontario NOJ 1 TO (or in such other place as the Grantor may designate from time to time). 17. All notices to be given hereunder may be given by letter delivered or mailed by prepaid registered post and addressed to the Grantor at Box 10,21 Pitt St.,Port Burwell,Ontario NOJ 1TO and to the Grantee at 707-8th Avenue S.W.,P.O.Box 1948,Calgary,Alberta T2P 2M7,or such other address as either party from time to time may appoint in writing,and every such notice so mailed shall be deemed to be given and received by the addressee forty-eight(48)hours after such mailing. 18. All legal, survey,plan and drawing costs incurred by the Grantee or legal costs and costs related to reviews of surveys,plans or drawings incurred by the Grantor,with respect to this Agreement shall be the responsibility of the Grantee. The Grantee agrees to pay such costs of the Grantor forthwith after being provided with a copy of an account or invoice by the Grantor. 19. This Agreement shall extend to, be binding upon and enure to the benefit of the.respective heirs, executors, administrators, successors and assigns of the parties hereto. IN WITNESS WHEREOF,the parties hereto have executed this Agreement. SIGNED, SEALED AND DELIVERED ) GRANTOR in the presence of ) TIlE CORPS ' •TION O/F THE VILLAGE OF PORT BURWELL ) ) EP- ) lay\ I0esbil} of 12fi4�i' Cfe4 ) We have the authority to bind the corporation. ) ) ) GRANTEE ) PEMBINA EXPLORATION LIMITED ) ) ) Le lie -.Burden,Manager,Land Negotiations ) ) ) ) Pau azarchuk,Manager,Land Administration and Contracts ) ) We have the authority to bind the corporation. Land Expl. 4 • I • Y • 070195-5 SCHEDULE "A" ALL AND SINGULAR that certain parcel or tract of land and premises, situate, lying and being in the Village of Port Burwell, in the County of Elgin, and Province of Ontario, being composed of: That part of Lot 1, Lot 2, Lot 3, Lot 4, Lot 5 and the unnumbered Block, all West of Stracham Street, part of Lot 1, Lot 2, Lot 3, Lot 4, Lot 5 and the unnumbered Block, all East of Erieus Street, part of Lot 2 and Lot 3, West of Erieus Street, part of Erieus Street, according to Registered Plan No. 12, and part of the original bed of Lake Erie lying in front of Lot 11 and Lot 12, in the First Concession, formerly of the Township of Bayham, now designated as Part 1 on a Reference Plan deposited in the Registry Office for the Registry Division of the County of Elgin, as Plan 11R-5137. DYE"D°"HAINC. °.s°° . . „ Amended Affidavit of Residence and of Value of the Consideration • 199115 1 Form 1 — Land Transfer Tax Act Refer toallInstructions on reverse side. The Village of Port Burwell, in the County of IN THEE MATTER OF THE CONVEYANCE OF-llnse�tbrlerdescrFnrronollandl��—,-- Elgin, various Lots according to• Registered Plan No. -12- and_ .ar r - . ► - r • . , Erie, lying in front of Lot 11 and Lot 12, in the First Concession. BY(print names of air transferors in fwq — _ THE CORPORATION OF THE VILLAGE OF PORT BURWELL TO (ape instruction 1 and print names of ail franslerees In furl) _ _—PEMBINAEXPLORATION_. I, (sae laslruetlon 2 end print names)rn full) . JOHN L. NORMAN MAKE OATH AND SAY THAT: 1. 1 am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)): (see instruction 2) ❑ (a) A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; ❑ (b)A trustee named in the above-described conveyance to whom the land is being conveyed; ❑ (c)A transferee named in the above-described conveyance: (insertp ❑X (d)The authorized agentU I r acting in this transaction PEMBIIVAEXe(s Oo.A�Il� LIMITED described in peragreph(s) OR, IE), (c) above; (strike out references to inapplicable paragraphs) EJ (el The President.Vice-President.Manager,Secretary,Director,or Treasurer authorized to act for (insert names)of corporationis)) described in paragraphs) (a), fbi, (c) above; (strike out references to inapplicable paragraphs) ❑ If) A transferee described in paragraph( I(insert only one of paragraph(a),(b)or(c)above,as applicable) and am making this affidavit on my own behalf and on behalf of (insert name of spouse) who is my spouse described in paragraph ( ) (Insert only one of paragraph(a),(b)or(c)above,as applicable) and as such,I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance exceeds$400,000). I have read and considered the definition of"single family residence"set out in clause 1(1)(ja)of the Act.The land conveyed in the above-described conveyance ❑ contains et least one and not more than two single family residences. Note: Clause 2(11(d) imposes en additional tax at the rate of one-half of one per 0 does not contain a single family residence. cent upon the value of consideration in excess of $400,000 where the convey- ante contains at least one and not more than two single family residences. ❑ contains more than two single family residences.(see instruction S) 3. I have read and considered the definitions of"non-resident corporation"and"non-resident person"set out respectively in clauses 1(1)(f)and ig)of the Act and each of the following persons to whom or in trust for whom the land isb�einng conveyed in the above-described conveyance is a"non-resident corporation" or a"non-resident person"as set out in the Act. (sea lnarrucllons 4 and 5) None 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: 1'000.00 (al Monies paid or to be paid in cash $ Nil fbi Mortgages (I) Assumed (show princlpal and interest to be credited against purchase price) S Nil (ill Given back to vendor $ Nil lc)Property transferred in exchange (detaibelow) $ _ AN Blanks Id)Securities transferred to the value of (detail below) $ Nil Must Be (e) Liens,legacies,annuities and maintenance charges to which transfer is subject $ Nil — Filled In. if) Other valuable consideration subject to land transfer tax (detail below) $ Insert'NN' (g) VALUE OF LAND, BUILDING, FIXTURES AND GOODWILL SUBJECT TO 1,000.00 1,000.00 Where LAND TRANSFER TAX (Total of(a)to WI $ (hi VALUE OF ALL CHATTELS - items of tangible personal property Applicable. (Retail Sales Tax is payable on the value of all chattels unless exempt under $ N i l the provisions of the'Retail Sales Tax Acf",A.S.O. 1980,c.454,as amended) • • • • ' ' T N11 (il Other consideration for transaction not included in (g)or(hi above . . • . . . . $ 1,000.00 (() TOTAL CONSIDERATION $ 5, ii consideration is nominal,describe relationship between tran naXtptpr n fa D1e state purpose of conveyance. (see instruction 8) 8. if the consideration is nominal,is the land subject to any encumbrance? Undetermined 7. Other remarks and explanations,if necessary. The attached Option Agreement to Grant Easement and Right—of—Way is rnnveyad i'n a pipeline company and_a - , - ur . r I ' s - r • • _ • r - + ' _ • t 695 R.R.O. , 1990, as amended. Sworn before meat the City of London in the County of Middlesex this day of 19 signature(s) A Commissioner for taking Affidavits.etc. Property Information Record I{ For Land Registry Office Use Only A. Describe nature of instrument: Option Agreement to Grant Easement and Right—of—Way (Registration No. B. (i) Address of property being conveyed(It available) Not Applicable Assessment Roll No. (II available) Not Applicable C. Mailing address(es) for future Notices of Assessment under the Assessment Act for property being _ conveyed(see instruction 7) Not Applicable Reglslreti°n Date land Registry°lllce No. D. (i) Registration number for last conveyance of property being conveyed(If available) Not Applicable iii) Legal description of property conveyed: Same as in D.(i)above. Yes❑ No L._l Not known E. Name(s) and addresses) of each transferee's solicitor Not Applicable School Tax Support (Voluntary Election) See reverse for explanation Wt Are all individual transferees Roman Catholic? Yes❑ No❑ fbi if Yes. do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes No❑ lc) Do all individual transferees have French Language Education Rights ? Yes No[] Intl it Yes,do all individual transferees wish to support the French Language School Board(where established)? yes❑ No❑ The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 97-19 Being a By-Law to adopt the current estimates and strike the levies and rates of taxation for the year 1997. WHEREAS the Council of the Corporation of the Village of Port Burwell in accordance with The Municipal Act, considered the estimates of the municipality and of the Boards thereof and by virtue of The Municipal Act, R.S.O. 1990, Chap. M.45, The Ontario Unconditional Grants Act, and The Education Act, R.S.O. 1990, Chap. E2 it is necessary that the following sums be raised by means of taxation for the year 1997. General Municipal Purposes $218,879.08 County Purposes $92,519.99 Public School Purposes $219,092.59 Separate School Purposes $14,305.96 Total $544,797.62 AND WHEREAS all real property and business assessment rolls made for the year 1997 on which taxes are to be levied have been returned, revised and duly certified by the Regional Registrar of The Assessment Review Court. AND WHEREAS the Residential and Farm.Assessment as defined in Section 9 of The Ontario Unconditional Grants Act, R.S.O. 1990, Chap. 0.38, and the Commercial Assessment as defined in Section 1 of the said Act have been determined on the basis of the aforementioned real property and business assessment rolls. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell hereby ENACTS AS FOLLOWS: There shall be levied and collected upon all rateable land, building and business assessment of the Corporation of the Village of Port Burwell the following rates of taxation per the 1 attached "Schedule A" of the taxes by-law. 2. Notwithstanding the provisions of Clause 1 of this by-law, any additional taxes payable as a result of additions to the roll pursuant to Section 33 of The Assessment Act, R.S.O. 1990, shall be the portion of the amount of taxes which would have been levied for the current year if the assessment had been made in the usual way, and that portion shall be in the ratio that the number of months remaining in the current year after the month in which the notice provided for therein , is delivered or sent, bears to the number twelve, and shall be entered in the Collector's Roll and collect, in the same manner as if the assessment had been made in the usual way and more particularly described as follows: a) If the property assessment has been added to the Collector's Roll after June 30, the property taxes shall, be due and payable in one instalment on the 25th day of the month following the entry of the assessment in the Collector's Roll. b) If the business assessment has been added to the Collector's Roll after June 30, the business taxes shall be due and payable in one instalment on the 25th day of the month following the day of entry of the assessment on the Collector's Roll. 3. The taxes shall be due and payable in two equal instalments as follows: August 22, 1997 October 24, 1997 4. The Collector is hereby authorized to mail, deliver and cause to be mailed or delivered, the notice of taxes due to the address of the residence or place of business of the person to whom such notice is required to be given. 5. Taxes shall be payable at par to the Corporation of the Village of Port Burwell Municipal Office or by mail to: The Corporation of the Village of Port Burwell Post Office Box #10, 21 Pitt Street Port Burwell, Ontario NOJ 1TO or at the Port Burwell Canadian. Imperial Bank of Commerce. 6. There shall be imposed as a penalty for non-payment of taxes or any class or instalment thereof on the due date as specified in Clause 2 of this by-law, as the case may be, a 2 percentage charge of one and one quarter percent (1.25% ) on the first clay next after the appropriate due date, which shall be the first day of default and an additional penalty of one and one quarter percent (1.25%) shall be added on the first day of each calender month thereafter in which default continues, but in no event shall any penalty be added under this clause after the year 1997. 7. The Clerk-Treasurer and Collector of taxes (and a Bank specified under Section 386 (8)), being one and the same, are hereby authorized to accept part payment from time to time on account of any taxes due and to give a receipt for such payment provided that acceptance of any such payment shall not affect the collection of any percentage charge imposed and collectable under Clause 6 hereof in respect of non-payment of any taxes or any class of taxes or of any instalment thereof. 8. In respect to the payment of taxes by tenants of lands owned by the Crown or in which the Crown has an interest, provision is hereby provided that where any such tenant has been employed either within or outside the municipality by the same employer for not less that thirty (30) days, such employer shall pay over to the Treasurer or Collector on demand out of any wages, salary or other remuneration due to such employee, the amount then payable for taxes under this by-law and any such payment shall relieve the employer from any liability to the employee for the amount so paid. 9. This by-law shall come into force and take effect on the date it receives final approval. Read a first econd. :m=1 is . day of June, 1997. eve Agl .Ler Administrat: /Clerk-Treasurer Read a th. . ime ,044 fi .assed this 24th day of June, 1997. 'am- "Pik wm- "Pgiv - -eve /�d-� Administra .r/Clerk-Treasurer 3 Village of Port Burwell Mill Rate Calculations Levy 1997 Schedule A By-Law 97-19 Res&Farm Mill Res&Farm Commercial Mill Comm&Ind Business Mill Business Total Assessment Rate Levy Assessment Rate Levy Assessment Rate Levy Levy Village 1,081,458 176.260 $190,617.79 100,827 207.366 $20,908.09 35,460 207.366 $7,353.20 $218,879.08 County 1,081,458 74.505 $80,574.03 100,827 87,653 $8,837.79 35,460 87.653 $3,108.18 $92,519.99 Public School Board Block levy 1,015,130 187.972 $190,816.02 94,855 221.144 $20,976.61 33,010 221.144 $7,299.96 $219,092.59 Separate School Board y Block levy 66,328 187.653 $12,446.65 5,972 220,768 $1,318.43 2,450 220.768 $540.88 $14,305.96 Grants-in-lieu 49,346 295.019 $14,558.01 $14,558.01 Total Taxes $474,454.48 $66,598.93 $18,302.22 $559,355.63 Millrate Summary Public School Supporters 438.737 516.163 516.163 Separate School Supporters 438.418 515.787 515.787 Levy1997.x 6/19/97 SDM 11:09 AM Village of Port Burwell 1997 MilIrate Calculations (per 1997 Annual Estimates) Residential Assessment 1,081,458 * 85% = 919,239 Commercial Assessment 100,827 * 100% = 100,827 Business Assessment 35,460 ` 100% = 35,460 1.055.526 Amount to be raised through taxation 218,879 Commercial & Ind. & Business Mill Rate 218,879.08 * 1.000= 207.365 1,055,526 Residential & Farm Mill Rate 207.365 *85% = 176.260 Proof: Residential 1081458 * 176.260 $190,618 Commercial 100827 * 207.365 $20,908 Business 35460 * 207.365 $7,353 Total Q2'...1.1±9.0) Prepared by:Suzanna Dieleman Mantel,CGA LEVY1997.XLS Reviewed by: D. R. Free,CET,AMCT 6/12/97 2:32 PM Setup: Consolidated Stmt of Operation SAFETY Jun 18, 97 Consolidated Stmt of Operation Beg:Jan 01, 97 End:Dec 31, 97 Type: B SOURCES OF FINANCING Taxation and User Charges Residential Taxation 474, 454 . 82 Commercial Taxation 71, 666 . 88 Business Taxation 18, 302 .38 Taxation from other Governme 14, 281 .14 Water and Sewer Billings 250, 400 . 00 User Charges 64, 727 . 00 893 , 832 .22 Grants Province of Ontario 160, 577 . 00 Government of Canada 13, 254 . 00 Other Municipalities 0 . 00 173 , 831 . 00 Other Penalties and Interest - Tax 2, 500 . 00 Investment Income 1, 500 . 00 Donations 4, 000 . 00 Sale of Land 90, 000 . 00 98, 000 . 00 Deduct County & School Levies 332, 558 . 00- Appropriations from Reserves 0 . 00 Proceeds from Long Term Debt 151, 113 . 89 Total Sources of Financing 984, 219 . 11 Municipal Fund Balances (beg) To (From) Taxation 43 , 808 , 64- Capital not yet Financed 20, 000 . 00- 63, 808 . 64- Total Financing Available 920, 410 .47 APPLIED TO: Current Operations General Government 270, 695 . 28 Fire Protection 36, 500 . 00 Other Protection 33 , 820 .40 Transportation Services 92 , 660 .40 Harbour 2, 000 . 00 Sanitary Sewer System 124, 114 . 75 Water Works System 87, 697 . 75 Garbage Collection 62, 300 . 00 Recreation & Culture 17, 800 . 00 Planning & Development 18, 000 . 00 Description Beg:Jan 01, 97 End:Dec 31, 97 Type: B Setup: Consolidated Stmt of Operation SAFETY Jun 18, 97 Consolidated Stmt of Operation Beg:Jan 01, 97 End:Dec 31, 97 Type: B 745, 588 .58 Capital General Government 47, 500 . 00 Other Protection 60, 695 .34 Transportation Services 6, 439 .45 Water & Sewer Works Systems 20, 000 . 00 „ Land 3, 987 . 10 138, 621. 89 Net Appropriations to Reserves 36, 200 . 00 920, 410 .47 Municipal Fund Balances (end) To (From) Taxation 0 . 00 Capital not yet Financed 0 . 00 0 . 00 Total Application During Year 920, 410 .47 Net Surplus (Deficit) for year 0 . 00 Description IBeg:Jan 01, 97 End:Dec 31, 97 Ty II I JI Setup: Taxation Revenues SAFETY Jun 18, 97 Taxation Revenues Beg:Jan 01, 97 End:Dec 31, 97 Type : B MUNICIPAL TAXATION: Residential 190, 617 . 79 Residential - supplementary 0 . 00 Residential - write off 0 . 00 Commercial 20, 908 . 09 Commercial - supplementary 0 . 00 Commercial - write off 0 .00 Business 7, 353 .20 Business - supplementary 0 . 00 Business - write off 0 . 00 TOTAL MUNICIPAL TAXATION 218, 879 . 08 COUNTY TAXATION: County - residential 80 , 574 . 03 County - residential suppl 0 . 00 County - residential w\o 0 . 00 County - commercial 8, 837 . 79 County - commercial suppl 0 . 00 County - commercial w\o 0 . 00 County - business 3, 108 .18 County - business suppl 0 . 00 County - business w\o 0 . 00 TOTAL COUNTY TAXATION PUBLIC ELEMENTARY TAXATION: Public Elementary - res . 190, 816 . 00 Public Elementary - res suppl 0 . 00 Public Elementary - res w\o 0 . 00 Public Elementary - comm. 20, 977 . 00 Public Elementary - com. suppl 0 . 00 Public Elementary - w\o com. 0 . 00 Public Elementary - bus . 7, 300 . 00 Public Elementary - bus . suppl 0 . 00 Public Elementary - w\o bus . 0 . 00 TOTAL PUBLIC ELEMENTARY 219 , 093 . 00 PUBLIC SECONDARY TAXATION: Public Secondary - res . 0 . 00 Public Secondary - res . suppl 0 . 00 Public Secondary - res . w\o 0 . 00 Public Secondary - com. 0 . 00 Public Secondary - com. suppl 0 . 00 Public Secondary - com. w\o 0 . 00 Public Secondary - bus . 0 . 00 Public Secondary - bus . suppl 0 . 00 Public Secondary - bus . w\o 0 . 00 TOTAL PUBLIC SECONDARY 0 , 00 SEPARATE ELEMENTARY TAXATION: Description Beg:Jan 01, 97 End:Dec 31, 97 Type: B Setup: Taxation Revenues SAFETY Jun 18, 97 Taxation Revenues Beg:Jan 01, 97 End:Dec 31, 97 Type: B Separate elementary - res . 12, 447 . 00 Separate elementary - res . sup 0 . 00 Separate elementary res . w\o 0 . 00 Separate elementary - com. 1, 318 . 00 Separate elementary - com. sup 0 . 00 Separate elementary - com. w\o 0 . 00 Separate elementary - bus 541 . 00 Separate elementary - bus . sup 0 . 00 Separate elementary - bus . w\o 0 . 00 TOTAL SEPARATE ELEMENTARY 14, 306 00 SEPARATE SECONDARY TAXATION Separate Secondary - res . 0 . 00 Separate Secondary - res . sup 0 .00 Separate Secondary res . w\o 0 . 00 Separate Secondary - com. 0 . 00 Separate Secondary - com, sup 0 . 00 Separate Secondary - com. w\o 0 . 00 Separate Secondary - bus . 0 . 00 Separate Secondary - bus . sup 0 . 00 Separate Secondary - bus . w\o 0 . 00 0 . 00 TAXES ON ASSESSMENT I 544, 798 . 08 LOCAL IMPROVEMENTS 0 . 00 TOTAL TAXES 544, 798 . 08 Penalties and interest 2. 500 . 00 GRANTS IN LIEU 14, 281. 14 Amtelecom - T&T Grant 19, 626 . 00 Description JBeg:Jan 01, 97 End:Dec 31, 97 Tye Setup: Water and Sewer Revenues SAFETY Jun 18, 97 Water and Sewer Revenu- _ B :•Jan :01, 97 End:Dec 31, 97 Type: B Water Billings 101, 800 .00 Water Penalties and Interest 1 , 100 . 00 Total Water revenues 102, 900. 00 Sewer Billings 146, 300 . 00 Sewer Penalties and Interest 1 , 200 . 00 Total Sewer Revenues 147, 500 . 00 Total Water and Sewer Revenues 250, 400 . 00 Description Beg:Jan 01, 97 End:Dec 31, 97 Type: B [I I �E Setup: User Charges SAFETY Jun 18, 97 User Charges Beg:Jan 01, 97 End:Dec 31, 97 Type: B User Fees Harbour Revenues 6, 000 . 00 Minor Variance Applications 1, 000 . 00 Miscellaneous Revenues 3, 000 . 00 Municipal Services 4, 500 . 00 Museum Admission Fees 2, 500 . 00 Milton Towers - Admin fee 5, 000 . 00 Official Plan Application 0 . 00 Tax Collection Charges 2, 000 .00 Transfer Station Tickets 3 , 000 . 00 Zoning Applications 1, 000 . 00 28, 000 . 00 Licenses Building Permits 2, 500 . 00 Dog Tags - Sale 1, 500 . 00 Lottery Licenses 17, 000 . 00 21, 000 00 Leases East Beach 2, 000 .00 552855 Ontario Inc 6, 550 . 00 Library 5, 677 . 00 Regional Cable TV 1, 500 . 00 15 727 . 00 Total User Charges 64, 727 . 00 Description IBeg:Jan 01, 97 End:Cec 31, 97 Type: B II I II Setup: Grant Revenues SAFETY Jun 18, 97 Grant Revenues Beg :Jan 01 , 97 End:Dec 31, 97 Type: B PROVINCIAL GRANTS : Rec & SEED grants 0 .00 Block grant 156, 823 .00 Infrastructure grant 3, 754 .00 MTO grant 0 . 00 TOTAL PROVINCIAL GRANTS 160, 577 . 00 FEDERAL GRANTS : Dredging grant 7, 500 .00 Infrastructure grant 3 , 754 .00 SEED grants, students 2 , 000 .00 TOTAL FEDERAL GRANTS 13, 254 . 00 OTHER GRANTS : 0 County - Urban Roads Rebate 0 . 00 LPRCA (Harbour & Others) 0 . 00 TOTAL GRANTS FROM OTHEF 0 , n0 Description Beg:Jan 01, 97 End:Dec 31, 97 Type: B Other Revenues Beg:Jan 81, 97 End:Dec 31, 97 Type: B Sale of Land 90 , OOO , 00 Buy A Brick Campaign 3 , 000 . 00 Donation Revenue 1, 000 . 00 Investment Income 1, 500 . 00 Proceeds from Long Ter-1 Debt 251, 113 . 89 Total Other Revenues _ 346, 613 . 89 q ' Description Beg:Jan 01, 9+ End:Dec 31, 97 Type: B ii i q Setup: County and School Levies SAFETY Jun 18, 97 County and School Levies Beg:1Jan G1, 97 End:Dec 31, 97 Type: B County Levy 94,448 . 00 Public School Levy - Elerrent.ar 223, 667 . 00 Public School Levy - Secondary 0 . 00 Separate School Levy - Elem 14,443 . 00 Separate School Levy - Sec 0 . 00 Total Levies 332 , 558 00 Description eg:Jan 01, 97 End:Dec 31, 97 Type: B Setup: General Government SAFETY Jun 18, 97 General Government Beg:Jan 01, 97 End:Dec 31, 97 Type: B Payroll Burden Administration - salaries 42, 729 .50 Allocate salaries to dept 0 . 00 Administration - benefits 8, 500 .00 Council remuneration 15, 000 . 00 Worker' s Compensation Board 4, 000 . 00 Sub total 70 . 229 50 Administration , Advertising 4, 500 . 00 Auditor 5, 500 . 00 Bank charges 1, 000 . 00 Beautification 5, 000 . 00 Boardwalk\docks 500 . 00 Community Events 1, 500 . 00 Computer assistance 1, 000 . 00 Computer software 3, 000 . 00 Council travel expenses 250 . 00 Courier 400 . 00 Donations 750 . 00 Election expenses 0 . 00 ' Inner harbour taxes 5, 750 . 00 Insurance - Village 9, 975 . 00 Land Purchase 0 . 00 Legal 6, 065 . 78 Loan interest 8, 000 . 00 Long Point Lease 6, 000 . 00 L. P.R.C.A 1, 585 . 00 Memberships 2, 700 . 00 Miscellaneous - gen. gov' t . 6, 500 . 00 Office Equipment 1, 000 . 00 Office supplies 5, 000 . 00 1 Photocopier lease 4, 200 . 00 Postage 3 , 000 . 00 Publications 5, 000 . 00 Seminars 3, 000 . 00 Subscriptions 1, 000 . 00 Tax Collections 1, 000 . 00 Training & Education 9, 000 . 00 Travel expenses 7, 000 . 00 Writeoffs 0 . 00 Sub total 109, ._ 75 78 Building Costs Cleaning - Library 540 . 00 Cleaning - office 700 . 00 Cleaning - OPP office 650 . 00 Heating - Library 550 . 00 Heating - Office 700 . 00 Hydro - East Beach 800 . 00 Hydro - Library 1, 250 . 00 Description Beg:Jan 01, 97 End:Dec 31, 97 Type: B Setup: General Government SAFETY Jun 18, 97 li 1 d Setup: General Government SAFETY Jun 18, 97 General Government Beg:Jan 01, 97 End:Dec 31, 97 Type: B Hydro - Harbour 0 . 00 Hydro - office 1, 800 . 00 Maintenance - East Beach 500 . 00 Maintenance - Library 500 . 00 Maintenance - Office 750 . 00 Telephone - office 6, 500 . 00 Telephone - OPP 300 . 00 Water\sewer - Library 375 . 00 Water\sewer - office 375 . 00 Sub total 16. 290 . 00 Long term debt - Gen' l Gov' t 75, 000 . 00 GENERAL GOVERNMENT EXPENSES 270, 695 .28 Description Beg:Jan 01, 97 End:Dec 31, 97 Type: B Setup: Fire Protection SAFETY Jun 18, 97 Fire Protection Beg:Jan 01, 97 End:Dec 31, 97 Type: B Payroll Wages 12, 000 . 00 12, 000 . 00 Administration Boat & Truck Maintenance 3, 000 . 00 Equipment purchases - minor 2, 000 . 00 Equipment repair\supplies 1, 000 . 00 Gasoline 500 .00 Health & Safety 2 , 000 . 00 Material 1, 000 . 00 Memberships 200 . 00 Pager\Radio Systems 2, 000 . 00 Training 3, 000 . 00 Sub total 1.4, 700 . 00. Building Costs Building Maintenance 2 , 000 00 Heating fuel 3, 500 . 00 Hydro 1, 500 . 00 Telephone 2, 400 . 00 Water\Sewer 400 . 00 Sub total 9, 800 . 00 TOTAL EXPENSES FIRE DEPT 36, 500 . 00 Description Beg:Jan 01, 97 End:Dec 31, 97 Type: B 1J Setup: Building Inspections SAFETY Jun 18, 97 Building Inspections Beg:Jan 01, 97 End:Dec 31, 97 Type: B Payroll Burden Building Inspector wages 34, 070 .40 Building - wage allocation 10, 000 . 00- Build Insp - benefits 4, 300 . 00 28, 370 .40 Inspection\Standards Building inspector courses 1, 000 . 00 Membership - building inspecto 100 . 00 1, 100 . 00 Dog Catcher - pay 3 , 750 . 00 Dog tags - purchase 600 . 00 4, 350 . 00 TOTAL EXPENSE OTHER PROTECTION 33, 820 .40 Description Beg:Jan 01, 97 End:Dec 31, 97 Type: B ` II Setup: Harbour SAFETY Jun 18, 97 Harbour D g:Jan 071 , 97 End:Dec 31, 97 Type: B Harbour - Dredging 0 . 00 Small craft harbours 0 . 00 Harbour maintenance 2 , 000 , 00 Total Harbour 2, 000 . 00 Description Beg:Jan . 97 End:Dec 31, 97 Type: B h if Setup: Sanitary Sewer System SAFETY Jun 18, 97 Sanitary Sewer System Beg:Jan 01, 97 End:Dec 31, 97 Type: B Payroll Burden Salaries 20, 364 . 75 Salary Allocations 10, 000 . 00 Sewer - benefits 1, 525 . 00 31, 889 75 Administration Auditor 1, 500 , 00 Administrative Overhead 10, 125 .00 Building maintenance 2, 500 . 00 Hydro - sewage plant 0 . 00 Operations contract 73, 100 . 00 Engineering 5, 000 . 00 Repairs to System 0 . 00 Sewer Writeoffs 0 . 00 92, 225 . 00 TOTAL EXPENSES - SEWAGE 124, 114 . 75 Description Beg:Jan 01, 97 End:Dec 31, 97 Type: B II I 'l Setup: Water System SAFETY Jun 18, 97 Water System Beg:Jan 01, 97 End:Dec 31, 97 Type: B Payroll Burden Salaries 20, 364 . 75 Salary Allocations 0 . 00 Water - benefits 1, 475 . 00 21, 839 . 75 Administration Auditor 1, 500 . 00 Administrative Overhead 13 , 625 . 00 Meters & parts 2 , 000 . 00 Water consumption 19, 500 . 00 Precepts - Primary & Secondary 11, 233 . 00 Repairs to system 4, 000 . 00 Engineering 4, 000 : 00 Water Writeoffs 0 . 00 55 , 858 . 00 Long term debt - Water 10, 000 . 00 TOTAL EXPENSES - WATER 87, 697 . 75 Description Beg:Jan 01, 97 End:Dec 31, 97 Type: B lV I II Setup: Garbage Collections SAFETY Jun 18, 97 Garbage Collections S eg:Ja:i 01, 7 End:Dec 31, 97 Type : B Operations Garbage collection 56, 300 . 00 Transfer Station ' 6, 000 . 130 TOTAL EXPENSES - GARBAI = 62, 300 . 00 Description Beg:Jan , ! , 97 End:Dec 31, 97 Type : B L i q Setup: Recreation and Culture SAFETY Jun 18, 97 Recreation and Culture a .+g:Jar+_ 01, 97 End:Dec 31, 97 Type: B MUSEUM Payroll Burden Staff salaries 6 , 800 . 00 Museum - benefits 0 . 00 6, 800 .00 Administration Artifact Purchases 0 . 00 Miscellaneous Expenses 250 .00 Museum Maintenance & operation 4, 000 :00 Office Supplies 0 . 00 4, 250 .00 Total Museum Expenses 11, 050 . 00 RECREATION Payroll Burden Recreation Director (St! _ :_: 0 . 00 Recreation - benefits 0 . O0 0 .00 Administration Ball park maintenance & operat 3, 000. 00) Hydro - Ball park 1, 000 .0{) Miscellaneous Expenses 250 .00 Santa Claus Parade 2, 500 .00 6, 750 . 00 Total Recreation Expenses 6, 750 . 00 17, 800 . 00 Description Beg:Jan 1 , 97 End:Dec 31, 97 Type : B Setup: Planning and Development SAFETY Jun 18, 97 Planning and Development Beg;Jan01, 97 End:Dec 31, 97 Type: B Engineering 0 . 00 General planning 8, 000 . 00 Project planning 0 . 00 Surveyor - Land 10, 000 ,00 TOTAL EXPENSES - P & D 1s , { GG , G0 Description Beg:Jan 0.1, 97 End:Dec 31, 97 Type: B II ' II Setup: Reserve Allocations SAFETY Jun 18, 97 Reserve Allocations Beg:Jan 01, 97 End:Dec 31, 97 Type: B Reserve Allocations Allocrn to Working Capital 0 . 00 Allocation to General Capital 1, 000 . 00 Total Reserve Allocation 1, 000 . 00 Reserve Fund Allocations Reserve - Development Charges 0 . 00 Reserve - Dredging 4, 000 . 00 Reserve - Fire Truck 5, 000 . 00 Reserve Seawall 1, 200 . 00 Reserve - Sewage Equipment 5, 000 . 00 Reserve - Sewage System 5, 000 . 00 Reserve Sewage Treatment Plt 5, 000 . 00 Reserve - Water 10, 000 . 00 Total Reserve Fund Allocations 35, 200 . 00 Total Allocations 36, 200 . 00 Description Beg:Jan 01, 97 End:Dec 31, 97 Type: B Setup: Road Construction SAFETY Jun 25, 97 Road Construction Beg:Jan 01, 97 End:Dec 31, 97 Type: B Constructon 0 . 00 r Drainage 100, 000 . 00 Engineering 0 . 00 Equipment 0 . 00 Harbour 0 . 00 Master plan & projects 0 .00 Street Lights 3, 304 .55 Street Signage 3 , 134 . 90 Sidewalks 0 . 00 Works Building 0 . 00 TOTAL ROADWAYS- CAPITAL 106, 439 .45 Description Beg:Jan 01, 97 End:Dec 31, 97 Type: B Setup: Other Revenues SAFETY Jun 25, 97 li � d I I I 11 Setup: Land and improvements SAFETY Jun 18, 97 Land and Improvements Beg:Jan 01, 57 End:Dec 31, 97 Type: B Baseball Diamond 2 , 98') .10 Market Square 1 , 000 , 00 Seawall 0 , 00 Total Land & Improveme:_-. = 3, 987. 10 Description Beg:Jan 01, 97 End:Dec 31, 97 Type: B II ' !I Setup: Fire Equipment SAFETY Jun 18, 97 Fire Equipment Beg:Jan 01, 97 End:Dec 31, 97 Type : B Fire Fighting Equipment 0 . 00 Fire Hall 50, 000 . 00 Truck & Accessories 10, 695 .34 TOTAL FIRE FIGHTING EQUIPMENT 60, 695 .34 I i Description Beg:Jan 01, 97 End:Dec 31, 97 Type: B II F II Setup: Water and Sewer Systems SAFETY Jun 18, 97 Water and Sewer Systems 17) .2 : Jan axi 01, 97 End:Dec 31, 97 Type: B Water system 0 .00 Sewage system 0 . 00 Sewage plant 20, 000 , 00 TOTAL CAPITAL SANITARY EWER 20, 00 Description Beg:J n 0l97 End:Dec 31, 97 Type: B II I II Setup: Other Capital Projects SAFETY Jun 18, 97 Other Capital Projects Bq.Jan 01, 97 End:Dec 31, 97 Type: B Office Equipment 0 . 00 Other 40, 000 , 00 Buildings 7 , 500 . 00 TOTAL OTHER - CAPITAL 47, 500 , 00 1 1 I . Description - g:Jan 01 , 97 End:Dec 31, 97 Type: B The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 97-20 Being a By-Law to establish a Occupational Health and Safety Policy. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and maize such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, 0.23, s. 54. AND WHEREAS the Occupational Health and Safety Act, RSO, 1990, c. 0.1, section 25 subsection (2) (j) and (k) provides that; "Without limiting the strict duty imposed by subsection (1), an employer shall,(j)prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy; (lel post at a conspicuous location in the workplace a copy of the occupational health and safety policy;" The Council of the Village of Port Burwell adopts an Occupational Health and Safety Policy attached hereto as Schedule "A" and as permits for updates and xnodiAcations by a resolution of Council as may be deemed expedient and not contrary to law. Read a first ._-Bond r e this 8th •=y of July, 1997. i ,;., / . s • e- /.O• ��` —_ A.ministrato . lerk-Treasurer Read a third t'.- and fi . pas -d .•- 12th day of August, 1997. Ai r Re- f ICA ` . u...F.:ii-a . t - :- .�_. - 1 The Corporation of the Village of Port Burwell. Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 97-20 Being a By-Law to establish a Occupational Health and Safety Policy. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c.23, s. 54. AND WHEREAS the Occupational Health and Safety Act, RSO, 1990, c. 0.1, section 25 subsection (2) (j) and (k) provides that; "Without limiting the strict duty imposed by subsection (1), an employer shall 6)prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy; () post at a conspicuous location in the workplace a copy of the occupational health and safety policy;" The Council of the Village of Port Burwell adopts an Occupational Health and Safety Policy attached hereto as Schedule "A" and as permits for updates and modifications by a resolution of Council as may be deemed expedient and not contrary to law. Read a fir- d sec9. . ''me his 8 day of July, 1997. / 41, if ��I Re- orars 'Tr 444111' Arlmini ator/Clerk-Treasurer Rea. a third time and finally passed this 8th day of July, 1997. Reeve Administrator/Clerk-Treasurer I Village of Port Burwell Schedule "A" By-Law 97-20 INDIVIDUAL RESPONSIBILITIES - HS-01 PURPOSE: To provide a procedure which outlines the health and safety responsibilities of various individuals with the municipal structure of the Corporation of the Village of Port Burwell. H. RESPONSIBILITY: 1. The Corporation of the Village of Port Burwell in its capacity as the employer is responsible for carrying out the responsibilities and duties outlined through the delegation of these functions to individuals in the corporation. 2. All individuals in the workforce, at all levels and functions, are responsible for understanding and carrying out the responsibilities and duties outlined. III. PROCEDURE: A. General: 1. Responsibility is defined as an individual's obligation to carry out assigned duties. 2. Responsibility and authority can be delegated to subordinates, giving them the right to act for their supervisors. 3. The supervisor remains accountable for seeing that they are carried out. 4. Prescribed refers to a section of the Occupational Health and Safety Act and Regulations for Industrial Establishments, Construction Projects or Mines and Mining Plants. B. Corporation: 1. Ensure that: (a) Equipment, materials and protective devices as prescribed are provided. 1 (b) Equipment, materials and protective devices are maintained in good condition. (c) Prescribed measures and procedures are carried out. (d) Equipment, materials and protective devices are used as prescribed. (e) All areas of the workplace capable of supporting all loads to which it may be subjected without causing the materials therein to be stressed beyond the allowable unit stresses established under The Building Code Act. (f) Provide information, instruction and supervision to a worker to protect the health and safety of the worker. (g) When appointing a supervisor, appoint a competent person. (h) Acquaint a worker, or person in authority over a worker with any hazard in the work and in the handling, storage, use, disposal and transport of any article, device, equipment or a biological, chemical or physical agent. (i) Afford assistance and co-operation to a committee and a health and safety representative in the carrying out by the committee and the health and safety representative of any of their functions. (k) Only employ in or about the workplace a person over such age as may be prescribed. (1) Not knowingly permit a person who is under such age as may be prescribed in or about a workplace. (m) Take every precaution reasonable _n the circumstances for worker protection. (n) Post in the workplace, a copy of the Occupational Health and Safety Act and any explanatory material prepared by the Ministry, both in English and the majority language of the workplace, outlining the rights, responsibilities and duties of workers. (o) Establish an occupational health service for workers as prescribed. (p) Where an occupational health service is established, maintain the same according to the standards prescribed. 2 (q) Keep and maintain accurate records of the handling, storage, use and disposal of biological, chemical or physical agents as prescribed. (r) Accurately keep and maintain and make available to the worker affected such records of the exposure of a worker to biological, chemical or physical agents as may be prescribed. (s) Notify a director of the use or introduction into a workplace of such biological, chemical or physical agents as may be prescribed. (t) Monitor at such time or times or at such an interval or intervals the levels of biological, chemical or physical agents in the workplace and keep and post accurate records thereof as prescribed. (u) Comply with a standard limiting the exposure of a worker to biological, chemical or physical agents as prescribed. (v) Where so prescribed,only permit a worker to work or be in a workplace who has undergone such medical examinations, tests or x-rays as prescribed and who is found to be physically fit to do the work in the workplace. (w) Where so prescribed provide a worker with written instructions as to the methods and procedures to be taken for protection of the worker. C. Management: 1. This level of the organization includes the Cheif Administrative Officer, and the Department Heads. 2. The health and safety responsibilities attached to this level include the following: (a) ensure the working environment is maintained in a healthy and safe condition (b) establish and maintain a written health and safety program, with objectives and standards consistent with applicable legislation as a minimum (c) provide ongoing safety education, including but not restricted to WHMIS and First Aid (d) provide standard operating procedures that include safe work practices (e) evaluate the health and safety performance of subordinates and divisions 3 (f) provide first aid facilities as required (g) ensure that personal protective equipment, where required is provided and used (h) investigate and report accidents/cases of occupational disease to appropriate authority D. Supervisors: 1. This level of the organization includes all those individuals who supervise the work of other employees, from the First Line Supervisor up and could include the Department Heads and or Directors. 2. The health and safety responsibilities attached to this level include the following: (a) taking care of the occupational health and safety of the employees within their respective area (b) be familiar with the applicable requirements of the Occupational Health and Safety Act and the Regulations, and ensure compliance (c) understand and enforce the Municipality 's Health & Safety Policies and Procedures (d) ensure that employees wear the appropriate personal protective equipment (e) advise each worker of the existence of any potential or actual danger to the health and safety of the worker, of which the supervisor is aware (f) investigate and determine the causes of all accidents and injuries and initiate or recommend corrective action (g) take every precaution reasonable in the circumstance for the protection of a worker (h) ensure workers receive proper training and instructions prior to commencement of work (i) identify and inform superiors of occupational health and safety concerns E. Workers and Contract Workers: 4 1. This level of the organization includes all employees in the workplace, up to and including the Cheif Administrative Officer, as well as those individuals on the Municipality payroll on a contract basis. 2. The health and safety responsibilities attached to this level include the following: (a) learning, understanding and practising standard operating procedures (b) be familiar with and comply with the provisions of the Occupational Health and Safety Act and Regulations and the Municipality's Health and Safety Policies and Procedures (c) taking every possible precaution to protect themselves and fellow workers from health and safety hazards and unsafe situations (d) reporting unsafe acts or conditions to their supervisor or health and safety committee or health and safety representative (e) reporting any occupational injury or illness immediately to their supervisor (f) using personal protective equipment, where required (g) report any contraventions of the Occupational Health and Safety Act or Regulations to their supervisor or employer F. Contractors and Sub-Contractors: 1. This classification is external to the Municipality's organization and includes all those individuals or organizations working on a contract for the Municipality 2. The health and safety responsibilities attached to this classification include the following: (a) demonstrate the establishment and maintainance of a health and safety program, with objectives and standards consistent with applicable legislation and this corporations health and safety policy and requirements (b) include health and safety provisions in their management system to reach and maintain a consistently high level of health and safety (c) ensure the workers in their employ are aware of the hazardous substances that may be in use at the workplace and wear the appropriate personal protective equipment required for the area 5 3. This section will be included in all contracts tendered and proof of the above may be required by the Municipality at any time from tendering to project completion. G. Visitors and General Public: 1. This classification is external to the Municipality's organization and includes all those individuals or organizations not identified in the above classifications. 2. Where appropriate, signs will be posted at entrances to inform visitors and the general public about restricted access or the requirement to report to a receptionist before proceeding further. 3. Visitors and general public will not be allowed to wander unescorted, through areas that are normally restricted to employees. 4. In the event that a visitor is required to enter a work area that is normally restricted to employees: (a) the supervisor will be responsible for ensuring that the visitor is aware of the relevant workplace safety rules and is under the supervision of a regular employee. (b) any and all required personal protective equipment will be used by the visitor. 6 Village of Port Burwell Schedule "A" By-Law 97-20 COMMITTEES - HS-02 PURPOSE: To develop terms of reference for Health and Safety Representatives/Committees to ensure compliance under the Occupational Health and Safety Act. II. RESPONSIBILITY: 1. The department head and workplace supervisor are responsible for ensuring that a H&S Representative/Committee is established and maintained. 2. The H&S Representative/Committee is responsible for ensuring the proper application of this policy. III. PROCEDURE: A. Composition: 1. Below lists the minimum legal requirements for determining the correct health and safety representation, for the total number of employees (full-time and part-time) at a workplace: 1 Representative more than 5 employees, but less than 20 2 Committee Members 20 or more employees, but less than 50 4 Committee Members 50 or more employees 2. At least 50% of the members must be non-management workers. 3. The worker members must be selected by the workers they represent; in a unionized workplace they may be chosen by the union, or nominated and voted in by the membership. 4. The employer shall select the remaining members. 5. The members will fill this role for a minimum 1 year term of office. 1 6. Where there are more than 2 members and the term of office is longer than 1 year, an attempt will be made to have overlapping terms of office, so that continuity can be maintained. 7. The names and work location of all H&S members must be posted. 8. At least two members of each H&S Committee must be certified, one representing the workers and one representing management. 9. One co-chairperson, who represents the worker members, will be selected by the worker committee members and one co-chairperson will be appointed by management, for a one year term. B. Meetings and Minutes: 1. Committee members should meet monthly but must, as a minimum, meet once every 3 months. 2. Members are responsible for making arrangements with their supervisor for attendance at the H&S meetings and for preparation time prior to the meetings. 3. A schedule of H&S meetings for the year is to be developed, published and posted at the beginning of each calendar year, listing the date, time and location, (Sample Addendum I) 4. An agenda is to be developed by the co-chairpersons for each meeting and circulated at least one week in advance of the meeting. (Sample Addendum III) S. Written minutes of the meeting are to be taken, outlining the following: (Sample Addendum IV) (a) the date, time, and location of the meeting held (b) the names of all members and other persons present (c) an item by item record of all items discussed, and the outcome,i.e.: reports presented and by whom problems identified agreed upon recommendations any action to be taken by individual members any business the committee has agreed to discuss at the next meeting 2 any response by management to the committee any discussion with respect to the above date, time and location of the next meeting 6. Minutes are to be signed by the co-chairpersons and circulated within a week, with one copy: (a) posted (b) forwarded to each Joint H&S Member (c) forwarded to the area supervisor and department head (d) kept in the minutes manual at each workplace (e) senior management who normally review committee recommendations (0 union local (where appropriate) (g) maintenance, personnel, medical or safety departments (where appropriate) C. General Duties For Committee: 1. Follow the guidelines outlined in the Occupational Health & Safety Act and the Municipal Health and Safety Program Booklet titled "Making it Work". 2. Develop publish and post, at the beginning of each calendar year, a schedule for the monthly H&S workplace inspections for the year. (Sample Addendum II) 3. Workplace inspections will be conducted monthly, by trained, appointed members, and all substandard acts and working conditions will be documented on "WORKPLACE INSPECTION REPORT" (Form HS004), with one copy: (a) posted (b) forwarded to each Joint H&S Member (c) forwarded to the area supervisor and department head and reviewed (d) kept in the minutes manual at each workplace (e) forwarded to the Corporate H&S Committee Chairperson, for central recording 4. Review all completed "EMPLOYEE ACCIDENT/INCIDENT REPORTS" (Form HS007), analyze information and make recommendations to management to reduce recurrences. 5. Designate a committee member to investigate any accident in which a person is killed or critically injured. 6. Obtain information regarding: 3 (a) hazardous materials, processes or equipment; (b) designated substances and the respective control-program reports; (c) workplace testing, that is being carried out for health and safety purposes; 7. Receive and respond to any "HEALTH & SAFETY INFORMATION REQUEST" (Form HS001). 8. Provide advice and recommendations to management on health and safety programs in general, as outlined below: (a) Recommendations to management from the H&S Committee, for any items not already identified on the "WORKPLACE INSPECTION REPORT", are to be submitted in writing on the "HEALTH & SAFETY RECOMMENDATION" (Form HS002), with the following information: (i) nature of concern with background information and justification (ii) recommended remedial action, listing suggested solutions and methods of implementation (iii) date (b) The co-chairpersons are responsible for ensuring the written recommendations, on form HS002, are received by the management team responsible for the reply to Joint Health And Safety Committee recommendations. (c) Management will respond to the recommendations, in writing within 21 days, with: (i) timetable for implementation, if the employer agrees with the recommendation; (ii) reasons for disagreement, if the recommendation is not acceptable; 9. Encourage fellow employees to work safely and to report hazardous or unsafe conditions immediately to their supervisors. 10. Identify areas of health and safety training for all employees. 11. Be present for, or assist in, work refusal investigations. 12. Be available to accompany a Ministry of Labour Officer on his/her inspection tour of the workplace. 4 Village of Port Burwell Schedule "A" By-Law 97-20 WORK PLACE INSPECTION - HS-03 PURPOSE: To assess the quality of workplace conditions, equipment and methods, the success of or need for safety program initiatives, and the quality and adequacy of controls for hazards in the workplace. II. RESPONSIBILITY: 1. The Health& Safety Committee is responsible for ensuring the proper application of this policy III. PROCEDURE: A. General: 1. The workplace inspections will be conducted on a monthly basis. 2. If it is not practical to inspect the whole workplace once per month, then a monthly inspection of part of the workplace shall be conducted, with the whole workplace being reviewed throughout the course of the year. 3. Inspections should be conducted prior to the H&S meeting, preferably one week in advance, so that the observations and recommendations can be discussed by the whole committee. 4. A schedule of workplace inspections for the year is to be developed, published and posted by the H&S Committee, at the beginning of each year, listing the date and time. (Addendum II) B. Inspection: 1. Workplace inspections will be completed by at least 2 members of the H&S Committee, (one management and one worker member) who will be assigned this duty at the preceding H&S meeting. 1 2. The "WORKPLACE INSPECTION CHECKLIST" (Form HS003) will be used as a guide and all observed unsatisfactory conditions will be recorded on the "WORKPLACE INSPECTION REPORT" (Form HS004). 3. The H&S Committee inspector will record any suggestions in the 'Recommended Actions' section and assign responsibility for correction to the area supervisor. 4. Copies of the "WORKPLACE INSPECTION REPORT" will be: (a) posted on the H&S section of the bulletin board (b) forwarded to the area supervisor and department head (c) circulated to each H&S Committee Member in the workplace (d) forwarded to the Corporate H&S Committee Chairperson, for central recording C. Analysis and Follow-up: 1. The area supervisor is responsible for reviewing the "WORKPLACE INSPECTION REPORT" and initiating the appropriate corrective action for each discrepancy in his area, in order of its priority. 2. The "WORKPLACE INSPECTION REPORT" shall be completed by the area supervisor, within one week, with the following information: (a) the action taken or planned to be taken (b) the completion date 3. Subsequent workplace inspections will review the items from previous inspections to ensure the remedial action has resolved the concern. 2 Village of Port Burwell Schedule "A" By-Law 97-20 EMPLOYEE ACCIDENT/INCIDENT REPORTING GUIDELINES - HS-04 PURPOSE To provide a procedure where all accidents and incidents, resulting in injury, occupational illness and/or property damage, can be investigated to prevent recurrence. II. RESPONSIBILITY: 1. Employees are required to report all accidents/incidents to their immediate supervisor. 2. The supervisor is responsible for investigating, reporting and corrective action follow-up of all accidents/incidents. III. PROCEDURE: A. General: 1. All injuries, occupational illnesses, property damage and incidents (near misses) must be reported to the supervisor. 2. Immediately after an accident/incident, the supervisor shall ensure the safety of employees, public, equipment and facilities from further injury or damage and follow the steps laid out in this procedure. 3. There are four categories of injuries: (a) No Treatment (b) First Aid (c) Medical Aid (d) Critical 1 B. No Treatment Injury: I. A 'No Treatment Injury' occurs when there is an injury that does.not require any treatment (ie bruised finger). 2. The employee will report the injury to the supervisor. 3. The supervisor will record the injury in the "FIRST AID REPORT BOOK" (Form HS006), which is to be kept at the First Aid Station. C. First Aid Injury: 1. A 'First Aid Injury' is an injury that can be treated at the work site and does not require treatment from a health care professional. (ie. a cut finger that requires a bandaid only) 2. First aid treatment will be provided and the treatment recorded in the "FIRST AID REPORT BOOK". 3. The employee is to report the injury to the supervisor. D. Medical Aid Injury: 1. A 'Medical Aid Injury' is an injury that requires treatment (ie a cut finger that requires stitches) from a health care professional (ie physician, chiropractor, etc.) but is not of a critical nature. 2. The supervisor is to arrange for: (a) first aid treatment for the injured employee and record the treatment in the "FIRST AID REPORT BOOK" (b) transportation (ie. private vehicle, taxi, ambulance, etc.) of the employee to a location where professional health care can be delivered (ie. doctor's office, hospital). 3. A "TREATMENT MEMORANDUM" (WCB Form 0156) and a "RETURN TO WORK RECOMMENDATIONS" (Form HS009) are to be taken to the attending physician. See HS-6 MODIFIED WORK. 4. The supervisor is to conduct an investigation immediately, or as soon as possible, 2 following the notification of the accident/incident. See Section F, Accident/Incident Reporting. E. Critical Injury: 1. A 'Critical Injury' is an injury of a serious nature that: (a) places life in jeopardy (b) produces unconsciousness (c) results in substantial loss of blood (d) involves the fracture of a leg or arm but not a finger or a toe (e) evolves the amputation of a leg, arm, hand, foot, but not a finger or a toe (f) consists of burns to a major portion of the body (g) causes the loss of sight in an eye 2. The supervisor is to arrange for: (a) first aid treatment for the injured employee and record the treatment in the "FIRST AID REPORT BOOK" (b) transportation (ie. private vehicle, taxi, ambulance, etc.) of the employee to a location where professional health care can be delivered (ie. doctor's office, hospital). (c) immediate notification of the Ministry of Labour, City Malinger, Joint Health and Safety Committee, and Department Head 3. A "TREATMENT MEMORANDUM" and a "RETURN TO WORK RECOMMENDATIONS" forms are to be taken to the attending physician. See HS-6 MODIFIED WORK. 4. The supervisor is to conduct an investigation immediately, or as soon as possible, following the notification of the accident/incident. 3 F. Accident/Incident Reporting: 1. Investigations will be conducted by the department supervisor, with the optional assistance of a member from the Joint Health & Safety Committee (NOTE: for items with an * , assistance from a member of the Joint Health & Safety Committee is compulsory), and the findings documented on the "EMPLOYEE ACCIDENT/INCIDENT REPORT" (Form HS007), whenever any of the following occur: (a) medical aid * (b) critical injury * (c) fatality * (d) hazardous substance discharges * (e) Joint Health & Safety request (f) fire or explosion (g) property damage above $500.00 (h) accidents involving possible public liability (i) other accidents or near misses (j) acute/chronic occupational illness 2. When conducting the investigation it is important to: (a) preserve the accident scene where practical and possible (b) identify witnesses or others having knowledge of the accident/incident (c) interview the injured employee where practical and possible (d) identify any primary/secondary causes (e) identify any primary/secondary unsafe actions (f) identify any primary/secondary hazardous conditions 3. Investigations are required to be completed within 24 hours of the incident or request. 4 Village of Port Burwell Schedule "A" By-Law 97-20 W.C.B. REPORTING - HS-05 I. PURPOSE To provide a procedure which outlines the reporting requirements for all compensable injuries. II. RESPONSIBILITY: 1. Employees are required to report all accidents/incidents to their immediate supervisor and to keep him/her advised of their return to work status. 2. The department supervisor is responsible for the notifying Treasury of any compensable accidents/incidents and for updating them on changes to an employee's return to work status. 3. The Treasury Department is responsible for the completion and forwarding of the claim to the Workers' Compensation Board (WCB). III, PROCEDURE: A. Initial Claim: 1. Within 24 hours of a compensable accident/incident, the department supervisor shall forward a completed, signed copy of the "EMPLOYEE ACCIDENT/INCIDENT REPORT" (Form HS007) to the Treasury Department. 2. The Treasury Department will: (a) complete an "EMPLOYER'S REPORT OF ACCIDENTAL INJURY OR INDUSTRIAL DISEASE" (WCB Form 0007W), using the information provided on the "EMPLOYEE ACCIDENT/INCIDENT REPORT" (b) forward both the above forms to the City Manager for review and signature on the WCB form (c) forward the signed "EMPLOYER'S REPORT OF ACCIDENTAL INJURY OR INDUSTRIAL DISEASE" within the prescribed time 1 B. Subsequent Claim: 1. The employee will have a "RETURN TO WORK RECOMMENDATIONS" (Form HS009) completed with every visit to the attending physician. 2. This will be given to the department supervisor, who will then forward a copy to the central reporting area. 3. When an employee is able to return to: (a) Full Duties (b) Modified Duties the supervisor will forward a copy of the "RETURN TO WORK RECOMMENDATIONS" to: (a) Central Reporting Area (b) Treasury 4. Treasury will notify WCB of the employee's revised work status, using an "EMPLOYER'S SUBSEQUENT STATEMENT" (WCB Form 0009Y), with copies sent to: (a) Central Reporting Area (b) City Manager S. The Clerk Typist, City Manager's office, will develop an internal 'WCB Summary Report', for analysis by the department heads. 6. The employee's time sheet will also be used, as a check and balance by the department heads, to identify a change in an employee's work status, but will not eliminate the requirement for a completed "RETURN TO WORK RECOMMENDATIONS". 2 village of Port Burwell Schedule "A" By-Law 97-20 MODIFIED WORK - IIS-06 PURPOSE: To provide a fair and consistent policy for the rehabilitation of employees who have been injured on the job, the corporation recognizes the benefits of a formal rehabilitation program and will undertake to provide meaningful employment for both permanently and temporarily disabled employees. II. RESPONSIBILITY: 1. The department head and workplace supervisor are responsible for ensuring that every reasonable effort is made to provide suitable modified work to any employee, who is unable to perform his normal duties, as a consequence of an occupational injury or illness. 2. A "Modified Work Committee", if required, will act as a resource for management, union and the employee. 3. The injured worker is responsible for active participation in the modified work program, as defined in this procedure. III. PROCEDURE: A. General: 1. Modified work is any job, task, function or combination thereof that a worker, who suffers from a diminished capacity, may perform safely without risk of re-injury. 2. The work must be productive and the result of the work must have value. 3. The work must be seen as temporary, generally not to exceed 8-12 weeks in duration, and is intended to assist the employee in returning to his regular duties. 4. Each department will try to accommodate any employee unable to perform their regular duties. 1. 5. A "Modified Work Committee", made up of representatives from management and employees, will be established in each department, on an as required basis, to address modified work issues that arise at the workplace. 6. Where the employee's "home department" is unable to provide a suitable work assignment, an attempt will be made to place the employee in another department within the City. B. Responsibilities: 1. The duties of the workplace supervisor are: (a) meet with the worker to set program goals and objectives (b) determine what outside professionals are needed (c) establish individual programs for workers, with the help of other professionals (d) ensure there is no conflict with any collective agreement (e) organize the placement of injured workers in modified jobs (1) meet with the employee on the first day back and facilitate the return to work (g) arrange meetings with worker and Modified Work Committee, as required, to monitor status of worker and discuss strategies for future development of the program (h) educate workers about the modified work program, safety practices and the WCB 2. The duties of the Modified Work Committee are: (a) develop an individual program for the worker and keep him actively involved in the rehabilitation plan by setting goals, maintaining continuous contact and monitoring progress (b) ensure that the Modified Work Program does not conflict with any collective agreement (c) negotiate inter-bargaining unit agreements, where modified jobs incorporate tasks from other bargaining units (d) communicate potential labour relations problems to management • (e) keep minutes of meetings and distribute them to all committee members 2 3. The duties of the worker are: (a) maintain regular contact with the workplace supervisor (b) obtain clearance from the treating physician for the return to modified work (c) notify the relevant WCB personnel (ie claims adjudicator and/or rehabilitation caseworker) of availability for modified work (d) take an active role in developing his individual modified work program (e) communicate any concerns to the workplace supervisor so that potential problems can be resolved immediately (f) ensure that other scheduled activities, such as physiotherapy or doctor's appointments, do not interfere with the return to work C. Following An Injury: 1. For a 'Medical Aid Injury' or a 'Critical Injury', the injured employee will be given a "TREATMENT MEMORANDUM" (WCB Form 0156) and a "RETURN TO WORK RECOMMENDATIONS" (Form HS009) to be taken to his attending physician. See HS-7, EMPLOYEE ACCIDENT/INCIDENT REPORTING. 2. The "RETURN TO WORK RECOMMENDATIONS" will state that the City has a modified work program and will request the physician to identify at that visit whether or not the employee is available for: (a) full duties (b) modified duties (c) total disability 3. The employee will have a "RETURN TO WORK RECOMMENDATIONS" completed with each subsequent visit to the attending physician, until such time as he returns to full duties. 4. Regular contact between the employee and the supervisor is to be maintained throughout the employee's recovery period, with a suggested meeting frequency of once every two weeks, as a minimum, and preferably following the employee's medical appointments. 5. The completed "RETURN TO WORK RECOMMENDATIONS" will be given to the workplace supervisor at these meetings and the injured employee's progress shall be jointly reviewed. 3 D. Modified Work Implementation: 1. When the physician indicates that the employee is available for modified duties, the supervisor and the employee will meet to discuss what work options are available, those being, in order of priority: (a) a modified pre-injury job (b) an alternate job (c) another suitable job 2. A "PHYSICAL DEMANDS ANALYSIS" (Form HS012) should be completed to identify what activities need to be performed in carrying out the job assignment and to match these with any identified restrictions. 3. It may be necessary to modify the pre-injury job on a temporary or permanent basis, to accommodate the employee's physical restrictions, and this may include, but not be limited to: (a) the regular job/tasks that have been changed, redesigned or physically modified (b) a reduction in time (ie fewer days per week or fewer hours per day than normal) (c) a reduction in volume of work performed (d) assistance from another co-worker for more difficult tasks 4. If the pre-injury job cannot be modified to accommodate the injured employee's needs, alternate jobs may be considered. 5. An alternate job is one which involves work that is approximately the same standing within the organization, looking at the 'home' department first and then all outside departments second. 6. When looking at alternate jobs, consideration should be given to: (a) the employee's previous work history (b) transferable skills 7. When neither the pre-injury job nor an alternate job is appropriate, other suitable jobs should be considered. 8. Other suitable jobs are defined as those jobs within the capacity of the worker and pose no health or safety risks to him, but may be quite different from the pre- accident job. 4 E. Program Monitoring: 1. The injured employee should be monitored closely, while on a modified work program, with any difficulties he has being reported and evaluated by one of the workplace supervisors. 2. The "MODIFIED WORK PROGRESS CHART" (Form HS013) should be used to list the goals and objectives and document the worker's progress over the length of the program. 3. When monitoring an injured worker's participation, the following factors should be considered: (a) attendance (b) productivity (c) accuracy (d) problems with particular tasks (e) ability to increase speed (f) ability to improve efficiency 4. Once the worker completes his modified work program and returns to full duties, a complete review of the individual's "MODIFIED WORK PROGRESS CHART" should be performed by the: (a) supervisor (b) worker (c) Modified Work Committee, where applicable and their recommendations for improvements documented. 5 Village of Port Burwell edule "A" By-Law 97-20 REFUSAL TO DO UNSAFE WORK - HS-07 I. PURPOSE: To create a procedure outlining the steps to be followed when any employee refuses to work due to unsafe work conditions, as defined in the Occupational Health and Safety Act. IL RESPONSIBILITY: 1. The employee is responsible for immediately informing the supervisor of any unsafe work conditions. 2. The supervisor is responsible for investigating any reports of unsafe work conditions and resolving the concern, as defined by this procedure. III. PROCEDURE: 1. An employee may refuse to.work or do particular work where he has reason to believe that: (a) any equipment he is to use or operate is likely to endanger himself or another employee (b) the physical condition of the workplace is likely to endanger himself (c) any equipment he is to use, or the physical condition of the workplace, is in contravention of the Occupational Health and Safety Act, and such contravention is likely to endanger himself or another employee 2. Upon refusing to work, the employee shall promptly report the circumstances of his refusal to his supervisor, who shall promptly investigate the report in the presence of the worker and a: (a) health and safety representative, or (b) union committee member who represents workers 3. If action can be taken to resolve the complaint without need for further investigation, the supervisor will carry out the action and complete Part I of a 1 "REFUSAL TO WORK" (Form H5010). 4. If further investigation is required to resolve the complaint Part H, of the "REFUSAL TO WORK" will be completed with the presence and input of a worker member from the Joint Health and Safety Committee. S. Until the investigation is completed, the worker shall remain in a safe place near his work station, unless assigned to alternative work. 6. If, after following the investigation and/or any steps taken to resolve the concern, the employee feels that there is still an unsafe work condition, the employer shall notify the Ministry of Labour. 7. A Ministry of Labour Inspector shall investigate the refusal to work in the presence of the: (a) employer (b) employee (c) health and safety representative, or (d) union committee member who represents workers 8. The Inspector shall decide whether the equipment or the workplace is likely to endanger the employee or another person and give his decision, in writing, as soon as is practicable. 9. Pending the investigation and decision of the Inspector, the employee shall remain at a safe place near his work station during his normal working hours, unless the employer assigns the employee reasonable alternative work during such hours. 10. Pending the investigation and decision of the Inspector, no employee shall be assigned to use the equipment, or to work in the workplace, which is being investigated, unless the employee to be assigned has been advised of the work refusal and the reasons for it. 2 REFUSAL TO WORK FLOWCHART Worker has reason to believe work likely to endanger himself or another person. WORKER SUPERVISOR Promptly reports Investigates forthwith in circumstances to the presence of a H&S Worker AGREEMENT supervisor and remains Rep. in a safe place. worker, or another worker selected by the union to represent workers. RETURN TO WORK DISAGREEMENT Worker continues to refuse WORKEREMPLOYER OR "noir worker maay beassigned to operate the egaipmenUmachine/device pending the WORKER investigation, only if they nave been informed of the refisal in the presence of a Remains in a H&S Worker Rep. safe notifies the MINISTRY OF LABOUR Y WORKER INSPECTOR May be assigned investigates in the presence reasonable alternate of worker, employers,H&S Rep. V INSPECTOR RETURN TO WORK gives decision in.writing re: likely or not likely to endanger. Y ACTION REQUIRED 3 Village of Port Burwell Schedule "A" By-Law 97-20 EMPLOYEE ACCIDENT/INCIDENT CORRECTIVE ACTION MEMO - HS-08 I. PURPOSE: To develop guidelines to ensure all employees receive the proper orientation and ongoing training, necessary for maintaining a safe work environment. II. RESPONSIBILITY: 1. The supervisor is responsible for ensuring the employee receives all the necessary training, as defined in this policy. 2. The Joint Health & Safety Committee is responsible for auditing the records for compliance. III. PROCEDURE: A. Orientation: 1. Each workplace and all department heads will be given a copy of the current Health & Safety Manual, which must be made accessible to all employees. 2. All new employees will be given an overview of the Health & Safety Manual as part of their orientation. 3. The following areas will be reviewed in detail, during the orientation: (a) HS-21, GENERAL SAFETY RULES (b) HS-08, HEALTH & SAFETY TRAINING (c) HS-01, RESPONSIBILITIES (d) HS-22, PERSONAL PROTECTIVE EQUIPMENT (e) HS-04, EMPLOYEE ACCIDENT/INCIDENT REPORTING GUIDELINES (f) HS-26, EMERGENCY PROCEDURES (g) HS-09, HAZARDOUS CONDITIONS (h) HS-07, REFUSAL TO WORK 1 4. All employees will be shown by their supervisor proper safety procedures, specific to their job. B. WHMIS: 1. Any worker, who works with or in proximity to any hazardous materials, will receive WHMIS training, which will include information on the hazardous materials used in the workplace, their labelling, storage and use, and any health hazards they may present. 2. The instructions and training shall be developed and implemented by the Municipality, in consultation with the Health and Safety Committees, and such training and the workers familiarity with the information will be reviewed annually. 3. A MSDS (Material Safety Data Sheets) book will be kept at a location accessible to all employees (ie First Aid station) for reference. 4. A master MSDS book for the Municipality will be kept at central recording area. C. First Aid: 1. A minimum of two people per shift per workplace will be trained in an approved First Aid course, when the number of workers on shift is greater than five. 2. The Municipality will sponsor retraining, as required, in order to maintain compliance with the Workers' Compensation Act. D. Personal Protective Equipment: 1. All new employees will be provided with personal protective equipment, as required for the different work applications. 2. Employees will be instructed in the use and care of their personal protective equipment on an annual basis. E. Fire Alarms and Extinguishers: 1. All new employees will be shown the location of the fire alarms and extinguishers. 2 2. Designated employees for each workplace will be instructed in the proper use of the fire extinguishers on an annual basis. F. Emergency Procedures: 1. All employees will be instructed in EMERGENCY PROCEDURES, HS-26. 2. A copy of the "Emergency Exits Floor Plan" will be posted on the Health and Safety Bulletin Board. 3. An evacuation will be performed annually. G. Training Program: 1. Members of the various Health & Safety Committees will be encouraged to attend health and safety seminars and workshops to keep their knowledge current. 2. Workers and supervisors will attend relevant health and safety seminars and workshops to provide them with the basic knowledge and skills necessary to ensure compliance with the legislation. 3. Employees will be required to take additional job skills training when job requirements change. 4. Monthly on the job training will be provided to all employees to develop skills and knowledge. There will be a planned schedule of training posted in the workplace and supervisors shall ensure that critical topics are covered, i.e. WHMIS, EMERGENCY PLAN, FIRST AID, LIFTING, CONFINED SPACE, TRAFFIC CONTROL etc. 5. To keep personnel current in all aspects of health and safety, literature will be provided on all upcoming educational opportunities through the use of bulletin boards and newsletters. A library of information will be kept in the personnel office. H. Confined Space and Lock-Out, Block-Out: 1. Designated employees will be instructed in HS-24, CONFINED SPACE and 115-23 LOCK-OUT, BLOCK-OUT, when applicable to their specific workplace duties. 3 Village of Port Binwell Schedule "A" By-Law 97-20 RETURN TO WORK RECOMMENDATIONS - HS-09 I. PURPOSE: To identify the steps to be taken for reporting hazardous conditions that may arise in the workplace. IL RESPONSIBILITY: 1. All employees are responsible for reporting to their supervisor any hazardous conditions that may exist in the workplace. 2. The workplace supervisor is responsible for responding to the employee's concern and ensuring that the hazardous condition is resolved and the workers are protected. III. PROCEDURE: A. General: 1. An employee shall report to his supervisor: (a) the absence of or defect in any equipment or protective device of which he is aware and which may endanger himself or another worker (b) any contravention of the Occupational Health and Safety Act or the regulations, or the Village of Port Burwell Health & Safety Policies and Procedures (c) the existence of any hazard of which he knows 2. The supervisor will attempt to resolve the concern, as soon as possible, and keep the involved employee apprised of the status of the concern. 3. If the supervisor is unable to resolve the concern, he should bring it to the attention of his department head. 4. If the employee's concern is not satisfactorily resolved after a reasonable period of time (not to exceed 5 working days), the employee is encouraged to bring the concern to the attention of a member of the JHSC (Joint Health and Safety Committee). 5. The employee will be asked to document the concern on a "HEALTH & SAFETY INFORMATION REQUEST" (Form HSOO1), outlining the facts and the information requested. 6. All concerns are to be thoroughly investigated with factual information pertaining to the concern freely exchanged between the parties involved in the investigation. 7. The Joint Health & Safety member and the employee's supervisor are responsible for ensuring the employee is informed of the progress or resolution of the concern. 8. Concerns not addressed to the satisfaction of the parties involved are to be placed on the agenda for the next regularly scheduled meeting, or if necessary a special meeting convened by the Joint Health & Safety Committee Co-chairpersons. 9. This procedure does not preclude the employee from exercising his right to refuse to work, as defined under both the Occupational Health and Safety Act and HS-15 REFUSAL TO WORK. 2 Village of Port Burwell Schedule "A" By-Law 97-20 STANDARD OPERATING PROCEEDURES - HS-10 I. PURPOSE: To provide a procedure for developing Standard Operating Procedures for the operation of equipment. II. RESPONSIBILITY: 1. The workplace supervisor is responsible for ensuring that Standard Operating Procedures are written for each critical piece of equipment at the workplace and that the employees who operate the equipment are trained in these procedures. III. PROCEDURE: A. General: 1. Each workplace will review the various equipment used at their facility and from this will develop a list of critical equipment (ie tractor, chipper, etc.). 2. A Standard Operating Procedure will be developed for each of these critical pieces of equipment. 3. All employees that operate a piece of critical equipment will be trained in the Standard Operating Procedure B. Standard Operating Procedure Format: 1. Each Standard Operating Procedure should consist of the following sections: (a) Equipment: (i) Brand Name, Type, Model Number (ii) Suppliers Name and Address (iii) Specific Machine Requirements (ie temperature/humidity 1 requirements) (b) Materials: List of materials that are consumed in the operation of the equipment (ie compressed air, gasoline) (c) Pre-Start Up Inspection Checklist: A walk around is to be performed prior to starting up the equipment. A checklist of items, specific to each piece of equipment, will be used to ensure completeness. The checklist will identify: (1) the frequency (ie daily, weekly, seasonally, etc.). (ii) what items are to be checked (iii) what remedial action is taken when a problem is identified (iv) the operator who performs the checklist and the date it is performed The checklist items may include such things as: (i) all guards in place; (ii) all manufacturers safety features are intact and operational; (iii) there is no excessive wear; (iv) everything is fastened together properly/nothing is broken; (v) all mounts secured; (vi) gauges: pressure, temperature, etc.; (vi) no personnel can become endangered by start-up; (d) Safety Precautions: List the precautions that the employee should take while running the equipment, or working in the area, in order to prevent injury to himself or others. Include information concerning potential dangers of which he should be aware. Some of the areas of concern which may be included are: (i) electrical grounding (ii) high voltage 2 (iii) radiation (iv) danger of burns from hot or very cold items (v) extreme heat (vi) flying sparks (vii) explosive materials (viii) hot liquids (ix) acidic or caustic substances (x) skin irritants or drying agents (xi) toxic fumes (xii) flammable fumes or liquids (xiii) high pressure areas (xiv) sharp edges or grinding wheels of machines (xv) dangerous moving parts of machinery (xvi) equipment shields (xvii) excessive noise (xviii) oil on floor (xix) pits or holes to avoid (xx) pinch points Information about what to do in emergency situations (ie location of first aid station, emergency stopping, etc.) may also be included in this section. (e) Personal Protective Equipment: This section should list all the personal protective equipment that must be worn when operating the specific equipment and may include items such as: (i) head protection (hard hat, sun exposure) (ii) eye protection (safety glasses, face shield) (iii) hearing protection (iv) respiratory equipment (filters, SCBA) (v) protective clothing and gloves (vi) foot protection (f) Preventive Maintenance and Critical Spare Parts: This section will document what preventive maintenance is to be performed on equipment. A checklist of items, specific to each piece of equipment, will be used to ensure completeness and may parallel the type of list typically found in an owner's manual. 3 The qualifications of the inspector/tester (ie Automotive Mechanic, Electrician, etc.), that are required, are to be identified in this section of the procedure. A maintenance checklist will identify: (i) the frequency (ie daily, weekly, seasonally, etc.). (ii) what items are to be checked (iii) what standards are to be met (iv) the results observed (v) the remedial action is taken when a problem/deviation is identified (vi) the operator who performs the checklist and the date it is performed Some maintenance activities may not be performed on a fixed time schedule, but rather when certain conditions are observed. For these cases, the procedure should identify: (i) the condition/signal which triggers the maintenance (ii) what activity is to be performed (iii) the action taken For critical equipment, where minimum downtime has a serious effect on the operation, a list of essential spare parts will be developed and maintained (ie standby generator). (g) Operation: This section explains in detail how to operate the equipment. It should be as complete and as easily understood as possible. Starting with the first step, all steps of the operation are listed sequentially and explanation given for how, as well as what, things are to be done. The instructions should be stated as simply and concisely as possible, assuming that the operator has no prior knowledge of the equipment/process. Illustrations should be provided, where appropriate, to complement the written instructions. 4 (h) Shutdown: This section should explain the steps to follow for 3 types of shutdown situations: (i) Emergency Shutdown (ii) Regular Shutdown (iii) Longterm (Storage) Shutdown The steps listed for each type of shutdown are to be in the order that they are to be carried out. Shutdown includes both shutdown of equipment and clearing the work area. Emptying containers or tanks of liquid, purging lines, etc. are part of the process. (i) Illustrations: This section should any prints, drawings, schematics or illustrations that can further clarify the written procedures. C. Audits: 1. The Standard Operating Procedure should be reviewed on a periodic basis, but minimum once annually, to: (a) ensure the procedure is being applied consistently (b) determine if the operator understands the procedure (c) allow for feedback and suggestions for improvements 2. If an accident occurs while using the equipment, the Standard Operating Procedure should be reviewed by the Joint Health & Safety Committee, as part of their accident review and analysis. 3. If the accident is attributed to failure to follow the Standard Operating Procedure: (a) the Supervisor should document this infraction and take the necessary action to enforce the procedure (b) the Joint Health &Safety Committee should include an audit of the specific Standard Operating Procedure on their subsequent Workplace Inspections, to observe compliance 5 Village of Port Burwell Schedule "A" By-Law 97-20 FIRST AID - HS-11 PURPOSE: To outline the requirements for First Aid in accordance with the Workers Compensation Act Regulation 950. II. RESPONSIBILITY: 1. The department head and workplace supervisor shall: (a) Make sure that first aid is given immediately, in accordance with the regulations. (b) Record the first aid treatment or advice given to the worker. (c) Complete and give to the worker a Treatment Memorandum (Form 156) if health care* is needed. (d) Provide Immediate transportation to a hospital, a doctor's office, or the worker's home if necessary. (e) Submit to the Board, within three days of learning of an accident, an Employer's Report of Accidental Injury/Industrial Disease (Form 7) and other information that may be requested. (f) Pay full wages and benefits for the day or shift on which the injury occurred when compensation is payable for lost warnings. * Health care includes medical, surgical, optometrical, and dental aid; the services of osteopaths, chiropractors, and chiropodists; hospital and skilled nursing care; and the provision and maintenance of artificial members and appliances made necessary as a result of the injury. In an emergency, a doctor or a hospital may notify the board of a worker's injury. Employers are required by the Worker's Compensation Act to keep this form posted in a conspicuous place in full view of all of their workers. 1 2. The H&S Representative/Committee is responsible for ensuring that the proper equipment is located at each location through the Workplace Inspection procedure. III. GENERAL PROVISIONS: 1. A first aid station shall contain (a) a first aid box containing the items required by Regulation 950; (b) a notice board displaying i) the Board's poster known as Form 82; ii) the valid first aid certificates of qualification of the trained workers on duty; and iii) an inspection card with spaces for recording the date of the most recent inspection of the first aid box and the signature of the person making the inspection. 2. A first aid station shall be in the charge of a worker who works in the immediate vicinity of the first aid station and who is qualified in first aid to the standards required by Regulation 950. 3. First aid stations shall be so located as to be easily accessible for the prompt treatment of any worker at all times when work is in progress. 2. 1. A first aid box shall contain as a minimum the first aid items required by Regulation 950 and all items in the box shall be maintained in good condition at all tunes. 2. The box shall be large enough so each item is in plain view and easily accessible. 3. Every employer shall at all times keep posted in other conspicuous places in the place of employment the Board's poster known as Form 82 respecting the necessity of reporting all accidents and receiving first aid treatment. 4. The expense of furnishing and maintaining first aid appliances and service shall be borne by the employer. 5. Every employer shall keep a record of all circumstances respecting an accident as described by the injured worker: the date and time of its occurrence; the names of 2 witnesses; the nature and exact location of the injuries to the worker; and the date, time and nature of each first aid treatment given. 6. Employers shall inspect first aid boxes and their contents at not less than quarter- yearly intervals and shall mark the inspection card for each box with the date of the most recent inspection and the signature of the person making the inspection. 7. The Board or its appointees may make inspections of first aid stations, appliances, services and records. IV. FIRST AID REQUIREMENTS: 1. Every employer employing not more than five workers in any one shift at a place of employment shall provide and maintain at the place of employment a fir§t aid station with a first aid box containing as a minimum: (a) a current edition of a standard St. John First Aid Manual; (b) 1 card of safety pins; (c) dressings consisting of i) 12 adhesive dressings individually wrapped; ii) 4 sterile gauze pads, 3 inches square; iii) 2 rolls gauze bandage, 2 inches wide iv) 2 field dressings, 4 inches square or two 4 inch sterile bandage compresses: and v) 1 triangular bandage. 2. Every employer employing more than five workers and not more than fifteen workers in any one shift at a place of employment shall provide and maintain a first aid station with a first aid box containing as a minimum: (a) a current edition of a standard St. John Ambulance First Aid Manual; (b) 1 card of safety pins (c) dressings consisting of i) 24 adhesive dressings individually wrapped; ii) 12 sterile gauze pads, 3 inches square; iii) 4 rolls of 2 inch gauze bandage; iv) 4 rolls of 4 inch gauze bandage; 3 v) 4 sterile surgical pads suitable for pressure dressing, individually wrapped; vi) 6 triangular bandages; vii) 2 rolls of splint padding; and viii) 1 roll up splint. 3. Every employer employing more than fifteen and less than 200 workers in any one shift at a place of employment shall provide and maintain at the place of employment one stretcher, two blankets,and a first aid station with a first aid box containing as a minimum: (a) a current edition of a standard St. John Ambulance First Aid Manual; (b) 24 safety pins; (c) 1 basin preferably stainless steel; (d) dressings consisting of i) 48 adhesive dressings intitule wrapped ii) 2 rolls of adhesive tape, 1 inch wide; iii) 12 rolls of 1 inch gauze bandage; iv) 48 sterile gauze pads, 3 inches square; v) 8 rolls of 2 inch gauze bandage; vi) 8 rolls of 4 inch gauze bandage; vii) 6 sterile surgical pads suitable for pressure dressing, individually wrapped; viii) 12 triangular bandages; ix) splints of assorted sizes; and x) 2 rolls of splint padding. 4 The employer shall ensure that the first aid station is at all times in the charge of a worker who (a) is the holder of a valid St. John Ambulance Emergency First Aid Certificate or its equivalent and (b) works in the immediate vicinity of the station. 5. Every employer employing 200 or more workers in any one shift at jj place of employment shall provide a first aid room equipped with (a) a current edition of a standard St. John Ambulance First Aid Manual; 4 (b) instruments consisting of i) dressing scissors, ii) dressing forceps, iii) safety pins, iv) graduated medicine glass, v) tongue depressors, and vi) cotton-tipped applicators; (c) denatured ethyl alcohol; (d) dressings consisting of i) adhesive dressings, individually wrapped; ii) sterile gauze pads of assorted sizes, individually wrapped; iii) gauze bandages of assorted sizes; iv) adhesive plaster: v) absorbent cotton; vi) triangular bandages; vii) splints of assorted sizes, and viii) splint padding (e) furnishings consisting of i) hot and cold running water; ii) 3 washbasins preferably stainless steel; iii) 1 instrument sterilizer; iv) 1 cabinet for surgical dressings; v) 1 enamel foot bath vi) 1 sanitary disposal receptacle with lid; vii) 1 first aid box containing the items required by section B. of this procedure for use by the attendant at the scene of an accident before the patient is moved to the first aid room or general hospital; viii) 1 couch curtained off or in a separate cubicle; ix) 1 stretcher; and x) 2 blankets. 2. The employer shall ensure that the first aid room is in the charge of (a) a registered nurse; or (b) a worker who i) is the holder of a valid St. John Ambulance First Aid Certificate or 5 its equivalent and ii) works in the immediate vicinity of the first aid room; and iii) does not perform other work of a nature that is likely to adversely affect his ability to administer first aid. 3. The certificate referred to above shall be prominently displayed in the first aid room. V. TRANSPORTATION, CONSTRUCTION, FARM AND BUSH SITES 1. For the purposes of Section IV: 1. a railway train, vessel, or bus on a route other than an urban or suburban route on which a worker is employed; 2. the central point from which bush workers are dispatched daily to work sites; 3. a vehicle being used by an employer to transport workers; or 4. the site of the construction, repair or demolition of a building shall be deemed to be a place of employment. 2. 1. Where the place of employment is site of construction, repair, or demolition of a building, a first aid station shall be maintained in the time office of the project. 2. Where there is no time office for the project, a first aid station shall be maintained in a vehicle or building at the sit and the provisions of Section III shall apply. 3. Where the construction, repair or demolition of a building is in the charge of a general contractor, the general contractor shall provide and maintain the first aid station or stations required by Regulation 950 in respect of the workers in the same manner as if he were the employer of the workers. 4. 1. Every employer of bush workers or farm workers, or both shall provide at a central location a first aid box containing (a) a current edition of a standard St. John Ambulance Emergency First Aid Manual (b) 1 card of safety pins (c) dressings consisting of i) 16 adhesive dressings, individually wrapped; ii) 6 sterile gauze pads, three inches square; iii) 4 rolls of 3 inch gauze bandage; iv) 2 sterile surgical pads suitable for pressure dressings; 6 v) 4 triangular bandages. 2. Every employer using a vehicle to transport workers shall equip the vehicle with a first aid box containing (a) a current edition of a standard St. John Emergency First Aid Manual; (b) 1 card of safety pins; (c) dressings consisting of i) 16 adhesive dressings, individually wrapped; ii) 6 sterile gauze pads, three inches square; iii) 4 rolls of three inch gauze bandage; iv) 2 sterile surgical pads suitable for pressure dressings, individually wrapped, and v) 4 triangular bandages. 3. The employer of workers engaged in transporting goods outside an urban area in vehicle shall equip the vehicle with a first aid box containing (a) a current edition of a standard St. John Emergency First Aid Manual; (b) dressings consisting of i) 12 adhesive dressings, individually wrapped; ii) one 4 inch bandage compress; iii) two 2-inch bandage compresses; and iv) 1 triangular bandage. 4. Where a worker is operating heavy construction and maintenance equipment in a place where a first aid station is not readily available in the event of an accident, the employer shall equip the machinery with a first aid kit containing the required items in the preceding section. 5. A bus operated on a route other than an urban route shall be equipped with a first aid kit containing the items required in section 3. 6. Motive power units of all railways other than units used in yard service shall be equipped with the items required in section 2. 7 Village of Port Burwell Schedule "A" By-Law 97-2Q GENERAL SAFETY RULES - HS-21 I. PURPOSE To provide some general guidelines for creating and maintaining a safe work environment. IL RESPONSIBILITY: 1. The employee is responsible for following the Safety Rules. 2. The supervisor is responsible for ensuring the policy is adhered to. III. PROCEDURE: A. General Rules: 1. Personal protection equipment must be worn when and where required. 2. Report ALL injuries to your supervisor immediately. 3. Report any unsafe conditions, including someone under the influence or in possession of drugs or alcohol, or hazards which may allow an injury to occur to yourself or a fellow employee. 4. Report any property damage, regardless of how minor. 5. Follow all operator instructions when usingor handling hazardous materials and ensure that all containers of hazardous materials are properly labelled and stored in designated areas. 6. Obey all posted signs and notices. 7. Always use the correct posture when lifting and get assistance if the weight is excessive. 8. Be aware of the location of the Health and Safety Bulletin Board and the posted Occupational Health and Safety Act. 1 B. Housekeeping: 1. Aisles are to be kept clear at all times. 2. Individual work areas are to be kept clean and tidy. 3. All materials, tools, products and equipment are to be kept in their designated areas. 4. Liquid spills are to be cleaned up immediately to prevent slips and falls. C. Fire Prevention: 1. Become familiar with the location of fire alarm "PULL STATIONS". fire extinguishers and exits. 2. Ensure aisles and exits are not blocked at any time. 3. Anytime a fire extinguisher is used, report it immediately to your supervisor, so that it can be recharged. D. Equipment Operation: 1. Equipment must not be repaired, adjusted or operated unless you understand the safe operating procedure. 2. Be aware of the use and location of the "EMERGENCY STOP" button before using any equipment. 3. Loose clothing, jewellery and long hair should be secured, so as not to become entangled with equipment. 4. All safety devices must be checked by the operator before operating the equipment. 5. All equipment must be turned off and the appropriate lock-out procedure (HS-23, LOCK-OUT, BLOCK-OUT) followed, prior to repairs, cleaning, adjustment or lubrication. 2 Village of Port Burwell Schedule "A" By-Law 97-20 PERSONAL PROTECTIVE EQUIPMENT - HS-22 I. PURPOSE: To provide a guideline which outlines what personal protection equipment is required to be worn in the workplace. H. RESPONSIBILITY: 1. The supervisor is responsible for issuing the necessary equipment, training the employee in its use and ensuring the policy is adhered to. 2. The employee is responsible for the care and maintenance of any personal protective equipment assigned to them and for the proper application of this policy as it applies to them. M. PROCEDURE: A. General: 1. Personal Protective Equipment (PPE) is the last line of defence for controlling occupational hazards, after thorough evaluation and implementation of: (a) engineering controls (b) administrative controls (c) work practices 2. Only PPE approved by the appropriate safety associations (e.g. CSA, NIOSH, NFPA etc.) will be used. 3. Specific PPE needs will be identified at each workplace, in accordance with accepted industry practices and standards, and will be documented in the specific workplace Standard Operating Procedures (see HS-10 STANDARD OPERATING PROCEDURE), for the critical pieces of equipment. 4. Training in the use and maintenance of PPE will be provided. 1 5. Records will be kept for the issue of non-disposable PPE. 6. The Joint Health & Safety Committee will audit compliance to this procedure during their monthly inspections. B. Personal Protective Equipment: (a) Head Protection: 1. Hard hats are required by all workers involved in construction and maintenance and where there is any danger of injury from falling objects, or from striking the head on overhead objects. 2. Hard hats shall not be drilled, painted or worn in a reversed manner. 3. Other protective headgear may be assigned to protect individuals from long term exposure to the sun or elements. (b) Eye Protection: 1. Where a worker is exposed to the hazard of eye injury, he shall wear eye protection appropriate for the circumstances, which includes, but is not limited to: (i) chipping (ii) cutting (iii) drilling (iv) exposure to acids, alkali, or other corrosive chemicals (v) exposure to heavy dirts or dusty conditions (vi) sandblasting (vii) sawing (viii) spray painting (ix) welding (c) Hearing Protection: 1. Warning signs are to be posted at the approaches to an area, or on equipment, where the sound level is more than ninety decibels. 2. Workers are to wear hearing protection when the daily exposure is more than that permitted for the particular sound level, as defined in Regulations 692, S 144, of the Occupational Health and Safety Act. 2 3. Workers shall wear hearing protection, when exposed to a sound level of 115 decibels or greater. (d) Respiratory Equipment: 1. Suitable breathing apparatus is to be worn, when workers are likely to be exposed to injury from: (i) dangerous gases, vapours, fumes or dust (ii) deficiency of oxygen. 2. Equipment can be paper filters, masks with charcoal cartridges, S.C.B.A. (Self Contained Breathing Apparatus) or SAR (Supplied Air Respirator). (e) Protective Clothing and Gloves: 1. A worker shall be outfitted with the appropriate apparel, where he is exposed to the hazard of injury from contact of his skin with: (i) a noxious gas, liquid, fume or dust (ii) a sharp or jagged object which may puncture, cut or abrade his skin (iii) a hot object, liquid or molten metal (iv) radiant heat (v) body fluids or pathogenic material (ie health care area) 2. Reflective fluorescent vests are required by all workers involved in construction and maintenance, while on the roadway. (f) Foot Protection: 1. Where a worker is exposed to the hazard of foot injury he shall wear foot protection appropriate in the circumstances. 2. All workers shall wear steel toed boots or shoes with puncture resistant soles, when working on construction sites. 3. Lace-type footwear must be fully laced to provide full support and prevent accidents. 3 Village of Port Burwell Schedule "A" By-Law 97-20 LOCKOUT/BLOCKOUT - HS-23 PURPOSE: To create a procedure that ensures equipment is locked out or blocked out, when under repair or if determined to be unsafe, so as not to endanger any personnel. H. RESPONSIBILITY: 1. The employee working on the equipment is responsible for the proper application of this procedure. 2. The supervisor is responsible for ensuring the policy is adhered to. III. PROCEDURE: A. Lock-Out: 1. A numbered padlock, with a single key, will be assigned to those employees that perform repairs to equipment and/or are responsible for employee safety. 2. The padlock key is to remain in the possession of the assigned employee and is not to be loaned out. 3. If a piece of equipment is unsafe or repairs are to be made, a 'safety lock-out' is to be applied and the employee is to fasten his padlock to it, before commencing any repairs. 4. If a piece of equipment cannot be locked out, the fuses should be removed and the switch tagged, identifying the equipment status. 5. Prior to the removal of the padlock, the employee should check out the equipment and the immediate area to ensure that the equipment can be started safely. 6. If repairs overlap from one shift to the next, the employee going off shift is responsible for ensuring that his lock is removed and that a lock from an employee 1 on the incoming shift replaces it. 7. If an employee neglects to remove his padlock before leaving the facility, the supervisor will call him at home to return to the facility and remove the padlock. If this is not possible, the supervisor may remove the padlock, using a master.key, only after he has verified that: (a) the employee is still not working on the equipment, and (b) it is safe to start up the equipment 8. In those cases where adjustments can only be made when the equipment is operating, a 'spotter' positioned at the "EMERGENCY STOP" button, voids a lock-out. B. Block-Out: 1. Where equipment needs to operate in order to make repairs and a lock-out is not appropriate, the equipment should be blocked in such a manner as to prohibit movement of those moving parts that may cause injury 2 Village of Port Burwell Schedule "A" By-Law 97-20 CONFINED SPACES - HS-24 PURPOSE: To create a procedure whereby employees can work safely in a designated confined space. IL RESPONSIBILITY: 1. The employee working in the area is responsible for the proper application of this procedure. 2. The supervisor and department head are responsible for ensuring that employees are properly trained and that the policy is adhered to. III. PROCEDURE: A. General: 1. A 'confined space' refers to a place: (a) to which or from which the means of access or egress are restricted because of location, design, construction, or contents; and (b) in which, (i) a hazardous accumulation of gas, vapour, dust, mist or smoke may be present, or may accumulate, or (ii) there may be an oxygen content in the atmosphere of less than 18% or more than 23% (c) which includes an open or enclosed tank, vat, sewer, pipe, duct, flue, reactor, chamber and other such spaces 2. Some examples of a confined space are: (a) Wet wells and dry wells in sewage pumping stations (b) Manholes in sanitary and storm sewers 1 (c) Chlorine rooms at swimming pools 3. All employees whose work may necessitate confined space entry shall receive instructions in entry procedures and be familiar with the Occupational Health & Safety Act and Regulations for: (a) Industrial Establishments, Section 71 to 75, or (b) Construction Projects, Section 119 B. Confined Space Entry Procedure: 1. Preplan (a) Determine what is required for entry. Will it be in an area that falls under the Construction or the Industrial Regulations of the Occupational Health and Safety Act? (b) Will lock-out procedures be required? If so, make sure that you have tags identifying the area that is to be locked out as well as your own padlock. (see HS-23) (c) Determine if there is a need for a confined space entry permit. (Hot or Cold work) (d) Are any specialized tools or equipment needed? (e) Determine what lighting levels exist and what may be required. If temporary lighting is needed, it must be intrinsically safe (explosion proof) whether it is of the 110 volt or flashlight variety. 2. Check out Equipment (a) Ensure that all detection equipment is calibrated as per manufacturers instructions. (b) A system of communications should be in place between the worker and the lookout person and between the lookout person and home base. (truck radio, cellular phone, portable radio) If such equipment is used inside the confined space it must also be intrinsically safe. (c) Check all personal protective equipment to make sure it is in good repair and working order. 3. Traffic Control 2 (a) If the entry is to be made where vehicular traffic is a hazard, the following are required: 1. All employees will have a bright orange vest/shirt/coat with fluorescent strips front and back. 2. Cones or delineators set up as required by local legislation for traffic control. 3. If a traffic controller is required, then this person shall have a STOP/SLOW sign and be given both written and verbal instructions. Refer to the publication entitled "Work Area Protection" from the Ontario Ministry of Transportation. 4. Test (a) If possible, atmospheric testing should be done prior to opening a cover. This test should be for the following hazards in order: 1. Oxygen Deficiency or Enrichment 2. Combustibles/Flammables 3. Toxics The detection equipment used for this testing may include separate devices or multi-function instruments. 5. Record (a) All pre-opening test results are to be logged on a standard form (HS-011) in order that the results can be kept as permanent record and sent to the office in order that any unusual conditions can be noted for future reference. This also fulfils a Ministry of Labour requirement for record keeping of the entry of confined spaces. 6. Open the Confined Space (a) The removal of any cover of a confined space should only be done with correct tools and procedures to prevent back injuries or the occurrence of a spark. 7 Ventilate or Purge (a) Dangerous atmospheres can be controlled or eliminated either: 1. Mechanically 3 This type of ventilation is basically a portable fan that provides sufficient "good air" in exchange for "bad air". Generally a fan that provides 750- 1000 cubic feet of air per minute is used for vault or chamber operations. In larger areas such as large tanks and vessels, larger fans capable of moving up to 5,000 cubic feet of air may be required. Be extremely careful of combustible areas and keep in mind that in the case of a combustible/explosive atmosphere that an explosive proof fan and/or ducting is required or provision made for "natural ventilation" by means of opening other covers to create a natural air flow. N.B. A minimum safe requirement is 20 air changes per hour with ventilation in place for a minimum of ten minutes before entry. 2. Respiratory Protective Equipment Respiratory protective equipment should be used whenever ventilation is inadequate or impractical. For certain conditions such as oxygen deficient atmospheres or if the level of toxic gas or vapour is unknown or exceeds the level considered to be immediately dangerous to life or health, the use of a self contained breathing apparatus (S.C.B.A.) or a supplied air respirator (S.A.R.) with an escape pack is required. If toxic gas or vapour is below the I.D.L.H. level, air purifying respirators may be used provided that the exposure levels never exceed the limitations of the unit. This can only be determined by a person who is knowledgable of the respirator and the hazards. (b) In the case of explosive atmospheres special precautions must be implemented. Entry into an area that has a concentration greater than 50% of the L.E.L. (Lower Explosive Limit) must not be entered for any reason as per Ontario Provincial Legislation. 8. Re-Test (a) This test is done with the same equipment as the initial test was. Care should be taken in doing the test to ensure that the entire work area and full depth of the space is tested and that sufficient time be taken to allow the sensors to respond properly. (minimum 2 minutes) (b) Should either test show a problem atmosphere the supervisor will be notified before entry is made. 9 Record 4 (a) Once again a record is required similar to the pre-opening test record. 10. Set Up Means Of Escape/Retrieval (a) For all confined space entries the minimum requirement is a full body (parachute) type harness worn by the entrant attached to a lifeline. This ensures maximum ability for a quick retrieval without injury. (b) At least one person trained in artificial respiration and cardio-pulmonary resuscitation shall be in the immediate area of the entry into the confined space. 11. Enter (a) A continuous atmospheric monitoring device is required for employee protection while in the confined space. When the device sounds an alarm, leave the area immediately 12. Commence Work C. Emergency Procedures: 1. If an employee in the confined space and the monitor alarm sounds, he/she must leave the area immediately. 2. If an employee is not in the confined space area and the monitor alarm sounds, he/she must Not Enter the Area and should notify the supervisor immediately. 3. The attendant outside the confined space should immediately effect rescue by retrieval of the employee in the space using only the retrieval system. 4. If needed, an emergency call should be made to emergency services to send appropriate assistance. UNDER NO CIRCUMSTANCES MUST ANY OTHER RESCUE PROCEDURE BE USED. 5 Village of Post Burwell Schedule "A" By-Law 97-20 TRENCHING - HS-25 I. PURPOSE: To provide a procedure whereby employees may work safely in a trench. H. RESPONSIBILITY: 1. The employee working in the area is responsible for proper application of this procedure. 2. The supervisor and department head are responsible for ensuring that employees are properly trained and that the procedure is adhered to. 3. The supervisor shall be in possession of The Ministry of Labour Regulations for Construction Projects (213/91). III. PROCEDURE: A. General: 1. A trench is defined as an excavation whose depth is greater than its width. 2. Preplan (a) Determine the type of soil that the trench will be located in. Note: Generally municipal operations are carried out in type 3 soil at best. (b) Locate and mark all services. (gas, electrical, water etc.) (c) If the service may pose a hazard, the service shall be shut off and disconnected. If this is not possible then the owner of the service shall be requested to supervise the uncovering of the service. (d) If the trench may affect the stability of an adjacent existing foundation, building or structure, a supervisor must be notified. (e) If the trench has a water problem, water removal may be required. i.e. pumps 3. Check Out Equipment (a) Ensure that trench protection materials are in working condition. i.e. trench box, hydraulic shoring, pneumatic shoring, wood shoring, shovels, picks pumps, traffic control devices, etc. (b) A system of communications will be in place between the trench location and home base. (c) Check all personal protective equipment to ensure that it is in good repair and working order. 4. Traffic Control (a) If the trench is to be made where vehicular traffic is a hazard, the following are required: 1. All employees will have a bright orange vest/shirt/coat with fluorescent strips front and back. 2. Cones or delineators will be set up as required by local legislation for traffic control. 3. If a traffic controller is required, then this person shall have a STOP/SLOW sign and be given both written and verbal instructions. Note: Reference shall be made to the publication "Work Area Protection" from the Ontario Ministry of Transportation for specification of signs, cones and delineators. 5. Excavate (a) No person shall be within a six foot radius of any mechanized excavating equipment that is in the process of excavation. (b) No employee shall enter the trench unless: 1. Proper protection for the worker is in place as outlined in the Regulations for Construction Projects (213/91) in sections 222 through 242. 2. The employee is in full view of another employee on the surface at all times. 2 B. Emergency Procedures 1. Should any abnormalities occur in the trench wall, bottom or surface area above the trench it shall be evacuated immediately and supervision notified. 2. Should a trench collapse occur whereby an employee is engulfed or buried: (a) The lookout will immediately notify home base. (b) Home base will call emergency personnel. (c) Under no circumstances may any employee enter an unsafe trench to effect rescue operations. 3 Village of Port Burwell Schedule "A" By-Law 97-20 EMERGENCY PRO CEEDURES - HS-26 PURPOSE: To create a comprehensive action plan to be taken under various emergency situations. II. RESPONSIBILITY: 1. The on shift supervisor is responsible for the implementation of the "EMERGENCY PROCEDURE", in the event of an emergency. 2. The employee is responsible for knowing the nearest emergency exit location and safety area. 3. The department head is responsible for ensuring this policy is adhered to and for reporting any incident to the Emergency Control Group, as outlined in the "the Village of Port Burwell Contingency Plan for Emergencies". III. PROCEDURE: A. Definition: 1. An emergency condition may be created as a result of a: (a) fire (b) explosion (c) bomb threat (d) flood, earthquake or tornado (e) chemical spill (f) severe or critical injuries B. Communication: 1. When the emergency situation is restricted to a department, or a small area, verbal communication may be employed. 2. In the event of a facility wide evacuation, the fire alarm or paging system will be 1 employed. 3. Depending on the nature of the emergency, the supervisor will contact the appropriate emergency service: (a) Ambulance 911 (b) Fire 911 or 874-4600 (c) Hospital - Tillsonburg 842-3611 (Public General) (d) Police 1-800-265-7191 (e) Ontario Hydro 1-800-668-4987 (f) Natural Resource Gas 773-5321 1-800-265-7191 4. The supervisor will notify the department head and the Administrator/Clerk- Treasurer, if a facility wide evacuation takes place. C. Evacuation: 1. Upon notification of the evacuation directive, designated employees at the locations below will: (a) Day Nursery - evacuate the children in their assigned area (b) Home for the aged - evacuate the residents in their assigned area (c) Other - shut down their assigned equipment or place them in a hold safe state and exit the building through the nearest safe emergency exit. 2. All other employees will exit the building immediately, upon notification of the evacuation directive. 3. The posted "Emergency Exits Floor Plan" shows which exits are to be used during emergency evacuation. 4. Employees will exit in an orderly fashion. 5. Under no condition should an employee turn back. 6. Once outside the building, all employees will report to the "Safe Area", assigned for each facility: (a) Municipal Office: Parkette across Erieus street (b) Public Works Office: Empty lot across Elizabeth Street 2 7. The shift supervisor will perform a head count to ensure that all employees have been evacuated and notify the appropriate Emergency Service Personnel. D. Return to Facility: 1. Once the facility is deemed safe for re-entry, the supervisor will re-walk the facility with the Emergency Service Personnel. 2. Following this, the supervisor may instruct the employees to return to their work stations. 3 HEALTH & SAFETY INFORMATION REQUEST EMPLOYEE CONCERN: Information Requested: Date: Name: H&S COMMITTEE RESPONSE: Sources: Information: Date: Name: EI.SO4I REV.02/92 HEALTH & SAFETY INFORMATION REQUEST H500I REV.02192 HEALTH & SAFETY RECOMMENDATION HEALTH & SAFETY CQMMITTEE CONCERN: Nature of Concern: Recommended Remedial Action: Date: Name: MAN QEMENT'S RESPONSE: Per'The OccupationalHealth and Safety Act S8(6b)an employer who receives written recommendations from a committee shall respond in writing within twenty- one days. Acceptance of Recommendation and Implementation Timetable: Rejection of Recommendation and/or Changes: Date: Name: HS002 REV.02/92 HEALTH & SAFETY RECOMMENDATION HSOO2 REV.02/92 MODIFIED WORK PROGRESS CHART NAME: DEPARTMENT: INJURY: INJURY DATE: P R 0 G R A GOAL: START DATE: COMPLETION DATE: PROGRAM LENGTH: WKS (YY/MM/DD) (YY/MM/DD) WEEK I GOAL: WEEK 2 GOAL: WEEK 3 GOAL: WEEK 4 GOAL: 118013 Page 1 of 2 REV.08!92 MODIFIED WORK PROGRESS CHART WEEK 5 GOAL: WEEK 6 GOAL: HS0t3 Page 2 of 2 REV.08/92 MODIFIED WORK PROGRESS CHART WEEK 7 GOAL: WEEK 8 GOAL: WEEK 9 GOAL: WEEK 10 GOAL: WEEK 11 GOAL: 118013 Page 3 of 2 REV.08/92 MODIFIED WORK PROGRESS CHART WEEK 12 GOAL: CONCLUSIONS Ati D RECOMMENDATIONS: HS013 page 4 of 2 REV.08192 PHYSICAL DEMANDS ANALYSIS JOB TITLE: DEPARTMENT: HRS./WK.: rr roT T.TT7Tl RVQ TIATTK• DT-TriNTP• CATEGORY FREQUENCY WEIGHT COMMENTS Max. Usual BENDING Stooping 0 1 2 3 4 Twisting 0 1 2 3 4 Kneeling 0 1 2 3 4 Crouching 0 1 2 3 4 Crawling 0 1 2 3 4 WALKING Level SulDdce 0 1 2 3 4 Rough Surface 0 1 2 3 4 Stairs 0 1 2 3 4 Ladders 0 1 2 3 4 SITTING Chair 0 1 2 3 4 Stool 0 1 2 3 4 Vehicle Seat 0 1 2 3 4 REACHING Above Shoulder 0 1 2 3 4 Below Shoulder 0 1 2 3 4 Forward/Backward 0 1 2 3 4 LIFTING Ground Level 0 1 2 3 4 tfencll Level u 1 l 3 4 Shoulder Level 0 1 2 3 4 Over Head 0 1 2 3 4 Carrying 0 1 2 3 4 Puoliin 0 1 2 3 4 Pulling 0 1 2 3 4 STANDING ins342 0 1 2 3 4 Outside 0 1 2 3 4 HANDS Fine Finger Movements • 0 1 2 3 4 Gripping (Power/Pinch) 0 1 2 3 4 Handling 0 1 2 3 4 FEET Foot Action- 1 Foot 0 1 2 3 4 Foot Action-2 Feet 0 1 2 3 4 HSO12 Page 1 of 2 REV.OS/92 PHYSICAL DEMANDS ANALYSIS NOTE: ACTIVITY IS BASED ON AN 8 HOUR SHIFT 0 -Not Required 1 - Seldom Required 2 - Minor Activity (Less Than,1 Hour) 3 - Frequent Activity (1 - 3 Hours) 4 - Constant Activity (Major Job Demand) BRIEF JOB DESCRIPTION: INCLUDES ESSENTIAL DUTIES-DUTIES NECESSARY TO PRODUCE JOB OUTCOME H8012 Page 2 of 2 REV.08!92 PHYSICAL DEMANDS ANALYSIS RS012 Page 3 of 2 REV.08(92 FIRST AID REPORT BOOK To be completed for all'No Treatment injuries'and'First Aid Injuries'as defined in the Corporate Health&Safety Manual,HS-7,"EMPLOYEE ACCIDENT/INCIDENT REPORTING' WORKPLACE: • • ;• HS006 (REV 04/92) Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1TO Resolution 970708-12 July 8, 1997 _ .., -, ' / i MOVED BY: / . ', !- / . , A SECONDED BY: _ att 4-/ .C6,��"; BE IT RESOLVED, the Council of the Village of Port Burwell hereby agrees to introduce By-Law 97-20, being a By-Law to establish a Occupational Health and Safety Policy. / CARRIED: f The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 97-21 Being a By-Law to authorize the Reeve and the Acting Clerk to enter into an'Agreement in Principle" with Fisheries and Oceans Canada with respect to future ownership of lands described in Schedule "A" attached hereto. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102, as amended, provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. and; WHEREAS the Council of the Village of Port Burwell deems it necessary to enter into an Agreement in Principle with Fisheries and Oceans Canada with respect to future ownership of lands described in Schedule "A" attached hereto. The Council of the Village of Port Burwell hereby directs the Reeve and Acting Clerk to execute the attached Agreement in Principle with Fisheries and Oceans Canada. Read a first and second time this 29th day of December, 1997. 1114 • iffevf, Ree �ing Clerk Read a third • : • and • .y p.ss z, this 29th day of December, 1997. Reeve eting Clerk 0 5. Bylaws 1) By-Law 97-26 - Being a By-Law to authorize the Reeve and the Acting Clerk to enter into a Site Plan Agreement with Richard & Bertha Breen for the development of an Ice Cream Parlour at 38 Robinson Street. - By-Law Introduced December 9, 1997 Resolution #971209-14 - Memo M. Peterson Dated December 18, 1997 By-Law Read a First & Second Time. By-Law Read a Third Time & Finally Passed. ii) By-law 97-21 - Being a By-Law to authorize the Reeve and the Acting Clerk to enter into an "Agreement in Principle" with Fisheries and Oceans Canada with respect to future ownership of lands described in Schedule "A" attached hereto. - By-Law Introduced December 9, 1997 Resolution #971209-15 By-Law Read a First & Second Time. By-Law Read a Third Time & Finally Passed. Dave Mason is to contact George Enei with regards to the installation of additional lights on the pier. iii) 345990 Ontario Ltd Tabled to New Council of the Municipality of Bayham iv) By-Law 97-08 - Being a By-Law to authorize the Reeve and the Acting Clerk to enter into an Agreement with the Department of Fisheries and Oceans for the lease of Harbour Lands. Resolution #971229-06 MOVED BY: Gordon Loucks SECONDED BY: Ron Bradfield BE IT RESOLVED, the Council of the Village of Port Burwell hereby agree to introduce By-Law 97-08, being a By-Law to authorize the Reeve and the Acting Clerk to enter into an Agreement with the Department of Fisheries and Oceans for the lease of Harbour Lands. CARRIED: Tom Nesbitt, Reeve 2 DEC-66-97 j46 FROMuSMALL CRAFT HARBOURS ID.905 639 5975 PACE 1/7 143,1 FEsnenes I'ecnes and Oceans et Oceans Small Craft Harbours Branch Page 1 of/de 7 3027 Harvester Road, Suite 304 Burlington, Ontario Date: December 8, 1997 L7R 4K3 FACSIMILE: (905) 639 -5975 TO/A: Name Members of Council Nom Organization/Company Village of Port Burwell OrganisationlCompagnie Telephone Number (519) 874 -4343 _Numero de telephone Facsimile Number (519) 874 -4948 Numero de telephone MESSAGE Copy of letter and "Agreement-in-Principle" attached. Original to follow by courier. A new management agreement(two year duration)will follow under separate cover. If you have any questions,please do not hesitate to contact this office. D. G. Blanchard Director FROM/DE: f Name D. G. Blanchard Nom Telephone Number (905) 639 -4337 Numero de telephone DEC—le—s7 14 = 57 FROM=SMALL (:KAF1' nYHKGUUltb bs2/7 141 Fisheries and' Peches et Oceans Canada Oceans Canada Sinal Crag Harbours Ports pour petits bateaux Centra[and Arctic Region -Region du Centre et de rArdique P.O.Sax 85120 C.P.15120 YoceAe Yoox,{fa..rer� 3027 Harvester Road 3027.chemin Hamster Slate 304 Bureau 304 8urrrrrgton.Ontario Buffington,Ontario Our Etc Noire Pilaw t.7R 41t3 L7R sK3 5882'D'Port BurweII Tel (906)639.4337 Tel (905)6394337 Fax (905)634{97S Fax (905)63S.5975 December 8, 1997 Via Courier Members of Council The Corporation of the Village of Port Burwell Box 10 21 Pitt Street Port Burwell,Ontario NOT ITO Dear Council: Re: Port Burwell Small Craft Harbour Facility Please extend my Department's appreciation to the members of Council present for the December 3M meeting to discuss the future of the Small Craft Harbours Program and the state of the facilities in Port Burwell. We have summarized the main points of the meeting in point form for simplicity: • Attached for the Village's review and signature are two copies of an"Agreement-in-Principle" outlining the proposed transfer of the harbour to the Village. If acceptable,we would suggest that the Head of Council and the Head of the Administration sign both copies of the documents and return them to this office. A copy of the Village's records will be forwarded after signature on behalf of the Minister. It would be prudent to authorize municipal acceptance with a By-Law. Once the terms and issues are agreed upon,a final agreement will be provided for Council's review and signature. • On the matter of the"excess"waterlot,we would appreciate being kept abreast of your discussions with the province(Ministry of Natural Resources). The"Agreement-in-Principle" has been drafted for either party assuming ownership. • The draft survey plan should be available for review prior to Christmas—we will provide the Village with a copy of the plan. • We understand that the Village had no comment regarding the environmental report that was provided recently. • We would welcome any comments you may have reg:urding the shoreline investigation report that was left with you during the meeting. • We will forward under separate cover a copy of the Harbour Authority framework for the management of harbours. As discussed,the model is not ideal for your situation but the information may help. We encourage you to contact other communities that have assumed ownership of their Small Craft Harbour(e.g.Port Rowan) for possible management models. ... 2 Canada DEC-0e-97 14 57 FROM: SMALL CRAFT HARBOURS 1D:905 639 5975 PACE 3/7 Members of Council Page 2 If you have any questions or require additional information,please do not hesitate to contact this office. Yours sincerely, D.G.Blanchard Director c.c.: Mr. G.Knutson,M.P. Government of Canada FISHERIES AND OCEANS CANADA AGREEMENT IN PRINCIPLE THIS AGREEMENT made as of the` day of . 1997. AMONG: HER MAJESTY THE QUEEN IN RIGHT OF CANADA represented by the Minister of Fisheries and Oceans(Hereinafter called"Fisheries and Oceans") OF THE FIRST PART -and- THE CORPORATION OF THE VILLAGE OF PORT BURWELL (Hereinafter called"Village") OF THE SECOND PART WHEREAS the federal real property more particularly described in Schedule'A'attached hereto is under the administration of Fisheries and Oceans; AND WHEREAS both Parties are desirous of entering into an agreunent with respect to the future ownership of the said federal real property; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements hereinafter contained,the Parties hereto agree as follows: 1. Fisheries and Oceans agrees to consider funding repairs to the harbour structures,as outlined below: (i) resurface the most northerly 82 metre section of the cast pier deck and side walls,complete with conduit placation for future lighting system as necessary; (ii) remove 24 timber pile clusters;piles to be cut at I.8 metres below current channel bottom; (iii) repair localized areas of west concrete breakwater; (iv) stabilize exposed timber crib at south end of west pier. 2. The Village,its successors and assigns agree to assume title to the federal real property and covenant to use the federal nal property as a public harbour providing uninterrupted access to the public for a period of five(5)years from the date of the transfer of title of the federal real property to the Village. 3. The Village,its successors and assigns covenant that if it,its successors and assigns cease to operate the federal real property as a public harbour as provided herein,or dispose of all or part of the federal real property within the covenant period or should the Village,its successors and assigns wish to have the restrictions removed from the transfer before the expiration of the covenant period,the Village,its successors and assigns shall pay a sum equivalent to the appraised market value at the time of transfer together with any other costs committed by Fisheries and Oceann. These figures will be provided in advance of the time of transfer. 4. The Village,its successors and assigns covenant for a period of five(5)years from the date of registration of this Transfer,to provide priority access to the public docking facility situate on the lands described herein for up to ten commercial fishing vessels at any one time during the period from March 1 to December 31 in each year for the purpose of loading,unloading and berthing. 5. The Village,its successors and assigns covenant for a period of five(5)years from the date of registration of this Transfer to charge the following rates to con emercial fishing vessels for the use of the public docking facility: Year 1 20%of that year's market value raze recreational vessels Year 2 40%of that year's market value late recreational nssels Year 3 60%of that year's market value rate recreational vessels Year 4 80%of that year's market value rate recreational weeels Year 5 100%of that year's market value rate recreational vessels 6. Transfer of title to the Village,its successors and assigns of that portion of the federal real property as shown dotted on the sketch attached as Schedule'A',is subject to the approval of the province. Inclusion of this parcel in the transfer described herein to the Village shall be determined between the province and the Village,its successors and assigns to resolve. 7. The Village,its successors and assigns shall not discriminate against any person by reason of race,colour or creed.in any manner whatsoever.pertaining to the operation of the public harbour. Public harbour. for all intent and purposes,shall mean the real property outlined on the property layout plan attached as Schedule'A'. 8. The Village,its successors and assigns aclarowledgcs and agrees that the transfer of title to the federal real property and improvements shall contain a covenant reflect ng clauses 2,3,4 and 5 of this agreement. 9. This Agreement shall be binding upon the Parties hereto and the it successors and assigns. IN WITNESS WHEREOF the parties hereto have hereunto affixed their respective corporate seals,attested by the hands of their respective officers duly authorized in that beim if as of the day and year first above written. SIGNED,SEALED AND DELIVERED THE CORPORATION OF THE VILLAGE PORT BURWELL Torn Nesbitt,REEVE CLERK HER MAJESTY THE QUEEN IN RIGHT OF CANADA represented by the Minister of Fisheries&Oceans D.G.Blanchard Director,Small Craft Harbours 4" ]HAUL C.AJ7 wMOVAS • K, CZNUM A!a MCC Kaon L. r .9" o r �, - 1 J. I MSW___ _______ V ... ... >av�r SS.a wool v :'-:. ae.�nla r rJia -.m wan 1..w.. J .,..LI Joncyti nate. JJ Sfu[1S7w�xw A.J1.JSa ri •t" \ `rimlvi Iwo. a / 1. NA MP Nave mgt. IltiM OM S •u�lu Y Q'C t+ OnortUlt.41 II UM Mifk NA U'ERO I A"F c M/A mil. SO 1r ] /,+�• 1m .v Form.AREA: II L114 • lir tlh - '! t awl nu 1 ...... '�1 .'s 16/l0/9J - J.O.C. 1710.01*- !K f / J/+N�y. • ' 21/10/97 - Nf.G. ... l'o 1 len "Urf 1 i 1 ; ';F!'"-----'-'-' i _ , . 1 i F-.....taaJlfl. f,. r.11.av it. I-.y. - � � � � // COUPLED PROPERTY .Mw *INA r-• • XA1./JIlC. IJP. ® LOW 2002/91 OVUM . 112a. I ... :.:to w j PORT @URWELL mum -- 1,-41 "' FR SUM AS PFR OI AA1 '"" 1718-P1C 1756 Schedule'A' For the purposes of this agreement,the layout plan attached is considered to comprise the federal real property holdings to be transferred to the Village. A legal plan of survey and property description are currently underway and are to replace and supersede the plan attached. The Corporation of the Village of Port Burwell. Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 97-22 Being a By-Law to amend By-Law 97-15,being a by- law to authorize the Reeve and the Acting Clerk to enter into a license agreement to operate a marina. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c.23, s. 54. AND WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to amend By-Law 97-15, being authorize the Reeve and the Acting Clerk to enter into a license agreement to operate a marina. The Council of the Village of Port Burwell hereby directs that Schedule "X' of By-Law 97-15 be amended as follows: 1.01 Terms Defined In this Agreement: "Licensed Premises"means the lands described in SK 1, including the area described as the Mack dock, forming part of this agreement and all buildings, boat slips, boat ramp, and all other improvements on those lands. 3.01 Term The Licensee shall have the right to use the licensed premises for and during the term which shall be for five months commencing June 1, 1997 to October 31, 1997. The Licensee shall have the first option to renew the licence agreement for an additional 2 years upon written request to council. Read a first and s-cond time this 23rd day of September, 1997. Reev= dr J AP &LLD Acting Clerk Read a t.. . timei. d '. .11y 0: sed this 23rd clay of September, 1997. APr eeve 94"P cling Clerk 2 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1T0 BY-LAW 97-23 Being a by-law to appoint an Acting Deputy Clerk. WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s. 73, p. 2, as amended provides that; The council may appoint a deputy clerk who shall have all the powers and duties of the clerk under this and every other Act. AND WHEREAS Council deems it expedient to appoint an Acting Deputy Clerk for a period of time as may be required in accordance to the position description attached hereto as Schedule "A", and the personnel agreement dated July 8, 1997, and; WHEREAS Donna Lamoure has agreed to perform the duties of Acting Deputy Clerk in accordance with provincial regulations, codes and Village By-Laws. THEREFORE Council enacts that Donna Lamoure be appointed as Acting Deputy Clerk reporting to the Administrator/Clerk-Treasurer. THIS by-law comes into effect on July 8, 1997. Read a first a.d second t' ,e this d. of July, 1997. /1. 1, Reeve Aet-- Adm' strator/Clerk-Treasurer Read a t d final t' , : this :th d, of July, 1997. IP .. � , . _ . Re- A‘:'n: trator/Clerk-Treasurer Schedule "A" Bylaw 97-23 VILLAGE OF PORT BURWELL POSITION DESCRIPTION DEPUTY CLERK Reports to: Administrator/Clerk-Treasurer Knowledge: Formal and education training in either of or a combination of business, municipal, public administration from a recognized college or university. Graduation from the AMCT program including Municipal Law coupled with municipal/management experience. Formal training in accounting procedures at the post secondary education level; moderate level computer skills including the use of word processing, data management, and computerized accounting software. Moderate level written and oral communications skills; well developed staff/public relations, communication and negotiating skills. Proven ability to coordinate staff and consultants in daily activities inclusive of special projects. Must be able to delegate responsibility and ensuring accountability. An innovative and decisive leader with high level organization, managerial and analytical skills. Ability to work with tact and discretion in a political environment. Good knowledge of provincial legislation and policies that affect municipal government, and a sound knowledge of contemporary municipal operating systems and procedures. Good knowledge of provincial legislation and policies that affect land use planning and development. 1 DCLRK.JDS Experience: Minimum of 2 years of senior management experience Previous municipal experience not necessary but an asset Previous Personal Computer experience inaccounting, word processing, data base systems Leadership: Supervises and coordinates all staff and department heads in concert with position descriptions keeping employee safety as a fore most concern. Engages and directs consultants and contractors (engineers, planners, lawyers etc.) with regard to specific activities and matters as required for the safe and effective operation of municipal services to the public and in the best interest of the corporation. Provides advise to council on policy and operational matters considering various complexities including legislation, legal obligations, bylaws and a fairness to the ratepayers. Initiative/Creativity: Adheres to Municipal Act, Public Utilities Act, and other legislation, by-laws and Council resolutions under the direction of Administrator/Clerk-Treasurer Exercises initiative and creativity in daily operation of office in order to accommodate requirements of public and various federal, provincial and municipal government agencies under the direction of Administrator/Clerk-Treasurer. Follows generally accepted engineering, planning, management, personnel, policy advisory and accounting principles under the direction of Administrator/Clerk- Treasurer. Develop bylaws and policies in conjunction with the requirements of Municipal Act and council in order to deliver fair and effective service to the public under the direction of Administrator/Clerk-Treasurer Acts as a general resource to public in regard to numerous issues on behalf of the municipality including issues as planning, property, tourism, recreation and culture. Preparation of letters and reports on behalf of council covering several topics including sensitive legal matters; public relations under the direction of Administrator/Clerk-Treasurer 2 DCLRK.JDS Contact: I. With Council and Committees discusses plans and policies for the municipality provides information, advice and guidance receives policy direction by by-law or resolution. 2. With Staff Provides administrative and control to ensure that Council and the public are properly served and that Council policy is carried out. 3. With Solicitor, Engineers, Planners, and Other Retained Services Maintains effective liaison and coordination on behalf of the Corporation. 4. With Provincial Ministries and Agencies Performs statutory duties per the various acts. Maintains awareness of legislative, policy and program changes. 5. With Other Municipalities and Associations Exchanges information and keeps informed of changes and trends in municipal government and systems 6. With Contractors and Suppliers Administers contracts under the authority of the financial procedures bylaws and policies under the direction of Administrator/Clerk- Treasurer. 7. With the Public and the Media 3 DCLRK.JDS Daily personal and telephone with public as follows; a. in collections on tax and water/sewer accounts. b. articulating municipal policies and procedures with the public, contractors, provincial and federal government agencies. c. disseminating municipal information (as permitted under the freedom of information legislation) to public and ratepayers. d. must have considerable tact required when dealing with the public. e. able to communicate to staff the requirements of council with respect to bylaws and specific requirements. f. provide clear, concise and non partisan statements to the media (newspaper, television and radio) on various events and issues within the municipality. g. assemble and distribute press releases under the direction of council and/or commensurate with local policies. h. write letters to various provincial, federal, municipal, special interest groups and individuals on behalf of the municipality concerning various topics and situations. Decision Making: Decisions are commensurate with authority as permitted under the Municipal Act, Other Provincial and Federal Legislation, local bylaws, municipal policies and practices under the direction of Administrator/Clerk-Treasurer 4 DCLRK.JDS Working Conditions: Works predominately in an environmentally controlled office at a desk using computers and standard office equipment. Travel to other communities in a personally or municipally owned vehicle to attend meetings and seminars on behalf of municipality. Municipal environment conditions that are subject to a high level of stress, interruptions, peak periods, and tight unyielding deadlines that are set by statute and shifting priorities; must be accessible to Council, other staff, provincial ministries and agencies, and the general public. Work is on an as required, when required basis. Effort: Mental and visual demands associated with office work High level of stress from complex multiple demands, multiple roles, new and unexpected problems and critical time deadlines for work performance Good physical condition to conduct inspections on various municipal systems. Responsibilities: Perform duties as permitted by law and as required commensurate with bylaws, legislation, policies and procedures as approved by council under the direction of Administrator/Clerk-Treasurer including but not limited to as follows; Deputy Clerk Performs the statutory and other duties of the Municipal Clerk as are set out in the Municipal Act and other Acts of the Legislature. Reviews all new and amended legislation that may apply to the Corporation, and advises Council of he potential impact of new legislation, regulation, policies and guidelines. Responsible for the preparation of agendas for Council and Committees including the organization of staff reports, draft resolution and by-laws. Responsible for the preparation of reports and minutes, resolutions, by-laws 5 DCLRK.JDS and correspondence arising from Council and Committee proceedings. Responsible for records management according to the Corporation's records retention/destruction by-law and administrates including the access to all documents in concert with FOI legislations and municipal policies inclusive of corporate files, correspondence, memoranda and reports under the direction of Administrator/Clerk-Treasurer. Responsible for the preparation and distribution of correspondence and reports. Assist with the conduct of municipal elections. �°i?R p Date jJt1 q/q7 onna Lamoure e.r`r Date ?? O 7 B 5 Davi ---.3 . Free Ad ivistrator/Clerk-Tre- - rex ..--- A 17 �►., A %i I,1 Date �� Tom .'41 essitt Re- 6 DCLRK.JDS VILLAGE OF PORT BURWELL, POSITION DESCRIPTION ADMINISTRATIVE ASSISTANT Reports to: Administrator/Clerk-Treasurer Knowledge: Knowledge of standard office practices &procedures Operation of a personal computer (associated software ie Lotus 123, Excel, Word Perfect, RMS, Newviews etc), able to maintain records management system, calculator and a vehicle since some travel is required Education: Minimum of Secondary School Education (College/University preferred) General Secretarial education/experience from a recognized program AMCT designation would be an asset however not necessary Experience: Minimum of 2 to 3 years office experience Previous municipal experience not necessary but is an asset Previous personal computer experience in a"Windows" environment required Leadership: None (directs staff through authority of supervisor) Initiative/Creativity: Adheres to Municipal Act and other legislation, by-laws and Council resolutions and direction of Administrative/Clerk-Treasurer and Deputy Treasurer Exercises initiative in daily operation of office Follows generally accepted office operating systems and procedures Monitors and improves efficiency and effectiveness of operating systems and procedures Contact: Daily personal and telephone contact with public as follows;. a. in receiving payments on tax and water/sewer accounts b. disseminating municipal information (as 1 ADMIN YDS permitted under the freedom of information legislation) to public and ratepayers c. provide assistance by directing the calls or taking messages from rate payers, contractors, general public, government municipal staff, Councilors, Board Members, Non Profit Housing Corporation tenants d. must have considerable tact required when dealing with the ratepayers public, contractors, suppliers, Board Members, and the tenants of the Port Burwell Non Profit Housing Corporation. Decision Making: Decisions are required commensurate with authority delegated by the Administrator/Clerk-Treasurer on office systems, policies and procedures by-laws including records management, bookkeeping and administrative matters Working Conditions: Works a minimum of 9:00 am to 5:00 pm (7 hours) daily with hours increasing as necessary in order to meet the requirements of the position and the deadlines as established by the Administrator/Clerk- Treasurer. Must be able to attend night meetings as deemed necessary by the Administrator/Clerk-Treasurer. Duties predominately in municipal office however, may require time in other locations and facilities throughout the municipality commensurate with the Administrative Assistant duties as described herein. Availability for overtime as required. 2 ADMIN.JDS Effort: Mental and visual demands associated with office work including stress from multiple demands, multiple roles, new and unexpected problems and critical time deadlines for work performance Responsibilities: Perform duties as directed by Administrator/Clerk-Treasurer including but not limited to as follows; 1. Provides administrative support to Administrator/Clerk-Treasurer, Councilors and other staff as required by typing all correspondence, dictation, reports, documents, statistical statements and other material. 2. Organizes and maintains Municipal records management system (physical and computer system) in accordance to Procedures Manuals. 3. Assists Administrator/Clerk-Treasurer by preparing and circulating agendas, listing and attaching correspondence and reports and distributing to the members of Council, Boards, Housing Corporation and the media. 4. Assists Administrator/Clerk-Treasurer, Municipal Boards and Port Burwell Non Profit Housing Corporation by preparing bylaws, resolutions, draft minutes and circulation of approved minutes to various sources. 5. Receives calls and visitors for the Administrator/Clerk-Treasurer, providing information, if possible, when Administrator/Clerk-Treasurer is not available. 6. Maintains a calendar of meetings scheduled for the Administrator/Clerk-Treasurer and carrying out any arrangements required. 7. Responsible to provide all services at the customer service desk on a continuing basis including the greeting of visitors, initial responses to inquiries, collection of payments, issuing of permits and licenses where required. 8. Acts as initial contact on the telephone ensuring calls are addressed by taking messages or directing to the appropriate departments and taking appropriate action on own commensurate with knowledge, experience and as previously delegated where required. 9. Types correspondence, reports, documents, statistical statements and other material on personal computer, ensuring accuracy and adherence to prescribed format. 3 ADMIN.JDS 10. Provides clerical accounting assistance to the Secretary-Bookkeeper as required on the accounts payable, accounts receivable and general ledger. Prepares and delivers all daily bank deposits. 11. Provides clerical accounting functions by assisting the Administrator/Clerk-Treasurer and the Secretary-Bookkeeper as required for data entry. 12. Provides clerical accounting assistance-to the Secretary-Bookkeeper as required for work reports and payroll. 13. Tales calls and inquiries from tenants and contractors in regard to the Port Burwell Non Profit Housing Corporation responding in accordance to Rules and Regulations and Standard Procedures in the efficient and effective operation of the Housing Project. 14. Reviews daily mail and distributes accordingly to departments/staff/councilors on a need-to-know basis. 15. Reviews daily newspapers for pertinent clippings to maintain up-to-date files and scrapbook. 16. Responsible.to provide building opening and/or closing functions depending on work schedule. 17. Performs all other duties as assigned by supervisor. I hereby acknowledge the details of the Position Description for Administrative Assistant employed with the Village of Port Burwell .� •1110-44/ Date �(11r/ ,1g7j I onna Lamoure • Date 1 9 llavid R. Free Administrative/Clerk-Treasurer 4 ADMIN.JDS of PoFir st,,9� THE CORPORATION OF THE 411111111!1111111k VILLAGE OF PORT BURWELL P.O.Box 10,Port Burwell,Ontario NOJ ITO 4110=! ik telephone (519) 874-4343 • fax(519) 874-4948 =%ftliki home page:http://www-kanservu.ca.burwell 40461, 1 PORTUS REFUGIUN' Deputy Clerk Appointment July 9, 1997 FORM 4 (Section 94 (2)) DECLARATION OF APPOINTED OFFICE I, Donna Jean Lamoure do solemnly promise and declare that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office of Deputy Clerk, that I will truly, faithfully and impartially, to the best of my knowledge and ability, execute the office to which I have been appointed in this municipality, that I have not received and will not receive any payment or reward, or promise thereof, of the exercise of any partiality or malversation or other undue execution of such offices and that I have not by myself or partner, either directly or indirectly, any interest in any contract with or on behalf of the corporation except that arising out of my office as deputy clerk. Donna Jean Lamoure R. Free, CET, AMCT Deputy Clerk a Corn .sioner, etc., Administrator/ Village of Port Burwell Cler;- reasurer of the Corporation of the Village of Port Burwell Date: `jPJ97 David R.Free,CET,AMCT• Administrator/Clerk-Treasurer of. PaRT e�,9 THE CORPORATION OF THE - VILLAGE OF PORT BURWELL =� P.O.Box 10,Port Burwell,Ontario NOJ ITO mitft„ittelephone (519) 874-4343 fax (519) 874-4948 =% home page:http://www-kanservu.ca.burwell 041ritall0 FORMS REFUGI- July 9, 1997 = '�-"` AL Ms. Donna Lamoure p, � y 4;4 RSA 1920 Post Office Box #29 Port Burwell ON NOJ ITO Dear Ms. Lamoure This letter is the Corporation of the Village of Port Burwell's formal confirmation of additional responsibilities of Deputy Clerk including Administrative Assistant. The terms of employment are listed as follows: Supervisor David Free Positions Descriptions As attached Start Date April 9, 1997 (Temporary Assignment to September 30, 1997 or as a date to be set by Supervisor) Remuneration Salaried Rate of Remuneration $26,517.40 per annum Probationary Period Not Applicable Payment Weekly Hours of Work Daily 9:0Oa.m. to 12:OOp.m. and 1:OOp.m. to 5:00p.m. Monday through to and including Friday Overtime Council meetings and authorize by supervisor Vacation 2 weeks for the first 2 years of employment and 3 weeks thereafter Benefits The municipality will cover 50% of the cost of the comprehensive benefit package which include life insurance (2x your annual salary), intermediate dental coverage, long & short term disability and drug coverage Description of Work to be Performed. Administrative Assistant - In accordance to Position Description Attached Deputy Clerk - In accordance to the Position Description Attached 1 David R.Free,CET,AMCT • Administrator/Clerk-Treasurer The Corporation of the Village of Port Burwell hereby agrees to the terms and description as described in this letter and consents to the terms by the signature of the Administrator/Clerk- Treasurer as follows: The employer, the Corporation of the Village of Port Burwell dated July 9, 1997 av!/rte Free, CET, AMCT Ad /nistrator/Clerk-Treasurer The employee, Donna Lamoure dated July 9, 1997 "1/ Donna Lamoure Witnessed and dated July 9, 1997 C(://elattri Ed Roloson 2 The Corporation of the Village of Port Burwell. Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 97-24 Being a By-Law to authorize the municipality to enter into a licence agreement with the Jennifer Hackman the operation of a mobile food cart in the Museum Parking Lot. WHEREAS the Municipal Act, R.S.O., c. M.45, s. 236 (17) permits a municipality to charge a fixed fee license requiring transient traders and other persons who so offer goods, wares or merchandise for sale, and; AND WHEREAS the Municipality has deemed it necessary to enter into a licence agreement with Amy Hackman to operate a mobile food cart for the sale of food located on the area known as the Museum Parking Lot as indicated in Schedule "A" attached to this agreement. The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to ratify a licence agreement described as Schedule "B"between the Municipality and Amy Hackman commencing July 1, 1997 ending September 30, 1997. Read a fi and sec.is time th.: 12th day of August, 1997. 14 Ali Pe aid Jr' Re-,e Am) 4cArt eptt) Ck i t Read a thin 's re and 'n. il pa.;-ed is 12th clay of August, 1997. v Reeve , / lip4 . lt, _ Clck 1 The Corporation of the Village of Port Burwell Post Office Box 10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 By-Law 97-25 Being a By-law to establish schedules of retention periods for documents, records and other papers of the municipality. WHEREAS Section 116 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, provides that a municipality may pass a by-law, approved by the auditor of the municipality, establishing schedules of retention periods during which the receipts, vouchers, instruments, rolls or other documents, records and papers must be kept by the municipality. THEREFORE the Council of the Village of Port Burwell hereby enacts as follows: 1. THAT the retention periods for the records of the Village of Port Burwell and its local boards as outlined in Schedule A attached hereto and forming part of this by-law and in accordance with the classification codes as provided within the Ontario Municipal Records Management System are hereby adopted and established as the retention periods for such records. 2. THAT the retention periods for the records of the Port Burwell Non-Profit Housing Corporation as outlined in Schedule B attached hereto and forming part of this by-law and in accordance with the classification codes as provided within the Ontario Municipal Records Management System are hereby adopted and established as the retention periods for such records. 2. THAT the Administrator/Clerk-Treasurer, his or her designate, or as otherwise provided herein is hereby granted authority to destroy all of the documents herein, provided they have been retained until at least December 31st of the last year of the retention period as outlined in Schedules A & B of this by-law. 3. THAT all receipts, vouchers, instruments, rolls and other documents, records and papers shall be retained in safe and secure locations for periods according to Schedules A& B. 4. THAT the retention of any or all receipts, vouchers, instruments, rolls and other documents, records and papers may be by means of photographing onto archival quality microfilm, after the testing of which the original documents may be destroyed as provided herein. 5. THIS by-law is to be construed as permissive and not mandatory. In the event of any conflict between this by-law and any statute or regulation of the Government of Canada or the Government of Ontario or other governments or agencies having jurisdiction without limiting the generality of the foregoing, to include The Income Tax Act; Section 11 of the Employment Standards Act, R.S.O. 1990, Chapter E.14; and the Municipal Elections Act, such statute or regulation shall prevail. If changes in the acts or other factors cause the retention of any documents or records beyond the periods stipulated in this by-law to be required or to be expedient, then such documents or records shall be retained according to such requirements or according to their importance or significance. 6. WHEN records have been destroyed under this by-law, the Administrator/Clerk-Treasurer shall so certify in writing. Such certificate shall refer to the relevant schedule and item of this by-law and shall identify records destroyed. THIS by-law shall not take effect until the auditors of the Corporation of the Village of Port Burwell have approved this by-law by endorsing their name at the end thereof. THIS by-law repeals all previous by-laws per-Laird-rig to the retention of municipal documents. This by-law read a first and s d time this 2th day of August, 1997. Tom esbi , eev �` " 1 j �� O //din •� & i (kr. This by-law read a third time and finally pass", this 12th clay of August, 1997. figi Tom Nesbir; -eve 4/./Afa / A: s Al I: 4,'. ■. Auditor's Approval T hereby approve of the above by-law, By-Law 97-25, passed by the Council of the Village of Port Burwell on the 12th day of August, 1997 pursuant to Section 116 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended. raK , Brian Budarick, Chartered Accountant The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 97-26 Being a By-Law to authorize the Reeve and the Acting Clerk to enter into a Site Plan Agreement with Richard & Bertha Breen for the development of an Ice Cream Parlour at 38 Robinson Street. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102, as amended, provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct Of its members as may be deemed expedient and are not contrary to law. and; WHEREAS the Council of the Village of Port Burwell deems it necessary to enter into a Site Plan Agreement with Richard & Bertha Breen for the development of an Ice Cream Parlour at 38 Robinson Street, Village of Port Burwell. The Council of the Village of Port Burwell hereby directs the Reeve and Acting Clerk to execute the attached Site Plan Agreement with Richard & Bertha Breen. Read a first and'end time this 29 day of December, 1997 /Ar1141: .&14 Reeve/ Acting Clerk Read a thi . !d y .:ss:if.tbis 29th day of December, 1997. 01311 4 �, MP"' Acting Clerk The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 97-27 Being a By-Law to authorize the Reeve and the Acting Clerk to enter into an Agreement with Ed Matthews Carpentry for Renovations to the Firehall. WHEREAS the Municipal Act RSO 1990 c. M.45 Section. 102, as amended, provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. and; WHEREAS the Council of the Village of Port Burwell deems it necessary to enter into an Agreement with Ed Matthews Carpentry to provide services for the renovation of the Firehall. The Council of the Village of Port Burwell hereby directs the Reeve and Acting Clerk to execute the attached agreement with Ed Matthews Carpentry. Read a first an cond time this 9th day of December, 1997. 41 e "---?ert Act`m<Clerk Read a third time an ' ally passed thi; 9th day of December, 1997. "kr .Aid) eve w Ac mg Clerk AGREEMENT THIS AGREEMENT made in duplicate this 9th day of December, 1997. BETWEEN ED MATTHEWS CARPENTRY of Port Burwell in the County of Elgin and Province of Ontario. Hereinafter call the "Contractor" THE PARTY OF THE FIRST PART and THE CORPORATION OF THE VILLAGE OF PORT BURWELL hereinafter called the "Municipality" THE PARTY OF THE SECOND PART WITNESSETH, that the party of the first part, for and in consideration of the payment or payments specified in the Tender for this work, hereby agrees to furnish all necessary machinery, tools, equipment, supplies, labour and other means of construction and, to the satisfaction of the Engineer, to do all the work as described hereafter, furnish all the materials except as herein otherwise specified, and to complete such works in strict accordance with the plans, specifications and Tender therefore, which are identified and acknowledged in the Schedule of Provisions, Plans, Specifications and Conditions attached to the Tender and all of which are to be read herewith and form part of this present Agreement as fully and completely to all intents and purposes as though all the stipulations hereof have been embodied herein. DESCRIPTION OF WORK Exterior 1. Remove old and install two new insulated roll up doors with windows and wood frames (lower area). 2. Adjust upper three roll up doors and install weatherstripping. 3. Remove old and install three new steel insulated passage doors with frames and weatherstripping. 3. Remove old and install one new vinyl replacement window capable of housing the existing air conditioner. 4. Remove old and install three new vinyl replacement windows in main hall area (east side) 5. Remove old and install three new vinyl replacement slider windows lower hall area (south side) 6. Siding finish above lower two roll up doors (east side) 7. Siding of west gable. 8. Continuous vented soffit (south side) 9. Remove old and install new shingles and starter strip on entire north portion of building and south portion of west storage bay (shingles provided by fire hall). 10. Remove old door in furnace room (west side) and completely concrete block in the opening. 11. Remove old and install new dusk to dawn lights (east and north sides). Interior 1. Install new washroom and shower unit including all necessary plumbing off of radio room. Shower stall to be of 8inch concrete block with two shower heads and upper light fixture. Washroom to receive a single toilet and a single sink vanity. 2. Install a 2x4 framed dry walled partition between radio room and west bay. Partition to be 8ft in height with tapped, finished and painted drywall—color white. 3. Remove washroom in lower area. Plumbing from new washroom and shower to be tied into old washroom. Move three compartment stainless steel sink to same area and supply plumbing. 4. Repair insulation and completely vapour barrier and drywall lower bay ceiling. Drywall to be tapped, finished and painted—color white. IN CONSIDERATION WHEREOF, Said party of the second part agrees to pay the Contractor for all work done, the unit prices on the Tender for a fixed amount of$34,000. This agreement shall ensure to the benefit of and the binding upon the heirs, executors, administrators and assigns of the parties hereto. IN WITNESS, WHEREOF, the Contractor and the Municipality have hereunto signed their names and set their seals on the day first above written. R� 7 Signature of Corporation Signature of Contractor or witnesses Er position held Seal of the Corporation Corporation of the Village of Port Burwell Post Office Box #10, 21 Pitt Street Port Burwell ON NOJ 1T0 Re e Seal of the Municipal Corporation ‘...„..->-3d:1111` -t Acting Clerk The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 97-29 Being a By-Law to authorize the Reeve and the Administrator/Clerk- Treasurer to enter into an agreement with Totten, Sims, Hubicki Associates, for consulting services for repairs and renovations to the Port Burwell Fireball. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c.23, s. 54, and; WHEREAS in an effort to repair and renovate the Port Burwell Fireball in order to comply with Occupational Health & Safety Standards and the Ministry of Labour, and; WHEREAS the Council of the Corporation of the Village of Port Burwell deems it necessary to enter into an agreement with Totten, Sims, Hubicki Associates, for consulting services for repairs and renovations to the Port Burwell Firehall The Council of the Village of Port Burwell hereby directs the Reeve and Administrator/Clerk- Treasurer to enter into an agreement for Architectural Services attached hereto as Schedule "A"with Totten, Sims, Hubicki Associates. Read a firs second F e • is th day of August, 1997. Re- rr► • , - . ._ . IP 1 Read a third tim- . .d :. . y passe..this 12th day of August, 1997. Reeve j•_oI1 t L .r<d. t • Celt e 2 The Corporation of the Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 97-30 Being a By-Law to authorize the Administrator/Clerk-Treasurer to execute the Assignment of Agreement with Regional Cable T.V. Inc. WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c.23, s. 54, and; WHEREAS the Village of Port Burwell passed By-Law 95-17, being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a Land Lease Agreement with Regional Cable TV Systems; and, WHEREAS at the request of AGI Cablevision Inc. the Village of Port Burwell deems it necessary to transfer the executed agreement from Regional Cable TV to AGI Cablevision Incorporated. The Council of the Village of Port Burwell hereby directs the Administrator/Cleriz-Treasurer to execute the Assignment of Agreement attached hereto as Schedule "A". Read a first . secon� ime this, /th day of August, 1997. /�` /14:f R rty hi '! . :P. Read a third- e . d c!. jp :sed this 12th day of August, 1997. 7 Re- Ath )p d Clerk The Corporation of the Village of Port Burwell. Post Office Box #10 21 Pitt Street Port Burwell, Ontario By-Law 97-31 Being a By-Law to authorize the Acting Deputy Clerk to execute the Assignment of Lease between Regional Cable TV Inc. and AGI Cablevision Inc. and the Village of Port Burwell WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c.23, s. 54, and; WHEREAS the Village of Port Burwell passed By-Law 95-17, being a By-Law to authorize the Reeve and the Administrator/Clerk-Treasurer to enter into a Land Lease Agreement with Regional Cable TV Systems; and, WHEREAS the Village of Port Burwell passed By-Law 97-30, Being a By-Law to authorize the Administrator/Clerk-Treasurer to execute the Assignment of Agreement with Regional Cable T.V. Inc.; and WHEREAS at the request of AGI Cablevision Inc. the Village of Port Burwell deems it necessary to execute the assignment of lease from Regional Cable TV to AGI Cablevision Incorporated. The Council of the Village of Port Burwell hereby directs the Acting Deputy Clerk to execute the Assignment of Lease attached hereto as Schedule "A". Read a first and -cond e .'- 9th ay of September, 1997. R-.- e Acting Deputy Clerk Read a third ti . :rid fin. ' pazsed is 9th day of September, 1997. dri i� iff Reeve X1.4 Acting Deputy Clerk The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW 97-32 Being a by-law to appoint an Acting Clerk WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s. 73, p. 3, as amended provides that; When the office of clerk is vacant...p, the council may appoint a temporary acting clerk who shall have all the powers of the clerk under this and every other act. AND WHEREAS the position of clerk is vacant; AND WHEREAS Council deems it expedient to appoint an Acting Clerk for a period of time as may be required in accordance to the position description attached hereto as Schedule "A', and; WHEREAS Donna Lamoure has agreed to perform the duties of Acting Clerk in accordance with provincial regulations, codes and Village By-Laws. THEREFORE Council enacts that Donna Lamoure be appointed as Acting Clerk reporting to the Council of the Village of Port Burwell. THIS by-law comes into effect on September 10, 1997 Read a first and second time this 10th day of September, 1997. ReeveZ/ V-4(‘:4r/e Cl'e Read a third . - final-Lim: this 10th day of September, 1997. Ailed Re:'-e r.? I C el fk The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO BY-LAW 97-33 Being a by-law to appoint an Acting Treasurer. WHEREAS the Municipal Act R.S.O. 1990, c. M.45, s. 77 p. 3, as amended provides that; When the office of treasurer is vacant ..., the council may appoint a temporary treasurer who shall have all the powers of the treasurer under this and every other act. AND WHEREAS the position of Treasurer is vacant; AND WHEREAS Council deems it expedient to appoint an Acting Treasurer for a period of time as may be required in accordance to the position description attached hereto as Schedule "A", and; AND WHEREAS Suzanna Dieleman Mantel, CGA has agreed to perform the duties of Acting Treasurer in accordance with provincial regulations, codes and Village By-Laws, NOW THEREFORE Council enacts that Suzanna Dieleman Mantel, CGA be appointed as Acting Treasurer reporting to the Council of the Village of Port Burwell. THIS by-law comes into effect on September 10, 1997. Read a first and se.3nd ti. . this 10th day of September, 1997. A f , y Reeve a Clerk 1 Read a third and final time this 10th day of September, 1997. Reeve Clerk 2 The Corporation of the Village of Port Burwell PO Box 10 21 Pitt Street Port Burwell ON NOJ 1TO By-Law 97-34 Being a by-law to amend by-law 95-59, being a by-law to establish bookkeeping policies. WHEREAS the MUNICIPAL ACT, R.S.O. 1990, Chap. M.45 s.79 as amended provides; The treasurer shall receive and safely keep all money of the corporation, and shall pay out the same to such persons and in such manner as the laws of Ontario and the by-laws or resolutions of the council direct, and every cheque issued by the treasurer shall be signed by the treasurer and by some other person designated for the purpose by by-law or resolution of the council. AND WHEREAS the Council of the Village of Port Burwell has passed bylaw 95-59 being a bylaw prescribing the method to receive and take care of and disburse money, etc including the signing cheques. NOW THEREFORE the Council of the Corporation of the Village of Port Burwell amends bylaw 95-59 to read as follows: 2.0 The Acting Treasurer or his or her designate shall sign all cheques and the Reeve as the member of Council be authorized to sign cheques on behalf of the municipality. THIS by-law comes into effect on September 10, 1997. Read a first and second time this 10th day of September, 1997. Reev i�rt,rrac r.P Cler, • Read a third and final ti u - this 10th day of September, 1997. / / II i Reeve — { 2 / Cie- - /6eall '19 r- fi.___Icoi-). Village of Port Burwell $ . Iti 16 Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 97-35 Being a by-law to amend by-law 95-20 being a by-law to establish a procedure governing the sale of real property. WHEREAS the Municipal Act, RSO 1990, s. 193 p. 2 requires that every Council with authority to sell or otherwise dispose of real property shall by by-law establish procedures governing the sale of real property; and WHEREAS the Council of the Village of Port Burwell wishes to pursue alternative methods of selling municipal property; NOW THEREFORE, the Municipal Council of the Corporation of the Village of Port Burwell amends by-law 95-20 by replacing the original Schedule "A" with the attached Schedule "A". Read a first and second . e this 23th day of September, 1997. ifi / Wil`_/_. _/,17 Re 1 A fit i_414_21 Cler- Read a third a. , final time this 23th day of September 1997. t *JCA G _ -. _ y Re- 1 .:,:,,ei...t..a Cler, Schedule "A" By-Law 95-20 Procedure - Sale of Real Property 1. Obtain approval from any other agencies involved, if necessary. 2. Obtain a survey of the real property proposed to be disposed of from an independent surveyor in accordance with the laws of the Province of Ontario if deemed appropriate. 3. Obtain an appraisal of the real property proposed to be disposed of from an independent qualified appraiser who shall: 1) be a registered member in good standing of the Appraisal Institute of Canada, ii) not be directly connected with any real estate brokerage firm, ie a real estate agent, and iii) conduct business primarily in or near the local municipality where the proposed property to be disposed of is located. 4. Should the method be to sell the property by tender or request for quotations: i) costs incurred or required to dispose of the proposed real property including legal fees, survey, appraisal, encumbrances, advertising, improvement etc. shall be established ii) an estimated bid amount shall be established which shall be based upon the appraised value and shall be increased to include the amount of the costs referred to in clause 4(i) above iii) an advertisement shall be placed in local newspapers having general circulation in the Village of Port Burwell and which are intended to provide coverage throughout the entire geographic area of the Village of Port Burwell. Advertisements in the newspapers outside the Village of Port Burwell shall be at the discretion of Council. The advertisement shall include a brief description of the property, including a small location sketch and shall specify the dates involved with the sale. iv) the tender or quotation documents shall be submitted to the Village Administrator/Clerk-Treasurer and shall include the statement that "the highest or any offer may not necessarily be accepted" v) the newspaper advertisement shall provide a minimum of three full calendar weeks from the time it appears in the newspaper until the final sale is recommended to Council. 5. Should the method be to engage a real estate firm or broker: i) an appropriate advertisement shall be placed in a newspaper having general circulation in the area where the property is located. Advertisements in any other newspapers shall be at the discretion of the Council. The advertisement shall include a brief description of the property, including a small location sketch. ii) the Offers to Purchase shall be submitted to the Clerk on behalf of Council. iii) the Council shall determine by request for quotations the real estate commission payable by the municipality. 6. Should an alternative method be determined by Council: i) an appropriate advertisement shall be placed in a newspaper having general circulation in the area where the property is located. Advertisements in any other newspapers shall be at the discretion of the Council. The advertisement shall include a brief description of the property, including a small location sketch. ii) the Offers to Purchase shall be submitted to the Clerk on behalf of Council. 7 After issuing a public notice as required in the Act, Council may offer the surplus property to the abutting land owner. Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ 1T0 BY-LAW 97-36 Being a by-law to establish rates of remuneration for the Acting Clerk and Acting Treasurer WHEREAS the Municipal Act RSO 1990 c. M.45 Section 102 provides that every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law. 1994, c.23, s. 54, and; WHEREAS the Council of the Village of Port Burwell has recently appointed an Acting Clerk and an Acting Treasurer, and; WHEREAS the Council of the Village of Port Btu-well has previously adopted a Salary Administration System; NOW THEREFORE, the Council of the Corporation of the Village of Port Burwell directs the Treasurer to make payment to the Acting Clerk at the rate stipulated for Grade 6, Base rate and to make payment to the Acting Treasurer at the rate stipulated for Grade 6, Base rate. These rates are effective retroactively to September 11, 1997. Read a first and second ti n e this 23th day of September, 1997. `! .1AILAAlk Reeve Clerk 1 Read a third and final time this 23th day of September 1997. �li/ / 1 ,a 1_ _.e Reeve 7 j,'%r I. / Cle . 2 Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ ITo BY-LAW 97-37 Being a by-law to appoint a Building Inspector and a Plumbing Inspector. WHEREAS Chapter B. 13, s. 3, p. 3, R.S.O. 1990, as amended of the Building Code Act states that Councils of two or more municipalities may enter into an agreement for the following: a) providing for the joint enforcement of this Act within their respective municipalities; b) providing for the sharing of costs incurred in the enforcement of this Act within their respective municipalities; and c) providing for the appointment of a chief building official and inspectors, and, while the agreement is in effect, the municipalities have joint jurisdiction in the area comprising the municipalities; and, WHEREAS Council deems it expedient to appoint an alternate Building Inspector and Plumbing Inspector, in accordance with part (c) s.3, p.3 of the Act, to perform the required duties in the absence of the Village of Port Burwell's Chief Building Official Ed Roloson and; WHEREAS Dwayne Daniel has agreed to perform these functions on an as needed basis in the absence of the Village of Port Burwell's Chief Building Official Ed Roloson in accordance with provincial regulations, codes and Village By-Laws. THEREFORE Council enacts that Dwayne Daniel be appointed at a rate of $35.00 per hour. THIS by-law comes into effect on the date of passing. 1 Read a first and second time thisth day of October, 1997. /24 AT , . ,! / i Reeve Zez1 .,—," Acting erh Read a third and final time this 14th clay of October, 1997. ---7 -7‘4 /a /;:e Reeve C 4%,r/y/0_4_1_1 . A mg Clerk 2 Village of Port Burwell Post Office Box #10 21 Pitt Street Port Burwell, Ontario NOJ ITO BY-LAW 97-38 Being a by-law authorizing the Corporation of the Village of Port Burwell to enter into two (2) Option Agreements to grant an easement and right-of-way with Pembina Exploration Limited across lands of the former Canadian Pacific (Port Burwell Subdivision) Railway right-of-way known as the Otter Valley Utility Corridor and Recreation Trail. WHEREAS the Corporation of the Village of Port Burwell and the Corporation of the Town of Tillsonburg have jointly signed a Memorandum of Understanding under date of October 1, 1996 with respect to the purchase, operation, development and management of the former Canadian Pacific, Port Burwell Subdivision Railway for the purpose of a utility corridor and recreation trail. AND WHEREAS the lands subject to the said Memorandum were jointly purchased by the two municipalities on February 6, 1997. AND WHEREAS the said Memorandum provided for the entering into of an Intermunicipal Agreement. AND WHEREAS it is deemed necessary to enter into two (2) Option Agreements to grant an easement and right-of-way with Pembina Exploration Limited. BE IT THEREFORE ENACTED by the Council of the Corporation of the Village of Port Burwell as follows: 1. That an Option Agreement to grant easement and right-of-way between the Corporation of the Village of Port Burwell and Pembina Exploration Limited for the operation of a pipeline across the former Canadian Pacific, Port Burwell Subdivision, Railway, known as Otter Valley Utility Corridor and Recreation Trail, annexed as Schedule '.A."through the Townsbip of Bayham (County of the Elgin and the Village of Port Burwell, Township of Bayham (County of Elgin), is hereby approved; 2. That an Option Agreement to grant easement and right-of-way between the Corporation of the Village of Port Burwell and Pembina Exploration Limited for the operation of a pipeline across the former Canadian Pacific, Port Burwell Subdivision, Railway, known as Otter Valley Utility Corridor and Recreation Trail, annexed as Schedule 'B'through the Township of Bayham (County of Elgin) Township of Norfolk (Regional Municipality of Haldimand- Norfolk, Township of Middleton (Regional Municipality of Haldimand-Norfolk), is hereby approved; 3. That the Reeve and the Acting Clerk are hereby authorized to sign and execute the said agreements; 4. This By-Law shall come into full force upon enactment. Read a first and sccon. ime this 29th day of October, 1997. 1 r ,i / A If Reeve `The Aeg Clerk Read a third and final inn. ...s 29th d., of October, 1997. kr 1L_�►1 A+ 1 Reeve ! L (... (e/ ()A II ' Acting Clerk 2 Prim/ince DocumentNI General Ontario Form 4---Land Registration Act,1484 D a.. (1) Registry ® Land Titles ❑ (2)Page 1 of pages (3)Property Block Property Additional Identifier(s) See Schedule fl (4)Nature of Document OPTION AGREEMENT TO GRANT EASEMENT AND RIGHT OF WAY >- (5)Consideration o TEN THOUSAND--- ---Dollars$10,000.00 w ca a (6)Description w U LT. In the Zbwrstip of Bayhan in the Canty of Elgin and in the 0 ibinship of Norfolk, in the Ragicra1 Muni.ciEal.ity of = •i _ • • r• o in the Gacgrwhic Itrianehip of Middletcnr in the Oxnty of Norfolk, various Lots and Caloassiaisr arae particularly describe in Szhel3ale "A" attached hereto. New Property Identifiers Additional See Schedule ❑ I Executions III1 Additional (7) This (a) Redescription (b)Schedule for: 1'1 See -Document New Easement Additional I II ii Schedule Cj Contains: Plan/Sketch ❑ Description n Parties M Other A (8)This Document provides as follows: Continued on Schedule U (9)This Document relates to instrument number(s) ' (10)Party(les)(Set out Status or Interest) Names Signature(s) / / / Date of Signature Y M D THE CORPORATION OF THE VILLAGE OF"PORIr BURWELLL if . Cn. tG A... Grantor _s s . . ' ticliX14 Licit (11)Address �J For Service Box 10, 21 Pitt Street, Port Burwell, Ontario NOJ 1TO (12)Party(les)(Set out Status or interest) Names Signature(s) Dale of Signature Y M 0 PEMBINA EXPLORATION LIMITED Le g`. " urden, Maiiapr Land Negotiations Nazarchuler••Manager. Grantee Land Administration and Contracts (13)Address For Service P.O. Box 1948, 707-8th Avenue S.W., Calgary, Alberta T2P 2M7 J (14)Municipal Address of Property (15)Document Prepared by: 'III Fees and Tax Unknown z' Registration Fee 0 Ui Elexco Ltd. En 555 Southdale Rd. E. w; London,Ontario N6E IA2 0 ce Our File No. 070195-5 „_I Total el! Province Schedule EL-00e of Ontario Form 5—Land Registration Reform Act,1984 Page f Additional Property Identifler(s)and/or Other Information (10) ADDITIONAL PARTY(IES) Name(s) Signature(s) Date of Signature Y M D / 97 10 17 THE CORPORATION OF THE TOWN �— ay' or Cam lac gh;- OF TILLSONBURG �� 7 10 17 Davi.' orris, C erk-Administrator 1 I I I l I I I - -t - -I (11) Address for Service Town Centre Mall, 2nd Floor, Ste. 204, 200 Broadway, Tillsonburg, Ontario N4G 5A7 (10) ADDITIONAL PARTY(IES) Name(s) Signature(s) Date of Signature Garp-OAlkn Y M D /67a al (C Pei . j I I I kms, - . A-}kcevse � I S.-. ,n a Q e 1c 4)-9 aorna_ tk) Cleft ! J (11) Address for Service (10) ADDITIONAL PARTY(IES) Name(s) Signature(s) Date of Signature Y M D I I I I I I I I I 1 I I I I I J I I I I(11) Address for Service LL O cc �w 0� OIII1 1fn17A 117lAA1 OPTION AGREEMENT TO GRANT EASEMENT AND RIGHT-OF-WAY THIS AGREEMENT made this 2 Sday of 19 ., 4,/," BETWEEN THE CORPORATION OF THE VILLAGE OF PORT BURWELL, a corporation incorporated pursuant to the laws of the Province of Ontario and THE CORPORATION OF THE TOWN OF TILLSONBURG,a corporation incorporated pursuant to the laws of the Province of Ontario (hereinafter called the "Grantor") OF THE FIRST PART - and - PEMBINA EXPLORATION LIMITED,a body corporate,with its Head Office at the City of Calgary, in the Province of Alberta, incorporated under the laws of the Province of Alberta (hereinafter called the "Grantee") OF THE SECOND PART WHEREAS the Grantor is the registered owner, subject to registered and unregistered encumbrances, liens and interests, of lands situate, lying and being in the Township of Bayham, in the County of Elgin, and in the Township of Norfolk (in the Geographic Township of Middleton), in the Regional Municipality of Haldimand-Norfolk (formerly the County of Norfolk), all in the Province of Ontario pursuant to Deed registered in the Registry Office for the Registry Division of the County of Elgin (No. 11) on February 6, 1997, as Instrument No. 375323 and registered in the Registry Office for the Registry Division of Norfolk (No. 37) on February 6, 1997, as Instrument No. 522431, being more particularly described in Schedule "A" attached hereto, (hereinafter referred to as the "Grantor's Lands"). In consideration of the sum of Ten Thousand Dollars ($10,000.00) paid to the Grantor by the Grantee, the receipt of which the Grantor hereby acknowledges,the Grantor hereby gives to the Grantee an option irrevocable for a period of five (5) years from the date hereof, subject to the provisions for extension set out herein, for acceptance to purchase, in consideration of the covenants and conditions hereinafter provided to be kept and performed by the Grantee, the right, liberty, privilege and easement to use that portion of the Grantor's Lands, being a right-of-way and/or easement in perpetuity in, on, over, under, and/or through a strip of land Twenty(20.0) feet in width being hereinafter called the "Easement Lands", subject to registered and unregistered encumbrances, liens and interests, for the laying down,construction, operation, maintenance, inspection, alteration, removal, replacement, reconstruction, and/or repair of one or more pipelines,together with all the works necessary for its undertaking, including but without limiting the generality of the foregoing, all such stations,structures,communication systems,drips,valves,fittings, meters and other equipment and appurtenances as may be necessary or convenient in connection therewith for the carriage, conveyance, transportation, storage and/or handling of petroleum and natural gas and all related products, gases, and liquids,whether hydrocarbons or not, together with the right of ingress and egress to and from the Grantor's Lands for its employees, servants, agents, vehicles, supplies and equipment for all purposes necessary or incidental to the exercise and enjoyment of the rights and privileges herein granted as and from the date the option is exercised, and for so long thereafter as the Grantee desires to exercise the rights and privileges herein granted, for the sum of Two Thousand Dollars ($2,000.00) per acre (hereinafter referred to as the "Easement Price") based upon the acreage determined when the preliminary drawings have been completed for the Easement Lands, and payable upon approval of the preliminary drawings by the Otter Valley Trail Committee, with an immediate adjustment of the said Easement Price if there is any difference in acreage between the preliminary drawings and the as constructed drawings for the Easement lands. THE PARTIES HERETO MUTUALLY COVENANT AND AGREE EACH WITH THE OTHER THAT THE OPTION SHALL BE EXERCISED AS FOLLOWS: 1. The option shall be open for acceptance up to but not after the fifth anniversary date of the date hereof, and may be accepted by a written notice delivered to the Grantor or mailed by prepaid registered post. The Grantor also agrees that the Grantee shall have the right to extend this option for one(1) further period of five (5)years by written notice delivered to the Grantor or mailed by prepaid registered post up to but not after the fifth anniversary date of the date hereof together with payment to the Grantor of the further sum of Ten Thousand Dollars ($10,000.00) as consideration for the extension of the option for one (1) further period of five (5) years. If the option is extended, all terms and conditions of this Agreement shall continue in full force and effect except that the Grantee shall have no further right to extend the option. 2. Forthwith upon the exercise of the option herein, the Grantee, its employees, servants and agents shall be entitled to exercise and enjoy all rights and privileges as herein granted effective with the date the notice of the acceptance of the option is received by the Grantor. The Grantee shall peaceably hold and enjoy the rights, liberties, privileges and easement hereby granted without hinderance, molestation or interruption on the part of the Grantor or of any person, firm or corporation claiming by, through, under or in trust for the Grantor. 3. The Grantor shall have the right to use and enjoy the Easement Lands except that such use and enjoyment shall not interfere with the rights of the Grantee hereunder. Without limiting the generality of the foregoing, the Grantor shall not without the prior written consent of the Grantee, place or erect, or cause to be placed or erected, on the Easement Lands any building, structure or fence and shall not excavate, alter the grading, drill, install thereon any pit,well, foundation and/or pavement which will obstruct or prevent the exercise and enjoyment by the Grantee of its rights hereunder. 4. The location of the Easement Lands shall be selected by the Grantee, provided that such location shall not interfere unreasonably with the use by the Grantor of the remainder of the Grantor's Lands. 5. The Grantee shall indemnify and hold harmless the Grantor against all actions, causes of action, suits, other proceedings, liabilities, obligations, damages, claims, demands, judgements, awards, costs and expenses (including but not limited to legal fees on a solicitor and the solicitor's own client basis) by any person or persons whomsoever in respect of any loss, injury, damage or obligation to compensate arising directly or indirectly in whole or in part out of or connected with the work carried on by the Grantee on the Grantor's Lands or in respect of any breach of any of the terms and conditions of this Agreement. The Grantee shall pay the Grantor for all damages to the Grantor's Lands attributable directly or indirectly in whole or in part to any operations conducted pursuant to this Agreement. As soon as reasonably possible after any construction operations, the Grantee shall remove all surplus soil and debris from the Grantor's Lands and restore the surface thereof to the same condition so far as may be reasonably practicable, as existed before the entry thereon and use thereof by the Grantee. A restoration plan shall be prepared by the Grantee for review and approval by the Municipal Council of each Grantor and preliminary and as constructed drawings shall be filed by the Grantee with each Grantor. All such plans and drawings shall be prepared at the expense of the Grantee. 6. The Grantee may install additional pipeline systems on the Easement Lands or conduct operations for maintenance purposes on any lands adjoining the Easement Lands owned by the Grantor, subsequent to the year of installation of any prior pipeline installation and the Grantee shall pay the Grantor for all damages to the Grantor's Lands attributable to any such operations. To facilitate installation of any pipeline system,the Grantee shall be provided with, if so required, a temporary work area on the Grantor's Lands, adjacent to and parallel with the Easement Lands. 7. The Grantor shall, forthwith upon receiving notice of the acceptance of the option herein, at the request of the Grantee, execute and deliver a grant or transfer of easement and right-of-way in favour of the Grantee, together with such other and further documents of title in respect of the Grantor's Lands as may be reasonably required by the Grantee in order to allow this Agreement to remain in full force and effect. 8. The Grantee shall pay the Easement Price of the said transfer of easement and right-of-way to the Grantor as soon as reasonably possible after approval of the preliminary drawings for the Easement Lands by the Otter Valley Trail Committee, with an immediate adjustment of the said Easement Price if there is any difference in acreage between the preliminary drawings and the as constructed drawings, provided that the consideration paid to the Grantor pursuant to this Agreement shall not be applied as part payment of the said Easement Price. The Grantee shall, at its expense, obtain and deposit on title a Reference Plan for the Easement Lands, such Plan to be approved by the Grantor's surveyor prior to its finalization and deposit on title. 9. Notwithstanding any rule of law or equity, any pipeline constructed by the Grantee hereunder together with all related works,appurtenances,attachments,apparatus,appliances,markers,fixtures and equipment shall be deemed to be the property of the Grantee, even though the same may have become annexed or affixed to the Grantor's Lands. 10. The Grantee, shall have the right to abandon any pipeline, or any part thereof, during the term of this Agreement, and have the right, but not the obligation, to remove all or any part thereof which may be located beneath the surface of the Easement Lands. Notwithstanding the foregoing, any such abandonment and removal shall at all times comply with all prevailing Laws and Regulations of any governmental authority, whether municipal, provincial, or federal, and shall be at the Grantor's expense. 11. If the Grantor is not the sole owner of the Grantor's Lands, this Agreement shall bind the Grantor to the full extent of its interest therein, and shall also extend to any after-acquired interest, but all monies payable or paid to the Grantor hereunder shall be paid to the Grantor only in the proportion that its interest in the Grantor's lands bears to the entire interest thereon. 12. This Agreement may be executed, or may be joined in or ratified by any party or parties who have an interest, or who subsequently obtain an interest, in the Grantor's Lands and when thus executing a ratification thereof shall have the same effect as if said party or parties had joined in executing one and the same document. 13. This Agreement shall be conditional upon compliance with the provisions of The Planning Act. Grantor hereby appoints Grantee to execute such consents or authorizations as may be necessary for the Grantee to obtain any necessary consents from the local Land Division Committee and agrees to co-operate in any such applications for consent. All costs and expenses, including any legal fees of either the Grantor or the Grantee on a solicitor and the solicitor's own client basis, shall be the responsibility of the Grantee. 14. Phis Agreement shall be of the same force and effect as a covenant running with the Grantor's Lands and the rights hereunder shall be appurtenant to the lands of the Grantee which may be more particularly described in the grant or transfer of easement and right-of-way in favour of the Grantee. 15. Notwithstanding anything herein contained, the Grantee may at any time determine or release and abandon this Agreement, whereupon this Agreement and its terms and conditions shall terminate and the obligations of the Grantee, including the payment of the Easement Price, shall be extinguished. The Grantee shall not be entitled to a refund of any of the Easement Price theretofore paid. The Grantee's obligations pursuant to paragraphs 5 and 10 shall continue in full force and effect after any termination of this Agreement. The Grantee shall also remain liable for any monetary payments due to the Grantor up to and including the date of termination of this Agreement. 16. Any payment required to be made to the Grantor hereunder may be made by the Grantee sending a cheque by prepaid registered post to each Grantor at its address for service of notices as herein provided, in the following percentage amount of such payment, being Fifty Percent (50%) to The Corporation of the Village of Port Burwell at Box 10, 21 Pitt St., Port Burwell, Ontario NOJ 1T0 and Fifty Percent (50%)to The Corporation of the Town of Tillsonburg at Town Centre Mall, 2nd Floor, Ste. 204. 200 Broadway, Tillsonburg, Ontario N4G 5A7 (or in such other place as each Grantor may designate from time to time). 17. All notices to be given hereunder may be given by letter delivered or mailed by prepaid registered post and addressed to the Grantor at Box 10, 21 Pitt St., Port Burwell, Ontario NOJ 1TO and Town Centre Mall, 2nd Floor, Ste. 204, 200 Broadway, Tillsonburg, Ontario N4G 5A7 and to the Grantee at 707-8th Avenue S.W., P.O. Box 1948, Calgary, Alberta T2P 2M7, or such other address as either party from time to time may appoint in writing, and every such notice so mailed shall be deemed to be given and received by the addressee forty-eight(48)hours after such mailing. 18. All legal, survey, plan and drawing costs incurred by the Grantee or legal costs incurred by the Grantor, with respect to this Agreement shall be the responsibility of the Grantee. The Grantee agrees to pay such costs of the Grantor forthwith after being provided with a copy of an account or invoice by the Grantor. 19. This Agreement shall extend to, be binding upon and enure to the benefit of the respective heirs, executors, administrators, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SIGNED, SEALED AND DELIVERED ) GRANTOR in the presence of )THE CORPORATION OF N I VII, GE OF PORT BURWELL ) ) i 1 MAfopp 111,I��i t�.Jes bI`t , 1� t%E 7"\eutitt fk h Cttrt ) We have the authority to bind the cootoration. ) ) ) THE CORPORATION 0 TOWN OF TILLSONBURG ) ) ). c' Cam McKnight ) Wail" -1111Itilli .. • a er - & .minis ra or ) ) We have the authority to bind the corporation ) ) ) ) GRANTEE ) PEMBINA EXPLORATION LIMITED ) ow ) Leslie . urden - Manager, Land Negotiations ) ) ) ie4 arzaActAA,u,-, ) ‘. . chuk - Manager ) Land Administration and Contracts ) We have the authority to bind the corporation. Approved Land Expl_ 070195-14 SCHEDULE "A" ALL AND SINGULAR those certain parcels or tracts of land and premises, situate, lying and being in the Township of Norfolk, Regional Municipality of Haldimand-Norfolk (in the Geographic Township of Middleton, County of Norfolk), and Province of Ontario, being composed of: FIRSTLY: The North half of Lot 6, in the Third Concession, North of Talbot Road, in the said Township of Middleton, containing by admeasurement 2.64 acres, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between Lot 6 and Lot 7, in the Third Concession, North of Talbot Road of said Township, at a point Southerly thereon of 447.0 feet from the South side of the Road Allowance between the Third Concession and the Fourth Concession, North of Talbot Road; Thence running Southerly, upon the centre line of said Railway, on a curve to the right of a radius of 2,865.0 feet at a distance of 1,301.5 feet; Thence running on a course about Magnetic South 34 degrees 14 minutes West, along the centre line of said Railway, at a distance of 439.5 feet, more or less, to the East side of the sideroad between Lot 5 and Lot 6, in the Third Concession,North of Talbot Road, having a uniform width of 33.0 feet on each side of said centre line of the Railway throughout, measured at right angles therefrom as shown coloured pink on diagram annexed to Instrument No. 84766. (The lands described above as "Firstly" are those lands described in Instrument No. 84766, for the Township of Middleton, registered in the Registry Office for the Registry Division of Norfolk.) SECONDLY: Part of the North half of Lot 7, in the Third Concession, North of Talbot Road, in the said Township of Middleton, containing by admeasurement 1.46 acres, be the same more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the South side of the Road Allowance between the Third Concession and the Fourth Concession, North of Talbot Road; Thence running about Magnetic South 07 degrees 08 minutes West, along the said centre line of Railway, 75.0 feet having a uniform width of 33.0 feet on each side of the centre line of said Railway measured at right angles therefrom, save the Road Allowance aforesaid; Thence continuing on the same course on said centre line of Railway, a distance of 100.0 feet having a width thereat of 50.0 feet on each side of the centre line of said Railway, measured at right angles therefrom; Thence continuing on the same course on said centre line of Railway, a distance of 100.0 feet, having a width thereat of 33.0 feet on each side of the centre line of said Railway, measured at right angles therefrom; Thence continuing on same course 571.5 feet to the point of curve to the right of a radius of 2,865.0 feet; .../2 _ 2 _ Thence southerly, along said curve, upon the centre line of said Railway, 53.5 feet, more or less, to the line between Lot 6 and Lot 7, in the Third Concession, North of Talbot Road, at a point Southerly thereon of 447.0 feet from the South side of the Road Allowance between the Third Concession and the Fourth Concession, North of Talbot Road, having a uniform width of 33.0 feet on each side of said centre line of Railway throughout from the last named point of similar width measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 86456. (The lands described above as "Secondly" are those lands described as "Secondly" in Instrument No. 86456, for the Township of Middleton, registered in the Registry Office for the Registry Division of Norfolk.) THIRDLY: Part of the North part of the West half of the North half of Lot 1, in the Third Concession, North of Talbot Road, in the said Township of Middleton, containing by admeasurement, 1.36 acres, be the same more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the East and West halves of the North half of Lot 1, in the Third Concession, North of Talbot Road; Thence running about Magnetic South 34 degrees 14 minutes West,along the said centre line of Railway, a distance of 777.0 feet more or less to the Easterly side of the Town line between the Township of Middleton aforesaid and the Township of Bayham, in the County of Elgin, at a distance Southerly thereon of 621.0 feet from the Road Allowance between the Third Concession and the Fourth Concession,North of Talbot Road, having a uniform width of 33.0 feet on the Northerly side of the said centre line of Railway throughout measured at right angles therefrom and taking all the land on the Southerly side of said centre line of Railway lying between said centre line of Railway as herein described and the boundary line between the properties of the said John Ketchabaw and Isaac Stilwell on the West half of the North half of Lot 1, in the Third Concession, North of Talbot Road, containing in all by admeasurement, 1.36 acres, more or less, as shown coloured pink on diagram annexed to Instrument No. 84754. (The lands described above as "Thirdly" are those lands described in Instrument No. 84754, for the Township of Middleton, registered in the Registry Office for the Registry Division of Norfolk.) FOURTHLY: Part of the West half of the East half of the North half of Lot 1, in the Third Concession, North of Talbot Road, in the Township of Middleton, in the County of Norfolk, containing by admeasurement 0.15 of an acre, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the East half of half of the East half and the West half of the East half of the North part of Lot 1, in the Third Concession, North of Talbot Road; Thence running about Magnetic South 34 degrees 14 minutes West, along said centre line of Railway, .../3 - 3 - at a distance of 394.0 feet, more or less, to the line between the East and West halves of the North part of said Lot 1, in the Third Concession, North of Talbot Road, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles, therefrom, as shown coloured in pink on diagram annexed to Instrument No. 84763. (The lands described above as "Fourthly" are those lands described as "Secondly" in Instrument No. 84763, for the Township of Middleton, registered in the Registry Office for the Registry Division of Norfolk.) FIFTHLY: The East half of the East half of the North half of Lot 1, in the Third Concession, North of Talbot Road, in the said Township of Middleton, and containing by admeasurement 0.58 of an acre, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the North parts of Lot 1 and Lot 2, in the Third Concession, North of Talbot Road; Thence running about Magnetic South, 34 degrees 14 minutes West, along the said centre line of Railway at a distance of 381.0 feet, more or less, to the line between the East half of the East half of the North part of Lot 1, in the Third Concession, North of Talbot Road, having a uniform width of 33.0 feet on each side of the said centre line of Railway, measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 84757. (The lands described above as"Fifthly"are those lands described as"Secondly"in Instrument No. 84757, for the Township of Middleton, registered in the Registry Office for the Registry Division of Norfolk.) SIXTHLY: Part of the West half of the North half of Lot 2, in the Third Concession, North of Talbot Road,in the Township of Middleton,in the County of Norfolk,containing by admeasurement 1.16 acres, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the East and West halves of the North part of Lot 2, in the Third Concession, North of Talbot Road; Thence running about Magnetic South 34 degrees 14 minutes West, along said centre line of said Railway, at a distance of 764.0 feet, more or less, to the line between the North halves of Lot 1 and Lot 2, in the Third Concession, North of Talbot Road, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 84763. (The lands described above as "Sixthly" are those lands described as "Firstly" in Instrument No. 84763, for the Township of Middleton, registered in the Registry Office for the Registry Division of Norfolk.) ...14 - 4 - SEVENTHLY: The West half of the North half of Lot 2, in the Third Concession, North of Talbot Road, in the Township of Middleton, in the County of Norfolk, containing by admeasurement 1.17 acres, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the North parts of Lot 2 and Lot 3, in the Third Concession, North of Talbot Road; Thence running about Magnetic South 34 degrees 14 minutes West, along said centre line of said Railway, at a distance of 774.0 feet, more or less, to the line between the East and West halves of the North part of said Lot 2, in the Third Concession,North of Talbot Road, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 84757. (The lands described above as "Seventhly" are those lands described as "Firstly" in Instrument No. 84757, for the Township of Middleton, registered in the Registry Office for the Registry Division of Norfolk.) EIGHTHLY: Part of the West half of the North half of Lot 3, in the Third Concession, North of Talbot Road, in the Township of Middleton, in the County of Norfolk, containing by admeasurement 0.86 of an acre, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the properties of John Cowan and the said James L. Cowan on the West part of the North half of Lot 3, in the Third Concession, North of Talbot Road; Thence running about Magnetic South 34 degrees 14 minutes West, along said centre line of said Railway, at a distance of 567.5 feet, more or less, to the line between the North halves of Lot 2 and Lot 3, in the Third Concession, North of Talbot Road, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 84755. (The lands described above as "Eighthly" are those lands described in Instrument No. 84755, for the Township of Middleton, registered in the Registry Office for the Registry Division of Norfolk.) NINTHLY: Parts of the East and West halves of the North half of Lot 3, in the Third Concession,North of Talbot Road, in the Township of Middleton, in the County of Norfolk, containing by admeasurement 0.86 acres, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the boundary line between the properties of James Cowan and the said John Cowan on the East part of the North half of Lot 3, in the Third Concession, North of Talbot Road; Thence running about Magnetic South 34 degrees 14 minutes West, along said centre line of said Railway, at a distance of 577.5 feet, more or less, to the boundary line between the properties of said John Cowan and one James L. Cowan over the West part of the North half of Lot 3, in the Third .../5 - 5 - Concession, North of Talbot Road, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 84758, the same having been selected by the said parties of the Third part for the purposes of their Railway. (The lands described above as "Ninthly" are those lands described in Instrument No. 84758, for the Township of Middleton, registered in the Registry Office for the Registry Division of Norfolk.) TENTHLY: Part of the East part of the North half of Lot 3, in the Third Concession, North of Talbot Road, in the Township of Middleton, in the County of Norfolk, containing by admeasurement 0.59 of an acre, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the North parts of Lot 3 and Lot 4, in the Third Concession, North of Talbot Road; Thence running about Magnetic South 34 degrees 14 minutes West, along said centre line of said Railway, at a distance of 388.0 feet, more or less, to the boundary line between the properties of said James Cowan and John Cowan on the East part of the North half of Lot 3, in the Third Concession, North of Talbot Road, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 84764. (The lands described above as "Tenthly" are those lands described as "Secondly" in Instrument No. 84764, for the Township of Middleton, registered in the Registry Office for the Registry Division of Norfolk.) ELEVENTHLY: Part of the West half of the North half of Lot 4, in the Third Concession, North of Talbot Road, in the Township of Middleton, in the County of Norfolk, containing by admeasurement 1.14 acres, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the East and West halves of the North half of Lot 4, in the Third Concession, North of Talbot Road; Thence running about Magnetic South 34 degrees 14 minutes West, along said centre line of said Railway, at a distance of 751.0 feet, more or less, to the line between the North halves of Lot 3 and Lot 4, in the Third Concession, North of Talbot Road, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 84764. (The lands described above as "Eleventhly" are those lands described as "Firstly" in Instrument No. 84764, for the Township of Middleton, registered in the Registry Office for the Registry Division of Norfolk.) .../6 - 6 - TWELFTHLY: Part of the East half of the North half of Lot 4, in the Third Concession, North of Talbot Road, in the Township of Middleton, in the County of Norfolk, containing by admeasurement 1.15 acres, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between Lot 4 and Lot 5, in the Third Concession, North of Talbot Road; Thence running about Magnetic South 34 degrees 14 minutes West, along said centre line of said Railway, at a distance of 763.0 feet, more or less, to the line between the East and West halves of said part of Lot 4, in the Third Concession, North of Talbot Road, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 84759, the said land having been selected by the Company for the purposes of the said Railway. (The lands described above as "Twelfthly" are those lands described in Instrument No. 84759, for the Township of Middleton, registered in the Registry Office for the Registry Division of Norfolk.) THIRTEENTHLY: Part of the North half of Lot 5, in the Third Concession, North of Talbot Road, in the Township of Middleton, in the County of Norfolk, containing by admeasurement 2.33 acres, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the Westerly side of the sideroad between Lot 5 and Lot 6, in the Third Concession, North of Talbot Road at a point Southerly thereon of 706.0 feet from the Road Allowance between the Third Concession and the Fourth Concession, North of Talbot Road; Thence running about Magnetic South 34 degrees 14 minutes West, along said centre line of said Railway, at a distance of 1,537.0 feet, more or less, to the line between Lot 4 and Lot 5, in the Third Concession, North of Talbot Road, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 86457, the said land having been selected by the said Railway Company for the purposes of said Railway. (The lands described above as "Thirteenthly" are those lands described in Instrument No. 86457, for the Township of Middleton, registered in the Registry Office for the Registry Division of Norfolk.) ALL AND SINGULAR those certain parcels or tracts of land and premises, situate, lying and being in the Township of Bayham, in the County of Elgin, and Province of Ontario, being composed of: FIRSTLY: The Southeast part of Lot 23, in the Ninth Concession, containing by admeasurement 0.45 of an acre, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between Lot 23 and Lot 24, in the Ninth Concession; ...17 - 7 - Thence running about Magnetic South 48 degrees 29 minutes West, along said centre line of said Railway, at a distance of 294.0 feet, more or less, to the North side of the Road Allowance between the Eighth Concession and the Ninth Concession, at a point Easterly thereon of 1,077.5 feet from the Easterly side of the Port Burwell Gravel Road, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 11777. (The lands described above as "Firstly" are those lands described as "Firstly" in Instrument No. 11777, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) SECONDLY: Part of the West half of Lot 24, in the Ninth Concession, containing by admeasurement 1.68 acres, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the East and West halves of Lot 24, in the Ninth Concession; Thence running about Magnetic South 34 degrees 14 minutes West, along said centre line of said Railway, at a distance of 98.0 feet; Thence continuing Southerly along the said centre line of Railway on a curve of a radius of 3,819.5 feet, at a distance of 950.0 feet; Thence running about Magnetic South 48 degrees 29 minutes West, along the said centre line of Railway, at a distance of 56.0 feet, more or less, to the line between Lot 23 and Lot 24, in the Ninth Concession, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 11759. (The lands described above as "Secondly" are those lands described in Instrument No. 11759, for the Township of Bayham,registered in the Registry Office for the Registry Division of the County of Elgin.) THIRDLY: Part of the East half of Lot 24, in the Ninth Concession, containing by admeasurement 2.0 acres, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between Lot 24 and Lot 25, in the Ninth Concession; Thence running about Magnetic South 34 degrees 14 minutes West, along said centre line of said Railway, at a distance of 1,318.0 feet, more or less to the line between the East and West halves of Lot 24, in the Ninth Concession, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 11931, the said land having been selected by the said Railway Company for the purposes of said Railway. (The lands described above as "Thirdly" are those lands described in Instrument No. 11931, for the Township of Bayham,registered in the Registry Office for the Registry Division of the County of Elgin.) ...18 - 8 - FOURTHLY: Part of the North half of the South half of Lot 25, in the Ninth Concession, containing by admeasurement 1.46 acres, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the North and South halves of Lot 25, in the Ninth Concession, at a point Westerly along said line 200.0 feet from the line between the East and West halves of said Lot 25; Thence running about Magnetic South 34 degrees 14 minutes West, along said centre line of said Railway, at a distance of 960.0 feet, more or less, to the line between Lot 24 and Lot 25, in the Ninth Concession, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 11770. (The lands described above as "Fourthly" are those lands described as "Secondly" in Instrument No. 11770, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) FIFTHLY: Part of the Southwest quarter of the North half of Lot 25, in the Ninth Concession, containing by admeasurement 0.59 of an acre, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the East and West halves of Lot 25, in the Ninth Concession, at a point Northerly along said line of 367.0 feet from the line between the North and South halves of said Lot 25; Thence running about Magnetic South 34 degrees 14 minutes West, along said centre line of said Railway, at a distance of 390.0 feet to the said line between the North and South halves of said Lot 25, in the Ninth Concession, at a point Westerly, along said line of 200.0 feet from the said line between the East and West halves of Lot 25, in the Ninth Concession, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 11776, the said land having been selected by the said Company for the purposes of the said Railway. (The lands described above as "Fifthly" are those lands described in Instrument No. 11776, for the Township of Bayham,registered in the Registry Office for the Registry Division of the County of Elgin.) SIXTHLY: Part of the Northeast half of Lot 25, in the Ninth Concession, containing by admeasurement 2.0 acres, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the West side of the sideroad between Lot 25 and Lot 26, in the Ninth Concession, at a distance Southerly along the Westerly limit of said sideroad of 687.0 feet from the Westerly side of the Town Line between the Township of Middleton, in the County of Norfolk and the Township of Bayham, in the County of Elgin; Thence running about Magnetic South 34 degrees 14 minutes West, along said centre line of said .../9 - 9 - Railway, at a distance of 1,318.0 feet, more or less, to the line between the East and West halves of Lot 25, in the Ninth Concession, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 11772,the said land having been selected by the said Company for the purposes of the said Railway. (The lands described above as "Sixthly" are those lands described in Instrument No. 11772, for the Township of Bayham,registered in the Registry Office for the Registry Division of the County of Elgin.) SEVENTHLY: Part of the North part of Lot 26, in the Ninth Concession, containing by admeasurement .03 of an acre, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects a triangular piece of land bounded on the North by the boundary line between the properties of Ebenezer Buchner and the Middleton and Bayham Cheese Company on said part of Lot 26, and bounded on the West by the East side of the sideroad between Lot 25 and Lot 26, in the Ninth Concession, and bounded Southeasterly by a line parallel to and at a distance of 23.0 feet Southeasterly from the located centre line of said Railway measured at right angles therefrom, which said centre line of Railway running on a course about Magnetic South 34 degrees and 14 minutes West intersects the boundary line between the properties of the parties aforesaid at the point of intersection of the boundary line between the properties of the parties aforesaid with a sideroad between Lot 25 and Lot 26, in the Ninth Concession. (The lands described above as "Seventhly" are those lands described as "Firstly" in Instrument No. 11770, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) EIGHTHLY: Part of the North part of Lot 26, in the Ninth Concession, containing by admeasurement 0.37 of an acre, be the same more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the Westerly side of the Town line between the Township of Bayham and the Township of Middleton, in the County of Norfolk; Thence running about Magnetic South 34 degrees 14 minutes West, along said centre line of said Railway, at a distance of 263.0 feet, more or less, to the West side of the sideroad between Lot 25 and Lot 26, in the Ninth Concession,having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 11887. (The lands described above as "Eighthly" are those lands described in Instrument No. 11887, for the Township of Bayham,registered in the Registry Office for the Registry Division of the County of Elgin.) NINTHLY: Part of the West half of Lot 20, in the Eighth Concession, containing by admeasurement 0.63 of an acre, be the same more or less, more particularly described as follows, that is to say: ...110 - 10 - Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the East and West halves of Lot 20, in the Eighth Concession; Thence running on a course about Magnetic South 33 degrees 32 minutes West, along said centre line of said Railway, at a distance of 414.5 feet, more or less, to the North side of the Road Allowance between the Eighth Concession and the North Gore of said Township, at a point distant 206.0 feet Westerly on said side of said Road Allowance from the line between the East and West halves of Lot 20, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 11767, the same having been selected by the said parties of the second part for the purposes of their Railway. (The lands described above as "Ninthly" are those lands described as "Secondly" in Instrument No. 11767, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) TENTHLY: Part of the East half of Lot 20, in the Eighth Concession, containing by admeasurement 2.10 acres, be the same more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the West side of the sideroad between Lot 20 and Lot 21, in the Eighth Concession; Thence running about Magnetic South 33 degrees 32 minutes West, along said centre line of said Railway, 1,384.0 feet, more or less, to the line between the East and West halves of Lot 20, in the Eighth Concession, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 11773, the same having been selected by the said parties of the second part for the purposes of their Railway. (The lands described above as "Tenthly" are those lands described in Instrument No. 11773, for the Township of Bayham,registered in the Registry Office for the Registry Division of the County of Elgin.) ELEVENTHLY: Part of the Lot 21, in the Eighth Concession, containing by admeasurement 1.74 acres, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the boundary line between the lands belonging to Martin Howey and Charles W. Howey on part of Lot 21, in the Eighth Concession; Thence running Southwesterly, along the centre line of the said Railway, on a curve to the left of a radius of 2,865.0 feet at a distance of 111.0 feet; Thence running on a course about Magnetic South 33 degrees 32 minutes West along the centre line of said Railway at a distance of 1,038.0 feet, more or less, to the East side of the sideroad between Lot 20 and Lot 21, in the Eighth Concession, having a uniform width of 33.0 feet on the Westerly side of the said centre line of Railway throughout, measured at right angles therefrom and taking all the land on the .../11 - 11 - Easterly side of the centre line of said Railway lying between the centre line of said Railway and the Westerly side of the Ingersoll and.Port Burwell Road throughout as shown coloured in pink on diagram annexed to Instrument No. 11767. (The lands described above as "Eleventhly" are those land described as "Firstly" in Instrument No. 11767, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) TWELFTHLY: Part of the Lot 21, in the Eighth Concession, containing by admeasurement 0.31 of an acre, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the Westerly side of the Ingersoll and Port Burwell Road on Lot 21, in the Eighth Concession; Thence running Southwesterly, along the centre line of the said Railway, on a curve to the left of a radius of 2,865.0 feet at a distance of 387.0 feet, more or less to the boundary line of the lands of Martin Howey and Charles W. Howey in Lot 21, having a uniform width of 33.0 feet on the Westerly side of the centre line of Railway measured at right angles therefrom and taking all the land on the Easterly side of the centre line of said Railway lying between the centre line of said Railway and the Westerly side of the Ingersoll and Port Burwell Road in said Lot as shown coloured in pink on diagram annexed to Instrument No. 11766. (The lands described above as"Twelfthly" are those land described as"Firstly" in Instrument No. 11766, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) THIRTEENTHLY: Consisting of a piece of land containing by admeasurement 0.02 of an acre, more or less, being composed of part of the Lot 21, in the Eighth Concession, bounded on the East by the Ingersoll and Port Burwell Road on said Lot and bounded on the South by the boundary line between the property of Abram N. Gray, William A. Eakins and the South Western Farmers & Mechanics Loan and Savings Society and Martin Howey on said Lot 21, and bounded Northwesterly by a line parallel to and 33.0 feet from the located centre line of the said Railway measured at right angles therefrom being shown coloured in pink on diagram annexed to Instrument No. 12187. (The lands described above as "Thirteenthly" are those land described as "Firstly - Parcel Two" in Instrument No. 12187, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) FOURTEENTHLY: Part of Lot 21, in the Eighth Concession, in the Township of Bayham, in the County of Elgin,containing by admeasurement 0.85 of an acre, more or less,more particularly described as follows, that is to say: ...112 - 12 - Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between Lot 21 and Lot 22, in the Eighth Concession; Thence running about Magnetic South 48 degrees 29 minutes West, along said centre line of said Railway, at a distance of 528.5 feet, to a point of curve to left of a radius of 2,865.0 feet; Thence Southwesterly, along said curve upon the centre line of said Railway at a distance of 17.5 feet, more or less, to the Easterly side of the Ingersoll and Port Burwell Road on said Lot, having a uniform width of 33.0 feet on each side of the centre line of said Railway measured at right angles therefrom and containing by admeasurement 0.83 of an acre of land, more or less, being shown coloured in pink on diagram annexed to Instrument No. 12187. (The lands described above as "Fourteenthly" are those lands described as "Firstly - Parcel One" in Instrument No. 12187, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) FIFTEENTHLY: Part of the Lot 22, in the Eighth Concession, containing by admeasurement 2.85 acres, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between Lot 22 and Lot 23, in the Eighth Concession; Thence running about Magnetic South 48 degrees 29 minutes West along the centre line of said Railway at a distance of 1,876.0 feet, more or less, to the line between Lot 21 and Lot 22, in the Eighth Concession, having a uniform width of 33.0 feet on each side of the said centre line of Railway measured at right angles therefrom as shown coloured in pink on diagram annexed to Instrument No. 12187. (The lands described above as "Fifteenthly" are those lands described as "Secondly" in Instrument No. 12187, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) SIXTEENTHLY: Part of the Lot 23, in the Eighth Concession, containing by admeasurement 2.37 acres, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the properties of Ira Stilwell and Archibald Lammond on Lot 23, in the Eighth Concession, at a point Southerly thereon of 168.5 feet from the Southerly limit of the Road Allowance between the Eighth Concession and the Ninth Concession; Thence running about Magnetic South 48 degrees 29 minutes West along the centre line of said Railway at a distance of 389.0 feet, having a uniform width of 33.0 feet on the East side and 75.0 feet on the West side of the said centre line of Railway measured at right angles therefrom; Thence continuing Southerly, along the same course along the centre line of said Railway, at a distance of 200.0 feet, having a uniform width of 33 feet on the East side and converging to a width of 33.0 feet on the West side of the centre line of said Railway at said point,both measured at right angles therefrom; .../13 - 13 - Thence continuing Southerly, along the same course along the centre line of said Railway, at a distance of 616.0 feet, more or less to the line between Lot 22 and Lot 23, in the Eighth Concession, having a uniform width of 33.0 feet on each side of the centre line of said Railway throughout last named distance measured at right angles therefrom, all as shown coloured in pink on diagram annexed to Instrument No. 11764. (The lands described above as "Sixteenthly" are those lands described in Instrument No. 11764, for the Township of Bayham,registered in the Registry Office for the Registry Division of the County of Elgin.) SEVENTEENTHLY: Part of the Northeast part of Lot 23, in the Eighth Concession, containing by admeasurement 0.49 of an acre, more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the Southerly limit of the Road Allowance between the Eighth Concession and the Ninth Concession; Thence running about Magnetic South 48 degrees 29 minutes West along the centre line of said Railway at a distance of 204.0 feet,more or less to the intersection of the line between the properties of Archibald Lammond and Ira Stilwell at a point Southerly thereon of 168.5 feet from the Southerly limit of said Road Allowance between the Eighth Concession and the Ninth Concession, having on the East side a uniform width of 33.0 feet from the centre line of Railway measured at right angles therefrom and on the West side a triangular piece of land bounded as follows: Commencing at the intersection of said centre line of said Railway with the Southerly limit of said Road Allowance between the Eighth Concession and the Ninth Concession; Thence Westerly, along the said Southerly limit of said Concession Road, a distance of 148.5 feet to the said line between the properties of Archibald Lammond and Ira Stilwell; Thence Southerly, along said line, a distance of 168.5 feet to the centre line of said Railway; Thence running about Magnetic North 48 degrees 29 minutes East,along said centre line of the Railway, distant 204.0 feet, more or less, to the said intersection of the said centre line of the Railway with the Southerly limit of the Road Allowance between the Eighth Concession and the Ninth Concession, as shown coloured in pink on diagram annexed to Instrument No. 11777. (The lands described above as"Seventeenthly" are those lands described as"Secondly" in Instrument No. 11777, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) EIGHTEENTHLY: Part of Lot 19 and Lot 20, in the North Gore Concession, now designated as Part 1, Part 2, Part 3, Part 4 and Part 5 on a Reference Plan deposited in the Registry Office for the Registry Division of the County of Elgin, as Plan 11R-6476. SUBJECT TO an Easement over, along and upon that part of Lot 20, in the North Gore Concession, as set out in Instrument No. 28525, for the Township of Bayham, now designated as Part 4 on a Reference Plan deposited in the Registry Office for the Registry Division of the County of Elgin, as Plan 11R-6476. ...114 - 14 - NINTEENTHLY: That part of Lot 17, South of Third Street, part of Lot 15, North of Second Street, part of Lot 15 and all of Lot 16, South of Second Street,part of Lot 13 and all of Lot 14,North of First Street, all of Lot 14, South of First Street, all of Lot 14 and Lot 15, North of Talbot Road, part of First and Second Streets, according to Registered Plan No. 205, (Village of Straffordville), part of Lot 126, Lot 127 and Lot 128, North of Talbot Road, now designated as Part 1 on a Reference Plan deposited in the Registry Office for the Registry Division of the County of Elgin, as Plan 11R-6477. TWENTIETHLY: Part of Lot 17, in the South Gore, containing by admeasurement 2.03 acres, be the same more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the Sixth Concession and the South Gore at Lot 17, in the South Gore, at a distance thereon of 35.0 feet Westerly from the West side of the Public Road, as now laid out between Lot 17 and Lot 18, in the South Gore; Thence about Magnetic South 04 degrees 06 minutes West along the centre line of said Railway a distance of 1,296.0 feet, more or less to the Road Allowance between the South Gore and the Fifth Concession, having a uniform width of 33.0 feet on the West side of the centre line of said Railway throughout, measured at right angles therefrom and taking all the land belonging to Samuel Harp lying East of the centre line of said Railway and the said Public Road between Lot 17 and Lot 18, in the South Gore, all as shown coloured in pink on diagram annexed to Instrument No. 11895. (The lands described above as "Twentiethly" are those lands described in Instrument No. 11895, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) TWENTY-FIRSTLY: Parts of the South halves of Lot 125 and Lot 126, in the Sixth Concession, containing by admeasurement 6.65 acres, be the same more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the North and South halves of Lot 125, in the Sixth Concession South of Talbot Road; Thence on a course about Magnetic South 04 degrees 06 minutes West along the centre line of said Railway a distance of 3,322.0 feet, more or less to the line between the Sixth Concession and the South Gore, South of Talbot Road, being bounded on the North by the line between the North and South halves of Lot 125 and Lot 126 and bounded on the South by the line between the Sixth Concession and the South Gore, South of Talbot Road, and bounded on the West by a line 33.0 feet Westerly from and parallel to the located centre line of said Railway as herein described, measured at right angles therefrom and bounded on the East by the present fence between the land of Locken and Robert H. Dennis and the West side of the Public Road as now laid between Lot 125 and Lot 126, in the Sixth Concession, South of Talbot Road, all as shown coloured in pink on diagram annexed to Instrument No. 11843. (The lands described above as "Twenty-Firstly" are those lands described in Instrument No. 11843, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) ...115 - 15 - TWENTY-SECONDLY: Part of the North half of Lot 125, in the Sixth Concession, South of Talbot Road, containing by admeasurement 5.03 acres, be the same more or less, more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the South side of the Road Allowance known as Talbot Road lying between the Seventh Concession, North of Talbot Road and the Sixth Concession, South of Talbot Road, at a distance Westerly thereon of 46.0 feet from the line between Lot 125 and Lot 126, South of Talbot Road; Thence running on a course about Magnetic South 04 degrees 06 minutes West along the centre line of said Railway a distance of 3,317.0 feet, more or less to the line between the North and South halves of Lot 125, South of Talbot Road, having a uniform width of 33.0 feet on each side of the centre line of said Railway, measured at right angles therefrom as shown coloured pink on diagram annexed to Instrument No. 11763. (The lands described above as "Twenty-Secondly" are those lands described as "Secondly" in Instrument No. 11763, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) TWENTY-THIRDLY: Part of the South half of Lot 17, in the Fifth Concession, containing by admeasurement 4.29 acres, be the same more or less, and being more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the North and South halves of Lot 17, in the Fifth Concession on the line fence said to be between Lot 17 and Lot 18, in the Fifth Concession, forming the boundary line between the lands of Nelson Cochrane and William Lawrence; Thence about Magnetic South 04 degrees 06 minutes West along the centre line of said Railway a 951.5 feet to a point of curve to right of a radius of 17,189.0 feet; Thence continuing Southerly, along the centre line of the Railway or said curve, a distance of 1,090.0 feet; Thence about Magnetic South 07 degrees 44 minutes West, along the centre line of said Railway, a distance of 1,310.5 feet, more or less to the Road Allowance between the Fourth Concession and the Fifth Concession, having a uniform width of 33.0 feet on each side of the centre line of said Railway, measured at right angles therefrom throughout on so much of the South half of Lot 17, in the Fifth Concession, as is taken within the widths described and as shown in pink on the diagram annexed to Instrument No. 11889 (Bayham). (The lands described above as "Twenty-Thirdly" are those lands described in Instrument No. 11889, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) ...116 - 16 - TWENTY-FOURTHLY: Part of the South half of Lot 18, in the Fifth Concession, containing by admeasurement 0.79 of an acre, be the same more or less, and being more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the North and South halves of Lot 18, in the Fifth Concession at the line fence said to be between Lot 17 and Lot 18, in the Fifth Concession, forming the boundary line between the lands of Nelson Cochrane and William Lawrence; Thence about Magnetic South 04 degrees 06 minutes West along the centre line of said Railway a distance of 951.5 feet to a point of curve to right of a radius of 17,189.0 feet; Thence continuing Southerly, along the centre line of the Railway or said curve, a distance of 850.0 feet, more or less, to a point thereon, a distance of 33.0 feet West from the said fence between the lands of Nelson Cochrane and the party of the first part in Instrument No. 11783 (Bayham), measured at right angles from the centre line of said Railway, and taking a uniform width of 33.0 feet on the East side of the centre line of said Railway, measured at right angles therefrom on so much of the South half of Lot 18, in the Fifth Concession, as is included in said width of 33.0 feet from the centre line of said Railway, as just described and as shown coloured pink on the diagram annexed to Instrument No. 11783 (Bayham). (The lands described above as "Twenty-Fourthly" are those lands described in Instrument No. 11783, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) TWENTY-FIFTHLY: The Southwest part of the North half of Lot 18, in the Fifth Concession, containing by admeasurement 0.82 of an acre, be the same more or less, and being more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the North and South halves of Lot 18, in the Fifth Concession at the line fence between the lands of William Cornell and the parties of the first part in instrument No. 11883 (Bayham); Thence about Magnetic North 04 degrees 06 minutes East along the centre line of said Railway a distance of 1,010.0 feet more or less to the boundary line between the lands of Rueben Tribe and the parties of the first part in Instrument No. 11883 (Bayham) on the North half of Lot 18, in the Fifth Concession, having a uniform width of 33.0 feet on the East side of the centre line of said Railway throughout, measured at right angles therefrom and taking all the land on the West side of the centre line of said Railway just described belonging to the parties of the first part in Instrument No. 11883 (Bayham) to the said line fence between the lands of the said parties of the first part in Instrument No. 11883 (Bayham) and said William Cornell as shown in pink on the diagram annexed to Instrument No. 11883 (Bayham). ...117 - 17 - (The lands described above as "Twenty-Fifthly" are those lands described in Instrument No. 11883, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) TWENTY-SIXTHLY: The North part of the North half of Lot 18, in the Fifth Concession, containing by admeasurement 2.27 acres, be the same more or less, and being more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the South side of the Road Allowance between the South Gore and the Fifth Concession at a distance Easterly thereon of 23.0 feet from the line fence said to be between Lot 17 and Lot 18, in the Fifth Concession, and forming the boundary line between the lands of William Cornell and Rueben Tribe; Thence about Magnetic South 04 degrees 06 minutes West along the centre line of said Railway a distance of 2,310.0 feet, more or less, to the line between the land of George Tribe and Rueben Tribe on the North half of Lot 18, in the Fifth Concession, having a uniform width of 33.0 feet on the East side of the centre line of said Railway throughout, measured at right angles therefrom and taking all of the land on the West side of the centre line of said Railway just described belonging to Rueben Tribe to the said line fence between the lands of said Rueben Tribe and said William Cornell as shown in pink on the diagram annexed to Instrument No. 11892 (Bayham). (The lands described above as "Twenty-Sixthly" are those lands described in Instrument No. 11892, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) TWENTY-SEVENTHLY: Part of the North half of Lot 17, in the Fifth Concession, containing by admeasurement 1.95 acres, be the same more or less, and being more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the South side of the Road Allowance between the South Gore and the Fifth Concession at the North half of Lot 18, in the Fifth Concession at a distance thereon of 23.0 feet Easterly from the line fence said to be between Lot 17 and Lot 18, in the Fifth Concession, and forming the boundary line between the lands of Rueben Tribe and George Tribe in Lot 18, and William Cornell; Thence about Magnetic South 04 degrees 06 minutes West along the centre line of said Railway a distance of 3,320.0 feet, more or less, to the line between the North and South halves of Lot 17 and Lot 18, in the Fifth Concession, having a uniform width of 33.0 feet on the West side of the centre line of said Railway throughout, measured at right angles therefrom, on so much of the North half of Lot 18, in the Fifth Concession, and the land belonging to William Cornell as is contained within said width and as shown coloured pink on the diagram annexed to Instrument No. 11888 (Bayham). .../18 - 18 - (The lands described above as "Twenty-Seventhly" are those lands described in Instrument No. 11888, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) TWENTY-EIGHTHLY: Part of the South half of Lot 18, in the Fourth Concession, containing by admeasurement 1.91 acres, be the same more or less, and being more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the North side of the Road Allowance between the Third Concession and the Fourth Concession at a distance of 17.0 feet Easterly thereon from the line fence said to be between Lot 17 and Lot 18, in the Fourth Concession, and forming the boundary line between the lands of Samuel Palmer on the South half of Lot 17, and the Palmer Estate on the South half of Lot 18, in the Fourth Concession; Thence about Magnetic North 04 degrees 06 minutes East along the centre line of said Railway a distance of 1,427.0 feet to point of curve to left of radius of 5,730.0 feet; Thence Northerly, along the centre line of said Railway on said curve a distance of 700.0 feet, more or less, to a point thereon a distance of 33.0 feet West from the said line fence between the lands of said Samuel Palmer and the parties of the first part in Instrument No. 11893 (Bayham), measured at right angles from the centre line of said Railway, having a uniform width of 33.0 feet on the East side of the centre line of said Railway, measured at right angles therefrom and taking all the land belonging to the parties of the first part in Instrument No. 11893 (Bayham), lying between the centre line of said Railway and the line fence said to be on the line between Lot 17 and Lot 18, in the Fourth Concession, and forming the boundary between the lands of said Samuel Palmer and the parties of the first part in Instrument 11893 (Bayham). (The lands described above as "Twenty-Eighthly" are those lands described in Instrument No. 11893, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) TWENTY-NINTHLY: Part of the South half of Lot 17, in the Fourth Concession, containing by admeasurement 3.12 acres, be the same more or less, and being more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the North and South halves of Lot 17, in the Fourth Concession; Thence about Magnetic South 03 degrees 03 minutes West, along the centre line of said Railway a distance of 1,198.5 feet to point of curve to the right of radius of 5,730.0 feet; Thence Southerly, along the centre line of said Railway on said curve a distance 910.0 feet; Thence about Magnetic South 04 degrees 06 minutes West, along the centre line of said Railway, a distance of 1,427.0 feet, more or less, to the Road Allowance between the Third Concession and the Fourth Concession, having a uniform width of 33.0 feet on each side of the centre line of said Railway, ...119 - 19 - measured at right angles therefrom throughout on so much of the South half of Lot 17, in the Fourth Concession as is taken within the widths described and as shown coloured in pink on the diagram annexed to Instrument No. 11901 (Bayham). (The lands described above as "Twenty-Ninethly" are those lands described in Instrument No. 11901, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) THIRTIETHLY: Part of the North half of Lot 17, in the Fourth Concession, containing by admeasurement 4.91 acres, be the same more or less, and being more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the South side of the Road Allowance between the Fourth Concession and the Fifth Concession at the North half of Lot 17, in the Fourth Concession; Thence about Magnetic South 07 degrees 44 minutes West along the centre line of said Railway a distance of 1,953.5 feet to point of curve to left of radius of 5,730.0 feet; Thence continuing Southerly, along the centre line of said Railway on said curve a distance of 1,080.0 feet; Thence about Magnetic South 03 degrees 03 minutes West, along the centre line of said Railway, a distance of 198.5 feet to the line between the North and South halves of Lot 17, in the Fourth Concession, having a uniform width of 33.0 feet on each side of the centre line of said Railway throughout, measured at right angles therefrom all as shown coloured in pink on the diagram annexed to Instrument No. 11784 (Bayham). (The lands described above as "Thirtiethly" are those lands described in Instrument No. 11784, for the Township of Bayham,registered in the Registry Office for the Registry Division of the County of Elgin.) THIRTY-FIRSTLY: Part of the North half of Lot 17, in the Fourth Concession, containing by admeasurement 1.0 acre, be the same more or less, and being more particularly described as follows, that is to say: Commencing at the point in the Northerly limit of the Northeast quarter of Lot 17, in the Fourth Concession, where the Westerly limit of the present right of way of the Tillsonburg, Lake Erie and _ Pacific Railway Company intersects with the said Northerly limit; Thence Southerly, along the Westerly limit of the said right of way of the Tillsonburg, Lake Erie and Pacific Railway Company four chains (264.0 feet); Thence Westerly, parallel with the Northerly limit of the Northeast quarter of said Lot, fifty links (33.0 feet) to a point; Thence Northerly, parallel with the Westerly limit of said right of way, 4 chains more or less to the Northerly limit of the said Northeast quarter; Thence Easterly, along the said Northerly limit of the Northwest quarter, fifty links (33.0 feet) more or less to the place of beginning. .../20 - 20 - (The lands described above as "Thirty-Firstly" are those lands described in Instrument No. 12402, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) THIRTY-SECONDLY: That part of Lot 17, in the Fourth Concession, now designated as Part 1 on a Reference Plan deposited in the Registry Office for the Registry Division of the County of Elgin, as Plan 11R-6478. THIRTY-THIRDLY: That part of Lot 18, in the Third Concession, now designated as Part 1 on a Reference Plan deposited in the Registry Office for the Registry Division of the County of Elgin, as Plan 11R-6479. THIRTY-FOURTHLY: A tract or parcel of land of irregular figure, in the Village of Vienna, comprising part of the original Road Allowance between the Second Concession and the Third Concession, in the Township of Bayham, and also a portion of the said road as diverted to pass under the Railway track of the Tillsonburg, Lake Erie and Pacific Railway, containing an area of 0.298 of an acre, more or less, and being shown edged in yellow on the Plan attached to Instrument No. 1822 (Vienna), the limits of said tract of land being more particularly described as follows, that is to say: Commencing at the point of intersection of the Northerly boundary of said Road Allowance between the Second Concession and the Third Concession, with the Northwesterly boundary of the right of way of the Tillsonburg, Lake Erie and Pacific Railway; Thence, in a Westerly direction, a distance of about 76.0 feet to a point at a square distance of 80.0 feet Northwesterly, from the centre line of the said Railway, at a chainage 1638 + 88; Thence in a Southeasterly direction, at right angles to said centre line, a distance of 138.0 feet, more or less, to the location of the Southeastern corner of the arch to be erected to carry said roadway under said Railway; Thence in an Easterly direction to the location of the Southeasterly end of the wing wall to be built on the Northeastern side of the Southeastern end of said arch; Thence, in a Northeasterly direction, a distance of about 100.0 feet to the point of intersection of the Northerly boundary of said Road Allowance with the Southeastern boundary of the right of way of said Railway; Thence, in a Westerly direction along the Northerly side of said Road Allowance, a distance of about 105.0 feet to the point of commencement. (The lands described above as "Thirty-Fourthly" are those lands described as "Firstly" in Instrument No. 1822, for the Village of Vienna,registered in the Registry Office for the Registry Division of the County of Elgin.) THIRTY-FIFTHLY: Part of the South half of Lot 17, in the Third Concession, containing by admeasurement 4.14 acres, be the same more or less, being more particularly described as follows, that is to say: ...l21 - 21 - Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the line between the North and South halves of Lot 17, in the Third Concession; Thence about Magnetic South 19 degrees 01 minutes West, along the centre line of the said Railway, a distance of 1,981.0 feet to a point of curve to the right of a radius of 1,910.0 feet; Thence continuing Southwesterly,along the centre line of said Railway on said curve, a distance of 746.0 feet, more or less, to the line between Lot 16 and Lot 17, in the Third Concession, forming the East boundary of the incorporated Village of Vienna, having a uniform width of 33.0 feet on each side of the centre line of said Railway, measured at right angles therefrom all as shown in pink on the diagram annexed to Instrument No. 11886 (Bayham). (The lands described above as "Thirty-Fifthly" are those lands described in Instrument No. 11886, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) THIRTY-SIXTHLY: Part of the Northeast quarter of Lot 17, in the Third Concession, containing by admeasurement 4.97 acres, be the same more or less, being more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the South side of the Road Allowance between the Third Concession and the Fourth Concession, at a distance of 30.5 feet Westerly thereon from the fence said to be between Lot 17 and Lot 18, in the Third Concession and forming the boundary line between the lands of George Godby and the party of the first part in Instrument No. 13113 (Bayham); Thence about Magnetic South 04 degrees 06 minutes West, along the centre line of the said Railway, a distance of 343.0 feet to point of curve to the right of a radius of 5,730.0 feet; Thence Southwesterly, along the centre line of said Railway on said curve, a distance of 1,179.0 feet, having a uniform width of 33.0 feet on each side of the centre line of said Railway, measured at right angles therefrom, save and except thereout and therefrom, so much land on the East side of the centre line of said Railway as belongs to the said George Godby lying within the said width of 33.0 feet as shown on the diagram annexed to Instrument No. 13113 (Bayham); Thence continuing Southwesterly, along the centre line of said Railway on said curve a distance of 100.0 feet increasing uniformly to a width thereat of 50.0 feet on each side of the centre line of said Railway, measured at right angles therefrom; Thence continuing Southwesterly along the centre line of said Railway on said curve a distance of 115.0 feet decreasing uniformly to a width thereat of 33.0 feet on each side of the centre line of said Railway, measured at right angles therefrom; Thence about Magnetic South 19 degrees 01 minutes West, along the centre line of said Railway, a distance of 1,402.0 feet, more or less, to the line between the North and South halves of said part of Lot 17, in the Third Concession, and forming the boundary line between the lands of James Clark and the party of the first part in Instrument No. 13113 (Bayham), having a uniform width of 33.0 feet on each side of the centre line of said Railway throughout said last named distance, measured at right angles ...122 - 22 - therefrom, save and except thereout and therefrom, the Highway known as the Kirkland Road, all as shown in pink on the diagram annexed to Instrument No. 13113 (Bayham). (The lands described above as "Thirty-Sixthly" are those lands described in Instrument No. 13113, for the Township of Bayham, registered in the Registry Office for the Registry Division of the County of Elgin.) THIRTY-SEVENTHLY: Part of the North half of Lot 16, in the Second Concession, containing by admeasurement 2.51 acres, be the same more or less, being more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the South side of the road between the Second Concession and the Third Concession, at a point distant 393.0 feet measured Westerly, therealong from the line forming the East boundary of the incorporated Village of Vienna and being also the line between the North halves of Lot 16 and Lot 17, in the Second Concession; Thence running about Magnetic South 45 degrees 45 minutes West, along the centre line of the said Railway, to a point distant 238.0 feet having a uniform width of 50.0 feet on each side of the centre line of said Railway, measured at right angles therefrom; Thence continuing on the same course along the centre line of said Railway to a point distant 200.0 feet having a width thereat of 33.0 feet on each side of said centre line of railway, measured at right angles therefrom; Thence continuing on the same course along the centre line of said railway 1,030.0 feet more or less to the North side of the said road between Lot 15 and Lot 16 in the said Township,having a uniform width of 33.0 feet on each side of the centre line of said railway, measured at right angles therefrom as shown coloured red on diagram annexed to Instrument No. 1445 (Vienna). (The lands described above as "Thirty-Seventhly" are those lands described in Instrument No. 1445, for the Village of Vienna, registered in the Registry Office for the Registry Division of the County of Elgin.) THIRTY-EIGHTHLY: A tract or parcel of land of irregular figure in the Village of Vienna, comprising part of the Road Allowance between the Second Concession and the Third Concession, as deviated to pass under the tracks of the Tillsonburg, Lake Erie and Pacific Railway, containing an area of 0.078 of an acre, more or less, the limits of said tract of land being more particularly described as follows, namely: Commencing at a point distant 80.0 feet at right angles Northwesterly from the centre line of said Railway at chainage 1639 + 08; Thence in a Southwesterly direction parallel to the centre line of said Railway to the Southern fence of said Road Allowance as deviated; Thence in a Southeasterly direction along said Southern fence a distance of about 90.0 feet to an angle in said Southerly fence; ...123 - 23 - Thence on a course along said fence North 89 degrees 17 minutes East 56.0 feet; Thence in a Northwesterly direction at right angles to the said centre line to the place of commencement. (The lands described above as "Thirty-Eighthly" are those lands described as "Secondly" in Instrument No. 1822, for the Village of Vienna, registered in the Registry Office for the Registry Division of the County of Elgin.) ALL AND SINGULAR those certain parcels or tracts of land and premises, situate, lying and being in the Village of Vienna, in the County of Elgin, and Province of Ontario, being composed of: FIRSTLY: Part of Block"I", in the incorporated Village of Vienna, originally part of the Southeast part of Lot 16, in the Third Concession, in the Township of Bayharn, and containing by admeasurement 0.98 of an acre, be the same more or less, being more particularly described as follows, that is to say: Commencing where the located centre line of the said Tillsonburg, Lake Erie and Pacific Railway intersects the East boundary of Block "I" in the incorporated Village of Vienna on the line forming the East boundary of the said Village of Vienna, being also the line between Lot 16 and Lot 17, in the Third Concession of the Township of Bayham; Thence Southwesterly, on a curve to the right of a radius of 1,910.0 feet along the centre line of said Railway, a distance of 145.0 feet, having a uniform width thereat and throughout said distance of 33.0 feet on each side of the centre line of said Railway, measured at right angles therefrom; Thence about Magnetic South 45 degrees and 45 minutes West, along the centre line of said Railway, a distance of 163.0 feet increasing uniformly to a width thereat of 50.0 feet on each side of the centre line of said Railway, measured at right angles therefrom; Thence continuing on the same course along the centre line of said Railway a distance of 196.0 feet, more or less, to the North side of the Road Allowance between the Second Concession and the Third Concession, at a distance thereon of 333.0 feet Westerly from the East boundary of the said Village of Vienna and the line between Lot 16 and Lot 17, in the Third Concession of the Township of Bayham, having a uniform width of 50.0 feet on each side of the centre line of said railway, measured at right angles therefrom throughout said last named distance all as shown in pink on the diagram annexed to Instrument No. 1447 (Vienna). (The lands described above as "Firstly" are those lands described in Instrument No. 1447, for the Village of Vienna, registered in the Registry Office for the Registry Division of the County of Elgin.) SECONDLY: Parts of the North half of Lot 16, in the Second Concession of the Township of Bayham, and which parcel may be more particularly known and described as follows, that is to say: Commencing on the Northerly limit of the lands acquired for Right of Way through the said Lot by the Tillsonburg, Lake Erie and Pacific Railway Company at a point thereon distant about 54.0 feet Southwesterly thereon from its intersection with the Westerly limit of the original allowance for road between the Second Concession and the Third Concession, said point being on the Westerly limit of the road as now fenced and travelled; .../24 - 24 - Thence South 45 degrees 45 minutes West (Magnetic), along said Northerly limit 167.0 feet to an angle in the same; Thence South 40 degrees 53 minutes West still along said Northerly limit 200.7 feet to another angle in the same; Thence South 45 degrees 45 minutes West, still along said Northerly limit 41.3 feet; Thence North 19 degrees 02 minutes East, 238.0 feet to a point distant 140.0 feet Northwesterly at right angles from the centre line of the said Railway; Thence North 45 degrees 45 minutes East, parallel to said centre line 197.0 feet to the said Westerly limit of the Road between the Second Concession and the Third Concession, as now travelled; Thence South 44 degrees 15 minutes East, along said last mentioned limit 90.0 feet to the place of beginning as shown edged in red on sketch attached to Instrument No. 1821 (Vienna). (The lands described above as "Secondly" are those lands described as"Firstly" in Instrument No. 1821, for the Village of Vienna, registered in the Registry Office for the Registry Division of the County of Elgin.) THIRDLY: Parts of the North half of Lot 16, in the Second Concession of the Township of Bayham, and which parcel may be more particularly known and described as follows, that is to say: Commencing on the Southerly limit of the said Right of Way at a point thereon distant about 55.0 feet Southwesterly thereon from its intersection with the said Westerly limit of said original Road Allowance being on the Westerly limit of the road as now travelled; Thence South 45 degrees 45 minutes West (Magnetic), along said Southerly limit 205.5 feet to an angle in the same; Thence South 50 degrees 37 minutes West, still along said Southerly limit 200.7 feet to another angle in the same; Thence South 45 degrees 45 minutes West, still along said Southerly limit 98.3 feet; Thence North 65 degrees 57 minutes East 310.0 feet to a point distant 140.0 feet Southeasterly at right angles from the centre line of said Railway; Thence North 45 degrees 45 minutes East,parallel to the said centre line 300.0 feet to the said Westerly limit of the Road Allowance between said Concessions as now travelled; Thence South 89 degrees 17 minutes West, along said last mentioned limit 124.0 feet to the place of beginning as shown edged in red on sketch attached to Instrument No. 1821 (Vienna). SAVE AND EXCEPT those lands previously described in Instrument No. 115189: All and Singular that certain parcel or tract of land and premises, situate, lying and being part of the North part of Lot 16, in the Second Concession, in the Township of Bayham, shown as (6) on a Plan of Survey prepared by John F. Weston, O.L.S., dated the 30th day of September, 1964, which may be more particularly described as follows: ...125 - 25 - PREMISING that the bearings are astronomic and are derived from observations on the sun referred to the meridian through the Southwest angle of Lot "D", Registered Plan No. 54 for the County of Elgin. COMMENCING at a standard iron bar planted in the Southeasterly limit of the right-of-way for the Canadian Pacific Railway which may be located by -- Starting at the Northeast corner of the said Lot 16; Thence South 01 degrees 42 minutes East, along the Easterly Iimit of Lot 16, a distance of 190.27 feet to a standard iron bar planted; Thence North 69 degrees 17 minutes 40 seconds West, 377.75 feet to the standard iron bar which is the point of commencement of this description; Thence North 42 degrees 20 minutes 50 seconds East, along the said Southeasterly limit of the CPR lands 175.9 feet; Thence South 88 degrees 48 minutes 30 seconds West, along a limit of the CPR lands 112.85 feet; Thence South 42 degrees 15 minutes West, 46.1 feet; Thence South 15 degrees 14 minutes 30 seconds East, 96.8 feet to the point of commencement, as shown in outlined in red on the Plan attached to Instrument No. 115189. (The lands described above as"Thirdly" are those lands described as "Secondly" in Instrument No. 1821, for the Township of Vienna, registered in the Registry Office for the Registry Division of the County of Elgin.) (All of the above described lands are those lands described in Schedules "A" through "K", inclusive, Schedule "N" and Schedule "0", registered in the Registry Office for the Registry Division of the County of Elgin and Instrument No. , registered in the Registry Office for the Registry Division of the Norfolk.) DYE I rnrn -Form No.500 Amended 11191 Affidavit of Residence and of Value of the Consideration A Form 1 — Land Transfer Tax Act Refer;E c.:1 instructions on reverse side. In the � of EaYhzx in 1 amity IN ;'HE MATTER OF TC HE CONVEYANCE OF (Insert brief descr.IpdonWland) Elgin ,F.03 in the stip of Norfolk, in the Reoicnal M ni rc r 7 ity S, it_he tic Taansiip of micblletcn, in the Canty of ttvfolk, varies Lots and Cknzessicns. BY(print names of ell transferors in hull) THE CORPORATION OF THE TOWN OF TILLSONBURG THE CORPORATION OF THE VILLAGE OF PORT BURWELL TO(see instruction t and print names of all transferees in full) PEMBINA EXPLORATION LIMITED I, (see instruction 2 and print name(s)in fun) John L. Norman MAKE OATH AND SAY THAT: 1. 1 am (place a clear mark within the square opposite that one of the following paragraphs that describes the capacity of the deponent(s)k (see instruction 2) O la)A person in trust for whom the land conveyed in the above-described conveyance is being conveyed; 0 (b)A trustee named in the above-described conveyance to whom the land is being conveyed; O (c) A transferee named in the above-described conveyance; ® (d)The authorized agent are/TATA&acting in this transacting/la vgjed '1'l� described in paragraph(s) iA,'1(01). (c) above; (stoke out references to Inapplicable paragraphs) ❑ (e)The President,Vice-President,Manager,Secretary,Director,or Treasurer authorized to act for (Insert name(s)of corporatIon(s)) described in paragraph(s) ), {�), (c) above;(strikeout references to inapplicable paragraphs) O (f) A transferee described in paragraph( ((Insert only one of paragraph py,(b)or(c)above,as applicable) and am making this affidavit on my own behalf and on behalf of (insert name of spouse) _ who is my spouse described in paragraph I } (insert only one of paragraph(a),(Nor(c)above,as applicable) and as such,I have personal knowledge of the facts herein deposed to. 2. (To be completed where the value of the consideration for the conveyance exceeds$400,000). I have read and considered the definition of"single family residence"set out in clause 1(1)Ija)of the Act.The land conveyed in the above-described conveyance O contains at least one and not more than two single family residences. Hole Clause 2(1)(d) imposes an additional tax at the rate of one-half of one per ❑ does not contain a single family residence. cent upon the value of consideration in excess of $400,000 where the convey- ante contains at least one and not more than two single family residences. ❑ contains more than two single family residences.(see Instruction 3) 3. I have read and considered the definitions of"non-resident corporation"and"non-resident person"set out respectively in clauses 1(11(f) and Ig)of the Act and each of the following persons to whom or in trust for whom the land is being conveyed in the above-described conveyance is a"non-resident corporation" or a"non-resident person"as set out in the Act. (see Instructions 4 and 5) None 4. THE TOTAL CONSIDERATION FOR THIS TRANSACTION IS ALLOCATED AS FOLLOWS: (a)Monies paid or to be paid in cash $ 10,000.00 (b)Mortgages (i) Assumed (show principal and interest to be credited against purchase price) $ Nil (ii) Given back to vendor $ Nil (c)Property transferred in exchange (detail below) $ Nil All Blanks (d)Securities transferred to the value of (detail below) $ Nil Must Be (e) Liens,legacies,annuities and maintenance charges to which transfer is subject $ Nil Filled In. (f) Other valuable consideration subject to land transfer tax (detail below) $ Nil insert"Nit" (g) VALUE OF LAND, BUILDING. FIXTURES AND GOODWILL SUBJECT TO 10,000.00 10,000.00 Where LAND TRANSFER TAX (Total of(a)to(f)) $ _ $ (h)VALUE OF ALL CHATTELS - items of tangible personal property Applicable. (RetailSales Tex is payable on the value of all chattels unless exempt under the provisions of the"Retail Sales Tax Act",R.S.O. 1980,c.454,as amended) • • • • • • • • • • • • • • $ (i) Other consideration for transaction not included in(g) or(h)above $ (j) TOTAL CONSIDERATION $ $10,000.00 5. If consideration is nominal,describe relationship between transferor and transferee and state purpose of conveyance. (see instruction 6) Not Applicable 6. If the consideration is nominal, is the land subje to an ecu bra cel Undetermined 7. Other arks and ex lanations if necessary., he any Option Agreement to Grant Easement and Right o>€ day is conveyed to a pipeline company and an exemption is claimed as provided under Regulation 695, R.R. 0., 1990, as amended. Sworn before me at the City of London in the County of Middlesex this day of 1997 signature(s) A Commissioner for taking Affidavits,etc. Property Information Record OPTION AGREEMENT TO GRANT For Land Registry Office Use Only A. Describe nature of instrument:FASPMNrP FANT) RIGHT OF WAY Registration No. B. (i) Address of property being conveyed(if available) Not Applicable (til Assessment Roll No. (if available) Nt't ApplirahLP C. Mailing addresses) for future Notices of Assessment under the Assessment Act for property being conveyed(see instruction 7) Not Applicable Registration Date Land Registry Office No. D. (i) Registration number for last conveyance of property being conveyed(it awilemsW PlicIElhle (ii) Legal description of property conveyed: Same as in D.(i)above. Yes❑ No❑ Not known n E. Name(sl and address(es) of each transferee's solicitor Not Applicable School Tax Support (Voluntary Election) See reverse for explanation ai Are all individual transferees Roman Catholic? Yes❑ No❑ It Yes. do all individual transferees wish to be Roman Catholic Separate School Supporters? Yes No❑ (c) Do all individual transferees have French Language Education Rights? Yes❑ No❑ (d) II Yes,do all individual transferees wish to support the French Language School Board(where established)? Yes❑ No❑ rem dill..-4 0.0