HomeMy WebLinkAboutPLN 31-20Report to
Executive Committee
Report Number: PLN 31-20
Date: December 7, 2020
From: Kyle Bentley
Director, City Development & CBO
Subject: Heritage Property Tax Relief Program and Implementing By-law
City of Pickering
File: A-3300-049
Recommendation:
1.That the Heritage Property Tax Relief Program and By-law be approved and the implementing
by-law to provide property tax relief to eligible heritage properties in the City of Pickering, as
set out in Appendix I to Report PLN 31-20, be enacted by Council;
2.That the City Clerk give notice of this by-law to the Minister of Finance and the Region of
Durham within 30 days of the passing of the by-law; and
3.That the appropriate City of Pickering officials be authorized to take actions as necessary to
implement the recommendations in this report.
Executive Summary: The Municipal Act provides a tool for municipalities to provide property
tax relief to eligible heritage properties through the enactment of a by-law. The program provides
an incentive for owners to make regular investments in the ongoing maintenance and conservation
of their properties. Further, with ongoing repair and maintenance, costly major renovation projects
can be avoided.
Eligible properties include those either individually designated or those designated within the
Whitevale Heritage Conservation District, under the Ontario Heritage Act (the “Act”), specifically
those listed as having cultural or architectural significance within the district. Eligible properties
must also be subject to a Heritage Easement Agreement with the City under Section 37 of the Act
and must comply with other additional criteria as set out in the by-law. Additionally, through this
program, property owners will be required to make an application to the City each year, and City
staff must be permitted to arrange a site visit to inspect the property when appropriate.
Heritage Pickering supports the proposed Heritage Tax Relief Program and recommends that the
by-law to provide property tax relief to eligible heritage properties in the City of Pickering be
approved. Accordingly, staff recommend that Council approve the Program and corresponding by-
law to provide property tax relief to eligible heritage properties in the City of Pickering. The draft by-
law to be enacted is attached as Appendix I.
Report PLN 31-20 December 7, 2020
Subject: Heritage Property Tax Relief Program and Implementing By-law Page 2
Financial Implications: Approximately 50 properties could be eligible for this program in the
City of Pickering. The by-law identifies a 20 percent refund to properties enrolled in the program,
which represents a refund of approximately $22,000 in City taxes yearly.
Any costs associated with enrollment into the program will be paid for by the property owner.
1.Discussion
At the September 28, 2020 Council meeting, staff were directed to report back to Council, by
the end of 2020, with a Heritage Property Tax Rebate Program, based on the Notice of
Motion presented at the July 27, 2020 Council meeting.
Heritage property tax relief is a financial tool for municipalities to help owners of eligible
heritage properties continue to maintain and restore these properties. Section 365.2 of the
Municipal Act gives municipalities the option of establishing a program to provide property tax
relief to owners of heritage properties. Municipalities must first pass a by-law to adopt the
program.
The draft by-law to provide property tax relief to eligible heritage properties, attached as
Appendix I to this report, has been prepared in consultation with the City’s Finance
Department and Corporate Services Department.
2.Benefits of a heritage property tax relief
Well maintained heritage properties enrich the quality of life and give communities a sense of
place and unique character. However, many are privately owned. The program provides an
incentive for owners to make regular investments in the ongoing maintenance and
conservation of their properties, which avoids costly deferred major renovation projects.
3.Property Tax Relief Amount
The Municipal Act allows municipalities to provide between 10 and 40 percent tax relief . The
refund amount for this program is proposed to be 20 percent. The refund is applied to the
City of Pickering portion of municipal taxes, as well as on the education portion.
For example, a property owner would receive a 20 percent refund on the City’s portion of
their tax bill and a 20 percent refund on the education portion of their tax bill. Should Council
approve the attached by-law, a notice will be sent to the Ministry of Finance so that the
province can fund the education portion.
The Region of Durham is currently not participating in the program.
Report PLN 31-20 December 7, 2020
Subject: Heritage Property Tax Relief Program and Implementing By-law Page 3
Municipalities may choose between a reduction and a refund to provide tax relief to the
homeowner. Staff recommend that the City provide a credit to the property tax account
similar to the Low Income Seniors/Persons with Disabilities Property Tax Grant program.
The amount of taxes a property owner pays depends on the assessment of the property from
the Municipal Property Assessment Corporation (MPAC). Municipalities can work with MPAC
to determine the area of a property that will be subject to the heritage tax relief. It is assumed
that most properties will be straightforward to assess as the tax relief would typically apply to
the area of the entire property. However, in some instances, a heritage house may be
located on a large farm, with other outbuildings and farming activities not described in the
heritage by-law. The municipality may then apply the tax relief to only the assessed portion
surrounding the dwelling or a portion of the dwelling.
4. Eligible Properties
The Municipal Act sets out minimum criteria for an eligible property and also allows the
municipality to have flexibility with additional criteria. The draft by-law includes the following
eligibility requirements:
designated under Part IV of the Ontario Heritage Act (an individually designated
property);
a property that is part of a heritage conservation district under Part V of the Ontario
Heritage Act, except for properties listed without having historical or architectural
significance within the Whitevale Heritage Conservation District Guide;
subject to a Heritage Easement Agreement with the City of Pickering under Section 37 of
the Ontario Heritage Act;
has a realty tax class of R – Residential, and a realty tax qualifier of T – Taxable;
complies with the additional eligibility criteria, including: a building that is in a good and
habitable condition, as determined by the City; staff are permitted to conduct a site
inspection by the owner; the property is not in contravention of work orders, municipal
requirements or liens; and applicable taxes, penalties, interest and other charges for the
property have been paid to the City.
There are approximately 50 eligible properties in Pickering, both within the Whitevale
Heritage Conservation District and outside of the District. This number excludes properties
that are currently owned by the provincial or federal governments. Should those properties
be purchased by a private owner in the future for residential use, they may be considered
eligible for the program.
The heritage tax relief program intends to incentivize the maintenance and repair of buildings
with cultural and architectural significance. Accordingly, properties within the Whitevale
Heritage Conservation District that are on the list as not having historical or architectural
significance, as noted in the District Guide, are excluded from the program.
Report PLN 31-20 December 7, 2020
Subject: Heritage Property Tax Relief Program and Implementing By-law Page 4
5.Application process and enrollment
For any given year the owner is seeking to obtain a heritage property tax refund for an
eligible property, the owner may apply for the program at any time before the last day in
February of the following year (a deadline mandated by the Municipal Act). The property
owner will be required to submit an application form along with any additional information
such as photos of the property and proof of ownership.
Staff will then confirm the heritage attributes of the property and whether it meets the eligibility
requirements, and may conduct research and a site visit to verify conditions. A Heritage
Easement Agreement must be registered on title with the Land Registry Office. This one-time
process of executing and registering the Agreement could take a few weeks to finalize.
Finance staff will then enroll the eligible property into the program.
The owner will be responsible to pay to the City all costs incurred by the City relating to the
registration of the Heritage Easement Agreement on title with the local Land Registry Office.
No additional fee will be charged by the City for enrollment.
Applications must be made each year that an Owner wishes an eligible property to be
considered. Staff anticipate that the homeowner, if enrolled, will receive a credit directly on
their tax bill.
6.Heritage Easement Agreement
A heritage easement agreement is a voluntary legal agreement between the municipality and
an owner to protect the heritage features of a property and to encourage good stewardship of
the property. As the agreement is voluntary, it recognizes the intention of both parties to
protect the heritage character of the property. The heritage easement agreement is binding
on future owners of the property.
The agreement is required because, under Section 29 of the Ontario Heritage Act, municipal
designation alone does not oblige owners to maintain their properties on an ongoing basis.
As the purpose of the tax relief measure is to offer an incentive for heritage property
conservation, relief will only be made available to those owners who have made a long -term
commitment to conserving their heritage properties.
The City of Pickering has prepared a draft Heritage Easement Agreement to reflect its by-law
and program (see Heritage Easement Agreement, Schedule “A” of Appendix I). In addition to
identifying the heritage characteristics of the property, all agreements contain certain core
elements to ensure the conservation of heritage properties, including requirements for the
owner to maintain the property in good condition and seek approval for alterations that would
affect its heritage attributes or features, and provisions for the municipality to monitor the
condition of the property periodically.
Report PLN 31-20 December 7, 2020
Subject: Heritage Property Tax Relief Program and Implementing By-law Page 5
7.Program promotion
The Heritage Property Tax Relief program will be advertised on the City’s website. The
website will outline the process, fees, eligibility criteria and steps to make an application.
Applicants will be encouraged to consult with City Development staff before making an
application to ensure eligibility.
Staff also plan to send potentially eligible property owners a letter by first class post each
year and will advertise the program on the City's social media pages. Other options for
promotion may include listing the enrolled properties on the website so that the public can
view which properties are participating in the program.
8.Heritage Pickering supports the draft by-law and program
The Heritage Property Tax Relief Program and the draft by-law was presented to
Heritage Pickering at its October 28, 2020 meeting. Staff from the City’s Finance Department
and City Development Department responded to various questions regarding the program
including matters related to: the cost to run the program; the gradual growth of the program
over time; how the refund will be physically given to the eligible property owner; how the
program will be funded; promotion of the program; how the eligible property owner is held
accountable to the program; what happens when the eligible property is sold; and, what the
consequences are to an enrolled property owner opting out of the program. The Committee
further noted that many heritage properties have gone through unsympathetic changes and
whether those properties would be eligible, to which staff noted a site visit would be required
before eligibility is determined.
Heritage Committee members noted that it is very costly to maintain and repair a heritage
home, so the program is a good incentive for a heritage homeowner to build up a reserve
through a tax credit. They further noted it would make the City an attractive place. The
Committee passed the following motion:
Heritage Pickering recommends that Council approve the by-law to provide
property tax relief to eligible heritage property in the City of Pickering.
9.Staff recommend approving the program and by-law to provide property tax relief to
eligible heritage property in the City of Pickering
Recognizing that preserving built heritage is a community benefit, the by-law provides an
incentive for property owners to provide ongoing maintenance before repairs become too
costly. Staff recommend that the by-law and program be approved.
Appendix:
Appendix I Draft By-law to provide property tax relief to eligible heritage property in the City of
Pickering and Heritage Easement Agreement
Report PLN 31-20 December 7, 2020
Subject: Heritage Property Tax Relief Program and Implementing By-law Page 6
Prepared By: Approved/Endorsed By:
Elizabeth Martelluzzi Catherine Rose, MCIP, RPP
Planner II, Heritage Chief Planner
Nilesh Surti, MCIP, RPP Kyle Bentley, P. Eng.
Manager, Development Review Director, City Development & CBO
& Urban Design
Stan Karwowski
Director, Finance & Treasurer
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A.
Interim Chief Administrative Officer
Appendix I to
Report PLN 31-20
Draft By-law to provide property tax relief to eligible heritage property
in the City of Pickering and Heritage Easement Agreement
The Corporation of the City of Pickering
By-law No. XXXX/20
Being a By-law to provide property tax relief to eligible
heritage property in the City of Pickering.
Whereas Subsection 365.2 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a local municipality may establish a program to provide tax reductions or
refunds in respect of eligible heritage property;
And whereas The Corporation of the City of Pickering finds it in the public interest to
provide financial assistance in the terms set out in this by-law as an incentive for
property owners to renovate, restore and maintain heritage property in the City of
Pickering;
Now therefore The Council of The Corporation of the City of Pickering hereby enacts as
follows:
Part 1 – Definitions
“Act” means the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended.
“Assessment Corporation” means the Municipal Property Assessment Corporation.
“City” means The Corporation of the City of Pickering or the geographic area of the City
of Pickering as the context requires.
“Council” means the Council of The Corporation of the City of Pickering.
“Eligible Property” means a property or portion of a property located within the limits of
the City, that
a) is designated under Part IV of the Act;
b) is part of a heritage conservation district under Part V of the Act, except for
properties listed without having Historical or Architectural Significance within the
Whitevale Heritage Conservation District Guide;
c) is subject to a Heritage Easement Agreement with the City under Section 37 of
the Act;
d) complies with the additional eligibility criteria set out in this by-law;
e) has a realty tax class of R – Residential, and a realty tax qualifier of T – Taxable;
and
f) is in a good and habitable condition, as determined by the City.
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By-law No. XXXX/20 Page 2
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“Heritage Easement Agreement” means an agreement made under Section 37 of the
Act, which sets out easement or covenant obligations with respect to but not limited to
the preservation of heritage features and value of heritage property and is registered on
title to an Eligible Property in the Land Registry Office, and which is enforceable by the
City against the Owner and subsequent Owner of an Eligible Property.
“Owner” means the registered owner(s), from time to time, of an Eligible Property, and
includes a corporation and partnership and the heirs, executors, administrators and
other legal representatives.
“Program” means the Heritage Property Tax Relief Program.
Part 2 – Application and Eligibility
2.1 An Owner of an Eligible Property must make an application to the Program by
submitting the prescribed application form to the City no later than the last day of
February in the year following the year for which the Owner is seeking to obtain a
heritage property tax reduction or refund. Applications received after this deadline
will not be accepted.
2.2 Upon acceptance of a satisfactorily completed application, the Director, City
Development & CBO, and if necessary in consultation with the Heritage
Committee, may approve a Heritage Easement Agreement with the Owner. Upon
confirmation that the Heritage Easement Agreement has been approved,
executed and registered on title to the Eligible Property, the City’s Finance
Department shall enroll the Eligible Property in the Program.
2.3 Applications to the Program must be made each year that an Owner wishes an
Eligible Property to be considered for a heritage property tax reduction or refund.
2.4 In order to determine eligibility for the Program, the Owner consents to the
inspection of the potentially Eligible Property as and when deemed necessary by
the City Development Department of the City or its designate.
2.5 Where multiple Heritage Easement Agreements are registered on title to one
parcel of land comprising an Eligible Property, multiple heritage property tax
reductions or refunds will not be provided in respect of the same heritage
features of the Eligible Property.
2.6 The Program is subject at all times to funding made available by Council in its
annual budget. This by-law does not obligate Council to provide funding for the
Program, and the heritage property tax reduction or refund contemplated by this
by-law may be eliminated by Council through repeal of this by-law at any time
with no notice whatsoever to any affected persons.
2.7 The Program is subject to any regulations that the Minister of Finance may make
governing by-laws on tax reductions or refunds for heritage property.
By-law No. XXXX/20 Page 3
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Part 3 – Non-Compliance
3.1 In the event that:
(a) Pickering’s City Development Department or its designate determines that
the Heritage Easement Agreement has not been complied with to the
satisfaction of the City;
(b) the Eligible Property is in contravention of work orders, municipal
requirements or liens; or
(c) applicable taxes, penalties, interest and other charges for the Eligible
Property have not been paid to the City, then
no heritage property tax reduction or refund will be issued to the Owner and the
City shall require the Owner to repay part or all of any heritage property tax
reduction or refund previously provided to the Owner during any period of
non-compliance. Upon the City Development Department or its designate being
satisfied that the Owner has brought the Eligible Property back into compliance,
the Eligible Property will be re-enrolled in the Program.
3.2. Pickering’s City Development Department or its designate shall send written
notice to the Owner of the Eligible Property informing the Owner that the Eligible
Property was found to be out of compliance. The written notice shall describe the
nature of the non-compliance.
3.3. An Owner who has received written notice pursuant to Section 4.1, shall have
thirty (30) days to:
(a) bring the Eligible Property into compliance to the satisfaction of the
Pickering’s City Development Department or its designate; or
(b) satisfy Pickering’s City Development Department or its designate that a
workable plan has been developed to bring the Eligible Property into
compliance.
3.4 Upon being satisfied that the Eligible Property is back in compliance, Pickering’s
City Development Department or its designate shall provide written notification to
the Owner and the City’s Finance Department indicating that the Eligible Property
is in compliance and that the heritage property tax reduction or refund will
continue.
3.5 In the event the Owner does not bring the Eligible Property back into compliance
within the timeline pursuant to Section 4.3, the City shall remove the Eligible
Property from the Program.
3.6 Should an Eligible Property be removed from the Program for non -compliance,
the City shall add the value of any heritage property tax reduction or refund
previously provided, plus applicable penalties and interest, to the Owner’s
property tax bill.
By-law No. XXXX/20 Page 4
Draft
Part 4 – Annual Tax Reduction or Refund
4.1 Subject to the conditions set out in this by-law, an Owner shall receive a heritage
property tax reduction or refund for each year in which the Owner and the Eligible
Property meet all of the requirements of this by-law.
Part 5 – Amount of Tax Reduction or Refund
5.1 The amount of heritage property tax reduction or refund provided in respect of an
Eligible Property shall be twenty percent (20 percent) of the taxes for municipal
and school purposes levied on the whole or a portion of the Eligible Property.
5.2 The Owner shall pay to the City all costs incurred by the City to register the
Heritage Easement Agreement on title to the Eligible Property prior to such
registration.
Part 6 – Property Assessment
6.1 The City will work with the Assessment Corporation to determine the whole or
portion of a property’s total assessment that is attributable to the building or
structure that is an Eligible Property, and the land used in connection with it . It
will be solely the City’s decision to determine the amount of heritage property tax
reduction or refund applicable to the Eligible Property.
6.2 In the event that an Eligible Property’s assessed value, as determined by the
Assessment Corporation, changes for any reason whatsoever, then the amount
of the heritage property tax reduction or refund shall be recalculated accordingly.
Part 7 – Interest
7.1 The City may require the Owner to pay interest on the amount of any repayment
under this by-law, at a rate not exceeding the lowest prime rate reported to the
Bank of Canada by any of the Banks listed in Schedule I of the Bank Act (Canada),
calculated from the date or dates the heritage property tax reduction or refund
was provided.
Part 8 – Penalty
8.1 If the Owner of an Eligible Property demolishes the property or breaches the
terms of a Heritage Easement Agreement, the City shall require the Owner to
repay part or all of any heritage property tax reductions or refunds provided to the
Owner for one or more years under this by-law.
By-law No. XXXX/20 Page 5
Draft
Part 9 – Sharing of Repayment
9.1 Any amount repaid to the City by the Owner pursuant to this by-law shall be
shared by the City and the School Boards and the Region of Durham, if the
Region has enacted a heritage property tax by-law, that share in the revenue
from taxes on the Eligible Property, in the same proportion that they shared in the
cost of the heritage property tax reduction or refund on the Eligible Property.
Part 10 – Notification
10.1 The City Clerk is hereby directed to give notice of this by-law to the Minister of
Finance and the Region of Durham within thirty (30) days of the passing of this
by-law.
Part 11 – Schedules
11. 1 Schedule “A” (Form of Heritage Easement Agreement) is attached to and forms
part of this by-law.
11.2 Unless otherwise specified, references in this by-law to Parts, Sections and
Schedules are to Parts, Sections and Schedules in this by-law.
Part 12 – Delegation
12.1 Council delegates to the Mayor and City Clerk the authority to execute all
Heritage Easement Agreements, and any amendments thereto, as required from
time to time, in the form attached hereto as Schedule “A” and subject to such
revisions as are satisfactory to the Director, City Development & CBO, for the
purpose of satisfying the City’s requirements for such Agreement pursuant to this
by-law.
Part 13 – Force and Effect
13.1 This by-law shall come into force and effect on the date it is passed.
By-law passed this XX day of XXXX, 2020.
________________________________
David Ryan, Mayor
________________________________
Susan Cassel, City Clerk
Schedule “A”
Form of Heritage Easement Agreement
This Heritage Easement Agreement made _________________,
B e t w e e n:
*
(the “Owner”)
and
The Corporation of the City of Pickering
(the “City”)
Whereas:
(1) The Owner is the registered owner of certain lands and premises situated in the
City of Pickering in the Regional Municipality of Durham and Province of Ontario,
and municipally known as ________________________, and more particularly
described in Schedule “A” attached hereto (the “Property”) and on which is
erected a heritage building (the “Building”).
(2) One of the purposes of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as
amended or re-enacted from time to time (the “Act”), is to support, encourage
and facilitate the conservation, protection and preservation of the heritage of
Ontario.
(3) By Subsection 37(1) of the Act, the City is entitled to enter into easements or
covenants with owners of real property, or interests therein, for the conservation,
preservation and protection of property of historic or architectural value or
interest.
(4) By Subsection 37(3) of the Act, such easements and covenants entered into by
the City when registered in the proper Land Registry Office against the real
property affected by them shall run with the real property and may, whether
positive or negative in nature, be enforceable by the City or its assignee against
the Owner or any subsequent owner of the real property, even where the City
owns no other land which would be accommodated or benefited by such
easements and covenants.
(5) The Owner and the City recognize the heritage significance, ch aracter and
features of the Property as set out in the by-law designating the Property to be of
cultural heritage value or interest (the “Heritage Features”) which Heritage
Features are described in Schedule “B” attached hereto.
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(6) The Owner and the City desire to conserve the historical, architectural,
contextual, aesthetic, scenic and heritage characteristics and condition of the
Property through the conservation of its Heritage Features.
(7) To this end, the Owner and the City agree to enter into this heritage easement
agreement (the “Agreement”).
The parties agree that in consideration of the sum of Two Dollars ($2.00) of lawful
money of Canada now paid by the City to the Owner (the receipt of which is hereby
acknowledged), and for other valuable consideration, and in further consideration of the
granting of the easements herein and in further consideration of the mutual covenants
and restrictions hereinafter set forth, the Owner and the City agree to abide by the
following covenants, easements and restrictions which shall run with the Property
forever.
1. Purpose
(1) It is the purpose of this Agreement to ensure that the heritage character of
the Property will be preserved in perpetuity as part of the herit age of
Ontario (the “Purpose”). To achieve this Purpose, the Owner and the City
agree that the Heritage Features will be retained, maintained and
conserved by the Owner through the application of recognized heritage
conservation principles and practices and that no change shall be made to
the Heritage Features that will adversely affect the heritage character of
the Property as set out in the Heritage Character Statement (as
hereinafter defined).
(2) Any reference in this Agreement to the Property includes the Building.
2. Heritage Character Statement
The Owner and the City agree that the heritage character statement, as outlined
in By-law ____/__ and set out in Schedule “B” attached hereto (the “Heritage
Character Statement”), explains the heritage significance and character of the
Property and that the Heritage Features comprise the features of the Property
that are to be conserved under this Agreement in order to preserve and protect
the heritage significance and character of the Property.
3. Photographs Relevant to Duties of Owner
(1) The Owner and the City agree that the photographs, contained in
Schedule “C” attached hereto (the “Photographs”), the originals of which
are filed with, and may be examined at, the City or wherever they may be
from time to time located, generally depict certain significant features of
the appearance or the construction of the Property. The Heritage
Character Statement, Heritage Features and the Photographs shall be
referred to in determining the duties of the Owner under this Agreement.
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(2) In the event that alterations are made to the Property pursuant to
Section 4(2), the Owner shall, within ninety (90) days of completion of
such alterations and at the Owner’s expense, provide to the City new
photographs taken from the same vantage point and identifying the same
features of the appearance or construction as the original Photogra phs
contained in Schedule “C”. Such replacement photographs shall be
incorporated immediately into Schedule “C” by way of amendment to this
Agreement, and shall replace the Photographs contained in Schedule “C”.
After such amendment is made, all references in this Agreement to the
Photographs contained in Schedule “C” shall be taken to be references to
such replacement photographs.
4. Duties of Owner
(1) The Owner shall at all times and, subject to compliance with the
requirements of Section 4(2), maintain the Property in as good and sound
a state of repair as a prudent owner would normally do so that no
deterioration in the present condition and appearance of the Heritage
Features shall take place except for reasonable wear and tear. The
Owner’s obligation to maintain the Property shall require that the Owner
undertake such preventative maintenance, repair, stabilization and
replacement whenever necessary to preserve the Property in substantially
the same physical condition and state of repair as that existing on the date
of this Agreement and to take all reasonable measures to secure and
protect the Property from vandalism, fire and damage from inclement
weather.
(2) The Owner shall not, without the prior written approval of the City,
undertake or permit any demolition, construction, reconstruction,
renovation, restoration, alteration, remodeling, or any other thing or act
which would materially affect the condition, appearance or construction of
the Heritage Features. The Owner may, without the prior written approval
of the City, undertake or permit the repair or refinishing of the Property
where damage has resulted from casualty, loss deterioration or wear and
tear, provided that such repair or refinishing is not performed in a manner
which would materially affect the condition, appearance or construction of
the Heritage Features.
(3) Notwithstanding the provisions of Section 4(2), the Owner may undertake
such temporary measures in respect of the Property as are reasonably
necessary to deal with an emergency situation which puts the security or
integrity of the Property at risk of damage or occupants of the Property at
risk of harm provided that such measures are:
(a) in keeping with the Purpose of this Agreement;
(b) consistent with the conservation of the Heritage Features;
(c) consistent with the requirements of the Building Code Act, 1992,
S.O. 1992, c.23, as amended or re-enacted from time to time; and
(d) where time permits, the City is consulted before any such
measures are undertaken.
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In any case, the Owner shall advise the City forthwith when it undertakes
temporary measures in respect of the Property in an emergency situation.
(4) The Owner shall not place or affix on the Property any signs, permanent
storm screens, awnings, satellite receiving dishes, or other similar objects
and fixtures without the prior written approval of the City. Such approval
may, in the sole discretion of the City and for any reason which the City
considers necessary, be refused.
(5) The Owner shall not in respect of the Property, except with the prior
written approval of the City:
(a) grant any easement or right-of way which would adversely affect
the easement hereby granted;
(b) erect or remove or permit the erection or removal of any building,
sign, fence or other structure of any type whatsoever;
(c) allow the dumping of soil, rubbish, ashes, garbage, waste or other
unsightly, hazardous or offensive materials of any type or
description;
(d) except for the maintenance of existing improvements, allow any
changes in the general appearance or topography of the lands,
including and without limiting the generality of the foregoing, the
construction of drainage ditches, transmission towers and lines,
and other similar undertakings as well as the excavation, dredging
or removal of loam, gravel, soil, rock, sand or other materials;
(e) allow the planting of trees, shrubs or other vegetation which would
have the effect of (i) reducing the aesthetic value of the Building or
the Property; or (ii) cause any damage to the Building or the
Property;
(f) allow any activities, actions or uses detrimental or adverse to water
conservation, erosion control and soil conservation; and
(g) allow the removal, destruction or cutting of trees, shrubs or
vegetation except as may be necessary for (i) the prevention or
treatment of disease; or (ii) other good agriculture practices.
5. Owner’s Reserved Rights
The Owner expressly reserves for itself the right to use the Property and carry
out such activities as are consistent with the Purpose of this Agreement and
which do not materially affect, directly or indirectly, the Heritage Features in an
adverse manner.
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6. Alterations and Development
(1) Where the Owner seeks pursuant to Subsection 33 of the Act to alter or
develop the Property, the Owner shall, at its expense, provide to the City
such information in such detail as the City may reasonably require in order
for the City to consider and assess the Owner’s request including without
limitation the following:
(a) plans, specifications and designs for any proposed work;
(b) materials samples;
(c) work schedule; and
(d) such other reports, studies or tests as may in the circumstances be
reasonably required for the City to assess appropriately the impact
of the proposed work on the Heritage Features.
(2) Where any request for approval required under this Agreement is
submitted to the City, the determination of the City may be based upon
choice of materials, architectural design, historical authenticity or any
other grounds, and not limited to purely aesthetic or historical grounds. In
giving its approval, the City may specify such conditions of approval as the
City considers necessary or appropriate in the circumstances to ensure
the conservation of the Heritage Features.
(3) If the approval of the City is given, the Owner in undertaking or permitting
the construction, alteration, remodeling, or other thing or act so approved
of, shall comply with all of the conditions of approval specified by the City
in its approval including its use of materials and methods.
(4) In the event that the Owner is in default of any of its obligations under this
Agreement and the City has, pursuant to Section 11(1), notified the Owner
of such default, then the City may refuse to consider any request for
approval submitted by the Owner whether requested before or after such
notice of default has been given to the Owner.
(5) Any approval given by the City under this Agreement shall have
application only to the requirements of this Agreement and does not
relieve the Owner from obtaining any approvals, pe rmits or consents of
any authority whether federal, provincial, municipal or otherwise that may
be required by any statute, regulation, by-law, guideline, policy or by any
other agreement.
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7. Indemnity
The Owner shall hold harmless and indemnify the City, its employees, officers,
elected officials, agents, contractors and representatives against and from any
and all actions, claims costs, damages, demands, judgments, liabilities, losses,
proceedings, suits, expenses or costs whatsoever (including all costs of
defending such claims) arising out of, incidental to, or in connection with any
injury or damage to person or property of every nature and kind (including death
resulting therefrom), occasioned by any act or omission of the Owner related to
this Agreement, save and except for any such liabilities and claims caused by the
City, its employees, officers, elected officials, agents, contractors and
representatives.
8. Insurance
(1) The Owner shall deliver to the City upon the execution of this Agreement a
certificate of insurance in a form satisfactory to the City, evidencing that
the Building is insured against normal perils that are coverable by fire and
extended coverage insurance in an amount equal to the replacement cost
of the Building. Thereafter, evidence satisfactory to the City of the renewal
of the insurance shall be delivered to the City at least thirty (30) days
before the termination thereof. The insurance policy shall, state that the
policy will not be altered, cancelled or allowed to lapse without thirty (30)
days prior notice to the City.
(2) If the Owner fails to obtain the insurance or if the insurance is cancelled,
the City may effect such insurance and the premium and any other
amount paid in so doing shall forthwith be paid by the Owner to the City,
or if not, shall be a debt owing to the City and recoverable from the Owner
by action in a court of law.
(3) All proceeds receivable by the Owner under the insurance shall, on the
written demand and in accordance with the requirements of the C ity, be
applied to the replacement, rebuilding, restoration or repair of the Building
to the fullest extent possible having regard to the Heritage Features, the
particular nature of the Building and the cost of such work.
9. Damage or Destruction
(1) The Owner shall notify the City of any damage or destruction to the
Building within ten (10) days of such damage or destruction occurring.
(2) In the event that the Building is damaged or destroyed and the
replacement, rebuilding, restoration or repair of it is impractical because of
the financial costs involved, or because of the particular nature of the
Building, the Owner shall, in writing within forty (40) days of the giving by
the Owner of notice under Section 9(1) of such damage or destruction,
request written approval by the City to demolish the Building in
accordance with Section 4(2).
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(3) In the event that either the Owner does not request or the City does not
give the approval referred to in Section 9(2), the Owner shall replace,
rebuild, restore or repair the Building so as to effect the complete
restoration of the Building. Before the commencement of such work, the
Owner shall submit all plans and specifications for the replacement,
rebuilding, restoration or repair of the Building to the City for its written
approval within one hundred and thirty-five (135) days of the damage or
destruction occurring to the Building. A refusal by the City to approve any
plans and specifications may be based upon choice of materials,
appearance, architectural style or any other ground or grounds including,
but not limited to, purely aesthetic grounds, and the determination of the
City shall be final. The Owner shall not commence or cause such work to
be commenced before receiving the written approval of the City of the
plans and specifications for it, and such work shall be performed upon
such terms and conditions as the City may stipulate. The Owner is
required to obtain any approvals, permits or consents of any authority
whether federal, provincial, municipal or otherwise that may be required by
any statute, regulation, by-law, guideline, policy or by any other agreement
as necessary. The Owner shall cause all replacement, rebuilding,
restoration and repair work on the Building to be commenced within thirty
(30) days of the approval by the City of the plans and specifications for it
and to be completed within nine (9) months of commencement, or as soon
as possible thereafter if factors beyond their control prevent completion
within the said nine (9) months, and the Owner shall cause all such work
to conform to the plans and specifications approved of and terms and
conditions stipulated by the City.
(4) In the event that either the Owner does not request or the City does not
give the approval referred to in Section 9(2) and the Owner fails to submit
plans and specifications pursuant to Section 9(3) which are acceptable to
the City within one hundred and thirty-five (135) days of the damage or
destruction occurring to the Building, the City may prepare its own set of
plans and specifications for the work and shall deliver a set of the City’s
plans and specifications to the Owner. The Owner shall have thirty (30)
days from receiving a copy of such plans and specifications to notify the
City in writing that it intends to undertake the work in accordance with
those plans and specifications.
(5) If the Owner does not so notify the City within the said thirty (30) days, the
City may (but shall not be obligated to) undertake the work. The Owner
shall reimburse the City for all expenses incurred by the City in
undertaking the work, including any professional or consulting costs
reasonably incurred in connection with the work. Such expenses incurred
by the City shall, until paid to it by the Owner, be a debt owing to the City
and recoverable by the City from the Owner by action in a court of law.
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(6) The Owner grants to the City the right and licence to enter and occupy the
Property and the Building or such part of parts thereof that the City
considers necessary or convenient for the City and its contractors to
undertake and complete the work. Such licence shall be exercisable by
the City on the commencement of any work undertaken by the City and
shall terminate when such work has been completed.
10. Inspection
The City or its representatives shall be permitted at all reasonable times during
normal business hours to enter upon and inspect the Property and the Building
upon giving at least twenty-four (24) hours prior written notice to the Owner.
11. Remedies of City
(1) If the City, in its sole discretion, is of the opinion that the Owner has
neglected or refused to perform any of its duties or obligations set out in
this Agreement, the City may, in addition to any of its other legal or
equitable remedies, give the Owner written notice setting out the
particulars of the Owner’s default and the actions required to remedy the
default. The Owner shall have thirty (30) days from receipt of such notice
to remedy the default in the manner specified by the City or to make other
arrangements satisfactory to the City for remedying the default within such
period of time as the City may specify.
(2) Where the Owner does not rectify the default as required by the City or
make arrangements satisfactory to the City for remedying the default, or if
the Owner does not carry out the arrangements to remedy the default
within the period of time specified by the City, the City may,
(a) cancel the Owner’s heritage tax reduction or refund; and/or
(b) enter upon the Property and carry out the Owner’s obligations and
the Owner shall reimburse the City for any expenses incurred
thereby. Such expenses incurred by the City shall, until paid to it by
the Owner, be a debt owed by the Owner to the City and
recoverable by the City by action in a court of law. The provisions of
Section 9(6) shall apply with all necessary changes required by the
context to any entry by the City onto the Property to remedy the
default.
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12. Notice
(1) Any notices to be given or required under this Agreement shall be in
writing and sent by personal delivery, electronic transmission (facsimile or
email), or by ordinary prepaid mail to the following addresses:
to the Owner at: Address:
Attention: _______________________, Fax No./Email:
and to the City at:
Pickering Civic Complex, One The Esplanade, Pickering, ON L1V 6K7
Attention: City Clerk, Fax No.: 905.420.9685
(2) The parties may designate in writing to each other a change of address at
any time. Notice by mail shall be deemed to have been received on the
fifth (5th) business day after the date of mailing, and notice by personal
delivery or electronic transmission (facsimile or email) shall be deemed to
have been received at the time of the delivery or transmission. In the
event of an interruption in postal service, notice shall be given by personal
delivery or electronic transmission (facsimile or email).
13. Plaque and Publicity
The Owner agrees to allow the City, at its expense, to erect a plaque on the
Property, in a tasteful manner and in such location as the City may determine,
acting reasonably, indicating that the City holds a heritage conservation
agreement on the Property. The Owner also agrees to allow the City to publicize
the existence of this Agreement and the Heritage Features in its publications,
educational materials and research databases.
14. General
(1) The failure of the City at any time to require performance by the Owner of
any obligation under this Agreement shall in no way affect its right
thereafter to enforce such obligation, nor shall the waiver by the City of the
performance of any obligations hereunder be taken or be held to be a
waiver of the performance of the same or any other obligation hereunder
at any later time. Any waiver must be in writing and signed by the City.
(2) Time shall be of the essence of this Agreement. Any time limits specified
in this Agreement may be extended with the consent in writing of the City,
but no such extension of time shall operate to be deemed to operate as an
extension of any other time limit, and time shall be deemed to remain of
the essence of this Agreement notwithstanding any extension of any time
limit. Any extension must be in writing and signed by the City.
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(3) All covenants, easements and restrictions contained in this Agreement
shall be severable, and should any covenant, easement or restriction in
this Agreement be declared invalid or unenforceable, the validity and
enforceability of the remaining covenants, easements and restrictions
shall not be affected.
(4) In the event that a dispute arises between the parties hereto because of
this Agreement, each party shall be responsible for its own legal fees,
court costs and all other similar expenses that may result from any such
dispute except where costs are awarded by a court or a tribunal.
(5) This Agreement embodies the entire agreement of the parties with regard
to the matters dealt with herein, and no understandings or agreements,
verbal, collateral or otherwise, exist between the parties except as herein
expressly set out.
(6) Notice of this Agreement shall be inserted by the Owner in any
subsequent deed, lease or other legal instrument by which it transfers the
fee simple title to or its possessory interest in the whole or any part of the
Property provided that such notice shall not be required where the Owner,
in leasing and licensing premises associated with the Property, retains
responsibility for the alteration of any Heritage Features forming part of the
licensed or leased premises and the tenant or licensee has no authority to
alter such Heritage Features.
(7) The Owner shall immediately notify the City in the event that it transf ers
either the fee simple title to or its possessory interest in the whole or any
part of the Property, provided that such notice shall not be required where
the Owner, in leasing and licensing premises associated with the Property,
retains responsibility for the alteration of any Heritage Features forming
part of the licensed or leased premises, and the tenant or licensee has no
authority to alter such Heritage Features. Notice of these covenants,
easements and restrictions shall be inserted by the Owner in any
subsequent deed or other legal instrument by which they divest
themselves either of the fee simple title to or of their possessory interest in
the Property.
(8) This Agreement shall be registered on title to the Property by the City, at
the Owner’s expense, and the covenants, easements and restrictions set
out herein shall run with the Property and enure to the benefit of and be
binding upon the parties hereto and their heirs, executors, administrators,
personal representatives, successors and assigns, as the case may be.
(9) The Owner shall, at its expense, obtain and register any postponements
or other agreements that the City may require to ensure that this
Agreement shall be a first encumbrance on title to the Property in all
mortgages, charges, leases and other encumbrances or agreements
affecting the Property.
Draft
(10) The City may assign all of its interest in this Agreement to any person in
accordance with Subsection 37(4) of the Act. The City shall not be liable to
the Owner for any breach or default in the obligations owed to the Owner
under this Agreement committed after notice of the assignment of this
Agreement has been given to the Owner.
(11) No person who is an Owner shall be liable to the City for any breach of or
default in the obligations of the Owner owed to the City under this
Agreement committed after the registration of a transfer by such person of
that person’s entire interest in the Property to another person, provided
that the Owner has delivered to the City notice of such transfer and an
acknowledgement and assumption executed by the new registered owner,
acknowledging the priority of this Agreement and the interest of the City,
and assuming the obligations of the Owner under this Agreement.
(12) Words importing the masculine gender include the feminine or neutral
gender and words in the singular include the plural, and vice versa.
Whenever the Owner comprises more than one person, the Owner’s
obligations in this Agreement shall be joint and several.
(13) The headings in the body of this Agreement form no part of the Agreement
but are inserted for convenience of reference.
(14) The recitals at the head of this Agreement are true and accurate and form
a part thereof.
(15) Schedules “A”, “B” and “C” are attached to and form part of th is
Agreement.
(16) This Agreement may be executed in any number of counterparts, and
each of such counterparts shall constitute an original of this Agreement
and all such counterparts together shall constitute one and the same
agreement. This Agreement or counterparts hereof may be executed and
delivered by fax or email, and the parties adopt any signatures provided or
received by fax or email as original signatures of the applicable party or
parties.
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In Witness Whereof the City and the Owner have executed this Agreement as of the
date first written above.
Witness:
____________________________ __________________________________
Print Name: *
Witness:
____________________________ __________________________________
Print Name: *
The Corporation of the City of Pickering
__________________________________
David Ryan, Mayor
_________________________________
Susan Cassel, City Clerk
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Schedule “A”
Description of the Property
[insert complete legal description (include PIN if available)]
Draft
Schedule “B’”
Heritage Character Statement and Heritage Features
1. Heritage Character Statement
[to be inserted]
2. Heritage Features
[to be inserted]
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Schedule “C”
Photographs
[to be inserted}